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06/27/12_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JUNE 27, 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 Tour6 Tyler, The Cross Christian Church. 3. PLEDGE OF ALLEGIANCE by Cullen Loyd, 51h grade student at Standard Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of certificates honoring Kern High School District's 2012 First in Class Students in the Greater Bakersfield area. b. Presentation by Mayor Hall of a Certificate of Appreciation to Dionne Dalzell acknowledging her selection as the Yard of the Quarter recipient. C. Presentation by Mayor Hall of Proclamation to Dianne Hoover, Recreation & Parks Director, proclaiming July, 2012, Recreation & Parks Month. 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 6, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from May 25, 2012 to June 14, 2012 in the amount of $20,252,122.87 and self- insurance payments from May 25, 2012 to June 14, 2012 in the amount of $372,032.96, totaling $20,624,155.83. Ordinances: (Ward 1) C. First Reading of an Ordinance amending Municipal Code Section 1. 12.010 by adding Annexation No. 629 located at the southwest corner of Wilson Road and South Union Avenue to Ward 1. Resolutions: d. Resolutions Setting Salaries and Related Benefits: Resolution approving the Memorandum of Understanding Setting Salaries and Related Benefits for the Firefighters and Engineers Unit of the Fire Department. 2. Resolution approving the Memorandum of Understanding Setting Salaries and Related Benefits for the Fire Supervisory Unit of the Fire Department. 8. CONSENT CALENDAR continued e. Resolution Setting Salaries and Related Benefits for Officers and Employees of the General Supervisory, Police Supervisory and ManagemeRt Units. Resolution in opposition to AB1779 (Galgiani) regarding intercity rail agreements. (Wards 2,4,5 &6) g. Resolution calling and giving notice of holding a General Municipal Election for the election of Councilmembers for Wards 2, 5 & 6, calling a Special Election for the Election of Councilmember for Ward 4 and requesting consolidation with the County of Kern State -wide General Election to be held on Tuesday, November 6, 2012. h. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Ward 63) i. Resolution adopting a policy establishing standards for development of Taff Highway (State Route 119). Delinquent refuse and sewer charges on FY2012 -13 property tax rolls: 1. Resolution providing for the collection of delinquent refuses fees by the Kern County Auditor - Controller's Office. 2. Resolution providing for the collection of delinquent sewer fees by the Kern County Auditor - Controller's Office. k. Resolution authorizing the Police Department to accept funding ($88,740) made available through the Grant Assistance Program (GAP) of the California Department of Alcoholic Beverage Control (ABC). (Ward 4) I. Sewer connection and construction fee assessments: Resolution confirming assessments for sewer connection and construction fees and authorizing the collection of assessments by the Kern County Tax Collector, 2. Agreements with the property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector: a. Richard L. Stone and Susan P. Stone, 7401 Hooper Avenue. b. Claude E. Rankin and Brenda K. Rankin, 7809 Hooper Avenue. (Ward 6) M. Resolution of Intention No. 1716 to add territory, Area 3 -84 (5101 Woodmere Drive) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. (Ward 3) n. Resolution of Intention No. 1711 to order the vacation of portions of the public utility easements as created with Tract Map 6444, Phase 2, lots 11, 20, 104, 107, 151, 197, 204, 205, and 212, located in The Seasons Development, bordered by Paladino Drive to the north and Panorama Drive to the south. 2 City Council Meeting of 06/27/2012 8. CONSENT CALENDAR continued Agreements: o. Contracts for outside legal services: 1. Agreement with Clifford and Brown, ($75,000) for General Miscellaneous Issues. 2. Agreement with Clifford and Brown, ($75,000) for General Personnel Issues. P. Street Utility Cut Guarantee Agreement with TW Telecom, Inc., which guarantees the quality of utility company's work in repairing and replacing the street after cutting existing roadway to lay utility lines. (Ward 3) q. Agreement with Edwin W. Wilson Family Trust ($153,000) to purchase real property located at the southeast and northeast corner of Morning Drive and Panorama Drive for Morning Drive Interchange Project. (TRIP) r. Amendments to agreements regarding Animal Control: 1. Amendment No. 3 to Agreement No. 09 -081 with the County of Kern ($107,802; revised not to exceed $1,105,012 and extends term through October 21, 2012) for animal care services. 2. Amendment No. 2 to Agreement No. 78 -146 with the County of Kern revising the terms and conditions of the lease for real property located at 201 South Mount Vernon Avenue. S. Homelessness Prevention Services and Rapid Re- Housing Services (HPRP): Amendment No. 4 to Agreement No. 09 -126 with Bethany Services/ Bakersfield Homeless Center to allow the reallocation of Homelessness Prevention funds of $24,015.54 from the Stabilization line item and $19,308.47 from Data Collection to Financial Assistance line item. (Ward 2) t. Agreement with The Meo Group, Inc. (not to exceed $322,830), for HOME Investment Partnership (HOME) funds, to construct and develop 67 affordable multi - family units at 519 19th Street - 19th Street Seniors. U. Contract for Industrial Laundry Service: 1. Rescind contract with Prudential Overall Supply ($420,000) for industrial laundry service. 2. Accept bid and approve contract with Aramark Uniform & Career Apparel, LLC (not to exceed $525,000), for three years of service. 3. Approve Amendment No. 6 to Agreement No. 06 -219 with Ameripride Uniform Services (extending term an additional 28 days to August 16, 2012) for continuance of providing service. (Ward 1) V. Amendment No. 1 to Agreement No. 10 -085 with A -C Electric Company, (no increase; extends term an additional 120 days) for electrical services at the Mount Vernon Greenwaste Recycling Facility. 3 City Council Meeting of 06/27/2012 8. (Ward 3) (Ward 2,4,5) (Ward 1) (Ward 6) CONSENT CALENDAR continued W. Amendment No. 3 to Agreement No. 10 -107 with Kern Sprinkler Landscaping, Inc. ($240,000; revised not to exceed $594,648.25 and extends term 1 year), to continue the supply of landscape and irrigation services. X. Contract Change Order Nos. 2 and 3 to Agreement No. 11 -091 with Raminha Construction ($201,763.80; revised not to exceed $3,584,391.30) for the Bakersfield City Sanitary Landfill Closure Project. Y, Contract Change Order No, 28 to Agreement No. 09 -076 with Security Paving Company, Inc. ($16,703.28; revised not to exceed $87,392,830.35), for the construction of the Westside Parkway Phase 2 Project. (TRIP) Z. Contract Change Order No. 30 to Agreement No. 11 -035 with GSE Construction, Inc. ($38,549; revised not to exceed $5,218,049), for the Wastewater Treatment Plant 2 Septage /Grease Receiving Station and Odor Control Project. Bids: aa. Accept bid from Jim Burke Ford, ($40,989.94) for two replacement four wheel drive 1/2 ton pickups for Water Resources and Public Works, Solid Waste Division. bb. Accept bid and approve annual contract with Loop Electric Inc. (not to exceed $359,760), for Vehicle Loop Cutting. cc. Accept bid and approve contract with Bowman Asphalt, Inc. ($2,988,369.30), for the Taff Highway (SRI 19) Widening Improvements Project from Gosford Road to Ashe Road. Miscellaneous: (Ward 4) dd. Final Tract Map with Castle & Cooke California, Inc., for Tract 7202 Phase 1 located west of Renfro Road and south of Stockdale Highway. (Ward 1,7) ee. Appropriate $138,000 Transportation Development Act Article 3 Grant funds to the Public Works Department's Capital Improvement Budget within the Bikeway and Pedestrian Pathway fund for marking bike lanes on existing streets within the City at three sites. ff. Electronic Communications: 1. Implementation of an Employee Training Program 2. Modification of the E -Mail Auto Deletion Procedure (Ward 2,3) gg. Budgetary actions regarding 24th and Oak Street Intersection Improvements, 24th Street Widening and SR 178 at Morning Drive projects: (TRIP) 1. Appropriate $1,991,925 in Federal SAFETEA -LU funding to the Capital Improvement budget within the TRIP Federal /State fund for the projects. 2. Appropriate and transfer $258,075 Transportation Development fund balance to the TRIP Local Match fund for local match requirements associated with the projects. 4 City Council Meeting of 06/27/2012 8. CONSENT CALENDAR continued (Ward 4) hh. Budgetary Actions regarding Westside Parkway Phase 6A: (TRIP) Appropriate $376,000 in Other Agency Share funds from the Kern County Water Agency to the Public Works Capital Improvement Budget within the Capital Outlay Utility /Roads fund for work on Westside Parkway project KCWA6A. 2. Appropriate $30,436 in Other Agency Share funds from Southern California Gas Company to the Public Works Capital Improvement Budget within the Capital Outlay Utility /Roads fund for work on Westside Parkway project SCGC6A. SUCCESSOR AGENCY BUSINESS ii. Receive and file Successor Agency payments from May 25, 2012 to June 14, 2012 in the amount of $964,667.44. Staff recommends adoption of Consent Calendar items 8.a. through 8. ii. 9. CONSENT CALENDAR PUBLIC HEARINGS (Word 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 and Morning Drive (APN # 434 - 010 -66) by eminent domain for the new Morning Drive and State Routel78 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) (Word 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 and Morning Drive (APN #434 - 010 -06) 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 and Morning Drive (APN #531-011-21, formerly APN #531-010-55) by eminent domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) (Word 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 and Morning Drive (APN # 533 - 012 -39) 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 # 531 - 011 -06, formerly APN # 531 - 010 -25) by eminent domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP) (Staff recommends adoption of Resolution.) 10. HEARINGS 11. REPORTS 5 City Council Meeting of 06/27/2012 12. DEFERRED BUSINESS a. Fiscal Year 2012 -13 Budget: 1. Resolution approving and adopting the City's Operating and Capital Improvement Budgets, as amended. 2. Resolution establishing the City's appropriations limit. Staff recommends adoption of resolutions. 13. NEW BUSINESS 14. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9 (Three matters). RECESS TO CLOSED SESSION 15. CLOSED SESSION ACTION 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT 6/21/12 2:00pm Respectfully submitted, iZnTandvy City Manager 6 City Council Meeting of 06/27/2012 AGENDA HIGHLIGHTS June 27, 2012 City Council Meeting Items 8d. and 8e. Salaries and Benefits for Firefighters, Fire Supervisory. General Supervisory, Police Supervisory and Management Units. The current agreement with the Bakersfield Firefighters Labor Organization, Local 246 (BFLO) expires on June 30, 2012. After recent negotiations, a new Memorandum of Understanding (MOU) was tentatively agreed to, which provides for a term from July 1, 2012 through June 30, 2013, and a 3% increase effective July 2, 2012. In addition, minimal language changes were agreed upon to reflect current practices. The salary increase is consistent with the increase that will be provided by contract to Blue and White Collar (SEIU) employees effective July 2, 2012 (2%); however, an additional 1% is included in an effort to modestly account for the significant gap between salary increases for these employees over the last several years. The Management and Supervisory Units' Resolution has traditionally mirrored the settlements for the employees in the Blue and White Unit. In 2008, all unions were offered three years at 4% per year, for a total of 12%. The first two 4% raises were received. The final 4% was delayed by Blue and White, and Management and Supervisory until such a time as the economy would improve, and then it would be divided into two -2% increments. Employees in the Blue and White, and Management and Supervisory Units received the first 2% in January 2012. The second 2% will be granted to Blue and White Collar employees on July 2, 2012. The action on this agenda will approve the same 2% increase for the Management and Supervisory Units on July 2, 2012. Effective September 27, 2011, and at their request, the Police Sergeants Unit became a non - represented unit covered under the Management and Supervisory Resolution, as they had been prior to 2005. Between 2005 and 2011, they were represented by BPOA; and- as that Unit has still not reached an agreement, the Sergeants' last salary adjustment came in March of 2007. As a result, they are being offered the some 2% as the Management and Supervisory Unit, with an additional 1 %, in an effort to modestly account for the significant gap between salary increases for these employees. The term of this agreement is the same as that for the Firefighters and Fire Supervisory Units. Item 8f. AB 1779. After significant review, staff is recommending that Council oppose the legislation by way of resolution. If the bill passes, it will allow for the transfer of all responsibility for administering the San Joaquin intercity passenger rail service (Amtrak) from the Department of Transportation to a newly formed joint powers authority. The authority would be comprised of 11 members from various districts, commissions and COGs, who represent the area between Bakersfield and Sacramento. However, the board can still be created if only six of those agencies appoint a representative, which could potentially result in a JPA being established and controlled by agencies in the northern part of the San Joaquin Valley and Bay Area, regardless of the position taken by those in the southern portion of the Valley. Additionally, the bill calls for a three - year commitment to maintain current level funding, which is theoretically meant to protect existing Valley Amtrak service._. Staff believes the reality is that the new JPA would be hesitant to maintain and expand service in the San Joaquin Corridor under this condition, since there is always the possibility that the state may decide to cut funding after the three years has expired. Hem Sr. Animal Control. There are two amendments associated with this item that will provide for the continuation of the current relationship between the City and County until October 21, 2012, when the County plans to relocate its operation. These amendments also provide for the future transition of the Mount Vernon Shelter to the City. Items 9a. — 9e. SR 178 /Morning Drive Interchange Project - Progerty 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 second in 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 12a. Operating and Capital Improvement Budgets. and Appropriations Limit. This item includes the consideration of two separate resolutions: 1) adopting the Operating and Capital Improvement Budget, as amended; and, 2) establishing the Appropriations Limit. The amended Operating Budget reflects changes from the information originally presented to Council that are the result of the lower than anticipated sales tax revenues, and the unexpected termination of the animal control shelter land lease by the County of Kern and the City's subsequent responsibility to solely oversee animal control operations within the City limits. There will be a conference with the Labor Negotiator and a conference with legal counsel regarding three matters of potential litigation. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - June 27, 2012 Council Meeting Page 2 MEETING DATE: June 27, 2012 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEA DATE: June 15, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of certificates honoring Kern High School Istri t's, 2012 First in Class Students, from high schools in the Greater Bakersfield area. RECOMMENDATION: BACKGROUND: krt June 15, 2012, 11:39AM W:WIAYOR\ADMIN\2012 \FIRST IN CLASS 2012.docx MEETING DATE: June 27, 2012 AGENDA SECTION: Presentations ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall APPROVED DEPARTMENT HEA June 15, 2012 CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of a Certificate of Appreciation to Dionne Dalze I acknowledging her selection as the Yard of the Quarter recipient. RECOMMENDATION: BACKGROUND: krt MEETING DATE: June 27, 2012 AGENDA SECTION: Presentations ITEM: r, TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: June 15, 2012 SUBJECT: APPROVED DEPARTMENT HEA CITY ATTORNEY _ CITY MANAG Presentation by Mayor Hall of Proclamation to Dianne Hoover, Re6gatioq and Parks Director, City of Bakersfield, proclaiming July, 2012, as "Recreation an Parks Month." RECOMMENDATION: BACKGROUND: ndw June 15, 2012, 11:36AM W:\MAYMADMIM2012\RECREATION AND PARKS MONTH.docx MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: 11 - TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD 4r DATE: June 14, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the June 6, 2012 Regular City Council Meeting RECOMMENDATION: Staff recommends approval. BACKGROUND: rMs \ 1111jj11V iiii l ADMINISTRATIVE REPORT Y llllllll 11 MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: $b. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: June 14, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file department payments from May 25, 2012 to June 14, W2 in the amount of $20,252,122.87, Self Insurance payments from May 25, 2012 to June 14, 2012 in the amount of $372,032.96, totaling $20,624,155.83 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: June 14, 2012, 3:23PM SAKim GWDMIN \COUNCIL - ADMIN- AP- 2012WDMIN —AP 062712.doc MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: S.C. TO: Honorable Mayor and City Council APPROVED FROM: Jim Eggert, Planning Director DEPARTMENT HEAD DATE: June 4, 2012 CITY ATTORNEY kV CITY MANAGER SUBJECT: First reading of an ordinance amending Bakersfield Municipal Coe Lction 1.12.010 by adding Annexation No. 629 located at the southwest corner of Wilson Road and South Union Avenue to Ward 1. (Ward 1) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexation 629 into the corresponding Council ward. This annexation was recently approved by LAFCo. Annexation No. 629 consists of a towing business and seven residential housing units (rentals), and is located at the southwest corner of Wilson Road and South Union Avenue. The annexation was initiated by the property owners, Phillip & Crista Dotson to include Golden Empire Towing Company into the city limits. The residential property is owned by Vincent Saldias & Elizabeth Crandell. During the creation of the map it was determined that the city should include the full right of way of Wilson Road between the existing city boundary and Union Avenue. In doing so, it was necessary to include the residential parcel into this annexation to provide a logical boundary. LAFCo held a protest hearing on February 21, 2012. No persons attended the hearing and no correspondence was received in favor or against the annexation. This area will be included into Ward 1. JE:dc S: \Annexation \Ordinances \2012 \Admin Draft 6 -27 629.doc F A Q �� roar ADMINISTRATIVE REPORT LI 0 MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: I.A. TO: Honorable Mayor and City Council APPROVED FROM: Christi Tenter, Human Resources Manager �'� DEPARTMENT HEAD DATE: June 19, 2012 CITY kTTORNEY G CITY MANAGER SUBJECT: 1. Resolution Approving the Memorandum of Understanding Setting Salaries and Related Benefits for the Firefighters and Engineers Unit of the Fire Department of the City of Bakersfield. 2. Resolution Approving the Memorandum of Understanding Setting Salaries and Benefits for the Fire Supervisory Unit of the Fire Department of the City of Bakersfield. RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: The City's current agreement with the Bakersfield Firefighters Labor Organization, Local 246 (BFLO) expires on June 30, 2012. Recently, negotiations between the City and BFLO were concluded with both sides tentatively agreeing to a new Memorandum of Understanding (MOU). It should be noted that the current leadership of BFLO has continued to work with the City by demonstrating a spirit of cooperation and understanding of the City's current financial position. This reality provided for open and honest discussions by which the City and BFLO were able to come to an agreement on a new one year MOU, terms of which are highlighted below: • Term: from July 1, 2012 through June 30, 2013 • Salary Increase: 3% effective July 2, 2012 In addition to the items above, minimal language changes were agreed upon to reflect current practices. The salary increase included in this MOU is consistent with the salary increase that will be provided by contract to Blue & White Collar (SEIU) employees effective July 2, 2012 (2 %). In addition, BFLO members will receive an additional 1% increase, effective July 2, 2012. The 1% increase is an effort to modestly account for the significant gap between salary increases for these employees over the last several years. It should be noted that with the approval of this MOU, the City will be under contract with all employees except those represented by the Bakersfield Police Officers Association. CT B ASK ADMINISTRATIVE REPORT a MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: 3.#,, TO: Honorable Mayor and City Council APPROVED FROM: DATE: SUBJECT: Christi Tenter, Human Resources Manager June 19, 2012 DEPARTMENT HEAD CITY ATTORNEY_ '/a CITY MANAGER Resolution Setting Salaries and Related Benefits for Officers and Em pl yees of the General Supervisory, Police Supervisory and Management Units. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Traditionally, the Management and Supervisory Units' Resolution has mirrored the settlements provided for in the Memorandum of Understanding (MOU) between the City and SEIU Local 521. This was the case as of the last MOU approved by the City and SEIU in 2008. Since that time, and due to budget constraints brought on by a severely declining economy, SEIU postponed a 4% Cost of Living Adjustment (COLA) which was due in December of 2009. In exchange for an extension of the term of the SEIU MOU, SEIU agreed to break up the 4% COLA and have it applied based on the schedule below: • 2% COLA increase effective December 19, 2011 2% COLA increase effective July 2, 2012 This action allowed the City to postpone the third and final COLA increase due SEIU through the provisions of their existing MOU and avoid further reductions in staffing. Just prior to this action by SEIU, the Management and Supervisory Units took similar action to forgo the third and final 4% COLA increase, again, due to the economic conditions present at the time. This action assisted the City in dealing with the negative impacts associated with an unprecedented decline in revenues. With recent positive trends in revenue streams, the City was able to provide the members of the Management and Supervisory Units with the first 2% COLA increase, which was effective December 19, 2011. It was determined earlier this year, consistent with bargaining guidelines, that extending the second 2% COLA, due on July 2, 2012, to the Management and Supervisory Units was appropriate. This Resolution will provide for the second and final 2% COLA adjustment for the Management and Supervisory Units effective July 2, 2012, consistent with terms of the current SEIU MOU. ADMINISTRATIVE REPORT Effective September 27, 2011, and at their request, the Police Sergeants Unit was removed from being represented by the Bakersfield Police Officers Association (BPOA). As a result of this action, The Police Sergeants Unit has now been placed back as a non - represented unit covered under the Management and Supervisory Resolution, as was the case prior to 2005. Since the police sergeants were covered under the MOU between the City and BPOA since 2005, their last salary adjustment came in March of 2007. As a result, an additional 1 % increase is being proposed for this classification, in an effort to modestly account for the significant gap between salary increases for these employees. The following is a summary of matters of importance that are being presented for approval: 1. Term from July 1, 2012 through June 30, 2013. 2. Salary increase of 2% for all Management, General Supervisory and Police Supervisory employees effective July 2, 2012. 3. Salary increase of an additional I% for Police Supervisory (Police Sergeants) effective July 2, 2012. Staff has met with members of all groups and all are agreeable and appreciative of the recognition and contents of the resolution being set forth today. CT MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: 8. P: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager DEPARTMENT HEAD June 14, 2012 CITY ATTORNEY CITY MANAGER Resolution in opposition to AB 1779 (Galgiani) - Intercity Rail Agreements. RECOMMENDATION: Staff recommends Council approval. BACKGROUND: During the April 18, 2012 City Council Meeting, members of the Save Bakersfield group asked the City Council to review and Oppose AB 1779 (Galgiani). The group felt that this legislation would facilitate movement of the current Amtrak service in the San Joaquin Valley to the Initial Construction Segment of the High Speed Rail Project. Additionally, there was great concern that if this occurred, Amtrak service in the San Joaquin Valley could be altered and current stops could be eliminated. As a result of this request and at the direction of the Council, staff has thoroughly reviewed AB 1779, and is recommending the City approve the attached Resolution opposing this legislation. There are three Intercity Passenger Rail Corridors in California: • The Capital Corridor - Auburn to San Jose • The Pacific Surfliners - San Luis Obispo to San Diego • The San Joaquins - Bakersfield to Sacramento /Oakland AB 1779 is permissive legislation, in that if it is approved, it will allow for the transfer of all responsibility for administering the San Joaquin intercity passenger rail service from the Department of Transportation to a newly formed joint powers authority. The legislation requires that if authorized by the Secretary of Business, Transportation and Housing, the interagency transfer agreement between the Department of Transportation and the newly formed joint powers authority shall be executed on or before December 31, 2013. The bill provides for the establishment of the San Joaquin Joint Powers Authority Board (an 11- member ST Page 1 1001 .12012VIDMITU. z I . One member of the board of directors of the Sacramento Regional Transit District; 2. One member of the board of directors of the San Joaquin Regional Rail Commission; 3. One member of the board of directors of the Stanislaus Council of Governments; 4. One member of the board of directors of the Merced County Association of Governments; 5. One member of the board of directors of the Madera County Transportation Commission; 6. One member of the board of directors of the Fresno Council of Governments; 7. One member of the board of directors of the Kings County Association of Governments; 8. One member of the board of directors of the Tulare County Association of Governments; 9. One member of the board of directors of the Kern Council of Governments; 10. One member of the board of directors of a regional transportation agency or rail transit operator that serves Contra Costa County; 11. One member of a regional transportation agency or rail transit operator that serves Alameda County. AB 1779 includes the following language: For not less than a three -year period, the level of state funding for intercity Rail service in each corridor should be maintained at a level equal to at least the current level of service in the corridor, thus providing fiscal stability that will allow appropriate planning and operation of these services. AB 1779 also includes language stating that it is the intent of the Legislature that the San Joaquin Joint Powers Authority protect existing services and facilities, and seek to expand service as warranted by ridership and available revenue. Supporters of this legislation point out that the Capital Corridor has operated under administrative oversight of the Capital Corridor Joint Powers Authority ( CCJPA) since 1996. The CCJPA has successfully managed the Capital Corridor between Auburn and San Jose, and has increased service in the corridor since that time. Supporters also point out that there is separate legislation that would allow for regional governance of the Pacific Surfliners pending in the legislature (SB 1225). Staff Concerns: After reviewing AB 1779 and after several meetings with representatives of the San Joaquin Regional Rail Commission (sponsors of the legislation), staff has several concerns with AB 1779: • Transferring administrative responsibility of the San Joaquin intercity rail service from the state to a newly established JPA concerns staff for several reasons. Currently the state Department of Transportation is responsible for oversight and funding for rail service in the San Joaquin Corridor. Establishing a new regional governing body creates a new 11- ST Page 2 member bureaucracy that represents areas from Bakersfield to Sacramento and between. Staff does not feel that this is regional governance. With only a three -year commitment to maintain funding, staff feels that there exists great potential financial liability for the new JPA to maintain and expand service in the San Joaquin Corridor, especially if the state decides to cut funding in year four. The current legislation allows for the creation of the San Joaquin Joint Powers Authority Board when only 6 out of the 11 member agencies appoint a representative. This can result in a JPA being established and controlled by agencies in the northern part of the San Joaquin Valley and Bay Area regardless of the position of those in the southern portion of the San Joaquin Valley. As a result of the concerns stated above, staff is recommending that the City Council approve the attached Resolution opposing AB 1779. ST Page 3 MEETING DATE: June 27, 2012 AGENDA SECTION: CONSENT CALENDAR ITEM: Jr. TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford City Clerk DEPARTMENT HEAD it g4rl,,�' DATE: June 15, 2012 CITY ATTORNEY ✓ CITY MANAGER SUBJECT: Resolution calling and giving notice of holding a General Municipal Electio or a election of Councilmembers for Wards 2, 5 & 6, calling a Special Election for the Election of Councilmember for Ward 4 and requesting consolidation with the County of Kern State- wide General Election to be held on Tuesday, November 6, 2012. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: This resolution calls for the General Municipal Election, a Special Election and requests consolidation with Kern County Elections with a standard indemnity provision, to be approved by the Board of Supervisors, in accordance with State election laws and City Charter §67. The General Municipal Election will be held on November 6, 2012, for the following Councilmember seats: Ward 2 — Sue Benham Ward 5 — Harold Hanson Ward 6 — Jacquie Sullivan Additionally, a letter of "Intent to Vacate Council Seat" was received from Councilmember David Couch. The letter states that he will resign at the time the elected Councilmembers are sworn in, which will be December 11, 2012. Therefore, the Resolution calls for the election to fill the unexpired term for the following Councilmember seat: Ward 4 — David Couch The filing period is July 16, 2012 through August 10, 2012. In the event an incumbent does not file, the Candidate extension period is from August 13, 2012 to August 15, 2012. rg June 4, 2012, 11:25AM S:1ElectionWDMIN RPTS12012Wdmin wards 2 5 6 and Special Ward 4.dot MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM ILA. TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: June 11, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY v 4 CITY SUBJECT:. Resolution confirming approval by the City Manager designee of th6 Chidf Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on June 11, 2012, by the City Manager designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION 1. 908 Beryl Drive 2. 802 S. Brown Street 3. 2600 Lee Drive 4. 105 Lois Lane 5. 3805 Monitor Street 6. 3221 Oliver Street 7. 499 Pacheco Road # 179 June 11, 2012, 10:58AMIkd S:\Dane\ADMINS\2012\.iUNE \6 -27- Property Abatement.doc APN COST 022 - 162 -19 $ 1,599.00 019 - 142 -08 $ 768.00 022 - 222 -11 $ 300.00 412 - 162 -01 $ 300.00 025 - 172 -15 $ 300.00 170 - 200-52 $ 300.00 412 - 065 -05 $ 105.00 ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 1 /Counciimember Salas APN COST 8. 608 R Street 009 - 391 -15 $ 1,329.00 9. 3600 Shellmacher Avenue 172- 133 -17 $ 655.00 10. 1405 Wilson Road 022 - 121 -13 $ 300.00 11. 737 10th Street 009 - 172 -03 $ 698.00 Ward 2 /Counciimember Benham 12. 401 Alpine Street 016- 480 -01 $ 105.00 13. 525 Beech Street 007 - 372 -06 $ 105.00 14. 227 Bernard Street 012- 310 -07 $ 805.00 15. 1918 Cherry Street 007 - 200 -14 $ 300.00 16. 117 Columbus Street 124- 122 -05 $ 915.00 17. 1104 Gage Street 015- 350 -11 $ 709.00 18. 3813 K Street 120- 060 -09 $ 105.00 19. 823 Kentucky Street 014- 300 -10 $ 1,049.00 20. 1222 Kentucky Street 015- 400 -12 $ 1,159.00 21. 1903 Maple Avenue 007 - 195 -06 $ 300.00 22. 205 Monterey Street 014- 180 -20 $ 105.00 23. 225 Monterey Street 014- 180 -05 $ 105.00 24. 1011 Monterey Street 015- 350-04 $ 899.00 25. 1109 Oregon Street 015- 180 -03 $ 1,269.00 26. 2400 Park Way 007 - 091 -11 $ 105.00 27. 2900 Union Avenue 012- 071 -03 $ 665.00 28. 2207 Verde Street 008 -283 -11 $ 105.00 29. 1831 1 St Street 008 - 343 -01 $ 300.00 30. 308 17th Street 006 - 124 -17 $ 879.00 31. 400 17th Street 006 - 124 -21 $ 105.00 32. 1126 E. 18th Street 017- 180 -10 $ 797.00 33. 1427 E. 18th Street 017- 220 -07 $ 959.00 Ward 3 /Counciimember Weir 34. 3808 Bryn Mawr Drive 021 - 320 -10 $ 300.00 35. 1319 Columbus Street 126- 032 -10 $ 969.00 36. 4201 Hinsdale Avenue 146- 104 -11 $ 835.00 37. 2705 Pomona Street 021 - 403 -16 $ 105.00 38. 5715 Rockwell Drive 365 - 191 -01 $ 105.00 June 11, 2012, 10:58AM/kd S:\Dana\ADMINS\2012UUNE \6 -27- Properly Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 4 /Counciimember Couch 39. 5625 Danbury Court 526 - 251 -14 $ 690.00 Ward 5 /Counciimember Hanson 40. 215 Los Nietos Court 339 - 250 -04 $ 105.00 41. 8817 Worrell Court 392 - 163 -33 $ 300.00 Ward 6 /Coucilmember Sullivan 42. 5121 Brockton Court 384 - 050 -25 $ 105.00 43. 5517 Glacier Court 498- 172 -10 $ 105.00 Ward 7 /Counciimember Johnson 44. 4207 Amherst Forest Road 515 - 236 -03 $ 750.00 45. 1128 Kyner Avenue 412 - 171 -23 $ 679.00 46. 2004 Lacey Avenue 023 - 211 -29 $ 300.00 47. 1511 Sierra Summit Avenue 516-113-09 $ 105.00 48. 8404 Verona Drive 514- 401 -03 $ 105.00 The owners of the above - mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. June 11, 2012, 10:58AM/kd S: \Dana\ADMrNS\2012UUNE \6 -27- Property Abatement.doc MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: $. % TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD" V A4 DATE: June 11, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of the Council of the City of Bakersfield Adopting a PorEstablishingo Standards for the Development of Taff Highway (SR 119) (Wards 6 and 7). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: At the January 11, 2012, Council meeting, staff was directed to prepare a Council Policy for Taft Highway similar to the one adopted for 7th Standard Road. Policy Resolution No. 112 -07, establishing standards for the development of 7th Standard Road, was adopted on June 6, 2007. The City of Bakersfield, City of Shaffer, and County of Kern adopted a uniform expressway standard to be used along this joint Jurisdiction corridor. The 71h Standard Road Policy Resolution set forth requirements for landscape widths, access and signal location. This Administrative Report adopts development standards for Taff Highway. Taff Highway (SR 119), which is under the jurisdiction of Caltrans, falls within both the City of Bakersfield and County of Kern. City staff worked with both County and Caltrans staff to develop a design standard as similar as possible to that used for 7th Standard Road. This standard Includes the requirement for landscaped medians, a wider than usual landscaping on the street side, limitations on the location of full access intersections, and the elimination of other street accesses - i.e. driveways or local streets. The landscaping requirement for 7m Standard Road was for 30 feet behind the sidewalk, so the Taff Highway design standard includes the same requirement. CalTrans will allow landscaped median within their right -of -way only if the City or County maintains this landscaping pursuant to an agreement. Also, the 30 feet of landscaping with a parkway -type (detached) sidewalk or multi -use trail would also have to be maintained by the City or County. Similar to 7th Standard Road, access Is restricted to Intersections - no driveway access is allowed unless the property is commercial and a fourth auxiliary lane Is constructed for the frontage of the property. The Intersection locations are limited to arterials and collectors - Le. at approximately 1/2 mile intervals. Both the County of Kern and Caltrans are in agreement with the proposed standards for Taff Highway. This policy, once approved, will only affect future developments that front on Taff Highway, not those that have already received approval from the Planning Department. mps G: \GROUPDAT \ADMINRPT \2012 \06 -27 \Taff Hwy Policy Resolution Admin.docx MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: t 3, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: June 14, 2012 CITY ATTORNEY CITY MANAGE SUBJECT: Collection of Delinquent Refuse and Sewer Charges by Kern Co Controller's Office on Fiscal Year 2012/13 Property Tax Rolls (All Wards): 1. A Resolution providing for the collection of delinquent refuse fees by the Kern County Auditor - Controller's Office. 2. A Resolution providing for the collection of delinquent sewer fees by the Kern County Auditor - Controller's Office. RECOMMENDATION: Staff recommends adoption of Resolutions. BACKGROUND: New refuse residential accounts are billed on the Kern County property tax roll at the beginning of each fiscal year. In addition, new sewer residential and commercial accounts are also billed on the Kern County property tax roll at the beginning of each fiscal year. However, new accounts are added throughout the year which cannot be placed onto the tax roll until the start of the next fiscal year. These prorated accounts are billed to the customer by the City. Unfortunately, some of these bills remain unpaid and become delinquent. These Resolutions transfer the collection of delinquent refuse charges (residential) and delinquent sewer charges (residential and commercial) to the Kern County Auditor - Controller's Office. This in turn allows the delinquent fees to be collected on the County tax roll. Following is additional information regarding the delinquent prorated charges: Refuse: For many accounts, a prorated refuse fee is collected in advance before the start of service. However, in some cases, refuse fees must be billed to the customer. Unfortunately, some of _these prorated billings remain unpaid and are now delinquent. Out of approximately $90,000 billedf©Fprorated services to new properties throughout the year, $5,022.01 remains delinquent. Staff proposes to place these delinquent charges on the Fiscal Year 2012/13 property tax roll. Sewer: Charges for residential and commerical sewer service which arise after the County's property tax roll has been finalized are billed directly to the customer by the City. Out of approximately $132,000 billed for prorated services to new properties throughout the year, $7,831.43 remains delinquent. Staff proposes to place these delinquent charges on the Fiscal Year 2012/2013 property tax roll. WWTP:rp - 6/14/2012 3:23:06 PM G:\GROUPDATWDMINRPT\2012 \06 -27 \Wastewater and Refuse Delinquent Accts AdmRpt Rev 060612.doc O Mcosru,rrn Pt�� ADMINISTRATIVE REPORT Tm mrn MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: I.M. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Greg Williamson, Chief of Police APPROVED DEPARTMENT HEAD i ` June 15, 2012 CITY ATTORNEY CITY MANAGER A resolution authorizing the Bakersfield Police Department (BPD) to accept nding in the amount of $88,740.00, made available through the Grant Assistance rogram (GAP) of the California Department of Alcoholic Beverage Control (ABC). RECOMMENDATION: Staff recommends approval of the proposed resolution. BACKGROUND: The City of Bakersfield has received notification from the ABC that a grant in the amount of $88,740.00 has been awarded to the BPD under the Grant Assistance Program (GAP). The grant funds under the ABC GAP program will fund, in part, the joint operations of the BPD / Kern County Sheriff's Office Joint Vice Task Force (JVTF) to conduct undercover surveillances and investigations; and conduct minor decoy and shoulder tap operations. To accept the grant and execute Grant Contract # 12G -LA05, the ABC requires a resolution from the City Council accepting the grant funds. This resolution will serve to satisfy this requirement. DWB P: \BPDWDMIN RPTSWDMIN RPT - (06- 27 -12) 2012 -13 ABC GAP GRANT (12G- LA03).docx 6/12/2012 12:58 PM Page 1 of 1 MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: $.I. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 25, 2012 DEPARTMENT HEAD CITY ATTORNE' CITY MANAGE Sewer connection and construction fee assessments (Wards 4): 1. Resolution fees and Collector. confirming assessments for sewer connection an, authorizing the collection of assessments by the Kern County Tax 2. Agreement with property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector. A notice of special assessment lien will be placed on the following properties: a. Richard L. Stone and Susan P. Stone 7401 Hooper Ave. b. Claude E. Rankin and Brenda K. Rankin 7809 Hooper Ave. RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreements. - BACKGROUND: The owners of the properties shown above desire to connect said properties to the City sewer system. The property owners claim that to pay the sewer connection and construction fees in one payment would produce an economic hardship. To assist in paying the connection and construction fees, the City has contracted with the property owner to apportion the connection and construction fees over an eight year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4648 dated August 18, 2011, authorizes the Kern County Tax Collector to collect the connection and construction fees in eight equal payments over the next eight years. .. G: \GROUPDAT \ADMINRPT\2012 \06 -27 \Kimberly- Hooper 6 -27 -12 ADMIN.doc May 25, 2012, 11:33AM A O�,yw ropy ADMINISTRATIVE REPORT C �r nI 1 MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: .M TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: June 11, 2012 CITY ATTORNEY CITY SUBJECT: Resolution of Intention (ROI) No. 1716 to add territory, Area 3 -84 (Yf 61 oodmere Drive) to the Consolidated Maintenance District and preliminarily pproving, confirming, and adopting the Public Works Director's Report. (Ward 6) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcel to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividers) /developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. ps G: \GROUPDAT\ADMINRPT \2012 \06- 27 \ROI est CMD 3- 84.docx MEETING DATE June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: %.A. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD. DATE: June 14, 2012 CITY ATTORNEY. CITY SUBJECT: Resolution of Intention No. 1711 to order the vacation of portions ��/fhe blic utility easements as created with Tract Map 6444, Phase 2, lots 11, W, 1 , 107, 151, 197, 204, 205, and 212 (Located In The Seasons Development, borde ed by Paladino Drive to the north and Panorama Drive to the south). (Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution of Intention. BACKGROUND: The City of Bakersfield has received a request from K. Hovnanian Companies to vacate portions of the public utility easements as created with Tract Map 6444, Phase 2, lots 11, 20, 104, 107, 151, 197, 204, 205, and 212. These areas are the sites of proposed retaining walls that cannot be approved and built until the public utility easements are vacated. The final hearing is set for the Council Meeting scheduled on July 18, 2012. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there Is no City sewer or storm drain facilities in this area. The utility companies serving the area have been notified by mail. A letter was received from California Water Service stating that they have utilities in these areas. They have since met with K. Hovnanian Companies and resolved their issues and are able to vacate their easements. Preliminary notices were also mailed to all adjacent property owners within a 300 - foot radius of the proposed vacated area. Public Works has received no objections from these owners as of the date of this report. On June 14, 2012, the Planning Department found the proposed vacation of portions of the public utility easements as created with Tract Map 6444, Phase 2, lots 11, 20, 104, 107, 151, 197, 204, 205, and 212 to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. /mm June 14,2012; 7:51 AM G: \GROUPDAT \ADMINRPT \2012 \6- 27 \T6444 PUE VACATION MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: 1.0e TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney APPROVED DEPARTMENT HEAD klG June 11, 2012 CITY ATTORNEY CITY MANAGER Agreements with Clifford & Brown law firm for legal services re: Gene is. Issues for ($75,000) and General Personnel Issues for ($75,000). RECOMMENDATION: Staff recommends renewal and approval of agreements with Clifford & Brown law firm for legal services in the following matters General Miscellaneous Issues for ($75,000) and General Personnel Issues for ($75,000). BACKGROUND: For many years, City staff has utilized outside legal counsel, in conjunction with the City Attorney's Office, to assist in a variety of areas. The City Attorney's Office reviews the various contracts on an annual basis before the end of each fiscal year. The City desires to renew its legal services with Clifford & Brown for General Miscellaneous Issues in an amount not to exceed $75,000 and General Personnel Issues in an amount not to exceed $75,000. GG:ac SA COUNCILAdmina\ 11- 12\ Admins\ GeneralOutsideCouna ®IAttyAgrs.docx June 11, 2012, 2:55PM MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: 1%.p. TO: Honorable Mayor and City Council APR VED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: June 6, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Street Utility Cut Guarantee with TW Telecom, Inc. which guaranterngx�iistXiing f Utility Company's work in repairing and replacing the street after roadway to lay utility lines (All Wards.) RECOMMENDATION: Staff recommends approval of guarantee BACKGROUND: TW Telecom, Inc. (formerly Time Warner Telecom), a provider of managed - voice, internet, and data network systems, is currently expanding and performing maintenance to its fiber optics infrastructure throughout the City of Bakersfield. TW Telecom's fiber optics infrastructure lies within the city street right -of -way. TW Telecom is required to obtain a street permit for each individual project. With every street permit, TW Telecom is required to pay a deposit and a pavement degradation fee. As an alternative to paying the deposit and a pavement degradation fee, TW Telecom desires to enter into a Street Utility Cut Guarantee with the City of Bakersfield that guarantees TW Telecom will repair any substandard work done to City streets as a result of its expansion and maintenance. With the Street Utility Cut Guarantee, the street permit process for TW Telecom and City staff is expedited. Insurance certificates for this guarantee have been provided and approved and are on file with Risk Management. bw G:\ GROUPDAT \ADMINRPT\2012 \06- 27 \Admin Report - TW Telecom Street Cut Guarantee.doc MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: 41. it* TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: June 5, 2012 CITY ATTORNEY CITY MANAG SUBJECT: Agreement with Edwin W. Wilson Family Trust to purchase real property to aced at southeast and northeast corner of Morning Drive and Panorama Drive for 153,000 for the Morning Drive Interchange Project. (TRIP Program - Ward 3) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land to construct an interchange at Morning Drive and State Route 178. The property being acquired contains approximately 1.746 acres of real property and 0.258 acres of temporary construction easement area. The site is for widening Morning Drive and to provide one of the required drainage basins for the project. The purchase price of $153,000 is the fair market value based on an appraisal prepared by Michael Burger and Associates, an independent appraisal company. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the interchange project during the State required Environmental Document process. The Planning Division completed a 65402 Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Property acquisition for the required right of way to construct the Morning Drive Interchange Project is part of the TRIP program and is included in the grant funding for this project. The City will be responsible for approximately 11 % of the project cost, including right of way, and will be reimbursed the remaining 89% by the State and Federal Highway Administration. Admin - Purchase Agmt - Wilson 6/5/2012 cW M A TO: FROM: DATE: SUBJECT: ADMINISTRATIVE REPORT Honorable Mayor and City Council Greg Williamson, Chief of Police June 14, 2012 NDA S a• r, DEPARTMENT HEAD CITY ATTORNEY CITY Amendments to Agreements regarding Animal Control 1. Amendment No. 3 to Agreement No. 09 -081 with the County of Kern for Animal Care Services; Extending the Term of the Agreement through October 21, 2012 and Increasing the County's Compensation ($107,802 not to exceed $1,105,012). 2. Amendment No. 2 to Agreement No. 78 -146 with the County of Kern for the lease of real property located at 201 South Mount Vernon Avenue; Revising the terms and conditions of the lease. RECOMMENDATION: Staff recommends Council approval. BACKGROUND: The two amendments associated with this item will provide for the continuation of the current relationship between the City and County until October 21, 2012, at which time the County plans to relocate its operation. The two amendments also provide for the future transition of the Mount Vernon Shelter to the City. Key items of the two amendments are highlighted below: Amendment to Animal Care Services Agreement (09 0811 • Extends the existing agreement through October 21, 2012; • Requires the City to pay a lump sum of $107,802 to County for period between July 1, 2012 and October 21, 2012 (this amount includes a CPI adjustment over the previous year's rate prorated for the shorter term); and • Provides for the continuation of the current sheltering arrangement, including the County's use of the City owned "adoption center" through October 21, 2012. Amendment to Lease Agreement (78 -146)• • Requires the County to inform the City by August 1, 2012 what improvements County intends to remove from the Mt. Vernon location; and ST Page 1 S: \Admin Rpts \2012 \ADMIN RPT - (06- 27 -12) ANIMAL CTRL AGREEMENT.docx • Requires the County to remove all animals from the Mt. Vernon location and leave the premises in a clean condition upon the termination of the lease. During the 2004 -05 fiscal year, the City and the County entered into a five -year agreement (04- 149) to provide for a co- located animal care facility, in which both Bakersfield and Kern County residents could find their lost animals, adopt a dog or cat, and obtain a dog license. The agreement provided the City with a shelter location where City Animal Control Officers could take animals picked up in the field, and where City residents could take stray or otherwise unwanted animals or look for their lost pets. The agreement committed the City to providing the County with an annual revenue stream, which was adjusted annually for inflation, as well as constructing an additional kennel building to house animals which were received by the shelter. This building, completed in 2005, today serves as the County's adoption center; however, the City maintains ownership and provides for building maintenance. This arrangement provided a one -stop shop for Bakersfield area residents, operational economies of scale for animal control and a common animal control tracking system (Chameleon) to facilitate the locating of lost animals, notifying the public and the issuing of licenses. The agreement, described above, ended June 30, 2009. A new one -year agreement was entered into jointly by the City and County in June of 2009 and was the result of lengthy negotiations between the City and County. This new agreement provided for updated terms and provisions and also included a 22% increase in the annual compensation paid to the County for animal care services. This agreement was to expire June 30, 2010; however, City and County staff agreed that it was desirable to continue this working relationship. To that end, the City and County approved Amendment No.1 to the existing agreement in June of 2010, which extended the term for a period of one (1) year and included a 2.8% increase in compensation payable to the County based on a Consumer Price Index adjustment. In June of 2011, both City and County staff recommended the approval of Amendment No. 2 to the current agreement which extended the term of the agreement for a period of one (1) year and include a 1.2% increase in compensation payable to the County based on a Consumer Price Index adjustment. Under the current agreement (09 -081), the City's reimbursement to the County for Shelter services is $325,000 for the period of Julyl, 2009 through June 30, 2010. Amendment No. 1 provided for a reimbursement to the County of $334,100 for the period of July 1, 2010 through June 30, 2011 Amendment No. 2 provided for a reimbursement to the County of $338,110 for the period of July 1, 2011 through June 30, 2012. Towards the latter half of 2011, City and County staff began the process of negotiating a successor agreement, with the hopes of developing another multi -year arrangement. During the course of these discussions the County took a hardline stance demanding the City pay the County just over three times the annual amount the City was currently paying the County for ST Page 2 S: \Admin Rpts \2012 \ADMIN RPT - (06- 27 -12) ANIMAL CTRL AGREEMENT.docx A i ADMINISTRATIVE REPORT animal care service ($1,125,000). City staff had numerous concerns related to the funding level sought by the County, and staff attempted to work through these items with the County. In addition to the City's Animal Care Services Agreement with the County, the City has had a longstanding Lease Agreement (78 -146) with the County. The Lease Agreement has been in place since 1978 and has provided the County with rent free lease of the land located at 201 South Mount Vernon Avenue and where the Kern County Animal Shelter is located. In return for the use of the land since 1978, the lease included a provision which required the County to take in stray, sick or otherwise unwanted animals that originated from the City of Bakersfield. It became apparent through negotiations that the above referenced provision included in the land lease, which required the County to take in City animals, was problematic for the County City staff viewed this issue as another component of the items being negotiated and expected discussions to continue. However, on April 24, 2012 the Kern County Board of Supervisors approved an action to provide the City with 180 -day notice, as provided in the lease, that the County was terminating the lease agreement as of October 21, 2012. City staff was unaware of this action prior to the release of the Supervisor's agenda the Thursday prior to the Tuesday, April 24th meeting. At the time City staff was under the impression that negotiations with the County were ongoing. The County's action changed this dynamic and required City staff to shift focus to the eventuality that the County would no longer be operating an Animal Shelter at the Mt. Vernon location and the resulting ramifications of the April 24th action. It should be noted that both amendments are contingent upon the passage of both amendments by the City and County. As of the time this administrative report was prepared it remains unknown where the County plans to relocate its animal shelter operations to. The County is reviewing three locations and apparently is in negotiations for a new location. City staff has been diligently working to develop a budget and operating plan with the understanding that the City will be providing animal care services at the Mount Vernon location after October 21, 2012. ST Page 3 S: \Admin Rpts \2012 \ADMIN RPT - (06- 27 -12) ANIMAL CTRL AGREEMENT.docx ;;.: •�, is -, ADMINISTRATIVE REPORT MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: S. i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director June 18, 2012 APPROVED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER Homelessness Prevention Services and Rapid Re- Housing Services (HPRP): (Wards All) Amendment No. 4 to Agreement No. 09 -126, with Bethany Services /Bakersfield Homeless Center to allow the reallocation of Homelessness Prevention funds: $24,015.54 from the Stabilization line item and $19,308.47 Data Collection line item located in Schedule "A" of Agreement 09 -126 to Financial Assistance line item. RECOMMENDATION: Staff recommends approval. BACKGROUND: In June 2009, the City was approved for a $1.3 million grant through the American Recovery and Reinvestment Act from the U. S. Department of Housing and Urban Development. On September 23, 2009, Council entered into two agreements with Bethany Services /Bakersfield Homeless Center to facilitate the Homelessness Prevention and Rapid Re- Housing Program (HPRP). The program has two elements: (1) Homelessness Prevention for those persons who are about to become homeless and (2) Rapid Re- Housing for those persons who are already homeless. On January 13, 2010, Council approved Amendment No. 1 to both agreements with Bethany Services /Bakersfield Homeless Center to provide advance funding in the amount of $20,000 each to assist with cash flow during the program start-up period. On June 30, 2010, Council approved Amendment No. 2 to both agreements with Bethany Services /Bakersfield Homeless Center requesting an additional advance of funding in the amount of $70,000 to assist with cash flow due to the heavy volume of need for services in the community. On March 9, 2011, Council approved Amendment No. 3 to both agreements with Bethany Services /Bakersfield Homeless Center to transfer funding in the amount of $6,500.00 to assist with projected funding requirements in the Data Collection activity. 5: \Admins \City Council \City Council Admins 2012 \BHC - Bethany HPRP Amend #4 0521 12.Doc 6/18/2012 11:16 AM TR /RB ADMINISTRATIVE REPORT Page 2 All program funds must be expended by August 18, 2012. In order to ensure all of HPRP funds can be spent by August 18, Bethany Services /Bakersfield Homeless Center has requested the reallocation of funds. This proposed amendment allows for the reallocation of funding from the Stabilization and Data Collection activities to the Financial Assistance activity to be able to service more clients, preventing them from becoming homeless. Funding amount of $24,015.54 from Stabilization to Financial Assistance and funding amount of $19,308.47 from Data Collection to Financial Assistance activity would be reallocated. The total reallocation would be $43,324.01. HUD allows such reallocations to be approved by the local jurisdiction's legislative body without the need for a substantial amendment to the Action Plan. As of the end of April 30, 2012, $674,429.43 has been expended toward the Rapid Re- Housing Program. This amounts to 98% of the total Rapid Re- Housing Program funds. The Homeless Prevention Program has been successful as well, with $634,785.20 that has been expended which is 94% of the total funds. The term of the Agreement between the Bakersfield Homeless Center and the City will expire August 18, 2012. I r14 ADMINISTRATIVE REPORT ?L,r "� -wo z -mmr MEETING DATE: June 27, 2012 TA4GE�ND_A SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAR( ` ° %e_i DATE: June 18, 2012 CITY ATTORNEY / SUBJECT: Agreement with The Meo Group, funds, not to exceed $322,830 affordable multi - family units at 519 CITY MANAGER Inc., for HOME Investment Partnership (H' OMY) for the construction and development of 67 19th Street - 19th Street Seniors. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: During the last few years the City of Bakersfield and the Bakersfield Redevelopment Agency has committed various funding sources for the 19th Street Senior Project including $3.65 million in Redevelopment low -mod housing on August 25, 2008 and $1.3 million in HOME funds to construct 67 units of senior rental housing in a three -story structure on August 18, 2010. An adjacent part of the project includes a two level 145 space parking structure funded with $1.9 million in Prop 1 C and $500,000 in tax increment funds. The project will eliminate a long- standing blighted parcel of land within the Old Town Kern Pioneer Redevelopment Project Area, and is located to the newly developed Mill Creek Linear. Due to the economics of the project and conditions associated with the bank financing, it is necessary to add $322,830 to assist with increased materials costs due to the long time it has taken to secure construction financing for the project. This will bring the total of HOME funds for the project to $1,872,830 approved to construct eleven (1 1) low- income restricted units within the 67 -unit complex. Two (2) of the units will be reserved for very-low households not exceeding 50% of Kern County area median income and nine (9) of the units will be reserved for low income households not exceeding 80% of median income. The HOME funds will be a cash loan contribution from the Agency to the Owner secured by a Deed of Trust and Note. The $322,830 HOME funds will be in the form of a construction loan payable in 20 years. In the event of default, interest shall accrue at the simple rate of three percent (3 %) per annum, and shall be immediately due and payable upon any default. If the project does not experience a default, the interest is forgiven and only the principal is due. There is no prepayment penalty. Funds may be released on a prorate share of 50/50 with other development funds. The units will remain affordable for a 55 -year period. HUD regulations require the commitment of these funds through a contractual agreement to either a developer or a sub - recipient entity over the course of two funding years. The funds must be expended within five years. S:\Admins \City Council \City Council Admins 2012\1 9th St Seniors. HOMEAgmt 2..2012.doc.db 6118/2012 3:27 PM DB MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: $. y, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director June 13, 2012 DEPARTMENT HEAD CITY ATTORNEY APPROVED CITY MANAGER Contract for Industrial Laundry Service: 1. Rescind contract with Prudential Overall Supply in the amount of $420,000 for the contract to provide industrial laundry service. 2. Accept bid and approve contract to Aramark Uniform & Career Apparel, LLC not to exceed $525,000 for three years of service for industrial laundry service. (Citywide) 3. Approve Amendment No. 6 to Agreement No. 06 -219 with Ameripride Uniform Services extending the contract term an additional 28 days to August 16, 2012 for continuance of providing industrial laundry service. RECOMMENDATION: Staff recommends approval. BACKGROUND: On May 23, 2012, Council approved a contract with Prudential Overall Supply to provide industrial laundry service for a three year term. After the Council award, the vendor requested to withdraw their offer and rescind the contract due to their misunderstandings regarding our quantities and usage as detailed in the bid specifications. They did not become fully aware of these issues at their corporate level until we began staff meetings to facilitate the transition process to the new company. Over the past 20 years we have never required a bid bond or performance bond in our bid specifications for this uniform rental / services contract. Rather than attempt to force contractual compliance with this vendor, staff is recommending we honor their request to withdraw from service and cancel their contract. Staff offered the contract to the 2nd lowest bidder from the bid solicitation, Aramark Uniform & Career Apparel, LLC to which they accepted including all terms and conditions of the bid. Staff is proposing the contract amount of $525,000 to cover both the "base" estimated cost for the three year period reflected on the bid summary of $419,164.20 as well as a 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. (Bid summary attached) To prevent a lapse in laundry services, an Amendment is necessary to extend services with the current industrial laundry service provider, Ameripride Uniform Services for a period of 28 days, Purchasing DivisionAkb & PURCHADMINWdmin 11 -12WC Industrial Laundry Service- Rescind Re- Award - Extend 11- 12 -74, June 27, 2012.docx June 13, 2012 ADMINISTRATIVE REPORT with no additional compensation being added to their contract, to allow Aramark Uniform the opportunity to measure and outfit staff with uniforms. Staff recommends approval of the contract rescission with Prudential Overall Supply, approval of a contract in the amount of $525,000 with Aramark Uniform & Career Apparel, LLC and approval of Amendment No. 6 extending the current contract 28 days with Ameripride Uniform Services. Purchasing Division/kb SAPURCHWDMINWdmin 11 -12WC Industrial Laundry Service - Rescind Re- Award- Extend 11- 12 -74, June 27, 2012.docx June 13, 2012 — N o f N v -a P 9= V V 1 :2 G i oil IF R C4 zi N O Q M h f�7 l ^ < N (7 yCy4� M Di h P co O `C u h � MRS: 2 Q�y NfV QQ ^_ • _ v U ry 1Z Q�Qvf t C Z ZC 00 CC 00000 tTi � u Q, _ € b b8� evv���ai C S s Z Z �T') Q ;o O << K Z �i ih iq a , c cq 0,0 N OC CC 0 00 00 O O - C - l�NO ^00 � 0� Q M l7 � � O• N � � N F � N a (I�+1 � ap P O, N � �!i V pip ^ A C4 Q 10 f Q f < U .pp N ^ p t 0 0 0 0 0 0 0 0 0 U h N C h Vf N O (V N N �a 0 M 17 $ r C 0 C C p v� U `P t� NnQf`1 O O C C O^ Z Z 0 N ^ 0 0 0 0 — N o f N v -a P 9= V V 1 :2 G i oil IF R C4 n h � MRS: 2 C N 1„' � u _ € b b8� evv���ai C S s Z Z �T') Q ;o O << K Z �i ih iq a , c — N o f N v -a P 9= V V 1 :2 G � Prudential QSupply TM June 0, 2012 Ms. Kim Berrigan Purchasing Officer City of Bakersfield 1600 Truxtun Ave., 2"d Floor Bakersfield, California 93301 Re: Bid # 11 -12 -74 AC Industrial Laundry Service Dear Ms. Berrigan, After an exhausting effort to correct a misunderstanding of actual usage requirements now or In the future regarding the ANSI III product it is with deep regret that we must withdraw our offer to the City of Bakersfield. Prudential completed our bid in good faith but due to our clarified understanding of current actual requirements and expected increased usage of this Item we feel we must withdraw. As per your conversation with Robert Bossardet last week you have afforded us a five day response time, beginning as of Tuesday 05/29/2012, which means that today would be our drop dead date to let the City know of our intentions. We apologize for the inconvenience this Issue has caused both parties, but we are confident we have shared transparently the issues that have brought us to this conclusion. We wish the City of Bakersfield continued success and are regretful that we will miss an opportunity to partner with you regarding this project. Sincerely, General Manage Prudential Over Supply 126 Ave, Fresno, CA 93725 Outfitting America's Team www.00s- clean.com MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council PPR VE FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: June 8, 2012 CITY ATTORNEY CITY MANAGER ` SUBJECT: Amendment No. 1 to Agreement No. 10-085 with A -C Electric C pa (no change in compensation) to extend term for an additional 120 days r el ctrical services at the Mount Vernon Greenwaste Recycling Facility (Ward 1). RECOMMENDATION: Staff recommends approval of Amendment BACKGROUND: Because of the elimination of diesel engines by new air pollution rules, equipment at the Mount Vernon Recycling Facility (Facility) was switched from diesel power to electric power. The high voltage electric motors and relays require a specially trained contractor to maintain the equipment. A -C Electric has successfully performed these duties for the last two years. A -C Electric is willing to extend the agreement at the same rates. This agreement is due to expire on June 30, 2012. An RFP process has been initiated; however, additional time is needed to fully complete the RFP process. Therefore, it is necessary to amend Agreement No. 10 -085 to extend the terms for an additional 120 days. No increase to the compensation amount is required for this Amendment since sufficient funds remain in the current contract to cover costs associated with this proposed contract extension. Sufficient funds are budgeted to cover the costs for this Agreement. This project is funded in the Refuse Enterprise Fund. About 30% of the cost is covered by Kern County per the Greenwaste Cost Share Agreement. mh G: \GROUPDAT \ADMINRPT \2012 \06- 27 \Admin Report - Amend (1) to A -C Electric Agmt. No. 10 -085 Revised.doc MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: S yw TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: June 11, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGE SUBJECT: Amendment No. 3 to Agreement No. 10 -107 with Kern SprinkleaKagdscaping, Incorporated; extending the contract term one year, and adding $24,0,000 (for a total not to exceed amount of $594,648.25) to continue the supply of landscape and irrigation services. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On July 21, 2010, Council approved the Annual Contract for the supply of landscape and irrigation services to Kern Sprinkler Landscaping, Incorporated in the amount of $224,648.25; renewable annually thereafter for four consecutive one -year periods. On June 8, 2011, Council approved Amendment #1 extending the term one year. On January 11, 2012, Council approved Amendment #2 adding $130,000. If approved, Amendment No. 3 will add $240,000 for a revised not to exceed amount of $594,648.25, and extend the term one year. This proposed increase will meet the anticipated needs of various City departments for the next twelve months (Refuse - $60,000, Water - $30,000, and Parks - $150,000). Funds are budgeted within the operating budgets of the Refuse Enterprise Fund, the Water Resources Enterprise Fund, and the General Fund (Parks). Approval of the amendment will allow the City Departments to continue to meet the City's landscape and irrigation service needs. Purchasing Division/ch S:\PIJRCH\ADMfMAmendments 11 -12\AC for Landscaping and Irrigation Services Amendment #3 Agmt. 10- 107.docx June 13,2012,9:53 A.M. ADMINISTRATIVE REPORT MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: 2--w- TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: June 13, 2012 SUBJECT: Contract Change Order Nos. 2 and 3 to Raminha Construction ($201,763.80; revised for the project known as Bakersfield City (Ward 3). A,PPR_ OVER DEPARTMENT HEAD i CITY ATTORNEY CITY Agreement No. 11 -091 wffh not to exceed $3,584,391.30) Sanitary Landfill Final Closure RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the final closure of the City of Bakersfield Sanitary Landfill. Contract Change Order No. 2 provides for additional cost incurred by the contractor during a work stoppage for resurveying of the project. The contract documents allowed for either an aerial or ground survey to be performed (at the option of the Contractor) for the purposes of quantifying unclassified fill on the project. After this aerial survey was performed, the County of Kern (who is sharing in the cost of the project), indicated that they would only accept a ground survey. The Contractor then performed a ground survey of the site for the purposes of quantifying unclassified fill on the project. The cost of the aerial survey was paid for on Contract Change Order No. 1. This change order provides for the equipment delay cost for the 11 working days it took to perform the ground survey. The equipment delay cost to the contractor for this stoppage (as calculated per the contract documents) totals $54,281.04. Contract Change Order No. 3 provides for expansion of a dirt slope on the south side of the landfill. During the earthwork operations, a previously unknown area of trash and debris was discovered in this slope area. In order to properly cap this area in accordance with State requirements, this slope area needs to be expanded. The contractor has agreed to expand this slope are for the lump sum price of $147,482.76. The net cost increase of Contract Change Orders 2 and 3 is $201,763.80. The sum of all change orders to date on this project reflects a total cost increase of $215,483.30 (which results in a 6.4% increase of the original contract amount) as illustrated below: e Original Contract Amount = $3,368,908.00 e Amended Contract Agreement after Change Orders = $3,584,391.30 Net Increase to date = $ 215,483.30 RM (Construction) June 14, 2012, 2:0612M G:% GROUPDATIADMINRPT\2012\06- 27\CCO9 2 and 3 Bakersfield City Sanftary Landfill Final Closure.doc ADMINISTRATIVE REPORT Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact associated with this Change Order. RM (Construction) June 14, 2012, 2:0613M G: \GROUPDArADMINRPT \2012\06- 27\CCOs 2 and 3 Bakersfield City Sanitary Landfill Final Closure.doc MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DEPARTMENT DATE: June 14, 2012 CITY ATTORNEY CITY SUBJECT: Westside Parkway Phase 2 (TRIP) (Wards 2, 4 and 5) Contract Change Order No. 28 to Agreement No. 09 -076 with Security Pdving Company, Inc. ($16,703.28 for a revised not to exceed amount of $87,392,830.35) for the Construction of the Westside Parkway Phase 2 Project. RECOMMENDATION: Staff recommends approval of contract change order BACKGROUND: Phase 2 of the Westside Parkway Project includes the construction of a 6 -lane freeway from Mohawk Street to Allen Road. Also included in the project is the construction of interchanges at Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta Avenue (no interchange at this location). Change Order No. 28 provides for additional equipment and mobilization costs for the construction of soundwalls near Calloway Drive and Coffee Road. The contractor was allowed 9 months to construct the soundwall adjacent to any particular backyard. This construction required the installation of temporary chain -link fencing, removing the original backyard fence or wall, constructing the new soundwall, extending the side fences to the new soundwall, and then finally restoring the backyard to its original condition and removing the temporary chain -link fence. The contractor wanted to begin demolition of some of the existing backyard fences and walls early In preparation for the construction of'the new soundwall; but the concrete block for the new soundwall was several months away from being delivered to the job site. And even though the contractor said he would still be completed within the 9 month window, staff did not want the residents along the alignment to be subject to the temporary fencing any longer than absolutely necessary. So the contractor was directed to delay removal of the existing backyard fencing until the block was ready to be delivered to the job, and this delay caused the contractor to experience some additional costs he had not originally anticipated. Also, many of the soundwalls were modified, relocated and /or increased in height after the project was bid to provide additional noise protection from potential future SR -58 traffic. The wall near Coffee Road was relocated for this reason at the same time an overhead utility line was being relocated, and as a result there was not adequate clearance beneath this relocated utility line to accommodate the equipment the contractor had been using to drill the pile foundations for the soundwalls. This conflict necessitated the contractor to mobilize a smaller pile drilling rig at additional cost. This change order results in a net increase of $16,703.28 Tdw:G: \GROUPDATWDMINRPT \2012 \06- 27Wdmin Rpt CCO # 28 WSP- 2.docx Staff recommends approval of Contract Change Order No. 28. Change orders to date, including this proposed change order total $10,820,385.28. This is a 14.1 % increase over the original contract amount as illustrated below: • Original Contract Amount = $ 76,572,445.07 • Previous Change Orders = $ 10,803,682.00 • Current Change Order No. 28 = $ 16, 703.28 0 Amended Contract Agreement after Change Orders = $ 87,392,830.35 Net Increase to date = $ 10, 820, 385.28 Sufficient funds have previously been budgeted to fund these contract change orders. Most of the added cost for project change orders to date is due to Change Order No. 21 ($5.9 million) which is for the Kern County Water Agency (KCWA) Box Culvert - an item the City was always paying for, but which was originally to be constructed by the KCWA. Later, after the Westside Parkway Phase 2 project had bid, KCWA management requested that the City construct this box culvert as part of the freeway project instead of the KCWA. Also, Change Order No. 1 for $588,430 was for added work requested and paid for by the North Kern Water Storage District. When the Westside Parkway Phase 2 project was bid, the City was trying to utilize all available State funding to build the project as any unused funds would have to be given back to the State. This resulted in portions of the project construction bid and contract award being accomplished with less than final design work completed and as such, a higher amount of change orders than normally anticipated are expected as the construction progresses. However, because of the extraordinarily favorable bid climate at the time, the City was able to extend the project limits from Coffee Road all the way to Allen Road on top of keeping all the State funding intact. These series of actions have been in the best interest of completing this Project, which is a critical component of the TRIP program. Tdw:G:\ GROUPDAT \ADMINRPT\2012 \06- 27\Admin Rpt CCO # 28 WSP- 2.docx MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: 1, 's. TO: Honorable Mayor and City Council FROM: Raul. M. Rojas, Public Works Director DEPARTMENT HEAD, DATE: June 13, 2012 CITY ATTORNEY CITY SUBJECT: Contract Change Order No. 30 to Agreement No. 11 -035 with /GSE Construction, Inc. ($38,549; revised not to exceed $5,218,049) 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 the course of the project, it was discovered that the specified ductile iron piping could not be attached to the polyethylene grease storage tanks for the new grease receptive station because of the weight of this pipe. As such, the ductile iron piping (which has already been purchased) will need to be replaced with PVC piping to prevent this breakage. The contractor has agreed to change this piping for the lump sum price of $38,549. The previously purchased ductile iron pipe was custom fabricated and as such cannot be returned. This pipe will be stockpiled for future use. The cost increase of Contract Change Order 30 is $38,549. The sum of all change orders to date on this project reflects a total cost increase of $530,049 (which is 11.3% of the original contract amount) as illustrated below: • Original Contract Amount = $4,688,000.00 • Amended Contract Agreement after Change Orders = $5,218,049.00 Net Increase to date = $ 530,049.00 Sufficient funds are budgeted to fund these Change Orders. There is no General Fund impact associated with these Change Orders. RM (Construction) June 14, 2012, 1:22PM G:\ GROUPDAT \ADMINRPT\2012106- 27 \CCO 30 WWTP 2 Septage Receiving and Odor Control.doc MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: . **,, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: June 14, 2012 CITY ATTORNEY77 CITY SUBJECT: Accept bid from Jim Burke Ford, Bakersfield, in the amount of $40,989. #(for (2) replacement four wheel drive % ton pickups for the Water esoy Department and Public Works Department, Solid Waste Division. (Citywide) I RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers of vehicles. Two (2) bids were received in response to solicitation. Funds are available in the Equipment Replacement Fund for the purchase of two (2) replacement four wheel drive 1/2 ton pickups. The units to be replaced have excessive mileage and have remained in service beyond the recommended replacement date. The two (2) bids received are as follows. BIDDER AMOUNT Jim Burke Ford $40,989.94 Bakersfield, CA (City) Three Way Chevrolet $43,886.07 Bakersfield, CA (City) Staff finds the bid submitted by Jim Burke Ford, Bakersfield, to be acceptable. Purchasing Division/kb SAPURCHIADMINWdmin 11- 12%Four Wheel Drive One Half Ton Pickups, 11- 12-89, June 27, 2012.docx June 14, 2012 MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: 1, bb. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: June 14, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Loop Electric Incorporated, B fief 7(no to exceed $359,760) for the Annual Contract for Vehicle Lop Q tting. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract. BACKGROUND: Invitations to bid were sent to over five hundred (500) contractors for the Annual Contract for Vehicle Loop Cutting. Two (2) bids were received in response to solicitation. After bids were opened, the low bidder, Taft Electric Company realized they made a clerical error in the amount of $87,416 and have requested to withdraw their bid. Copy of letter is attached. Staff has reviewed their request and recommends allowing them to withdraw their bid. The bids submitted are based on an estimated quantity of various vehicle detector loop installations. The contract award is for a one year period; renewable annually for four consecutive one -year periods at the City's option and upon mutually agreeable terms. The two (2) bids, including the rescinded bid, are listed below. Taft Electric Company Ventura, CA Loop Electric Incorporated Bakersfield, CA $238,663 (Bid Rescinded) $359,760 The Funding for this work is in the Public Works operations budget within the General Fund and the Gas Tax Fund. Staff finds the bid submitted by Loop Electric Incorporated, Bakersfield, to be acceptable and recommends approval of the contract in the amount of $359,760. Purchasing Division/kb SAPURCHWDMIMAdmin 11 -121AC Vehicle Loop Cutting, 11- 12 -96, June 27, 2012.doc TAFT ELECTRIC COMPANY ELECTRICAL CONTRACTORS STATE LICENSE N0. 772246 HOME OFFICE 1694 EASTMAN AVENUE • P.O. BOX 3416 • VENTURA, CALIFORNIA 93006 • (805) 642 -0121 June 14, 2012 City of Bakersfield Purchasing Division 1600 Truxton Avenue, 2nd Floor Bakersfield, CA 93301 Att: Kim Berringam Subject Bid No. 1142 -96 Vehicle Loop Cutting Dear Kim; On June 12, 2012, bids for the above mentioned project were publicly opened and read aloud. The under signed, Taft Electric Company, submitted the apparent low bid in the amount of $238,663.00. Upon review of our estimate and bid documentation submitted, we noticed that our total bid amount was in error, a discrepancy in the amount of $87,416.00. The nature of this mistake is a clerical error and occurred as follows. The unit cost should read $271.00 per unit in lieu of $173.00. This mistake occurred in filling out the bid form and was not due to error in judgment or to carelessness in inspecting the site of the work or in reading the plans and specifications. Because of this mistake and the competitive nature of this bid, we can not accept an award of contract and we reluctantly must elect to rescind our bid and request that the City of Bakersfield relieve us 4er ur bid and release our bid bond security. I decl a penalty of perjury that the foregoing is true and correct. 14, 2012 at Ventura, California President Plea4dvise us soon as possible of the intended actions to be taken by City Bakersfield in regard to this matter. Respectfully, OFFICES IN VENTURA, THOUSAND OAKS, AND SOLVANG MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: I. O.C. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director June 14, 2012 Accept bid and the Taft Highway Project (Ward 6). DEPARTMENT HEAD CITY ATTORNEY CITY MANAG approve contract to Bowman Asphalt, Inc. ($2,988,1969. 0) for (SR -119) Widening Improvements: Gosford Road to Ashe oad RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: This project consists of widening the roadway to full width on the north side of Taft Highway from Gosford Road to Ashe Road and provides two additional westbound travel lanes. The project also includes traffic signal modifications, storm drain system, traffic striping, pavement markings, curb & gutter, and sidewalk improvements. This roadway improvement is the final segment of road widening required for the Wastewater Treatment Plant No. 3 and State Farm Sports Village projects. The Engineer's Estimate for the project is $3,400,000. Sufficient funds are budgeted within the Sewer Enterprise Fund to fund this contract. There is no General Fund impact associated with this project. On June 12, 2012, a total of five bids were received; four of those bids are acceptable. Those acceptable bids are as follows: Bowman Asphalt, Inc. 3527 Brian Way Bakersfield, CA 93308 (County) C.A Rasmussen 28548 Livingston Avenue Valencia, CA 91355 Granite Construction Company 585 W. Beach Street Watsonville, CA 95076 Griffith Company 1128 Carrier Parkway Avenue Bakersfield, CA 93308 (County) in the amount of $2,988,369.30 in the amount of $3,598,942.35 in the amount of $3,603,716.10 in the amount of $3,795,018.00 One bid was deemed non - responsive because the contractor failed to report the dollar amount that was being subcontracted as required by the project's specifications. A copy of the contract is on file. PW /Design Engineering /NSG -UK102 June 18, 2012, 12:43PM G: \GROUPDATWDMINRPT\2012 \06 -27 \Taft Highway (SR -119) Widening Improvements.doc ADMINISTRATIVE REPORT ifp��l MEETING DATE: June 27, 2012 AGENDA ATION: Consent Calendar ITEM: 9. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: June 11, 2012 CITY ATTORNEY Chi h7 SUBJECT: Approval of Tract Maps (ONLY) with Castle & Cooke California, Inc., Corporation for Tract 7202 Phase 1 located west of Renfro Road and south Highway. (Ward 4) RECOMMENDATION: Staff Recommends approval of the map only. BACKGROUND: Improvement Agreement No. 10-067 was approved on June 9, 2010 for Tract 7202 Phase 1 & 2 with Castle & Cooke, a California Corporation. Phase 2 was recorded on June 15, 2010 and Phase 1 was to be recorded at a later date. The Improvements Include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. .. June 11, 2012, 10:44AM 0: \G ROUPDArADMINRPT 12012V06- 27\Tract 7202 IM 10-067 MAP ONLY.doc MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: June 4, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $138,000 Transportation Development Act Article 3 Gr fun to the Public Works Department's Capital Improvement Budget within th Bike ay and Pedestrian Pathway Fund for marking bike lanes on existing stye is within metropolitan Bakersfield at three sites (Wards 1 and 7). RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: Kern Council of Governments requested member organizations to submit grant applications for Transportation Development Act Article 3 (Bicycle and Pedestrian Facilities) funds. On July 15, 2011, Public Works submitted an application for bike lanes in three locations in the metropolitan Bakersfield area. On September 15,2011, the City was notified that the grant request was approved as follows: • Bike lane on White Lane from Union to So. "H" Street - $34,300 • Bike lane on Hughes Lane from White Lane to Wilson - $36,600 • Bike lane on Monitor from Hoskings to East Pacheco - $67,100 Design is currently underway for this project. The construction contract is anticipated to be awarded in August 2012. This appropriation is necessary to account for the grant funding in the proper fiscal year. There is no General Fund impact associated with these projects. gl June 7, 2012, 8:08AM G:\GROUPDAT\ADMINRPT\2012\06-27\Appropriation.doc MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: J.4f. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: June 12, 2012 SUBJECT: CITY ATTORNEY ✓ CITY MANAGER Electronic Communications: 1) Implementation of an Employee Training Program 2) Modification of the E -Mail Auto Deletion Procedure RECOMMENDATION: The Legislative and Litigation Committee recommends implementation of an electronic communications training program and extension of the E -Mail auto deletion rule from 30 days to 90 days. BACKGROUND: The City's electronic communications policy has been discussed extensively by the Legislative and Litigation Committee over the past several months. As a result of those discussions, the Committee and staff concurred that the current e-mail retention policy should be strengthened and clarified. Staff was then directed by the Committee to report back with possible options. Staff suggested the implementation of a comprehensive training course to explain and reinforce the City's electronic communications policy and retention guidelines. The training is to be required for all City employees who utilize a computer as part of their job responsibilities and is intended to help employees understand what documents constitute public records, so they can better determine what types of emails they should save, using the various methods that are available to do so. The City already provides training on a variety of issues via the intranet system, which allows employees the opportunity to easily access and complete courses directly from their computers. It is a method that has proven to be reliable and efficient and allows staff to monitor and confirm that mandatory training has been properly completed. Staff suggested that the electronic communications training be conducted through the format described above and produced a draft script to subsequently be developed into an educational video. The Committee has reviewed the script and has recommended that staff proceed with production of the video and implementation of the training program, subject to approval by the City Council. The script, as presented to the Committee, is attached for the Council's review. In addition to the training program, the Committee also recommends that the current auto - deletion rule for e -mails be extended from 30 days to 90 days. Implementation would commence when approved by the City Council. Adm i n- Legand Lit- ElecCom m Policy - 081212. docx RKS MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: '1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director June 14, 2012 APPROVED DEPARTMENT HEAD Vi P CITY ATTORNEY CITY MANAGE Budgetary actions regarding 24th and Oak Street Intersection Impr emen , 24th Street Widening (TRIP) (Ward 2) and SR 178 at Morning Drive (TRIP) ( and 3 . 1. Appropriate $1,991,925 in Federal SAFETEA -LU funding to the Capital Improvement budget within the TRIP Federal /State fund for the/ above projects; and 2. Appropriate and transfer $258,075 Transportation Development fund balance to the TRIP Local Match fund for local match requirements associated with the above projects. RECOMMENDATION: Staff recommends approval of appropriations. BACKGROUND: While the Federal Thomas Roads grant funds were initially awarded in one congressional action, the actual "authorization to spend" is parceled out in segments by CalTrans as we move from one phase of a project to another. We recently received additional authorizations from CalTrans regarding the above referenced projects. These budgetary actions are necessary to properly account for the recently authorized funding from Caltrans and the necessary local match requirements to these funds regarding the three projects listed below: Project Name 24th and Oak Street 24th Street Widening SR 178 at Morning Drive Totals Federal Award $ 663,975 $ 663,975 $ 663,975 $ 1,991,925 Local Match Requirement $ 86,025 $ 86,025 $ 86,025 $ 258,075 NS June 15, 2012, 10:58AM S:Wdmin\Admin Reports\Admin - 24th Street Oak -24th Morning E -76 Admend june 27 2012.doc Total Fundina $ 750,000 $ 750,000 $ 750,000 $ 2,250,000 MEETING DATE: June 27, 2012 AGENDA SECTION: Consent Calendar ITEM: I.M. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HE/ DATE: June 15, 2012 CITY ATTORNI CITY MANAG SUBJECT: Budgetary Actions regarding Westside Parkway Phase 6A: 1) Appropriate $376,000 in Other Agency Share funds from Kern County Water Agency to the Public Works Capital Improvement Budget within the Capital Outlay Utility /Roads Fund for work on Westside Parkway project KCWA6A. (TRIP) (Ward 4); and 2) Appropriate $30,436 in Other Agency Share funds from Southern California Gas Company to the Public Works Capital Improvement Budget within the Capital Outlay Utility /Roads Fund for work on Westside Parkway project SCGC6A. (TRIP) (Ward 4) RECOMMENDATION: Staff recommends approval of the appropriations. BACKGROUND: The Westside Parkway phase 6 project includes the relocation of various utilities. One of these utilities is an overhead /underground electrical line owned and operated by Kern County Water Agency (KCWA). This electric line is within the City's right -of -way and while it will be relocated by the City's contractor, it will be done so at KCWA's expense. On July 13, 2011, the City entered into a reimbursement agreement with KCWA for the relocation of these electric lines. However, an appropriation was not done at that time. This appropriation is necessary to clearly separate out the expenses and identify the revenue source to cover the cost of relocating the electric lines. Similarly, on April 5, 2012, the City entered into a reimbursement agreement with Southern California Gas Company for the relocation of a 4 -inch diameter underground gas pipeline that is in conflict with the phase 6 project. An appropriation was not done at the time the agreement was approved. This appropriation is necessary to clearly separate out the expenses and identify the revenue source to cover the cost of relocating the gas pipeline. ISIS MEETING DATE: June 27, 2012 AGENDA SECTION: Successor Agency ITEM: g. if TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: June 14, 2012 CITY ATTORNEY 04 ;'oaef CITY MANAGER— ///*' / SUBJECT: Receive and file successor agency payments from May 25, 2012 to J e 14, , 2012 in the amount of $964,667.44. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: SAKim MADMIN — SA \COUNCIL- ADMIN- SA- 2012\ADMIN —SA 06- 27- 12.doc 1 MEETING DATE: June 27, 2012 AGENDA SECTION: Hearings ITEM: V•4• TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney June 5, 2012 DEPARTMENT HEAD ve_x CITY ATTORNEY CITY MANAGE Public hearing on Resolution of Necessity to determine the public necessity for acquisition of certain real property located at State I Morning Drive, Bakersfield, California (APN 434 - 010 -66) by eminent domain for the new Morning Drive /SR 178 Interchange. (TRIP) (Ward 3) 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 ProR2dy to be Acauired: The property to be acquired is legally described in Exhibit "I" to the attached Resolution of Necessity ("RON ") and Identified as Kern County Assessor's Parcel Number 434 - 010-66 (the "Property "). The Property is generally located in the northeast and southeast quadrants of the Project as reflected on the map attached to the RON. Rio Bravo Medical Campus LLC owns the Property. The Property is approximately 9,073 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. JHR:vI S: \COUNCIL \Admins \11 -12 Admins \RON Admin -Rio Bravo Medical.Docx MEETING DATE: June 27, 2012 AGENDA SECTION: Hearings ITEM: 9• b. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: June 7, 2012 CITY ATTORNEY CITY SUBJECT: Public hearing on Resolution of Necessity to determine the public interest Pnd 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. (TRIP) (Ward 3) 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 - 010-06 (the "Property "). The Property is generally located in the southwest quadrant of the Project as reflected on the maps attached to the RON. The Gables Trust, Philip A. Sigel, Trustee of The Gables Trust ( "The Gables 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:dII S: \COUNCIL \Admins \11 -12 Admins \RON Admin .Gables.Trust.178 &Morning.Docx MEETING DATE: June 27, 2012 AGENDA SECTION: Hearings ITEM: q•C. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD �G DATE: June 7, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Public hearing on Resolution of Necessity to determine the public i rest and necessity for acquisition of certain real property located at State Route 178 at Morning Drive, Bakersfield, California (APN #531 - 011 -21 formerly APN 531 -010- 55) by eminent domain for the new Morning Drive /SR 178 interchange. (TRIP) (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Proiect: 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 ProiDertv 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 531 - 011 -21 (formerly APN 531- 010 -55) (the "Property "). The Property is generally located in the northwest corner of future Vineland Road and State Route 178 of the Project as reflected on the maps attached to the RON. HCB MVB California, LLC owns the Property. The Property is approximately 20.021 acres in size, of which the Project would need 0.700 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. RI:dll S: \C0UNCIL \Admins \11 -12 Admins \RON Admin.HCB.MVB.Calif..Docx MEETING DATE: June 27, 2012 AGENDA SECTION: Hearings ITEM: q. J. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V& DATE: June 7, 2012 CITY ATTORNEY CITY MAN SUBJECT: Public hearing on Resolution of Necessity to determine the public interest and necessity for acquisition of certain real property located at State Route 8 at Morning Drive, Bakersfield, California (APN #533 - 012 -39) by eminent for the new Morning Drive /SR 178 interchange. (TRIP) (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Proiect: 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 Procertv 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 533 - 012 -39 (the "Property "). The Property is generally located north of Kern Canyon Road and south of State Route 178 of the Project as reflected on the maps attached to the RON. K. Hovnanian at Bakersfield 463, LLC, owns the Property. The Property is approximately 54.225 acres in size, of which the Project would need 5.447 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. RI:dll S:\COUNCIL\Admins\11-12Admins\RON Admin.K.Hovnanion.Docx MEETING DATE: June 27, 2012 AGENDA SECTION: Hearings ITEM: I.e. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 411 ' DATE: June 14, 2012 CITY ATTORNEY CITY MANAGER,ff/,---� SUBJECT: Public hearing on Resolution of Necessity to determine the public gerest and necessity for acquisition of certain real property located at State Route 178 at Morning Drive, Bakersfield, California (APN 531 - 011 -06; Previously 531- 010 -25) by eminent domain for the new Morning Drive /SR 178 Interchange. (TRIP) (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Prollect: 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 "I" to the attached Resolution of Necessity ( "RON ") and identified as Kern County Assessor's Parcel Number 531 - 011 -06 previously 531 - 010 -25 (the "Property "). The Property is generally located In the northeast quadrant of the Project as reflected on the map attached to the RON. Promotora Jardines del Eden Corporation. The Property is approximately 8.879 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. AH:vI SACOUNCUAdmins\ 11 -12 Admins \RON Admin -Rio Bravo Medical.Docx MEETING DATE: June 27, 2012 AGENDA SECTION: Deferred Business ITEM: Ma. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: June 20, 2012 SUBJECT: Fiscal Year 2012 -13 Budget: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 1. Resolution Approving and Adopting the Operating and Capital Improvement Budgets for the City of Bakersfield, California for the Fiscal Year 2012 -13 as Amended. 2. Resolution Establishing the City of Bakersfield Appropriations Limit for Fiscal Year 2012 -13. RECOMMENDATION: Staff recommends adoption of the resolutions and budget with the amendments as set forth in Exhibit "A ". BACKGROUND: Attached are the resolutions adopting the Fiscal Year 2012 -13 City of Bakersfield Operating and Capital Improvement Budgets which totals $535,410,000. The proposed budgets reflect the funding of the City's operating cost and the funding of various capital improvements, including street and road resurfacing, park and recreation facilities, and improvements to other City -owned facilities for the 2012 -13 Fiscal Year. The City of Bakersfield budgets total $535,410,000 with the Operating Budget, including transfers, totaling $400,816,702 and the Capital Improvement Budget totaling $134,593,298. The following are proposed staff changes to the budget originally presented: 1. After the budget was presented on May 9, 2012, staff received the latest quarterly sales tax figures. Due to negative year over year activity, combined with a lower than expected report in the previous quarter, staff has reduced its AT:ch S: \12- 13BUDPRO \Budget Admins, Resos \12 -13 Budget Adoption Admin - 062712.docx Page 2 projection for sales tax revenue growth for next fiscal year from 4 percent to 3 percent. 2. Due to the unanticipated termination of the animal control shelter land lease by the County of Kern (scheduled vacancy of October 2012); the City will be taking over City sheltering operations in the near future. This development required staff to formulate an operating budget which includes the net addition of seven additional City positions, operating costs and funds for one- time capital improvements to the existing facilities. The eight month operating budget totals $466,556. However, after factoring in 8 months of anticipated shelter revenue of $94,000, the net operating cost for sheltering operations is projected to be $372,556. The Capital Improvement Budget includes an additional $305,000 in one -time Capital Outlay Funds for various building improvements and equipment related costs. Because the projected establishment of City animal sheltering services will be mid -year, staff has budgeted for operating cost for approximately eight months. In FY 2013 -14, there will be an increase in the operating budget because staff will be budgeting for a 12 month operation. After taking into consideration 12 months of revenue estimates at $140,000, the projected 12 month operating cost for shelter operations is $560,900. 3. As a result of the sales tax decrease and as a result of various potential threats to City resources including the state budget status, post - redevelopment related legislation and other potential threats, staff analyzed all previously proposed positions for restoration and reduced proposed positions across many departments. Across all applicable departments and funds, the total amount of savings over the proposed budget is $806,140. This includes a savings to the General Fund of $660,803. The following are the list of positions by department which were removed from the staff recommended budget: Department Position City Attorney's Office Associate Attorney Police Department Police Dispatcher I Police Department Clerk Typist Police Department Police Service Technician Fire Department Account Clerk Public Works Service Main. Worker Public Works Service Main. Worker � A v r" e Page 3 ADMINISTRATIVE REPORT Public Works Fleet Mechanic II Public Works Fleet Service Worker Public Works Civil Engineer III Recreation and Parks Laborer Recreation and Parks Laborer The proposed budget included a projected City -wide personnel complement of 1,467. After taking into consideration the reduction of the previously listed 12 positions and the additional seven positions added for animal control sheltering operations, the total proposed complement City -wide now stands at 1,462. 4. During the budget process, staff analyzed City -paid employee insurance premium projections for currently vacant and proposed new positions. The analysis revealed projections for most vacant and proposed positions were higher than the average actual cost per employee. Staff reduced the projected amounts accordingly. Across all applicable departments and funds, the savings over the proposed budget is $385,757. 5. Due to the State Department of Finance's rejection of certain items which appeared on the Recognized Obligation Payment Schedule approved by the Oversight Board, staff transferred funds from HUD balance to the City's municipal debt service account in the amount of $222,000. This amount covers one loan in the amount of $81,051 that was included in the Proposed Budget, but had an interagency payment as its funding source. An additional loan amount, totaling $140,949 was not included in the Proposed Budget, as its status was pending at the State level - and ultimately rejected. This change carries two related actions: 1) an increase in the operating budget (debt service) by $140,949 and 2) an increase in interfund transfers of $222,000 to cover the debt service for both loans. 6. Preliminary reports have indicated the annual required contribution for retiree health costs will be reduced when a new actuarial is released in the near future. Although the exact amount is not known at this time, staff is assured reducing the appropriations for this item will not adversely impact the City or its required contributions. Furthermore, this reduction will assist in offsetting the increased animal control costs and a reduction in projected sales tax revenue. The retiree medical annual contribution amount in the General Fund is reduced by $470,668 There are additional proposed changes to the budget which are mainly administrative in nature and are summarized on Exhibit "A ". These items include Page 4 additional appropriations, interfund transfers, reductions to certain line items due to previous Council action and adjustments due to incorrect budget entry during the preparation of the proposed budget. Appropriations Limit The resolution adopting the Fiscal Year 2012 -13 Appropriations Limit of $301,695,566 is also included with this Administrative Report for Council consideration and adoption as required by State law. The City's appropriations which are subject to the limit total $132,517,370. Therefore, the proposed appropriations are significantly below the maximum limit allowed by State law. State Legislative Update and Economic Environment Overview It is important to note that as of the date of this report, the State still faces an unclear budget picture with its budget dependent on future votes of the people, union negotiations and other contingent circumstances. Therefore, the City's budget as proposed may be subject to change as the State may consider a number of actions which will impact the City including further potential obligation requirements related to Successor Agency activities. There are separate non -state related items which may impact the budget - including future sales tax receipts and the launch of the City's animal sheltering operations. Staff has prepared a recommended budget which reflects the City's fiscal environment as we know it today - issues may arise throughout the fiscal year which will need to be addressed if and when they occur! Attachments Exhibit "A" ADMINISTRATIVE REPORT y74la[�li3,,, 0 MEETING DATE June 27, 2012 AGENDA SECTION: Closed Session ITEM: 1q.4. TO: FROM: DATE: SUBJECT: VG:Isc Honorable Mayor and City Council Virginia Gennaro, City Attorney June 19, 2012 -;• DEPARTMENT HEAD. CITY ATTORNEY v CITY MANAGER Conference with Labor Negotiator pursuant to Government Code section 54957.6. S: \COUNCIL \CI Sess\Admins\ 11-1 2\6-27-12LaborNeg.docx ADMINISTRATIVE REPORT MEETING DATE: June 27, 2012 AGENDA SECTION: Closed Session ITEM: 1q. TO: FROM: DATE: SUBJECT: VG:Isc Honorable Mayor and City Council Virginia Gennaro, City Attorney June 19, 2012 APPROVED A9 DEPARTMENT HEAD CITY ATTORNEY CITY MAN Conference with Legal Counsel — Potential Litigation Closed session pursuant to subdivision (b) (3) (A) of Government 54956.9 (three matters). S: \COUNCIL \CI Sess \Admins\ 1 1 -12 \6-27- 12PotLit.docx BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 6, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Couch, Councilmembers Salas, Benham, Weir, Hanson, Sullivan, Johnson Absent: None Administrative Assistant Lawrence announced that, at the request of staff, Agenda Item 8.e. was pulled; and, at the request of the City Attorney, Agenda Item 10. b. was pulled. 2. INVOCATION by Rabbi Shmuel Schlanger, Chabad of Bakersfield. 3. PLEDGE OF ALLEGIANCE by Samuel Baldovinos, 4th grade student at Country Christian School. Mayor Hall acknowledged the students from the California State University, Bakersfield Communications class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to John Enriquez, declaring June 14, 2012, Friend of the Fox Day. Rick Davis, President of the Fox Foundation, accepted the Proclamation and made comments. b. Presentation by Mayor Hall of a Proclamation to Mike Scott, declaring June 18, 2012, Motorcycle and Scooter Ride to Work Day. Mr. Scott accepted the Proclamation and made comments. ACTION TAKEN Bakersfield, California, June 6, 2012 - Page 2 5. PUBLIC STATEMENTS ACTION TAKEN a. Ricky Keel, with Fence Menders, spoke regarding his concerns that tons of fruit do not get picked, fall to the ground and spoil; and he recommended starting a program to recover and recycle the fruit for the Homeless Center and others in need. b. Cydney Henderson asked the City Council to introduce a resolution to overturn the Citizens United decision taken by the Supreme Court, which deemed that corporations are people and they, therefore, have the same civil rights. C. Terry Phillips asked the City Council to consider passing a resolution stating that Bakersfield is not going to allow money to be the most important factor in our democracy. d. Arthur Unger, with the Kern Kaweah Chapter of the Sierra Club, requested that the City Council ask our Congressional representatives to reverse the decision of Citizens United vs. The Federal Elections Commission. 6. WORKSHOPS a. Department Budget Presentations: City Attorney's Office City Attorney Gennaro made staff comments and provided a PowerPoint presentation. 2. Recreation and Parks Department Recreation and Parks Director Hoover made staff comments and provided a PowerPoint presentation. Counciimember Weir asked staff to took at opportunities where we could contract out, or outsource, some of the activities that go under routine maintenance, etc., and report back. Bakersfield, California, June 6, 2012 - Page 3 6. WORKSHOPS ACTION TAKEN Item 6.a. continued 3. Economic and Community Development Department Economic Development Director Kunz made staff comments and provided a PowerPoint presentation. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 23, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from May 11, 2012 to May 24, 2012 in the amount of $14,194,103.02 and self- insurance payments from May 11, 2012 to May 24, 2012 in the amount of $278,063.00, totaling $14,472,166.02. Ordinances: C. Adoption of Ordinance approving a Negative ORD 4682 Declaration and amending the Official Zoning Map in 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) on 9.88 acres located at the northeast corner of Panama Lane and Ashe Road (ZC # 11 -0418 - McIntosh & Associates, representing JEC Panama, LLC, the property owner). (FR 05/23/12) d. Adoption of Ordinance amending the Official ORD 4683 Zoning Map in Title 17 of the Municipal Code by changing the zone district from PUD (Planned Unit Development) to A (Agriculture) on approximately 40 acres, located one -half mile south of East Panama Lane along the east side of Cottonwood Road (ZC # 12 -0023 - property owner, City). (FR 05/23/12) 8. Bakersfield, California, June 6, 2012 — Page 4 CONSENT CALENDAR continued Resolutions: e. Resolution adopting a policy establishing standards for development at Taft Highway (State Route 119). f. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. g. Resolution approving the destruction of certain obsolete City record, documents, instruments, books and papers, pursuant to Section 34090 et seq. of the California Government Code. (Finance Department) h. Resolution adopting sewer connection fees pursuant to Section 14.12.380 of the Municipal Code. i. Resolution providing for the collection of residential refuse fees by the Kern County Auditor - Controller's Office. j. Resolution providing for the collection of sewer and storm sewer service user fees by the Kern County Auditor - Controller's Office. k. Proposed Bond Refunding of Selected Assessment District Bonds: Resolution of the City to approve the form and substance of a Reimbursement Agreement with California Statewide Communities Development Authority ( CSCDA) for District Formation and Declaring its preliminary intention to refund specified limited obligation bonds, and appointing an Underwriter, Bond Counsel and Authorizing staff to work with the CSCDA to hire a Reassessment Engineer to prepare a report thereon. ACTION TAKEN REMOVED BY STAFF RES 047 -12 RES 048 -12 RES 049 -12 RES 050 -12 RES 051 -12 REMOVED FOR SEPARATE CONSIDERATION 8. Bakersfield, California, June 6, 2012 — Page 5 CONSENT CALENDAR continued Item 8.k. continued 2. Transfer $10,000 council contingency funds and transfer $60,000 savings from the elections account to the professional consulting line item within the non - departmental budget in the General Fund. Agreements: On Call maintenance services at Wastewater Treatment Plant No. 2 and No. 3: 1. Agreement with Crider Construction, Inc. (not to exceed $200,000), for the services. 2. Agreement with Flo- Systems, Inc. (not to exceed $200,000), for the services. M. Design of Manor Street Bridge Retrofit Project at Kern River: 1. Agreement with WKE Inc. ($59,900.00), for the project. 2. Appropriate $53,118 Federal Seismic Retrofit and Bridge Rehabilitation funds to the Public Works Department's Capital Improvement budget within the SAFETEA -LU Fund. n. Kern River Interests Cost Sharing Agreement relating to United States Army Corps of Engineers Restrictions on use of Isabella Reservoir Storage Space (City's pro -rata share not to exceed $42,0000). o. Amendment No. 2 to Agreement No. 11 -065 with Wholesale Fuels Inc. ($40,000; revised not to exceed $120,000 and extends term 1 year), to continue the supply of propane. P. Amendment No. 3 to Agreement No. 10 -080 with Commercial Cleaning Systems, Inc. ($43,372; revised not to exceed $130,116 and extends term 1 year), to allow continuance of the annual contract for janitorial maintenance of City Hall North. ACTION TAKEN AGR 12 -071 AGR 12 -072 AGR 12 -073 AGR 12 -074 AGR I1- 065(2) AGR 10- 080(3) [1 Bakersfield, California, June 6, 2012 - Page 6 CONSENT CALENDAR continued ACTION TAKEN q. Westside Parkway Engineering Design Services: (TRIP) 1. Approve Amendment No. 5 to Agreement AGR 07- 082(5) No. 07 -082 with AECOM USA, Inc. ($950,000; revised not to exceed $16,606,684), for the project. 2. Appropriate $950,000 Gas Tax Fund Balance to the Public Works Capital Improvement budget within the Gas Tax fund. Contract Change Order Nos. 4, 5, 6, 11 and 12 AGR 11 -011 to Agreement No. 1 1 -01 1 with MGE CC04, CCO5, Underground, Inc. (a credit of $59,875.67; CC06, CCO11, revised not to exceed $4,663,473.98) for the CCO12 construction of the Westside Parkway Phase 6A Project. (TRIP) Bids: S. Accept bid and approve contract with AGR 12 -075 Bowman Asphalt, Inc. ($305,962), for the street widening project located at Buena Vista Road, Vista Ridge Drive to White Lane. t. Purchase of GPS Survey Equipment: 1. Accept bid from Absolute Accuracy, Inc. ($47,851.20), for the Public Works Department, Construction Engineering Division. 2. Appropriate and transfer $47,860 General Fund balance to the Public Works Department's Operating budget within the Equipment Management Fund. U. Lighting Retrofit at the Rabobank Arena and Convention Center: 1. Accept bid and approve contract to A -C AGR 12 -076 Electric Company, ($197,874) for the project. 2. Approve loan documents from Pacific Gas and Electric Company (P.G. & E.) in the amount of $197,874 to fund the project. Bakersfield, California, June 6, 2012 — Page 7 8. CONSENT CALENDAR continued Item 8.u. continued 3. Appropriate $197,874 loan proceeds to the Public Works Capital Improvement budget within the Capital Outlay Fund for the project. Miscellaneous: V. Authorize the Finance Director to write off accounts receivable in various funds totaling $98,652.76 and forward non bankrupt accounts to a collection agency for additional collection efforts. Successor Agency Business: W. Receive and file Successor Agency payments from May 11, 2012 to May 24, 2012 in the amount of $81,595.72. Administrative Assistant Lawrence announced that revised backup documentation was received on item 8.e. Counclimember Weir asked that item 8.k. be removed for separate consideration. ACTION TAKEN Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar Items 8.a. through 8.w., with the deletion of Item 8.e., and the removal for separate consideration of item 8.k. k. Proposed Bond Refunding of Selected Assessment District Bonds: Resolution of the City to approve the form RES 052 -12 and substance of a Reimbursement Agreement with California Statewide Communities Development Authority ( CSCDA) for District Formation and Declaring its preliminary intention to refund specified limited obligation bonds, and appointing an Underwriter, Bond Counsel and Authorizing staff to work with the CSCDA to hire a Reassessment Engineer to prepare a report thereon. 8. 9. Bakersfield, California, June 6, 2012 — Page 8 CONSENT CALENDAR continued Item 8.k. continued 2. Transfer $10,000 council contingency funds and transfer $60,000 savings from the elections account to the professional consulting line item within the non - departmental budget in the General Fund. Motion by Councilmember Weir to adopt Consent Calendar item 8.k. CONSENT CALENDAR PUBLIC HEARINGS a. Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2012 -2013 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of resolution.) b. Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2012 -2013 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of resolution.) C. Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for seventeen (17) Traffic Signal Maintenance Districts and the 2012 -2013 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of resolution.) d. Public Hearing to consider the proposed expenditure plan for the 2010 -12 Supplemental Law Enforcement Services Funding (S.L.E.S.F.). (Staff recommends approval of the proposed expenditures and appropriations.) 1. Appropriate $5,200 State Grant revenues to the Police Operating budget within the S.L.E.S.F. Fund. ACTION TAKEN APPROVED RES 053 -12 RES 054 -12 RES 055 -12 Bakersfield, California, June 6, 2012 - Page 9 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN Consent Calendar Public Hearings opened at 6:29 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. through 9.d. 10. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Existing REMOVED BY STAFF Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Mohamad Harb, et al. v. City, KCSC Case No. S- 1500 -CV- 265887 SPC. Motion by Vice -Mayor Couch to adjourn to Closed Session at 6:29 p.m. Motion by Councilmember Weir to adjourn from Closed Session at 6:42 p.m. RECONVENED MEETING AT 6:59 p.m. 11. CLOSED SESSION ACTION NO REPORTABLE a. Conference with Labor Negotiator pursuant to ACTION Government Code Section 54957.6. 12. REPORTS a. Resolution adopting a Mitigated Negative RES 056 -12 Declaration in accordance with Section 15074 of the California Environmental Quality Act (CEQA) Guidelines and approval of the mitigation monitoring program prepared in compliance with California Public Resources Code Section 21081.6 for State Route 58 (Rosedale Highway) Widening Project. (TRIP) Public Works Director Rojas made staff comments and recommended adoption of Resolution certifying the Mitigated Negative Declaration, adoption of the mitigation monitoring program and selection of the Build Alternative. Motion by Vice -Mayor Couch to adopt the staff APPROVED recommendation. Bakersfield, California, June 6, 2012 — Page 10 12. REPORTS ACTION TAKEN b. Department Budget Presentations: 1. Convention and Visitors Bureau Convention and Visitors Bureau Manager Lyman made staff comments and provided a PowerPoint presentation. Councilmember Johnson asked staff to provide a breakdown of the budget allocations to him in the form of an a -mail. 2. Rabobank Arena /SMG SMG / Rabobank Arena, Theater & Convention Center /SMG /Bright House Networks Amphitheatre /San Joaquin Community Hospital Ice Center of Bakersfield General Manager Neal made staff comments, provided a PowerPoint presentation, and showed a short video. 3. Water Resources Department Water Resources Manager Chianello made staff comments and provided a PowerPoint presentation. 13. HEARINGS a. Public Hearing for the Fiscal Year 2012 -2013 Operating and Capital Improvement Program Budgets. City Manager Tandy made staff comments and recommended Council hear public testimony. Hearing opened at 7:49 p.m. No one spoke. Hearing closed at 7:49 p.m. 14. DEFERRED BUSINESS None. 15. NEW BUSINESS None. Bakersfield, California, June 6, 2012 - Page 11 16. COUNCIL AND MAYOR STATEMENTS Councllmember Hanson advised he had three requests to pass along to staff for follow up. Councilmember Hanson congratulated Councilmember Salas, Vice -Mayor Couch, and Mayor Hall for their election victories. Councllmember Benham asked staff to look at the possibility of getting a new site for the entrance sign on the north side of the City that is as attractive as the one on the south end. Councilmember Salas asked staff to provide a status update on the alley at El Serrano and South Chester that Is being used as a dumpster and looks like it was burnt at some point. Councilmember Sullivan asked staff to work it into the budget to get the artificial turf completed on Stine Road near Ridgeview High School. Councilmember Sullivan thanked San Joaquin Community Hospital for the donation to fund the Movies in the Park again this year. Councilmember Sullivan advised that she had previously mentioned to staff about looking into the brightness of the lit signs to compare those and determine the least amount of brightness necessary, and that she had received a complaint about one of the signs this week. Vice -Mayor Couch advised he would like to have a conversation later with staff regarding a sewer fee increase by the North of the River Sanitation District, which was quite high. Vice -Mayor Couch congratulated Mayor Hall on his victory in becoming the longest serving mayor in the City of Bakersfield's history; he congratulated Councilmember Salas, as well, and wished him luck; he thanked Councilmembers Johnson and Benham, and Mayor Hall for their support in his campaign; and he expressed his appreciation to the staff who were very helpful during the last few months. ACTION TAKEN Bakersfield, California, June 6, 2012 - Page 12 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Vice -Mayor Couch advised that, while there are about 20,000 ballots still to be counted by the County of Kern, and in the event that the vote count does not change dramatically and it does not alter the winner of the District 4 Supervisorial election, he read the following statement into the record: "I, David Couch, the duly elected Councilmember of Ward 4 for the City of Bakersfield, County of Kern, State of Callfomla, hereby declare that 1 shall vacate my Councilmember seat either at or before the Bakersfield City Council meeting at which time the elected Councilmembers from the November 2012 General Election are sworn In by the Bakersfield City Clerk. I understand and agree that In making this declaration at this time, the City Council shall adopt a Resolution declaring a vacancy In Ward 4 in December 2012, and direct the City Clerk to accept Nomination Papers for the November 2012 General Election. I further understand and agree that this is an Irrevocable Intent to vacate my Councilmember seat, assuming the vote count doesn't change. 1 declare under penalty of perjury that the above is true and correct, and It would be executed today, June 6'h, in Bakersfield, Kern County, California." Mayor Hall announced that he was very pleased with the re- election and looks forward to continuing to serve as he has for the last 12 years; he congratulated Vice -Mayor Couch on his election; and congratulated Councilmember Salas on his first round, and wished him success in the General Election. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 7:59 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield