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HomeMy WebLinkAbout12/11/12_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF DECEMBER 11, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. I . ROLL CALL (current Council seated) 2. INSTALLATION CEREMONY (see program) a. Resolution No. 133 -12 declaring the results of the General Municipal Election for election of Councilmember for Wards 2, 5 and 6 and the Special Municipal Election for the election of Councilmember for Ward 4, held in the City of Bakersfield on November 6, 2012. Staff recommends adoption of resolution. b. Administration of Oath of Office. (new Council seated) RECESS TO RECEPTION RECONVENED MEETING 3. ROLL CALL 4. PUBLIC STATEMENTS 5. WORKSHOPS 6. APPOINTMENTS a. One appointment to the Fire Civil Service Board, due to the expiration of term of Mike George, whose term expires December 31, 2012. Staff recommends Council determination. b. One appointment to the Miscellaneous Civil Service Board, due to the expiration of term of Daniel Wiliams, whose term expires December 31, 2012. Staff recommends Council determination. C. One appointment to the Police Civil Service Board, due to the expiration of term of Steven Anderson, whose term expires December 31, 2012. Staff recommends Council determination. d. One appointment to the Golden Empire Transit District Board, due to the expiration of term of Howard Silver, whose term expires January 6, 2013. Staff recommends Council determination. 6. APPOINTMENTS continued e. Six appointments to the Keep Bakersfield Beautiful Committee, due to the expiration of terms of Regular Members Stephen Montgomery (Ward 2), David Taylor (Ward 5) and Robert Lerude (Ward 6); and Alternate Members Amber Beeson (Ward 2), Patrick Frase (Ward 5) and Sophia Ramirez (Ward 6), whose terms expire November, 2012. Staff recommends Council determination. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 28, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from November 14, 2012 to November 29, 2012 in the amount of $15,282,067.39 and self- insurance payments from November 14, 2012 to November 29, 2012 in the amount of $339,122.21 totaling $15,621,189.60. Ordinances: (Ward 4) C. Adoption of Ordinance approving a 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) on approximately 10.26 acres, located at 12714 Allen Road, northeast corner of Allen Road and Stockdale Highway. (ZC # 12 -0244, McIntosh & Associates, representing Amber Investments, LLC, property owner). (FR 11/14/12) Resolutions: d. Resolution adopting the Investment Policy of the City. 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 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. (Ward 6) f. Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No. 636 consisting of four developed parcels, located along the north side of Taff Highway, west of Stine Road. g. Resolution making findings and determination regarding commitment of unexpended Metropolitan Bakersfield Transportation Impact Fees. (Ward 2) h. Emergency Resolution for replacement of Boiler at Rabobank Arena Theater and Convention Center: Resolution dispensing with normal bidding procedures due to need for emergency replacement of boiler serving large commercial dishwasher, not to exceed $54,000. 2. Appropriate $54,000 Facility Reserve Funds to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. 2 City Council Meeting of 12/11/2012 CONSENT CALENDAR continued Homeland Security Grants on behalf of the Kern Operational Area: 1. Resolution determining that the City Manager, or his designee, is appointed as authorized agent to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub - granted through the State of California to the County of Kern and through the County of Kern to the City. 2. Memorandum of Understanding with the County of Kern - Homeland Security Grant funding Agreement for acquisition of specialized equipment. 3. Appropriate $125,000 FY2012 Homeland Security Grant Funds to the Capital Outlay Fund Capital Improvement Budget, Consolidated Annual Maintenance of IBM Servers and Storage Area Network: 1. Resolution determining that Consolidated IBM maintenance cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $49,156. 2. Agreement with Computer Configuration Services (not to exceed $49,156) to Consolidate IBM maintenance. Agreements: (Ward 1,2,6) k. Agreement with Kern High School District (not to exceed $75,000 paid to the City) for use of aquatic facilities for practice and swim meets. I. Emergency Solutions Grant (ESG) Rapid Re- Housing Program Services: 1. Agreement with Bethany Services /Bakersfield Homeless Center, a California Non - Profit Public Benefit Corporation ($158,345) to provide services. 2. Appropriate $72,942 ESG funds to Community Development Operating budget within the Community Development Block Grant (CDBG) Fund. (Ward 4) M. Reimbursement Agreement with Southern California Gas Company ($55,000) for the installation of a 12 -inch casing for a gas distribution line within the Renfro Road Bridge as part of the Westside Parkway Phase 6C Project. (TRIP) (Ward 1-6) n. Agreement with Southern California Gas Company (SCG) authorizing SCG to install data collection units on street light poles for the Advanced Meter Program. (Ward 3) o. Agreement with K Hovnanian at Bakersfield 463 LLC, ($110,000) to purchase real property located near southwest corner of State Route 178 and Bedford Green Drive for the Morning Drive Interchange Project. (TRIP) (Ward 1) P. Amendment No. 3 to Agreement No., 09-162 with Bakersfield Homeless Center ($1 69,744 and extend term for one year) for sorting of green waste material at the Mt. Vernon Green Waste Facility. (Ward 6) q. Amendment No. 1 to Agreement No. 11 -162 with Polydyne, Inc. ($120,000; revised not to exceed $581,904 and extend term for four months), for dewatering polymer at Wastewater Treatment Plant No. 3. 3 City Council Meeting of 12/11/2012 7. CONSENT CALENDAR continued (Ward 6) r, Amendment No. 2 to Agreement No. 10 -176 with Polydyne, Inc. (extends term one year), for the supply of DAF polymers. (Ward 6) S. Contract Change Order No. 8 to Agreement No. 12 -069 with S. C. Anderson Inc. ($11,539; revised not to exceed $3,612,908.66), for the State Farm Sports Village Phase 2 Project. (Ward 2,4,5) t. Westside Parkway Phase 2 Project: (TRIP) 1. Contract Change Order No. 64 to Agreement No. 09 -076 with Security Paving Company, Inc. ($777,999,70; revised not to exceed $89,225,456.05; change order funded with traffic impact fees), for the construction of the Project. 2. Appropriate $700,000 Transportation Development Fund Balance to the Public Works Capital Improvement budget within the TDF TRIP local match fund. Bids: (Ward 2) U. Reject all bids for a Microwave Radio System. V. Accept bid with H. W. Hunter, Inc. ($47,674.40), for two replacement two wheel drive crew cab pickup trucks for the Fire Department. W. Accept bid with Jim Burke Ford ($222,335.78) for twelve replacement two wheel drive pickup trucks for the Recreation and Parks Department and Public Works, Wastewater and Engineering Divisions. (Ward 2) X. Accept bid with Hussey Seating Company ($239,461.63) for 2,300 chairs and 46 storage racks for the Rabobank Arena, Theater and Convention Center. (Ward 4) Y. Westside Parkway Phase 6C Project: (TRIP) 1. Accept lower bid and award contract to the responsible low bidder (apparent low bidder currently Security Paving, $29,982,222.42) for construction of the Project. 2. Appropriate $4,400,000 Fund balance within the Transportation Development TRIP Local Match Fund and $379,025 Fund balance within the Capital Outlay Utility Surcharge Roads Fund for the Westside Parkway Phase 6C Project. Miscellaneous: (Ward 3) Z. Appropriate $100,000 Transportation Development fund balance to the Public Works Department's Capital Improvement budget for preliminary design engineering services for the Mohawk Street Improvements Project from Rosedale Highway to Siena Lane. aa. Fiscal Year 2011 -2012 Annual Compliance Report for park impact fees prepared in accordance with Government Code §66006. (Ward 1,3,4,5,7) bb. Fiscal Year 2011 -2012 Annual Compliance Report for planned drainage area fees prepared in accordance with Government Code §66006. CC. Fiscal Year 2011 -2012 Annual Compliance Report for planned sewer area fees prepared in accordance with Government Code §66006. 4 City Council Meeting of 12/11/2012 CONSENT CALENDAR continued (Ward 3,6) dd. Fiscal Year 2011 -2012 Annual Compliance Report for bridge crossings and major thoroughfare fees prepared in accordance with Government Code §66006. ee. Fiscal Year 2011 -2012 Annual Compliance Report for transportation impact fees prepared in accordance with Government Code §66006, ff. Request to reclassify Service Maintenance Worker Position to Canal Tender II Position in Water Resources Department, gg. Transfer $15,000 from the Capital Outlay Fund and $155,000 from the Equipment Management Fund to the Police Department General Fund Operating budget, to cover the cost of the Animal Control Shelter Agreement with Kern County Animal Services. Successor Agency Business: hh. Receive and file successor agency payments from November 14, 2012 to November 29, 2012 in the amount of $62,835,61. Staff recommends adoption of Consent Calendar items 8.a, through 8.hh. 8. CONSENT CALENDAR PUBLIC HEARINGS 9. HEARINGS (word 7) a. Public hearing to consider the Resolution to use a portion of City property as a Public Street Right -of -Way for Hosking Avenue at the northeast corner of Hosking Avenue and Stine Road. Staff recommends adoption of Resolution, 10. REPORTS 11. DEFERRED BUSINESS 12. NEW BUSINESS a. Election of Vice - Mayor. To be determined by Council, 13. COUNCIL AND MAYOR STATEMENTS 14. CLOSED SESSION 15. CLOSED SESSION ACTION 16. ADJOURNMENT 12/6/12 10:30am Respectfully submitted, Alan Tandy City Manager 5 City Council Meeting of 12/11/2012 AGENDA HIGHLIGHTS December 11, 2012 COUNCIL MEETING 3 - TA ► 11 Mayor Hall will present "Keys to the City" to outgoing Councilmembers Benham (Ward 2) and Couch (Ward 4) The results of the November 6, 2012 General Municipal Election will be certified: 1) Declaring Terry Maxwell (Ward 2), Harold Hanson (Ward 5), and Jacquie Sullivan (Ward 6) elected to the Office of Councilmember, for a full four -year term; and 2) Declaring Bob Smith (Ward 4) elected to the Office Councilmember to fill the unexpired term of David Couch for a two -year term. Following the presentations and the Certification of Election Results, the Oath of Office will be administered. A brief reception will follow in the lobby of the Council Chambers, before the Regular Meeting Is reconvened. APPOINTMENTS There will be one appointment to each of the following: Fire Civil Service Board, Police Civil Service Board, and the Golden Empire Transit District Board. There will be six appointments to the Keep Bakersfield Beautiful Committee. CONSENT CALENDAR Resolutions Item 7f. Resolution to aonrove annexation application for uninhabited territory into Ward 6. Annexation #636, Taft. No. 1 includes four developed parcels on the north side of Taft Highway, west of Stine Road. This is a City- initiated annexation to remove a County island being created by an adjacent annexation, #556, that was approved by LAFCo in March, 2012. Approval was subject to a condition that the City submit a proposal to annex the island area prior to the certificate of completion. Two of the three property owners within Annexation #636 have not responded as to their support or opposition of the annexation. Staff has held meetings with the third property owner, Daybreak Baptist Church, to discuss the annexation; as of yet, the church has not given their consent. Staff will continue to work with them; however, it is necessary to submit this application so that Annexation #556 can be finalized. Bids Item 7y. Construction of the Westside Parkway, Phase 6C Projeat(JlM. Construction of this segment of roadway will complete the western end of the Westside Parkway between Allen Road and the Stockdale Highway /Heath Road intersection. It will include completion of all ramp tie -ins to the Allen Road interchange, which is currently under construction and a bridge for Renfro Road to cross over the new freeway. Staff recommends award of the construction contract to the lower bidder, Security Paving Company, in the amount of $29,982,222.42. The majority of funding for Phase 6C, $26,000,000, is from State Transportation Improvement Program funds allocated by the California Transportation Commission earlier this year. This item also requests the appropriation of $4,400,000 from the Transportation Development TRIP Local Match Fund and $379,025 Fund Balance from the Capital Outlay Utility Surcharge Roads Fund as additional funding for the project. Miscellaneous Items 7aa. through 7ee. Annual Compliance Reports for FY 2011. Five compliance reports are presented for review by the City Council and the public, including: Park Impact Fees, Planned Drainage Area Fees, Planned Sewer Area Fees, Bridge Crossings and Major Thoroughfare Fees, and Transportation Impact Fees. Item 12a. Election of Vice - Mayor. The City Council will elect one of its members as Vice - Mayor. At the next regular Council meeting on January 9, 2013, the Vice -Mayor will submit the appointments to all Council Committees and Special Boards. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - December 11, 2012 Council Meeting Page 2 MEETING DATE: December 11, 2012 AGENDA SECTION: Installation ITEM: .2. 0. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: November 27, 2012 APPROVED DEPARTMENT HEAD 1,oAT r CITY ATTORNEY %/C o. CITY MANAGER /CS SUBJECT: Resolution No. 133 -12 declaring the results of the General Municipal Election for the election of Councilmember for Wards 2, 5, and 6 and the Special Municipal Election for the election of Councilmember for Ward 4, held in the City of Bakersfield on November 6, 2012. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: This resolution is required to accept the City Clerk's Certification of the Canvass of Results of the General Municipal Election held November 6, 2012 as certified by the Kern County Clerk, declaring the following persons elected to the Office of Councilmember for a full four -year term, commencing December 11, 2012 and expiring in December 2016. Ward 2: Terry L. Maxwell Ward 5: Harold Hanson Ward 6: Jacquie Sullivan The following person was elected to the Office of Councilmember, Ward 4, to fill the unexpired term of David Couch, commencing December 11, 2012 and expiring when a successor is elected, qualified and has received the Oath of Office in December 2014. Ward 4: Bob Smith rs November 27, 2012, 2:01 PM S:1ElectionWDMIN RPTS12012Wdmin Declaring Results Council 2,4, 5, 6.dot MEETING DATE: December 11, 2012 AGENDA SECTION: Appointments ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 3, 2012 APP DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER — & One appointment to the Fire Civil Service Board, due to the expiration of term of Mike George, whose term expires December 31, 2012. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one vacancy on the Fire Civil Service Board due to the expiration of term of Mike George, whose term expires December 31, 2012. The news release for this recruitment was posted October 12, 2012. Two applications were received: • Mike George • Ronald Wolfe The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3) members, appointed by the full Council. Members must be residents of the City throughout their three -year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Fire Department. All applicants have been encouraged to contact each councilmember regarding their interest and qualifications. Meetings are held the second Monday of each month at 3:00 p.m., at the Fire Administration Office, 2101 H Street, Bakersfield. V:1 Bds&Comm1FIRE\2012Wdministrative Report 12.11.12.docx 29- Nov -12 1:34 PM RG:al MEETING DATE: December 11, 2012 AGENDA SECTION: Appointments ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 3, 2012 APPROVED DEPARTMENT HEAD J,, A-T' CITY ATTORNEY J l ' CITY MANAGER One appointment to the Miscellaneous Civil Service Board, due to the expiration of term of Daniel Williams, whose term expires December 31, 2012. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There will be one appointment to the Miscellaneous Civil Service Board due to the expiration of term of Daniel Williams, whose term expires December 31, 2012. Two applications were received: • Daniel Williams • Ronald Wolfe The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of five (5) members, appointed by the full Council. Members must be residents of the City throughout their three -year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of employees affected by Civil Service. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of each month at 2:00 p.m. at City Hall North, 1600 Truxtun Avenue, Bakersfield. V:\Bds &Comm \MISCCS12012Wdminlstradve Report 12.11.12.docx 29- Nov -12 4:39 PM RO:al y.j ADMINISTRATIVE REPORT MEETING DATE: December 11, 2012 AGENDA SECTION: Appointments ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 3, 2012 APPROVED DEPARTMENT HEAD ' CITY ATTORNEY y CITY MANAGER One appointment to the Police Civil Service Board, due to the expiration of term of Steven Anderson, whose term expires December 31, 2012. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one vacancy on the Police Civil Service Board due to the expiration of term of Steven Anderson, whose term expires December 31, 2012. The news release for this recruitment was posted October 12, 2012. Three applications have been received: • Steven Anderson • Anthony Noce • Ronald Wolfe The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3) members appointed by the full Council. Members must be residents of the City throughout their three -year term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of members of the Police Department. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the first Wednesday of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53,1601 Truxtun Avenue, Bakersfield. V:\ 3ds &Comm\POLICE\2012WdminlstreUve Report 12.11.12.docx 3- Doo-12 2:11 PM RG:eI MEETING DATE: December 11, 2012 AGENDA SECTION: Appointments ITEM: (o . d . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk December 3, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER One appointment to the Golden Empire Transit District Board due to the expiration of term of Howard Silver, whose term expires January 6, 2013. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There will be one appointment to the Golden Empire Transit District Board due to the expiration of term of Howard Silver, whose term expires January 6, 2013. The news release for this recruitment was posted on October 12, 2012. Three applications were received: • Howard Silver • Brandy Midkiff • Ronald Wolfe The Golden Empire Transit District Board supervises and regulates transit facilities owned, operated or controlled by the district, including establishment of rates, rentals, charges and classifications, enforcement of regulations, contracts, practices and schedules. City representatives are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their 4 -year term. Meetings are held the first and third Tuesdays of each month at 5:30 p.m. in the District Board Room at 1830 Golden State Avenue. November 29, 2012, 4:22PM RG:al V : \Bds&Comm \GETD \2012 \Administrative Report 12.11.12.docx MEETING DATE: December 11, 2012 AGENDA SECTION: Appointments ITEM: , e TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: December 3, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY V& CITY MANAGER & SUBJECT: Six appointments to the Keep Bakersfield Beautiful Committee, due to the expiration of terms of Regular Members Stephen Montgomery (Ward 2), David Taylor (Ward 5) and Robert Lerude (Ward 6); and Alternate Members Amber Beeson (Ward 2), Patrick Frase (Ward 5) and Sophia Ramirez (Ward 6), whose terms expire November, 2012. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There are six vacancies on the Keep Bakersfield Beautiful Committee (KBBC) due to the expiration of terms of Regular Members Stephen Montgomery (Ward 2), David Taylor (Ward 5) and Robert Lerude (Ward 6); and Alternate Members Amber Beeson (Ward 2), Patrick Frase (Ward 5) and Sophia Ramirez (Ward 6), whose terms expire November, 2012. Applications for appointment were received from the following: Ward 2 - Regular Member Ward 2 - Alternate • Stephen Montgomery a Norma Jackson • Norma Jackson a Jared Schwab • Jared Schwab Ward 5 - Regular Member Ward 5 - Alternate • David Taylor a Patrick Frase • Anne Holdren a Anne Holdren • Jared Schwab a Jared Schwab • Jeremy Tobias Ward 6 - Regular Member Ward 6 - Alternate e Robert Lerude a Sophia Ramirez e Jared Schwab a Jared Schwab November 30, 2012, 11:26AM V:\ Bds &Comm\KBBC12012Wdminlstrative Report 12.11.12.docx Page 1 RG:al ADMINISTRATIVE REPORT The Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The Committee is comprised of eight (8) Mayor /Council- appointed members, who take on the responsibility of decision making for the beautification program. On July 30, 2009, the City Council adopted Ordinance 4520 which allows each Councilmember and the Mayor to appoint one Alternate member to the KBBC. Each Alternate is allowed to vote in the place of their corresponding appointed Regular Committee members when absent. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the Mission Statement of the KBBC, as reflected in its Bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC Mission Statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council, and shall provide the Council, upon request, written reports on the activities of the KBBC. The news release for this recruitment was posted on October 12, 2012. November 30, 2012, 11:26AM V:1 Bds &Comm\KBBC12012Wdministradve Report 12.11.12.doex Page 2 RG:a1 MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 01. Q TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk November 30, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Approval of Minutes of the November 28, 2012 Regular City Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: November 29, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file department payments from November 14, 2012 to November 29, 2012 in the amount of $15,282,067.39, Self Insurance payments from November 14, 2012 to November 29, 2012 in the amount of $339,122.21, totaling $15,621,189.60 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: November 30, 2012, 9:48AM SAKim GWDMIN \COUNCIL- ADMIN- AP- 2013WDMIN -AP 121112.doc MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 1. C. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEA65� DATE: December 3, 2012 CITY ATTORNEY A-* CITY MANAGER_ - SUBJECT: Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Bakersfield Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to C -2 /PCD (Regional Commercial /Planned Commercial Development) on approximately 10.26 acres, located at 12714 Allen Road, northeast corner of Allen Road and Stockdale Hwy. (ZC #12-0244, McIntosh & Associates, representing Amber Investments, LLC, the property owner). (Ward 4) RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: First reading of the ordinance was given on November 14, 2012. 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. 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. ADMINISTRATIVE REPORT Page 2 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 \AdminSR \CC 2nd read Flnal.docx MEETING DATE: December 1� 2012 AGENDA SECTION: Consent Calendar ITEM: I. d TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD DATE: November 9, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution Adopting the Investment Policy of the City. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution places the City in conformance with Section 53646 of the California Government Code that requires staff to annually render to the legislative body a statement of investment policy which the legislative body shall consider at a public meeting. There have been no changes to the California Government Code regarding municipal investment guidelines in the last twelve months. November 15, 2010 P:UNVESTMENT POLICY /ADMIN MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM 'I. C. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD; DATE: November 14, 2012 CITY -:Pf'6 CITY MANAGER—.JL 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 November 13, 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 1. 3519 Balboa Drive 025 - 072 -10 $ 105.00 2. 4341 Balboa Drive 171- 183 -05 $ 800.00 3. 901 Bradshaw Street 170- 090 -14 $ 1,044.00 4. 904 Bradshaw Street 170- 141 -01 $ 789.00 5. 1201 S. Chester Avenue 011- 382 -19 $ 300.00 6. 4408 Chadbourn Street 171- 143 -16 $ 300.00 7. 231 Clyde Street 018- 380-19 $ 300.00 November 27, 2012, 11:36AM/kd SADanaWDM1NS\2012\DEC\12 -11- Property Abatement.doex ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 8. 304 Clyde Street 018- 360-35 $ 300.00 9. 348 Clyde Street 018- 360-25 $ 300.00 10. 916 Dr. Martin Luther King Jr. Blvd. 018 - 061 -13 $ 1,219.00 11. 3610 Hale Street 172- 052 -09 $ 719.00 12. 236 S. Haley Street 019- 191 -01 $ 1,663.00 13. 423 S. Haley Street 019- 072 -13 $ 105.00 14. 242 Hayes Street 018- 310 -02 $ 300.00 15. 324 S. King Street 139 - 302 -16 $ 1,055.00 16. 118 Leeta Street 143- 271 -05 $ 300.00 17. 132 Milham Drive 139- 421 -06 $ 699.00 18. 31 Northrup Street 018- 330 -29 $ 780.00 19. 219 Northrup Street 018- 310 -15 $ 975.00 20. 1024 Planz Road 170- 170-03 $ 1,525.00 21. 1303 Potomac Avenue 018- 091 -36 $ 675.00 22. 1309 Potomac Avenue 018- 091 -37 $ 675.00 23. 1 101 Rolston Street 018- 111 -22 $ 105.00 24. 1217 Ralston Street 018-111-10 $ 300.00 25. 6606 Rutland Way 518 - 141 -04 $ 735.00 26. 3600 Shellmacher Avenue 172- 133-17 $ 105.00 27. 629 S. Tulare Street 139- 222 -07 $ 300.00 28. 1421 Wilkins Street 018- 432 -04 $ 770.00 29. 108 E. 8th Street 139- 191 -12 $ 669.00 30. 1210 E. 9th Street 018- 072 -16 $ 105.00 31. 1300 E. 9th Street 018- 061 -28 $ 300.00 32. 1421 E. 9th Street 018- 062 -38 $ 300.00 7 33. 1714 Alta Vista Drive 012- 220-06 $ 675.00 34. 600 Arbuckle Court 331- 201 -12 $ 774.00 35. 1328 E. California Avenue 017- 360 -06 $ 300.00 36. 2601 California Avenue 007 - 021 -13 $ 105.00 37. 140 Cedar Street 008 - 230-05 $ 800.00 38. 716 H Street 009- 251 -08 $ 1,515.00 39. 232 Jefferson Street 012 - 310 -12 $ 105.00 40. 3813 K Street 120- 060 -09 $ 105.00 41. 431 Monterey Street 014- 160 -07 $ 1,219.00 42. 607 Monterey Street 014- 140 -03 $ 105.00 43. 325 Quincy Street 012- 180 -04 $ 650.00 44. 1101 Robinson Street 015- 330-24 $ 105.00 45. 3025 San Dimas Street 002 - 081 -25 $ 1,255.00 46. 2207 Verde Street 008 -283 -11 $ 300.00 November 27, 2012, 11:36AM/kd SADanaWDMINS\2012\DECU2 -11- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Word 2 47. 208 17th Street 006 - 123 -24 $ 1,409.00 48. 905 E. 18th Street 017- 270-02 $ 709.00 49. 506 28th Street 002 - 092 -09 $ 1,335.00 50. 1319 Columbus Street 126- 032 -10 $ 1,389.00 51. 4117 Coronado Avenue 146 -072 -05 $ 300.00 52. 2508 Crest Drive 382 - 031 -08 $ 300.00 53. 3109 Heisey Street 146- 282 -12 $ 735.00 54. 6503 Lavender Gate Way 525 - 033-25 $ 825.00 55. 3012 Nelson Street 021 - 051 -09 $ 895.00 56. 14211 Raphael Avenue 386 - 502 -10 $ 300.00 57. 5715 Rockwell Drive 365- 191 -01 $ .739.00 58. 5707 Steelhead Drive 437 - 063-01 $ 300.00 59. 5614 Thorner Street 437 - 063 -12 $ 725.00 60. 11701 Montague Avenue 528 - 162 -01 $ 744.00 61. 810 Rockvale Drive 500- 272 -06 $ 300.00 62. 12405 Verdelho Avenue 528 - 122 -24 $ 734.00 63. 3626 Boswellia Drive 513 - 222 -21 $ 780.00 64. 5704 Scarpa Street 535 - 142 -20 $ 105.00 65. 4608 Tilyard Court 392 - 161 -25 $ 300.00 66. 4900 Evanston Court 384 - 040 -56 $ 300.00 67. 6601 Hazelnut Court 498 - 142 -19 $ 879.00 68. 5104 Silver Clover Avenue 532- 135 -24 $ 732.00 69. 1000 Valhalla Drive 164- 222 -01 $ 300.00 1• • 70. 3714 Begonia Court 371 - 501 -37 $ 830.00 71. 2516 Earlene Avenue 372- 091 -14 $ 720.00 72. 4208 Jaspar Avenue 371 - 231 -07 $ 1,150.00 November 27, 2012, 11:36AM/kd S:\Dana\ADMINS\2012\DEC \12 -11- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 7 73. 1909 Oscar Avenue 74. 2625 Pacheco Road 75. 3913 Redford Court 76. 4111 Serene Oak Drive 77. 4213 Sierra Redwood Drive 78. 3605 Slate Court APN COST 023 - 211 -08 $ 300.00 372 - 051 -07 $ 300.00 371- 372 -03 $ 750.00 515 - 572 -03 $ 725.00 515- 211 -21 $ 739.00 371 - 301 -13 $ 744.00 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 abovementioned 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. November 27, 2012, 11:36AM/kd SADanaWDM1NS\2012\DEC\12 -11-Property Abatement.docx MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: -7. F. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD t/ DATE: November 16, 2012 CITY ATTORNEY CITY MANAGER_ SUBJECT: Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No. 636 located along the north side of Taft Highway, west of Stine Road. (Ward 6) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution proposes an application to be submitted to the Kern County Local Formation Commission (LAFCo) for the annexation of uninhabited territory into the City of Bakersfield. Annexation No. 636, Taft No. 1 consists of four developed parcels located along the north side of Taft Highway, west of Stine Road. The territory is adjacent to the City limits and is within the City's Sphere of Influence boundary. This is a city- initiated annexation for the purpose of removing a county island being created by an adjacent annexation (Annexation No. 556). The LAFCo Board approved Annexation No. 556 on March 28, 2012 subject to a condition that the city submit a proposal to annex the island area prior to the issuance of the certificate of completion. Once this proposal is submitted, the LAFCo Executive Officer will issue a Certificate of Completion finalizing Annexation No. 556. City staff has made efforts to contact the property owners (Kern Delta Water District, Alejandro & Dolores Morales and Daybreak Baptist Church) within Annexation No. 636. Kern Delta Water District and Alejandro & Dolores Morales have not responded for or against the annexation. Representatives of the Daybreak Baptist Church have met with staff on several occasions to discuss what changes would occur if annexed. Although the church has not yet given consent to annex, Staff is continuing to work with the representatives on their issues regarding annexation. However, by submitting this application, the adjacent annexation (already approved by LAFCo) can be finaled. The exchange of property tax revenues for this annexation should be covered under the master tax split agreement (Memorandum of Understanding 05 -015) between the City of Bakersfield and County of Kern. JE:MO:dI \S: \Annexation \Res of Applic \Admin 636 12 -1 l.doc MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM:..' TO: Honorable Mayor and City Council FROM: DATE: SUBJECT: Raul M. Rojas, Public Works Director November 27, 2012 DEPARTMENT HEAD CITY ATTORNEY y CITY MANAGER & Resolution making findings and determination regarding commitment of unexpended Metropolitan Bakersfield Transportation Impact Fees. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Chapter 15.84 of the Bakersfield Municipal Code implemented a Transportation Impact Fee Program for new development in order for new development to bear a proportionate share of the cost of the new or expanded transportation facilities required by such development. Funds collected from transportation impact fees shall be used for the purpose of capital improvements to transportation facilities associated with the "Regional Transportation Facilities List ". Such improvements shall be of the type as are made necessary by the new development. No funds shall be used for periodic or routine maintenance. Funds shall be used exclusively for capital improvements within the City or for projects outside the City, but within the Bakersfield Metropolitan 2010 Plan area which are a direct benefit to the City. Chapter 15.84(080) B states that any funds not expended or encumbered by the end of the calendar quarter immediately following five years from the date the transportation impact fee was paid shall be refunded to the then current owner or owners of lots or units of the development project or projects on the prorated basis, pursuant to the provisions of State Government Code Section 66001. State Government Code Section 66001(d) requires the Council to make periodic findings and determination of any remaining funds unexpended or uncommitted after they have been held for five or more years after deposit of fees. The State Government Code requires local agencies "for the 5th fiscal year following the first deposit into an account or fund, and every 5 years thereafter, to include specified information in findings relating to the funding of a project." The last annual determination was approved by the City Council on October 10, 2007. Future determinations will be submitted for Council consideration every five years. Significant sums are typically required for many of the projects included on the Regional Transportation Improvement Plans - both Phase III and Phase IV (Plan). If sufficient funds have not accumulated, the already- collected funds need not be expended within five years, provided that the council determines that they can eventually be expended for projects included on the Plan. Examples of some of the projects included in the Plan are: TRIP projects, gl December 4, 2012, 8:38AM G:\ GROUPDATWDMINRPT\2012 \12- 12 \TIF Admin - 5 year finding.doc Bridge Construction at Hosking and 99, and miscellaneous traffic signals. By making this determination, the City will be able to continue accumulating funds until there are sufficient funds for the projects. In the event that no need can be demonstrated, then the funds would have to be refunded to the current property owner. This Administrative Report requests that the Council find and commit all unexpended funds collected, which the City will have held for five or more years, in accordance with Schedule "A ". Schedule "A" is a cumulative summary of revenue collected, expenses incurred or committed, and unexpended revenue within the Transportation Development Fund from its inception to Fiscal Year 2011 -12. A summary for Schedule "A" follows: Cumulative revenue (FY 91/92 thru FY 11 /12) $185,547,184 Cumulative expenditures (FY 91/92 thru FY 11 / 12) (146,208,328) FY 12/13 Appropriations ( 38,557,7261 Balance (uncommitted revenue) $ 781.130 The balance of uncommitted revenue are proposed to be committed to fund incomplete projects on the Regional Transportation Facilities schedule which includes the TRIP projects. gl December 4, 2012, 8:38AM G:\ GROUPDAT\ADMINRPT\2012 \12- 12 \TIF Admin - 5 year finding.doc MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: '7 TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 30, 2012 V DEPARTMENT HEAD �j CITY ATTORNEY V� CITY MANAGER_��__ Emergency Resolution for Replacement of Boiler at Rabobank Arena Theater and Convention Center (Ward 2): Resolution dispensing with normal bidding procedures due to need for emergency replacement of boiler serving large commercial dishwasher, not to exceed $54,000. 2. Appropriate $54,000 Facility Reserve Funds to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. RECOMMENDATION: Staff recommends approval of resolution and appropriation. BACKGROUND: On November 26, 2012, Public Works staff was notified that the boiler serving the large commercial dishwasher at Rabobank Arena Theater and Convention Center (Arena) had failed. This boiler is the original one (circa 1963) and several of the tubes have corroded and water leaks to the point where the boiler cannot stay ignited. Repair is not an option due to the age and level of corrosion of the unit. Without replacement of the boiler, water temperature for the large commercial dishwasher will not meet health department standards. Numerous events serving food require the use of the large commercial dishwasher. For the health of Arena patrons, the Public Works Director deemed the replacement of the boiler an urgent necessity for the preservation of life, health, or property. Staff dispensed with normal bidding procedures and authorized ACCO Engineered Systems to expeditiously purchase and replace the boiler. Staff recommends approval of the resolution to dispense with normal bidding procedures in order to immediately replace the boiler for the health of the Arena's patrons. The recommended funding source for this item is Facility Reserve Funds. The Facility Reserve Fund are funds set aside for major renovations and repairs to City facilities. gl G: \GR0UPDAT \ADMINRPT \2012\ 12- 12 \Rabobank.doc MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: I. ' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Douglas Greener, Fire Chief November 27, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY VI CITY MANAGER_ P&S Homeland Security Grants on behalf of the Kern Operational Area 1. Resolution determining that the City Manager, or his designee, is appointed as authorized agent to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub - granted through the State of California to the County of Kern and through the County of Kern to the City of Bakersfield. 2. Memorandum of Understanding with the County of Kern - Homeland Security Grant funding Agreement for acquisition of specialized equipment. 3. Appropriate $125,000 FY2012 Homeland Security Grant Funds to the Capital Outlay Fund Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the Resolution, Memorandum of Understanding, and appropriation of grant funds. BACKGROUND: 1. Resolution for Authorized Agent - Homeland Security Grants This Resolution appointing the City Manager as the City agent and the Memorandum of Understanding between the City of Bakersfield ( "City ") and the County of Kern ( "County ") are necessary because the County is the designated sub - grantee for Homeland Security Grants on behalf of the Kern Operational Area. As required by grant guidelines, the designated Anti - Terrorism Approval Body ( "Approval Authority ") includes the County Fire Chief, the Sheriff, the Emergency Medical Services Department Director, and a representative from both the Kern Police Chiefs and Kern Fire Chiefs Associations. The Approval Authority approves grant applications and expenditures of grant funds. 2. Memorandum of Understanding - Homeland Security Grant The Memorandum of Understanding addresses specifics of the State Homeland Security funding agreement between the City of Bakersfield and Kern Operational Area and outlines the process SACrosby\Word\County MOU SHSP Grant appropriation 12 11 12.doc for the allocation of FY2012 State Homeland Security grant funds to the "Bakersfield Fire Department Mobile Data Computer Project." The MOU will allow the procurement of specialized equipment on behalf of the City of Bakersfield, as a local government entity, on behalf of the Kern Operational Area. 3. Appropriate $125,000 FY2012 - Homeland Security Grant The State Homeland Security Grant funded "Bakersfield Fire Department Mobile Data Computer Project" will procure data terminals and installation brackets for emergency response vehicles and apparatus. The terminals provide up -to -date and real -time dispatch, resource tracking, and emergency incident information to responding Firefighters. The terminals also allow Firefighters access to database information related to site plans, hazardous materials storage, and other critical incident background details necessary for determining Fire Department mitigation strategies. S: \Crosby \Word \County MOU SHSP Grant appropriation 12 11 12.doc MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 7 ' TO: Honorable Mayor and City Council _APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: November 30, 2012 CITY ATTORNEY VG SUBJECT: Consolidated Annual Maintenance of IBM servers and Storage Area Network. 1. Resolution determining that Consolidated IBM maintenance cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $49,156. 2. Approve the agreement with Computer Configuration Services to consolidate IBM maintenance contracts for a total amount not to exceed $49,156. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement BACKGROUND: On December 14, 201 1 the City Council approved Resolution No 126 -11 and Agreement No 1 1 -154 awarding Computer Configuration Services (CCS) the consolidation of the City's IBM maintenance contracts. The City of Bakersfield previously paid maintenance bills to IBM to cover maintenance on IBM servers, storage, and tape equipment. IBM started a program that allowed the City to consolidate the maintenance invoices into a single invoice through an IBM Premier Business Partner who provides value added services to the City. The City only uses one IBM Premier Business Partner in this capacity, Computer Configuration Services (CCS). CCS was selected as the low bidder for our iSeries server by Council at the meeting of November 9, 2005. Consolidating the maintenance payments has resulted in a reduction of maintenance fees of approximately $1,870 during FY 2011 -2013 and approximately $11,312 for FY 2012 -2013. Funds for the maintenance are already in the FY 2012 -2013 adopted budget within the General Fund and Equipment Replacement Fund. The total amount of this contract is not to exceed $49.156. Approval of the agreement will allow the City to consolidate the IBM maintenance contracts for a cost savings of $11,312. Information Technology Division/ECH o� CC�W14 ADMINISTRATIVE REPORT C 'Maur u� i MEETING DATE: December ].2012 AGENDA SECTION: Consent Calendar ITEM: 07, K. TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD Z14 DATE: November 13, 2012 CITY ATTORNEY OZ - CITY MANAGER /w SUBJECT: Agreement with Kern High School District (KHSD) not to exceed $75,000 paid to the City for use of aquatic facilities for practice and swim meets. (Wards 1, 2 and 6) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Kern High School District (KHSD) wishes to enter into an agreement with the City of Bakersfield for use of aquatic facilities at McMurtrey Aquatic Center, Silver Creek Pool, Jefferson Park Pool, and Dr. Martin Luther King, Jr. Pool for practice and swim meets for payment to the City in an amount not to exceed $75,000. This amount remains the same as 2011. The City has had a long standing agreement with the KHSD to utilize these aquatic facilities from January 14, 2013 through May 28, 2013 at mutually agreed upon times. ds:jn November 13, 2012, 9:07AM C:\ Users \sforsyth \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \NKSE9ICG \KHSD use of Aquatic Facilities Admin.docx MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 7. /. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEADJX2v DATE: November 16, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Emergency Solutions Grant (ESG) Rapid Re- Housing Program Services. (All Wards) 1. Agreement with Bethany Services/ Bakersfield Homeless Center, a California Non - Profit Public Benefit Corporation ($158,345) to provide Rapid Re- Housing Program services. 2. Appropriate $72,942 ESG funds to Community Development Operating Budget within the Community Development Block Grant (CDBG) Fund. RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: As part of the U.S. Department of Housing and Urban Development's (HUD) Emergency Solutions Grant (ESG) program, Rapid Re- Housing focuses on re- housing individuals and families that have recently become homeless in our community. Specifically, funding is used for rental down payments, rent /utilities payments, follow -up care, and other services that work toward ensuring resident stability and self - sufficiency. Households may receive assistance for up to 180 days; however, the average length of assistance is approximately 70 days (based on previous program experience). In July 2012, the City received its second allocation of FY 11 -12 Emergency Solutions Grants (ESG) funding made available through the Homeless Emergency Assistance & Rapid Transition to Housing (HEARTH) Act of 2009 in the amount of $72,942. Also, as part of the FY 12 -13 ESG funding from HUD, the City was required to set aside $85,403 for the Rapid Re- Housing program. Both FY 11 -12 and FY 12 -13 program funding allocations must be spent by June 2014. HUD Funding Year Amount FY 11 -12 $72,942 FY 12 -13 $85,403 Total Available for Rapid Re- Housing $158,345 S:\EDCD Shared\Admins \City Council \City Council Admins 2012\Rapid Re- Housing Services—Nov 13 12.docx 12/4/201i'5:17 PM ADMINISTRATIVE REPORT Page 2 A Request for Qualifications (RFQ) was made available to service providers participating in the Kern County Homeless Collaborative beginning October 24, 2012 to implement the city's Rapid Re- Housing program, and the RFQ was also posted on the city's website. Three proposals were received by the November 13, 2012 deadline: Bethany Services /Bakersfield Homeless Center, Flood Bakersfield Ministries, and Kingdom Way Ministries. All proposals received were evaluated by the following criteria: 1. Qualifications to provide the requested services. 2. Experience in successfully operating other programs. 3. Ability to complete the project within desired timeline. 4. Technical experience and ability to provide data. 5. Financial capacity to continue program. 6. Qualifications of the service provider team. A review team from the Economic Development section of the Community Development Department evaluated the proposals and recommends Bethany Services/ Bakersfield Homeless Center as the service provider for the Rapid Re- Housing Services on behalf of the City of Bakersfield. Bethany Services/ Bakersfield Homeless Center was primarily selected based on past performance as the city's provider for the Homeless Prevention and Rapid Re- Housing program (received as part of the American Recovery and Reinvestment Act of 2009), as well as the organizational capacity to administer the program. For increased efficiency and effectiveness of the program, staff has combined the FY 11 -12 and 12 -13 Rapid Re- Housing funding allocations under one agreement in the amount of $158,345. Since the second allocation ($72,942) of FY 11 -12 ESG funding was approved by HUD after the City's FY 12 -13 budget was approved, these funds have not yet been appropriated. Approval of this item appropriates these funds. S:\EDCD_Shared\Admins \City Council \City Council Admins 2012\Rapid Re- Housing Services—Nov 13 12.docx 12/4/2012 5:17 PM MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: I. In. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: November 28, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY lk* CITY MANAGER ICJ SUBJECT: Reimbursement agreement with Southern California Gas Company ($55,000) for the installation of a 12 -inch casing for a gas distribution line within the Renfro Road Bridge as part of the Westside Parkway Phase 6C Project. (TRIP) (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Southern California Gas Company (SCG) owns, operates, and maintains a fl- inch high - pressure gas distribution line that is in conflict with the Westside Parkway Phase 6C Project. This gas line will be relocated from its current underground location to a new location within the new Renfro Road overcrossing bridge structure. To expedite the relocation of the gas line, the City will install the casing within the Renfro Road Bridge as part of the Westside Parkway Phase 6C Project. SCG will reimburse the City for the actual costs which is estimated at $55,000. SCG crews will relocate the gas line once the casing is installed through the bridge at SCG's cost. This agreement outlines the responsibilities and reimbursement parameters of both the City and SCG. Project construction is scheduled to begin in February 2013. November 28, 2012, 3:49PM Tdw:G:\GROUPDATWDMINRPT \2012 \12 -12 \Reimbursement Agreement - (SoCalGas) 2.docx MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 07. TO: Honorable Mayor and City Council FROM: Raul M. Rojas DATE: November 29, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Southern California Gas Company (SCG) authorizing SCG to install data collection units on street light poles for the Advanced Meter Program (Wards 1, 2, 3, 4, 5, & 6) RECOMMENDATION: Staff recommends approval of Street Light Agreement. BACKGROUND: Southern California Gas Company has been authorized by the California Public Utilities Commission to implement an Advanced Meter Program within its jurisdiction in the City of Bakersfield. The implementation of the Advanced Meter Program requires the installation of communication devices for all their residential and commercial natural gas meters and radio frequency data collector units to collect and transmit gas usage information. Southern California Gas Company desires to install low- powered radio frequency data collectors within the street right of way at various locations within the City to create a network of data collection units. The City owns, operates and maintains street light facilities within Southern California Gas Company's jurisdiction which meet the desired locations and criteria for the installation of the data collector Units. To minimize the impact of this project, the City is willing to grant Southern California Gas Company a non - exclusive, revocable license to attach the data collection equipment to the street light facilities which would reduce the number of new infrastructure installations within the City's right of way. Southern California Gas Company will compensate the City for their use of the street light poles. Southern California Gas Company will pay a one -time fee of $780 ($39 per year times 20 years) for each City owned street light pole used for the data collection equipment. The Street Light Agreement will remain in place for 20 years and may be extended thereafter for successive one -year terms. Southern California Gas Company anticipates using 13 City owned street light poles to complete their network system. of G: \GROUPDAT \ADMINRPT \2012 \12- 12 \So. Cal Gas Street Light Agreement.rev2.docx MEETING DATE: December 1 j , 2012 AGENDA SECTION: Consent Calendar ITEM: 7. V. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_ DATE: November 30, 2012 CITY ATTORNEY CITY MANAGER__�S SUBJECT: Agreement with K Hovnanian at Bakersfield 463 LLC to purchase real property located near southwest corner of State Route 178 and Bedford Green Drive for $110,000 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 5.447 acres. The acquisition is for constructing a drainage basin required for the Morning Drive Interchange Project. The purchase price of $110,000 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. Admin - Purchase Agmt - K Hov 12/3/2012 CW MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 17. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: November 15, 2012 APPROVED DEPARTMENT HEAD A7 CITY ATTORNEY CITY MANAGER �J SUBJECT: Amendment No. 3 to Agreement No. 09 -162 with Bakersfield Homeless Center (annual cost of $169,744) to extend term of Agreement by one year for the sorting of green waste material at the Mt. Vernon Green Waste Facility (Ward 1). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On December 16, 2009, Agreement No. 09 -162 was approved with the Bakersfield Homeless Center for the sorting of green waste material at the Mt Vernon Green Waste Facility. The annual compensation amount for this Agreement was $153,504. On December 15, 2010 this agreement was amended increasing the compensation amount to $159,744; and extending the term of the agreement for one year. On December 14, 2011 this agreement was amended for the second time extending the term for the third consecutive year. The terms of this agreement allows for the fourth consecutive one -year extensions. Therefore, a third amendment is needed to extend the term for an additional year. This amendment provides for a fourth year extension to the agreement and an annual compensation amount of $169,744 for the next year term. This program has proven to be a tremendous success for both the City and the Homeless Center, The City has received excellent service in the sorting of green waste material. The Bakersfield Homeless Center has been able to launch an employment program that is empowering homeless individuals to find housing, employment opportunities, and job training skills. Due to this mutually beneficial relationship over the past years, both parties desire to extend the Agreement for an additional year. Staff recommends approval of this Amendment with Bakersfield Homeless Center. There is no General Fund impact associated with this Amendment. mh November 15, 2012 S:\FILING\400 CONTS & AGMNTSIFY_1213Wdmin Rpt - Amend (3) BAKERSFIELD HOMELESS CENTER AGMT 09- 162.doc MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 20, 2012 VE DEPARTMENT HEAD CITY ATTORNEY Q' CITY MANAGER /W SUBJECT: Amendment No. 1 to Agreement No. 11 -162 with Polydyne, Inc. ($120,000; revised not to exceed $581,904 and extends term for four months) for dewatering polymer at Wastewater Treatment Plant No. 3 (Ward 6). RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On December 14, 2011, Agreement No. 11 -162 with Polydyne Inc. was approved. This Agreement provided dewatering polymer for Treatment Plant 3. The wastewater treatment process at Plant No. 3 requires that sludge undergo a dewatering process. The goal of the dewatering process is to efficiently produce a sludge cake that can be transported off site for disposal or beneficial use. Polymers are an essential ingredient in the dewatering process. The effectiveness of a polymer is determined by its ability to capture solids and produce a dry sludge cake. The compensation clause for Agreement No. 11 -162 was not to exceed $461,904 for a one - year term. This Agreement is renewable annually for three consecutive one -year periods at the City's option and upon mutually agreeable terms. Staff recommends the extension of Agreement No. 11 -162 for four months with an additional $120,000 in compensation to allow a new Request for Qualifications and Proposals (RFQ /P) process be conducted. The RFQ /P process will take approximately four months. The first RFP /Q required suppliers responding to the City's RFQ /P to conduct on -site trials of selected polymer products using a specific biosolid feed rate to the centrifuges within the dewatering process at Plant 3. Only suppliers achieving specific minimum requirements were allowed to submit product costs proposals. The new RFP /Q will require that these minimum requirements be met for a range of feed rates not only at initial testing, but also during the duration of the Agreement's term. Feed rates of biosolids to centrifuges changes as processing requirements change. A product not meeting minimum requirements and lesser efficiency requires more treatment processes. Sufficient funds are budgeted to fund this agreement. The funding source for this Agreement is Sewer Enterprise funds; therefore, there is no General Fund impact. As noted above, this Amendment to Agreement 11 -162 with Polydyne is for dewatering polymers. Under a separate action on this agenda, there is an Amendment to Agreement 10- 162 for DAF polymer. Polymers are chemical compounds. Both DAF polymers and dewatering polymers are used to help extract water at various stages in the wastewater treatment process. PW: WW: pb G:\GROUPDATWDMINRPT \2012 \12- 12\Hdmin -Amend Polydyne.doc MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City. Council FROM: Nelson Smith, Finance Director DATE: December 3, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 10-176 with Polydyne Incorporated; extending the contract term one year to continue the supply of DAF polymers. (Ward 6) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On December 15, 2010, Council approved the Annual Contract for the supply DAF polymers to Polydyne Incorporated in the amount of $50,173.88; renewable annually thereafter for four consecutive one -year periods. 'On December 14, 2011, Council approved Amendment No. 1 adding $50,000, and extending the contract term one year to allow the continued supply of DAF polymers. If approved, Amendment No. 2 will extend the term one year. No additional funding will be required at this time. Approval of the amendment will allow the Wastewater Treatment Plant to continue to meet the City's wastewater treatment demands for the next year. As noted above, this Amendment to Agreement 10-162 with Polydyne is for DAF polymers. Under a separate action on this agenda, there is an Amendment to Agreement 11 -162 for a dewatering polymer. Polymers are chemical compounds. Both DAF polymers and dewatering polymers are used to help extract water at various stages in the wastewater treatment process. Purchasing Division/ch SRURMADMiMAmendments 12 -13WC for DAF Polymers Amendment #2 to Agreement 10- 176.docx December 3, 2012 10:55 AM MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 7% S TO: Honorable Mayor and City Council APPIOVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 28, 2012 CITY ATTORNEY r CITY MANAGER /yJ SUBJECT: Contract Change Order No. 8 to Agreement No. 12 -069 with S.C. Anderson Inc. ($11,539.00; revised not to exceed $3,612,908.66) for the State Farm Sports Village - Phase 2 Project (Ward 6). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for construction of four soccer fields, four football fields, restroom, parking lot, a portion of McKee Road, landscaping, irrigation system, walkways and all infrastructure for Phase 2 of the planned State Farm Sports Village. The construction plans called for a 20 -amp 3 -phase electrical circuit to be installed in order to provide electrical power to concession stand trucks. During construction, it was determined that the concession stand trucks servicing this park will require single -phase power on a 50 -amp circuit. This change will require the installation of larger wire and a larger power pedestal in order to provide electrical service to the concession stand trucks. The contractor has agreed to a lump sum of $11,539 as full compensation to increase the size of the power pedestal and electrical wire. The cost increase of Contract Change Order No. 8 is $11,539. The sum of all change orders to date on this project reflects a total cost increase of $9,908.66 (which is 0.3% of the original contract amount) as illustrated below: • Original Contract Amount = $3,603,000.00 • Amended Contract Agreement after Change Orders = $3,612,908.66 Net Increase to date = $ 9,908.66 It should be noted that the net change order increase amount includes a credit of ($8,000) reflected in Change Order No. 1 for work required by the San Joaquin Air Pollution Control District that had already been completed by City staff and a credit of ($736) reflected in Change Order No. 7 for deletion of a portion of irrigation piping. Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact associated with this Change Order. RM (Construction) December 3, 2012, 11:37AM C:\ Users \glorenzi\AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \153CIOUG \CCO 8 State Farm Sports Village Phase 2 revised.doc MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 28, 2012 ED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Westside Parkway Phase 2 (TRIP) (Wards 2, 4 and 5) 1. Contract Change Order No. 64 to Agreement No. 09 -076 with Security Paving Company, Inc. ($777,999.70; revised not to exceed $89,225,456.05; change orders funded with traffic impact fees) for the construction of the Westside Parkway Phase 2 Project. 2. Appropriate $700,000.00 Transportation Development Fund Balance to the Public Works Capital Improvement budget within the TDF TRIP local match fund. RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriation. BACKGROUND: Phase 2 of the Westside - Parkway Project includes the construction of a 6-1ane 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. 64 provides for an adjustment to the bid item quantities for Lean Concrete Base (LCB) and for Jointed Plain Concrete Pavement (JPCP). According to the project designer's latest quantity calculations which were then verified by the City's Construction Manager, there Is a shortage of JPCP and an excess of LCB as compared to the original bid quantities. These quantities are necessary to complete the project, and the unit prices the contractor originally bid for these Items are being used for these quantity adjustments. This change order results in a net Increase of $777,999.70. Staff recommends approval of Contract Change Order No. 64. Change Orders to date, including this proposed Change Order, total $12,653,010.98. This is a 16.5% Increase over the original Agreement as Illustrated below: Original Contract Amount = $ 76,572,445.07 Previous Change Orders = $11,875,011.28 Change Order No. 64 = $ 777,999.70 Amended Contract Agreement after Change Orders = $ 89,225,456.05 Net Increase to date = $ 12653,010.98 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 Lt; Tdw GAGR0UPDATWDMINRPT \2012 \12- 12\Admfn Rpt CCO 64 WSP Phase 2.docx always paying for, but which was originally to be constructed by the KCWA. Later, after the Westside Parkway Phase 2 project had bid, KCWA management requested that the City construct this box culvert as part of the freeway project Instead of the KCWA. Also, Change Order No. 1 for $588,430 was for added work requested and paid for by the North Kern Water Storage District. When the Westside Parkway Phase 2 project was bid, the City was trying to utilize all available State funding to build the project as any unused funds would have to be,given back to the State. This resulted in portions of the project construction bid and contract award being accomplished with less than final design work completed and as such, a higher amount of change orders than normally anticipated are expected as the construction progresses. However, because of the extraordinarily favorable bid climate at the time, the City was able to extend the project limits from Coffee Road all the way to Allen Road on top of keeping all the State funding intact. These series of actions have been in the best interest of completing this Project, which is a critical component of the TRIP program. Lt; Tdw G:\ GROUPDAT \ADMINRPT\2012 \12- 12Wdmin Rpt CCO 64 WSP Phase 2.docx MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 'j. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 28, 2012 APPROVED DEPARTMENT NEAD CITY ATTORNEY—, — CITY MANAGER SUBJECT: Reject all bids for a Microwave Radio System. (Ward 2) RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: Invitations to bid were sent out for a Microwave Radio System for the Communications Division. Bids were received from Day Wireless Systems and Integrated Network Systems Corporation. Both bids exceeded the amount budgeted for the equipment. Staff will re- evaluate the components of the system and will re -bid at a future date. Purchasing DivisioNkb & PURCHADMINAdmin 12- 13%Raject Bids - Microwave Radio System 1, 12- 13 -39, December 11, 2012.docx November 28, 2012 MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: . V. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 3, 2012 DEPARTMENT HEAD /✓� CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from H. W. Hunter, Incorporated, in the amount of $47,674.40 for two (2) replacement two wheel drive crew cab pickup trucks for the Fire Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: The Fire Department Training division utilizes crew cab pickups to transport personnel during academies, drills and other manipulative training, and also to haul or tow heavy training related props and equipment to various locations for day -to-day in- service training. Invitations to bid were sent to over one hundred (100) vehicle suppliers. Six (6) bids were received in response to solicitation. The bid specifications required online access or hard copies of repair and troubleshooting manuals. Fleet staff needs access to the information in the manuals to ensure compliance with manufacturer's guidelines so not to void the warranty. The low bid received from Crown Dodge, Ventura, noted that repair manuals are not available at this time. Upon further inquiry by City staff, the bidder stated these items would only be made availability after the expiration of the standard 3 year warranty period. Fleet staff cannot wait 3 years for repair manuals on vehicles that require routine maintenance. The next lowest bid received from H. W. Hunter, Incorporated meets the minimum specifications including the provision of all repair and diagnostic manuals and is considered acceptable by staff. Staff recommends declaring the bid received from Crown Dodge non- responsive based on the failure to meet the requirement to provide repair and diagnostic materials. The six (6) bids received (including the non - responsive bid) are as follows: Crown Dodge, Ventura, CA H. W. Hunter, Inc. (Dodge), Lancaster, CA Raceway Ford, Riverside, CA RESPONSIVE BID AMOUNT Yes /No- Reason $47,098.20 No - repair manuals not included $47,674.40 Yes $49,188.00 Not fully evaluated Purchasing Divisionft & PURCHWDMINWdmin 12- 13Tull Size Two Wheel Drive Crew Cab Pickup (R"id), 12- 13 -38, December 11, 2012.docu December 3, 2012 ADMINISTRATIVE REPORT Jim Burke Ford, Bakersfield, CA Three Way Chevrolet, Bakersfield, CA Penske Chevrolet, Cerritos, CA $50,368.76 Not fully evaluated $53,838.40 Not fully evaluated $54,196.24 Not fully evaluated Staff evaluates bids to determine the lowest responsive bidder to meet minimum specifications. Once the lowest responsive bidder has been identified, other higher bids are not fully evaluated. Funds are budgeted in the Equipment Management Fund for two (2) replacement two wheel drive crew cab pickups for the Fire Department. Staff finds the bid submitted by H. W. Hunter, Inc., Lancaster, to be acceptable. Purchasing Division /kb S:\PURCHWDMIN\Admin 12 -13 \Full Size Two Wheel Drive Crew Cab Pickup (Re -bid), 12- 13 -38, December 11, 2012.docx December 3, 2012 MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE, December 3, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Jim Burke Ford, Bakersfield, in the amount of $222,335.78 for twelve (12) replacement two wheel drive pickup trucks for the Recreation and Parks Department and Public Works, Wastewater and Engineering Divisions. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over one hundred (100) vehicle suppliers. Eight (8) bids were received in response to solicitation. The bid specifications required a long bed style pickup which is necessary to carry long handled tools and other equipment. The low bids received from Raceway Ford and Paso Robles Ford was based on short bed pickups. The next lowest bid received from Jim Burke Ford, Bakersfield meets the minimum specifications including the long bed and is considered acceptable by staff. Staff recommends declaring the bids received from Raceway Ford and Paso Robles Ford non - responsive based on the failure to meet the minimum pickup bed length requirement. The eight (8) bids received (including the non - responsive bids) are as follows: BIDDER BID AMOUNT Raceway Ford, Riverside, CA $216,876.60 Paso Robles Ford, Paso Robles, CA $221,235.00 Am Burke Ford, Bakersfield, CA $222,335.78 Three Way Chevrolet, Bakersfield, CA $233,664.49 Penske Chevrolet, Cerritos, CA $245,932.87 H. W. Hunter, Inc., Lancaster, CA $276,487.50 RESPONSIVE No - not long bed No - not long bed Yes Not fully evaluated Not fully evaluated Not fully evaluated Crown Dodge, Ventura, CA $277,080.90 Not fully evaluated Purchasing Division/W SAPURCHIADMIMAdmin 12- 131Full Size One Half Ton Two Wheel Drive Pickup, 12- 13-37, December 11, 2012.docn December 3, 2012 ADMINISTRATIVE REPORT Haddad Dodge, Bakersfield, CA $310,071.90 Not fully evaluated Staff evaluates bids to determine the lowest responsive bidder to meet minimum specifications. Once the lowest responsive bidder has been identified, other higher bids are not fully evaluated. Funds are budgeted in the Equipment Management Fund for twelve (12) replacement full size '/2 ton two wheel drive pickups for the Recreation and Parks Department and Public Works, Wastewater and Engineering Divisions. Purchasing Division/kb SAPURCHWDMINWdmin 12 -13 \Full Size One Half Ton Two Wheel Drive Pickup, 12- 13 -37, December 11, 2012.docx December 3, 2012 MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar IT , y. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: December 4, 2012 DEPARTMENT MEAD CITY ATTORNEY_ CITY MANAGER _ SUBJECT: Accept bid from Hussey Seating Company in the amount of $239,461.63 for 2,300 chairs and 46 storage racks for the Rabobank Arena, Theater and Convention Center. (Ward 2) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: The chairs at the Rabobank Arena and Convention Center are at least thirty years old and in need of replacement. The new chairs will provide a professional appearance, high level of comfort, and ease on the staff for placing them for events. Staff at the Rabobank Arena evaluated multiple brands of chairs to determine the most suitable make and model for replacement folding chairs. The evaluated factors included sturdiness, ease of placement and ganging options, appearance and seat comfort. The chair selected was the Clarin model 4400 manufactured by Hussey Seating Company. Invitations to bid were sent to eighty nine (89) suppliers of auditorium seating. Bids were solicited for Clarin model 4400 folding chairs or pre - approved equal. Two (2) bids were received in response to solicitation. A bid submitted by Mity -Cite, Incorporated was not based on the specified chair and the bidder did not pre - quality their product in accordance with the bid requirements. The Mity -Ute, Incorporated proposed chair is not a heavy gauge construction material and it lacks the ability to gang together, which is necessary to maintain a uniform look during events. The second bid was submitted by Hussey Seating Company as the manufacturer of the Clarin chair and by bidding direct to the end user they offered a government price from a federal pricing (GSA) schedule. The manufacturer's distributors for this brand could not compete with GSA pricing whereby leaving only one bidder on the selected brand. The two (2) bids received (including the non- responsive bid) are as follows. Purchasing Divisionft SAPURCHWDMIMAdmin 12- 13\Clarin Chairs and Rados 12- 13-40, December 11, 2012.docx December 4, 2012 ADMINISTRATIVE REPORT :.0 Mity -Lice, Incorporated Orem, LIT Hussey Seating Company North Berwick, ME $193,096.88 $239,461.63 MEETS SPECS YES /NO Funds are budgeted in the Capital Outlay Fund for this purchase. NO YES Staff recommends awarding the bid to Hussey Seating Company which meets all specifications of the bid and declaring the bid submitted by Mite -Lite, Incorporated non - responsive. Purchasing Division/kb S:IPURCHWDMINWdmin 12- 130arin Chairs and Racks 12- 13-40, December 11, 2012.docx December 4, 2012 MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: rf. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 5, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY_& - CITY MANAGER Westside Parkway Phase 6C project (TRIP) (Ward 4): 1. Accept low bid and award contract to Security Paving Company, Inc. ($29,982,222.42) to construct the Westside Parkway Phase 6C Project. 2. Appropriate $4,400,000 Fund Balance within the Transportation Development TRIP Local Match Fund and $379,025 Fund Balance within the Capital Outlay Utility Surcharge Roads Fund for the Westside Parkway Phase 6C project. RECOMMENDATION:Staff recommends acceptance of low bid, award of contract, and approval of appropriation. BACKGROUND: The California Transportation Commission (CTC) allocated $26 million for the construction of the Westside Parkway Phase 6C (Stockdale /Heath Tie -In) Project on June 28, 2012, and staff received federal approval to advertise the project on October 31, 2012. The Westside Parkway Phase 6C Project consists of constructing 4 lanes of freeway (2 In each direction) between Allen Road and the Stockdale Highway /Heath Road Intersection, as well as completing all ramp tie -ins to the under construction Allen Road Interchange. The project will also build a bridge for Renfro Road to cross over the Westside Parkway. The Westside Parkway will ultimately be an eight mile long, east -west freeway extending from Truxtun Avenue west to Stockdale Highway /Heath Road with Interchanges at Mohawk Street, Coffee Road, Calloway Drive, and Allen Road. On December 4th, 2012 three acceptable bids were received as follows: Security Paving Company, Inc. Bid: $29,982,222.42 9050 Norris Avenue Sun Valley, California 91352 Griffith Company Bid: $32,495,525.99 1128 Carrier Parkway Ave. Bakersfield, California 93307 C.A. Rasmussen Inc. Bid: $34,193,865.75 28548 Livingston Ave. Valencia, CA Staff recommends awarding this construction contract to Security Paving Company, Inc. in the amount of $29,982,222.42 for the construction of the Westside Parkway Phase 6C (Stockdale /Heath Tie -In) Project, Tdw: G: \GROUPDAT\ADMINRPT\2012 \12 -12 \Westside Parkway 6C Admin REV.docx MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 21, 2012 A R VED DEPARTMENT HEAD CITY ATTORNEY Q� CITY MANAGER /W SUBJECT: Appropriate $100,000 Transportation Development fund balance to the Public Works Department's Capital Improvement budget for preliminary design engineering services for the Mohawk Street Improvements Project from Rosedale Highway to Siena Lane (Ward 3 and County). RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: Proposition 1 B, passed in November 2006, authorized $1 billion for the State - Local Partnership Program (SLPP). The SLPP consists of two sub - programs, one of which is a competitive program requiring a dollar for dollar match of SLPP funds and local uniform developer fees. The Mohawk Street Improvement project, from Rosedale Highway to Siena Lane, is currently recommended for $1 million of funding by California Transportation Commission staff contingent upon two items. The first item is that this project must be designed and ready to go out to bid by May 2013. The second item requires a dollar for dollar match of SLPFF funding and local developer fees. In order to meet the May 2013 deadline for project design, funds are needed to cover outside design costs and in -house design engineering costs. Staff recommends the appropriation of $100,000 of Transportation Development Fund balance to fund the initial engineering costs. The Mohawk Street Improvement project will construct public street improvements on Mohawk Street north of Rosedale Highway which will improve the traffic circulation pattern for this northwest area. Siena Lane is approximately 0.55 miles south of Hageman Road. This project will provide access on Mohawk Street from Rosedale Highway to Hageman Road. Estimated cost for this project is $2.4 million of which $1 million will be funded by SLPP grant funds and approximately $1.4 million from traffic impact fees to be collected as part of the Commons' Development project. There is no General Fund impact associated with this project. .. G: \GROUPDAT \ADMINRPT \2012 \12 -12 \Appropriation Admin Report.doc MIA ADMINISTRATIVE REPORT [� evil MEETING DATE: December 11,, 2012 AGENDA SECTION: Consent Calendar ITEM: % &d TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD b i o DATE: November 9, 2012 CITY ATTORNEY OZ CITY MANAGER_�S SUBJECT: Fiscal Year 2011 -2012 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. (All wards) RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2011 -2012 Annual Compliance Report for Park Impact Fees (Report will be made available at the Recreation and Parks Department). BACKGROUND: Attached is the City of Bakersfield's Annual Compliance Report for Park Impact Fees for the fiscal year ended June 30, 2012 prepared in compliance with California Government Code Section 66006. On November 7, 1990, City Council adopted a park development and improvement fee program for the purposes of developing and improving parks and recreational facilities serving the residential development within the City of Bakersfield. Fees are collected based on the development's share of cost to develop, improve, construct or enhance a public park. On April 19, 1995, City Council established an orderly process for the dedication, reservation and acquisition of park land within the City of Bakersfield for the purpose of supplying public parks and recreation facilities. The sub divider shall dedicate, reserve land, pay a fee in -lieu, or a combination thereof, at the option of the Advisory Agency, for park or recreational purposes. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 2013 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no City Council action is required at today's meeting other than to make the information available to the public. jln C: \Users\sforsythWppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook\NKSE91CGWB 1600 - make available.doc MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: October 31, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Fiscal Year 2011 -2012 Annual Compliance Report for Planned Drainage Area Fees prepared in accordance with California Government Code §66006 (Wards 1, 3, 4, 5, and 7). RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2011 -2012 Annual Compliance Report for Planned Drainage Area Fees (Report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Planned Drainage Area Fees for the fiscal year ended June 30, 2012 prepared in accordance with California Government Code §66006. There may be imposed by local ordinance a requirement for the payment of fees for purposes of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas (GC §66483). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 9, 2013 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps G: \GROUPDAT \ADMINRPT \2012 \12- 12 \PDA annual compliance report admin.doc MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 7, CC. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director October 31, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY p� CITY MANAGER Fiscal Year 2011 -2012 Annual Compliance Report for Planned Sewer Area Fees prepared in accordance with California Government Code §66006 (All Wards). RECOMMENDATION: Staff recommends making available to the public the Fiscal Year 2011 -2012 Annual Compliance Report for Planned Sewer Area Fees (report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Planned Sewer Area Fees for the fiscal year ended June 30, 2012 prepared in accordance with California Government Code §66006. There may be imposed by local ordinance a requirement for the payment of fees for purposes of defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local sanitary sewer areas (GC §66483). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 9, 2013 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps G: \GROUPDAT \ADMINRPT \2012 \12- 12 \PSA annual compliance report admin.doc MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 7, dl, TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: October 31, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY A CITY MANAGER SUBJECT: Fiscal Year 2011 -2012 Annual Compliance Report for Bridge Crossings and Major Thoroughfare Fees prepared in accordance with California Government Code §66006 (Wards 3 and 6). RECOMMENDATION: Staff recommends making available to the public the Fiscal Year 2011 -2012 Annual Compliance Report for Bridge Crossings and Major Thoroughfare Fees (report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Bridge Crossings and Major Thoroughfare Fees for the fiscal year ended June 30, 2012 prepared in accordance with California Government Code §66006. A local ordinance may require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares (GC §66484). Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 9, 2013 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps G: \GR0UPDAT \ADMINRPT \2012\ 12- 12 \MBTA annual compliance report admin.doc i MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 7. C . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 28, 2012 A P VE DEPARTMENT HEAD CITY ATTORNEY t1(-!K CITY MANAGER Fiscal Year 2011 -2012 Annual Compliance Report for Transportation Impact Fees prepared in accordance with California Government Code §66006 (Ail wards). RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2011 -2012 Annual Compliance Report for Transportation Impact Fees (report will be made available at the Public Works Department). BACKGROUND: Attached is the City's annual compliance report for Transportation Impact Fees for the fiscal year ended June 30, 2012 prepared in accordance with California Government Code §66006. In April 1992, Council adopted a transportation impact fee program to fund improvements to the Metropolitan Bakersfield transportation system necessary to accommodate future growth. In January 1997, Council adopted Phase II of this program, which was designed to fund more projects and eliminate the need for developers to provide transportation impact studies for most projects. In September 2003, Council adopted Phase III of this program with the intent of updating the program and encouraging in -fill development by creating a Core and Non -Core area within the Metropolitan Bakersfield General Plan limits including individual fee structures for the respective areas. In July 2009, Council approved Phase IV of this program which adopted a regional program and projects development through 2035. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the January 9, 2013 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no council action is required at today's meeting other than to make the information available to the public. ps G: \GROUPDAT \ADMINRPT \2012 \12- 12 \TIF annual compliance report admin.doc MEETING DATE: December 11, 2012 AGENDA SECTION: Consent Calendar ITEM: 17 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Art R. Chianello, Water Resources Manager November 15, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY VG CITY MANAGER .S _ Request to reclassify Service Maintenance Worker Position to Canal Tender II Position in Water Resources Department (Wards 1 through 7) RECOMMENDATION: Staff recommends approval of reclassification of Service Maintenance Worker to Canal Tender II position. BACKGROUND: Prior to FY 2009 -10, the Water Resources Department was budgeted for three (3) Canal Tender II's and five (5) Service Maintenance Workers. Because of cuts in the FY 2010- 11 budget, one of the Canal Tender II positions was reclassified to a Service Maintenance Worker. The current complement of two (2) Canal Tender II's and six (6) Service Maintenance Workers is difficult to sustain due to the differences in job duties and responsibilities. For example, the Service Maintenance Worker position in Water Resources regulates water flow, records measurements, performs weed control and routine debris removal, performs minor repairs and maintenance on structures, and operates equipment as an entry-level class. A Canal Tender II is very specialized with regard to its dispatcher duties. A Canal Tender II works in the field as a crew leader, regulates water flows and diversions, records measurements, performs minor repairs and maintenance on facilities, tabulates water delivery cards, and calculates flows. However, the Canal Tender II position also performs the very unique dispatcher functions on an assigned rotational shift basis. As a dispatcher, this staff member coordinates directly with the Army Corps of Engineers at Lake Isabella for water releases from Isabella dam on a daily basis and also coordinates with other water agencies to determine important daily water diversions. The dispatcher works on a rotational shift basis where they cover all holidays and weekends. With our current complement of two (2) Canal Tender II's, scheduling is difficult for time off, vacations, and sick days. The complement of three (3) Canal Tender II's makes this scheduling easier and provides for a better trained workforce and flexibility for succession planning. Salary range difference for the two positions at Step 5 is about 12.5 %, or $2.55 per hour. A mid -year budget transfer in the FY 2012 -2013 budget is not required due to salary savings available from other unfilled positions in the Water Resources Department. JLM 5:12012 ADMIN REPORTS \Canal Tender II_Admin Report.doc M w. ADMINISTRATIVE TIVE REPORT MEETING DATE: December 1.11 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: November 30, 2012 APPROVED DEPARTMENT HEAD 4 "'J CITY ATTORNEY AT— CITY MANAGER SUBJECT: Transfer $15,000 from the Capital Outlay Fund and $155,000 from the Equipment Management Fund to the Police Department General Fund Operating Budget, to cover the cost of the Animal Control Shelter Agreement with Kern County Animal Services. RECOMMENDATION: Staff recommends approval of the transfer. BACKGROUND: The Bakersfield Police Department's FY2012 -13 budget was developed with the assumption that the City and County were preparing to operate separate animal shelters. After the adoption of the City's FY2012 -13 Budget on June 27, 2012, additional discussions between the City and County ensued, resulting in the adoption of a one -year agreement to allow for a continuation of the existing relationship, under new terms. One of the terms in the agreement include an increase in compensation for the sheltering and care of unwanted or abandoned City animals at the Mt. Vernon Animal Shelter. There are sufficient funds in the FY2012 -13 budget to cover this increase. However, not all the funds are in operating accounts. Certain monies were budgeted for capital outlay and equipment, which would have been necessary if the City had moved forward with its own animal shelter. Therefore, to cover the increase in operating, due to the new agreement, a transfer from the Capital Outlay and Equipment Management Funds will be necessary. The Bakersfield Police Department requests approval to transfer $15,000 from the Capital Outlay Fund and $155,000 from the Equipment Management Fund to the Police Department General Fund Operating Budget, to cover the cost of the Animal Control Shelter Agreement with Kern County Animal Services. DB Paoe 1 of 1 MEETING DATE: December 11 , 2012 AGENDA SECTION: Successor Agency ITEM: 7. hh. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD j,!::2 DATE: November 29, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file successor agency payments from November 14, 2012 to November 29, 2012 in the amount of $62,835.61 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: SAKim MADMIN — SA \COUNCIL- ADMIN- SA- 2013\ADMIN —SA 12- 11- 12.doc 9 A ADMINISTRATIVE REPORT U p MEETING DATE: December 11, 2012 AGENDA SECTION: Hearings ITEM: TO: Honorable Mayor and City Council FROM: Raul M Rojas, Public Works Director DATE: November 26, 2012 VED DEPARTMENT HEAD CITY ATTORNEY � CITY MANAGER /e SUBJECT: Public Hearing to consider Resolution to use a portion of City property as a Public Street 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 now completed 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 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 were also 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. At the November 14, 2012 Council meeting, Resolution of Intention No. 1721 set the Public Hearing date for December 11, 2012, for the proposed dedication of right -of -way. (PW -TMA) (T6K146) November 26, 2012, 12:49PM G:\GROUPDATWDMINRPT\2012 \12 -12 \Public Hearing For RW Dedication Stine & Hosking.Doc MEETING DATE: December 11, 2012 AGENDA SECTION: New Business ITEM: /Z , , TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: December 3, 2012 SUBJECT: Election of Vice - Mayor. RECOMMENDATION: To be determined by Council. BACKGROUND: APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Following a Council election, and in accordance with City Charter, Council shall elect one of its members to serve as Vice - Mayor. At the next regularly scheduled City Council meeting on January 9, 2013, and in accordance with Section 2.02.020 of the Municipal Code, the newly elected Vice -Mayor makes appointments to all committees. The following is a list of current standing, ad hoc committees and other Special Board appointees, to be filled on that date: Standing Committees: Budget and Finance Community Services Legislative and Litigation Personnel Water Resources Other Vice -Mayor Appointments: Planning and Development Safe Neighborhoods and Community Relations* (members serve on Joint City- County Standing Committee to Combat Gang Violence) Kern Council of Governments San Joaquin Valley Air Pollution Control District Kern Economic Development Corp. City Selection Committee Planning Commission Liaison Local Agency Formation Commission Solid Waste Management Advisory Metro Bakersfield Animal Control Committee Committee December 4, 2012, 1:02PM S:elections \admin rpt \2006 \vice - mayorelection BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 28, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Councilmembers Salas, Benham, Weir, Hanson, Johnson Absent: Vice -Mayor Couch, Councilmember Sullivan Administrative Assistant Lawrence announced that, at the request of staff, Consent Calendar Item 8.i. has been pulled, and at the request of the City Attorney, Closed Session Item 15.a. has been pulled from tonight's agenda. 2. INVOCATION by Pastor Joshua Kirstine, Olive Drive Church. 3. PLEDGE OF ALLEGIANCE by Carson Tenter, 15' grade student at Stockdale Christian School. Mayor Hall acknowledged the students from the Bakersfield College Political Science class and from the Ridgeview High School Government class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of the Key to the City and a plaque to Councilmember Rudy Salas. Councilmember Salas accepted the key and plaque, and made comments. ACTION TAKEN Bakersfield, California, November 28, 2012 — Page 2 5. PUBLIC STATEMENTS a. Danny O'Neal, Walter Mary Walker, and Wayne Anthony Walton, members of St. John Missionary Baptist Church; and Antonio Alfred, Pastor of St. John Missionary Baptist Church, spoke regarding the H2T Project, renaming Hayes Street to Tyree Toliver Street. City Attorney Gennaro provided a status update regarding this project. Councilmember Salas thanked the members of St. John Missionary Baptist Church, community members and City staff for working together on this project. b. Cindy Pollard, newly appointed President of the Greater Bakersfield Chamber of Commerce, introduced herself and indicated she is looking forward to working with the City. C. Dave Cross spoke regarding High Speed Rail, urged the City Council to refer the High Speed Rail Area Study around the station to a standing committee, or to one or more of the existing standing committees that help put together policy matters, and then refer back to the full Council; and submitted written material. d. Marvin Dean spoke regarding the following: in support of the application by St. John Missionary Baptist Church to rename Hayes Street to Tyree Toliver Street; congratulated Councilmember Salas for his election to the State Assembly; invited everyone to attend a community information meeting calling for a special election (submitted written material); and High Speed Rail (submitted written material). e. Terri Palmquist and Tim Palmquist spoke regarding a Human Life Ordinance, and submitted written material. 6. WORKSHOPS None. ACTION TAKEN Bakersfield, California, November 28, 2012 — Page 3 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 14, 2012 Regular City Council Meeting. Payments: b. Receive and file department payments from October 30, 2012 to November 13, 2012 in the amount of $8,834,083.04 and self- insurance payments from October 30, 2012 to November 13, 2012 in the amount of $308,977.82 totaling $9,143,060.86. ACTION TAKEN Ordinances: C. Adoption of the following Ordinances amending various sections of the Municipal Code: 1. Section 2.04.070 relating to City Council 4691 Meeting Order of Business. 2. Section 3.20.090(G) relating to formal 4692 contract procedures. 3. Section 5.08.080 relating to expiration of 4693 alarm system permit. 4694 4. Section 5.08.160 relating to alarm permit appeals. 5. Section 5.08.190 relating to violation of 4695 alarm regulations. 6. Section 5.32.060(A) relating to 4696 application for massage establishment and practitioner permit. 7. Section 10.44.060 relating to truck routes. 4697 8. Section 12.20.020(8) relating to 4698 revocation of encroachment permits. 9. Section 13.12.030 relating to 4699 development improvement standards and specifications. 4700 10. Section 15.74.190(A) relating to flood damage exemption and appeal 11. procedures. Section 15.78.090(C) relating to 4701 Metropolitan Bakersfield Habitat Conservation plan mitigation program violation /penalty. Bakersfield, California, November 28, 2012 — Page 4 8. CONSENT CALENDAR continued Item 8.c. continued 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(B) 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 authorizing application for all CalRecycle Grants for five years. e. Purchase of Holmatro Rescue Equipment: Resolution determining that Holmatro rescue equipment cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $168,000. ACTION TAKEN 4702 4703 4704 4705 4706 4707 4708 4709 4710 4711 4712 4713 4714 4715 RES 130 -12 RES 131 -12 Bakersfield, California, November 28, 2012 — Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.e. continued 2. Approve the purchase of seven replacement rescue tools from Fire Service Specification and Supply (FS3) (not to exceed $168,000). f. Changes to Salary Schedule and Revised Job Specifications: Amendment No. 5 to Resolution RES 140 -08(5) No. 140 -08 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Real Property Agent I. 2. Revised Job Specifications: Motor Sweeper Operator # 13270, Service Maintenance Worker # 13700, Real Property Agent 1 #26000. g. Resolution of Intention No. 1731 to accept ROI 1731 dedication of right of way for Coffee Road at the southeast corner of Coffee Road and Goesling Avenue (located near the intersection of Coffee Road and Norris Road). Agreements: h. Memorandum of Agreement with Kern Council of Governments for funding assistance in updating the Land Use and Circulation Elements of the Metropolitan Bakersfield General Plan. 1. Agreement with Kern Council of AGR 12 -152 Governments ($152,340) to reimburse the City for costs incurred in drafting updates to the land use and circulation elements of the Metropolitan Bakersfield General Plan. 2. Appropriate an additional $52,340 to the Development Services Capital Improvement budget in the Capital Outlay Fund. This new MOA will supersede MOA No. 07 -137. 8. Bakersfield, California, November 28, 2012 — Page 6 CONSENT CALENDAR continued ACTION TAKEN Agreement with Southern California Gas REMOVED BY STAFF Company (SCG) authorizing SCG to install data collection units on street light poles for the Advanced Meter Program. j. Independent Contractor's Agreement with AGR 12 -153 Spear Security and Management Company ($73,632)) for site security services at the Amtrak Station. k. Independent Contractor's Agreement with AGR 12 -154 Quad Knopf ($100,000) for providing on- call environmental services for non - federally funded Capital Improvement Projects for Fiscal Years 2012 -2013 and 2013 -2014. Reimbursement Agreement with North Kern AGR 12 -155 Water Storage District (not to exceed $53,253) for City's pro -rata share of costs to participate in Kern River Weather Modification Program for the 2012 -2013 season. M. Transportation Impact Fee Agreement with AGR 12 -156 Pulte Homes, Inc. (not to exceed $477,650.88), for improvements on State Route 178. n. Transportation Impact Fee Agreement with AGR 12 -157 Palma Homes, Inc. (not to exceed $61,174.31), for improvements constructed on Wible Road. o. Amendment No. 4 to Agreement No. 03 -310 for AGR 03- 310(4) employment of Virginia Gennaro as City Attorney. P. Contract Change Order Nos. 38, 55, 57, 58, 59, AGR 09 -076 CC038, CCO55, 67, 68, 69 and 73 to Agreement No. 09 -076 with CC057, CC058, Security Paving Company, Inc. ($177,084.91; CCO59, CC067, revised not to exceed $87,886,541.56; change CC068, CC069, orders funded with traffic impact fees), for the CC073 construction of the Westside Parkway Phase 2 Project. (TRIP) Bids: 1.1 9. `Iil Bakersfield, California, November 28, 2012 - Page 7 CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: q. Appropriate $2,500 contribution from Southern California Gas Company made to the Recreation and Parks Department Operating budget within the General Fund for the Escape School Event. Transfer $151,000 from the Watts /Coral Gables Park Project to the Contribution Account within the Park Improvement Fund to reimburse construction of multi -use fields at the Friendship House Community Center. Successor Agency Business: S. Receive and file successor agency payments from October 30, 2012 to November 13, 2012 in the amount of $22,321.06. Motion by Councllmember Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.s., with the removal of AB COUCH, item 8.1. SULLIVAN CONSENT CALENDAR PUBLIC HEARINGS None. HEARINGS a. Public hearing to consider the Resolution RES 132 -12 ordering the vacation of the remaining portion of the alley and access easement between 28th Street and the previously vacated 27th Street, east of Chester Avenue, and the public utilities easement (PUE) located in the same alley between 28th Street and lot 15 of Block 487. Public Works Director Rojas made staff comments and recommended adoption of the Resolution. Hearing opened at 5:52 p.m. No one spoke. Hearing closed at 5:53 p.m. Motion by Councllmember Benham to adopt APPROVED the Resolution. SULLIVAN COUCH, SU Bakersfield, California, November 28, 2012 - Page 8 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None, 14. COUNCIL AND MAYOR STATEMENTS Councilmember Solos thanked staff, the interns, and the college, high school and elementary students that helped improve the lives of everybody out in the community; he also thanked City Attorney Gennaro, City Manager Tandy, Community Development Director Mclsaac and his predecessor, Donna Kunz, Public Works Director Rojas, Planning Director Eggert and Building Director Burns for their assistance during his time on the City Council. Counciimember Weir congratulated Councilmember Solos on his election to the State Assembly. Councilmember Hanson wished Councilmember Solos and his family the very best. Counciimember Johnson congratulated Counciimember Solos and wished him the best of luck. Counciimember Benham congratulated Counciimember Solos. Mayor Hall recognized the efforts of the many groups and organizations that provided Thanksgiving meals to the less fortunate in our community. Mayor Hall acknowledged the efforts of the Keep Bakersfield Beautiful Committee in obtaining grant funding to place cigarette urns in the downtown area, and he also expressed his appreciation to the local artists who took the time and energy to paint the urns to add a complimentary decor in front of the various businesses. ACTION TAKEN Bakersfield, California, November 28, 2012 - Page 9 ACTION TAKEN 14. COUNCIL AND MAYOR STATEMENTS continued Mayor Hall expressed his appreciation to Don Hoggaft, Park Landscape Designer, who will be retiring in December after 35 years of service to the City; and also to Assistant Public Works Director Brad Underwood, who will be leaving the City after 26 years of service to pursue another career opportunity in northern California. 15. CLOSED SESSION a. Conference with Legal Counsel - Existing REMOVED BY STAFF Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Joe R. Slaughter, et al. v. City, et al: KCSC Case No. S- 1500 -CV- 271472 -WPD. 16. CLOSED SESSION ACTION None. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 6:01 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield