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HomeMy WebLinkAbout11/14/12_CC_ AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF NOVEMBER 14, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL a. Introduction of student body representatives participating in the 58th consecutive Teen City Government Day. 2. INVOCATION by Pastor Valarie Carlson, Emanuel Lutheran Church. 3. PLEDGE OF ALLEGIANCE by Evan Negrete, 1 sr grade student at Colonel Nichols Elementary School. 4. PRESENTATIONS 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the October 17, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from October 5, 2012 to October 29, 2012 in the amount of $19,765,083.12 and self- insurance payments from October 5, 2012 to October 29, 2012 in the amount of $367,137.53 totaling $20,132,220.65. Ordinances: C. First Reading of the following Ordinances amending various sections of the Municipal Code: 1. Section 2.04.070 relating to City Council Meeting Order of Business. 2. Section 3.20.090(G) relating to formal contract procedures. 3. Section 5.08.080 relating to expiration of alarm system permit. 4. Section 5.08.160 relating to alarm permit appeals. 5. Section 5.08.190 relating to violation of alarm regulations. 6. Section 5.32.060(A) relating to application for massage establishment and practitioner permit. 7. Section 10.44.060 relating to truck routes. 8. Section 12.20.020(B) relating to revocation of encroachment permits. 8. (Ward 4) (Ward 6) CONSENT CALENDAR continued 9. Section 13.12.030 relating to development improvement standards and specifications. 10. Section 15.74.190(A) relating to flood damage exemption and appeal procedures. 11. Section 15.78.090(C) relating to Metropolitan Bakersfield Habitat Conservation plan mitigation program violation /penalty. 12. Section 15.80.040 relating to limitation as to minor land division. 13. Section 15.84.055 relating to reduction or waiver of transportation impact fee for low- income housing projects. 14. Section 16.12.030(C) relating to lot line adjustments. 15. Section 16.12.050 relating to limitation as to minor land division. 16. Section 16.12.075 relating to approval of maps conditioned on indemnification of City, 17. Section 16,16,080(E) relating to extension of map approval. 18. Section 16.20.060(A)(3)(e) relating to statements of parties having record title interest in drill site parcels. 19. Section 16.32.060(E) relating to fees for sewer facilities. 20. Section 17.04.305 relating to garage or yard sale. 21, Section 17.08.210 relating to approval of development entitlement conditioned on indemnification of City, 22. Section 17.60.020(6) relating to permits for signs. 23. Section 19,04.050 relating to vehicle parking at airports. 24. Sections of the Municipal Code which reference Development Services Director. 25. Sections of the Municipal Code which reference Uniform Building Code. Resolutions: d. Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Budget Presentations for January through December 2013. e. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. Sewer connection and construction fee assessments for 7808 Hooper Ave: Resolution confirming assessments for sewer connection fee and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Ronald S. & Rebecca L. Edwards, to pay sewer connection and construction fees in installments through the Kern County Tax Collector and notice of special assessment lien. g. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Reports for and authorizing collection of assessments by the Kern County Tax Collector: 1. Area 2 -51 (7301 District Boulevard) 2. Area 2 -52 (5551 District Boulevard) City Council Meeting of 11 /14/2012 8. CONSENT CALENDAR continued (Ward 1) h. Resolution of Intention No. 1730 adding territory, Area 5 -65 (700 Planz Road) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Work's Director's Report. (Ward 7) i. Resolution of Intention No. 1721 to accept dedication of right of way for Hosking Avenue at the Northeast corner of Hosking Avenue and Stine Road. Agreements: (Ward 2) j. Disposition and Development Agreement with the Housing Authority of the County of Kern for Baker Street Village Phase II, ($3,600,695) for the development of 40 units of affordable multiple - family apartments at 1014 Baker Street and the rehabilitation of the Cornet Building and vacant lot at 1006 Baker Street. (Ward 2) k. Agreement with Alliance Against Family Violence and Sexual Assault ($21,667 Emergency Shelter Grant Funds) to support the operating costs to continue services located at 1600 East Truxtun Avenue. (Ward 2) I. Agreement with Bethany Services /Bakersfield Homeless Center ($68,000 Emergency Shelter Grant Funds) to support the operating costs for facility located at 1600 East Truxtun Avenue. (Ward 2) M. Agreement with Bakersfield Rescue Mission ($68,000 Emergency Shelter Grant Funds) to support the operating costs for the facility located at 816 E. 21 st Street. n. Agreement with Universal Background Screening (not to exceed $10,000) for pre - employment services. (Ward 3) o. Agreement with Canyon Hills Assembly of God Church ($21,000) to purchase real property located at the northwest corner of Morning Drive and State Route 178 for the Morning Drive Interchange Project. (TRIP) (Ward 3) P. Agreement with Promotora Jardines Del Eden Corporation ($112,800) to purchase real property located at the northwest corner of Morning Drive and State Route 178 for the Morning Drive Interchange Project. (TRIP) (Ward 1) q. Cooperative Agreement with State of California Department of Transportation (Caltrans) for construction of the State Route 58 GAP Closure Project. (TRIP) (Ward 4) r. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 6448 Unit 9 located south of Stockdale Highway and west of Renfro Road. S. Amendment No. 1 to Agreement No. 11 -146 with IPC USA ($2,750,000; revised not to exceed $5,500,000 and extends term one year), to continue the supply of full -load gasoline and diesel fuel. t. Amendment No. 1 to Agreement No. 11 -147 with Valley Pacific Petroleum Services, Inc. ($1,250,000; revised not to exceed $2,500,000 and extends term one year), to continue the supply of partial -load gasoline and diesel fuel. 3 City Council Meeting of 11 /14/2012 8. CONSENT CALENDAR continued (Ward 4) U. 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: I . Agreement No, 12 -001 - William J. & Ann Kinnett, 7705 Hooper Ave. 2. Agreement No. 12 -002 - Ray W. & Quandala Graham, 7908 Kimberly Ave. 3. Agreement No. 12 -005 - Milton J. & Marilyn C. Webster, 7712 Kimberly Ave. 4. Agreement No. 12 -006 - Franklin W. & Dorothy E. Allen, 7913 Hooper Ave. 5. Agreement No. 12 -007 - Richard D. & Judith I. Baize, 7600 Hooper Ave. 6. Agreement No. 12 -008 - Robert E. & Carolyn J. Balch, 7709 Kimberly Ave. 7. Agreement No. 12 -009 - Roy & Marilyn A. Garcia, 7804 Kimberly Ave. 8. Agreement No. 12 -010 - Michael D. & Genita K. Holman, 7608 Kimberly Ave. 9. Agreement No, 12 -011 - Andrew & Delphine R. Lopez, 7801 Kimberly Ave. 10. Agreement No, 12 -012 - David E. & Michelle D. Reed, 7605 Kimberly Ave. (Ward 2,4,5) V. Contract Change Order No. 62 to Agreement No. 09 -076 with Security Paving Company, Inc. ($150,526.11; revised not to exceed $87,709,456.65; change order funded with traffic impact fees), for the construction of the Westside Parkway Phase 2 Project. (TRIP) (Ward 7) W. Contract Change Order No. 1 to Agreement No. 12 -109 with Bowman Asphalt Inc. ($48,808; revised not to exceed $461,220), for the Hosking Avenue and Wible Road Street Improvements Project. (Ward 7) X. Contract Change Order Nos. 1 and 2 to Agreement No. 12 -099 with Security Paving Company ($56,722,77; revised not to exceed $1,152,767. 10) for the Pavement Rehabilitation 2012 Phase 2: Panama Lane from State Route 99 to South H Street. Bids: Y. Reject bids for the annual contract to supply fire resistant clothing to the General Services Division. (Ward 1,2) Z. Reject bids for contract for construction of HUD funded curb and gutter for Alta Vista and East California areas. (Ward 1,2) aa. Reject bids for contract to supply HUD funded street materials. bb. Accept bid from Cyber Computers, Inc. ($104,296.25), for one hundred replacement Lenovo desktop computers for the Information Technology Division. CC. Accept bid and Additive Alternate No. 1 and approve contract with CTG Construction, Inc. ($56,800), for painting at various Fire Stations. (Ward 2) dd. Accept base bid and Additive Alternate Nos. 1 and 2 and approve contract with U.S. National Corp. ($55,200), for painting and window repair at Fire Station No. 1, HUD funded. (Ward 4) ee. Accept bid and approve contract with Loop Electric, Inc. ($79,680), for the Traffic Signal Interconnect - Part 9 Project. (Ward 5,6) ff. Accept bid and approve contract with Loop Electric, Inc. ($152,275), for the Traffic Signal Interconnect - Part 10 Project. 4 City Council Meeting of 11 /14/2012 8. CONSENT CALENDAR continued gg. Annual Contract for Refuse and Recycling Carts: l . Accept bid and approve contract to Toter LLC ($3,487,662.75), for supply of refuse and recycling carts. 2. Appropriate $1,500,000 Refuse Fund balance to the Capital Outlay budget within the Refuse Fund for the purchase of recycling carts associated with universal curbside program. Miscellaneous: hh. Appropriate $60,000 Federal Grant Revenues (FY 2012 -13 Sobriety Checkpoint Mini - Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating budget, to fund overtime for DUI checkpoints in the Traffic Division. (Ward 3) ii. Appropriate $395,000 Landfill Closure Fund balance to the Public Works Department's Capital Improvement budget for costs associated with the Landfill Closure Project. jj. Department of Housing & Urban Development (HUD) Action Plan Amendment No. 7 (FY 06/07), Amendment No. 15 (FY 08/09), Amendment No. 8 (FY 10 /11), and Amendment No. 2 (FY 12/13). kk. Acceptance of 2010 -11 Transportation Development Act Funds Financial Statements, Successor Agency Business: Receive and file successor agency payments from October 5, 2012 to October 29, 2012 in the amount of $307,531.85. Staff recommends adoption of Consent Calendar items 8.a. through 8.11. 9. CONSENT CALENDAR PUBLIC HEARINGS 10. HEARINGS (Ward 2) a. Resolution adopting the Negative Declaration and approving the closing and construction of cul -de -sacs of Beech, Myrtle, Spruce, Pine, Cedar, A. B, and C Streets south of 24th Street, subject to conditions. Staff recommends adoption of the Negative Declaration and approval of Resolution. (Ward 4) b. General Plan Amendment /Zone Change No. 12 -0244; McIntosh & Associates, representing Amber Investments, LLC (property owners), has applied for a general plan amendment and zone change on 10.26 acres generally located at 12714 Allen Road, northeast corner of Allen Road and Stockdale Highway. 1. Resolution adopting the Negative Declaration and approving the general plan amendment changing the land use designation from OC (Office Commercial) to GC (General Commercial). 2. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to C -2 /PCD (Regional Commercial /Planned Commercial Development). Staff recommends adoption of Resolution and give first reading to Ordinance. 5 City Council Meeting of 11 /14/2012 11. REPORTS (Ward 1,3) a. Amenity Replacement Plan for Pools: 1. Splash Pad at Siemon Park, 2. Skate Park and additional Picnic Areas at Planz Park. 3. Appropriate and transfer $105,000 in Transient Occupancy Taxes Fund balance to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund for the demolition and design phases of the replacement amenities for Siemon and Planz Pools. The Community Services Committee recommends approval of amenity replacement plan and appropriation and transfer of funds. 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1)/54957.6. RECESS TO CLOSED SESSION 16. CLOSED SESSION ACTION 17. ADJOURNMENT Respectfully submitted, Alan Tandy 11 /8/12 9:27am City Manager 6 City Council Meeting of 11 /14/2012 AGENDA HIGHLIGHTS November 14, 2012 COUNCIL MEETING REGULAR MEETING - 5:15 n.m_ This meeting will include the 58th annual "Teen City Government Day" student introductions during the Roll Call. Agreements Item 8j. Baker Street Village se II Following the successful completion of a 37 -unit low - income housing project at the southeast corner of Baker and Lake Streets in 2011 (Phase 1), the County Housing Authority is proposing to proceed with Phase II, to be located on the west side of Baker Street, between Lake and Kentucky Streets. The project would include 40 units of qualified low income, multi - family housing, with plans to include the rehabilitation of the existing Cornet Building for resident and community services. As there has been high interest in preserving the structure of the Cornet Building due to architectural and historic significance, the ability to incorporate it into the plans for Phase II brings an additional positive aspect to this project. The City's contribution is proposed as land and property worth $150,000 and various HUD funding sources allocated to the City of approximately $3,600,000. (Item 8g. on this agenda includes a HUD Action Plan amendment to request a reallocation of $249,391 in HOME down payment assistance funds for this project). Similar to the terms of the Phase I project, the City's contribution for Phase II would be a 55 -year loan to the Housing Authority, at 3% interest and repaid from residual receipts, and secured by a Deed of Trust. Staff recommends approval of the Agreement, as the Authority has demonstrated the experience to successfully develop the Phase II project, and it is needed in the Baker Street area. Miscellaneous Item 8j. HUD Action Plan Amendments- This item requests Council approval of two amendments to the City's HUD Action Plan funding: 1) Due to poor market conditions, the down payment assistance funds for the Parkview Cottages and the Creekview Villas are being drawn down at a slower rate than anticipated. Rather than risk the funds being returned to HUD, staff recommends $249,391 be transferred to New Construction Assistance to be used for the Baker Street Phase II project, as referenced under Item 8j. 2) Consolidation into a single program of the remaining down payment assistance funding (currently spread over several fiscal year plans), a minor funding adjustment of $1,494, and an update of project descriptions from the former Redevelopment Project Areas which no longer exist. Item 10a. Potential Construction of Cul -de -Sacs on Streets South of 24th Street. The recent circulation of the 24th Street improvement Project Draft Environmental Document has prompted a resurgence of neighborhood interest in the closure of vehicle traffic onto certain streets in the area. Petitions to install cul -de -sacs have been submitted by residents on Beech, Myrtle, Spruce, Pine, Cedar, and A, Streets, south of 24th Street. In addition, construction of cul -de -sacs on B and C Streets will be necessary, if the 24th Street Improvement Project is .ultimately approved. If that occurs, the cul -de -sacs will- be constructed in conjunction with it. However, if the 24th Street Improvement Project does not go forward, the residents on B and C Streets could still submit petitions for closure, under the same process the residents of the other streets have done. In the event of that possible occurrence, B and C Streets have been included in this proposal. Other than B and C Streets, the closure of the other streets is not necessary for the project. Therefore, the cul -de -socs that may be constructed will be solely dependent on the property owners' total support of the mandatory conditions required by the City, as follows: 1) gjj property owners between 24thand 22nd Streets, along the street to be closed with a cul- de:sac must agree by signing a petition and their unanimous support must be in effect at the time of construction; and, 2) the end -of- street property owners, adjacent to 24th Street, must agree to donate sufficient property to construct the cul -de -sac to City standards. The cul- de -sac project would not include replacement of any landscaping, walls, or other landscaping features by the City; it would only include installation of concrete curbing and paving and street signage required for cul -de -sacs. For those streets that may ultimately meet the mandatory conditions, staff recommends that construction take place to coincide with the 24th Street Improvement Project to minimize disruption to the neighborhood. This item requests approval of the closure and construction of cul -de -sacs on those certain streets referenced above, subject to the City's mandatory conditions. Item 10b. GPA /Zone Chanae for 12714 Allen Road (northeast comer of Allen Road and Stockdale Hi hway). This request from McIntosh Associates representing the owner, Amber Investments LLC (Steve Anderson), is for a zone change from C -O (Professional and Administrative Office) to C -2 /PCD (Regional Commercial /Planned Commercial Development) for a retail commercial development. In 2004, the zoning was changed from residential to office commercial, and several conditions were added to the project to apply a common architectural /design theme to the site which extended further east than the currently proposed site. Those conditions have been added to the currently proposed retail commercial use to remain compatible with the remaining office commercial to the east. On October 4, 2012, the Planning Commission recommended approval to the City Council, with four commissioners in favor, one against, and two absent. Three individuals, including the owner of other commercial property in the area, his representative, and a neighboring resident spoke in opposition; two individuals, including the applicant and the property owner, spoke in favor of the project. Staff recommends approval and first reading of the ordinance. Item 11a. Amenity Replacement Plan for Siemon and Planz Poole. Extensive discussion by the Community Services Committee has resulted in their recommendation to replace the swimming pools at Planz and Siemon Parks with other useable amenities. Both pools have been closed since 2009 and would require significant repairs to make them minimally operational. Also, because the pools were built over 40 years ago, staff would expect other repair and maintenance issues to arise, beyond the initial expense. The Committee reviewed several options: 1) to construct new, modern pools at the sites; 2) replace the Siemon Pool with a splash pad and the Planz pool with a skate park; and 3) construct new Agenda Highlights - October 17 Council Meeting Page 2 pools and the amenities described under #2. At the request of the Committee, staff conducted community meetings to solicit input on -the three options, as well as an additional option to install a scaled -down skate park and add more picnic area at Planz Park. Based on a combination of factors, including lower expense, the ability to construct sooner, and the needs at each of the locations, the Committee recommends that the Siemon Park pool be replaced with a splash pad, and the Planz Park pool be replaced with a skate park and additional picnic areas. In addition to the Committee's request for their recommendation to be forwarded to the City Council for consideration and approval, staff is also requesting approval for an appropriation and transfer of $105,000 of TOT funds to the Public Works capital improvement budget for demolition of the pools and design of the replacement amenities at both locations. Funding for construction of both projects is anticipated to be included in the FY 2013 -14 capital improvement budget. There is one item to discuss the City Attorney's Performance Evaluation. Approved: Alan Tandy, City Manager -.47-17 cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - October 17 Council Meeting Page 3 MEETING DATE: November 14, 2012 AGENDA SECTION: Roll Call ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager October 22, 2012 APPROVED DEPARTMENT HEAD T CITY ATTORNEY CITY MANAGER �C,J Introduction of Student Body Representatives Participating in the 58th consecutive "Teen City Government Day" RECOMMENDATION: BACKGROUND: The City of Bakersfield annually participates with the Kern High School District, the Kiwanis, and the Optimists in sponsoring Teen City Government Day. This is the 58th year the City has been involved in this event. The school district has indicated that seventeen (17) schools will be participating, and they are: Bakersfield, Bakersfield Christian, Centennial, East Bakersfield, Foothill, Frontier, Garces, Golden Valley, Highland, Independence, Liberty, Mira Monte, North, Ridgeview, South, Stockdale, and West High Schools. Four students from each school will participate in the Teen City Government Day morning activities. Students representing the Mayor and Council, the City Manager, City Attorney, City Clerk, Public Works Director, and Community Development Director (one student representing each school) will attend the evening session from 5:15 p.m. to no later than 7:30 p.m. Council will then take a short recess to allow students to leave to prepare for the following day's classes. October 22, 2012, 3:29PM VATEEN GOVT DAYM121Administrative Report - Teen Government Day - 2012.docx RG: al MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: S. a TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD DATE: November 2, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the October 17, 2012 Regular City Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /✓� DATE: October 29, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file department payments from October 5, 2012 to October 29, 2012 in the amount of $19,765,083.12, Self Insurance payments from October 5, 2012 to October 29, 2012 in the amount of $367,137.53, totaling $20,132,220.65 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: October 29, 2012, 4:28PM S: \Kim G\ADMIN \COUNCIL - ADMIN- AP- 2013\ADMIN—AP 111412.doc MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: A. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD A,�_ DATE: November 1, 2012 CITY ATTORNEY CITY MANAGER_ SUBJECT: 1. First Reading of Ordinance Amending Section 2.04.070 Relating to City Council Meeting Order of Business. 2. First Reading of Ordinance Amending Section 3.20.090(G) Relating to Formal Contract Procedures. 3. First Reading of Ordinance Amending Section 5.08.080 Relating to Expiration of Alarm System Permit. 4. First Reading of Ordinance Amending Section 5.08.160 Relating to Alarm Permit Appeals. 5. First Reading of Ordinance Amending Section 5.08.190 Relating to Violation of Alarm Regulations. 6. First Reading of Ordinance Amending Section 5.32.060(A) Relating to Application for Massage Establishment and Practitioner Permit. 7. First Reading of Ordinance Amending Section 10.44.060 Relating to Truck Routes. 8. First Reading of Ordinance Amending Section 12.20.020(B) Relating to Revocation of Encroachment Permits. 9. First Reading of Ordinance Amending Section 13.12.030 Relating to Development Improvement Standards and Specifications. 10. First Reading of Ordinance Amending Section 15.74.190(A) Relating to Flood Damage Exemption and Appeal Procedures. 11. First Reading of Ordinance Amending Section 15.78.090(C) Relating to Metropolitan Bakersfield Habitat Conservation Plan Mitigation Program Violation /Penalty. 12. First Reading of Ordinance Amending Section 15.80.040 Relating to Limitation as to Minor Land Division. 13. First Reading of Ordinance Repealing Section 15.84.055 Relating to Reduction or Waiver of Transportation Impact Fee for Low - Income Housing Projects. 14. First Reading of Ordinance Amending Section 16.12.030(C) Relating to Lot Line Adjustments. 15. First Reading of Ordinance Amending Section 16.12.050, Relating to Limitation as to Minor Land Division. 16. First Reading of Ordinance Amending Section 16.12.075 Relating to Approval of Maps Conditioned on Indemnification of City. 17. First Reading of Ordinance Deleting Section 16.16.080(E) Relating to Extension of Map Approval. 18. First Reading of Ordinance Amending Section 16.20.060(A) (3) (e) Relating to Statements of Parties Having Record Title Interest in Drill Site Parcels. 19. First Reading of Ordinance Amending Section I 6.32.060(E) Relating to Fees for Sewer Facilities. 20. First Reading of Ordinance Amending Section 17.04.305 Relating to Garage or Yard Sale. 21. First Reading of Ordinance Amending Section 17.08.210 Relating to Approval of Development Entitlement Conditioned on Indemnification of City. 22. First Reading of Ordinance Amending Section 17.60.020(B) Relating to Permits for Signs. 23. First Reading of Ordinance Amending Section 19.04.050 Relating to Vehicle Parking at Airports. 24. First Reading of Ordinance Amending Sections of the Bakersfield Municipal Code Which Reference Development Services Director. 25. First Reading of Ordinance Amending Sections of the Bakersfield Municipal Code Which Reference Uniform Building Code. RECOMMENDATION: Staff recommends First Reading of the proposed ordinance amendments. BACKGROUND: Periodically, various Departments throughout the City request changes to the Bakersfield Municipal Code which are minor in nature. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors. The following is a list of ordinances that are being recommended by Staff for changes: 1. BMC Section 2.04.070. The amendment simplifies the process for making changes to the order of business during meetings. 2. BMC Section 3.20.090(G). The amendment makes the ordinance consistent with changes to state law. 3. BMC Section 5.08.080. The amendment eliminates a fine for failure to register or renew an alarm permit, instead allowing the non - registration or non - renewal to be handled administratively. 4. BMC Section 5.08.160. This amendment provides additional time within which an alarm permit appeal may be heard to allow City staff and Council flexibility in scheduling the appeal. 5. BMC Section 5.08.190. The amendment clarifies penalties for violation of the alarm permit ordinance. 6. BMC Section 5.32.060(A). The amendment replaces the term "director of development services" with "community development director" to reflect the new name. 7. BMC Section 10.44.060. The amendment updates truck routes within City limits. 8. BMC Section 12.20.020(B). The amendment divides this section into paragraphs to make it easier to understand. ADMINISTRATIVE REPORT 9. BMC Section 13.12.030. The amendment reflects current standard manuals used by the City. 10. BMC Section 15.74.190(A). The amendment replaces the term "development services department" with "community development department" to reflect the new name. 11. BMC Section 15.78.090(C). The amendment corrects a typographical error. 12. BMC Section 15.80.040. The amendment clarifies that all types of land division applications, including minor land divisions, are subject to the park land requirement, and deletes "approximately" to clarify the intent of the ordinance. 13. BMC Section 15.84.055. The amendment provides consistency with the current development fee requirement. 14. BMC Section 16.12.030(C). The amendment makes the ordinance consistent with Subdivision Map Act section 66412(d). 15. BMC Section 16.12.050. The amendment reflects current practice. 16. BMC Section 16.12.075. The amendment provides consistency with the City's indemnification practice. 17. BMC Section 16.16.080(E). The amendment makes the ordinance conform to the state adjustment of value. 18. BMC Section 16.20.060(A) (3) (e). The amendment corrects a typographical error. 19. BMC Section 16.32.060(E). The amendment identifies those sanitary sewer areas which presently exist. 20. BMC Section 17.04.305. The amendment replaces the word "chattel" with a more familiar term. 21. BMC Section 17.08.210. The amendment provides consistency with the City's indemnification practice. 22. BMC Section 17.60.020(B). The amendment corrects a typographical error. 23. BMC Section 19.04.050. The amendment clarifies parking limitations at the Bakersfield Municipal Airport. 24. This amendment replaces the term "Uniform Building Code" with "Building Code" in all sections of the Code. The City uses the California Building Code which is based on the International Building Code. Deletion of "Uniform Building Code" will avoid confusion. 25. This amendment replaces the term "development services director" with "community development director" to reflect the new name of the department. AH:Isc SACOUNCIL\Admins \12 -13 Admins \Cleanup 2012.docx ro 4 U ADMINISTRATIVE REPORT LI o MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk November 1, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 45 Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Budget Presentations for January through December 2013. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This Resolution will set the regular City Council Meetings, Budget Hearings and Department Budget Presentations for 2013. Meetings will be held in the Council Chambers and will begin at 3:30 p.m. and 5:15 p.m., with the exception of the June 26th meeting which will commence at 5:15 p.m. National holidays, spring break, conflicting board meetings, League of California Cities Conferences and budget deadlines were taken into consideration in preparing the calendar. The Budget Hearing is scheduled for June 5, 2013 at 5:15 p.m., or as soon thereafter as the matter may be heard, and adoption of the Budget is set for June 26, 2013. Department Budget Presentations are scheduled for May 15th and June 5th meetings. One meeting is scheduled during the months of February, April, July, August, October, and December. 9 November 1, 2012, 5:25PM S:\ Council \admins \MtgDates2013.dot MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM L3. e. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD-2Re" DATE: October 24, 2012 CITY ATTORNEY-A�-- CITY MANAGERS _ SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on October 15, 2012, by the City Manager designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1 /Counclimember Salas 1. 141 Augusta Street 018- 240 -13 $ 1,219.00 2. 4420 Balboa Drive 171 - 182 -11 $ 1,390.00 3. 400 Bill Avenue 010- 061 -17 $ 932.00 4. 217 Bliss Street 139 - 341 -19 $ 734.00 5. 906 S. Brown Street 019 - 153 -03 $ 1,069.00 6. 1020 S. Brown Street 019- 051 -10 $ 1,399.00 7. 5701 Canberra Avenue 413 - 171 -29 $ 750.00 October 26, 2012, 8:11AM /kd S:\Dana\ADMINS\2012 \NOV\11 -14- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 /Counciimember Salas 8. S. Chester Avenue 022 - 190 -16 $ 1,360.00 9. 122 Clifton Street 018- 390 -09 $ 765.00 10. 130 Clifton Street 018- 390 -07 $ 1,099.00 11. 3000 Dore Drive 022 - 292 -07 $ 1,069.00 12. 1200 Dorian Drive 022 - 022 -12 $ 300.00 13. 1000 Dr. Martin Luther King Jr. Blvd. 018- 032 -03 $ 1,459.00 14. 1200 Gorrill Street 018 - 101 -15 $ 105.00 15. 1001 Hacienda Drive 170- 240 -26 $ 979.00 16. Hosking Road 518 - 050 -40 $ 300.00 17. 1001 K Street 009 - 111 -13 $ 1,435.00 18. 812 Karma Court 171- 223 -22 $ 700.00 19. 816 Karma Court 171- 223 -23 $ 700.00 20. 231 L Street 010- 260 -03 $ 105.00 21. 804 Melwood Street 170- 142 -15 $ 959.00 22. 1213 Murdock Street 018-112-09 $ 716.00 23. 105 S. Owens Street 018- 270 -35 $ 1,440.00 24. 1820 Patino Drive 170- 060 -23 $ 1,425.00 25. 1979 Potomac Avenue 019- 122 -09 $ 1,300.00 26. 1 125 Sylvia Drive 022- 083 -01 $ 300.00 27. 105 T Street 010 - 041 -14 $ 999.00 28. 1023 Townsley Avenue 011- 191 -15 $ 855.00 29. 5522 Trabuco Canyon Court 173- 551 -16 $ 699.00 30. Watts Drive 170 -270 -16 $ 1,444.00 31. 1212 White Lane 025 - 152 -14 $ 975.00 32. 1009 6th Street 009- 420 -08 $ 895.00 33. 1404 E. 9th Street 018- 061 -29 $ 770.00 Ward 2 /Counciimember Benham 34. 3100 Audubon Drive 001 - 343 -01 $ 105.00 35. 923 Eureka Street 017- 290 -03 $ 714.00 36. 1015 Gage Street 015- 390 -16 $ 300.00 37. 303 Haybert Court 011- 112 -15 $ 999.00 38. 3001 Jacaranda Drive 001 - 371 -22 $ 949.00 39. 1032 Kern Street 014- 260 -05 $ 699.00 40. 819 Kentucky Street 014- 300 -07 $ 1,199.00 41. 507 Lincoln Street 013- 110 -02 $ 105.00 42. 2406 Park Way 007- 091 -12 $ 300.00 43. 3201 Peach Tree Court 001 - 362 -09 $ 1,098.00 44. 2601 Pine Street 001 - 084 -10 $ 728.00 45. 1516 Richland Street 011-101-11 $ 105.00 46. 1518 Richland Street 011- 101 -12 $ 105.00 October 26, 2012, 8:21AM /kd S:1Dana\ADMINS\2012 \N0V\I1 -14- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 2 /Counciimember Benham 47. 2712 San Dimas Street 002 - 112 -32 $ 105.00 48. 3129 San Dimas Street 002 - 051 -15 $ 845.00 49. 1007 E. Truxtun Avenue 017- 170 -11 $ 105.00 50. 1427 E. 18th Street 017- 220 -07 $ 975.00 Ward 3 /Counciimember Weir 51. 1223 Columbus Street 126- 031 -12 $ 105.00 52. 3406 Harvard Drive 383 - 212 -19 $ 1,225.00 53. 3005 Idaho Street 021- 431 -14 $ 105.00 54. 5804 Levanto Avenue 387 - 750 -03 $ 725.00 55. 5808 Levanto Avenue 387 - 750 -02 $ 725.00 56. 5812 Levanto Avenue 387 - 750 -01 $ 725.00 57. 1 104 West Point Drive 021 - 191 -14 $ 105.00 Ward 4 /Counciimember Couch 5420 Silvergate Street 498 - 193 -02 $ 58. 2901 Calloway Drive 450- 052 -12 $ 300.00 59. 10907 Efada Drive 110 - 421 -18 $ 300.00 60. 10016 Roehampton Avenue 526 - 232 -28 $ 1,410.00 61. 702 Vermillion Drive 409 - 602 -03 $ 736.00 Ward 5 /Counciimember Hanson 62. 8801 Ginger Oak Lane 513- 082 -04 $ 300.00 Ward 6 /Couciimember Sullivan 63. 6021 Almendra Avenue #D 355 - 494 -01 $ 105.00 64. 3800 Celine Court 403 - 221 -04 $ 300.00 65. 6008 Chicory Drive 384 - 252 -19 $ 765.00 66. 5500 Demaret Avenue 194- 474 -06 $ 775.00 67. 6408 Hawk Creek Road 498- 681 -02 $ 105.00 68. 3008 Pepper Tree Lane 355 - 122 -26 $ 844.00 69. 3012 Pepper Tree Lane 355 - 122 -27 $ 975.00 70. 5420 Silvergate Street 498 - 193 -02 $ 300.00 71. 3501 Westchester Avenue 440 - 122 -09 $ 844.00 October 26, 2012, 8:21AWkd S:\Dana\ADMINS\2012 \NOV\11 -14- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 7 /Councilmember Johnson 72. 2519 Berkshire Road 515- 754 -01 $ 770.00 73. 2020 Butterfield Avenue 372 - 393 -08 $ 1,044.00 74. 4908 Centaur Street 372- 042 -13 $ 600.00 75. 5105 Debby Street 372 - 134 -03 $ 300.00 76. 3413 Harris Road 371 - 412 -04 $ 848.00 77. 7114 Hayden Hill Street 516- 405 -04 $ 699.00 78. 1506 Interlaken Drive 517- 442 -19 $ 726.00 79. 1513 Langston Court 412- 192 -54 $ 750.00 80. 2705 Macau Street 514- 430 -10 $ 1,225.00 81. 2101 Mark Court 023 - 192 -18 $ 105.00 82. 6301 Springbrook Drive 413-111-34 $ 300.00 83. 7115 Whisenant Street 516 - 401 -17 $ 105.00 84. 2216 Woolard Drive 023 - 301 -09 $ 785.00 The owners of the above - mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. October 26, 2012, 8:21AM/kd S:\Dana\ADMINS\2012\NOV\11 -14- Property Abatement.docx A U ADMINISTRATIVE REPORT CL�a.v ui MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 11, 2012 APPROVED DEPARTMENT HEAD MM'' CITY ATTORNEY T�1" CITY MANAGER Sewer connection and construction fee assessments (Ward 4): 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 Ronald S. & Rebecca L. Edwards, 7808 Hooper Avenue, 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 property shown above desire to connect said property to the City sewer system. The property owners claim that to pay the sewer connection and construction fees in one payment would produce an economic hardship. To assist in paying the connection and construction fees, the City has contracted with the property owners to apportion the connection and construction fees over an eight year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4648 dated August 18, 2011, authorizes the Kern County Tax Collector to collect the connection and construction fees in eight equal payments over the next eight years. .. G: \GROUPDAT \ADMINRPT \2012 \11 -14 \Kimberly- Hooper 11 -14 -12 ADMIN.doc October 11, 2012, 11:03AM MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: g, TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: October 30, 2012 CITY ATTORNEY CITY MANAGER_ LJ 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 2 -51 (7301 District Boulevard) - Ward 6 2. Area 2 -52 (5551 District Boulevard) - Ward 6 RECOMMENDATION: Staff recommends adopting the Resolutions. BACKGROUND: On October 17, 2012, the Council adopted Resolution of Intention No. 1728 & 1729, 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: \GROUPDAT \ADMINRPT \2012 \11 -14 \Res Estab CMD 2 -51 & 2- 52.docx MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: October 29, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Resolution of Intention (ROI) No. 1730 to add territory, Area 5 -65 (700 Planz Road), to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (Ward 1) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcel to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s) /developer(s) to be recorded with the subdivision map. ps G: \GROUPDAT \ADMINRPT \2012 \11- 14 \ROI est CMD 5- 65.docx MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: a. ' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 31, 2012 DEPARTMENT HEAD CITY ATTORNEY_r CITY MANAGER & Resolution of Intention No. 1721 to accept dedication of Right -of -Way for Hosking Avenue at the northeast corner of Hosking Avenue and Stine Road. (Ward 7) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield acquired a parcel of land from Anthony David Encinas and Delora May Encinas for future widening of Hosking Avenue at the northeast corner of Hosking Avenue and Stine Road per Grant Deed Recorded June 23, 2008, document #0208099163. The City owned property was cleared of all above and below ground structures and vegetation. It is now a vacant lot. The City has completed construction plans for street widening and construction of a traffic signal at the intersection of Stine Road and Hosking Avenue and wishes to dedicate the Right -of -Way for Hosking Avenue as shown on the attached Exhibits "A" and "B ". 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. The utility companies serving the area have been notified by mail as part of the Traffic Signal & Street Widening project. All utilities have been relocated or adjusted as necessary. Preliminary notices will also be mailed to all adjacent property owners within a 300 foot radius of the proposed right -of -way dedication area. A Notice of Exemption was filed with the County Clerk of the County of Kern on June 14, 2011 stating this dedication of Right -of -Way is Categorically Exempt by Section 15301 (c) of CEQA guidelines. This Resolution sets the Public Hearing date for the regular Council meeting on Tuesday, December 11, 2012, for the proposed dedication of Right -of -Way. (PW -TMA) (T6K146) November 1, 2012, 9:28AM G:\ GROUPDATWDMINRPT\2012 \11- 14\ROI For RW Dedication Stine & Hosking.Doc BAKE OF MCOMOR „! �S� ADMINISTRATIVE REPORT gLIFO MEETING DATE: November 14, 2012 AGENDA SECTION: New Business ITEM: ' TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: November 7, 2012 CITY ATTORNEY_ CITY MANAGER _ SUBJECT: Disposition and Development Agreement with the Housing Authority of the County of Kern for Baker Street Village Phase II; $3,600,695 for the development of 40 units of affordable multiple - family apartments at 1014 Baker Street, and the rehabilitation of the Cornet Building and vacant lot at 1006 Baker Street. (Ward 2). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Baker Street Village, Phase I was successfully completed by the Housing Authority of the County of Kern in October 2011 at the southeast corner of Baker and Lake Streets. Phase I consists of 24 newly constructed three - bedroom townhomes at 1,893 square feet each with underground garages, and 13 one - bedroom loft style units at 1,130 square feet each, located above 9,975 square feet of community /commercial space. Phase I is currently being operated and maintained by the Housing Authority for a minimum of 55 years and provides rental housing for qualified low- income persons. The Housing Authority is proposing to enter into a new agreement for Baker Street Village Phase II to construct an affordable housing apartment project for low- income persons and families. The proposed project consists of at least 40 units of multi - family housing on the west side of Baker Street, between Lake and Kentucky Streets (1006 and 1014 Baker Street). The project will consist of 16 one - bedroom, 12 two- bedroom, and 12 three - bedroom units. All units would be rented to households earning at or below 60% area median income (AMI). Pending a feasibility study, the Cornet Building is proposed to be rehabilitated for resident and community services (particularly the ground floor and basement). Measures will be incorporated into the design of the project to ensure that it is rehabilitated and preserved in keeping with its noted architectural and historical significance. S:\Dana\ADMINS\2012 \NOV\11 -14 -Baker Street II DDAAdmin.doc 11/7/2012 12:18 PM ADMINISTRATIVE REPORT Financing and Construction Timeline Page 2 The City's contribution to this project is land and property for $150,000; $2,390,695 Neighborhood Stabilization Program III (NSP3) funds for acquisition, rehabilitation and eligible soft and hard costs; and $1,210,000 of HOME Investment Partnership (HOME) funds ($249,391 of which are made available through the Action Plan Amendment also included on the November 14, 2012 City Council agenda). The remaining project funds will come from the following sources: Low Income Housing Tax Credit proceeds of approximately $7,000,000; a Housing Authority loan of approximately $450,000; and a permanent loan of approximately $250,000 from a private lender. The Housing Authority, at its discretion and subject to approval by the City, may use any additional or alternative funding sources for the construction of the Project. Construction is anticipated to begin by December 2013, and be completed by January 2015. The City's contribution of approximately $3,600,000 will be a loan to the Housing Authority at 3% interest and paid back to the City out of residual receipts. The term of the loan and the period of affordability will be fifty -five (55) years, and secured by a Deed of Trust on the property. Construction Hard Costs: The HOME funds will be used for eligible soft and hard (construction) costs for eleven (11) units. Likewise, NSP3 funds will be used for costs associated with eleven (11) units. For all contracts and subcontracts secured for the construction of the Project, the Developer will adhere to all federal, state, and local requirements concerning procurement, contract administration, and post- contract monitoring and reporting. In addition, the project may be subject to State prevailing wage rates as administered by the State Board of Industrial Relations for which the Housing Authority will be responsible for compliance. The following table shows the total funding sources for the project. Source of Funds Estimated Dollar Amount HOME Funds $1,210,000 NSP3 Funds $2,390,695 Land 150,000 TCAC low income tax credit Funds $7,000,000 Housing Authority Loan 450,000 Permanent loan 250,000 TOTAL FUNDS $11,450695 The Housing Authority will be responsible for complying with all HOME and NSP3 regulations, ensuring that the eleven HOME and NSP3 assisted "floating" units remain affordable for a period of fifty -five (55) years from the date of the Notice of Completion. To ensure compliance, the City will monitor the project on a yearly basis. S: NWADMINS12012WOW 1 -14 -Baker Street II DDAAdmin.doc 11/7/201212:18 PM ADMINISTRATIVE REPORT Conclusion: Page 3 The Housing Authority's experience and qualifications demonstrate their ability to develop affordable housing in urban infill environments, such as the Baker Street Village Phase 1 project, in an attractive, secure, affordable, and financially feasible project. The Authority's experience with marketing and operating various housing projects in metropolitan Bakersfield gives them the greatest familiarity with the neighborhood, and a preferred choice as the developer of Baker Street Village. The proposed project also targets low- income housing, which is needed in the former Old Town Kern Pioneer Redevelopment Project Area. S: NWADMINS\2012\NOW 1 -14 -Baker Street II DDAAdmin.doc 11/7/201212:18 PM MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: a. k. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: October 26, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with the Alliance Against Family Violence and Sexual Assault ($21,667) for Emergency Solutions Grant (ESG) funds to support the operating costs to continue services at 1600 East Truxtun Avenue. (Ward 2) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Alliance Against Family Violence and Sexual Assault (AAFV) has provided services including a homeless "safe house" shelter for more than 33 years. Its goals are to stop domestic violence and assault in Bakersfield, assist women and children who become homeless as a result of domestic violence, and help those women and children reclaim their lives through independent living. The facility operates 24 hours a day. The City has provided Emergency Solutions Grant (ESG - formerly Emergency Shelter Grant) funds to AAFV since 1995. The purpose of these funds is to improve the quality of existing shelters for the homeless in addition to having the shelters provide services to prevent homelessness. In the Fiscal Year 2012/13 Action Plan ESG funding to AAFV was budgeted for $21,667. The allowable expenses include staffing costs, utilities, office supplies, telephone costs, insurance, occupancy products, building maintenance supplies, equipment maintenance, and janitorial services. With this agreement, staff will continue its streamlined invoicing process. The goal is to provide AAFV with a detailed written procedure to minimize the time its staff will spend on preparing claims for payment. There will be a workshop in the Fall of 2012 to provide guidance to AAFV and other agencies receiving 2012/13 funding. This workshop has been provided to Non - Profit Agencies since 2000. This process will help these agencies continue to be more efficient and assure City staff can quickly process their claims. S:1Dana\ADMINS\2012 \NOV\11 -14 -AAFV ESG.Doc October 26, 2012 2:25 PM TR MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: $. 1. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD 2xk DATE: October 26, 2012 CITY ATTORNEY CITY MANAGER_ SUBJECT: Agreement with the Bethany Services/ Bakersfield Homeless Center ($68,000) for Emergency Solutions Grant (ESG) funds to support the operating costs for facility located at 1600 East Truxtun Avenue. (Ward 2) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Bethany Services/ Bakersfield Homeless Center (BHC) has provided essential services to the homeless families in Bakersfield for more than 39 years. The goal of BHC is to help homeless families transition to stable, self- sufficient community living. The facility operates 24 hours a day. The City has provided Emergency Solutions Grant (ESG - formerly Emergency Shelter Grant) funds to BHC since 1995. The purpose of these funds is to improve the quality of existing shelters for the homeless in addition to having the shelters provide services to prevent homelessness. In the Fiscal Year 2012/13 Action Plan, ESG funding to BHC was budgeted for $68,000. The allowable expenses include staffing costs, utilities, office supplies, telephone costs, insurance, occupancy products, building maintenance supplies, equipment maintenance, and janitorial services. With this agreement, staff will continue its streamlined invoicing process. The goal is to provide BHC with a detailed written procedure to minimize the time its staff will spend on preparing claims for payment. There will be a workshop in the Fall of 2012 to provide guidance to BHC and other agencies receiving 2012/13 funding. Funding Workshops have occurred since 2000. This process will help these agencies continue to be more efficient and assure City staff can quickly process their claims. S:\Dana\ADMINS\2012 \NOV\11 -14 -BHC- Bethany ESG.Doc October 26, 2012 2:58 PM RB MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: e. M . TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: October 26, 2012 CITY ATTORNEY Q� CITY MANAGER /W SUBJECT: Agreement with the Bakersfield Rescue Mission ($68,000.) for Emergency Solutions Grant (ESG) funds to support the operating costs for facility located at 816 E. 21 st Street. (Ward 2) RECOMMENDATION: Staff recommends approval of agreement. G�L�3�C33•liL`T�I The goal of the Bakersfield Rescue Mission (BRM) is to help homeless persons transition to stable, self- sufficient community living. BRM has provided essential services to the homeless persons of Bakersfield for more than 61 years. The facility operates 24 hours a day and was formerly known as Homeless Intervention Services, Inc. The City has provided Emergency Solutions Grant (ESG (formerly Emergency Shelter Grant) funds to BRM since 2000. The purpose of these funds is to improve the quality of existing shelters for the homeless in addition to having the shelters provide services to prevent homelessness. In the Fiscal Year 2012/13 Action Plan, ESG funding for BRM was budgeted for $68,000. The allowable expenses include staffing costs, utilities, office supplies, telephone costs, insurance, occupancy products, building maintenance supplies, equipment maintenance, and janitorial services. In order to ensure compliance with this agreement, staff will continue its streamlined invoicing process. The goal is to provide BRM with a detailed written procedure to minimize the time its staff will spend on preparing claims for payment. There will be a workshop in the Fall of 2012 to provide guidance to BRM and other agencies receiving 2012/13 funding. The Non - Profit Funding Workshops have been held since 2000. This process will help these agencies continue to be more efficient and assure City staff can quickly process claims. S:\Dana\ADMINS\ 2012 \NOV\11 -14- Bakrescuemission ESG 2012- 13.Doc October 26, 2012 2:38 PM TR BAK �Fyw "+•�e S ADMINISTRATIVE REPORT L� MEETING DATE: November 14, 2012 AGENDA SECTION: Consent ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Christi Tenter, Human Resources Manager DEPARTMENT HEAD DATE: November 2, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Universal Background Screening (not to exceed $10,000) for Pre - employment Background Screening Services RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Staff proposes implementation of a contract with Universal Background Screening to provide pre - employment screening services for a two year period. This agreement, in the amount of $10,000, would normally be processed as a departmental agreement. However, based on Council direction, the contract is being provided for review and approval because the contract includes a mutual indemnification requiring the City to indemnify the vendor for breach of warranties and covenants, among other things. The pre - employment process for hiring new employees requires screening of external job applicants to determine and assess candidates' qualifications and eligibility to work. In order to streamline the current process and provide additional control and consistency measures Universal Background Screening has been identified to provide verification screening services. Universal Background is a leading provider of background screening solutions including a comprehensive selection of employment background checks and verifications, and compliance management services. For more than thirty years, Universal experts have consulted with clients, in both public and private sectors, to implement compliant background screening programs tailored to client needs. Human Resources has outlined proposed benefits based on implementation of this new service provider. The per applicant prices outlined in Exhibit "A" will present a budgetary savings when compared to the wages of those current incumbents providing the services. This process will also provide an opportunity to allocate staff hours to other key Human Resources initiatives, and should provide an expedited turnaround time in hiring new City employees. A ADMINISTRATIVE REPORT MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD 'g'Bu IV4 DATE: October 22, 2012 CITY ATTORNEY D� CITY MANAGER /� SUBJECT: Agreement with Canyon Hills Assembly of God Church to purchase real property located at northwest corner of State Route 178 and Morning Drive for $21,000 for the Morning Drive Interchange Project. (TRIP Program - Ward 3) RECOMMENDATION: Staff recommends approval of Agreement BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land to construct an interchange at Morning Drive and State Route 178. The property being acquired contains approximately 0.091 acres of real property and 0.507 acres of temporary construction easement area and 0.25 acres of access easement. The acquisitions are for constructing the Morning Drive Interchange westbound on ramp. The purchase price of $21,000 is based on the fair market value appraisal prepared by Michael Burger and Associates, an Independent appraisal company, and negotiations with the church. 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 - Canyon Hills 10/22/2012 CW A , ADMINISTRATIVE REPORT MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD N� DATE: October 22, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Promotora Jardines Del Eden Corporation to purchase real property located at northeast corner of State Route 178 and Morning Drive for $112,800 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 83 acres of real property and 0.057 acres of temporary construction easement area and 0.179 acres of joint utility easement. The acquisitions are for constructing the Morning Drive interchange on /off ramps. The purchase price of $112,800 is based on the fair market value appraisal prepared by Michael Burger and Associates, an independent appraisal company, and negotiations with 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. Admfn - Purchase Agmt - Promotora 10/22/2012 cW MEETING DATE: November 12, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: October 25, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Cooperative Agreement with the State of California Department of Transportation (Caltrans) for construction of the State Route (SR) 58 GAP Closure Project. (TRIP) (Ward 1) RECOMMENDATION: Staff recommends approval of Cooperative Agreement. BACKGROUND: The SR 58 GAP Closure Project is part of the Thomas Roads Improvement Program (TRIP). Caltrans and the City have been working together on the Final Design and Right -of -way acquisition for this project pursuant to Cooperative Agreement No. 11 -163, approved by Council on December 14, 2011. Once the Final Design package is complete and right -of -way clearance for the project is obtained, the project will move forward into construction (early next year). This Cooperative Agreement outlines the responsibilities of both the City and Caltrans regarding the construction of the project, and is a requirement to obtain the necessary federal funds to move this project forward. Tdw: G: \GR0UPDAT \ADMINRPT \2012\ 11 -14 \GAP Closure Project Construction Cooperative Agr.doc MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 26, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY_Q CITY MANAGER Approval of Tract Map and Improvement Agreement Final Map and Improvement Agreement with Castle & Cooke California, Inc., a California corporation, for Tract 6448 Unit 9 located south of Stockdale Highway and west of Renfro Road. (Ward 4) RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: This Agreement is entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENT ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. .. October 26, 2012, 1:56PM CAUsers \Denson \Desktop \T6448 -9 Map and IM AGR.doc cc BAKE Vl yM�4re s ADMINISTRATIVE REPORT LIFO MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD DATE: October 31, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 11 -146 with IPC USA; extending the contract term one year, and adding $2,750,000 (for a total not to exceed amount of $5,500,000) to continue the supply of full -load gasoline and diesel fuel. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On December 20, 2011, Council approved the Annual Contract for the supply of full -load gasoline and diesel fuel to IPC USA in the amount of $2,750,000; renewable annually thereafter for four consecutive one -year periods. If approved, Amendment No. 1 will add $2,750,000 for a revised not to exceed amount of $5,500,000, and extend the term one year. Funds are budgeted in the Public Works equipment management operating budget. Approval of the amendment will allow the City to continue to meet the demand for fuel supply. Purchasing Division/ch S:TURC[MDMIN \Amendments 12 -13\AC for Full Load Fuel Supply Amendment #1 to Agreement 11- 146.docx October 31, 2012 3:05 PM BA y vow +r S ADMINISTRATIVE REPORT 1t� LIFO MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: October 31, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_ APPROVED SUBJECT: Amendment No. 1 to Agreement No. 11 -147 with Valley Pacific Petroleum Services, Incorporated; extending the contract term one year, and adding $1,250,000 (for a total not to exceed amount of $2,500,000) to continue the supply of partial -load gasoline and diesel fuel. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On December 20, 2011, Council approved the Annual Contract for the supply of partial -load gasoline and diesel fuel to Valley Pacific Petroleum Services, Incorporated in the amount of $1,250,000; renewable annually thereafter for four consecutive one -year periods. If approved, Amendment No. 1 will add $1,250,000 for a revised not to exceed amount of $2,500,000, and extend the term one year. Funds are budgeted in the Public Works equipment management operating budget. Approval of the amendment will allow the City to continue to meet the demand for fuel supply. Purchasing Division/ch &TURCMADMDAAmendments 12 -13\AC for Partial Load Fuel Supply Amendment # 1 to Agreement 11- 147.docx October 31, 2012 3:14 PM ADMINISTRATIVE REPORT MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUA DATE: November 9, 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. William J & Ann Kinnett / 7705 Hooper Avenue / Agreement 12 -001 b. Ray W. & Quandala Graham / 7908 Kimberly Avenue / Agreement 12 -002 C. Milton J. & Marilyn C. Webster / 7712 Kimberly Avenue / Agreement 12 -005 d. Franklin W. & Dorothy E. Allen / 7913 Hooper Avenue / Agreement 12 -006 e. Richard D. & Judith I. Baize / 7600 Hooper Avenue /Agreement 12 -007 f. Robert E. & Carolyn J. Balch / 7709 Kimberly Avenue / Agreement 12 -008 g. Roy & Marilyn A. Garcia / 7804 Kimberly Avenue / Agreement 12 -009 h. Michael D. & Genita K. Holman / 7608 Kimberly Ave / Agreement 12 -010 i. Andrew & Delphine R. Lopez / 7801 Kimberly Avenue / Agreement 12 -011 j. David E. & Michelle D. Reed / 7605 Kimberly Avenue / Agreement 12 -012 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. Ten agreements were amended at a previous council meeting. Amendments for the remaining agreements will be submitted to Council in future meetings. do G: \GROUPDAT \ADMINRPT \2012 \11 -14 \Kimberly- Hooper Amend 1 ADMIN.doc October 22, 2012, 4:35PM MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPR VED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: November 2, 2012 CITY ATTORNEY-4/tyk CITY MANAGER SUBJECT: Contract Change Order No. 62 to Agreement No. 09 -076 with Security Paving Company, Inc. ($150,526.11; revised not to exceed $87,709,456.65; change order 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. 62 provides for modifications to the staging plans for the road re- construction work to be performed on Coffee Road between Brimhall Road and Truxtun Avenue. To minimize disruption to the travelling public, the construction staging area will be modified to provide for a minimum of two lanes during the day. Some of the work to re- construct Coffee Road will still require Coffee Road to be reduced to one lane in each direction; however, this work will occur at night for the convenience of the travelling public. As part of the modifications, the road structural section, which is the amount of aggregate base and asphalt to be used, was also changed to add more asphalt and reduce the aggregate base. This modification will reduce the amount of time required to re- construction this portion of the roadway. Staff and the contractor have reviewed the costs for these modifications; however, concurrence has not been reached. Staff estimates a cost of $150,526.11 for this additional work. The contractor has not signed this proposed Change Order since the contractor does not concur with this amount. However, these modifications must be Implemented in the next few weeks to avoid future delays with completing the project. In order to meet project timelines, staff recommends approval of this Change Order using the staff calculated cost and without the contractor's signature. If the contractor later submits acceptable justification for a revision to this cost, staff will review the additional information and if changes are warranted, a revised contract change order will be placed on a future council agenda. Lt; Tdw GAGR0UPDATWDMINRPT \2012 \11- 14Wdmin Rpt CCO 62 WSP Phase 2.docx Proiect # T9PW20 A U O ADMINISTRATIVE REPORT Staff recommends approval of Contract Change Order No, 62, Change Orders to date, including these proposed Change Orders, total $11,137,011.58. This is a 14.5% increase over the original Agreement as illustrated below: • Original Contract Amount = $ 76,572,445.07 • Previous Change Orders = $10,986,485.47 • Current Change Order No. 10 and 65 = $ 150,526.11 • Amended Contract Agreement after Change Orders = $ 87,709,456.65 Net Increase to date = $ 11,137,011.58 Sufficient funds have been previously budgeted to pay for these contract change orders. Much 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 GA GR0UPDAT \ADMINRPT\2012 \11- 14\Admin Rpt CCO 62 WSP Phase 2.docx Project # T9PW20 MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: S. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 1, 2012 APPROVED DEPARTMENT HEAD J1t(-- CITY ATTORNEY A*- CITY MANAGER SUBJECT: Contract Change Order No. 1 to Agreement No. 12 -109 with Bowman Asphalt Inc. ($48,808.00; revised not to exceed $461,220.00) for the Hosking Avenue and Wible Road Street Improvments Project (Ward 7). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the widening of Hosking Road at Wible Road. Prior to construction, staff noted that the storm drain facilities on the project needed to be revised. The designer has prepared revised plans which necessitate adding additional storm drain pipe, manholes, and a revised width for the catch basins. The contractor has agreed to do this additional work for the lump sum price of $48,808. The net cost increase of Contract Change Order 1 is $48,808.00 (11.8% increase of the original contract amount) as illustrated below: • Original Contract Amount = $412,412.00 • Amended Contract Agreement after Change Orders = $461,220.00 Net Increase to date = $ 48,808.00 Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact associated with this Change Order. RM (Construction) November 2, 2012, 10:52AM GAGR0UPDAT\ADMINRPT \2012 \11- 14 \CCO 1 Hosking and Wible Improvements - Revised.doc MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 29, 2012 APPROVED DEPARTMENT HEAD /K CITY ATTORNEY p� CITY MANAGER l� SUBJECT: Contract Change Order Nos. 1 and 2 to Agreement No. 12 -099 with Security Paving Company ($56,722.77; revised not to exceed $1,152,767.10) for the project known as Pavement Rehabilitation 2012 Phase 2: Panama Lane From State route 99 to South "H" Street (Ward 7). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project provides for reconstruction of Panama Lane from State Route 99 to South "H" Street. Contract Change Order No. 1 provides for reconstructing the two -way left turn lane on Panama Lane from Chester W. Nimitz Street west to the concrete median island. Due to favorable bids realized on this project, sufficient funds are available to perform this additional roadway reconstruction. The contractor has agreed to perform this additional work at the current contract prices for a total cost of $44,995. Contract Change Order No. 2 provides for reconstructing an area of Colony Street just south of the Panama Lane intersection. Due to favorable bids realized on this project, sufficient funds are available to perform this additional roadway reconstruction. The contractor has agreed to perform this additional work at the current contract prices for a total cost of $11,727.77. The net cost increase of Contract Change Orders 1 and 2 is $56,722.77 (which is 5.2% of the original contract amount) as illustrated below: • Original Contract Amount = $1,096,044.33 • Amended Contract Agreement after Change Orders = $1,152,767.10 Net Increase to date = $ 56,722.77 Sufficient funds are budgeted to fund these Change Orders. There is no General Fund impact associated with these Change Orders. RM (Construction) October 29, 2012, 4:51 PM G:\ GROUPDATWDMINRPT\2012 \11- 14 \CCO 1 -2 Panama Lane Reconstruction.doc MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: $ , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director November 2, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER A5 Reject bids for the annual contract to supply fire resistant clothing to the General Services Division. RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: Invitations to bid were sent out for a contract to supply fire resistant clothing to the General Services Division. Two (2) bids were received from Mission Linen Supply and Ameripride. Staff recommends rejecting all bids, re- evaluating the needs of the General Services Division and re- bidding at a later date. Purchasing Division/kb &VURCHIADMINWdmin 12 -13 \Reject Bids - AC Fire Resistant Clothing, 12- 13 -15, November 14, 2012.docx November 2, 2012 MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director November 5, 2012 DEPARTMENT HEAD /lY:�2 CITY ATTORNEY CITY MANAGER Reject bids for contract for construction of HUD funded curb and gutter for Alta Vista and East California areas. (Ward 1, 2) RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: Invitations to bid were sent out for a contract for construction of HUD funded curb and gutter for Alta Vista and East California areas. Six (6) bids were received from Global International Development, Inc., DOD Construction, Jim Alfter Cement Contractor, Terry Bedford Concrete Construction, Southhill Contracting Corporation and V. Lopez Jr. & Sons, Inc. and Griffith Company ranging in price from $357,317.31 to $784,824.20. Recent decisions made by the State Department of Finance have created some uncertainty as to certain debt service and other obligations of the former Redevelopment Agency. The ultimate determination may have an effect on the amount of funding that will be available for some of the HUD funded projects, as it may be necessary to do a reallocation of the available funds. Therefore, staff recommends rejection of all bids for these projects in order to reevaluate the projects and quantities being solicited. This item will be re -bid at a later date. Staff will also be implementing the recent Council direction regarding the pre - qualification of bidders for projects of $250,000 or more. Purchasing Division/kb S:1AdminWdmin ReportsReject Bids - Contract for HUD funded curb and gutter for Alta Vista and E Calif areas 12 -13 -12 November 14 2012.docx November 2, 2012 MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: , 0_41L. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director November 5, 2012 W I 4C DEPARTMENT HEAD CITY ATTORNEY )070 bl CITY MANAGER Reject bids for contract to supply HUD funded street materials. (Ward 1, 2) RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: Invitations to bid were sent out for a contract to supply HUD funded street materials. Three (3) bids were received from Granite Construction Company, Bowman Asphalt and Griffith Company ranging in price from $594,701.25 to $736,593. Recent decisions made by the State Department of Finance have created some uncertainty as to certain debt service and other obligations of the former Redevelopment Agency. The ultimate determination may have an effect on the amount of funding that will be available for some of the HUD funded projects, as it may be necessary to do a reallocation of the available funds. Therefore, staff recommends rejection of all bids for these projects in order to reevaluate the projects and quantities being solicited. This item will be re -bid at a later date. Staff will also be implementing the recent Council direction regarding the pre - qualification of bidders for projects of $250,000 or more. Purchasing Division/kb S:\AdminWdmin Reports \Reject Bids - Contract for HUD funded street materials 12 -13 -13 November 14 2012.docx November 2, 2012 MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: S 16 TO: Honorable Mayor and City Council . APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: October 31, 2012 CITY ATTORNEY D� CITY MANAGER l� SUBJECT: Accept bid from Cyber Computers, Incorporated, in the amount of $104,296.25 for one hundred (100) replacement Lenovo desktop computers for the Information Technology Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over five hundred (500) suppliers for computer equipment. Ten (10) bids were received in response to the solicitation. The low bid received from Business Services did not base their bid on the specified model whereby rendering their bid unacceptable. The next lowest bid received from Cyber Computers is based on the model specified and is considered acceptable by staff. The computers will replace existing desktop computers in various City departments that have been in use beyond their recommended replacement date. Funds are budgeted in the Equipment Replacement Fund for the purchase of one hundred (100) Lenovo desktop computers. The ten (10) bids received are as follows: BIDDER Business Services, Longboat Key, FL Cyber Computers, Inc., Irvine, CA Y & S Technologies, Brooklyn, NY En Pointe Technologies Sales, Inc., Gardena, CA Crown Hill Consulting Group, Inc., Temecula, CA CDW Government LLC, Vernon Hills, IL RESPONSIVE AMOUNT (Yes /No) $ 94,105.36 No $104,296.25 Yes $105,690.50 Yes $107,392.56 Yes $109,015.25 Yes $109,364.89 Yes Purchasing Division/kb SAPURCHWDMINWdmin 12- 13\Lenovo Thinkoentre M92Z Computers, 12- 13-21, November 14, 2012.docx ADMINISTRATIVE REPORT Gov Connection, Inc., Merrimack, NH $110,450.26 Coast to Coast Computer Products, Inc., Simi Valley, CA $111,723.31 Trinity Networx, LLC, Chino, CA $112,340.00 Micro Trends, Inc., Pasadena, CA $118,238.75 Purchasing Division/kb & PURCHWDMIN1Admin 12- 13\Lenovo Thinkcentre M92Z Computers, 12- 13 -21, November 14, 2012.docx Yes Yes Yes Yes MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: R ac. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: November 1, 2012 CITY ATTORNEY CITY MANAGER S SUBJECT: Accept Base Bid and Additive Alternate No. 1 and approve contract to CTG Construction, Incorporated ($56,800) for Painting at various Fire Stations. (Citywide) RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract for Base Bid and Additive Alternate No. 1. BACKGROUND: Invitations to bid were sent to over one hundred (100) painting contractors. Twelve (12) bids were received in response to the solicitation. The exterior surfaces of Fire Stations 2, 4, 6, 7, 13 and 15 are peeling and in need of painting maintenance to prevent further structure damage. The Base Bid consists of painting the exterior surfaces of Fire Stations 2, 4, 7, 13 and 15. Additive Alternate No. 1 consists of painting the exterior surfaces of Fire Station 6. City policy requires contract awards to be based on base bid amounts. Twelve (12) bids were received as follows: CTG Construction, Inc. Base Bid $46,000 Wilmington, CA Tony Painting Base Bid $51,380 Garden Grove, CA AJ Fistes Corporation Base Bid $52,250 Long Beach, CA U.S. National Corporation Base Bid $55,390 Panorama City, CA Elite Painting & Wallcovering, Inc. Base Bid $58,435 Bakersfield, CA Wm. B. Saleh Company Base Bid $61,392 Bakersfield, CA Purchasing Division/kb SAPURCHWDMINWdmin 12- 13%Painting at various fire stations, 12- 13 -32, November 14, 2012.docx ADMINISTRATIVE REPORT Alpha D6cor & Painting, Inc. Base Bid $62,000 Huntington Beach, CA Piana Construction Base Bid $64,800 Granada Hills, CA Astro Painting Company Base Bid $69,000 W. Covina, CA Fix Painting Base Bid $72,899 Woodland Hills, CA Raider Painting Company Base Bid $74,491 Atascadero, CA Mear Construction, Inc. Base Bid $92,000 Garden Grove, CA Staff finds the low bid submitted by CTG Construction for the Base Bid to be acceptable and recommends approval of the contract for the base bid amount of $46,000 plus $10,800 for the Additive Alternate No. 1 for a total of $56,800. Sufficient funds are available in the Fire Department's Capital Outlay Fund to award the Base Bid and Additive Alternate No. 1 for this project. This bidding process was initiated prior to the Council action regarding prevailing wage issues and was bid as a prevailing wage project. In the future this type of project using local funds will be bid without prevailing wage requirements. Purchasing Division/kb SAPURCHWDMINWdmin 12- 13\Painting at various fire stations, 12- 13 -32, November 14, 2012.docx MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: November 2, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Accept Base Bid and Additive Alternates No. 1 and 2 and approve contract to U.S. National Corporation ($55,200) for Painting and Window Repair at Fire Station #1, HUD funded. (Ward 2) RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract for Base Bid and Additive Alternates No. 1 and 2. BACKGROUND: Invitations to bid were sent to over one hundred (100) painting contractors. Six (6) bids were received in response to the solicitation. The exterior surfaces of the main Fire Station, Maintenance Shop and Warehousing areas are in need of painting maintenance. The Base Bid consists of the painting of all exterior surfaces and the rehabilitation of building windows. Additive Alternate No. 1 consists of painting the interior walls and ceiling surface of the apparatus bay. Addition Alternate No. 2 consists of painting the interior surfaces of windows and frames within the headquarters portion of the Fire Station. City policy requires contract awards to be based on base bid amounts. Six (6) bids were received as follows: U.S. National Corporation Base Bid $ 27,300 Panorama City, CA CTG Construction, Inc. Base Bid $ 38,600 Wilmington, CA Steve Holloway Painting Base Bid $ 43,875 Bakersfield, CA Color New Company Base Bid $ 54,000 Woodland Hills, CA Elite Painting & Wallcovering, Inc. Base Bid $ 55,200 Bakersfield, CA R.E. Poole General Contractor Base Bid $135,979 Bakersfield, CA Purchasing Division/kb SAPURCH\ADMINWdmin 12 -13 \Painting and Window Repair at Fire Sta #1 -HUD Funded, 12- 13 -21, November 14, 2012.docx ADMINISTRATIVE REPORT Staff finds the low bid submitted by U.S. National Corporation for the Base Bid to be acceptable and recommends approval of the contract for the base bid amount of $27,300 plus $21,000 for Additive Alternate No. 1 and $6,900 for Additive Alternation No. 2 for a total of $55,200. Funds are budgeted in the Community Development Block Grant Entitlement for this contract. There is no General Fund impact associated with this contract. Purchasing Division/kb SAPURCHWDMIN1Admin 12- 13\Painting and Window Repair at Fire Ste #1 -HUD Funded, 12- 13 -21, November 14, 2012.docx MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM:A. ec. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 30, 2012 APBROVED DEPARTMENT HEAD X"' CITY ATTORNEY CITY MANAGER Accept bid and approve contract to Loop Electric, Inc ($79,680.00) for the Traffic Signal Interconnect - Part 9 project (Ward 4). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: This project will install traffic signal interconnect conduit and wiring along Stockdale Hwy between Renfro Road and Jenkins Road. With this new interconnect installed, traffic signal timing along this segment can be optimized to improve traffic flow and improve air quality by reducing vehicle pollutants. This project is 88.53% federally funded through the Congestion Mitigation and Air Quality Program (CMAQ) and 11.47% locally funded through gas tax funds. The Engineer's Estimate for this construction contract was $87,150. On August 28, 2012, a total of four 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) Republic Intelligent Transportation Services 371 Bel Marin Keys Blvd #200 Novato, CA 94949 PTM General Engineering Services, Inc. 5942 Acorn Street Riverside, CA 92614 A -C Electric Company 315 30th Street Bakersfield, CA 93301 (City) in the amount of $79,680.00 in the amount of $86,140.00 in the amount of $88,488.00 in the amount of $102,810.00 Sufficient funds are budgeted to award the contract. There is no General Fund impact associated with this project. iu Public Works / Traffic Engineering G:\GROUPDATWDMINRPT\ 2012\ 11- 14WdminRpt_T1K207_Interconnect Part 9.doc October 31, 2012, 4:35PM A ADMINISTRATIVE REPORT 1F0 MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 30, 2012 APPROVED DEPARTMENT HEAD �k CITY ATTORNEY D� CITY MANAGER J� Accept bid and approve contract to Loop Electric, Inc ($152,275.00) for the Traffic Signal Interconnect - Part 10 project (Wards 5 and 6). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: This project will install traffic signal interconnect conduit and wiring along White Lane between Gosford Road and Ashe Road. With this new interconnect installed, traffic signal timing along this segment can be optimized to improve traffic flow and improve air quality by reducing vehicle pollutants. This project is 88.53% federally funded through the Congestion Mitigation and Air Quality Program (CMAQ) and 11.47% locally funded through gas tax funds. The Engineer's Estimate for this construction contract was $157,300. On August 28, 2012, a total of four 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) Republic Intelligent Transportation Services 371 Bel Marin Keys Blvd #200 Novato, CA 94949 PTM General Engineering Services, Inc. 5942 Acorn Street Riverside, CA 92614 A -C Electric Company 315 30th Street Bakersfield, CA 93301 (City) in the amount of $152,275.00 in the amount of $161,825.00 in the amount of $177,430.00 in the amount of $183,115.00 Sufficient funds are budgeted to award the contract. There is no General Fund impact associated with this project. ju Public Works / Traffic Engineering GAGROUPDAT ADMINRPT \2012 \11- 14WdminRpt T2K208_lnterconnect Part 10.doc October 31, 2012, 4:42PM pM TADMINISTRATIVE REPORT MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: Q nn TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director November 1, 2012 APP_ DEPARTMENT HEAD CITY ATTORNEY Annual Contract for Refuse and Recycling Carts. CITY MANAGER 1. Accept bid and approve contract to Toter LLC ($3,487,662.75) for the supply of refuse and recycling carts. Citywide 2. Appropriate $1,500,000 Refuse Fund Balance to the Capital Outlay budget within the Refuse Fund for the purchase of recycling carts associated with the universal curbside recycling program. RECOMMENDATION: Staff recommends acceptance of bid, approval of contract and appropriation of funds. BACKGROUND: Invitations to Bid were sent to over three hundred (300) suppliers of refuse and recycling carts. One (1) bid from Toter LLC was received in response to the solicitation. The contract is for a one year period; renewable annually for four consecutive one -year periods at the City's option and upon mutually agreeable terms. The bids solicited were based on the supply of tan refuse carts, green waste carts and blue recycling carts. Alternate bid pricing options were requested to allow improved value and short term and long term savings opportunities to the City. (See attached bid detail). Options to purchase green waste carts with vents and bottom grates has been selected to allow moisture to evaporate from the green waste, resulting in cost savings from hauling lighter material (Alternate # 1). The Alternate #2 option for assembly and curbside delivery of carts to new recycling routes is a lower cost than outsourcing that service separately, and therefore has been selected. Alternate #3 has been selected as the thicker cart wall prevents the carts from bending inward when lifted, which prevents refuse from being trapped inside the bin. The thicker cart wall also prolongs the estimated cart life. A budget amendment of $1.5 million dollars is needed because the contract amount is greater than currently budgeted, due to City Council's decision to accelerate the program from a three year phase -in to a two year phase -in. On March 21, 2012 City Council adopted the universal curbside recycling program with a three year phase -in. The FY 2012 -13 budget was prepared accordingly. Subsequent to budget adoption, on September 9, 2012 the City Council approved a report which included a two year phase -in. Staff finds the bid submitted from Toter LLC to be acceptable and recommends approval of a contract in the amount of $3,487,662.75. Purchasing Division/kb SAPURCHIADMINWdmin 12 -13AC Refuse and Recycling Carts, 12- 13 -22, November 14, 2012.docn Created on 11/2/2012. Annual Contract for Refuse and Recycling Carts Toter, Inc. Bid No. 12 -13 -22 Statesville, NC 800- 424 -0422 704- 878-0734(Fax DESCRIPTION UNIT PRICE EXTENDED PRICE Refuse Container, large, round, 90 -105 gallons. Color: 5,000 47.95 239,750.00 Tan /Sand. Cart Weight: 29.5 lbs. Green Waste Container, no vent, no bottom grate, small, round, 60 5,000 42.93 214,650.00 70 gallons. Color Green. Cart Weight: 22.5 lbs. Recyclable Container, large, round, 90-105 gallons. 50,000 47.95 2,397,500.00 Color: Blue. Weight: 29.5 lbs. Alternate Bid 81 Green Waste Container, vented with bottom grate, small, round, 60 5,000 56.43 282,150. 70 gallons. Color•. Green. Weight: 22.5 lbs. Alternate Bid #2 Assembly and curbside delivery of blue residential recycling carts. 50,000 3.75 187,500. Add'I pricing options related to curbside delivery: $0.25 per cart 50,000 .60 30,000. for recording serial numbers with addresses during distribution. 50,E .10 5,000.00 $0.60 per cart for scanning bar codes. $0.10 per cart for Distribution Report. Alternate Bid 83 Refuse /Recyclable Container, large, round, 90 -105 gallons. 55,000 49.95 2,747,250.00 Colors: Ton /Sand /Blue. Weight: 32 lbs. Alternate Bid #3 Green Waste Container, no vent, no bottom grate, small, round, 60 5,000 44.93 224,650.00 70 gallons. Color: Green. Weight: 25 lbs. Subtotal of Options Selected (Selected hems are In bold) 7.25% Sales Tax on selected options 3,251,900.00 235,762.75 Annual Estimate for Contract $3,487,662.75 tay1Y;; ADMINISTRATIVE REPORT MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: 18. h h , TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: November 2, 2012 APPROVED DEPARTMENT HEAD `./ CITY ATTORNEY CITY MANAGER /w SUBJECT: Appropriate $60,000.00 Federal Grant Revenues (FY2012 -13 Sobriety Checkpoint Mini -Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for DUI checkpoints in the Traffic Division. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: On October 18, 2012 the Bakersfield Police Department was notified it was awarded $60,000.00 from the State Office of Traffic Safety (O.T.S.) for the FY2012 -13 Sobriety Checkpoint Mini -Grant Award. The goal of the Sobriety Checkpoint Grant Program for 2012 -2013 is to reduce the number of victims killed and injured in alcohol - involved crashes in participating cities. The period of this grant, October 01, 2012 to September 30, 2013, encompasses two national mobilization periods: the Winter Holiday Mobilization period, December 14, 2012 - January 01, 2013, and the Labor Day Mobilization period, August 16, 2013 - September 02, 2013, and four additional checkpoints outside the mobilization periods.. The funding source of this award is the National Highway Traffic Safety Administration through the California Office of Traffic Safety. Therefore, an appropriation of $60,000 Federal Grant Revenues to the General Fund Police Operating Budget is requested. DB Page 1 of 1 MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: S. i i TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: October 29, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $395,000 Landfill Closure Fund balance to the Public Works Department's Capital Improvement budget for costs associated with the Landfill Closure Project (Ward 3). RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: Two amendments for the Landfill Closure Project were approved at the October 17, 2012 City Council meeting. Amendment No. 3 to Agreement No. 10 -075 with GC Environmental was approved for $135,000. This Agreement provides 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. Amendment No. 2 to Agreement No. 10 -155 with Advanced Earth Sciences was approved for $110,000. This Agreement provides geotechnical monitoring and regulatory reporting all the way through construction of the final cap. An appropriation should have been included on the October 17, 2012 Administrative Report for both amendments. Additionally, the County will invoice the City for a proportionate share of engineering costs incurred by the County. The City's share for these engineering costs is estimated at $110,000. Staff recommends the appropriation of $150,000 to cover the City's share of these engineering costs along with miscellaneous costs such as construction inspection. The Landfill Cap project began construction in February 2012. The project is 80% complete and is scheduled for completion in December 2012. A portion of this Project's cost will be paid by Kern County per the Landfill Closure Cost Sharing Agreement. There is no General Fund impact associated with the Landfill Closure Project. fit? G: \GROUPDAT \ADMINRPT \2012 \11 -14 \Landfill Closure Admin Report SW - revised.doc 0�BA E rcorPOrt „��s IF Uc� ° ADMINISTRATIVE REPORT gL 0 MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM: , TO FROM: DATE: Honorable Mayor and City Council APPROVED Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD November 6, 2012 SUBJECT: Approval of Department of Housing Amendment 7 (FY 06107), Amendment Amendment 2 (FY 12/13) (All Wards). RECOMMENDATION: CITY ATTORNEY CITY MANAGER & & Urban Development (HUD) Action Plan 15 (FY08 /09), Amendment 8 (FY10 /1 1), and Staff recommends approval of the Action Plan Amendments BACKGROUND: The City receives funding annually from HUD as an entitlement community through the City's Action Plan, which describes all HUD - funded City projects and sets aside funding for Section 108 loan payments for a particular fiscal year. The process by which significant changes are made to the Action Plan is termed by HUD to be a Substantial Amendment. Staff is recommending Substantial Amendments to the City's FY06 /07, FY08 /09, FY10 /11, and FYI 2/13 for three primary reasons. First, the City offers downpayment assistance associated with two existing housing projects: the Parkview Cottages (directly north of Central Park at Mill Creek), and Creekview Villas (South Mill Creek). Assistance is set -aside for households earning less than 80% of area median income (AMI), and can be used for a home purchased at 95% or less of the area's median sales price. However, due to poor market conditions, this funding is being drawn down at a much slower rate than anticipated, which may risk the funds being returned to HUD. Thus, staff is recommending the transfer of $249,391 of downpayment assistance funding to New Construction Assistance which can be used for Baker Street Phase II new construction project. This funding is included in the Baker Street Phase II Disposition and Development Agreement (DDA) HOME financing, which is also on the November 14, 2012 City Council agenda. Second, the City currently has downpayment assistance programs spread throughout three HUD program years (06/07, 08/09, and 10 /11), which can make the administration of funding S: \Dana\ADMINS \2012 \NOV\11 -14- Action Plan Amendments.Doc 11/6/2012 11:08 AM rab ADMINISTRATIVE REPORT Page 2 problematic. Additionally, some downpayment assistance programs still contain descriptions of former Redevelopment Project Areas which no longer exist. The proposed amendments will consolidate the multiple downpayment assistance programs into a single program with an updated project description that does not reference former Redevelopment Areas. These changes are reflected in the following table: Fiscal Current Plan Revised Year Program Amount Action Plan Amount 06/07 Housing Urban Bakersfleld - Downpayment Assistance 0% loans City wide up to $40,000 for downpayment & closing costs Transfer assistance to help low- income $178,902 (-$125,701) $53,201 buyers purchase a home in Downtown, Southeast Bakersfield and Old -Town Kern Pioneer Project Areas. 08/09 Housing Urban Bakersfleld - Downpayment Assistance - 0% loans up to $40,000 for Transfer downpayment and closing costs $125,184 (- $125,184) $0 assistance to help low- income people purchase a home in central downtown at 21 St and R Streets Net Decrease - $250,885 11/12 Housing Urban Bakersfleld - Downpayment Assistance 0% loans up te- 100, for downpayment & closing costs assistance to help low- income Change of buyers purchase a home i $600,000 Scope and $601,494 Increase ( +$1,494) mss. Funds reserved for Creekview Villas - ug to $100,000, and Parkview Cottages - up to 40 000. * 12/13 New Construction Assistance - Housing development assistance Increase for costs associated with acquisition $722,244 ( +$249,391) $971,635 and construction of affordable housing Net Increase +$250,885 *StFikethFou@4 text is deleted, underlined italics text is added S: \Dana\ADMINS\2012WOV\11 -14- Action Plan Amendments.doc 11/6/2012 11:11 AM rab ADMINISTRATIVE REPORT Page 3 Finally, at the request of the City's HUD Field Representative, the City's FY12 /13 Mill Creek, Southeast, and Baker Street Police Patrol project description should be updated to better reflect how funds are spent. Originally, the description included the salaries and benefits for three police officers. However, funds are actually being expended for two police officer full -time equivalent (FTE) positions to patrol the area described. The following action revises the description of the project as requested. No change to funding is proposed. Fiscal Year Program Current Plan Amount Action Revised Plan Amount 12/13 Mill Creek, Southeast, and Baker Street Police Patrol Salaries and benefits for three two police officers full time equivalent positions for increased police coverage in Downtown and Southeast Bakersfield to provide a Change of higher level of public safety in a $237,376 Scope $237,376 low- income area. Area is generally (no change bounded by 'E' St. to Union Ave., to funding) and California Ave., to Golden State Ave.; Union Ave. to Martin Luther King Jr. Blvd., and Brundage Ln. to California Ave; and Niles St. to E. Truxtun Ave., and Beale Ave. to Union Ave.* * -StFil text is deleted, underlined italics text is added In accordance with HUD regulations and the City of Bakersfield's Citizen Participation Plan, a 30- day Public Notice for the aforementioned amendments to solicit public input was published on October 13, 2012. No comments have been received to date. S:\Dana\ADMINS\2012\NOV111 -14- Action Plan Amendments.doc 11/6/2012 11:11 AM rab A ( u ADMINISTRATIVE REPORT MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar ITEM, B. j[ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director October 25, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER__ Acceptance of 2010 -11 Transportation Development Act Funds Financial Statements RECOMMENDATION: Staff recommends acceptance of audit report. BACKGROUND: Kern Council of Governments (Kern COG) administers Transportation Development Act (TDA) Funds. TDA funds provide the funding source for the following two City of Bakersfield funds: • Bikeway and Pedestrian Fund accounts for projects dedicated to bicycle and pedestrian facilities and safety. • Amtrak Operating Fund accounts for maintenance costs for the Bakersfield Amtrak Station. Statutes governing the use of TDA funds require annual audits. These statutes include KernCog's Rules and Regulations, the California Public Utilities Code section 99245, and the California Code of Regulations section 6664. KernCog contracted with Brown Armstrong Accountancy Corporation to perform audits of member agencies. The City bears no part of the audit costs. The attached financial statements for the TDA Funds were prepared for the fiscal year ending June 30, 2011. The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Brown Armstrong Accountancy Corporation has issued an unqualified opinion. GI G:\ GROUPDAT \ADMINRPT\2012 \11- 14 \Transp Dev Act Funds Financial Stm.docx MEETING DATE: November 14, 2012 AGENDA SECTION: Successor Agency ITEM: 9. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: October 29, 2012 CITY ATTORNEY CITY MANAGER — SUBJECT: Receive and file successor agency payments from October 5, 2012 to October 29, 2012 in the amount of $307,531.85. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: SAKim MADMIN - SA \COUNCIL- ADMIN- SA- 2013\ADMIN-SA 11- 14- 12.doc 1 MEETING DATE: November 14, 2012 AGENDA SECTION: Hearings ITEM: 10 , a TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 2, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution adopting the Negative Declaration and approving the closing and construction of cul -de -sacs of Beech, Myrtle, Spruce, Pine, Cedar, A, B and C Streets south of 24th Street, subject to conditions. (Ward 2) RECOMMENDATION: Staff recommends adoption of the Negative Declaration and approval of Resolution. Adoption of this recommendation would allow for the installation of cul -de -sacs on Beech, Murtle, Spruce, Pine, Cedar, A, B, and C Streets, south of 24th Street, if the conditions, as outlined below, are met and if the property owners continue to support the concept. BACKGROUND: The proposed project is the construction of cul -de -sacs that would close existing through streets to vehicle traffic, subject to the conditions to be listed below. The cul -de -sacs may be constructed along the south side of 24th Street at the intersections with Beech, Myrtle, Spruce, Pine, Cedar, A, B, and C Streets. If constructed, the cul -de -sacs would prevent all vehicle circulation, both egress and Ingress, between 24th Street and the local streets stated above. Closure of these streets has been discussed by the neighborhood for many years. Other than Elm Street (which was previously closed per Council Resolution No. 247 -06, and is not a part of this current proposal), consensus by the residents to close them has never been achieved. However, with the recent circulation of the 24th Street Improvement Project Draft Environmental Document, neighborhood interest in closing these streets was again expressed. Therefore, this street closure /cul -de -sac project is being proposed by staff in response to the request of the neighborhood property owners. The City has received petitions from residents to cul -de -sac Beech, Myrtle, Spruce, Pine, Cedar, and "A" Streets along the south side of 24th Street. Construction of cul-de -sacs at these streets is not needed for, and is not a part of, the 24th Street Improvement Project that proposes to widen 24th Street in this area. However, construction of cul -de -sacs at "B" and "C" Streets Is needed for the 24th Street Improvement Project. The closing of these streets is a part of that project and, as such, would be done in conjunction with the construction of that project, if it is ultimately approved. Tdw: g: \groupdat \adminrpt \2012\ 11 -14 \24th street cul -de -sac admin rev2- 110612.doc ADMINISTRATIVE REPORT Page 2 However, if the 241h Street Improvement Project is not approved and does not go forward, the property owners on "B" and "C" Streets could still request that a cul -de -sac be constructed, and they could submit petitions, as the property owners on other neighboring streets have done. if the 24th Street Improvement Project does not occur, it would be the decision of the property owners along "B" and "C" Streets as to whether or not these closures and the installation of cul -de -sacs would go forward. Therefore, the "B" and "C" Streets have been included in this proposed cul -de -sac construction project. Other than for the "B" and "C" Streets closings (which are needed for the 24th Street Improvement Project), staff is neutral on these street closings. The decision to close these streets and construct cul -de -sacs will be dependent on the property owners along the affected streets between 22nd and 24th Street and their willingness to meet the conditions stated below. As previously mentioned, some of the property owners have expressed interest and have submitted petitions in support. Therefore, staff has agreed to pursue the closure of these streets, and proposed that the City install concrete curbing and paving for these cul -de- sacs, with the following two mandatory conditions: 1.) All property owners between 24th and 22nd Streets along the affected street must agree to the closure by their signing of a petition signifying such closure. 2.) End -of- street property owners (adjacent to 24th Street) must agree to donate sufficient property to construct the cul -de -sac to City standards. City staff would meet with property owners individually to complete details of the property donation transactions. The cul -de -sac project would not include the replacement or restoration of trees, shrubs, sidewalks, walls, fences, or other landscape features that may be removed or disturbed because of this construction. The cul -de -sac project would only include the installation of concrete curbing and paving, in additon to the installation of street signage as required for cul -de -sacs. No landscaping or architectural features, such as walls, would be included in this cul -de -sac project. Landscaping and /or architectural features proposed as part of the 24th Street Improvement Project would be installed as part of the construction of that project, if it is approved, and only within the 24th Street right -of -way. In addition, if all the residents of a street agree that the 24th Street Improvement Project should construct an ornamental decorative wall across the end of the cul -de -sac for their street, the City has agreed that this decorative wall could be constructed within the 24th Street right -of -way by the City with the 24th Street Improvement Project construction. For streets that meet the conditions to have a cul -de -sac constructed, staff would work with the neighborhood and the end -of- street property owners regarding the timing of the construction. The earliest construction could occur would be in spring 2013. However, staff is recommending that any cul -de -sac construction that may occur should be timed to coincide with construction of the 24th Street Improvement Project, if it is approved. Construction of the 24th Street Improvement Project would be anticipated to begin 16 to 18 months after the approval of the Final Environmental Document for that project. Staff believes this timing would minimize disruption and inconvenience to the neighborhood. Tdw: g: \groupdat \adminrpt \2012\ 11 -14 \24th street cul -de -sac admin rev2- 110612.doc ADMINISTRATIVE REPORT Page 3 As stated above, closure of a street and construction of any cul -de -sacs will be entirely dependent upon agreement by the property owners on that street and upon the donation of the needed property for the cul -de -sac. Although petitions have been submitted to initiate this process, the conditions, as stated above, would have to continue to be in place and in effect when the construction of the cul -de -sacs would begin. Staff would provide notification to the property owners prior to initiating cul -de -sac construction. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on September 5, 2012, in accordance with CEQA. Staff recommends adoption of the Negative Declaration and approval of the Resolution. Tdw: g:\groupdat \adminrpt \2012\ 11 -14 \24th street cul -de -sac admin rev2- 110612.doc y MEETING DATE: November 14, 2012 AGENDA SECTION: Consent Calendar - Hearings ITEM: 10. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD -L --1 DATE: October 12, 2012 CITY ATTORNEY_ CITY MANAGER !C� SUBJECT: General Plan Amendment /Zone Change 12 -0244 (Ward 4) McIntosh & Associates, representing Amber Investments, LLC, the property owners, has applied for a general plan amendment and zone change on 10.26 acres generally located at 12714 Allen Road, northeast corner of Allen Road and Stockdale Hwy. 1. Resolution adopting the Negative Declaration and approving the general plan amendment changing the land use designation from OC (Office Commercial) to GC (General Commercial). 2. First reading of ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to C -2 /PCD (Regional Commercial /Planned Commercial Development). RECOMMENDATION: Staff recommends adoption of the resolution and first reading of the ordinance. BACKGROUND: The applicant proposes amendments to the Metropolitan Bakersfield General Plan Land Use Element and City of Bakersfield Zoning Ordinance to accommodate retail commercial development that will include approximately 89,000 square feet of floor area. The proposed project includes retail commercial with a drive thru pharmacy, restaurant and other retail space. In 2004, the Bakersfield City Council approved General Plan Amendment /Zone Change 04- 0431, which changed the land use and zoning on the project site from residential to office commercial. Several conditions were added to the project so there is a common architectural and design theme applied to the project site, which extended further east than the currently proposed project site. Planning staff has added those conditions to the currently proposed retail commercial use to remain compatible with the remaining office commercial to the east. With the PCD zoning, the proposed project will undergo additional public review during the planned development process. ADMINISTRATIVE REPORT Page 2 The proposed project site is surrounded by urban development including single - family and senior housing to the north of the project site and Bakersfield Christian High School to the south. To the east is vacant office commercial and to the west is low density housing and two small commercial parcels, one with a gas station and another vacant. The proposed land use is needed to provide neighborhood - serving commercial uses to the surrounding residential neighborhoods. The Metropolitan Bakersfield General Plan encourages infill of urban development, requires local access from commercial uses to surrounding residential neighborhoods, and sets guidelines for new commercial development to provide design features and restrictions between the boundaries of adjacent residential land use designations so as to reduce impacts on residences due to noise, traffic, parking and differences in scale. The Planning Commission conducted a public hearing regarding this General Plan Amendment and Zone Change on October 4, 2012, and recommended approval to the City Council. Commissioners Kirschenmann, Lomas, Haddock and Strong voted in favor; Commissioner Wade voted against; and Commissioners Batey and Tkac were absent. Three individuals spoke in opposition to the project: Ronald Froehlich, Jr.: Owns 15 acres of commercial property zoned C- 2 /PCD, located at the northwest corner of Allen and Brimhall Roads, less than one mile north of the proposed project. Mr. Froehlich stated the proposed project would have a negative impact due to the difficult market conditions and the abundant supply of general commercial in the surrounding area. Duane Keithly: A representative of Mr. Froehlich that stated the proposed project would have a negative impact on the local market and that it is inconsistent with the General Plan. Donna Haynes: Neighboring resident that lives to the north of the proposed project. Ms. Haynes is concerned about impacts to traffic and the ability for emergency services to respond due to increased traffic volume. Two individuals spoke in favor of the proposed project: Roger McIntosh: The applicant of the proposed project stated there is a limited amount of already commercially -zoned areas that could accommodate the proposed project and that no significant traffic impacts are excepted do to over estimates in previous traffic models used. Steve Anderson: Owner of Amber Investments, the owner of the project site. Mr. Anderson stated the proposed project would bring needed services to the surrounding residents. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on September 5, 2012, in accordance with CEQA. CG - S: \GPAs \GPA 3rd 2012 \12 - 0244 \Adm1nSR \CC 1st read.doc o� � A RV ADMINISTRATIVE REPORT L/F MEETING DATE: November 14, 2012 AGENDA SECTION: REPORTS ITEM: 11. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Chris Huot, Administrative Analyst III October 30, 2012 APPROVED DEPARTMENT HEAD + CITY ATTORNEY V CITY MANAGER 1) Amenity Replacement Plan for Siemon and Planz Pools: a) Splash Pad at Siemon Park (Ward 3) b) Skate Park and Additional Picnic Areas at Planz Park (Ward 1) 2) Appropriate and transfer $105,000 in Transient Occupancy Taxes Fund balance to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund for the demolition and design phases of the replacement amenities for Siemon and Planz Pools. RECOMMENDATION: The Community Services Committee recommends the replacement amenity plan for Siemon and Planz pools for a splash pad at Siemon Park and a skate park and additional picnic areas at Planz Park. Staff recommends the appropriation and transfer of funds in the amount of $105,000 for the demolition and design phases of the projects. BACKGROUND: The pool facilities located at Siemon Park and Planz Park opened in the early 1960's and were closed in late 2009 due to budget constraints. In early 2012 Recreation and Parks staff began to explore the feasibility of reopening one or both of the facilities for the summer 2012 season. In May 2012, staff provided the Community Services Committee with the results of the detailed analysis. The estimated the cost to perform basic repairs to make the pools minimally operational were projected to be $174,000 for Siemon Pool and $104,000 for Planz Pool. Significant repairs would have been needed to both facilities — including work on the drains, pumps and interior surfaces of each pool. The estimates did not include the cost to repair issues that may have gone undetected during the initial analysis, or those which would have likely arisen after the four - decade old facilities began to experience regular use again. Additionally, these costs did not include any necessary operational expenses to reopen the dormant pools — including staffing. At the conclusion of the May meeting, staff was directed by the Committee to bring back improvement options for each site, including the costs for modern pools or other options and a skate park Planz and splash pad for Siemon. At the July 2012 Community Services Committee Meeting, staff presented the committee members with three options for the pool at Planz Park and three options for the pool at Siemon Park. The options included: 1) Replacing both dormant pools with modern pools; 10/16/12 SAChris HuotTrojectsTarks Community MeetingsWdmin Planz—Siemon Demo_Design 10.17.12.doc ADMINISTRATIVE REPORT 2) Replacing the pools with a skate park at Planz Park and splash pad at Siemon Park; 3) Replacing the pools with both a modern pool and a secondary amenity, as identified in option No. 2 for each park. Staff indicated the lower cost replacement amenities (skate park at Planz Park and splash pad at Siemon Park) could be designed and constructed much quicker than it would take to acquire the significantly larger amount of funding for the modern pool options. The committee members directed staff to hold community meetings in each area to obtain feedback from the public on the multiple options which were presented to the committee, plus the addition of a Committee - created 'hybrid' concept at Planz Park, which would include a scaled -down skate park and additional picnic areas on the west side of the park. In September 2012, staff held two community meetings — one for Planz Park and one for Siemon Park. No members of the public attended the Planz Park meeting. However, Councilmember Salas and Councilmember Johnson reviewed staff's presentation and were both in favor of moving forward with the 'hybrid' concept. At the Siemon Park meeting, nine members of the public were in attendance — four citizens indicated they preferred a splash pad, four indicated they preferred a new pool, and one had no preference. Councilmember Weir was in attendance and indicated he preferred a splash pad as the replacement amenity. In October 2012, staff presented the results of the community meetings to the Community Services Committee. At that time, the Committee members unanimously voted to recommend an amenity replacement plan for Siemon and Planz pools to the full City Council for consideration. The recommended plan is to replace the dormant pool at Siemon Park with a splash pad and to replace the dormant pool at Planz Park with a skate park and additional picnic areas. The recommended options cost significantly less than a modern pool for each site, funds are available in the immediate future to complete the recommended improvements and the long term maintenance and operating costs of both recommended options are significantly less than two additional modern pools. Moreover, the demand for additional skate parks within the City is high — the addition of a skate park will assist in meeting that demand. Through this action, the demolition of the existing structures and the designs of the replacement amenities can move forward this fiscal year, with funding for construction anticipated to be included in the fiscal year 2013 -14 Capital Improvement Budget. The appropriation of funds will cover the permitting and demolition costs of both dormant pool structures, as well as the design for each new amenity. Public Works staff will be conducting the demolition and design activities. The following is a summary of anticipated costs: • Siemon Pool Demolition $20,000 • Planz Pool Demolition $20,000 • Siemon Pool Replacement Amenity Design $38,000 • Planz Pool Replacement Amenity Design $24,000 Total: $102,000 * *(Rounded to $105,000 for contingency purposes) 10/16/12 SAChris HuotTrojectsTarks Community Meetings\Admin Planz—Siemon Demo_Design 10.17.12.doc ADMINISTRATIVE REPORT The Transient Occupancy Tax Fund (Hotel Tax) has available balance to cover these costs, as revenues for FY 2011 -12 came in higher than estimated. Staff recommends transfer the of $105,000 Transient Occupancy Taxes Fund balance to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund for the demolition and design phases of the replacement amenities for Siemon and Planz Pools. Contingent upon Council approval, staff is prepared to immediately begin the demolition and design processes. 10/16/12 SAChris Huot \Projects \Parks Community Meetings\Admin Planz_Siemon Demo_Design 10.17.12.doc 11�1111Ir��� �' X111 � 1 _ ,� I�Ilfllrr. ADMINISTRATIVE REPORT MEETING DATE November 14, 2012 AGENDA SECTION: Closed Session ITEM: 15. 0., TO: FROM: DATE: SUBJECT VG:Isc Honorable Mayor and City Council Virginia Gennaro, City Attorney August 31, 2011 APPROVED DEPARTMENT HEAD VI!;- CITY ATTORNEY Cr CITY MANAGER s Public Employee Performance Evaluation — City Attorney Closed session pursuant to Government Code section 54957(b) (1) / 54957.6. S: \COUNCIL \CI Sess\ Admins \12- 13 \11- 14- 12EvaI.CA.docx BAKERSFIELD CITY COUNCIL MINUTES 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 Present: Mayor Hall, Vice -Mayor Couch, Councilmembers Salas, Benham, Weir, Hanson, Sullivan, Johnson Absent: None Mayor Hall announced that public statements regarding High Speed Rail and Prevailing Wage will be heard at the time the Agenda items are read by the City Clerk; a public speaker's card must be submitted to the City Clerk by all speakers; and the City Council's time limit policy for public statements will apply to both Agenda items. 2. INVOCATION by Pastor Hayward Cox, Church of God. 3. PLEDGE OF ALLEGIANCE by Joseph Klopfenstein, 31a grade student at Bimat Elementary School. 4. PRESENTATIONS 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 ". Ms. Apple and Ms. Coons accepted the Proclamation, made comments, and submitted written material. ACTION TAKEN Bakersfield, California, October 17, 2012 — Page 2 5. PUBLIC STATEMENTS a. Marvin Dean spoke regarding Consent Calendar Item 8.e.; various Consent Calendar items relating to TRIP amendments and contract change orders involving Nolte Associates, Parsons Transportation Group, and Security Paving Company; and submitted written material. b. Matthew Lagrand spoke regarding running for the Ward 6 City Council seat. C. Tim Palmquist spoke regarding revisions to a proposed Human Life Ordinance and submitted written material. Councilmember Sullivan asked staff to look into Mr. Palmquist's request. ACTION TAKEN At the request of Vice -Mayor Couch, Public Works Director Rojas provided clarification in response to Mr. Dean's comments regarding the various Consent Calendar items relating to the aforementioned TRIP amendments and contract change orders. Motion by Councilmember Salas to hear New Business APPROVED Item 13.a. after Reports. 6. WORKSHOPS None. 7. APPOINTMENTS None. 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. Bakersfield, California, October 17, 2012 - Page 3 8. CONSENT CALENDAR continued Ordinances: 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. 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. f. 2013 Health Care Contracts: 1. Resolution identifying vendors, healthcare plans and setting rates for Citywide Health Insurance Plans for eligible active and retired employees. 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. ACTION TAKEN ORD 4690 RES 111 -12 RES 112 -12 RES 113 -12 RES 114 -12 RES 115 -12 Bakersfield, California, October 17, 2012 — Page 4 8. CONSENT CALENDAR continued Replacement of equipment at Wastewater Treatment Plant No. 2: 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 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. 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. 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. 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. ACTION TAKEN RES 116 -12 RES 117 -12 AGR 12 -127 RES 118 -12 AGR 12 -128 RES 119 -12 8. Bakersfield, California, October 17, 2012 — Page 5 CONSENT CALENDAR continued ACTION TAKEN 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: l . Area 3 -86 (E of SE corner of Panama RES 120 -12 Lane and Old River Road) RES 121 -12 2. Area 5 -64 (9001 So. H Street) 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 ROI 1728 District Blvd) 2. ROI No. 1729 adding Area 2 -52 (5551 ROI 1729 District Blvd) o. Resolution of Intention No. 1723 ordering the ROI 1723 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: P. Agreement with Clifford and Brown for legal AGR 12 -129 services (not to exceed $75,000) in connection with the acquisition of easements required by the conditions of Tentative Parcel Map 11894. q. Agreement with SMG (not to exceed $60,000) AGR 12 -130 for reimbursement of costs associated with renting Rabobank Arena for the Christian Congregation of Jehovah's Witnesses 2013 conventions. Agreement with Housing Authority of Kern AGR 12 -131 County ($208,960) for the Baker Street ABS JOHNSON Commercial Incentive Program Community Development Block Grant Project. 8. Bakersfield, California, October 17, 2012 - Page 6 CONSENT CALENDAR continued ACTION TAKEN S. Agreement with Saleh Hawatmeh ($225,500) to AGR 12 -132 purchase real property at the northwest corner DEED 7556 of Morning Drive and State Route 178 for the Agreement No. 11 -131 - Donald C. & Morning Drive Interchange Project. (TRIP) t. Agreements with the following for on -call AGR 11- 132(1) maintenance services at Wastewater Agreement No. 11-132- Bill C. & Norma Treatment Plants No. 2 and No. 3: 1. Centrisys Corporation ( not to exceed AGR 12 -133 $100,000) AGR 12 -134 2. Advanced Combustion and Process Controls, Inc. (not to exceed $100,000) AGR 11- 134(1) U. Amendment No. 1 to Agreement No. CA 12 -006 AGR 12 -135 with George F. Martin of Borton Petrini, LLP ($40,000; revised not to exceed $100,000), to AGR 11- 135(1) provide outside legal services in matters related Agreement No. 11-135- Christopher D. & to fax and contract issues involving the County of Kern. AGR 11- 136(1) 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. & AGR 11- 130(1) Beverly J. Laughman, 7500 Kimberly Ave. AGR 11- 131(1) 2. Agreement No. 11 -131 - Donald C. & Victoria L. Rambo, 7512 Hooper Ave. AGR 11- 132(1) 3. Agreement No. 11-132- Bill C. & Norma J. Johnson, 8001 Kimberly Ave. AGR 11- 133(1) 4. Agreement No. 11-133-James P. & Kathleen A. Webdell, 7609 Kimberly Ave. AGR 11- 134(1) 5. Agreement No. 11 -134 -Thomas H. & Linda Meek, 7509 Hooper Ave. AGR 11- 135(1) 6. Agreement No. 11-135- Christopher D. & Pamela J. Hillis, 7901 Hooper Ave. AGR 11- 136(1) 7. Agreement No. 11-136- Kelsie R. Gates, 7509 Kimberly Ave. AGR 11- 137(1) 8. Agreement No. 1 1 -137 - Jerry Vern & Lynda L. Karr, 7504 Kimberly Ave. AGR 11- 138(1) 9. Agreement No. 11-138- Roger D. & Linda K. Reed, 7703 Kimberly Ave. AGR 11- 139(1) 10. Agreement No. 11 -139 - Lawrence M. & Lorraine Okumoto, 7805 Kimberly Ave. 8. Bakersfield, California, October 17, 2012 — Page 7 CONSENT CALENDAR continued 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. 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. Amendment No. 1 to Agreement No. 1 1 -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. 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) 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) ACTION TAKEN AGR 10- 155(2) AGR 10- 075(3) AGR 09- 171(3) AGR 11- 166(1) AGR 09- 058(3) AGR 05- 181(2) AGR 11 A 00(1) 14 Bakersfield, California, October 17, 2012 - Page 8 CONSENT CALENDAR continued ACTION TAKEN dd. Contract Change Order Nos. 10 and 65 to AGR 09 -076 Agreement No. 09 -076 with Security Paving CCO10, CC065 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) ee. Contract Change Order No. 5 to Agreement AGR 10 -168 No. 10 -168 with Security Paving Company, Inc. CC05 ($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: 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. hh. Accept bid with Alinc Technologies, LLC ($47,876.40), for three SQL server replacements for the Information Technology Division. ii. Traffic Signal and Lighting System Installation at Panama Lane and Reliance Drive: 1. Accept bid and approve contract with AGR 12 -136 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: Demolition of Structures at 4301 Chester Avenue: l . 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. Bakersfield, California, October 17, 2012 - Page 9 8. CONSENT CALENDAR cont. Item 8.jj. continued 2. Appropriation of $100,000 Agricultural Water Fund Balance to the Water Resources Department Capital Improvement budget to perform the project. 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. Councilmember Johnson announced he would abstain due to conflict of interest, source of income, on item 8.r. ACTION TAKEN Motion by Vice -Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.pp. 9. CONSENT CALENDAR PUBLIC HEARINGS None. Bakersfield, California, October 17, 2012 — Page 10 10. HEARINGS ACTION TAKEN None. 11. REPORTS None. 13. NEW BUSINESS a. Resolution exempting the City from prevailing RES 122 -12 wage requirements for locally funded public works contracts, except where required by law. City Clerk Gafford announced that the City Clerk's Office maintained a log of phone calls today; and 69 calls were received in opposition to the staff recommendation and zero calls were received in support. Councilmember Johnson announced he would abstain, due to a potential conflict of interest, on this item (he left the Chamber at this time). City Attorney Gennaro made staff comments and recommended adoption of the Resolution. City Manager Tandy made staff comments. The following individuals spoke in opposition to the staff recommendation: Marvin Dean suggested referring this item to a committee (submitted written material); James Chilko, Executive Director of the National Electrical Contractors Association, and the Air Conditioning Sheet Metal Association; Joe Colombo, with Colombo Construction; Greg McClelland, with the Western Steel Council; Danny Kane; John Tamborrino; Jim Conway, with the Statewide Construction Labor Management Coalition; David Kersh, on behalf of the Carpenters Contractors Cooperation Committee; John Spaulding, Executive Secretary of the Kern, Inyo and Mono Counties Building Trades Council; Bob Milewsky, a member of Carpenters Local 1506; Tom Gutierrez, representing the International Associations of Insulators and Asbestos Workers; Ed Padilla, Business Manager for the Laborers' Union Local 220; Ron James, with Operating Engineers Local 12; Michael C. Rock, Manager of the local Plumbers and Steamfitters; Gene Clark, an asbestos worker in Local 5; and Duane W. Moore, a member of the IBW Local 428. Bakersfield, California, October 17, 2012 — Page 11 13. NEW BUSINESS Item 13.a. continued The following individuals spoke in support of the staff recommendation: Ed Ott, President of the Braun Group, and a member of the Association of Builders and Contractors; Terry Smith, works for a local merit shop contractor and a board member of the Associated Builders and Contractors; Tami Chapman, on behalf of Johasee Rebar and as a member of Associated Builders and Contractors Central California Chapter; Laura Barnes, President of the Central California Chapter of Associated Builders and Contractors; Kim Hayes, Human Resource Manager with Johasee Rebar; John Powell, with Sturgeon Services International and owner /chair of ABC Services; Kevin O'Neill, works for a local open shop contractor; Cameron Parsons, works for a local merit shop contractor; Richard Anchondo, with ESI; James "Ernie" Ernest, HS&E Manager for a local non- union contractor; Kelly Lessley, representing TempServe; Tracy O'Malley -Nail, representing Asbestos Service Incorporated and American Specialty Insulation; Conni Brunni asked that she be provided at a later date with information regarding when this proposal was proposed and referred to staff, and what Councilmembers were present at that time; Jennifer Pitcher, community liaison for Kern Citizens for Sustainable Government; and Paul Sturgeon. Councilmember Weir asked staff to Investigate lowering the level of the prerequisite on bids to $250,000 and come back to the Council with their findings. Councilmember Weir made a motion to approve staff's recommendation. Councilmember Salas stated that If for some reason this matter Is not voted on tonight, he would like staff to look at what the drop in local property and sales taxes would have been for the City of Bakersfield. ACTION TAKEN 13. 12. Bakersfield, California, October 17, 2012 — Page 12 NEW BUSINESS ACTION TAKEN Item 13.a. continued Vice -Mayor Couch asked Councllmember Weir to Include the $250,000 prerequisite In his motion, and he agreed to do so. Vice -Mayor Couch asked staff to Investigate what can be done to ensure that contractors pay their employees for the actual hours worked. APPROVED Motion by Councilmember Weir to adopt the NOES SALAS, Resolution. BENHAM ABS JOHNSON Mayor Hall recessed the meeting at 7:53 p.m. and reconvened the meeting at 8:03 p.m. Councilmember Johnson returned to the Chamber at this time. 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. City Clerk Gafford announced that two phone calls were received in support of the staff recommendation, and two correspondence items were received from Carol Bender in support of staff's recommendation. Planning Director Eggert made staff comments and provided a PowerPoint presentation. City Manager Tandy made staff comments, and noted that the new director of the High Speed Rail has indicated he would respond to the City's concerns. The following individuals spoke in opposition to the staff recommendation: David Cross (submitted written material); Cathy Butler, President of the Downtown Business Association (submitted written material); and Marvin Dean, representing the Kern Supporters for High Speed Rail (submitted written material). 12. 13. 14. Bakersfield, California, October 17, 2012 - Page 13 DEFERRED BUSINESS continued ACTION TAKEN Item 12.a. continued The following individuals spoke in support of the staff recommendation: Delia Dominguez; Bill Descary; Jeff Taylor, Co- Founder and Chair of Save Bakersfield Committee; and Carol Bender. Councllmember Weir made a motion directing the City Attorney to retain outside counsel for potential litigation against the High Speed Rail and to Initiate litigation if and when needed to protect the City's interest. Councilmember Johnson requested that if the City submits comments to the High Speed Rail Authority, It needs to include comments that if they are going to offer mitigation to one city, that the City of Bakersfield receive similar compensation. Motion by Councilmember Weir to accept the APPROVED report and direct the City Attorney to retain outside counsel for potential litigation against the High Speed Rail and to initiate litigation if and when needed to protect the City's Interest. NEW BUSINESS a. Resolution exempting the City from prevailing MOVED FORWARD wage requirements for locally funded public ON AGENDA works contracts, except where required by law. (See Page 10) Staff recommends adoption of resolution. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b) (3) (A) of Government Code Section 54956.9 (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). Motion by Vice -Mayor Couch to adjourn to Closed APPROVED Session at 8:50 P.M. Motion by Councllmember Weir to adjourn from APPROVED Closed Session at 9:50 P.M. Bakersfield, California, October 17, 2012 - Page 14 RECONVENED MEETING AT 9:52 p.m. ACTION TAKEN 15. CLOSED SESSION ACTION CITY ATTORNEY a. Conference with Legal Counsel - Potential GIVEN DIRECTION Litigation; Closed Session pursuant to subdivision (b) (3) (A) of Government Code Section 54956.9 (one matter). b. Conference with Legal Counsel - Initiation of CITY ATTORNEY Litigation; Closed Session pursuant to subdivision GIVEN DIRECTION (c) of Government Code Section 54956.9 (four potential cases). 16. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Couch requested that the meeting be adjourned in memory of Al Wagner. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 9:53 p.m., in memory of Al Wagner. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield