Loading...
HomeMy WebLinkAbout05/23/12_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF MAY 23, 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 Pastor John May, Rio Bravo Valley Baptist Church. 3. PLEDGE OF ALLEGIANCE by Waverly Reifka, Is' grade student at Ronald Regan Elementary School, 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Lill Marsh, Chairperson of Honor Flight Kern County, declaring May 25 -27, 2012 "Honor Flight Days ". 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Department Budget Presentations: 1. Public Works Department 2. Development Services Department 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a, Approval of minutes of the May 9, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from April 27, 2012 to May 10, 2012 in the amount of $11,044,687.61 and self- insurance payments from April 27, 2012 to May 10, 2012 in the amount of $262,581.54 totaling $11,307,269.15. Ordinances: Resolutions: (ward 2) C. Resolution adding territory, Area 1 -90 (4850 Commerce Drive) to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. 8. CONSENT CALENDAR continued d. Resolution of Intention No. 1712 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and its 2012 -2013 budget; and setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. e. Resolution of Intention No. 1713 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and its 2012 -2013 budget; and setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. f. Resolution of Intention No. 1714 preliminarily adopting, confirming and approving the Public Works Director's Report for Traffic Signal Maintenance Districts and their 2012- 2013 budgets; and setting time and place for hearing protests on the amount of traffic signal assessments to be levied throughout the Traffic Signal Maintenance Districts. Agreements: (Ward 1) g. Agreement with Mead & Hunt, Inc. (not to exceed $350,000), for on -call airport planning, engineering, and design services for federally funded capital improvement projects during calendar years 2012 through 2016. h, Amendment No. 1 to Agreement No. 11 -067 with Spence Spraying Service (extending the term one year and adding $105,000; revised not to exceed $147,500) for chemical application service. I. Amendment No. 1 to Agreement No. 11 -075 with Safeway Sign Company (extending the term one year and adding $80,000; revised not to exceed $155,343.14) for supplying traffic signs. (Ward 1) j. Contract Change Order No. 29 to Agreement No. 11 -035 with GSE Construction, Inc. ($90,330; revised not to exceed $5,179,500) for the Wastewater Treatment Plant 2 Septage /Grease Receiving Station and Odor Control Project. Bids: Accept bid from Ride Now Powersports, Kennewick, WA. ($83,257.16) for replacement of four police special motorcycles for the Police Department. (Ward 6) I. Accept bid and approve contract with Kinco General Contractors ($79,907) for bathroom reconstruction at Fire Station No. 7. City Council Meeting of 05/23/2012 8. CONSENT CALENDAR continued (Ward 6) M. State Farm Sports Village - Phase 2 Project: 1. Accept bid and approve contract 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 Works Department Capital Improvement budget. 3. Appropriate $350,000 Wasterwater Enterprise Fund balance to the Public Works Capital Improvement budget within the Wastewater Enterprise Fund. n. Accept bid and approve contract with Prudential Overall Supply (not to exceed $420,000) for three years of service for industrial laundry service. Miscellaneous: o. Acceptance of 2009 -10 Transportation Development Act Funds Financial Statements. Staff recommends adoption of Consent Calendar items 8.a. through 8. o. 9. CONSENT CALENDAR PUBLIC HEARINGS (Ward 3) a. Public Hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at State Route 178 at Morning Drive, (APN #434 - 010 -04) (Saleh Hawatmeh, owner) by eminent domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) (Ward 3) b, Public Hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at State Route 178 at Morning Drive, (APN #434 - 010 -06) (Marvin & Shirley Hort, "Hort Trust ", owners) by eminent domain for the new Morning Drive and State Route 178 Interchange Project, (TRIP) (Staff recommends adoption of Resolution.) (Ward 3) C. Public Hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at State Route 178 at Morning Drive, (APN #434 - 010 -16) (Anthony & Carol Evans and Ken & Sylvia Koss, owners) by eminent domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) (Ward 3) d. Public Hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at State Route 178 at Morning Drive, (APN #'s 531 - 011 -07 and 533 - 010 -19, previously known as APN #s 533 - 010 -27 and 533 - 010 -28) (S &J Alfalfa Inc., owners) by eminent domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) (Ward 3) e. Public Hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at State Route 178 and Morning Drive, (APN #s 533 - 011 -18 thru 28) (S &J Alfalfa Inc., owners) by eminent domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) City Council Meeting of 05/23/2012 9. CONSENT CALENDAR PUBLIC HEARINGS continued f. General Plan Circulation Element Amendment No, 12 -0084; The City proposes a text amendment to the Circulation Element of the Metropolitan Bakersfield General Plan relating to Freeways. (Staff recommends adoption of Resolution.) 1. Resolution approving the general plan amendment to change the text of the Circulation Element of the Metropolitan Bakersfield General Plan relating to Freeways as depicted in Exhibit A. (Ward 1) g. General Plan Amendment /Zone Change No. 12 -0023 for city -owned property encompassing 40 acres located approximately one -half mile south of East Panama Lane along the east side of Cottonwood Road. (Staff recommends adoption of resolution and give first reading to Ordinance.) 1, Resolution approving the general plan amendment changing the land use designation from HMR (High Medium Density Residential) to R -IA (Resource - Intensive Agriculture). 2. First Reading of Ordinance amending Title 17 of the Municipal Code by changing the zone district from PUD (Planned Unit Development) to A (Agriculture). (Ward 6) h. General Plan Amendment /Zone Change No. 11 -0418; McIntosh & Associates, representing JEC Panama, LLC (property owner), has proposed a general plan amendment and zone change on 9,88 acres located at the northeast corner of Panama Lane and Ashe Road. (Staff recommends adoption of resolution and give first reading to Ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from HMR (High Medium Density Residential) to GC (General Commercial). 2, First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code by changing the zone district from R -2 /PUD (Limited Multiple Family Dwelling /Planned Unit Development) to C -2 /PUD (Regional Commercial /Planned Commercial Development), RECESS 10. SUCCESSOR AGENCY BUSINESS a. Receive and file Successor Agency payments from April 27, 2012 to May 10, 2012 in the amount of $203,569.59. Staff recommends report be received and filed. 4 City Council Meetinq of 05/23/2012 10. SUCCESSOR AGENCY BUSINESS continued b. Loan reauthorization between the City of Bakersfield and the Successor Agency to the former and dissolved Bakersfield Redevelopment Agency, 1. Agreement between the Successor Agency and the City to re -enter and restate Reimbursement Agreement No. 09 -128 for two loans from the City to the Redevelopment Agency. 2, Agreement between the Successor Agency and the City to re -enter and restate Reimbursement Agreement No. 10 -112 from the City to the Redevelopment Agency. Staff recommends approval of the reimbursement agreements to re -enter and restate the loans. 11. CLOSED SESSION 12. HEARINGS 13. REPORTS a, Department Budget Presentations: 1, Police Department 2. Fire Department 14. DEFERRED BUSINESS 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT 5/17/129:15 pm Respectfully submitted, Alan Tandy City Manager 5 City Council Meeting of 05/23/2012 AGENDA HIGHLIGHTS May 23, 2012 COUNCIL MEETING Department Budget Presentations: The Public Works and Development Services Departments will present a detailed overview of their FY 2012 -13 proposed budgets. The Police and Fire Departments will follow later on this agenda under Reports. Item 8k.. Construction of Sl2orts 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.) This item originally appeared on the May 9, 2012 agenda; however, staff requested that it be removed in order to respond to a bid protest. The City Attorney's Office has prepared a detailed response, which is included with the administrative report, and recommends proceeding with the approval of the agreement. CONSENT CALENDAR PUBLIC HEARINGS Items 9a -9e. SR 178 /Morning Drive Interchange Project - Pro pfy Acquisitions. This TRIP project to construct a new interchange at SR178 /Morning Drive and widen SR 178 to four lanes for approximately 1.5 miles is progressing, with construction scheduled to begin in late 2012 /early 2013. Staff is actively in the process of negotiating with property owners for purchase of those parcels that have been identified as necessary for the project. This agenda includes the first of a series of requests for approval of Resolutions of Necessity to allow the City to begin eminent domain proceedings to complete acquisition of needed properties. The five requests on this agenda are for properties that are unoccupied, undeveloped, and will not require relocation of any owners or occupants. Discussions with the property owners are on -going and staff will earnestly attempt to come to agreement with them and to avoid eminent domain actions, if possible. Item 9h. GPA /Zone Change Request - Panama Lane and Ashe Road. This is a request for a zone change of 9.88 acres at the northeast corner of Panama Lane and Ashe Road. The owner JEC, Panama, LLC, represented by McIntosh and Associates, is requesting a zone change from high medium density residential to regional commercial. The proposed project is a 91,300 commercial retail center, consisting of two stand alone retail buildings, one multi- tenant building, and two fast food pads. The Planning Commission approved the preliminary site plan on March 15, 2012 and is recommending approval to the Council. There was no public opposition at the Planning Commission hearing. This item is requesting approval of a Negative Declaration, GPA and first reading of the ordinance. Item 10b. Loan Reauthorizations between the City and the Successor A envy to the RDA. On April 22, 2012, staff received notification from the State Department of Finance (DOF) challenging some of the items on the Recognized Payment Schedule (ROPS) that was approved by the Oversight Board on April 9, 2012. Staff sent a response to the DOF providing more information on the HUD Section 108 loans and requesting clarification of their comments on the Housing Set Aside transactions. Staff initially agreed to remove the interagency loans from the ROPS, pending approval of legislation that would allow them to be reinstated on a future ROPS. However, recent information from the League of California Cities based on their communications with the DOF has caused staff to renew efforts to maintain our challenge of the interagency loans as enforceable obligations. As of this date, we have not received a response on the DOF regarding our request, but the additional information from the League indicates that the DOF is supposed to address all appeals for contested ROPS items no later than May 25th. The League also received additional guidance from the DOF indicating that AB 1 x26 (the legislation that abolished redevelopment agencies) allows for a second type of agreement, whereby a successor agency may request oversight board approval to re -enter into an agreement with the city that created it, and the oversight board can then approve it. Hopefully, the DOF will approve the contested loans after reviewing the additional information that staff submitted. However, as a secondary measure, staff recommends that the City and the Successor Agency reenter into new loan agreements for three interagency loans that helped to facilitate several of the Mill Creek housing projects: 1) $2,000;000 loan (current balance of $1,342,459) from the City's Equipment Fund for the 19th Street Senior Project; 2) $1,500,000 loan (current balance of $1,122,121) from the City's Self Insurance Fund of the Courtyard Affordable Housing Project (both of these loans were processed under one agreement); and 3) $950,000 loan (current balance of $760,000) from the City's Equipment Fund for land and an easement for the Chelsea Affordable Family Housing Project. As previously referenced, the Police and Fire Departments 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 - May 23, 2012 Council Meeting Page 2 BA L' i ADMINISTRATIVE REPORT LIFO MEETING DATE: May 23, 2012 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEA DATE: May 11, 2012 CITY ATTORNEY CITY MANAGER eS SUBJECT: Presentation by Mayor Hall of a Proclamation to Lili Marsh, Chairperson of Honor Flight Kern County, declaring May 25 -27, 2012, "Honor Flight Days" in Bakersfield. RECOMMENDATION: BACKGROUND: krt BAKER O y,C ORPORA ADMINISTRATIVE REPORT AY �qLL MEETING DATE: May 23, 2012 AGENDA SECTION: Workshops ITEM: to. Q TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: May 14, 2012 DEPARTMENT HEAD CITY ATTORNE' CITY MANAGE APPROVED SUBJECT: Department Budget Presentations / 1. Public Works 2. Development Services BACKGROUND: Public Works and Development Services 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:al 5/14/12 S: \12- 13BUDPRO \Budget Admins, Resos \Budget Presentation 05.23.12- PW, DVS.docx AK ��ytA 4l ADMINISTRATIVE REPORT L� MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD 4T DATE: May 11, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the May 9, 2012 Regular City Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw +r U d C dun 1 ADMINISTRATIVE REPORT MEETING DATE: May 23, 2012 TO: FROM: DATE: SUBJECT AGENDA SECTION: Consent Calendar ITEM: J2 L. Honorable Mayor and City Council Nelson K. Smith, Finance Director May 11, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY —79c-- CITY MANAGER_,& Receive and file department payments from April 27, 2012 to May 10, 2012 in the amount of $11,044,687.61, Self Insurance payments from April 27, 2012 to May 10, 2012 in the amount of $262,581.54, totaling $11,307,269.15 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: May 11, 2012, 9:57AM SAKim GIADMIN \COUNCIL - ADMIN- AP- 2012WDMIN —AP 052312.doc A o��COW14 ADMINISTRATIVE REPORT MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar ITEM: g TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: May 9, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution to add territory, Area 1 -90 (4850 Commerce Drive) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector. (Ward 2) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: On May 9, 2012, the Council adopted Resolution of Intention No. 1710 adding the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and /or street landscaping. The area will be under park and /or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and /or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the 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) have also submitted a Proposition 218 ballot indicating their consent to the assessment. 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. ps G: \GROUPDAT\ADMINRPT \2012 \05 -23 \Res Estab admin - CMD 1- 90.docx BA O�y,p TOOT S ADMINISTRATIVE REPORT � �ts L� MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar ITEM: S. d TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 8, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1712 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District ( "CMD" herein) and the 2012 -2013 budget and setting the time and place for hearing protests regarding the amount of park landscaping assessments to be levied throughout the CMD. (All Wards) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: On January 13, 2005, the City Council passed Resolution No. 019 -05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the CMD. As of January 13, 2005, all new territories added to the CMD that benefit from public parks and /or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019 -05. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. Assessment rates for all existing developments prior to January 13, 2005 will not be increased. The rates will remain at the 2004 -2005 level. The proposed 2012 -2013 budget for the CMD (Exhibit "B ") is attached to this Resolution of Intention. This Resolution of Intention preliminarily approves the Public Works Director's Report which includes the 2012 -2013 budget for the CMD in its entirety. Each territory currently within the CMD was individually added by Council Resolution at a prior date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for each territory within the CMD are on file in the City Clerk's Office with its respective Council Resolution. This Resolution of Intention sets the protest hearing for the Council meeting on Wednesday, June 6, 2012, at 5:15 P.M. >- G:\ GROUPDAT \ADMINRPT\2012 \05- 23 \Admin ROI Park CMD 12- 13.docx A Q�,fA 4,l ADMINISTRATIVE REPORT ly i1, 10 MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 8, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY ki CITY MANAGERcs SUBJECT: Resolution of Intention No. 1713 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District ( "CMD" herein) and the 2012 -2013 budget and setting the time and place for hearing protests regarding the amount of street and median landscaping assessments to be levied throughout the CMD. (All Wards) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: On January 13, 2005, the City Council passed Resolution No. 019 -05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the CMD. As of January 13, 2005, all new territories added to the CMD that benefit from public parks and /or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019 -05. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. Assessment rates for all existing developments prior to January 13, 2005 will not be increased. The rates will remain at the 2004 -2005 level. The proposed 2012 -2013 budget for the CMD (Exhibit "B ") is attached to this Resolution of Intention. This Resolution of Intention preliminarily approves the Public Works Director's Report which includes the 2012 -2013 budget for the CMD in its entirety. Each territory currently within the CMD was individually added by Council Resolution at a prior date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for each territory within the CMD are on file in the City Clerk's Office with its respective Council Resolution. This Resolution of Intention sets the protest hearing for the Council meeting on Wednesday, June 6, 2012, at 5:15 P.M. in G: \GROUPDAT\ADMINRPT \2012 \05- 23 \Admin ROI Street CMD 12- 13.docx A OFyw �Ar ADMINISTRATIVE REPORT Ip MEETING DATE: May 23 2013 AGENDA SECTION: Consent Calendar ITEM: 'Ss. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 8, 2012 APPS ROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1714 preliminarily adopting, confirming and approving the Public Works Director's Report for seventeen (17) Traffic Signal Maintenance Districts ( "TSMD" herein) and their 2012 -2013 budgets and setting the time and place for hearing protests on the amount of Traffic Signal assessments to be levied for each TSMD. (All Wards) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: On September 28, 1994, the City Council passed Resolution No. 161 -94 adopting Council Policy on Traffic Signal Maintenance Assessments which enables the City to collect additional revenue for the maintenance and operation of traffic signals within a TSMD. As of July 1, 1997, each territory that creates a TSMD shall be assessed an amount consistent with the requirements of Proposition 218. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. The current annual cost for each signal system's maintenance and operation is $2,760.00. This Resolution of Intention preliminarily approves the Public Works Director's Report which includes the 2012 -2013 budget for each TSMD attached hereto as Exhibit "B." Each territory comprising a TSMD was individually added by Council Resolution at a prior date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for each TSMD are on file in the City Clerk's Office with its respective Council Resolution. This Resolution of Intention sets the protest hearing for the Council meeting on Wednesday, June 6, 2012, at 5:15 P.M. N G: \GROUPDAT\ADMINRPT \2012 \05- 23 \Admin ROI TSMD 12- 13.docx BA O�yw.ro.,ye S DMINISTRATIVE REPORT RY A LIF MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar ITEM: B, TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD r DATE: April 27, 2012 CITY ATTORNEY CITY MANAGER �S SUBJECT: Consultant Agreement with Mead & Hunt, Inc. (not to exceed $350,000) for on -call airport planning, engineering, and design services for federally funded capital improvement projects during calendar years 2012 through 2016 (Ward 1). RECOMMENDATION: Staff recommends approval of Agreement BACKGROUND: Because staff does not have expertise or experience in airport planning, engineering and design, the City has traditionally contracted for these services with consultants. To continue to qualify for and obtain Federal Aviation Administration (FAA) grants from the Airport Improvement Program (AIP), staff solicited Request for Qualifications (RFQ) for these services. On January 31, 2012, the City advertised for on -call Airport Planning and Engineering Services through the City's website, as well as the American Association of Airport Executives (AAAE) website and the AAAE periodical classified ads. On February 22, 2012, four submittals were received from: AECOM, Mead & Hunt, Tartaglia Engineering, and Wadell Engineering. The firms submitted Statement of Qualifications (SOQ) which were reviewed for completeness by the City's consultant selection committee coordinator. All four SOQ's were determined to meet the minimum requirements. The selection committee consisted of the Assistant Public Works Director, the Public Works Operations Manager, and the General Services Superintendent. The committee reviewed all of the proposals based on the criteria detailed in the RFQ, which included: the firm's technical expertise; their experience with similar contracts and past performance with the City of Bakersfield; their resources and capability to perform within the required time frames; and, the qualifications of the Project Manager and key personnel. On March 26, 2012, the selection committee summarized the results of the evaluations and ranked the firms. Based upon the evaluation summary, staff recommends award of contract to Mead & Hunt as the highest rated and most qualified firm. Since specific scopes of work have not yet been determined, the compensation amount is set at a not -to- exceed total of $350,000 for a five -year term. A task order, or request for proposal, shall be issued to Mead & Hunt for each specific project. Projects will be 90% federally funded with the 10% local match requirement funded by the General Aviation Fund. There is no General Fund impact associated with this Agreement. Sip G: \GROUPDAT \ADMINRPT \2012 \05- 23 \ADMIN for MH award rev (2)- 051412.doc O�BA E yw••o•,r� S U Cl ADMINISTRATIVE REPORT M LIFO MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD DATE: May 10, 2012 CITY ATTORNEY�I CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 11 -067 with Spence Spraying Service; extending the contract term one year and adding $105,000 (for a total not to exceed amount of $147,500) to continue the chemical application service. (Citywide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On June 8, 2011 the City entered into Agreement No.11 -067 for the Annual Contract to provide chemical application with Spence Spraying Service, in the amount of $42,500; renewable annually thereafter for four consecutive one -year periods. Under the current agreement, Staff estimated that $42,500 would be needed annually to perform spraying activities along the City's canal roads. Due to the low unit cost and excellent results this year with the chemical applications to the City's canal roads, staff is proposing to expand the services of the spraying contractor to include additional acreage associated with the Kern River levee system, storm water drainage basins, Mill Creek pond banks, and the storm water drainage ditch adjacent to Manor Street at San Miguel Grove Park. Staff is also proposing to include additional rodent control activities along the Kern River levee, which were also part of the original contract, and are necessary to have well maintained river levees through the City. Amendment No. 1 will add $105,000 for a revised not to exceed amount of $147,500, and extend the contract term one year. Funds are budgeted in the Water Resources operating accounts within the Enterprise Funds. Approval of the amendment will allow the City to continue to meet the demands for chemical application. Purchasing Division/ch C:\ Users \chluza\AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \099685CZ\AC for Chemical Application Amendment #1 Agmt 11 -067 (3).docx 5/10/2012 8:35:08 AM A O�p 04+r� S ADMINISTRATIVE REPORT LIFO MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar ITEM: B j, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson Smith, Finance Director May 10, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY r CITY MANAGER Amendment No. 1 to Agreement No. 11 -075 with Safeway Sign Company; extending the contract term one year and adding $80,000 (for a total not to exceed amount of $155,343.14) to continue the supply of traffic signs. (Citywide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On June 29, 2011 the City entered into Agreement No.l 1 -075 for the Annual Contract to provide Traffic Signs with Safeway Sign Company, in the amount of $75,343.14; renewable annually thereafter for four consecutive one -year periods. If approved, Amendment No. 1 will add $80,000 for a revised not to exceed amount of $155,343.14, and extend the contract term one year. Funds are budgeted in the Public Works Department operating accounts within the Gas Tax and General Funds. Approval of the amendment will allow the City to continue to meet the demands for traffic signs. Purchasing Division/ch S:\PURMADMIMAmendments 11 -12WC for Traffic Signs Amendment # 1 Agmt. 11- 075.docx 5/10/2012 8:10:08 AM BA ��cov0 is ADMINISTRATIVE REPORT L1F0 MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar ITEM. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 8, 2012 APPROVED DEPARTMENT HEAD � — CITY ATTORNEY D CITY MANAGER �W SUBJECT: Contract Change Order No. 29 to Agreement No. 11 -035 with GSE Construction, Inc. ($90,330; revised not to exceed $5,179,500) for the Wastewater Treatment Plant 2 Septage /Grease Receiving Station and Odor Control Project (Ward 1). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the installation of a septage /grease receiving station and odor control measures at Wastewater Treatment Plant No. 2. During installation of the foul air piping for the odor control system, the contractor encountered pipelines, utilities, and other obstructions that were not on the original plans. This unforeseen condition requires the contractor to modify the foul air piping configuration at each of these locations to allow for the pipeline's installation. The contractor has agreed to accept a lump sum payment of $90,330 for performing this work. A detailed cost analysis justifying this cost was provided by the contractor and reviewed by City staff. The cost increase of Contract Change Order 29 is $90,330. The sum of all change orders to date on this project reflects a total cost increase of $491,500 (which is 10.5% of the original contract amount) as illustrated below: Original Contract Amount = $4,688,000.00 Amended Contract Agreement after Change Orders = $5,179,500.00 Net Increase to date = $ 491,500.00 Sufficient funds are budgeted to fund these Change Orders. There is no.General Fund impact associated with these Change Orders. RM (Construction) May 8, 2012, 3:37PM G: \GROUPDATWDMINRPT \2012 \05- 23 \CCO 29 VW TP 2 Septage Receiving and Odor Control.doc MEETING DATE: May 23, 2012 TO: FROM: DATE: SUBJECT: AGENDA SECTION: Consent Calendar ITEM: 0? G Honorable Mayor and City Council Nelson K. Smith, Finance Director May 9, 2012 APPROVED DEPARTMENT HEAD _z4--' CITY ATTORNEY CITY MANAGER Accept bid from Ride Now Powersports, Kennewick, WA, in the amount of $83,257.16 for four (4) replacement Police Special Motorcycles for use by the Police Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers of motorcycles. Four (4) bids were received in response to solicitation. The units being replaced have high mileage and have reached their useful life. The four (4) bids received are as follows. BIDDER AMOUN T MAKE /MODEL BID Ride Now Powersports $83,257.16 Kawasaki Concours 14P Kennewick, WA Fred Cummings Motorsports $96,326.39 Kawasaki ZGI4CCFL Bakersfield, CA (City) Powersports of Vallejo, Inc. $96,359.95 Kawasaki ZGI40OCCFL Vallejo, CA Long Beach BMW Motorcycles $98,922.14 BMW R120ORT -P Long Beach, CA Staff performed a local vendor preference analysis, as the second lowest bidder is a local firm. Their bid is not within 3% of the low bid in this instance, so the local preference does not apply. Funds are available in the Equipment Management Fund for the purchase of four (4) replacement Police Special Motorcycles for the Police Department. Staff finds the bid submitted by Ride Now Powersports, Kennewick, WA based on the Kawasaki Concours 14P model to be acceptable. Purchasing Division/kb SAPURCHIADMINWdmin 11- 121Police Special Motorcycles (Re -Bid), 11- 12-81, May 23, 2012.docx May 15, 2012 MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, 1. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 10, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Kinco General Contractors, Bakersfield in the amount of $79,907 for Bathroom Reconstruction at Fire Station No. 7. (Ward 6) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Invitations to bid were sent to over four hundred (400) contractors for reconstruction services. Three (3) bids were received in response to the solicitation. Fire Station No. 7 requires a complete restroom rehabilitation due to age (1966 - 45 years), water leaks, wall deterioration, antiquated plumbing, and potential mold issues, etc. This project has been deferred from previous fiscal years and the costs have continued to rise each year. The project will include removal of all wall surfaces to bare studs and reconstruction to the original restroom design. Funds for this project are budgeted in the Capital Outlay Fund and General Fund. Three (3) bids were received as follows: BIDDER AMOUNT Kinco General Contractors $79,907 Bakersfield, CA Omega Construction $84,000 Bakersfield, CA Don Kinzel Construction, Inc. $85,140 Bakersfield, CA Staff finds the low bid submitted by Kinco General Contractors, Bakersfield, to be acceptable and recommends approval of the contract in the amount of $79,907. Purchasing DivisionAb SAPURCHWDMINWdmin 11- 120athroom Reconstruction at Fire Station #7, 11- 12-83, May 23, 2012.docx BA p�ywvoR,� S ADMINISTRATIVE REPORT „r,.�^ LIFO MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar ITEM: S m TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 11, 2012 SUBJECT: State Farm Sports Village - Phase 2 (Ward 6) APPROVED DEPARTMENT HEAD 1 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 Works 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, approval of agreement and appropriations. BACKGROUND: Staff requested to pull this item from the May 9, 2012 agenda in order to respond to a bid protest (see attached bid protest submitted by Seals /Biehle, Inc.). Staff prepared a response to the protest (see attached protest response prepared by City Attorney's Office). Staff recommends proceeding with the acceptance of bid, approval of agreement and appropriations. 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 G: \GROUPDAT\ADMINRPT\2012 \05 -23 \State Farm Sports Village - Phase 2 - Reissued. Doc ADMINISTRATIVE REPORT the City, maintenance will be provided by the American Youth Soccer Organization (AYSO) and by the Golden Empire Youth Football Association. 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 1128 Carrier Parkway Ave. Bakersfield, CA 93308 (County) $3,345,000 $ 258,000 $3,603,000 $3,694,000 $ 379,000 $3,984,000 Base Bid $3,800,675 Additive Alternate No. 1 $ 310,000 Total amount of Bid $4,110,675 Those unacceptable Base Bid and Additive Alternate No. 1 amounts are as follows: Seals /Biehle, Inc. Base Bid $3,280,000 9410 W. Placer Ave. Additive Alternate No. 1 $ 320,000 Visalia, CA 93291 Total amount of Bid $3,600,000 The bid was deemed non - responsive as it exceeded the subcontracting limitation of the bid documents. JTS Construction Base Bid $3,475,000 7001 McDivitt Dr., Ste B Additive Alternate No. 1 $ 335,000 Bakersfield, CA 93313 (City) Total amount of Bid $3,810,000 The bid was deemed non - responsive as it exceeded the subcontracting limitation of the bid documents. (P2K219) PW /ENGR: TMA G:\GROUPDAT\ADMINRPT\2012 \05 -23 \State Farm Sports Village - Phase 2 - Reissued. Doc 1 V Bro e ADMINISTRATIVE REPORT LI o MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar ITEM: n. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Nelson K. Smith, Finance Director May 16, 2012 APPROVED DEPARTMENT HEAD .4/5 CITY ATTORNEY CITY MANAGER Accept bid and approve contract to Prudential Overall Supply not to exceed $420,000 for three years of service for industrial laundry service. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Requests for Proposals were sent to over one hundred (100) suppliers for the Annual Contract for Industrial Laundry Service (includes uniforms, mats, mops and shop towels) for various City departments. Due to the vendors' initial capital investment costs associated with this service, the contract is proposed for an initial three (3) year period and shall be renewable thereafter for an additional three (3) year consecutive period. These terms are consistent with those of the previous contract for this service. The contract is for the supply and laundering of uniforms, mats, mops and shop towels. The successful supplier will provide new uniforms to approximately four hundred (400) employees for the outset of the contract, and on an ongoing basis to new employees, and subsequently deliver cleaned work uniforms on a weekly basis throughout the contract. Five (5) proposals were received in response to solicitation. The attached bid summary contains both one -time costs and annual rental costs of the various products. The one -time costs include set -up costs of printing the City logo and name patches, as well as replacement costs for damaged or lost items. In addition, the replacement cost amounts would also apply as initial costs to provide uniforms for any additional employees who may begin work over the next three years. The "unit price" column on the bid summary represents the weekly rental cost for each product line item. The bid summary considers the full estimated cost for the three year period for each of the bidders. Staff finds the proposal submitted by Prudential Overall Supply to be the lowest overall bidder and recommends approval of the contract. It should also be noted that the line items being considered for the new contract include two new items, listed as # 10 and # 11, that were not part of the previous contract. The American National Standards Institute (ANSI) provides ratings that pertain to high visibility safety apparel. The Occupational Safety and Health Association standards (OSHA,) as well as the Federal Highway Administration (FWHA) and Cal Trans standards, recommend ANSI rated garments for employees who work in roadway traffic areas. Therefore, the Streets Division employees, as well as other groups exposed to road traffic, will be using the new ANSI uniform products. Purchasing Division/kb C:\ Users \nsmith\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \EM389W70\AC Industrial Laundry Service May 23 2012 v5 (2) -rev (2).docx May 16, 2012 ADMINISTRATIVE REPORT The bid summary information reflects a large variance between the bidders' weekly rental costs for these new items. However, staff has reviewed the variances and is confident the low bidder is aware of the variances and will guarantee their bid pricing for all items listed. Staff is proposing the contract amount of $420,000 to cover both the "base" estimated cost for the three year period reflected on the bid summary of $335,394.72, as well as a very conservative contingency for lost /damaged items and other one -time costs that may be associated with any additional employees added to the uniform count over the next three years. Funding for this contract will be from a combination of General Fund, Gas Tax Fund, and Refuse, Wastewater and Water Enterprise funds. These amounts are included as a component of the budgets for those City departments which will be utilizing the uniform service. Purchasing Division /kb C:\ Users \nsmith\AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.0utlook \EM389W70\AC Industrial Laundry Service May 23 2012 v5 (2) -rev (2).docx May 16, 2012 r O a r a w 1 Y < O N 7 LL V c N Q A% n - n N O^ M m l? N N P M O Y T O 0 ac V N < E f p h H U - u' P hm °^ P (d C5, c V pp N _ N NNN l7 7 N O♦ f O V col 0 00 o cco h N n N � cZ ^ V U LL V P P e f f 0 ♦ f� fV N O N P^ P O C `O � b > z N O O O O O C n h n 6 U ^ N— N— N— N♦ P ^— N y� o c4�Z?�mCN 00 O l^n M P f n O (O < oP O — `O < $G N O l7 (_o P W Y {V P CO f7 O$ y V N O N 000 v O v1 P f i < T [G h 2— U t fV �n O N iYE O O O O O O O O O O N— N O f7 O — O O � ,4 ,`�cN•� ^u�R`c��? N N Z Y p C O Ot V w uuu cc d uu€ E ° . '; � a u d H H a > » C O << Q a x x x o gU N c7 ih V N C C C .0 O ci ii3Sa�UiiUZ�fi�oo <' r O a r a w 1 Y < O N 7 LL V c > F lk < O Y T O 0 ac V N < E o - u' c V pp N _ N NNN l7 7 10 h N n N O O r O a r a w 1 Y < O N 7 LL V c > F lk < O Y T O 0 ac V N < E o - u' c I.-U P P � h Q N O O r O a r a w 1 Y < O N 7 j U L L CL H C O LL V c > F lk < O Y T O 0 ac V N < E o - u' c I.-U P P M N O O j U L L CL H C O LL V c > F lk < O Y T O 0 ac V N < E o - u' c cc N O O LL j U L L CL H C O LL V c > F lk < O Y T O 0 ac V N < E o - u' c cc U LL A ADMINISTRATIVE REPORT 1 MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar ITEM: $.O. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul Rojas, Public Works Director May 9, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER S Acceptance of 2009 -10 Transportation Development Act Funds Financial Statements RECOMMENDATION: Staff recommends acceptance of audit report. BACKGROUND: Kern Council of Governments (Kern COG) administers Transportation Development Act (TDA) Funds. TDA funds provide the funding source for the following two City of Bakersfield funds: • Bikeway and Pedestrian Fund accounts for projects dedicated to bicycle and pedestrian facilities and safety. • Amtrak Operating Fund accounts for maintenance costs for the Bakersfield Amtrak Station. Statutes governing the use of TDA funds require annual audits. These statutes include KernCog's Rules and Regulations, the California Public Utilities Code section 99245, and the California Code of Regulations section 6664. KernCog contracted with Brown Armstrong Accountancy Corporation to perform audits of member agencies. The City bears no part of the audit costs. The attached financial statements for the TDA Funds were prepared for the fiscal year ending June 30, 2010. The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Brown Armstrong Accountancy Corporation has issued an unqualified opinion. GI G:\ GROUPDAT \ADMINRPT\2012 \05- 23 \Transp Dev Act Funds Financial Stm.docx A K ADMINISTRATIVE REPORT MEETING DATE: May 23, 2012 AGENDA SECTION: Hearings ITEM: 9. Q. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: May 4, 2012 APPROVED DEPARTMENT HEAD �� CITY ATTORNEY 06- CITY MANAGER SUBJECT: Public hearing on Resolution of Necessity to determine the public Interest and necessity for acquisition of certain real property located at State Route 178 at Morning Drive, Bakersfield, California (APN #434 - 010 -04) by eminent domain for the new Morning Drive /SR 178 interchange. (Ward 3) (TRIP) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Project: The City of Bakersfield, in cooperation with the California Department of Transportation District b, is proposing to construct an interchange at State Route 178 and Morning Drive (the "Project "). The Property to be Acquired: The property to be acquired is legally described in Exhibit " 1 " to the attached Resolution of Necessity ( "RON ") and Identified as Kern County Assessor's Parcel Number 434 - 010 -04 (the "Property "). The Property is generally located In the northeast and southeast quadrants of the Project as reflected on the maps attached to the RON, Saleh Hawatmeh owns the Property. The Property Is approximately 45,433 SF in size and is unoccupied and undeveloped and will not require the relocation of any owners or occupants. The Process: If the Resolution is adopted, the City will: 1. File an eminent domain action in Kern County seeking a fee simple interest in the Property, 2. Request that the court grant early possession of the Property; and 3. If necessary, proceed with the eminent domain action through trial to determine any unresolved issues, including just compensation. Throughout the process, the City will remain open to an informal resolution of the matter without the need for litigation. All required statutory findings have been made and are set forth in the RON. VG:vl S: \COUNCIL \Admins\ 11 -12 Admins \RON Admin - Hawatmeh.Docx -May 2, 2012 MEETING DATE: May 23, 2012 AGENDA SECTION: Hearings ITEM: 4-b. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: May 3, 2012 APPROVED DEPARTMENT HEAD l/G CITY ATTORNEY yG CITY MANAGER AS _ SUBJECT: Public hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at State Route 178 at Morning Drive, Bakersfield, California (APN # 434 - 010 -06) by eminent domain for the new Morning Drive /SR 178 interchange. (Ward 3) (TRIP) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Protect: The City of Bakersfield, in cooperation with the California Department of Transportation District 6, is proposing to construct an interchange at State Route 178 and Morning Drive (the "Project "). The Prooertv to be Acauired: The property to be acquired is legally described in Exhibit "1" to the attached Resolution of Necessity ( "RON ") and identified as Kern County Assessor's Parcel Number 434 - 010 -06 (the "Property "). The Property is generally located in the southwest quadrant of the Project as reflected on the maps attached to the RON. Marvin and Shirley Hort ( "Hort Trust ") owns an undivided 1/2 % interest in the Property. The Property is approximately 18,426 square feet in size, of which the Project would need 1,073 square feet, is unoccupied and undeveloped, and will not require the relocation of any owners or occupants. The Process: If the Resolution is adopted, the City will: 1. File an eminent domain action in Kern County seeking a fee simple interest in the Property; 2. Request that the court grant early possession of the Property; and 3. If necessary, proceed with the eminent domain action through trial to determine any unresolved issues, including just compensation. Throughout the process, the City will remain open to an informal resolution of the matter without the need for litigation. All required statutory findings have been made and are set forth in the RON. JHR :dll S: \COUNCIL \Admins \11 -12 Admins\RON Admin Hort Trust.] 78&Morning.Docx A , ADMINISTRATIVE REPORT MEETING DATE: May 23, 2012 AGENDA SECTION: Hearings ITEM: q. C TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: May 4, 2012 APPROVED DEPARTMENT HEAD Ve° CITY ATTORNEY CITY MANAGER "g SUBJECT: Public hearing on Resolution of Necessity to determine the public Interest and necessity for acquisition of certain real property located at State Route 178 at Morning Drive, Bakersfield, California (APN #434-010-16) by eminent domain for the new Morning Drive /SR 178 Interchange. (Ward 3) (TRIP) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Project: The City of Bakersfield, In cooperation with the California Department of Transportation District 6, Is proposing to construct an interchange at State Route 178 and Morning Drive (the "Project "). The Property to be Acquired: The property to be acquired is legally described in Exhibit "1 " to the attached Resolution of Necessity ( "RON ") and Identified as Kern County Assessor's Parcel Number 434 - 010 -16 (the "Property "). The Property Is generally located in the northeast and southeast quadrants of the Project as reflected on the maps attached to the RON. Anthony & Carol Evans and Ken and Sylvia Koss own the Property. The Property is approximately 2.824 acres in size and is unoccupied and undeveloped and will not require the relocation of any owners or occupants. The Process: If the Resolution is adopted, the City will: 1. File an eminent domain action in Kern County seeking a fee simple Interest in the Property; 2. Request that the court grant early possession of the Property; and 3. If necessary, proceed with the eminent domain action through trial to determine any unresolved issues, including just compensation. Throughout the process, the City will remain open to an Informal resolution of the matter without the need for litigation. All required statutory findings have been made and are set forth in the RON. VGM S: \COUNCIL \Admins\ 11 -12 Admins \RON Admin - Evans.Docx -May 2, 2012 MEETING DATE: May 23, 2012 AGENDA SECTION: Hearings ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD X DATE: May 2, 2012 CITY ATTORNEY tle�r CITY MANAGER SUBJECT: Public hearing on Resolution of Necessity ( "RON ") to determine the public interest and necessity for acquisition of certain real property located at State Route 178 and Morning Drive, Bakersfield California (APN #s 531 - 011 -07 and 533 - 010 -19, previously known as APN #s 533 - 010 -27 and 533 - 010 -28) by eminent domain for a new interchange at State Route 178 and Morning Drive. (Ward 3) (TRIP) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Project: The City of Bakersfield, in cooperation with the California Department of Transportation (Caltrans) District 6, is proposing to construct an interchange at State Route 178 and Morning Drive (the "Project "). The Property to be Acauired: The property proposed to be acquired is legally described in Exhibit "'I" to the attached Resolution of Necessity ( "RON ") and identified as Kern County Assessor's Parcel Numbers 531- 011 -07 & 531 - 011 -19 (previously known as APN's 531 - 010 -27 and 531 - 010- 28) (the "Property "). The Property is generally located in the northeast quadrant of the Project as reflected on the maps attached to the RON. S&J Alfaffa Inc., are the owners of the Property. The Property is approximately 25.93 acres in size, of which the Project would need 8.677 acres, is unoccupied and undeveloped, and will not require the relocation of any owners or occupants. The Process: If the Resolution is adopted, the City will: 1. File an eminent domain action in Kern County seeking a fee simple interest in the Property; 2. Request that the court grant early possession of the Property; and 3. If necessary, proceed with the eminent domain action through trial to determine any unresolved issues, including just compensation. Throughout the process, the City will remain open to an informal resolution of the matter without the need for litigation. All required statutory findings have been made and are set forth in the RON. Rl:dll S: \COUNCIL \Admins \11 -12 Admins \RON Admin.S&J. Alfalfa. North.Docx MEETING DATE: May 23, 2012 AGENDA SECTION: Hearings ITEM: Q. e. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD i% DATE: May 3, 2012 CITY ATTORNEY VG CITY MANAGER R-,� SUBJECT: Public hearing on Resolution of Necessity ( "RON ") to determine the public interest and necessity for acquisition of certain real property located at State Route 178 and Morning Drive, Bakersfield California (APN #s533- 011 -18 thru 28) by eminent domain for a new interchange at State Route 178 and Morning Drive. (Ward 3) (TRIP) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Proiect: The City of Bakersfield, in cooperation with the California Department of Transportation (Caltrans) District 6, is proposing to construct an interchange at State Route 178 and Morning Drive (the "Project "). The ProRertY to be Acquired: The property proposed to be acquired is legally described in Exhibit "1" to the attached Resolution of Necessity ( "RON ") and identified as Kern County Assessor's Parcel Numbers 533 - 011 -18 thru 28 (the "Property "). The Property is generally located in the southwest quadrant of the Project as reflected on the maps attached to the RON. S&J Alfalfa Inc., are the owners of the Property. The Property is approximately 289.75 acres in size, of which the Project would need 13.41 acres, is unoccupied and undeveloped, and will not require the relocation of any owners or occupants. The Process: If the Resolution is adopted, the City will: 1. File an eminent domain action in Kern County seeking a fee simple interest in the Property; 2. Request that the court grant early possession of the Property; and 3. If necessary, proceed with the eminent domain action through trial to determine any unresolved issues, including just compensation. Throughout the process, the City will remain open to an informal resolution of the matter without the need for litigation. All required statutory findings have been made and are set forth in the RON. R1:d11 S: \COUNCIL \Admins \11 -12 Admins \RON Admin.S&J.Alfalfa.South.Docx A ADMINISTRATIVE REPORT MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar - Hearings ITEM: q. f TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jim Eggert, Planning Director April 23, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER General Plan Circulation Element Amendment No. 12 -0084. (Wards 1 -7) The City of Bakersfield proposes a text amendment to the Circulation Element of the Metropolitan Bakersfield General Plan relating to Freeways. 1. Resolution approving the general plan amendment to change the text of the Circulation Element of the Metropolitan Bakersfield General Plan relating to Freeways as depicted in Exhibit A. RECOMMENDATION: Staff recommends adoption of a resolution approving the proposed text amendment to the Circulation Element of the General Plan. BACKGROUND: This proposal constitutes a minor revision to the existing Circulation Element text. The modification applies to the Freeways subsection and does not modify or add additional freeway alignments to the existing Circulation Map. The new text clarifies the future freeway routes, which consists of the Central System, (includes the SR 58 Gap Project, Centennial Corridor and the Westside Parkway); West Beltway; North Beltway; and South Beltway. Eventually, these projects will be constructed and joined to complete a circulation system throughout the Metropolitan Bakersfield area. The Planning Commission conducted a public hearing regarding this General Plan Amendment on April 19, 2012, and recommended approval to the City Council. No one spoke in opposition to the proposal. Staff found that there was no possibility that the text change would have a significant environmental impact; therefore, a Notice of Exemption was prepared in accordance with CEQA. JE:mo \ \S: \GPAs \GPA 12 -0084 Cir Amend TRIP Beltway System \Admin SR \Admin Report May 23, 2012.doc MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar - Hearings ITEM: q� . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jim Eggert, Planning Director April 13, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY c CITY MANAGER General Plan Amendment /Zone Change 12 -0023 (Ward 1) The City of Bakersfield proposes a general plan amendment and zone change on City -owned property encompassing 40 acres located approximately one - half mile south of East Panama Lane along the east side of Cottonwood Road. Resolution approving the general plan amendment changing the land use designation from HMR (High Medium Density Residential) to R -IA (Resource - Intensive Agriculture). 2. First reading of ordinance amending Title 17 of the Municipal Code by changing the zone district from PUD (Planned Unit Development) to A (Agriculture). RECOMMENDATION: Staff recommends adoption of a resolution approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: The proposed amendment will return City -owned property back to agricultural land use and zoning, which is the current and future use of the property. The property is part of the City's farm land where dried sewer sludge from Wastewater Treatment Plant No. 2 is spread. Crops are restricted to those for non -human consumption, which is currently alfalfa, hay, and cotton. The City owns a total of 5,000 acres located just south of the treatment plant. The site is currently designated and zoned for high- medium residential, and is entitled with a planned unit development plan (Tract map 6835) for 365 single family residential lots. The City - own property was changed to urban use because it was part of a potential trade agreement between the City and Mr. Mel Heinemann. However, the agreement between the City and Mr. Heinemann never came to fruition. The City does not intend to develop the property. All land immediately surrounding the project site is agriculture or rural use. The single family use to the north has an approved Tract Map 6862 that is being annexed into the City. ADMINISTRATIVE REPORT Page 2 The Planning Commission conducted a public hearing regarding this General Plan Amendment and Zone Change on March 15, 2012, and recommended approval to the City Council. No one spoke in opposition to the request. Staff determined that the project would not have a significant effect on the environment. Therefore, a Notice of Exemption was prepared, in accordance with CEQA. CG - S: \GPAs \GPA 1 st 2012 \12 - 0023 \CC 1sT read.doc MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar - Hearings ITEM: C1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jim Eggert, Planning Director April 23, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY 14� CITY MANAGER.__ General Plan Amendment /Zone Change 11 -0418 (Ward 6) McIntosh & Associates, representing JEC Panama, LLC, the property owners, has proposed a general plan amendment and zone change on 9.88 acres located at the northeast corner of Panama Lane and Ashe Road. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from HMR (High Medium Density Residential) to GC (General Commercial). 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code by changing the zone district from R -2 /PUD (Limited Multiple Family Dwelling /Planned Unit Development) to C -2 /PCD (Regional Commercial /Planned Commercial Development). RECOMMENDATION: Staff recommends adoption of a resolution approving a Negative Declaration, approving the proposed general plan amendment, and first reading of the ordinance. BACKGROUND: The proposed project is located at the northeast corner of Panama Lane and Ashe Road. The property owner is proposing to change the land use designation to general commercial and zoning to regional commercial with a planned commercial development overlay for development of a 91,300 square foot commercial retail center. The surrounding area includes single family housing to the north, east and west. Property to the south includes a partially - developed housing tract. The Planning Commission approved the preliminary site plan for this facility at the March 15, 2012 meeting. It is anticipated that the project will be constructed in a single phase. The development will include two stand -alone retail buildings (26,756 square feet), one multi- tenant retail building (56,830 square feet) and two fast -food pads with drive - through lanes (7,720 square feet). Conditions include development standards typical of any commercial project including street frontage improvements along Panama Lane and Ashe Road, and a landscaping area with 24 -inch box evergreen trees to screen adjacent residentially zoned properties. This project is also subject to design standards set forth in Section 17.08.140 (Design ADMINISTRATIVE REPORT Page 2 Standards for Large Retail Development), which regulates building design, entryways, parking lot design, pedestrian circulation, central features, community space, and delivery/ loading/ solid waste operations. The Planning Commission conducted a public hearing regarding this General Plan Amendment and Zone Change on March 15, 2012, and recommended approval to the City Council. There were no individuals or agencies at the hearing that opposed the request. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on February 22, 2012, in accordance with CEQA. Various studies were conducted as part of the environmental review. These included traffic, air quality, greenhouse gas emissions and cultural resources. As a result of those studies, associated mitigation measures are proposed as conditions of approval for this item. The applicant has agreed to all conditions and mitigation for the project. Attachment: Attachment A: PD Review No. 11 -0417 - Approved Site Plan DL: \\ S: \GPAs \GPA 1st 2012 \11 -0418 & PD review 11- 0417 \AdminSR \CC 1st read.doc MEETING DATE: May 23, 2012 AGENDA SECTION: Successor Agency [ITEM: a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director May 11, 2012 APPROVED DEPARTMENT HEAD 11-1 CITY ATTORNEY Q� CITY MANAGER /� Receive and file successor agency payments from April 27, 2012 to May 10, 2012 in the amount of $203,569.59. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2012\ADMIN —SA 05- 23- 12.doc MEETING DATE: May 23, 2012 AGENDA SECTION: Successor Agency ITEM: 10. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L, Kunz, Economic Development Director May 16, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Loan reauthorizations between the City of Bakersfield and the Successor Agency to the former and dissolved Bakersfield Redevelopment Agency, 1) Agreement between the Successor Agency and the City to Re -enter and Restate Reimbursement Agreement #09-128 for two loans from the City to the Redevelopment Agency, 2) Agreement between the Successor Agency and the City to Re -enter and Restate Reimbursement Agreement # 10 -112 from the City to the Redevelopment Agency. RECOMMENDATION: Staff recommends approval of the reimbursement agreements to re -enter and restate the loans, BACKGROUND: The City Council on January 11, 2012, adopted Resolution No. 010 -12 pursuant to a provision of AB1x26, in which the City, became the "Successor Agency" to its dissolved Redevelopment Agency and is now charged with the responsibility of winding up the affairs of the Bakersfield Redevelopment Agency, The process requires the successor Agency to submit to the Oversight Board and State Department of Finance (DOF) a schedule of its outstanding obligations, referred to as the BOPS, The Oversight Board approved a Recognized Obligation Payment Schedule (BOPS) for the period January 1, 2012 through June 30, 2012 at its April 9, 2012 meeting. This adopted schedule was provided to the DOF, the State Controllers' Office and the Kern County Auditor Controllers Office on April 9, 2012, in accordance with the guidelines of AB1 x26. At the time of adoption, the Oversight Board was informed that certain items listed on the schedule were still under review by the DOF. On April 20, 2012, the Successor Agency received the attached correspondence from the DOF challenging certain items listed on the BOPS and requesting the BOPS be amended accordingly and returned to the Oversight Board for reconsideration. S:\Admins \City Council \City Council Admins 2012 \Interagency Loans- Successor Agency (5)- Rev.Doc May 16, 2012 2:31 PM DK ADMINISTRATIVE REPORT Page 2 On May 1, 2012 staff responded to the DOF with the attached correspondence, providing additional details to support our original position on the HUD Section 108 loans and asking for clarification regarding the DOF comments on Housing Set Aside transactions. Staff initially agreed to remove the interagency loans from the BOPS with the understanding that, if pending legislation is approved, the loans would be reinstated on a future BOPS schedule as enforceable obligations, However, further clarification was recently received from communications between the DOF and the League of California Cities regarding procedural appeals of interagency loan agreements. This new information has caused staff to renew our challenge to reconsider the interagency loans as enforceable obligations. As of the date this administrative report was prepared, we have not received any further response or communication from the DOF. We firmly believe the HUD Section 108 loans and interagency loans are, in fact, Enforceable Obligations and we have left them on the amended BOPS. Staff will update the Oversight Board of any further communication received from the DOF up to the date of the Board meeting. The guidance information received from the League also indicated that Health and Safety Code Sections 34178(a) and 34180(h) under ABlx26 allows for a second type of agreement between a successor agency and the city. A successor agency may request approval from its oversight board to re -enter into an agreement with the city that created it and allows an oversight board to approve it. The guidance information also indicates that the Department of Finance hopes to address all of the appeals for items contested on BOPS that were due in April and again in mid - May, no later than May 25, 2012, Staff is hopeful that the contested HUD Section 108 loans and the interagency loans listed above will be approved after review of the additional documentation by DOF, however, it is prudent as a secondary measure to re -enter into new agreements between the Successor Agency and the City for the balance due on these interagency loans, treat them as new agreements and include them on our BOPS in the event we are not successful with our appeal with DOF. Loan Details: A loan was created between the City and the Bakersfield Redevelopment Agency in October 2009 under Agreement # 09 -128 from the City's Equipment Fund in the amount for $2,000,000 for the construction and development of affordable housing for the 19th Street Senior Project. This residential project is an integral part of the Mill Creek Project and the units being created were components for calculation in the amount of the financial award for the Prop1C Infrastructure grant for $10.8 million dollars. The loan has a current principal balance of $1,342,459, with annual payments of $350,000 and the final payment due July 1, 2016. 2. A loan was created between the City and the Bakersfield Redevelopment Agency in October 2009 under Agreement #09 -128 from the City's Self Insurance Fund in the amount of $1,500,000 for the construction and development of the Courtyard Affordable Housing Project, This residential project is an integral part of the Mill Creek Plan and the units being created were components for calculation in the amount of the financial award for the Prop1C Infrastructure grant for $10.8 million dollars. The loan has a current principal S: \Admins \City Council \Clty Council Admins 2012\ Interagency Loans- Successor Agency (5)- Rev.doc 5/16/2012 2:31 PM DK ADMINISTRATIVE REPORT Page 3 balance of $1,122,121, with annual payments of $257,000 and the final payment due December 1, 2016. 3. A loan was created between the City and the Bakersfield Redevelopment Agency in August 2010 under Agreement # 10 -112 from the City's Equipment Fund in the amount of $950,000 for the purchase of a 1.95 linear land strip and easement required for the Chelsea Affordable Housing Development. The 70 unit Chelsea Affordable Family Housing Project located in the South Mill Creek was the "Qualifying Infill Housing Development" necessary to qualify and receive the Propl C Infrastructure grant for $10.8 million dollars. The project is complete, Silver Leed certified and 100% occupied. The loan has a current principal balance of $760,000, with annual payments of $204,25.0 and the final payment due August 20, 2015. Staff requests approval of the new reimbursement agreements for the three loans, as described above. S: \Admins \City Council \City Council Admins 2012\ Interagency Loans- Successor Agency (5)- Rev.doc 5/16/2012 2:31 PM DK GG BAKE Ql y�pRPOR,Tpe is ADMINISTRATIVE REPORT Ry I,® cALIFO MEETING DATE: May 23, 2012 AGENDA SECTION: Reports ITEM: (?j,a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: May 14, 2012 SUBJECT: Department Budget Presentations 1. Police Department 2. Fire Department DEPARTMENT HEAD. CITY ATTORNEY, CITY MANAGER APPROVED BACKGROUND: Police Department and Fire Department 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:al 5/14/12 S: \12- 13BUDPRO \Budget Admins, Resos \Budget Presentation 05.23.12 - PD, FD.docx BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 9, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ROLL CALL Present: Mayor Hall, Vice -Mayor Couch, Councilmembers Salas, Benham, Weir, Hanson, Sullivan Johnson Absent: None City Clerk Gafford announced staff has requested that Consent Calendar Item 8.x. be pulled from the Agenda. 2. INVOCATION by Senior Pastor Kent Peterson, Olive Knolls Church. 3. PLEDGE OF ALLEGIANCE by Grant Trembush, 6th grade student at Stockdale Christian School. Mayor Hall acknowledged the students from the CSUB Communications class and the Ridgeview High School Government class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Chuck Waide, declaring May 6-12,2012, Public Service Recognition Week. Guy Bowers, with the City of Bakersfield Public Works Department, accepted the Proclamation and made comments. b. Presentation by Mayor Hall of a Proclamation to Omar Macias, declaring May, 2012, Motorcycle Awareness Month. Mr. Macias accepted the Proclamation and made comments. ACTION TAKEN Bakersfield, California, May 9, 2012 — Page 2 4. PRESENTATIONS continued ACTION TAKEN 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. Mr. Griffin accepted the Proclamation and made comments. Mayor Hall acknowledged Boy Scout Troop 47 in attendance at the meeting and thanked them for providing the fill -in for the Pledge of Allegiance. 5. PUBLIC STATEMENTS a. Convention and Visitors Bureau Manager Lyman spoke regarding the Amgen Tour of California, taking place on Thursday, May 17th, acknowledged the efforts of all those responsible for bringing this event back to Bakersfield, and invited everyone to come out to the event at Bakersfield College. b. Jay Rosenlieb, with the Bakersfield Sports Foundation, spoke regarding the Amgen Tour of California. C. Bob Smith, with Bike Bakersfield, spoke regarding Bike Month. 6. WORKSHOPS a. Presentation of the Proposed FY 2012 -13 Budget. City Manager Tandy made staff comments and provided a PowerPoint presentation. Administrative Analyst Huot presented the financial overview and provided a PowerPoint presentation. City Manager Tandy made additional comments. In response to a question by Vice -Mayor Couch, City Manager Tandy advised that staff is exploring its options regarding alternative means for providing animal control services and expect to report back to Council in the next few months. Vice Mayor Couch asked staff to provide a breakdown of the resurfacing projects. Bakersfield, California, May 9, 2012 — Page 3 7. APPOINTMENTS ACTION TAKEN 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. City Clerk Gafford announced one application was received from Susan Stussy. Mayor Hall nominated Susan Stussy. Motion by Vice -Mayor Couch to appoint Susan Stussy APPROVED as an Alternate Member on the Keep Bakersfield Beautiful Committee, to fill the unexpired term which expires in January, 2013. 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. Ordinances: C. Adoption of the following Ordinances (FR 04118112): Ordinance Amending Section 1.01.010 ORD 4665 relating to change in Bakersfield Municipal Code publisher. 2. Ordinance Amending Section 2.28.040 ORD 4666 relating to elimination of mandatory Planning Commission Meetings. 3. Ordinance Amending Section 2.28.090 ORD 4667 relating to Board Appointments to Board of Zoning Adjustment. 4. Ordinance Amending Section 2.72.250, ORD 4668 Subsection F, relating to mandatory retirement ages. 8. Bakersfield, California, May 9, 2012 — Page 4 CONSENT CALENDAR continued ACTION TAKEN Item 8.c. continued 5. Ordinance Amending Section 2.84.050 ORD 4669 relating to elimination of outdated incentive credit for solid waste employees. 6. Ordinance Amending Section 2.88.020, ORD 4670 Subsection A, relating to salaries while absent due to injury related to employee's course of duties. 7. Ordinance Amending Section 8.32.020 ORD 4671 relating to refuse /solid waste /recycling definitions. 8. Ordinance Amending Section 8.32.060, ORD 4672 Subsection B, relating to refuse /solid waste /recycling collection of charges. 9. Ordinance Amending Section 8.44.070 ORD 4673 relating to penalties for fireworks violations. 10. Ordinance Amending Section 15.66.030, ORD 4674 Subsection C, relating to conditional use permits for oil wells. 11. Ordinance Amending Section 15.84.055 ORD 4675 relating to reduction or waiver for Low - Income Housing Projects. 12. Ordinance Deleting Section 16.16.1 10 ORD 4676 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 ORD 4677 relating to security for improvement agreements. 14. Ordinance Amending Section 16.32.040 ORD 4678 relating to amount of security for improvement agreements. 15. Ordinance Amending Section 17.04.545 ORD 4679 relating to setbacks. 16. Ordinance Amending Section 17.08.130 ORD 4680 relating to accessory buildings and structures. 8. Bakersfield, California, May 9, 2012 - Page 5 CONSENT CALENDAR continued Item 8.c. continued 17. Ordinance Amending Section 17.64.060, Subsection F, relating to conditional use permits - termination of rights. 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. 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 7'h 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. g. Amendment Not. to Resolution No. 069 -11, adopting for the Hooper Avenue and Kimberly Avenue Planned Sewer Area and making findings relative thereto. 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: 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.) ACTION TAKEN ORD 4681 RES 032 -12 RES 033 -12 RES 034 -12 REMOVED FOR SEPARATE CONSIDERATION ROI 1710 AGR 12 -054 Bakersfield, California, May 9, 2012 — Page 6 8. CONSENT CALENDAR continued ACTION TAKEN 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. 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.) 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. 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. 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). AGR 12 -055 REMOVED FOR SEPARATE CONSIDERATION AGR 12 -057 AGR 12 -058 AGR 12 -059 AGR 10- 086(1) AGR 10- 087(1) AGR 10- 088(1) 8. Bakersfield, California, May 9, 2012 — Page 7 CONSENT CALENDAR continued ACTION TAKEN p. Amendment No. 2 to Agreement 07 -222 with AGR 07- 222(2) 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 AGR 09 -076 Agreement No. 09 -076 with Security Paving CCO24, CC032 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. Accept bid from Lehr Auto Electric ($186,646.88) for fifty Panasonic Toughbook laptops for various City departments. S. Accept bid and approve contract with Courts AGR 12 -060 and Greens ($78,151) for the Tennis Courts Resurfacing Project -2012. t. Accept bid and approve contract with AGR 12 -061 Bowman Asphalt, Inc. (not to exceed $1,000,000), for the annual contract to provide and apply asphalt rejuvenator and sealant. U. Masonry Block Wall Project at Fire Station No. 1: 1. Accept bid and approve contract AGR 12 -062 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. V. Accept bid and approve contract with Elite AGR 12 -063 Painting & Wallcovering, Inc. ($44,950), for repainting the Bright House Networks Amphitheatre. W. Construction on State Route 184 at Bedford Green Drive: 1. Accept bid and approve contract AGR 12 -064 with Granite Construction Company ($785,570) for the project. Bakersfield, California, May 9, 2012 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.w. continued 2. Appropriate $943,000 Caltrans share of project to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund. X. State Farm Sports Village - Phase 2 Project: REMOVED BY STAFF 1. 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 1 1 -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. bb. Amendment No. 2 to Agreement No. 08 -044 AGR 08- 044(2) 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. Bakersfield, California, May 9, 2012 — Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Vice -Mayor Couch announced that Councilmember Johnson had asked that item 8.k. be removed for separate consideration. Vice -Mayor Couch asked that item 8.g. be removed for separate consideration. Motion by Vice -Mayor Couch to adopt Consent Calendar items 8.a. through 8.bb., with the deletion of item 8.x., and the removal of items 8.g. and 8.k. for separate consideration. g. Amendment Not. to Resolution No. 069 -11, adopting for the Hooper Avenue and Kimberly Avenue Planned Sewer Area and making findings relative thereto. At the request of Vice -Mayor Couch, City Manager Tandy provided clarification on this item. Motion by Vice -Mayor Couch to adopt Consent Calendar item 8.g. 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.) Councilmember Johnson proposed that, instead of a four -year contract with the Segal Company, to have a one -year contract with an option for another year, then an option for another year, and an option for another year, to get to the 4 years. Councilmember Hanson indicated he is comfortable with the recommendation of the Personnel Committee. Councilmember Benham announced she would abstain due to conflict of interest, possible source of income to her employer, on item 8.k. In response to a question by Councilmember Johnson, City Manager Tandy advised that in a normal time it would take three months to do an RFP; and if we were on an accelerated schedule, it could probably be done in six weeks. APPROVED RES 069 -11(1) APPROVED AGR 12 -056 8. 9. Bakersfield, California, May 9, 2012 — Page 10 CONSENT CALENDAR continued ACTION TAKEN Item 8.k. continued Motion by Councllmember Johnson to approve the APPROVED NOES WEIR, agreement with a three-year renewal, as In the last 9 Y HANSON,SULLIVAN contract, with a one -year option similar to the ABS BENHAM agreement passed in 2008. MAYOR VOTED AYE Due to tie vote, Mayor Hall voted. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Resolution ordering RES 035 -12 the vacation of Eye Street between 8t" & 9t" streets and attached alleys. (Staff recommends adoption of resolution.) b. Public Hearing to consider Resolution ordering RES 036 -12 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.) Consent Calendar Public Hearings opened at 6:28 p.m. No one spoke. Consent Calendar Public Hearings closed at 6:29 p.m. Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar Public Hearings items 9.a. and 9.b. 10. HEARINGS None. 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). Motion by Vice -Mayor Couch to adjourn to Closed APPROVED Session at 6:30 p.m. Motion by Councllmember Weir to adjourn from APPROVED Closed Session at 8:12 p.m. RECONVENED MEETING AT 8:18 p.m. 12. 13. Bakersfield, California, May 9, 2012 — Page 11 CLOSED SESSION ACTION ACTION TAKEN a. Conference with Legal Counsel - Potential NO REPORTABLE Litigation; Closed Session pursuant to subdivision ACTION (b) (3) (A) of Government Code Section 54956.9 (four matters). REPORTS a. Department Budget Presentations: 1. General Government Administrative Analyst Huot made staff comments and provided a PowerPoint presentation. Councilmember Johnson requested that copies of the PowerPoint presentations be provided to the Council. Administrative Analyst Huot advised that the PowerPoints will also be available on the City's website as of tomorrow. 2. Financial Services Finance Director Smith made staff comments and provided a PowerPoint presentation. Councilmember Weir requested that an estimated cost of the 38 new positions be provided to the Council. 14. DEFERRED BUSINESS None. 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) . Economic Development Director Kunz made staff comments and introduced Associate Planner Ryan Bland, who is the Program Manager for the Block Grant Program. 15. Bakersfield, California, May 9, 2012 — Page 12 NEW BUSINESS continued ACTION TAKEN Item 15.a. continued Motion by Councilmember Johnson to accept the APPROVED report, and authorize the City Manager to execute the necessary HUD documents required to submit the Annual Action Plan. b. Accept bid and approve contract with DOD AGR 12 -065 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. Economic Development Director Kunz made staff comments and recommended acceptance of the bid and approval of the contract with DOD Construction. Motion by Councilmember Benham to accept the bid APPROVED and approve the agreement. NOES JOHNSON 16. COUNCIL AND MAYOR STATEMENTS Councilmember Sullivan advised that she has received several phone calls regarding an unreasonable number of cats in a certain neighborhood, and she requested that this matter be referred to the Legislative and Litigation Committee to review the existing ordinance regarding the maximum number of cats per household. Councilmember Hanson expressed his concern about the block walls on the east side of Gosford Road between Ming Avenue and Stockdale Highway that look like they are going to crumble in the near future because of water damage. Councilmember Salas thanked Recreation and Parks for working on the shade structures at Stiern Park. Councilmember Solas advised that he has been approached by several groups about the capacity for soccer fields at various parks, and he would like staff to get back to him regarding incorporating this topic in the Recreation and Parks budget presentation. Bakersfield, California, May 9, 2012 — Page 13 17. ADJOURNMENT Mayor Hall adjourned the meeting at 8:45 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