HomeMy WebLinkAbout10/17/12_CC_AGENDA_PACKETo
I. rm�/ BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF OCTOBER 17, 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 Hayward Cox, Church of God.
3. PLEDGE OF ALLEGIANCE by Joseph Klopfenstein, 31d grade student at Bimat Elementary
School.
4. PRESENTATION
a. Presentation by Mayor Hall of a Proclamation to Andie Apple and Kristie Coons,
Co- Coordinators of One Book, One Bakersfield, One Kern, declaring September
through November "One Book, One Bakersfield, One Kern, 2012 Months ".
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 26, 2012 Regular City Council Meeting.
Payments:
b. Receive and file department payments from September 14, 2012 to October 4, 2012
in the amount of $17,480,366.52 and self- insurance payments from September 14,
2012 to October 4, 2012 in the amount of $400,109,40, totaling $17,880,475.92.
Ordinances:
(Ward 3,4) C. Adoption of Ordinance amending Municipal Code Sections 1. 12.030 and 1. 12.040
by adding Annexation No. 635 consisting of 17.33 acres, located south of Olive Drive
between Knudsen Drive and Landco Drive to Ward 3, and Annexation No. 637
consisting of 10,45 acres, located along the north side of Rosedale Highway and
west of Calloway Drive, to Ward 4.
Resolutions:
d. Resolution adopting an amended Conflict of Interest Code for City Departments.
(ward i) e. Resolution approving Cultural Resource Designation and for placement on the
Bakersfield Register of Historic Places for property located at Union Cemetery, King
Street and Potomac Avenue - Pioneers Section.
8. CONSENT CALENDAR continued
f. 2013 Health Care Contracts:
Resolution identifying vendors, healthcare plans and setting rates for Citywide
Health Insurance Plans for eligible active and retired employees.
(Ward 1) g. Resolution approving the submission of an application to the California Department
of Transportation for matching state funding for three specific improvement projects
at the Bakersfield Municipal Airport under Airport Improvement Program
Project No. 3 -06 -0323- 016 -2012 and authorizing the City Manager or his designee to
execute all necessary documents.
h. Resolution determining that the Chief of Police is appointed as agent authorized to
execute Memorandums of Understanding with the Kern allied agencies participating
in the Kern AVOID 18 project funded by a grant from the California Office of Traffic
Safety.
(Ward 1) i. Replacement of equipment at Wastewater Treatment Plant No. 2:
Resolution determining that certain Fairfield bar rake and rollers at
Wastewater Treatment Plant No. 2 cannot be obtained through the usual
bidding procedures because of the need to integrate into existing Fairfield
bar screen system and authorizing the Finance Director to dispense with
bidding therefor, not to exceed $80,000
2. Appropriate $80,000 Sewer Enterprise Fund balance (Wastewater Treatment
Plant No. 2) to the Public Works Department's Capital Improvement budget
for replacement of bar rake and rollers.
(Ward 7) j. Sewer connection fee assessments for 4909 Corrine Street:
1. Resolution confirming assessments for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector.
2. Agreement with Boyce R. Clark, to pay sewer connection fee in installments
and notice of special assessment lien.
(Ward 1) k. Sewer connection and construction fees assessments for 10 N. McDonald Way:
1. Resolution confirming assessments for sewer connection and construction fees
and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with Ambrosio and Josefina G. Castaneda, to pay sewer
connection and construction fees in installments and notice of special
assessment lien.
(ward 2) I. Resolution forming a Traffic Signal Maintenance District designated as TS -22 (2615-
2700 Chester Avenue) and adopting, confirming and approving the Public Works
Director's Report.
(Ward 5,7) M. Resolutions adding the following territories to the Consolidated Maintenance District
and approving, confirming, and adopting the Public Works Director's Report for and
authorizing collection of assessments by the Kern County Tax Collector:
1. Area 3 -86 (E of SE corner of Panama Lane and Old River Road)
2. Area 5-64 (9001 So. H Street)
2 City Council Meeting of 10/17/2012
8. CONSENT CALENDAR continued
(Ward 6) n. Resolution of Intention adding the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report for each:
1. ROI No. 1728 adding Area 2 -51 (7301 District Blvd)
2. ROI No. 1729 adding Area 2 -52 (5551 District Blvd)
(Ward 2) o. Resolution of Intention No. 1723 ordering the vacation of alley and access easement
located between 27th and 28th Streets, east of Chester Avenue and the access and
public utility easements located on 27th Street between Chester Avenue and the
alley to the east.
Agreements:
(Ward 3) P. Agreement with Clifford and Brown for legal services (not to exceed $75,000) in
connection with the acquisition of easements required by the conditions of Tentative
Parcel Map 11894.
(Ward 2) q. Agreement with SMG (not to exceed $60,000) for reimbursement of costs associated
with renting Rabobank Arena for the Christian Congregation of Jehovah's Witnesses
2013 conventions.
(Ward 2) r. Agreement with Housing Authority of Kern County ($208,960) for the Baker Street
Commercial Incentive Program Community Development Block Grant Project.
(Ward 3) S. Agreement with Saleh Hawatmeh ($225,500) to purchase real property at the
northwest corner of Morning Drive and State Route 178 for the Morning Drive
Interchange Project. (TRIP)
(Ward 1,6) t. Agreements with the following for on -call maintenance services at Wastewater
Treatment Plants No. 2 and No. 3:
Centrisys Corporation (not to exceed $100,000)
2. Advanced Combustion and Process Controls, Inc. (not to exceed $100,000)
U. Amendment No. 1 to Agreement No. CA 12 -006 with George F. Martin of Borton
Petrini, LLP ($40,000; revised not to exceed $100,000), to provide outside legal
services in matters related to tax and contract issues involving the County of Kern.
(Ward 4) V. Amendment No. 1 to Agreements with the following property owners to pay sewer
connection and construction fees in installments through the Kern County Tax
Collector:
1. Agreement No. 11 -130 - Richard E. & Beverly J. Laughman, 7500 Kimberly Ave.
2. Agreement No. 11 -131 - Donald C. & Victoria L. Rambo, 7512 Hooper Ave.
3. Agreement No. 11 -132 - Bill C. & Norma J. Johnson, 8001 Kimberly Ave.
4. Agreement No. 11 -133 - James P. & Kathleen A. Webdell, 7609 Kimberly Ave.
5. Agreement No. 11 -134 - Thomas H. & Linda Meek, 7509 Hooper Ave.
6. Agreement No. 11 -135 - Christopher D. & Pamela J. Hillis, 7901 Hooper Ave.
7. Agreement No. 11 -136 - Kelsie R. Gates, 7509 Kimberly Ave.
8. Agreement No. 11 -137 - Jerry Vern & Lynda L. Karr, 7504 Kimberly Ave.
9. Agreement No. 11 -138 - Roger D. & Linda K. Reed, 7703 Kimberly Ave.
10, Agreement No. 11 -139 - Lawrence M. & Lorraine Okumoto, 7805 Kimberly Ave.
3 City Council Meeting of 10/17/2012
8. CONSENT CALENDAR cont.
(Ward 3) W. Amendment No. 2 to Agreement No. 10 -155 with Advanced Earth Sciences, Inc.
($110,000; revised not to exceed $560,000), for geotechnical services for the
Bakersfield Sanitary Landfill Closure Project to provide services during the duration of
the construction phase of the Landfill Project.
(Ward 3) X. Amendment No. 3 to Agreement No. 10 -075 with GC Environmental, Inc. ($135,000;
revised not to exceed $1,485,000), for landfill gas system services for the Bakersfield
Landfill Closure Project to provide services during the duration of the construction
phase of the project.
Y. Amendment No. 3 to Agreement No. 09 -171 with Amber Chemical, Inc. (extending
term one year), to continue the supply of pool chemicals.
Z. Amendment No. 1 to Agreement No. 11 -166 with Boething Treeland Farms, Inc.
($75,000; revised not to exceed $150,000 and extends term one year), to continue
the supply of plants and shrubs,
(Ward 2,4,5) aa. Amendment No. 3 to Agreement No. 09 -058 with Nolte Associates Inc. ($1,668,727.20;
revised not to exceed $8,201,648.13), for construction management services for the
Westside Parkway Phase 2 Project. (TRIP)
(Ward 4) bb. Amendment No. 2 to Agreement No. 05 -181 with Rosedale Rio Bravo Water Storage
District for the exchange of additional properties to facilitate the construction of the
Westside Parkway Phase 6B and 6C Projects. (TRIP)
cc. Amendment No. 1 to Agreement No. 11 -100 with Parsons Transportation Group
($12,900,004; revised not to exceed $40,565,819, 88.53 %) for additional professional
services to advance the preliminary engineering in support of the Caltrans project
approval process and to allow the accelerated delivery of the Centennial Corridor
Loop (SR 58 Connector) Project. (TRIP)
(Ward 2,4,5) dd. Contract Change Order Nos. 10 and 65 to Agreement No. 09 -076 with Security
Paving Company, Inc.($86,605; revised not to exceed $87,547,943.95; funded with
traffic impact fees), for the construction of the Westside Parkway Phase 2 project.
(TRIP)
(Ward 2) ee. Contract Change Order No. 5 to Agreement No. 10 -168 with Security Paving
Company, Inc. ($328,388.62; revised not to exceed $22,755,512.71; funded with
traffic impact fees), for construction of the Westside Parkway Phase 4 Project. (TRIP)
Bids:
(Ward 2) ff. Reject bid for Decorative Lighting Streetscape Improvements at California Avenue,
P -Q Streets.
gg. Reject bids for two replacement full size two wheel drive crew cab pickup trucks for
use by the Fire Department.
(Ward 2) hh. Accept bid with Alinc Technologies, LLC ($47,876.40), for three SQL server
replacements for the Information Technology Division.
4 City Council Meeting of 10/17/2012
8. CONSENT CALENDAR cont.
(Ward 6) ii. Traffic Signal and Lighting System Installation at Panama Lane and Reliance Drive:
Accept bid and approve contract with Loop Electric, Inc. ($151,965.50), for
the project.
2. Appropriate $10,000 Transportation Development Fund balance to the Public
Works Department's Capital Improvement budget.
Miscellaneous:
(Ward 3) jj. Demolition of Structures at 4301 Chester Avenue:
1. Approval of a project to demolish six structures on property recently
purchased by City within the Kern River Parkway for an amount not to exceed
$100,000.
2. Appropriation of $1 00,000 Agricultural Water Fund Balance to the Water
Resources Department Capital Improvement budget to perform the project.
ird 3) kk. Appropriate and transfer $110,000 Transient Occupancy Taxes Fund balance to the
Public Works Department's Capital Improvement budget within the Capital Outlay
Fund for utility relocation work for the Hosking Avenue Interchange Project,
II. Appropriate $260,000 Federal Grant Revenues to the General Fund Police Operating
budget to fund the Kern Avoid the 18 DUI Campaign.
mm. Appropriate $44,443 Federal Grant Revenues to the General Fund Police Operating
budget to fund the "A Life Interrupted" Program.
nn. Appropriate $9,238 Federal Grant Revenues from US Department of Homeland
Security to the Fire Department Operating budget within the General Fund for
televised Public Service Announcements on Carbon Monoxide Poisoning.
oo. Revised job specifications for Light Equipment Operator and Heavy Equipment
Operator, Motor Sweeper Operator and Sewer Maintainer II and Sewer Maintainer III.
Successor Agency Business:
pp. Receive and file successor agency payments from September 14, 2012 to
October 4, 2012 in the amount of $588,870.13.
Staff recommends adoption of Consent Calendar items 8. a. through 8. pp.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
11. REPORTS
5 City Council Meeting of 10/17/2012
12. DEFERRED BUSINESS
a. Review and comments on the Revised Draft Environmental Impact
Statement /Report for the California High Speed Rail Project, and direct the City
Attorney to retain outside counsel for the purpose of Authorizing Initiation of Litigation
against the High Speed Rail Authority.
Staff recommends acceptance of the report.
The City Attorney's Office recommends that Council consider a motion directing the City
Attorney to retain outside counsel for the purpose of Authorizing of Litigation against the
High Speed Rail Authority on the grounds that said Revised DEIS/EIR fails at a minimum, to
comply with the California Environmental Quality Act (CEQA).
13. NEW BUSINESS
a. Resolution exempting the City from prevailing wage requirements for locally funded
public works contracts, except where required by law.
Staff recommends adoption of resolution.
14. CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(3)(A) of Government Code Section 549569 (one matter).
b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section 54956.9 (four potential cases).
RECESS TO CLOSED SESSION
15. CLOSED SESSION ACTION
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
10/ 10/ 12 11:20am
Respectfully submitted,
X
Alan Tandy
A-1 City Manager
6 City Council Meeting of 10/17/2012
AGENDA HIGHLIGHTS
October 17, 2012 COUNCIL MEETING
Item 8f. 2013 Health Care Contracts. The City's health care package is up for renewal for
the 2013 plan year. The overall rate renewal package continues to support the goal to
maintain or reduce premium costs and to continue to reduce the City's unfunded retiree
health care liability. A significantly positive note related to the later is that a favorable active
employee claim experience from the past year has resulted In $1.6 million balance over the
required reserves in the Anthem Blue Cross Rate Stabilization Fund. Depositing those funds
into the Retiree Medical Irrevocable Trust Fund will not only completely address the remaining
balance in outstanding contributions, but will result in a fund balance of approximately $1
million above and beyond the required contribution amount. The Insurance Committee and
Personnel Committee have approved the proposals and staff is recommending approval of
a resolution which identifies the vendors, plans, and rates for the City's health care benefit
package for the 2013 plan year.
Item 12a. Revised Draft Environmental Impact Report/Statement for the California High
Speed Rail Project, The HSR Authority released their revised Draft EIR for the proposed Fresno -
Bakersfield project segment in July. The 60 -day public comment period (extended for 30
days) will end on October 19, 2012. As stated in the staff report, the revised Draft EIR includes
no attempt, whatsoever, to address the long list of negative impacts that the metro
Bakersfield area would experience as a result of the project. The effects are for too lengthy
to list in detail here, but, in summary, include: damage to critical City facilities and assets with
the very real potential for major financial and operational impacts; route conflicts that would
cause irreparable harm to the TRIP program, particularly the Centennial Corridor, which is the
"centerpiece" for all of the projects, and the Westside Parkway, which is in the later stages of
construction; complete removal of at least one of the South Mill Creek projects and negative
impacts to the entire project area; major disruption and in some cases, destruction, of
numerous private businesses and entities, including major impacts to Bakersfield High School
and Mercy Hospital, among many more significant effects that can not be understated, but
continue to be ignored by the Authority. Given their utter lack of responsiveness in
addressing the countless issues that would result from their proposed project route, there is no
choice, but to recommend legal action against the Authority. It should also be noted that
while the Authority has an agreement with the City of Fresno to provide $4.6 million to help
them with the complex issues that will affect area businesses there, they have not extended
such an offer of assistance to Bakersfield. However, upon learning of the Fresno agreement,
staff submitted a request for similar assistance from the Authority. At the time of this writing,
they have yet to respond.
Item 13a. Prevailing Wage Requirements for Locally Funded Public Works Projects. In July,
the California Supreme Court ruled that charter cities can exempt themselves from paying
prevailing wages on public works projects that are locally funded and not considered a
statewide concern, citing that wage levels of contract workers are a "municipal affair ". As
several other charter cities have recently done, the Council can now adopt a resolution
exempting the City of Bakersfield from prevailing wage requirements for locally funded
public works projects. This agenda item includes a proposed resolution for Council's
consideration that would exempt the City from prevailing wage, unless: prevailing wage is
required by federal or state grant terms; the public works project is a state -wide concern; or
payment of prevailing wage is separately authorized by the Council. It should be noted that
the major projects the City is involved in would remain subject to prevailing wage. However,
there are certain projects that are accomplished with 100% local funding (generally, funded
with Enterprise Funds and traffic impact fees) and do not include Federal or State funding, so
they would be eligible under the Court's ruling. Because the project characteristics,
including labor costs, can vary greatly, it is difficult to assign an average savings. To assist in
the analysis of this issue, staff conducted an informal survey of contractors who have
constructed various types of projects for the City to get an estimate of their labor costs.
Based on the information received, examples of different types of eligible projects were
calculated to show the potential savings if they were constructed without having to pay
prevailing wage. Not surprisingly, this issue is the subject of much debate, both pro and con,
which the Council will wish to consider in weighing this proposal. Therefore, in addition to the
staff analysis attached to the administrative report, also included is a considerable amount
of documentation authored by various outside parties on both sides of the issue.
There will be a conference with legal counsel regarding one matter of potential litigation
and four matters of potential initiation of litigation.
Approved:
Alan Tandy, City Manager 4r
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - October 17 Council Meeting
Page 2
MEETING DATE: October 17, 2012 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: October 4, 2012
APPROVED
DEPARTMENT HEAD-KT k
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Andie Apple and Kristie Coons, Co-
Coordinators of One Book One Bakersfield One Kern, declaring September
through November "One Book, One Bakersfield, One Kern, 2012 Months" in
Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
October 5, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY.
CITY MANAGER _&
Approval of Minutes of the September 26, 2012 Regular City Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /*'
DATE: October 4, 2012 CITY ATTORNEY Act--
CITY MANAGER_ ..S
SUBJECT: Receive and file department payments from September 14, 2012 to October 4,
2012 in the amount of $17,480,366.52, Self Insurance payments from September
14, 2012 to October 4, 2012 in the amount of $400,109.40, totaling $17,880,475.92
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
October 4, 2012, 3:18PM
SAKim G\ADMIN \COUNCIL - ADMIN- AP- 2013\ADMIN —AP 101712.doc
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: September 25, 2012
CITY ATTORNEY P4
CITY MANAGER
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections 1.12.030
and §1.12.040 by adding Annexation No. 635 consisting of 17.33 acres located
south of Olive Drive, between Knudsen Drive and Landco Drive to Ward 3, and
Annexation No. 637 consisting of 10.45 acres located along the north side of
Rosedale Highway, generally west of Calloway Drive to Ward 4. (Wards 3 & 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on September 12, 2012.
This ordinance amends the ward boundaries to include Annexation Nos. 635 and 637 into their
corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 635 is located south of Olive Drive, between Knudsen Drive and Landco Drive.
The annexation territory consists of 17.33 acres. The property owners (Tom & Lisa Carosella and
James & Tianna Lundy) requested annexation to allow development of a 42,405- square foot
retail commercial center. This area will be included into Ward 3.
Annexation No. 637 is located along the north side of Rosedale Highway west of Calloway Drive.
The annexation territory includes four parcels and the right -of -way for Rosedale Highway to
Verdugo Lane and consists of 10.45 acres. The annexation territory (owned by Cohn Living Trust
and Martha Richardson Living Trust) is fully developed with two small shopping centers, a bulk
landscape materials yard, and various small service- oriented businesses. This area will be
included into Ward 4.
JE:dl
S:\ Annexation \Ordinances \2012 \Admin adopt -10 -17 635 & 637.doc
BA
OF o +r S
U ADMINISTRATIVE REPORT
10
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
October 4, 2012
APPROVED
DEPARTMENT HEAD T
CITY ATTORNEY
CITY MANAGER
Resolution adopting an amended Conflict of Interest Code for City of Bakersfield
Departments.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The Political Reform Act ( "PRA ") requires a biennial review of local agency conflict of
interest codes and that each governmental agency must review, update and amend
its Conflict of Interest Code and evaluate positions which are newly created, deleted or
modified so as to conform to the positions designated for reporting economic interests.
The positions identified in this update were created or modified subsequent to the
Council's approval of Resolution No. 130 -10 on November 3, 2010, which completed the
year 2010 biennial review of the Code.
The positions created or modified as set forth in the resolution (Exhibit "A ") meet the
criteria for filing Statements of Economic Interest under the PRA as they are either
involved in purchasing of equipment materials or services and /or participate in or
influence government decisions on behalf of their respective departments.
The current Code was reviewed by the City Manager's Department and then provided
to each department head with recommended changes. Those changes included
adding new designated position and boards, revising titles of existing positions, deleting
abolished titles, positions and boards no longer requiring designation, and consolidating
the Economic & Community Development Department positions with the newly
designated Community Development Department.
The proposed amendments to the Conflict of Interest Code are incorporated by
reference in the resolution as Exhibit "A."
Rg
S:Council /fppc biennial review 12 reso
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calender
ITEM: R, e .
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEADI�A�
DATE: October 1, 2012 CITY ATTORNEY
CITY MANAGER _ sS
SUBJECT: Resolution approving Cultural Resource Designation and for placement on the
Bakersfield Register of Historic Places for property located at Union Cemetery, King
Street and Potomac Avenue - Pioneers Section. (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On September 18, 2012, the Historic Preservation Commission held a public hearing regarding an
application for Cultural Resource Designation submitted by Union Cemetery Association for the
Pioneers Section of Union Cemetery, located at King Street and Potomac Avenue. The
application excludes blocks owned by the County of Kern.
The Pioneers Section holds burial plots of early pioneers, city founders, soldiers of the Civil War,
and the man for whom our city is named, Col. Thomas Baker. Established in 1872, the Pioneers
Section of the cemetery holds gravesites of numerous heroes, settlers, and founding fathers, and
is a centerpiece of Bakersfield's history.
The Commission unanimously approved the application for the designation as a cultural resource
for placement on the Bakersfield Register of Historic Places. No persons testified for or against the
application. The Commission found that, in accordance with Bakersfield Municipal Code (BMC),
Section 15.72.060 - Cultural resource and historic district designation - Criteria, the proposed
cultural resource may be designated as a cultural resource because it meets the following
criteria:
• It exemplifies or reflects special elements of the city's or a community's or neighborhood's
historical, archaeological, cultural, social, economic, political, aesthetic, engineering or
architectural development; and
• It is identified with persons or events significant in local, state or national history; and
• Its unique location or singular physical characteristics) represents an established and
familiar visual feature of a neighborhood, community of the city.
S:\Dana\ADMINS\2012 \OCT\10 -17 -Union Cemetery Cultural Resoure.Doc
October 1, 2012 1:41 PM
DW
ADMINISTRATIVE REPORT
Page 2
According to the BMC, Historical Preservation, Chapter 15.72.120, after the Commission has
made a recommendation regarding an application for designation, the Council shall, not less
than sixty days after the Commission's recommendation, approve or disapprove the designation.
S:\ Dana \ADMINS \2012 \OCT\10 -17 -Union Cemetery Cultural Resoure.doc
10/ 1 /2012 1:41 PM
DW
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Christi Tenter, Human Resources Manager CY
DATE: October 5, 2012
SUBJECT: 2013 HEALTH CARE CONTRACTS
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY y G
CITY MANAGER
1. Resolution Identifying Vendors, Healthcare Plans and Setting Rates for Citywide
Health Insurance Plans for Eligible Active and Retired Employees
RECOMMENDATION:
The Personnel Committee recommends Council approval of the resolution and 2013 rate
renewal package.
BACKGROUND:
The Segal Company, the City's healthcare consultant, has worked aggressively to negotiate
plan rates and ensure accurate claims experiences were accounted during the health plan
renewal process for 2013. This provided staff and the Insurance Committee the most
accurate information available in order to evaluate the health insurance renewal rates for
the 2013 plan year. As a result the groups were able to work collaboratively to support the
goal of maintaining or reducing premium costs with no or minimal plan changes and this
years' process provided positive results in support of these objectives. In addition, further
enhancements have been made in support of the City Council's direction to identify
opportunities to reduce the City's unfunded retiree health care liability, commonly referred
to as the GASB Liability.
To achieve the goals identified above, Segal, city staff and both Insurance and Personnel
Committees are recommending- approval of the renewal package that includes the
following:
• No structural plan changes to active or retiree plans;
• A rate decrease to the Active PPO plan (- 6.8 %);
• Moderate rate increases to both active HMO plans (4% and 8.68 %);
• Minor rate increases to the Kaiser Retiree plans (0.3 %);
• A significant payment to the irrevocable trust, approximately $1.6 million, a unique
opportunity to make an increased contribution to the trust fund in 2013.
The 2013 rates did produce a significant rate increase for the majority of those retirees that
participate in the Anthem Blue Cross PPO plan. This 18.78% increase is the result of large
ADMINISTRATIVE REPORT
claims experience for the incumbent group over the past year. What is essential in
evaluating this rate increase is that the group had a substantial rate decrease last year of
approximately 19% and current rates are trending below national and state averages.
Additionally, 2013 rates are below previous city plan costs as the 2008 rate for the Anthem
PPO retiree plan was $847.13 per month and the 2013 rate is set at $832.35.
The renewal package was evaluated through a process which included several meetings
with the Insurance Committee and the Council's Personnel Committee. Both committees
are recommending approval of the contracts and support of the renewal package as
presented. Three (3) key areas of the renewal package include:
• Approval of 2013 Health Plans and Rates: It is important to note that this
package does not include any structural plan changes for coverage and /or
co -pays.
• Retiree Medical Irrevocable Trust Fund Contribution: Due to favorable active
employee claim experiences over the past year, the Anthem Blue Cross Rate
Stabilization Fund balance has exceeded required reserves. Therefore it is
being recommended that these funds, totaling $1.6 million, be deposited into
the Retiree Medical Irrevocable Trust Fund. Allocation of these funds will result
in the City having fully caught -up with prior outstanding contributions to the
trust and, in addition, will afford the City the unique opportunity to deposit an
additional amount, above and beyond current required contributions, of
approximately $1 million dollars.
•
We / AUD Insurance: A request for proposal was initiated to determine if more
competitive rates could be established for our life insurance carrier. The RFP
process resulted in the identification of a new vendor, ING that will provide the
City with a $32, 000 annual cost savings for basic and supplemental life and
AD&D plans.
Recognition must be made to the Insurance Committee for the effective collaboration with
City Management in this process and to the Personnel Committee for recognizing the impact
of this positive renewal package. A summary of the overall rate changes for next year are
provided below.
Anthem Blue Cross
2013 Health Care Renewals
Percentage Increase Decrease
Anthem Blue Cross HMO - Active
8.68%
Anthem Blue Cross PPO- Active
- 6.38%
Anthem Blue Cross PPO- Retiree
18.78%
Anthem Blue Cross Senior Secure (Medicare Risk Plan )
19.1%
Kaiser Permanente
Kaiser HMO - Active 4.0%
ADMINISTRATIVE REPORT
Kaiser Deductible - Active 4.0%
Kaiser HMO - Under 65 0.3%
Kaiser HMO - Senior Advantage (Medicare Risk Plan) -0.2%
Pacific Union Dental
Active - Imperial Plan 0%
Active - Napa Plan 0%
Retiree - Trinity & Regency Plans 0%
Meti-ife Dental
Active
2.0%
Medical Eve Services (all plans) 0%
Opt um Health
Mental Health - Active & Retiree 7.8%
Employee Assistance Program (EAP) 0%
ING (City Paid Life Insurancel
Basic Life - 32.0%
AD &D - 50.0%
HealthComp Inc - IRS Section 12.5 0%
tl014
f° ADMINISTRATIVE REPORT
wW.V,L,
IF
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 26, 2012
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: A resolution approving the submission of an application to the California
Department of Transportation for matching state funding for three specific
improvement projects at the Bakersfield Municipal Airport under Airport
Improvement Program Project No. 3- 06- 0323 -016 -2012 and authorizing the City
Manager or his designee to execute all necessary documents (Ward 1).
RECOMMENDATION: Staff recommends approval of application submission, adoption of
resolution, and authorization of City Manager or his designee to execute all necessary
agreements and documents and make minor revisions if required.
BACKGROUND: On August 15, 2012, Council approved the submission of an application to
the U.S. Department of Transportation Federal Aviation Administration (FAA) for approximately
$340,000 of federal funding for three specific projects at the Bakersfield Municipal Airport.
Federal funds provided 90% of the projects' estimate with a 10% local match requirement.
Staff recommends submission of an application to the California Department of Transportation
to fund a portion of the local match requirement. The California Department of Transportation
provides grants of 5% of the FAA grant to airports.
This state grant provides for approximately $17,000 of state funding for three projects at the
Bakersfield Municipal Airport. Each of the three projects will be 90% federally funded. The three
projects are:
1. Design and construction of the southwest hangar taxilane phase 2 access road and
replacement of rotating beacon.
2. Design and engineering for Runway 16 -34 and Taxilane rehabilitation
3. Develop an airport pavement management system
The first of the three projects is the design and construction of phase 2 of the Southwest
Hangar Taxilane project. This project provides an access road to the recently constructed
taxilanes that will support the new hangar project. This will remove any conflicts between
aircraft and cars or other vehicles. It will also fund the replacement of the rotating runway
beacon that is past its useful life and difficult to maintain.
The second project is the design and engineering of a rehabilitation project for the runway
and Taxilane "A" at the Airport. Construction of this project is anticipated to commence in
Fiscal Year 2013 -2014.
October 1, 2012, 12:37PM \SP
G: \GROUPDAT \ADMINRPT \2012 \10- 17 \Admin for AIP Matching grant rev.doc
ADMINISTRATIVE REPORT
The third project is the development and preparation of an Airport Pavement Management
System (APMS) for the Airport. An APMS is periodically required by the Federal Aviation
Administration as a basis for planning, programming, and funding grants for future capital
improvement projects at the Airport.
There is no General Fund impact with these projects. All three of the projects are currently
budgeted.
October 1, 2012, 12:37PM \SP
G: \GROUPDAT \ADMINRPT \2012 \10- 17 \Admin for AIP Matching grant rev.doc
B n 1<E;%�
o N�OFI' HAt�,n jF
ADMINISTRATIVE REPORT
-= v�iIDfpf•
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: g. h .
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: October 5, 2012 CITY ATTORNEY
CITY MANAGER ?J
SUBJECT: Resolution determining that the Chief of Police is appointed as agent authorized to
execute Memorandums of Understanding (MOUs) with the Kern allied agencies
participating in the Kern AVOID 18 Project funded by a grant from the California
Office of Traffic Safety.
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND:
The Bakersfield Police Department (BPD) has been awarded $260,000 from the State Office of
Traffic Safety (O.T.S.) to serve as the host agency for a Regional DUI effort in Kern County to
reduce alcohol - involved fatalities and injuries, and to raise general public awareness regarding
the problems associated with drinking and driving.
This grant award includes a provision of $92,551 to fund allied agency operations. However,
before an allied agency may participate in the AVOID program, O.T.S. requires the agency to
make a formal commitment to the program via a Memorandum of Understanding (MOU).
Potential participating agencies include Police Departments from the cities of Arvin, Bear Valley,
California City, CSUB, Delano, KCDA Crime Lab, McFarland, Ridgecrest, Shafter, Stallion Springs,
Taft, Tehachapi, Kern County Sheriff's Department, KERN County Probation Department, ABC
and the California Highway Patrol. The Chief of Police needs the ability to promptly and
efficiently execute MOUs with these agencies in order to abide by the strict time requirements of
the OTS grant.
Grant activities will include DUI Checkpoints, DUI Saturation Patrols, DUI Task Force Operations,
DUI Warrant/ Probation Sweeps and Court Sting Operations for repeat DUI offenders during the
Winter Holiday Mobilization, Memorial Day Weekend, Independence Day Weekend /Period,
Summer Mobilization, special dates, county fairs, festivals, and other community events with
identified DUI problems.
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 28, 2012
APPROVED
DEPARTMENT HEAD '��. �..•
CITY ATTORNEY
CITY MANAGER _
Replacement of equipment at Wastewater Treatment Plant No. 2 (Ward 1):
1. Resolution determining that certain Fairfield bar rake and rollers at Wastewater
Treatment Plant No. 2 cannot be obtained through the usual bidding
procedures because of the need to integrate into existing Fairfield bar screen
system and authorizing the Finance Director to dispense with bidding therefore,
not to exceed $80,000.
2. Appropriate $80,000 Sewer Enterprise Fund balance (Wastewater Treatment
Plant No. 2) to the Public Works Department's Capital Improvement for
replacement of bar rake and rollers.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of appropriation.
BACKGROUND: Preliminary treatment of wastewater occurs at the plant's headworks. The bar
screen system, which is part of the headworks system, filters the influent wastewater. The bar rake
and rollers are used to remove large debris from the bar screen.
On Thursday, September 20, 2012, Wastewater personnel determined the bar rake was bent and
the bearings on the roller required replacement. Wastewater operators now have to manually
clean the bar screen, which is a labor intensive process. Not replacing the bar rake and rollers
could lead not only to backup and flooding in the headworks, but also backup and flooding in
upstream manhole locations if large debris at the headworks prevents influent from entering the
headworks system at Plant 2.
The City exclusively uses Fairfield bar rake and rollers at Plant 2 because this equipment is made
to fit the existing Fairfield bar screen system. This Resolution authorizes the Finance Director to
dispense with customary bidding procedures and purchase replacement bar rake and rollers
from Fairfield Service Company of Indiana, LLC.
Projected cost of replacing the bar rake and rollers is estimated at $80,000. Staff recommends
appropriation of this amount. There is no General Fund impact associated with this Resolution.
In addition, staff will evaluate the need and fiscal impact of replacing the entire Fairfield bar
screen system versus repairing / replacing components of this system as the need arises. The
replacement of the bar rake and rollers, however, must occur as soon as possible to avoid
potential backups and flooding.
ra
G:\GROUPDAT\ADMINRPT\ADMINFORM.doc
A
14 S
ADMINISTRATIVE REPORT
LIF
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 21, 2012
SUBJECT: Sewer connection fee assessment (Ward 7):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &E
Resolution confirming assessment for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector.
2. Agreement with Boyce R. Clark, 4909 Corrine Street, to pay sewer
connection fee in installments through the Kern County Tax Collector. A
notice of special assessment lien will be placed on the property.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement.
BACKGROUND: The owner of the above referenced property desires to connect said
property to the City sewer system. The property owner claims that to pay the sewer
connection fee in one payment would produce an economic hardship. To assist in paying the
connection fee, the City has contracted with the property owner to apportion the connection
fee over an eight year period to be collected with their property taxes in accordance with
Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4648 dated
August 18, 2011, authorizes the Kern County Tax Collector to collect the connection fee in
eight equal payments over the next eight years.
..
G: \GROUPDATWDMINRPT \2012 \10 - 17\4909 Corrine Street ADMIN.doc
October 2, 2012, 2:39PM
A
ADMINISTRATIVE REPORT
,n •�
LIF
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 21, 2012
APPROVED
DEPARTMENT HEAD r
CITY ATTORNEY
CITY MANAGER ICJ
Sewer connection and construction fee assessments (Ward 1):
1. Resolution confirming assessments for sewer connection and construction
fees and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with Ambrosio and Josefina G. Castaneda, 10 N. McDonald
Way, to pay sewer connection and construction fees in installments through
the Kern County Tax Collector. A notice of special assessment lien will be
placed on the property.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement.
BACKGROUND: The owners of the above referenced property desire to connect their property
to the City sewer system. The property owner claims 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
spread 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 \10 -1 McDonald Way AGR ADMIN.doc
October 2, 2012, 2:32PM
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: October 2, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution to form a Traffic Signal Maintenance District, designated as TS -22 (2615-
2700 Chester Avenue) and adopting, confirming and approving the Public Works
Director's Report. (Ward 2)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcels to form a Traffic Signal Maintenance District as required by section 13.04.021 of the
Municipal Code. Formation of the Traffic Signal Maintenance District will provide for the
operation and maintenance of a convenient traffic signal.
Staff is recommending the formation of a new Traffic Signal Maintenance District.
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 Traffic Signal 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
Traffic Signal Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
GAGR0UPDAT \ADMINRPT \2012\ 10- 17 \TS -22 Res Est Admin.doc
A
co�4
ADMINISTRATIVE REPORT
1
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: 13. M.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
AV—
DATE: October 2, 2012 CITY ATTORNEY p�
CITY MANAGER
SUBJECT: Resolutions to add the following territories to the Consolidated Maintenance District
and approving, confirming, and adopting the Public Works Director's Reports and
authorizing collection of assessments by the Kern County Tax Collector:
1. Area 3 -86 (E of SE corner of Panama Lane and Old River Road) - Ward 5
2. Area 5 -64 (9001 So. H Street) - Ward 7
RECOMMENDATION: Staff recommends adopting the Resolutions.
BACKGROUND: On September 28, 2012, the Council adopted Resolution of Intention No. 1725 &
1726 respectively, adding the above territories to the Consolidated Maintenance District as
required by Section 13.04.021 of the Municipal Code, Inclusion in the Consolidated Maintenance
District will provide for the maintenance of parks and /or street landscaping. The areas will be
under park and /or streetscape zones of benefit and will be assigned the appropriate tier levels
when parks and /or street landscaping have been installed.
The addition of these territories to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent
to the assessment.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
Ps
G: \GR0UPDAT \ADMINRPT \2012\ 10 -17 \Res Estab CMD 3 -86 & 5- 64.docx
A
ADMINISTRATIVE REPORT
�I
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD tIL-- -
DATE: October 2, 2012 CITY ATTORNEY
CITY MANAGER__
SUBJECT: Resolutions of Intention (ROI) to add the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report for each.
1. ROI # 1728 to add Area 2 -51 (7301 District Boulevard) - Ward 6
2. ROI # 1729 to add Area 2 -52 (5551 District Boulevard) - Ward 6
RECOMMENDATION: Staff recommends adopting the Resolutions of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcels 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 territories 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 properties 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 recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
ps
G:\ GROUPDAT \ADMINRPT\2012 \10- 17 \ROI est CMD 2 -51 2- 52.docx
MEETING DATE October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: October 3, 2012
APPROVE—
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1723 to order the vacation of the alley and access
easement located between 27th and 281h Streets, east of Chester Avenue, and the
access and public utility easements located on 27th Street between Chester
Avenue and the alley to the east. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution of Intention.
BACKGROUND: The City of Bakersfield has received a request from San Joaquin Hospital to
vacate the alley and access easement located between 27th and 28th Streets, east of Chester
Avenue, and the access and public utility easements located on 27th Street between Chester
Avenue and the alley to the east. The final hearing is set for the Council Meeting scheduled on
November 28, 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 City sewer facilities located in the alley
between 27th and 28th Streets.
The utility companies serving the area have been notified by mail. Letters were received from
Pacific Gas and Electric Company and AT &T California stating that they have utilities in the
alley located between 27th and 28th Streets.
A public utilities easement will be reserved in this alley for City sewer facilities, Pacific Gas and
Electric Company utilities, and AT &T utilities.
Preliminary notices were also mailed to all adjacent property owners within a 300 - foot radius
of the proposed vacated area. Public Works received one letter of opposition from a nearby
property owner. His concerns were addressed and he has withdrawn his opposition.
On August 15, 2012, the Planning Department found the proposed vacation of the alley and
access easement located between 27th and 28th Streets, east of Chester Avenue, and the
access and public utility easements located on 27th Street between Chester Avenue and the
alley to the east to be consistent with the Metropolitan Bakersfield General Plan pursuant to
Government Code 65402.
October 3, 2012; 7:54 AM
G: \GROUPDAT \ADMINRPT \2012\ 10- 17 \27TH_28TH STREET ALLEY VACATION
ADMINISTRATIVE REPORT
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
October 3, 2012; 7:54 AM
G: \GROUPDAT \ADMINRPT \2012\ 10-17 \27TH-28TH STREET ALLEY VACATION
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: .
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: October 4, 2012
SUBJECT: Agreement with Clifford & Brown for
connection with the acquisition of
Tentative Parcel Map 11894. (Ward 3)
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
APPROVED
DEPARTMENT HEAD (�
CITY ATTORNEY
CITY MANAGER
legal services (not to exceed $75,000) in
easements required by the conditions of
Developer (Rio Bravo Investment Group, LLC) is in the process of developing a cancer center
on the southwest corner of the intersection of State Route 178 and Morning Drive subject to the
conditions of Tentative Parcel Map 11894. To satisfy the conditions of Tentative Parcel Map
11894, Developer must provide the City with slope and drainage easements associated with the
construction of Morning Drive south of State Route 178. Despite its diligent efforts, Developer
has been unable to secure the easements. As such, Developer has requested that the City
acquire these easements through its eminent domain power.
Pursuant to our general policy and practice related to Developer Initiated Eminent Domain,
Developer has deposited $50,000 as an advance on the payment of all costs associated with
the condemnation ( "Costs Deposit ") and has also deposited the estimated value of the
acquisition ($82,500). Developer has agreed, in a separate written agreement with the City, to
cover all costs of the acquisition and to fully replenish the Costs Deposit when it is depleted
below $15,000.
The law firm of Clifford & Brown, which is readily familiar with real property acquisitions of this
type, has agreed to pursue the eminent domain action, an action which will be fully funded by
Developer at no cost to the City.
If approved, the attached Agreement will finalize retention of Clifford & Brown for this matter.
AH:Isc
S: \COUNCIL \Admins \12 -13 Admins \C &B.RioBravoEmDomain.docx
BA
ri`so evedRS
ADMINISTRATIVE REPORT
c M
LI 0
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: David Lyman, CVB Manager DEPARTMENT HEAD /w
DATE: September 25, 2012 CITY ATTORNEY
CITY MANAGER_
SUBJECT: 2013 Reimbursement Agreement with SMG in an amount not to exceed $60,000
for the reimbursement of costs associated with renting the Rabobank Arena for
the Christian Congregation of Jehovah's Witnesses conventions. (Ward 2)
RECOMMENDATION:
Staff recommends approval of Agreement.
BACKGROUND:
On August 29, 2007, the City and the Greater Bakersfield Convention and Visitors Bureau (CVB)
entered into Agreement No. 07 -314 regarding the management of the CVB and the marketing
of Bakersfield as a destination center for conventions, sporting and other events including
individual /group travel and tourism.
Over the past several years, the CVB has provided incentives to various non - profit organizations
to hold their events in Bakersfield in order to ultimately generate more sales tax and Transient
Occupancy Tax (TOT) and to market the benefits and advantages of the City as a destination
center for holding conventions. For the past 16 years the CVB has contributed to the cost of
renting Rabobank Convention Center on behalf of the Jehovah's Witnesses Congregation
(JWC). The JWC puts on six weekend events during the summer and the CVB has contributed
$10,000 rental reimbursement to SMG for each of the six events. The conventions draw a total in
excess of 32,000 attendees with an estimated TOT from $59,000 to $118,000 and economic
impact in excess of $1,000,000. The conventions are held Friday through Sunday at a time
during which hotel occupancy is typically below normal.
The JWC desires to continue to hold its convention in Bakersfield and the City is requesting to
continue the contribution of the costs associated with the rental of Rabobank Arena. Upon
receipt of the invoices, the City, on behalf of the JWC, shall pay SMG $10,000 for rental
reimbursement for each weekend event scheduled to occur between May and August 2013.
Planned dates for the 2013 conventions are:
May 24 -26; June 7 -9; June 14 -16; August 2 -4; August 9-11; August 16 -18.
MB 9/25/12
S:Wdmin Reports \City Council Admins 2012 -CVBUW -SMG 2012 Reimbursement Admin Report 10- 17- 12.docx
A
ADMINISTRATIVE REPORT
c
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director
DEPARTMENT HEAD
DATE: October 1, 2012 CITY ATTORNEY D�
CITY MANAGER
SUBJECT: Agreement with the Housing Authority of the County of Kern ($208,960.00) for the
Baker Street Commercial Incentive Program Community Development Block Grant
(CDBG) Project. (Ward 2)
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
As part of the FY 2012 -13 Action Plan, the City Council designated CDBG funds for Baker Street
Commercial Incentive Program generally located in existing vacant commercial space at 1015
Baker Street. The purpose of the Project is for assistance to the Housing Authority of the County of
Kern (Owner) to incentivize businesses in the Baker Street Village development through
permanent tenant improvements at 1015 Baker Street.
The project will result in the creation of six (6) new jobs for individuals meeting HUD's low- and
moderate- income thresholds. The total amount of CDBG funds committed is $208,960.00. The
eligibility criteria states that such eligible economic activities may include the construction,
reconstruction, rehabilitation or installation of commercial real property and improvements if
such improvements result in at least one additional full -time equivalent (FTE) permanent job per
$35,000 of CDBG funds used. The Housing Authority expects to add at least six (6) FTE jobs for low -
and moderate - income persons because of the increased commercial activities from these
improvements.
PROJECT DESCRIPTION:
The Project consists of the design and construction of tenant improvements to the commercial
space located at 1015 Baker Street. Improvements may include installation of ceiling tiles,
flooring, baseboards, cabinets, counters, bathroom fixtures, mechanical and HVAC, lighting,
signage, and related improvements. Additional work will include walls, electrical, plumbing,
S:\ Dana \ADMINS \2012 \OCT \10 -17 -HACK 1015 Baker Street Agreement.docx
October 1, 2012, 1:46PM
dbw
ADMINISTRATIVE REPORT
Page 2
painting, framing, drywall and finish carpentry. The design portion of the Project includes
preparation of the construction plans and specifications.
Grant funds will be provided for the tenant improvements portion of the Project. Grant funds
may also be used for costs associated with bid advertisement, contract administration,
inspection, permit fees, HUD monitoring, and other staff charges. The Owner will implement the
Project, including contract administration and HUD monitoring. Upon completion of the Project,
operation and maintenance responsibilities for the facility and all improvements constructed
pursuant to this Agreement will remain with the Owner.
The City's Community Development Director may modify individual line items and payment
responsibilities within the attached detailed cost estimate if the total amount of Grant funds
committed does not exceed $208,960.00. In addition, the Housing Authority shall be responsible
for all other costs related to this Project in excess of the $208,960.00 made available by the City
pursuant to this Agreement.
S:\ Dana \ADMINS \2012 \OCT \10 -17 -HACK 1015 Baker Street Agreement.docx
October 1, 2012, 1:46PM
dbw
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: October 1, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Saleh Hawatmeh to purchase real property located at northwest
corner of Morning Drive and State Route 178 for $225,500 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 45,433 square feet of real property. A portion of the site is required for the
Morning Drive Interchange Project. But because the realignment of Auburn Street and Morning
Drive has eliminated parcel access to either roadway, the remainder of the parcel is an
uneconomic remnant that requires the City to acquire the entire parcel. The purchase price of
$225,500 is the negotiated settlement based on the fair market appraisal prepared by Michael
Burger and Associates, an independent appraisal company, and property value information
provided by the owner.
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 - Hawatmeh
10/1/2012
cW
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: S.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: October 1, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER__
SUBJECT: Agreements for on -call maintenance services at Wastewater Treatment Plant No. 2
and Wastewater Treatment Plant No. 3 (Wards 1 & 6):
1. Agreement with Centrisys Corporation (not to exceed $100,000).
2. Agreement with Advanced Combustion & Process Controls, Inc. (not to exceed
$100,000) .
RECOMMENDATION: Staff recommends approval of Agreements.
BACKGROUND: Treatment Plants No. 2 and 3 often require maintenance and repair services
beyond the expertise of staff. The on -call wastewater maintenance agreements will provide
staff with additional maintenance support at Wastewater Treatment Plants 2 and 3.
On April 6, 2012, the City issued Request for Qualifications and Fee Proposals for on -call
wastewater maintenance services. On May 18, 2012, the following four contractors submitted
a Statement of Qualifications, along with their Hourly Billing Rate Schedule.
• Advanced Combustion & Process Controls, Inc. (Bakersfield, CA.)
• Centrisys Corporation (Kenosha, WI.)
• GSE Construction Company, Inc. (Livermore, CA.)
MMC, Inc. (La Palma, CA.)
City staff recommends approval of agreements with the following two contractors based
upon their qualifications and fee proposal being the most favorable to the City:
• Centrisys Corporation
• Advanced Combustion & Process Controls, Inc.
Each contractor specializes in specific maintenance services. Centrisys specializes in
centrifuge dewatering systems and Advanced Combustion & Process, Inc. specializes in
boilers, heaters, and combustion control systems.
Since specific scope of work has not yet been determined, the compensation amount for
each contractor is set at a not -to- exceed aggregate total of $100,000 for a one -year period.
At city's option, the agreements may be extended for a one -year term at a not to exceed
amount of $100,000.
Sufficient funds are budgeted to fund these agreements. Funding source for these
agreements will be Sewer Enterprise funds; therefore, there is no General Fund impact
associated with these agreements.
PW WW:reb
G: \GROUPDAT \ADMINRPT \2012 \10 -17 \wastewater- On Call Maintenance Services.doc
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: September 27, 2012
APPROVED
DEPARTMENT HEAD V�l
CITY ATTORNEY I�('
CITY MANAGER____
SUBJECT: Amendment No. 1 to Agreement No. CAI 2-006 with George F. Martin of Borton
Petrini, LLP ($40,000; revised not to exceed $100,000) to provide outside legal
services in matters related to tax and contract issues involving the County of
Kern.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
f1X61keiloillZL3
On July 17, 2012, the City entered into Agreement No. CAI 2-006 with George F. Martin of Borton
Petrini, LLP for legal representation in matters related to tax and contract issues involving the
County of Kern.
At this time, the City Attorney's Office requests that we amend the contract to add additional
compensation. This Amendment No. 1 to Agreement No. CA12 -006 will result in a total Not to
Exceed amount of $100,000 in order for outside counsel to continue representation. There are
adequate funds in the City Attorney's budget to cover the legal fees.
VG:Isc
S: \COUNCIL \Admins \12 -13 Admins\ AttyAgrCAI2- 006Amdl.GMartin.docx
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8, V.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 21, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreements with property owners to pay sewer connection
and construction fees in installments through the Kern County Tax Collector
(Ward 4):
a. Richard E. & Beverly J. Laughman /7500 Kimberly Avenue /Agreement 11 -130
b. Donald C. & Victoria L. Rambo /7512 Hooper Avenue /Agreement 11-131
c. Bill C. & Norma J. Johnson /8001 Kimberly Avenue /Agreement 11-132
d. James P. & Kathleen A. Webdell /7609 Kimberly Avenue /Agreement 11 -133
e. Thomas H. & Linda Meek /7509 Hooper Avenue /Agreement 11 -134
f. Christopher D. & Pamela J. Hillis /7901 Hooper Avenue /Agreement 11 -135
g. Kelsie R. Gates /7509 Kimberly Avenue /Agreement 1 1 -136
h. Jerry Vern & Lynda L. Karr /7504 Kimberly Avenue /Agreement 11 -137
i. Roger D. & Linda K. Reed /7703 Kimberly Avenue /Agreement 11 -138
j. Lawrence M. & Lorraine Okumoto /7805 Kimberly Avenue /Agreement 11 -139
RECOMMENDATION: Staff recommends adoption of amendments.
BACKGROUND: On July 13, 2011, the City Council adopted Resolution No. 069-11 amending
Chapter 16.32.060 of Title 16 of the Bakersfield Municipal Code adding the Hooper Avenue
and Kimberly Avenue Planned Sewer Area. As part of an annexation agreement, the City
constructed sewer improvements for residents within the Hooper Avenue and Kimberly
Avenue area. Property owners desiring to connect to the City's sewer system would pay the
connection fee and sewer construction fees. The amount originally charged to property
owners for construction fees was based upon the construction award amount. Actual
construction costs came in lower than the contract award amount. Therefore, the amount
property owners pay for construction fees should be proportionately decreased.
Previously, 28 individual agreements with property owners have been approved by the
Council with the higher construction fee. Each of these agreements must be amended to
pass on the lower costs to these property owners. Since signatures from the property owners
must be obtained and notarized, these amendments will go before Council incrementally.
This Administrative Report amends ten of the 28 individual agreements. Amendments for the
remaining agreements will be submitted to Council in future meetings.
da
G: \GROUPDAT\ADMINRPT\ 2012 \10- 17\Kimberly- Hooper Amendment 1 ADMIN.doc
September 20, 2012, 3:5OPM
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8 , W.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 12, 2012
APP OVED
DEPARTMENT HEAD
CITY ATTORNEY Q�
CITY MANAGER /�
SUBJECT: Amendment No. 2 to Agreement No. 10 -155 with Advanced Earth Sciences, Inc.
($110,000.00; revised not to exceed $560,000.00) for geotechnical services for the
Bakersfield Sanitary Landfill Closure Project to provide services during the
duration of the construction phase of the Landfill Project (Ward 3).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: On November 3, 2010, Agreement No. 10 -155 was approved with Advanced
Earth Sciences, Inc. (AES) to provide geotechnical monitoring and regulatory reporting all the
way through construction of the final cap, which is currently taking place.
Amendment No. 1, approved on April 18, 2012, extended the contract term due to delays in
the start of construction, with no change in compensation.
Amendment No. 2 is required to increase the not to exceed compensation amount because
of unforeseen construction delays. The original AES agreement was based upon an estimate
of 155 working days to monitor earthmoving contractor activity. This earthmoving activity was
prolonged by several weeks because of the need to screen oversized rocks from the soil.
Sufficient funds are budgeted within the Landfill Closure Fund to cover the costs of this
amendment. There is no General Fund impact associated with this agreement. A portion of
the cost will be recovered from Kern County under the Landfill Closure Cost Sharing
Agreement.
kb
G: \GROUPDAT \ADMINRPT \2012 \10- 17 \Admin Report with AES - SW.doc
A
,,pflORR
ADMINISTRATIVE REPORT
C �►wmr,
io
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: S. X
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 7, 2012
APPROVED IDEPARTMENT HEAD {
CITY ATTORNEY pk
CITY MANAGER /w
SUBJECT: Amendment No. 3 to Agreement No. 10 -075 with GC Environmental, Inc.
($135,000.00; revised not to exceed $1,485,000.00) for Landfill Gas System
Services for the Bakersfield Sanitary Landfill Closure Project to provide services
during the duration of the construction phase of the Landfill Project (Ward 3).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: On June 9, 2010, Agreement No. 10-075 was approved with GC Environmental,
Inc. to provide monitoring, reporting, adjusting, repairing, planning, design and construction of
additions to the City's landfill gas system all the way through construction of the final cap,
which is currently taking place.
Amendment No. 1, approved on December 15, 2010, increased the not to exceed
compensation amount from $500,000 to $1,000,000 because of new state regulations which
required the City to remove gas from greater depths than specified in the original agreement.
Amendment No. 2, approved on December 14, 2011, increased the not to exceed
compensation amount from $1,000,000 to $1,350,000 because the gas obtained at the greater
depths was of poor quality and would not burn in the existing flare system. Therefore, it
became necessary to construct a secondary gas treatment system at an additional cost of
approximately $350,000.
Amendment No. 3 is required because of construction delays in the earthmoving portion of
the Landfill Closure project and unforeseen changes in the new gas system
additions /modifications. The earthmoving activity was delayed by several weeks because of
the need to screen oversized rocks from the soil. The gas system modifications required
relocation of a few hundred feet of pipeline due to settling of soft zones within the landfill.
After the landfill cap and gas system additions /modifications are both completed, the
monthly services for the gas system will be rebid. Sufficient funds are budgeted within the
Landfill Closure Fund to cover the costs of this amendment. There is no General Fund impact
associated with this agreement. Costs incurred for the gas system are borne entirely by the
City.
kb
G: \GROUPDAT \ADMINRPT \2012 \10- 17 \Admin Report with GCE - SW.doc
�{yWV011,r�s
ADMINISTRATIVE REPORT
IF
MEETING DATE: October 17, 2011 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: October 4, 2011
APPROVED
DEPARTMENT HEAD /11-0�-
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 3 to Agreement No. 09 -171 with Amber Chemical, Incorporated;
extending the contract term one year to continue the supply of pool chemicals.
(City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the agreement.
BACKGROUND: On December 16, 2009, the City entered into Agreement No. 09 -171 for the
Annual Contract to provide Pool Chemicals in the amount of $75,000; renewable annually
thereafter for four consecutive one -year periods. On November 3, 2010, Council approved
Amendment #I extending the term one year and adding $75,000 for a revised not to exceed
amount of $150,000. On December 14, 2011, Council approved Amendment #2 extending the
term one year and adding $50,000 for a revised not to exceed amount of $200,000.
Currently there is $88,000 available on this contract; no additional funding will be required at this
time. If approved, Amendment No. 3 will extend the contract term one year continuing the
supply of chemicals, and permitting the operation of the pools for the next year.
Purchasing Division/ch
SAPURCMADMIMAmendments 12 -13\AC for Pool Chemicals Amendment #3 Agmt. 09- 171.docx
October 4, 2012 2:19 PM
BA
� a
"Tie S
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: 13 Z
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: October 3, 2012
F_12210144_61
DEPARTMENT HEAD ./� _
CITY ATTORNEY
CITY MANAGER _
SUBJECT: Amendment No. 1 to Agreement No. 11 -166 with Boething Treeland Farms, Inc.;
extending the contract term one year, and adding $75,000 (for a total not to
exceed amount of $150,000) to continue the supply of plants and shrubs. (City
Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On December 14, 2011, Council approved the Annual Contract for the supply
of plants and shrubs to Boething Treeland Farms, Inc. in the amount of $75,000; renewable
annually thereafter for four consecutive one -year periods.
If approved, Amendment No. 1 will add $75,000 for a revised not to exceed amount of $150,000
and extend the term one year. Funds are budgeted in the departmental operating account
within the Recreation and Parks. Approval of the amendment will allow the City to continue to
meet the demand for plants and shrubs.
Purchasing Division/ch
&TURCI-I\ADMMAmendments 12 -13\AC for Plants and Shrubs Amendment # I to Agreement 11- 166.docx
October 3, 2012 2:15 PM
A
ADMINISTRATIVE REPORT
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: , a a
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: October 3, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER��
SUBJECT: Amendment No. 3 to Agreement No. 09 -058 with Nolte Associates Inc.
($1,668,727.20; revised not to exceed $8,201,648.13) for Construction
Management (CM) Services for the Westside Parkway Phase 2 Project. (TRIP)
(Wards 2, 4 and 5)
RECOMMENDATION: Staff recommends approval of the Amendment.
BACKGROUND: Nolte Associates is currently under contract with the City to provide
construction management (CM) services for the Westside Parkway Phase 2 Project. The
Westside Parkway Phase 2 Project involves the construction of a new six -lane freeway from
Mohawk Street to Allen Road, and new bridges at Coffee Road, Calloway Drive and Jewetta
Avenue.
The original CM services contract awarded to Nolte Associates for Phase 2 was executed prior
to the construction bids being opened and contracts awarded for this phase of the project.
This action.was taken in order to allow Nolte to assist staff with reviewing the construction plans
for potential issues and provide assistance in developing responses to bidder questions
pertaining to construction related items. Their staffing and contract durations were originally
based on anticipated contractor construction schedules.
As the Phase 2 project has developed, additional scope has been added (including Change
Order No. 21 for $5.9 million for the Tosco Box Culvert, originally anticipated to be constructed
by the Kern County Water Agency), all of which has been approved through construction
contract change orders submitted to the Council. The additional scope has resulted in
increasing the amount of construction work for the project, as well as the length of time
needed to complete the project. Accordingly, the additional construction work and time
have also affected the scope and time needed for the performance of CM services.
When the Westside Parkway Phase 2 Project was bid, the City's intention was to utilize all
available State funding to build the project, as the State required the return of any unused
funds. In order to utilize all of the State funding, portions of the project construction bid and
contract award were completed prior to the completion of the find design work. As such,
more change orders than would normally be anticipated are expected as the construction
progresses on this project.
October 5, 2012, 8:43AM
Tdw: G: \GROUPDAT \ADMINRPT \2012 \10- 17 \NV5 Amendment 3 - Admin.docx
ADMINISTRATIVE REPORT
Fortunately, because of the extraordinarily favorable bid climate at the time, the City was
able to increase the project limits from Coffee Road to Allen Road, which will result in a
significant extension of improved roadway. In addition, all of the State funding was
completely utilized. In summary, these series of actions have been in the best interests of
completing the Phase 2 project, which is a critical component of the TRIP program.
This proposed Amendment provides for Nolte to continue providing CM services through
January, 2013. However, based on the most current information, it is anticipated that the
Phase 2 project will not be completed until after January 2013; therefore, another amendment
to this Agreement may be required next year.
Funding sources for this Amendment are from PG&E surcharge revenue and traffic impact
fees. Sufficient funds have already been budgeted for this Amendment. There is no General
Fund impact associated with this Amendment.
October 5, 2012, 8:43AM
Tdw: G: \GROUPDAT \ADMINRPT \2012 \10- 17 \NV5 Amendment 3 - Admin.docx
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: Q 61N.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: October 4, 2012
APPROVED
DEPARTMENT HEADJ e-e'
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement 05 -181 with Rosedale Rio Bravo Water Storage
District for the exchange of additional properties to facilitate the construction of the
Westside Parkway Phase 6B and 6C Projects. (TRIP) (Ward 4)
RECOMMENDATION: Staff recommends approval of the Amendment.
BACKGROUND: The Westside Parkway Phase 6B Project consists of the Allen Road Bridge, the
eastbound on ramp and the westbound off ramp. Also included is the widening of Allen Road in
the area and the construction of some associated miscellaneous concrete structures such as
retaining walls, sound walls and drainage systems. The 613 project is currently under construction.
The Westside Parkway Phase 6C Project consists of the westerly extension of the Westside
Parkway freeway to its western terminus at Stockdale Highway /Heath Road, and includes
soundwalls, retaining walls, traffic signals at Stockdale Highway and at Heath Road, as well as a
bridge for Renfro Road to cross over the Westside Parkway. The 6C project is expected to be
advertised for construction bids later this month.
The City and the Rosedale Rio Bravo Water Storage District (RRBWSD) entered into Agreement 05-
181 on May 11, 2005. This Agreement provided for the exchange of properties between the
parties to mitigate the impacts to the RRBWSD from the construction of the Westside Parkway.
Amendment No. 1 to this Agreement was approved by the City Council on November 16, 2011,
and primarily provided for some further property exchanges between the RRBWSD and the City
that facilitates the construction of the Westside Parkway Phases 6B and 6C projects.
Amendment No. 2 provides for some additional property and easement exchanges that further
facilitate the construction of the Westside Parkway Phase 6C project. And, in consideration,
these additional exchanges include the construction of some improvements by the City for
RRBWSD through the Westside Parkway Phase 6B and 6C Projects. The Amendment also adds
some indemnification provisions that were not included in Amendment No. 1. Staff recommends
approval of the Amendment.
Tdw:C:\ Users \aheglund\AppData\Locai\Microsoft\Windows \Temporary Internet Files\Content.0utlooW 14FLI-MAmendment 2 to Agreement 05-
181 with RRBWSD Admin.dom
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: a . CC -
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: October 3, 2012
APPROVED
DEPARTMENT HEAD �.
CITY ATTORNEY r \�
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement 11 -100 with Parsons Transportation Group
($12,900,004.00; revised not to exceed $40,565,819.00; 88.53 %) for additional
professional services to advance the Preliminary Engineering in support of the
Caltrans project approval process and to allow the accelerated delivery of the
Centennial Corridor Loop (SR -58 Connector) Project. (TRIP) (Various Wards)
RECOMMENDATION: Staff recommends approval of the Amendment.
BACKGROUND:
On July 12, 2011, staff issued a Request for Qualifications (RF9) for Professional Services for:
1) Program Delivery/Engineering and Environmental Support Services for the Thomas Roads
Improvement Program (TRIP); and 2) Professional Services for Preliminary Engineering and
Coordinating /Managing Completion of the Environmental Document for the Centennial
Corridor Loop (SR -58 Connector) Project. Through a qualifications based selection process,
Parsons Transportation Group was selected to perform these services. Agreement 11 -100 was
approved by the City Council on September 14, 2011, and was for an approximate 5 year
period (to June 30, 2016).
The SR -58 Connector Project will connect SR -58 east of SR -99 to the new Westside Parkway
freeway under construction west of SR -99. The SR -58 Connector Project is primarily funded by
two federal earmarks that were part of the surface transportation law approved in August,
2005 (SAFETEA -Lu). On July 6, 2012, P.L. 112 -141, a new surface transportation law, the "Moving
Ahead for Progress in the 21 st Century Act ", or MAP -21 was approved. MAP -21 funds surface
transportation programs for the next two federal fiscal years, or until September 30, 2014. It is
imperative that all earmark funding for TRIP projects be encumbered by that time, as there
could be an increased risk of rescission of any unencumbered TRIP earmark funds
City staff has been working closely with Caltrans to develop an accelerated plan to allow all
federal earmark funding for the SR -58 Connector project to be encumbered by September 30,
2014. One of the elements of this plan is to further develop and advance the preliminary
engineering design for portions of the project. Staff has analyzed the various SR -58 Connector
project features and developed a phasing approach that allows the preliminary engineering
to be further developed on the portions of the project that are within existing City and
Caltrans owned right -of -way. This proposed Amendment with Parsons allows for the
Tdw: G: \GROUPDAT \ADMINRPT \2012 \10-17 \TRIP PMC Admin_Draff REV2.docx
A
ae ,
ADMINISTRATIVE REPORT
advancement of the preliminary engineering to occur for those portions of the project. These
improvements are being identified as Phase 1 of the SR -58 Connector project.
Over the next 4 to 5 months, it is expected that the Draft Environmental Document (DED) for
the SR-58' Connector Project will be circulated for public review and comment, with the
approval of the Final Environmental Document (FED) approximately one year later (early
2014). Upon approval of the FED, the final design work on the Phase 1 features can be
expeditiously completed, allowing for the encumbrance of the remaining earmark funds and
the accelerated bidding for the Phase 1 construction. This Phase 1 construction bidding is
anticipated to occur in the summer of 2014.
Also, upon approval of the FED, the remainder of the project, Phase 2 will begin final design
and construction bidding for the Phase 2 features is anticipated for early 2016. As the
construction of this remaining Phase 2 work will not be funded from federal earmark funds, it is
not subject to the September 30, 2014 date. The final design of Phase 1 and Phase 2 will be
the primary subject for a subsequent amendment to Agreement 11 -100, which is anticipated
will be brought to the City Council in early 2014,
The scope and cost for Agreement 11 -100 are comprised of two separate elements: the first
element being the services for the management and delivery of all the TRIP projects for an
amount not to exceed $19,846,927.00, and the second, element being for consultant services
for preliminary engineering and environmental documentation for the SR -58 Connector
project for an amount not to exceed $7,818,888.00. This proposed Amendment is for
expansion of the scope of work concerning the second element of Agreement 11 -100.
Funding for this Amendment will come primarily from the TRIP federal earmarks received under
SAFETEA -LU (88.53 %); the remaining 11.47% non - federal match will be paid from local funds
(traffic impact fees and PG &E surcharge revenue). As was structured in the initial Agreement,
funds have continued to be appropriated by the City Council on an annual basis through the
Capital Improvement Budget to fund the Agreement; this process will also need to continue in
subsequent fiscal years to fund this Amendment. Staff recommends approval of the
Amendment.
Due to the voluminous nature of the Exhibits to this Amendment, they are on file in the City
Clerk's Office for review.
Tdw; G: \GROUPDAT \ADMINRPT \2012 \10 -17 \TRIP PMC Admin_Draff REV2.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: October 4, 2012
APPROVED
DEPARTMENT HEAD 3
CITY ATTORNEY
CITY MANAGER__
SUBJECT: Contract Change Order Nos. 10 and 65 to Agreement No. 09 -076 with Security
Paving Company, Inc. ($86,605.00; revised not to exceed $87,547,943.95; change
orders funded with traffic impact fees) for the construction of the Westside Parkway
Phase 2 Project (TRIP) (Wards 2, 4 and 5).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: Phase 2 of the Westside Parkway Project includes the construction of a 6 -lane
freeway from Mohawk Street to Allen Road. Also included in the project is the construction of
interchanges at Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta
Avenue (no interchange at this location).
Change Order No. 10 provides for necessary additional traffic control measures to safely perform
construction work in the vicinity of Coffee Road and Brimhall Road. Original design plans failed to
adequately address the necessary traffic control measures to construct this part of the project.
Also included in this change order is the addition of 11 feet of 30 steel casing for the installation
of a sewer line across Coffee Road; the original length shown on the bid plans was incorrect. This
change order results in a net increase of $ 36,245.00.
Change Order No. 65 provides for modifications to the Storm Water Pollution Prevention Plan
(SWPPP) as required for all construction contracts in the State of California. The Westside Parkway
is subject to the current statewide general permit issued in 2010 by the Storm Water Regional
Control Board ( SWRCB). This statewide permit was modified after this project had started
construction activities. Additional requirements such as reporting, training, certification,
inspection, and management were added to the permit requirements, and were not in the
previous original permit. The work under this change order brings the Westside Parkway Phase 2
project into compliance with the new SWRCB regulations. This change order results in a net
increase of $ 50,360.00.
Staff recommends approval of Contract Change Order Nos. 10 and 65. Change Orders to date,
including these proposed Change Orders, total $10,975,498.88. This is a 14.3% increase over the
original Agreement as illustrated below:
Original Contract Amount = $ 76,572,445.07
Previous Change Orders = $10,888,893.88
• Current Change Order No. 10 and 65 = $ 86,605.00
Amended Contract Agreement after Change Orders = $ 87,547.943.95
Net Increase to date = $ 10,975,498.88
Lt Tdw G:\ GROUPDAT \ADMINRPT\2012 \10- 17Wdmin Rpt CCO10 and 65 WSP Phase 2.docx
Project # T9PW20
Ilfflllllll,
ADMINISTRATIVE REPORT
Sufficient funds have been previously budgeted to pay for 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.
Lt; Tdw G:\GROUPDATWDMINRPT \2012 \10- 17Wdmin Rpt CC010 and 65 WSP Phase 2.docx
Proiect # T9PW20
ADMINISTRATIVE REPORT
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: iQ _ po
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: October 4, 2012
APPR ED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER—
SUBJECT" Contract Change Order No. 5 to Agreement No. 10 -168 with Security Paving
Company, Inc. ($328,388.62; for a revised not to exceed amount of $22,755,512.71;
change order funded with traffic impact fees) for the Construction of the Westside
Parkway Phase 4 Project. (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: The Westside Parkway Phase 4 Project consists of constructing four lanes of
freeway between Truxtun Avenue (just west of the Burlington Northern and Santa Fe (BNSF)
Railroad undercrossing) and the Mohawk Street Interchange. The project includes the
construction of two bridge structures over the Kern River and one bridge structure over Truxtun
Avenue (for eastbound traffic) as well as the construction of a box culvert for the Cross Valley
Canal (CVC) which is owned and operated by the Kern County Water Agency (KCWA).
Change Order No. 5 provides for the expansion of improvements on Truxtun Avenue. The original
plans as bid showed Truxtun Avenue to be widened with one additional lane for the eastbound
direction (for a total of 3 lanes eastbound), from the connection of the new Westside Parkway
eastbound off ramp east to the BNSF overcrossing. But after further review of these plans by City
staff as well as comments from the City Council when this project was originally awarded,
widening of Truxtun Avenue was expanded to extend this additional third eastbound lane
through the Empire Drive intersection and then to transition down to 2 lanes between the Empire
Drive intersection and the SR -99 overpass. In addition, a third westbound was added from just
east of the Empire Drive intersection west through the intersection to the Westside Parkway
westbound on -ramp. These changes generally change the segment of Truxtun Avenue from SR-
99 to the Westside Parkway ramps into a six lane configuration. The widening of Truxtun Avenue
from SR -99 east through the Oak Street intersection is currently under design; and should traffic
volumes warrant and funds be available, this segment could also be constructed in the future.
This current change includes the construction of about one -half mile of additional travel lanes,
modifications to the traffic signal at Empire Drive, an expanded right -turn lane into the City
Corporation Yard, and some additional retaining wall construction. This change order results in a
net increase of $328,388.62.
Due to the voluminous nature of this change order exhibits, they are on file In the City Clerk's Office for
review
Tdw:G:\GR0UPDAT\ADMINRPT \2012 \10- 17Wdmin Rpt CCO 5 WSPPhase 4.docx
Staff recommends approval of Contract Change Order No. 5. Adequate funds have already
been budgeted to pay for this change order. Change orders to date, including this proposed
change order, total $588,356.26. This is a 2.6% increase over the original contract amount as
illustrated below:
• Original Contract Amount = $ 22,167,156.45
• Previous Change Orders = $ 259,967.64
• Current Change Order No. 5 = $ 328,388.62
• Amended Contract Agreement after Change Order = $ 22,755,512.71
Net Increase to date = $ 588,356.26
4
Tdw:G:\GR0UPDATWDMINRPT\2012 110- 17Wdmin Rpt CCO 5 WSPPhase 4.docx
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: ,PC,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
October 9, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
Reject bid for Decorative Lighting Streetscape Improvements, California Avenue,
P -Q Streets. (Ward 2)
RECOMMENDATION: Staff recommends rejection of bid.
BACKGROUND: Invitations to bid were sent out for Decorative Lighting Streetscape
Improvements, California Avenue, P -Q Streets. One bid in the amount of $179,964.20 was
received from Wesco Distribution, Bakersfield.
The one bid exceeded the amount of funds planned for the project. In addition, the funding
source for this project (redevelopment fund balance) is no longer a viable funding mechanism
based on recent actions of the Department of Finance.
Staff recommends rejection of the bid.
Staff will re- evaluate project funding opportunities at a future date to reconsider the project.
Purchasing Division/kb
S:\Admin\Admin Reports \Reject Bids - Decorative Lighting Streetscape Improvements California Avenue P -Q Streets 11 -12 -100 October 17
2012.docx
10/3/12
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
October 10, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Reject bids for two (2) replacement full size two wheel drive crew cab pickup
trucks for use by the Fire Department. (Citywide)
RECOMMENDATION: Staff recommends rejection of bids.
BACKGROUND: Invitations to bid were sent out for full size two wheel drive crew cab pickups.
Four (4) bids were received from Crown Dodge, Raceway Ford, Reynolds Buick and Jim Burke
Ford ranging in price from $46,998.71 to $52,992.38.
Staff recommends rejecting all bids, re- evaluating the needs of the Fire Department and re-
bidding at a later date.
Purchasing Division/kb
SAPURCHADIUINWdmin 12 -13 \Reject Bids - Full size 2WD Crew Cab Pickup, 12- 13 -19, October 17, 2012.docx
October 10, 2012
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
October 2, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Accept bid from Alinc Technologies LLC in the amount of $47,876.40 for three (3)
SQL server replacements for the Information Technology Division. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over five hundred (500) suppliers for computer
equipment. Five (5) bids were received in response to the solicitation.
The SQL servers will replace the City's Microsoft database servers with redundant, higher
performance machines with substantially lower power consumption. These servers house
nearly all City databases and are shared by all City departments. In addition, these will
function in a clustered environment providing maximum performance time.
The five (5) bids received are as follows:
[I17lI .. •
Alinc Technologies LLC $47,876.40
Austin, TX
Dell Marketing $48,024.05
Round Rock, TX
Tech Strata, LLC $51,633.12
Los Angeles, CA
Capital Data Corp $54,423.69
North Highlands, CA
American Business Machines $55,904.06
Bakersfield, CA
Funds are budgeted in the Equipment Management Fund for this purchase.
Staff finds the bid submitted by Alinc Technologies LLC to be acceptable.
Purchasing Division/kb
& PURCHIADMINWdmin 12- 13%SQL Server Replacement, 12- 13 -20, October 17, 2012.docx
1012/12
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: 6. ' It .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 28, 2012
APPROVED
DEPARTMENT HEAD V? zzz=:7_
CITY ATTORNEY
CITY MANAGER_
Traffic Signal and Lighting System Installation at Panama Lane at Reliance Drive
(Ward 6):
1. Accept bid and approve contract to Loop Electric, Inc ($151,965.50) for the
project.
2. Appropriate $10,000 Transportation Development Fund balance to the Public
Works Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract
and appropriation.
BACKGROUND: This project consists of installing a complete traffic signal and lighting system,
modifying pavement markings and striping, and reconstructing access ramps to meet current
American with Disabilities Act (ADA) requirements. This project is 88.53% federally funded through
the Congestion Mitigation and Air Quality Program (CMAQ) and 11.47% locally funded through
Transportation Development Funds. The Engineer's Estimate for this construction contract was
$138,000.
On August 10, 2011, a total of three bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Loop Electric, Inc
7040 Downing Avenue
Bakersfield, CA 93308 (County)
A -C Electric Company
315 30th Street
Bakersfield, CA 93301 (City)
PTM General Engineering Services, Inc
5942 Acorn Street
Riverside, CA 92614
in the amount of $151,965.50
in the amount of $159,203.25
in the amount of $163,153.65
An additional appropriation of $10,000 is needed to fund this Contract in addition to other costs
associated with this project (potential change orders, in -house inspection services). There is no
General Fund impact associated with this project.
Public Works / Design Engineering / RT
G:\GROUPDAT\ADMINRPT\2012\10-17\PanamaRelianceSignal—T2K206.doc
October 1, 2012, 9:58AM
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: R. • .
JJ
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Art Chianello, Water Resources Manager
October 5, 2012
APPROVED
DEPARTMENT HEAD Qe
CITY ATTORNEY 44?��
CITY MANAGER .S
Demolition of Structures at 4301 Chester Avenue (Ward 3).
1) Approval of a project to demolish six (6) structures on property recently purchased by
City at 4301 Chester Avenue within the Kern River Parkway for an amount not to
exceed $100,000.
2) Appropriation of $100,000 Agricultural Water Fund Balance to the Water Resources
Department Capital Improvement Budget to perform the demolition project.
RECOMMENDATION: Staff recommends approval of the project and appropriation
BACKGROUND: In February 2011 the City's Water Resources Department purchased a parcel of land at
4301 Chester Avenue, located on the west side of Chester Avenue, just south of the Kern River. The
property was purchased to allow the City the ability to further the goals of the City's adopted Kern River
Parkway Plan. The property is approximately five acres and has six (6) existing structures on it.
Since the acquisition of the property, the structures have experienced on -going vandalism and trespassing
incidences and General Services has had to secure the property several times. City management does
not foresee a need to use these dilapidated structures for a future City project, and it has been a
tremendous burden to City staff to keep out trespassers and vandals.
Water Resources has performed an asbestos survey of the structures and has prepared bid documents to
demolish the buildings as the first phase of developing the property as a future amenity of the Kern River
Parkway. Upon approval of the project by City Council this project can be placed out for public bid.
An appropriation of $100,000 is needed to provide the funds necessary to demolish the structures.
Funding is available for the demolition phase of the project through an appropriation of Agricultural Water
Fund Balance to the Water Resources Department Capital Improvement Budget.
jm
S:\2012 ADMIN REPORTS \4301 Chester Ave Structure Demo_Admin Report.docfjm
F tP AM
ADMINISTRATIVE REPORT
n
L
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: October 8, 2012
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGERS _
SUBJECT: Appropriate and transfer $110,000 Transient Occupancy Taxes Fund balance to the
Public Works Department's Capital Improvement budget within the Capital Outlay
Fund for utility relocation work for the Hosking Avenue Interchange Project (Ward
7).
RECOMMENDATION: Staff recommends approval of appropriation and transfer.
BACKGROUND: To maximize the City's opportunity to receive future federal and state grant
funding, City staff has worked towards having the Hosking Avenue Interchange project "shovel
ready." Part of making the project "shovel ready" required the purchase of all right -of -way to
facilitate construction of the project. In purchasing this right -of -way, one business was relocated
to adjacent undeveloped land. This required the City to provide for the construction of the
utilities within a newly constructed street (Silver Dollar Way) to serve the parcel where the business
would relocate.
The appropriation of these funds is necessary to pay the utility companies for their construction
costs and purchase some materials. Following is a summary of these utility costs:
• PG&E (Electric) $66,125
• PG&E (Gas) $ 3,301
• California Water Co $21,937
• Purchase of electric conduit and vaults for $15,000
PG&E electric installation
Total
rounded to $110,000 for contingencies
These improvements are not eligible for federal or state gas tax funding, nor are they an eligible
Transportation Development cost. The Transient Occupancy Tax (Hotel Tax) Fund has some
funding available as actual revenues for 2011/12 came in higher than estimated. Staff
recommends the use of Transient Occupancy Tax as the funding source for the utility
improvements.
The business has removed their facilities from the Hosking Avenue Interchange right -of -way and
the project is now "shovel ready."
bu
G: \GROUPDAT \ADMINRPT \2012 \10 -17 \Utility Relocation.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: S. it.
11103
FROM:
DATE:
Honorable Mayor and City Council
Greg Williamson, Chief of Police
October 5, 2012
APPROVED
DEPARTMENT HEAD "'
CITY ATTORNEY Y`
CITY MANAGER
SUBJECT: Appropriate $260,000.00 Federal Grant Revenues to the General Fund Police
Operating Budget, to fund the Kern Avoid the 18 DUI Campaign.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
The Bakersfield Police Department has been awarded $260,000.00 from the State Office of Traffic
Safety (O.T.S.) to fund the KERN Avoid the 18 DUI Campaign (AVOID) from 10/01 /12 through
09/30/13.
The Bakersfield Police Department will continue serving in the role as the host agency for a
Regional DUI effort in Kern County to reduce alcohol - involved fatalities and injuries, and raise
general public awareness regarding the problems associated with drinking and driving.
Participating agencies include Police Departments from the cities of Arvin, Bear Valley,
California City, CSUB, Delano, KCDA Crime Lab, McFarland, Ridgecrest, Shafter, Stallion Springs,
Taft, Tehachapi, Kern County Sheriff's Department, KERN County Probation Department, ABC
and the California Highway Patrol.
Activities will include DUI Checkpoints, DUI Saturation Patrols, DUI Task Force Operations, DUI
Warrant /Probation Sweeps and Court Sting Operations for repeat DUI offenders during the
Winter Holiday Mobilization, Memorial Day Weekend, Independence Day Weekend /Period,
Summer Mobilization, special dates, county fairs, festivals, and other community events with
identified DUI problems.
The funding source of this award is the National Highway Traffic Safety Administration through
the California Office of Traffic Safety. Therefore, an appropriation of $260,000.00 Federal Grant
Revenues to the General Fund Police Operating Budget is requested.
DB
Page 1 of 2
ADMINISTRATIVE REPORT Page 2
The funded strategies, personnel, supplies and services include:
Overtime
• DUI /Driver's License Check Points
• DUI Saturation Patrols
• Task Force Operations
• Warrant /Probation sweeps, stakeouts and court "stings" to focus on DUI offenders with
suspended or revoked driver licenses who get behind the wheel after leaving court.
• Public Information Officer
• Grant Management
Contractual Services
• Contractual Services with Allied Agencies
• Phlebotomist and Breathalyzer services at DUI checkpoints
Training
• Travel Expenditures for OTS Training
Sup011es and Materials
• Checkpoint supplies
• Educational Materials
DB
ujat�✓r --
l' BAI<�;
L3 _
F ADMINISTRATIVE REPORT
.............
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: .
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: October 5, 2012
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Appropriate $44,443.00 Federal Grant Revenues to the General Fund Police
Operating Budget, to fund the "A Life Interrupted" Program.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
The Bakersfield Police Department has been awarded $44,443.00 from the State Office of Traffic
Safety (O.T.S.) to fund the "A Life Interrupted" (ALI) program from 10 /01 /12 through 09/30/13. This
O.T.S. grant award will fund overtime for Traffic Officers to present the "A Life Interrupted"
program, and to purchase a laptop computer for the Traffic Division.
The Bakersfield Police Department has developed an award winning multimedia program
entitled "A Life Interrupted" which promotes safe and sober driving foryoung, newly licensed
drivers. Since the inception of the program, the BPD has presented the program to
approximately 12,000 high school students per year. The program consists of a traffic officer
discussing fatal collisions involving local teens, and emotionally reaches the students when the
mothers of some of the drivers killed in the collisions speak to the students about "their story."
The funding source of this award is the National Highway Traffic Safety Administration through
the California Office of Traffic Safety. Therefore, an appropriation of $44,443.00 Federal Grant
Revenues to the General Fund Police Operating Budget is requested.
DB
P:\BPD\ADMIN RPTS\ADMIN RPTS FY 12- 13WDMIN RPT - (10- 17 -12) 2012 OTS ALI GRANT (AL1383).docx
10/3/2012 10:09 AM Page 1 of 1
9 A
� , I
ADMINISTRATIVE REPORT
MEETING DATE October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Douglas R. Greener, Fire Chief
DATE: September 26, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY 1/(�
CITY MANAGER
SUBJECT: Appropriate $9,238 Federal Grant Revenues from US Department of Homeland
Security to the Fire Department Operating Budget within the General Fund for
televised Public Service Announcements on Carbon Monoxide Poisoning. (All
Wards)
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
On May 4, 2011, the City Council appropriated the 2010 Assistance to Firefighters Grant (AFG)
on behalf of the US Department of Homeland Security and approved the appropriation of City
matching- funds for the purchase of live -fire training props. The project was approved for
$213,621 with AFG funding 80% and City funding the remaining 20 %. The live -fire training props
were purchased at less than the estimated purchase price leaving $9,238 in AFG funds
available for additional projects.
Excess AFG funds may be used for several programs including the purchase of eligible items,
Fire Prevention and Safety, Training and/or Wellness and Fitness, or a combination of these
programs. AFG funds were approved for Fire Prevention and Safety to fund a public service
announcement on carbon monoxide poisoning.
Excess AFG funds will be used to produce and broadcast televised public service
announcements promoting public awareness of the dangers of carbon monoxide (CO) and
the new law requiring CO detectors. California Senate Bill 183, the Carbon Monoxide
Poisoning Prevention Act of 2010 requires all residential -type occupancies with attached
garages, fireplaces, or natural gas appliances to have a working CO detector installed no
later than January 1, 2013. Carbon monoxide poisoning accounts for approximately 30 to 40
avoidable deaths in California each year. The California Health and Safety Code 13260
estimates that equipping every home with a CO detector would cut accident related costs by
93 %.
October 9, 2012, 2:04PM
S: \Crosby\Admin. Reports\AFG appropriation PSA.docx
ADMINISTRATIVE REPORT
Staff requests the appropriation in excess AFG funds to the Fire Department operating budget
in the General Fund to produce and broadcast public service announcements on the
dangers of carbon monoxide and the new legislation on CO detectors. The cost of the public
service announcement will be paid by the appropriation, and any additional incremental
costs will be funded by the Fire Department operating budget for public education.
October 9, 2012, 2:04PM
SACrosby\Admin. Reports\AFG appropriation PSA.docx
MEETING DATE: October 17, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Christi Tenter, Human Resources Manager DEPARTMENT HEAD
DATE: October 17, 2012 CITY ATTORNEY ✓4
CITY MANAGER &
SUBJECT: Revised Job Specifications: Light Equipment Operator - Streets (# 13170)
Heavy Equipment Operator - Streets (# 13200)
Motor Sweeper Operator (# 13270)
Sewer Maintainer II (# 13460)
Sewer Maintainer III (# 13470
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
As part of the Recruitment process, all City job specifications are being reviewed and updated
to ensure consistency both internally with City positions and externally with other comparable
agencies and municipalities. In addition, we have updated each job specification to reflect
current industry terminology. The job specifications have also been put into a new format for
readability. Some job specifications have not been amended in years, the oldest being 1989.
SEIU has been advised of the proposed recommendations. There is no budgetary impact as
the salaries will remain the same. The revised job specifications are being presented to the
Miscellaneous Civil Service Board at their October 16, 2012 meeting.
(mb)
MEETING DATE: October 17, 2012 AGENDA SECTION: Successor Agency
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
October 4, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY_ D�
CITY MANAGER
Receive and file successor agency payments from September 14, 2012 to
October 4, 2012 in the amount of $588,870.13.
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2013\ADMIN —SA 10- 17- 12.doc
TO: Honorable Mayor and City Council APPROVED
DEPARTMENT HEAD
FROM: Douglas N. Mclsaac, Community Development Director CITY ATTORNEY
CITY MANAGER
DATE: October 11, 2012
SUBJECT: Review and comments on the Revised Draft Environmental Impact Statement /Report
for the California High Speed Rail Project, and direct the City Attorney to retain
outside counsel for the purpose of Authorizing Initiation of Litigation against the High
Speed Rail Authority
RECOMMENDATION:
Staff recommends acceptance of the report.
The City Attorney's Office recommends that Council consider a motion directing the City Attorney
to retain outside counsel for the purpose of Authorizing Initiation of Litigation against the High
Speed Rail Authority on the grounds that said Revised DEIS /EIR fails, at a minimum, to comply with
the California Environmental Quality Act (CEQA).
BACKGROUND:
On July 20, 2012 the California High Speed Rail Authority (Authority) released the Revised Draft
Environmental Impact Statement /Report (RDEIR) for the Fresno - Bakersfield High Speed Rail
segment. Public comments were initially due September 20, 2012 (60 -day public comment
period), but were extended by the Authority 30 days to October 19, 2012.
The rail will have significant construction and operational impacts on City facilities, TRIP projects,
and to businesses and residents of the City that will permanently affect the physical environment
and quality of life in the region, Our previous comments on the draft EIR identified impacts to City
assets such as the Corporation Yard, Rabobank Arena, McMurtry Aquatic Center, the Mill Creek
redevelopment projects, local streets, and the West Beltway /Centennial Corridor. Also noted
were impacts to private residents, businesses, schools, churches and medical facilities. Staff found
that the previous document was poorly constructed and difficult for the pub!ic to follow.
Mitigation of impacts was either lacking or deferred until a later time inconsistent with the
California Environmental Quality Act (CEQA). Although the Authority has had months in which to
address the issues raised in our earlier letter, many of the City's comments and concerns remain as
the revised document continues to lack clarity and provide appropriate mitigation of impacts.
This is disturbing given the significant time and effort that has been expended by City staff with the
review of the previous draft. Furthermore, with the addition of a third "Hybrid" alternative through
October 11, 2012, 11:55AM
JGE: P: \HighSpeedRoil \EIS -EIR \Revised EIR \Admin Report - Workshop 9 -12 -I2 Update on RDEIR - revised2.docx
ADMINISTRATIVE REPORT page
the central portion of the City, homes and businesses previously unaffected, including the
Bakersfield Homeless Shelter, are now impacted by the project.
The original document consisted of multiple volumes with over 3,300 pages that included
approximately 2,100 pages of text, and nearly 1,200 maps and drawings. The REIR has grown to
include an additional 900 pages of text, and over 300 pages of maps and drawings. This is mainly
the result of adding analysis for a new "Hybrid" alignment and station in Bakersfield, and additional
alignments and station locations west of Hanford.
The addition of these new alignments creates up to 72 possible combinations of alternatives
between Fresno and Bakersfield that could be selected by the Authority; through Metro
Bakersfield, there are only three actual alignments and all are fairly close together. Other
clarifications and updates have also been made throughout the document. Although the report
is still not public - friendly, the text revisions are shown shaded in gray to make it easier to see what
has changed from the previously released document.
Adoption of the final environmental document addressing public comments is a significant action
in and of itself. This will allow for the selection of one of the alternate alignments, which would then
permit right -of -way acquisition and construction to move forward at some point in the future,
currently unknown at this time. This action will cast a cloud over the various properties along the
selected alignments, in terms of their value. For this reason, mitigation must be incorporated into
the final EIR, or protection of assets is at risk.
This workshop is intended to cover the major points that will be forwarded to the Authority for their
consideration in the Final EIS /EIR. As is presented below, the RDEIR places at risk millions of dollars in
City assets, with little or no mitigation being offered at this time.
General Overview Comments:
• The Authority is analyzing three elevated rail alternatives through the metropolitan area.
Initially, two alternatives were identified being the BNSF Alternative and the Bakersfield
South Alternative. The BNSF Alternative generally follows the BSNF rail from the north, then
through downtown along the southern side of the BSNF yard impacting Bakersfield High
School, then continuing east along the BNSF track. The BNSF Station is proposed directly
across from the Amtrak Station.
The Bakersfield South alternative splits off from the BNSF Alternative south of Rosedale Hwy
paralleling it to the north, then through downtown along the north side of the BSNF yard
impacting Mercy Hospital, then crossing the BNSF Alternative near the convention center
impacting the new Mill Creek project area (apartments). It then continues east along the
north side of California Avenue, rejoining the BNSF line near Oswell Street. The Bakersfield
South Station is situated south of the BNSF Station site closer to California Avenue.
The new Bakersfield Hybrid Alternative is proposed following Bakersfield South Alternative. It
then splits off in a southerly direction near Mercy Hospital crossing the BNSF Alternative, then
curves north re- crossing the BSNF Alternative and crossing the Bakersfield South Alternative
continuing east along the south side of the existing BNSF rail line. This alternative will reduce
the speed of the train due to additional curves and estimates in the RDEIR state this
alternative would add about a minute to the travel time between San Francisco and Los
October 11, 2012, 12:35PM
P: \High5peedRoil \EIS -EIR \Revised EIR \Admin Report - Workshop 9 -12 -12 Update on RDEIR - revised2.docx
ADMINISTRATIVE REPORT
page 3
Angeles. This alignment avoids buildings on the Bakersfield High School campus, but would
cause the relocation of the Bakersfield Homeless Shelter.
The lead agency for the project is the California High Speed Rail Authority, which was
established in 1996 as a State entity (as defined on their web site). As such, we question
why the draft document is not following more detailed and higher standards of the
California Environmental Quality Act (CEQA) and related CEQA Guidelines.
Both NEPA and CEQA state that an EIS and /or EIR shall be written in plain language and use
appropriate maps and graphics so decision - makers and the public can rapidly understand
the documents. Additionally, the draft document should normally be less than 105 pages,
and for proposals of unusual scope or complexity, may be up to 300 pages. This draft
document is five times the recommended maximum. Its size and inclusion of highly
technical discussions and the inclusion of technical engineering drawings are
undecipherable to the majority of the general public.
The City received public notice based on their ownership of impacted properties, which
was identified by an Assessor's parcel number at the upper right -hand corner of the notice
(note: some of these numbers were incomplete for proper identification). We presume that
other individuals with impacted properties may have also received this notice and that
these notices were sent only to those property owners impacted as identified in "Volume II -
Parcels Within the HSR Footprint ". However, there is nothing in the notice that states these
properties are within the footprint of the HSR, or does it give any indication that the HSR
directly affects their property or business. No detailed maps are provided with the notice -
a property owner would either have to go to a location where hard -copy documents are
provided, or download a very large map volume (that shows all the properties between
Fresno and Bakersfield) from the Authority's website.
One major change to the RDEIR is that it includes maps and discussion of the three rail
alternatives beyond Union Avenue into East Bakersfield to Oswell Street, which is the point
where all of the alternatives converge back to a single alignment. In the previous
document, property owners east of Baker Street were not shown maps or provided any
detailed discussion of the rail alternatives. The revised document provides those residents
and business with more information as to the direct impacts their properties, which staff
attributes to previous comments made by the City and others locally that were highly
critical of this area originally being excluded.
II. Major Impacts by Topic /Area:
A. TRIP Proiects:
Significant impacts to the Westside Parkway and Centennial Corridor project. There
are conflicts with our TRIP projects currently under construction, as well as the future
Centennial Corridor. Furthermore, if High Speed Rail adopts the EIR or plan
alignments with such conflicts, it may create environmental document conflicts that
could significantly impact the Centennial Corridor project, a $400 million centerpiece
of the TRIP Program, and which is to be the extension of Highway 58.
October 11, 2012 12:35PM
P:\HighSpeedRail\EIS-EIR\Revised EIR \Admin Report - Workshop 9 -12 -12 Update on RDEIR - revised2.docx
ADMINISTRATIVE REPORT
B. Redevelopment Project Impacts:
page 4
Impacts the new South Mill Creek apartment project, of which phases are
completed and others under construction (approximately $17 million). Although all
alignments affect the project, the Bakersfield South and Hybrid alignments would
remove the recently opened CityPlace complex (affordable units). The RDEIR does
not adequately discuss nor address impacts to the City's South Mill Creek
Redevelopment Project. According to the document, all affordable housing in
South Mill Creek will be permanently impacted by the project. However, the
document does not describe the direct impacts to the project, nor does it address
the economic impact on the redevelopment project as a whole.
C. Traffic Circulation Impacts:
• Closes Hayden Court (off Union) and affects all of the businesses along that street.
• Although it is outside the city limits, maps show that Palm Avenue, a major east -west
collector, is proposed to be permanently closed west of Calloway Drive.
• Multiple roadway grade separations - construction will affect traffic circulation during
project construction.
• Multiple intersections and streets impacted during construction with temporary
closures and detours.
D. City of Bakersfield Facility Impacts:
• Impacts the loading area of the convention center - no discussion or design of how
this will be mitigated.
• Removes portions of the convention center parking south of the existing railroad.
• Relocation of the pedestrian bridge from the parking lot to the convention center.
• Relocation of the City Corporation facility - this is the facility from which we run
sanitation, streets, parks, and do all of the automotive work for City operations. This is
a $150 million asset, and the City previously requested that they move the proposed
rail facility off City property. The Authority replied on June 211t that implied they
would accommodate our request, but in both the DEIR and RDEIR, the rail will impact
the entire City facility.
• Relocation of the City's communication /Police garage along 15th Street and
removes portions of the parking lot at City Hall South (approximately $10 million,
including the land).
October 11, 2012, 12:35PM
P: \HighSpeedRail \EIS -EIR \Revised EIR \Admin Report - Workshop 9 -12 -12 Update on RDEIR - revised2.docx
ADMINISTRATIVE REPORT
page 5
Removes most parking south of the convention center, including parking for the
aquatic center. Months ago, we provided the High Speed Rail Authority with an
outline of what mitigation would be needed for the Arena's parking needs based on
previous commitments and obligations for events. Nothing appears in the RDEIR
regarding impacts or mitigation.
• Financial compensation for park land replacement is noted, but the RDEIR does not
identify the parks affected or how much land would be affected.
E. Miscellaneous Community Impacts:
• Relocation of the City Credit Union.
Relocation of the Bakersfield Homeless Shelter.
• Impacts the Bakersfield Commons, a 225 -acre mixed use project with retail, office
and residential components.
• Impacts Bakersfield High School by removing all buildings north of 14th Street. Those
and other issues concerning student safety have not been fully identified nor
mitigated.
Impacts to Mercy Hospital and associated medical offices.
• Biological impacts do not identify or discuss how the project is consistent with the
Habitat Conservation Plan.
Visual impacts only require the HSR designers to "consider" local input, but no
specifics are given. Impacts remain significant after mitigation.
• The discussion for the Kern River Parkway discusses the effects of construction
activities and the creation of noise and visual changes. The analysis does not address
the effects of operational noise from trains operating overhead on an elevated track
and the effect on recreational use of the adjacent parks, bikeway and hiking trails.
The visual change with the introduction of an elevated rail system is expected to be
dramatic and not negligible as concluded.
Significant Historic Architectural Resources by Alternative does not identify SR -204 or
Union Avenue as an historic resource. In August 2010, the Department of
Transportation (Caltrans) prepared a Historical Resources Compliance Report (HRCR)
for the Relinquishment of State Route 204. Caltrans determined that SR 204 (Historic
US 99) from Airport Drive and SR 99 to Brundage Lane meets the National Register of
Historic Places (NRHP) criteria. The California State Historic Preservation officer (SHPO)
concurred on September 21, 2010 with Caltrans' determination and agreed to add
SR 204 to the Master List of State -owned Historical Resources. SR 204 may require
additional mitigation subject to SHPO approval.
October 11, 2012, 12:35PM
P: \HighSpeedRail \EIS -EIR \Revised EIR \Admin Report - Workshop 9 -12 -12 Update on RDEIR - revised2.docx
ADMINISTRATIVE REPORT
PROJECT STATUS:
page 6
On July 18, 2012 Governor Jerry Brown signed a bill (SB 1029) to fund construction of the first section
of the high -speed line plus additional commitments. The bill signing followed the state Senate's
approval (by a single vote) earlier in the month of nearly $8 billion in state and federal money to
build the initial section of the line in the Central Valley and to make a series of transportation
infrastructure improvements in the Los Angeles and San Francisco Bay areas.
According to Authority's website, the total infrastructure commitment now involves:
• $6 billion for construction of the first section of the high -speed line in the Central Valley
($2.7B of state HSR bonds and $3.3B of federal funds);
$1 billion in Northern California transit projects including:
• SFMUNI - Central Subway
• Caltrain - Electrification
• BART - Millbrae Station Track Improvement & Car Purchase
• Caltrans (Amtrak) - Capitol Corridor, Oakland to San Jose Track Improvement
o Peninsula Corridor Joint Powers Board - Caltrain Advanced Signal System
o Santa Clara Valley Transportation Authority - Caltrain Advanced Signal System
(When included with federal and other funds, SB 1029 helps bring $3.6 billion of economic
investment into Northern California)
$700 million in Southern California transit projects including:
o LA County Metropolitan Transportation Authority - Regional connector transit corridor
improvements
o Southern California Memorandum of Understanding - improve local networks and
facilitate high -speed rail travel to the greater LA area.
• Southern California Regional Rail Authority (SCRRA) - New or improved
locomotives /cars
• San Diego MTS - Blue Line Light Rail
• North County Transit District (NCTD) - Positive train control
(When included with federal and other funds, SB 1029 helps bring $2.8 billion of economic
investment into Southern California)
As noted in the last two bullet points above, funding is for upgrades to conventional transit and
commuter services. Although the Authority states these improvements are necessary to the
system's "bookends" and are part of the high speed rail system, there has been significant criticism
that these projects are unrelated to the high -speed rail initiative approved by the voters in
Proposition 1 A.
The project also faces a number of legal challenges that could potentially delay its construction
for years. Any of these actions could interrupt the issuance of the bonds and /or land acquisition
and delay the start of construction, threatening the Authority's ability to complete the Central
Valley section by the federally imposed deadline of September 2017. These include:
October 11, 2012, 12:35PM
P: \High5peedRail \EIS -EIR \Revised EIR \Admin Report - Workshop 9 -12 -12 Update on RDEIR - revised2.docx
ADMINISTRATIVE REPORT
page 7
• A major lawsuit asserting that the project as proposed and approved by the Legislature
does not comply with various provisions of Proposition 1 A. (John Tos, Aaron Fukuda and
County of Kings v. California High Speed Rail Authority).
• A lawsuit filed by the Madera County, Chowchilla Water District, the Madera and Merced
County Farm Bureaus, the agricultural organization Preserve Our Heritage, and the
Fagundes Dairy asking for a preliminary injunction to block rail construction between
Merced and Fresno and reverse the Authority's approval of that segment's EIR.
• Several lawsuits challenging the Program level EIR for the Bay- Area -to- Central- Vailey section
of the statewide project. A victory by the challengers of the Program EIR would invalidate
any project level EIRs in the Central Valley.
• Potential environmental lawsuits charging the HSR project with violations of the state
environmental law (CEQA) and the Endangered Species Act.
• The possibility of a legal challenge that Proposition 1 A money is being used "unlawfully," for
non -HSR projects in the "bookend" areas.
Lastly, we note that the Authority recently entered into an agreement with the City of Fresno to
create a "Local High Speed Rail Business Support Services Program" with funding in the amount of
$4.6 million, which will in part pay for additional city employees to deal with the numerous complex
issues that will affect Fresno area businesses. However, Bakersfield will be placed in a similar
situation but no such program has been offered to the City. The City Manager has written a letter
to the Authority asking for equal treatment for Bakersfield, but we have not yet received a
response to our inquiry.
The following tables below show the number of homes and business affected by each by
alternative and station location:
Rail Alignment
Alternative
Homes
Displaced
Residents
Relocated
Businesses
Displaced
Employees
Relocated
SF
265
811
302
1521
uth
L
272
833
135
1040
brid
186
569
280
1398
Station Alternative
Businesses Displaced
Employees Relocated
BNSF
19
229
South
6
174
rybriid
22
194
October 11, 2012, 12:35PM
P: \HighSpeedRoil \EIS -EIR \Revised EIR \Admin Report - Workshop 9 -12 -12 Upoote on RCEIR - revised2.docx
MEETING DATE: October 17, 2012 AGENDA SECTION: New Business
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
October 2, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ES
Resolution exempting the City from prevailing wage requirements for locally
funded public works contracts, except where required by law. (All wards)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
On July 2, 2012, the California Supreme Court issued a decision, State Building and Construction
Trades Council of California AFL -CIO v. City of Vista, that clarified that charter cities may
exempt themselves from the payment of prevailing wages for locally funded public works
projects.
In that case, the City of Vista passed an ordinance that prohibited any city contract from
requiring payment of prevailing wage unless 1) such payment was required by the terms of a
state or federal grant; 2) the contract does not involve a municipal affair; or 3) payment of the
prevailing wage is separately authorized by the city council. The ordinance was subsequently
challenged in court. The challenge was based on whether a charter city could exempt itself
from the state's prevailing wage law. The court held that the wage levels of contract workers
constructing locally funded public works are a "municipal affair." Under the California
Constitution, charter city laws supersede state law with respect to a city's "municipal affairs."
The City of Bakersfield is a charter city and may adopt a resolution to assert its municipal
autonomy and conserve valuable financial resources by exempting itself from California's
prevailing wage requirements for locally funded public works contracts. Other charter cities
that have adopted similar resolutions include the cities of Arcadia, Modesto, Pacific Grove, and
Newport Beach.
The attached resolution provides an exemption for locally funded public works projects, unless
1) payment of prevailing wage is required by the terms of a federal or state grant; 2) the public
work is a matter of state -wide concern; or 3) the payment of prevailing wage is separately
authorized by the City Council.
Financial Imaact: It is difficult to determine an exact dollar amount of savings because public
works projects vary in size and price. Attached is a memorandum from the City Manager's
Office regarding the financial impact of prevailing wage and public works projects.
JHR :dll S: \COUNCIL \Admins \12 -13 Admins \PrevailingWageReso.docx
Attachment
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 26, 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, Councilmembers Salas,
Benham, Weir (seated at 5:20 p.m.),
Hanson, Sullivan (seated at 5:17 p.m.),
Johnson
Absent: Vice -Mayor Couch
City Clerk Gafford announced staff has requested that
Consent Calendar Item 8.1. be pulled from tonight's agenda.
2. INVOCATION by Najib Sufi, Alfarooq Islamic Center.
3. PLEDGE OF ALLEGIANCE by Jordyn Reyes, 4t" grade
student at Suburu Elementary School.
Mayor Hall acknowledged the students from the Bakersfield
College political science class in attendance at the meeting
to learn about City government.
4. PRESENTATIONS
a. Presentation of a check by the local Sikh
community to Chief Greg Williamson, on behalf
of Lt. Brian Murphy, Oak Creek, Wisconsin,
Police Department, in appreciation of his
averting further casualties during the shootings
last month at the Oak Creek Sikh Temple.
Members of the local Sikh community
presented Chief Williamson with checks and a
plaque on behalf of Lt. Murphy and Officer Sam
Linda.
Gurujodha Khalsa and Amrinder Sidhu made
comments.
ACTION TAKEN
Bakersfield, California, September 26, 2012 — Page 2
5. PUBLIC STATEMENTS
a. John Hefner, President of the Bakersfield Sister
City Project Corporation, spoke regarding the
new Sister City Gardens at Mill Creek, which
opened on August 22nd, and thanked all the
people involved.
b. Jae Shin, President of the Korean - American
Association, spoke regarding a group of 35
Korean dancers and musicians who will be
coming to Bakersfield from October 11 th
through 14th, and will be performing at the
Harvey Auditorium on Saturday, October 13th,
at 7:00 p.m., and he encouraged everyone to
attend.
C. Ashley Robinson, a Senior Vice - President at
Bakersfield High School; Becky Zobel, a
Registered Nurse; Fred Files, Pastor of McKee
Road Baptist Church in Greenfield; and Tim
Palmquist urged the City to adopt a Human Life
Ordinance.
d. Dave Cross invited all interested parties to
attend a workshop charrette meeting
concerning the High Speed Rail on Saturday,
October 6, 2012, from 9:00 a.m. to 12:00 Noon,
at the Marriott Hotel, which is being
coordinated by the Bakersfield Downtown
Business Association and others, for the purpose
of studying and recommending a coalition
report for the High Speed Rail Authority Revised
Environmental Impact Report concerning the
three alternative routes in Kern County and the
three station locations in downtown Bakersfield.
e. Marvin Dean spoke regarding today's meet
and greet session with the High Speed Rail
Authority leadership, and thanked the City staff
who participated.
f. Dennis Fox spoke regarding his concerns about
the Air District matter coming before the City
Council in November.
g. Kameron Kephart spoke regarding antitrust
enforcement in Bakersfield and Kern County,
and Hall Ambulance.
ACTION TAKEN
Bakersfield, California, September 26, 2012 - Page 3
6. WORKSHOPS
a. Golden Empire Transit District Long Range
Transit Study.
Karen King, Chief Executive Officer of Golden
Empire Transit District, made comments,
provided a PowerPoint presentation, and
submitted written material. Ms. King indicated
that ridership counts at bus stops will continue,
as well as dialog with the Homeless Shelter.
Councilmember Weir asked that a copy of the
25 Year Plan be provided to City staff to
distribute to the City Council.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 12, 2012
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
August 28, 2012 to September 13, 2012 in the
amount of $32,755,746.45 and self- insurance
payments from August 28, 2012 to September
13, 2012 in the amount of $268,017.74, totaling
$33,023,764.19.
Ordinances:
ACTION TAKEN
Resolutions:
C. Resolution confirming approval by the City RES 102 -12
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City
for which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and authorize
collection of the assessments by the Kern
County Tax Collector.
8.
Bakersfield, California, September 26, 2012 — Page 4
CONSENT CALENDAR continued ACTION TAKEN
d. Resolution determining that certain Motorola RES 103 -12
Radio Equipment cannot be obtained
through the usual bidding procedures because
of the need to integrate in the existing radio
infrastructure and authorizing the Finance
Director to dispense with bidding thereof, not to
exceed the budgeted amount of $150,300.
e. Resolution supporting Proposition 35 RES 104 -12
(Californians Against Sexual Exploitation Act).
f. Resolution authorizing the sale ($1.00) of Self RES 105 -12
Contained Breathing Apparatus to Santiago De
Queretaro, Mexico, a governmental entity and
Bakersfield Sister City.
g. New Job Specification and Change to Salary
Schedule:
1. Amendment No. 3 to Resolution AGR 111 -11(3)
No. 111-11 setting salaries and related
benefits for officers and employees of
the General Supervisory, Police
Supervisory and Management Units and
adopting salary schedule and related
benefits for Revenue Program Supervisor.
2. New Job Specification: Revenue
Program Supervisor ( #57070).
h. Resolution adding territory, Area 4 -108 (2830 RES 106 -12
Eye Street) to the Consolidated Maintenance
District and approving, confirming and
adopting the Public Works Director's Report
and authorizing collection of assessments by
the Kern County Tax Collector.
Resolutions of Intention adding the following
territories to the Consolidated Maintenance
District and preliminarily approving, confirming,
and adopting the Public Works Director's
Report:
1. ROI No. 1725 adding Area 3 -86 (E of SE ROI 1725
corner of Panama Lane and Old River
Road).
2. ROI No. 1726 adding Area 5 -64 (9001 ROI 1726
South H Street).
Bakersfield, California, September 26, 2012 — Page 5
8. CONSENT CALENDAR continued
j. Resolution of Intention No. 1727 forming a Traffic
Signal Maintenance District designated as TS -22
(2615 -2700 Chester Avenue) and preliminarily
adopting, confirming and approving the Public
Works Director's Report.
k. Pin Oak Park Playstructure:
1. Resolution determining that Pin Oak Park
2 to 5 year old children's playground
cannot be reasonably obtained through
the usual bidding procedures and
authorizing the Finance Director to
dispense with bidding thereof to design,
purchase and install Playworld
#C12054PM Playmaker Playstructure
from Dave Bang Associates, Inc., not to
exceed $40,000.
2. Agreement with Dave Bang Associates,
Inc. (not to exceed $40,000), to design,
purchase and install playstructure.
Agreements:
I. Agreement with Clifford and Brown for legal
services (not to exceed $75,000) in connection
with the acquisition of easements required by
the conditions of Tentative Parcel Map 11894.
M. Contract Change Order No. 61 to Agreement
No. 09 -076 with Security Paving Company, Inc.
($52,505.80; revised not to exceed
$87,461,338.95/funded with traffic impact fees),
for the construction of the Westside Parkway
Phase 2 Project. (TRIP)
n. Contract Change Order Nos. 1 through 3 to
Agreement No. 12 -064 with Granite
Construction Company ($139,306.20; revised
not to exceed $897,876.20) for construction of
State Route 184 at Bedford Green Drive.
Bids:
o. Accept bid from Mity Lite, Inc. ($79,940.93), for
replacement tables for use in the Convention
Center and Rabobank Arena.
ACTION TAKEN
ROI 1727
RES 107 -12
AGR 12 -126
REMOVED BY STAFF
AGR 09 -076
CC061
AGR 12 -064
CCO1, CCO2, CC03
Bakersfield, California, September 26, 2012 - Page 6
8. CONSENT CALENDAR continued
P. Rescind bid award to Ride Now Powersports for
four police special motorcycles for the Police
Department.
q. Police Special Sedans:
1. Extend bid from Jim Burke Ford
($321,952.68) for fourteen additional four
door police special sedans for the Police
Department.
2. Appropriate $56,000 Equipment Fund
balance to the Public Works and IT
operating budgets within the Equipment
Management Fund.
Miscellaneous:
Appropriate $12,000 Federal Grant Revenues to
the Police Department Operating budget
within the General Fund to purchase uniforms
and equipment for officers participating in
multi- agency narcotics operations.
Appropriate and transfer $15,000 Fire
Trust- Hazmat Penalty Funds to the Certified
Unified Program Agency Fund Operating
budget for mandated online records entry
into the California Electronic Reporting System
2.0 System.
ACTION TAKEN
t. Approval of like kind land exchange with the
Housing Authority of Kern, LLC, for property
located west of South Union Avenue and north
of Panama Lane.
U. Quitclaim Deed to JEC Panama, LLC, and C&C
DEED 7552
Properties, Inc., removing a Temporary
Turnaround Easement in Parcel Map 11118,
located south of Pacheco Road and east of
Gosford Road.
Successor Agency Business:
V. Receive and file successor agency payments
from August 28, 2012 to September 13, 2012 in
the amount of $87,072.64.
Motion by Councllmember Hanson to adopt APPROVED AB COUCH
Consent Calendar items 8.a. through 8.v., with the
deletion of item 8.1.
Bakersfield, California, September 26, 2012 — Page 7
9. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN
None.
10. HEARINGS
a. Public hearing to consider adoption of RES 108 -12
resolution certifying the Final Environmental
Impact Report (EIR) for the Kern River Flow and
Municipal Water Program.
City Clerk Gafford announced that seven items
of correspondence have been received
regarding this hearing: One letter from the
North Kern Water Storage District, Shafter-
Wasco Irrigation District, Semitropic Water
Storage District, City of Shafter and City of
Wasco; one letter each from Kern Delta Water
District, City of Shafter, Downey Brand, and
Robert Crewdson; and one e -mail each from
Jerry Ludeke and Jason Cater.
Water Resources Manager Chianello made
staff comments, provided a PowerPoint
presentation and recommended adoption of
the Resolution.
Hearing opened at 6:30 p.m.
The following individuals spoke in opposition of
the staff recommendation: Dennis Fox; and
Richard Diamond, General Manager of the
North Kern Water Storage District.
The following individuals spoke in support of the
staff recommendation: Rich O'Neil, President
of the Kern River Parkway Committee; Madi
Elsea, President of the Kern Audubon Society
(submitted written material); Scott Hayworth; Bill
Cooper, President of the Kern River Parkway
Foundation; and John Elwee.
No one spoke in rebuttal.
Hearing closed at 6:52 p.m.
Motion by Councilmember Hanson to adopt the APPROVED
Resolution certifying the Final EIR for the Kern AB COUCH
River Flow and Municipal Water Program.
Bakersfield, California, September 26, 2012 — Page 8
10. HEARINGS
b. Public hearing to consider adoption of
resolution establishing Underground Utility
District No. 4, Division 01 (Allen Road at the
Westside Parkway). (TRIP)
Public Works Director Rojas made staff
comments and recommended adoption of the
Resolution.
Hearing opened at 6:58 p.m.
No one spoke.
Hearing closed at 6:58 p.m.
Motion by Councilmember Hanson to adopt the
Resolution establishing Underground Utility
District No. 4, Division 01.
11. REPORTS
None.
12.
DEFERRED BUSINESS
a. City Council Meeting Times:
l . Adoption of Ordinance amending
Chapter 2.04.010 of the Municipal Code
relating to City Council Meeting times.
(FR 9/12/12)
2. Resolution adopting a City policy
regarding the starting times for City
Council meetings.
City Manager Tandy made staff comments
and recommended adoption of the Ordinance
and Resolution.
Motion by Councilmember Hanson to adopt the
Ordinance and Resolution regarding City policy
for starting times of City Council meetings.
13. NEW BUSINESS
None.
ACTION TAKEN
RES 109 -12
APPROVED
AB COUCH
ORD 4689
RES 110 -12
APPROVED
AB COUCH
NOES SALAS,
JOHNSON
Bakersfield, California, September 26, 2012 - Page 9
14. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b) (3) (A) of Government Code Section 54956.9
(two matters).
Motion by Councllmember Hanson to adjourn to
Closed Session at 7.00 p.m.
Motion by Councllmember Weir to adjourn from
Closed Session at 7.56 p.m.
RECONVENED MEETING AT 8:01 p.m.
15.
16.
17.
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b) (3) (A) of Government Code Section 54956.9
(two matters).
COUNCIL AND MAYOR STATEMENTS
Councilmember Sullivan announced that she noticed
Mayor Hall picking up trash near the northbound
freeway onramp at Ming Avenue on Saturday and
commended him for his efforts.
Mayor Hall advised that 32 bags of litter were picked
up that Saturday over a two -hour period.
ADJOURNMENT
Mayor Hall adjourned the meeting at 8:04 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN
APPROVED
AB COUCH
APPROVED
AB COUCH
NO REPORTABLE
ACTION