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BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JANUARY 23, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b) (3) (A) of Government Code Section 54956.9. (two matters)
4. CLOSED SESSION ACTION
5. ADJOURNMENT
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
2. INVOCATION by Dr. V. K. Jones, People's Missionary Baptist Church.
3. PLEDGE OF ALLEGIANCE by Andrea Mayorga, 11th grade student at Arvin High School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Coach Jeff Chudy and Athletic
Director Ryan Beckwith, declaring January 23, 2013 as Bakersfield College Football
Team Day.
b. Presentation by Mayor Hall of a Proclamation to Assistance League President
Lorraine Wilson and President -Elect Pat Davis, declaring February 16, 2013 as
Assistance League of Bakersfield Day.
5. PUBLIC STATEMENTS
6. WORKSHOPS
(15 min.) a. Update on Capital Improvement Program Budget. (Presentation by Raul Rojas Public
Works Director)
Staff recommends acceptance of the report.
7. APPOINTMENTS
a. One appointment to the Planning Commission due to the resignation of Dr. Dean
Haddock (Ward 3), whose term expires April 30, 2013.
Staff recommends Council determination.
b. Three appointments to the Keep Bakersfield Beautiful Committee, due to the
expiration of terms of Regular Member John Enriquez and Alternate Member Susan
Stussy (Mayor), whose terms expire January, 2013, and the resignation of Alternate
Member Sheryl Graab (Ward 7), whose term expires November, 2014.
Staff recommends Council determination.
C. Appointment of one Regular Member and one Alternate Member by Vice -Mayor
Weir to the Special City Selection Committee of the San Joaquin Valley Air Pollution
Control District.
To be determined by Vice -Mayor and ratified by Council.
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the January 9, 2013 Regular City Council Meetings.
Payments:
b. Receive and file department payments from December 27, 2012 to January 10, 2013
in the amount of $19,820,758.48 and self- insurance payments from December 27,
2012 to January 10, 2013 in the amount of $244,542.74 totaling $20,065,301.22.
Ordinances:
C. Adoption of Ordinance amending Section 13.12.030 relating to Development
Improvement Standards and Specifications (regarding bicycle and pedestrian
facilities). (FR 01/09/13)
Resolutions:
d. Resolution accepting grant funds ($700,000) from the Federal Cooperative
Endangered Species Conservation Fund,
Agreements:
(Ward 3) e. Agreement with GC Environmental, Inc. (not to exceed $500,000), for landfill gas
system services for the Bakersfield Sanitary Landfill Closure Project.
(Ward 1,2) f. Cooperative Agreement with State of California Department of Transportation
(Caltrans) for the plans, specifications and estimate and right -of -way phases for the
Centennial Corridor Project. (TRIP)
g. Agreement with William Avery and Associates, Inc. (not to exceed $49,800, including
expenses), for labor negotiation and consulting services, for January 1, 2013 through
December 31, 2013.
City Council Meeting of 1/23/2013
8. CONSENT CALENDAR continued
h. Financial planning for the Thomas Roads Improvement Program:
1. Amend departmental contract with Fieldman, Rolap and Associates from
$32,500 to $125,000 (adding $92,500) for Financial Advisory Services
associated with application for Federal TIFIA loan funds and development of
a comprehensive financial plan.
2. Agreement with Kutak Rock LLP ($125,000), for Special Bond Counsel Services
associated with Federal TIFIA loan application and the City's financing plan
the TRIP projects.
3. Appropriate $217,500 fund balance to the non - departmental operating
budget within the Capital Outlay Roads (utility surcharge) Fund for the above
services.
Amendment No. 1 to Agreement No. 12 -135 with George F. Martin of Borton Petrini,
LLP ($100,000, revised not to exceed $250,000), to provide outside legal services in
matters related to property tax and contract issues involving the County of Kern.
(Ward 2) j. Contract Change Order Nos. 13, 30, 38, 48 and 50 to Agreement No. 08 -214 with
Security Paving Company, Inc. (- $1,209,270.71; revised not to exceed
$28,186,047.95), for the construction of the Westside Parkway Phase 1 Project. (TRIP)
(Ward 2,4,5) k. Contract Change Order Nos. 46, 66, 70, 74, 76, 81, 89, 90, 92, 93, 94, 96, 99, 100 and
101 to Agreement No. 09 -076 with Security Paving Company, Inc. ($1,194,301.25;
revised not to exceed $89,869,349.49; change orders Utility Surcharge revenues) for
the construction of the Westside Parkway Phase 2 Project. (TRIP)
Bids:
(Ward 2) I. Accept bid from Integrated Network ($105,419) for one Microwave Radio (System 1)
for the Public Works Department, Communications Division.
(Ward 2) M. Accept bid from Dell ($58,300.51) for a Dell EqualLogic PS6400E storage area
network for the Information Technology Division.
n. Accept bid from H. W. Hunter, Inc. ($88,011), for five replacement four door midsize
sedans for the Police Department.
Miscellaneous:
o. Revised job specifications for Canal Tender II, Park & Landscape Designer, Traffic
Operations Technician and Traffic Painter II.
(Ward 3) P. Grant Deed to State of California for real property located at the northeast corner of
Fairfax Road and State Route 178 for the Fairfax Road Interchange Project. (TRIP)
Successor Agency Business:
q. Receive and file successor agency payments from December 27, 2012 to
January 10, 2013 in the amount of $130,988.10.
Staff recommends adoption of Consent Calendar items 8a. through 8.q,
City Council Meeting of 1/23/2013
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
(Ward 2) a. First Reading of Ordinance adopting a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal Code by changing the zone district
from P.C. D. (Planned Commercial Development) to C -C (Commercial Center) on
1.47 acres located on the west side of Baker Street between Lake and Kentucky
Streets (ZC # 12 -0416 - The Kern County Housing Authority in partnership with the City.
Staff recommends first reading of Ordinance.
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
1/16/13 9:03am
Respectfully submitted,
J2aiL4J �!� .
Alan Tandy
City Manager
4 City Council Meeting of 1/23/2013
AGENDA'MGHLiGHTS
January 23, 2013 COUNCIL MEETING
REGULAR MEETING - 3:30 p.m.
NOTE: In accordance with the new starting time for City Council meetings that went Into
effect as of 2013, a separate meeting will be called to order at 3 :30 p.m., followed by
Public Statements that will encourage comments pertaining only to Closed Session
ors. The Council will recess Into Closed Session and, upon conclusion of the Closed
Session, any Closed Session action will be announced and the meeting will be adjourned.
At 5:15, the Regular Meeting will be called to order to address the remainder of the
agenda Items.
Mom 6a. There will be a conference with the Labor Negotiator and a conference with
legal counsel regarding two matters of potential initiation.
REGULAR MEETING - 5:15 P.M.
WORKSHOPS
The Public Works Director will present a mid -year update on the Capital Improvement
Program.
Item 8d. Grant funds for development of a new Metro Bakersfield Habitat Conservation
Plan ,(HCP). In 2011, the City and the California Department of Fish and Wildlife (CDFW)
received Federal grant funding in the amount of $427,000 under the Endangered Species
Act to be used for development of a new metro HCP (permits for the current plan expire in
August, 2014), The City received $347,742 which we are currently using for the expense of
developing the new HCP; the State received the balance for their administrative costs of
managing the HCP grant program. In 2012, an additional $945,000 was awarded to the
City and the CDFW, of which the City will receive $700,000. This agenda item requests
formal acceptance of the funding, as required by the Federal procedures.
Item 8p. Labor Negotiation and Consulting Services for 2013. The City has contracted
with William Avery and Associates for the past 27 years for labor relations and consulting
services. They have assisted with numerous labor agreements and have extensive history
and knowledge of the City's labor relations and past labor practices, both of which are
critical to ongoing union negotiations and labor matters. In March 2012, the City entered
It
into an agreement with Avery and Associates through December 2012. This agenda item
requests approval an agreement through December 31, 2013, with no increase to the
existing fee structure. The total cost is not to exceed $49,800.
Item 8h. Financial Planning for TRiP projects and the Hosking/Highway 99 Interchange
project. The 2012 Federal transportation bill, MAP 21, included a new financing
mechanism, the Transportation Infrastructure Finance and Innovation Act (TIFIA), which the
City wishes to pursue as a component of the overall financing plan of the various TRIP
projects and the Hosking Road /Freeway 99 interchange project. Because the TIFIA loan
application process is complex, the City began work, in 2012, under a departmental
agreement Fleldman, Rolap, and Associates, a firm which has experienced past success
with the TIFA loan process. Considerable progress has been made, to date, and staff is
now requesting the original departmental contract in the amount of $32,500 be amended
to add $92,500, for a total of $125,000, to complete the loan process and develop a
financial plan. In addition, as the assistance of a special bond attorney is needed, staff is
requesting approval of an agreement in the amount of $125,000 with Kutak Rock. They
are well experienced and have performed very successfully for the City In the past.
Funding for the requested amounts of $125,000 for each firm will be from the local utility
surcharge funds. This item also requests Council approval to appropriate $217,000 to the
non - departmental operating budget within the Capital Outlay Roads (utility surcharge)
Fund. Staff expects these expenditures will result in significant progress of the financial
plan for the various TRIP projects and the Hosking /99 project.
Item 13a. Baker Street Villaae - Phase II Zone Change, Following the successful
completion of the Phase 1 revitalization project on the east side of Baker Street, the Kern
County Housing Authority, in partnership with the City, wishes to develop a 50 -unit multi-
family housing project on the west side of Baker Street, between Lake and Kentucky
Streets. However, in order to move forward, the existing Planned Commercial
Development (PCD) zone needs to be changed to Commercial Center (C -C) zoning. The
CC zoning allows more review flexibility and will included shortened processing times,
which is crucial to the financial viability of the project. The Phase II funding is a
combination of various Federal sources, including $23M in City Neighborhood Stabilization
Program (NSP) funds. $830,000 of the NSP funding must be spent by March 2013, and the
remaining $1.47M must be spent by March 2014. In order to spend the NSP3 funds in the
required time frame, the Housing Authority must apply for and receive the Low Income
Housing Tax Credits in the March 2013 cycle. If the PCD zone remains, it will not be
possible for the Housing Authority to complete all of the architectural plans for a public
hearing by the Planning Commission by the tax credit application deadline. Loss of the
credits will result in the loss of the NSP3 funds, which render the project financially unviabie.
The Planning Commission voted 3-2 to change the zoning to C -C, but with the addition of
the PCD combining zone. However, since the Housing Authority intends to satisfy all of the
City's development standards and there were no public comments at the Planning
Commission hearing, there is really no need for the PCD overlay. In order to receive the
NSP3 funding needed to move forward with the Phase II project, staff recommends first
Agenda Highlights - January 23, 2013 Council Meeting
Page 2
reading of the ordinance with the C -C zoning as originally proposed in the application,
which would not include the PCD combining zone recommended by the Planning
Commission.
Approved:
Alan Tandy, City Manager
cc; Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - January 23, 2013 Council Meeting
Page 3
C
ADMINISTRATIVE REPORT
MEETING DATE January 23, 2013 AGENDA SECTION: Closed Session
ITEM: ,3. Q,
TO:
FROM:
DATE:
SUBJECT:
VG:Isc
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
January 14, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Labor Negotiator pursuant to Government Code section
54957.6.
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ADMINISTRATIVE REPORT
MEETING DATE January 23, 2013 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: January 14, 2013
DEPARTA
CITY
CITY
SUBJECT: Conference with Legal Counsel — Potential Litigation
Closed session pursuant to subdivision (b) (3) (A) of Government Code section
54956.9 (two matters).
VG:Isc
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MEETING DATE: January23, 2013 AGENDA SECTION: Presentations
ITEM: l.}
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Mayor Harvey L. Hall
January 23, 2013
APPROVED
DEPARTMENT HEA r
CITY ATTORNEY
CITY MANAGER
Presentation by Mayor Hall of Proclamation declaring January 23, 2013, as "Bakersfield
College Football Team Day" to Coach Jeff Chudy, and Athletic Director Ryan Beckwith.
RECOMMENDATION:
BACKGROUND:
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January 11, 2013, 9:35AM
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MEETING DATE: January Z3, 2013 AGENDA SECTION: Presentations
ITEM: L}, .
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: January 23, 2013
APPROVED
DEPARTMENT HEADk,j�(f
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Presentation by Mayor Hall of Proclamation declaring February 16, 2013, as "Assistance
League of Bakersfield Day" to Assistance League President Lorraine Wilson and President -
Elect Pat Davis.
RECOMMENDATION:
BACKGROUND:
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January 11, 2013, 10:23AM
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(D ADMINISTRATIVE REPORT
MEETING DATE: January 23, 2013 AGENDA SECTION: WORKSHOPS
ITEM: (o.0..
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: January 10, 2013
APPROVED
DEPARTMENT HEAD A-,
CITY ATTORNEY ✓
CITY MANAGER
SUBJECT: Update on Capital Improvement Program Budget
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: The Public Works Director will present a mid -year report on the Capital
Improvement Program.
PW /ENGR /ADR
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MEETING DATE: January 23, 2013 AGENDA SECTION: Appointments
ITEM: -7. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
January 11, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
One appointment to the Planning Commission due to the resignation of
Dr. Dean Haddock (Ward 3), whose term expires April 30, 2013.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND: There is one appointment to the Planning Commission due to the resignation
of Dr. Dean Haddock (Ward 3), whose term expires April 30, 2013.
Applications for appointment were received from the following:
• Dustin Dodgin
• Jenifer Pitcher
• John Simmons
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of
nomination. In accordance with this ordinance, the appointment shall be made by the
Councilmember of Ward 3.
The Planning Commission is an advisory body to the City Council. It is composed of seven (7)
regular members, nominated by the Councilmember of the ward which corresponds with the
commission vacancy. Additionally, Planning Commission members must be residents of the City
throughout their four -year terms, but not of a specific ward of the nominating Councilmember.
Commission duties are to maintain and interpret the City's General Plan and recommend
methods of implementation; maintain the City's zoning ordinance and make recommendations
for improvement; review the City's Capital Improvement Plan for consistency with the General
Plan; review and approve subdivisions and parcel maps; and conduct hearings on all of the
above items and on any appeals of site plan review.
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January 11, 2013, 11:16AM
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OF
ADMINISTRATIVE REPORT
9 IF
MEETING DATE: January 23, 2013 AGENDA SECTION: Appointments
ITEM: 7, b.
TO: Honorable Mayor and City Council
FROM: Roberta Gafford, City Clerk
DATE: January 11, 2013
APPROVED
DEPARTMENT HEAD
*-
CITY ATTORNEY
CITY MANAGER /W
SUBJECT: Three appointments to the Keep Bakersfield Beautiful Committee due to the
following:
1. Expiration of terms of Regular Member John Enriquez (Mayor), Alternate
Member Susan Stussy (Mayor), whose terms expire January, 2013; and
2. Resignation of Alternate Member Sheryl Graab (Ward 7), whose term expires
November, 2014.
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND: There are three vacancies on the Keep Bakersfield Beautiful Committee.
Recruitments were held for two Mayoral appointments and one Ward 7 appointment.
The Mayoral representatives are John Enriquez, Regular Member, and Susan Stussy, Alternate
Member. Their terms expire in January, 2013.
The Ward 7 Alternate Member, Sheryl Graab, recently resigned her position. Her term expires in
November 2014.
Applications for these appointments were received from the following:
Mayor- Reaular Member
• John Enriquez
• Bruce Blythe
• Cathy Butler
• Donna Webb
Ward 7 - Alternate
• Bruce Blythe
• Donna Webb
Mayor - Alternate
• Susan Stussy
• Bruce Blythe
• Donna Webb
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
January 11, 2013, 9:48AM
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ADMINISTRATIVE REPORT
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 November 26, 2012.
January 11, 2013, 9:48AM
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RG:al
MEETING DATE: January 23, 2013 AGENDA SECTION: Appointments
ITEM: 7, a.
TO: Honorable Mayor and City Council
FROM: Roberta Gafford, City Clerk
DATE: January 11, 2013
APPROVED
A
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER <5
SUBJECT: Appointment of one Regular Member and one Alternate Member by Vice -Mayor
Weir to the Special City Selection Committee of the San Joaquin Valley Air Pollution
Control District.
RECOMMENDATION:
To be determined by Vice -Mayor and ratified by Council.
BACKGROUND: In accordance with Section 2.02.020 of the Municipal Code, the
appointments to committees are made by the newly elected Vice - Mayor, with ratification by the
Council.
Currently, there is one regular appointment and one alternate appointment required to be
made to the Special City Selection Committee of the San Joaquin Valley Air Pollution Control
District.
In 2009, SB 1548 established a valley -wide Special City Selection Committee which is charged
with making appointments of city representatives to the San Joaquin Valley Air Pollution Control
District Governing Board. The membership of this Committee consists of one member from each
city council in the district. Should the councilmember be unable to attend, an alternate may be
designated to attend and vote in his /her place.
RG
January 11, 2013, 12:21 PM
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MEETING DATE: January 23, 2013 AGENDA SECTION: Consent Calendar
ITEM: A.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
January 11, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Approval of Minutes of the January 9, 2013 Regular City Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: January 23, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: January 10, 2013 CITY ATTORNEY 11'k
CITY MANAGER &_
SUBJECT: Receive and file department payments from December 27, 2012 to January 10,
2013 in the amount of $19,820,758.48, Self Insurance payments from December
27, 2012 to January 10, 2013 in the amount of $244,542.74, totaling $20,065,301.22
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
January 10, 2013, 4:50PM
SAKim GWDMIN \COUNCIL - ADMIN- AP- 2013\ADMIN —AP 012313.doc
MEETING DATE: January23, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
January 10, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Adoption of Ordinance Amending Section 13.12.030 Relating to Development
Improvement Standards and Specifications.
RECOMMENDATION:
Staff recommends adoption of the proposed ordinance amendment.
BACKGROUND:
This amendment updates the list of current standard manuals used by the City to add the
following standard manuals related to pedestrian and bicycle facilities:
1. Guide for the Planning, Design, and Operation of Pedestrian Facilities, AASHTO, 1st
Edition; and
2. Guide for the Development of Bicycle Facilities, AASHTO, 4th Edition.
The ordinance had first reading on January 9, 2013.
AH:Isc
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MEETING DATE: January 23, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8-d.
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEADd/
DATE: January 2, 2013 CITY ATTORNEY
CITY MANAGER_ &
SUBJECT: Resolution accepting grant funds ($700,000) from the Federal Cooperative
Endangered Species Conservation Fund. (All wards)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
On August 24, 1994, permits were issued to the City of Bakersfield and County of Kern by the
U.S. Fish and Wildlife Service (USFW) and California Department of Fish and Wildlife (CDFW) for
the Metropolitan Bakersfield Habitat Conservation Plan (HCP). These permits allow the "take"
and include payment of impact fees to reduce the effects of urban development upon
sensitive species in the metropolitan area. Both permits are slated to expire in August 2014;
however, both the City and County have requested an extension of time to these permits
since it is anticipated a new HCP will not be completed by the 2014 expiration date. This
extension would cover the time between the old and new HCP, (that request is still under
consideration by the wildlife agencies).
For the past three years, City staff in cooperation with the CDFW has applied for grants being
offered through the Federal Cooperative Endangered Species Conservation Fund
(authorized under Section 6 of the Endangered Species Act) with the intent to provide
funding for the development of a new Metro HCP. On August 25, 2011, the U.S. Department
of the Interior awarded the CDFW and City $427,000 to begin preparation of a new
Bakersfield HCP. The City will receive $347,742 of those funds, the remainder going to the
State of California for administrative costs of managing the HCP grant program. The grant
required a matching fund of $150,000, which has been satisfied by providing documentation
on City staff time and overhead since the HCP grant work commenced. The work associated
with the funding will complete by March 2013.
ADMINISTRATIVE REPORT
Page 2
On August 23, 2012, the U.S. Department of the Interior awarded the CDFW and City a
second HCP planning grant of $945,000 to continue the previously funded effort, of which the
City will receive approximately $700,000, as determined by the CDFW agreement. The HCP
planning grant matching fund of $315,000 will be met, as before, by providing
documentation of time worked and overhead from all parties involved in the new HCP over
the term of the grant (three years). In accordance with the procedures established by the
U.S. Department of Interior, the City is required to formally accept these Section 6 funds by
formal resolution.
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(0 ADMINISTRATIVE REPORI
MEETING DATE: January 23, 2013 AGEND SECTION: Consent Calendar
ITEM: C
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 7, 2013
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
Agreement with GC Environmental, Inc. (not to exceed $500,000) for Landfill Gas
System Services for the Bakersfield Sanitary Landfill Closure Project (Ward 3).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City is required to perform periodic monitoring, reporting, adjusting,
repairing, planning, design, and additions to the landfill gas system at the old Bakersfield
Landfill.
Because the final closure of the 85 acre landfill, which had been inactive since 1983, is being
completed in January 2013, the City intends to continue its direct involvement in system
monitoring and maintenance due to the sensitivity for adjoining residential areas.
Staff issued a request for proposals (RFP) to seven firms that provide landfill gas system services.
Proposals were received from two qualified firms. After reviewing the two submitted RFPs for
both qualifications and fee proposals, staff recommends award of this agreement to GCE
because of their RFP being the most favorable to the City as follows:
1. GCE is the most qualified firm, having a strong track record of good performance on
prior contracts.
2. The schedule of hourly rates in the GCE fee proposal was significantly better than the
only other proposal received.
This proposed agreement for $500,000 provides monitoring, reporting, adjusting, repairing,
planning, design, and additions to the landfill gas system at the old Bakersfield Landfill. The
term of this agreement is for five years.
Sufficient funds are budgeted to cover the costs associated with this agreement over the five
year period. There is no General Fund impact associated with this agreement.
KB /mh
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ADMINISTRATIVE REPORT
MEETING DATE: January 23, 2013 AGENDA SECTION: Consent Calendar
ITEM: 15, P.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: January 8, 2013
VD
DEPARTMENT HEAD
CITY ATTORNEY p F
CITY MANAGER /w
SUBJECT: Cooperative Agreement with the State of California Department of
Transportation (Caltrans) for the Plans, Specifications and Estimate (PS&E) and
Right -of -Way (ROW) phases for the Centennial Corridor Project. (TRIP) (Wards
1 and 2)
RECOMMENDATION: Staff recommends approval of Cooperative Agreement.
BACKGROUND: The Centennial Corridor Project is part of the Thomas Roads Improvement
Program (TRIP). Caltrans and the City have been working together on the Environmental
Phase for this project pursuant to Cooperative Agreement No. 08 -055, approved by Council
on March 26, 2008. This Cooperative Agreement outlines the responsibilities of both the City
and Caltrans regarding the PS&E and ROW phases of the project, and is a requirement to
obtain the necessary federal funds to move this project forward.
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{ BA A
ADMINISTRATIVE REPORT
1
MEETING DATE: January 23, 2013 AGENDA SECTION: Consent
ITEM:
TO: Honorable Mayor and City Council
FROM: Christi Tenter, Human Resources Manager
DATE: January 8, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Agreement with William Avery & Associates, Inc., (not to exceed $49,800, including
expenses) for labor negotiation and consulting services, for January 1, 2013 through
December 31, 2013.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
On March 26, 2012, the City Council approved an extension to the City's agreement with William
Avery & Associates, Inc. (Avery & Associates) to continue providing labor relations consulting
services to the City through the end of 2012. That extension continued the ongoing relationship
the City has had with Avery & Associates, which has spanned the last 27 years. Over that time,
Avery & Associates has provided the City with labor relations consulting services, including serving
as the City's labor negotiator.
Avery & Associates has built a solid foundation with the City's various labor groups, staff and City
Council over the post 27 years, which has assisted in reaching numerous labor agreements over
that time. In addition, Avery & Associates has a unique understanding of the City's labor relations
history and knowledge of past labor practices which are critical to ongoing union negotiations
and labor matters.
Avery & Associates has agreed to continue providing services to the City without increase to the
existing fee structure. It should be noted that the current fee structure was reduced by 10% in
2010 as a result of the downturn in the economy and the subsequent impact to the City's
finances. This extension will provide for the continuation of the City's relationship with Avery &
Associates through December 31, 2013 and will include a monthly fee for service of $3,150 and a
maximum of 12,000 in travel and lodging expenses for the term of the agreement. The total cost
of the agreement is not to exceed $49,800.
MEETING DATE: January 23, 2013 AGENDA SECTION:
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: January 11, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Financial planning for the Thomas Roads Improvement Program:
APPROVED
1. Amend departmental contract with Fieldman, Rolap and Associates from $32,500 to
$125,000 (adding $92,500) for Financial Advisory Services associated with application for
Federal TIFIA loan funds and development of a comprehensive financial plan;
2. Contract with Kutak Rock LLP in the amount of $125,000 for Special Bond Counsel
services associated with Federal TIFIA loan application and the City's financing plan for
the TRIP projects; and
3. Appropriate $217,500 fund balance to the non - departmental operating budget within
the Capital Outlay Roads (utility surcharge) Fund for the above services.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
In July 2012 the United States Congress enacted a new surface transportation bill known as
MAP 21. The bill included a financing mechanism known as the Transportation Infrastructure
Finance and Innovation Act (TIFIA). While the previous transportation bill had a TIFIA
component, the MAP 21 program significantly increased the funding available through the
program and dramatically increased the funds available within the program.
The City was interested in pursuing the opportunity of using the new TIFIA program to aide in
the overall financing plan of the various TRIP projects. Parsons and City staff searched for
financial advisors who could assist us with the application process, which is both lengthy and
complex. In August 2012 the City entered into a departmental agreement with the company
of Fieldman, Rolapp and Asssociates, who had a depth of experience within their company
and also had some past success with the TIFIA loan process with another Parsons client. The
consultant was hired at an hourly rate with initial funding available of $32,500 to get a jump
start on the TIFIA loan package. Over the past few months we have made good progress on
drafting both the TIFIA loan package and a draft financial plan, which is a required
component of the TIFIA application.
We are now at a point where we need to add money to the consultant contract to both
complete the TIFIA loan application and we also want to continue working with the financial
advisor to fully develop a global financial plan.
SAAdmin \Admin Reports \Admin - trip bond financing support contracts.doc
ADMINISTRATIVE REPORT
We also need to bring on a special bond attorney to assist with our work on the TIFIA loan and
the City's financial plan. Staff from both Finance and the City Attorneys' office recommend
we contract with the legal firm of Kutak Rock LLP for the legal services associated with the
various TRIP financing needs. Kutak Rock is very experienced in assisting public agencies with
a wide range of financings. Kutak Rock also assisted the City with our large Wastewater
Revenue bonds in 2007 and with the refunding of the Arena bonds in 2006.
Staff is recommending we add $92,500 to the Fieldman contract, bringing its new amount up
to $125,000. We also recommend initiating a contract with Kutak Rock for $125,000. The
proposed funding for these costs is the use of our local -Utility Surcharge funds. Both contracts
are hourly based to continue work on the TIFIA loan process and further develop an overall
financing plan for the various TRIP projects. We are also working on the inclusion of the
Hosking Road / Freeway 99 interchange into the financing plan. We expect these contract
amounts to get us well into the initial financing needs of the program, at which time we can
determine how best to fund any further costs regarding our financial advisor or attorney.
Future options would be to continue to pay as we go through the process or to include these
support service costs in a future financing package.
Nks- 1/15/13
S: \Admin \Admin Reports \Admin - trip bond financing support contracts.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: January 23, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9, i.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: January 11, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY V(-1-
CITY MANAGER s
SUBJECT: Amendment No. 1 to Agreement No. 12 -135 with George F. Martin of Borton Petrini,
LLP ($100,000; revised not to exceed $250,000) to provide outside legal services in
matters related to property tax and contract issues involving the County of
Kern.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On July 17, 2012, the City entered into Agreement No. CAI 2-006 with George F. Martin of Borton
Petrini, LLP for legal representation in matters related to property tax and contract issues involving
the County of Kern.
On October 17, 2012, the City amended Agreement No. CAI 2-006 for additional compensation
in the amount of $60,000; which said agreement became known as Agreement No. 12 -135.
At this time, the City Attorney's Office requests that we amend the contract to extend the term
through December 31, 2013 and add additional compensation. This Amendment No. 1 to
Agreement No. 12 -135 will result in a total Not to Exceed amount of $250,000 in order for outside
counsel to continue representation. There are adequate funds in the City Attorney's budget to
cover the legal fees.
VG:ac
SA COUNCIL\ Admins\ 12 -13 Admins \AttyAgrl2- 135Amdl.GMartin.docx
MEETING DATE: January 23, 2013 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: January 11, 2013
APPROVED
DEPARTMENT HEAD__
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 13, 30, 38, 48, and 50 to Agreement No. 08 -214 with
Security Paving Company, Inc. (- $1,209,270.71; for a revised not to exceed amount
of $28,186,047.95) for the Construction of the Westside Parkway Phase I Project (TRIP)
(Ward 2).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of the first phase of the Westside
Parkway project which includes the new construction and widening of Mohawk Street from
Rosedale Highway to Truxtun Avenue. The project includes bridges over the Kern River, the BNSF
railroad, as well as over the future Westside Parkway. The roadway includes provisions for on and
off ramp connections to the future Westside Parkway,
Change Order No. 13 provides for modifications to the construction of the water system as
requested by the City's Water Department. These modifications include many deletions of
features in the water system as well as the addition of a steel casing to protect the mater mainline
from several oil line crossings. This change order results in an estimated decrease of $60,247.00.
Change Order No. 30 provides for modifications to the originally proposed Refinery Avenue Cul-
de -Sac and access roads to the Kern County Water Agency and BNSF railroad properties per their
request. These modifications resulted in the Increase and decrease of several bid Items as
specified in the change order. Staff and the contractor have reviewed the costs for these
modifications; however, concurrence has not yet been reached. Staff estimates an Increase of
$33,302.60. The contractor has not signed this proposed Change Order since the contractor does
not concur with this amount. Staff recommends approval of this Change Order using the staff
calculated cost and without the contractor's signature. If the contractor later submits
acceptable justification for a revision to this cost, staff will review the additional information and if
changes are warranted, a revised contract change order will be placed on a future council
agenda. This change order results in an estimated increase of $ 33,302.60.
Change Order No. 38 provides for the elimination of staining for the architectural surface as
originally required in the plans and specifications. This change order results in an estimated
decrease of $33,723.24.
Change Order No. 48 provides for the reduction of 58 working days in the contract due to the
elimination of some railroad restrictions that had been originally specified by the railroad
company. This change order results in a net decrease of $92,800.00.
Tdw:G: \GROUPDATWDMINRPT \2013 \01- 23Wdmin Rpt CCO 1330384850 WSP Phase 1.docx
ADMINISTRATIVE REPORT
,I N INN,
Change Order No. 50 provides for a balancing of bid items that were either under -runs or over-
runs from the designer estimated quantities the contractor bid. Staff and the contractor have
reviewed the costs for this balancing change order; however, concurrence has not been
reached. Staff estimates a net credit to the City in the amount of $1,055,803.07 as presented in
the change order. The contractor has not signed this proposed Change Order since the
contractor does not concur with this amount. Staff recommends approval of this Change Order
using the staff calculated cost and without the contractor's signature. If the contractor later
submits acceptable justification for a revision to this cost, staff will review the additional
information and if changes are warranted, a revised contract change order will be placed on a
future council agenda. This change order results in an estimated decrease of $ 1,055, 803.07.
Staff recommends approval of Contract Change Orders No, 13, 30, 38, 48, and 50. Change
Orders to date, including these proposed Change Orders, total $457,828.14. This is a 1.65%
increase over the Agreement as illustrated below;
• Original Contract Amount = $ 27,728,219.81
• Previous Change Orders = $ 1,667,098.85
• Current Change Order Nos. 13, 30, 38, 48, and 50 = $-$1, 209,270.71
• Amended Contract Agreement after Change Orders = $ 28,186,047.95
Net Increase to date = $ 457,828.14
Sufficient funds have been previously budgeted to pay for these contract change orders.
Tdw:G: \GROUPDATWDMINRPT \2013 \01- 23Wdmin Rpt CCO 1330384850 WSP Phase 1.docx
MEETING DATE: January 23, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: January 15, 2013
APPROVED
DEPARTMENT HEAD /IF
CITY ATTORNEY— 46�L -
to
CITY MANAGER
SUBJECT: Contract Change Order Nos. 46, 66, 70, 74, 76, 81, 89, 90, 92, 93, 94, 96, 99, 100, and
101 to Agreement No. 09 -076 with Security Paving Company, Inc. ($1,194,301.25;
revised not to exceed $89,869,349.49; change orders funded with Utility Surcharge
revenues) for the construction of the Westside Parkway Phase 2 Project (TRIP) (Wards
2,4 and 5).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: Phase 2 of the Westside Parkway Project includes the construction of a 6 -lane
freeway from Mohawk Street to Allen Road. Also included in the project is the construction of
interchanges at Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta
Avenue (no interchange at this location).
Change Order No. 46 provides for the re- grading of the roadway ahead of the paving operations
between Jewetta Avenue and Allen Road. This work is necessary to provide a uniform layer of
compacted natural soil which in some areas of the project is very sandy and unsuitable for heavy
equipment operations. This change order results in an estimated increase of $ 34,820.00.
Change Order No. 66 provides for the installation of a retaining wall at the west end of the project
for the Allen Road eastbound on ramp. This wall was not part of the plan set and is needed to
construct the embankment for the ramp. Originally, the freeway terminus was designed to be a
temporary T- intersection and no ramps were necessary. However, after further review and
analysis, this temporary intersection was deleted from the project and instead the Allen Road
bridge was constructed (Phase 6B). This change order results in an estimated increase of
$153,750.50.
Change Order No. 70 provides for additional work, as required by the Kern County Water Agency
(KCWA) to the construction of the Tosco -Petro Box Culvert. This additional work is beyond the work
specified in the original plan set and specifications approved with change order No. 21. The work
includes the removal of coke material from KCWA's right -of -way, installing air vents in the canal
turnout structure, providing some temporary fencing, and pressure washing the interior of the box
culvert structure. This change order results in an estimated increase of $50,000.00.
Change Order No. 74 provides for additional cement content to the Lean Concrete Base (LCB).
Per the State Standard Specifications used for the project, the unit price given at bid time
includes up to 270 pounds of cement per cubic yard of concrete. The specification states that
after testing the proposed specified mix for LCB, the strength of the LCB should reach 700 psi in 7
days; if it does not, the engineer will direct the addition of cement to a maximum of 300 pounds
per cubic yard of LCB. This change order results in an estimated increase of $64,369.83.
Lt; Tdw GAGROUPDATWDMINRPT \2013 \01- 23Wdmin Rpt CCO's WSP Phase 2 REV2.docx
Change Order No. 76 provides for the construction of an Asphalt Concrete (AC) Dike Pad. As
specified in the contract documents, the AC dike is to be installed over the original ground.
However, due to the very sandy and un- cohesive nature of the existing soil in the project, the
engineer is recommending to install a 2" AC pad beneath the dike to provide a stable and sound
surface for the dike to bond to. This change order results in an estimated increase of $91,442.08.
Change Order No. 81 provides for modifications to the median concrete barrier in the vicinity of
the Calloway Drive overcrossing structure. The type of concrete barrier specified in the plans is not
suitable for this location due to the bridge columns. The concrete barrier needs to be changed
from a type 60 to a type 60D modified which provides protection to the bridge columns. This
change order results in an estimated increase of $ 55,716.00.
Change Order No. 89 provides compensation to the contractor for costs incurred due to a
conflict with the installation of a sewer pipeline and two 12" steel casings not shown in the plans
and of unknown ownership. Also, this change order includes the installation of 20 feet of 8" steel
casing at the crossing of the sewer line and a 16" water mainline. This casing was not originally
reflected in the bid plan set. This change order results in an estimated increase of $15,000.00.
Change Order No. 90 provides for compensation to the contractor for additional hauling and
handling of coke material during the excavation activities of the project in the refinery area. Coke
material was discovered in much greater amounts than anticipated and at.various locations. This
material has to be special - handled to comply with the State Department of Toxic Substances. This
change order results in an estimated increase of $105,000.00.
Change Order No. 92 provides for additional rental and maintenance of 3 temporary pumps for
the Jewetta Avenue sewer bypass. This change order provides supplemental funds to change
order No. 29 previously approved by City Council. This change order results in an estimated
increase of $535,000.00.
Change Order No. 93 provides compensation to the contractor for reconstituting the drainage
system, sprinklers and general landscaping on businesses fronting Brimhall Road east of Coffee
Road. Removal or modification to these facilities is necessary for the widening of Brimhall Road,
but the re- establishment of the affected existing improvements was not reflected in the bid
documents. This change order results in an estimated increase of $12,000.00.
Change Order No. 94 provides for modifications to the installation of the Jewetta Avenue
waterline system. At the request of the City's water department, about 145 linear feet of 12" PVC
C900 pipe and twelve 45 degree elbows were added to the plans. This change order results in an
estimated increase of $ 70,000.00.
Change Order No. 96 provides compensation to the contractor for Asphalt Concrete Price Index
Fluctuations per the State Standard Specifications. This provision accounts for the change in oil
prices from bid time to the prices at placement of the Asphalt Concrete. This change order
results in an estimated increase of $465,000.00.
Change Order No. 99 provides for modification to the staging and traffic control plans at the
vicinity of Coffee Road and Brimhall Road. Per the design, this area was to be restricted to traffic
to one lane in each direction. For the benefit of the travelling public and after further review of
the existing conditions and staging plans, it was decided to modify the design to maintain at least
Lt; Tdw G:\ GROUPDAT \ADMINRPT\2013 \01- 23Wdmin Rpt CCO's WSP Phase 2 REV2.docx
� Af+
ADMINISTRATIVE REPORT
2 lanes of traffic open in each direction during the day time. This change will require the addition
and maintenance of traffic control devices such as Portable Changeable Message Signs,
detour /construction signs, cones, etc. This change order results in an estimated increase of
$41,000.00.
Change Order No. 100 provides for modifications to the construction of the Tosco -petro box
culvert previously approved by the City Council under change order # 21. Due to restrictions
during construction, it was necessary to shorten the length of this box as initially approved with
change order # 21. Staff and the contractor have reviewed the costs for these modifications;
however, concurrence has not been reached. Staff estimates a credit to the City in the amount
of $539,797.16 for this deleted work. The contractor has not signed this proposed Change Order
since the contractor does not concur with this amount. Staff recommends approval of this
Change Order using the staff calculated cost and without the contractor's signature. If the
contractor later submits acceptable justification for a revision to this cost, staff will review the
additional information and if changes are warranted, a revised contract change order will be
placed on a future council agenda. This change order results in an estimated decrease of
$539,797.16.
Change Order No. 101 provides for modifications to the temporary pedestrian bypass at Jewetta
Avenue. The design did not include the installation of any lighting or fencing. For the safety of
users, it was decided to add both of these features to the bypass. This change order results in an
estimated increase of $41,000.00.
Staff recommends approval of Contract Change Order Nos. 46, 66, 70, 74, 76, 81, 89, 90, 92, 93,
94, 96, 99, 100, and 101. Change Orders to date, including these proposed Change Orders, total
$13,296,904.42. This is a 17.4% increase over the original Agreement as illustrated below:
• Original Contract Amount = $ 76,572,445.07
• Previous Change Orders = $ 12,102,603.17
• Current Change Order Nos. 46,66,70,74,76,81,89,90,92,93,
• 94,96,99,100, and 101 = $ 1,194,301.25
• Amended Contract Agreement after Change Orders = $89,869,349.49
Net Increase to date = $13,296,904.42
Much of the added cost for project change orders to date is due to Change Order No. 21 ($5.9
million) which is for the Kern County Water Agency (KCWA) Box Culvert - an item the City was
always paying for, but which was originally to be constructed by the KCWA. Later, after the
Westside Parkway Phase 2 project had bid, KCWA management requested that the City
construct this box culvert as part of the freeway project instead of the KCWA. Also, Change
Order No. 1 for $588,430 was for added work requested and paid for by the North Kern Water
Storage District.
When the Westside Parkway Phase 2 project was bid, the City was trying to utilize all available
State funding to build the project as any unused funds would have to be given back to the State.
This resulted in portions of the project construction bid and contract award being accomplished
with less than final design work completed and as such, a higher amount of change orders than
normally anticipated are expected as the construction progresses. However, because of the
extraordinarily favorable bid climate at the time, the City was able to extend the project limits
from Coffee Road all the way to Allen Road on top of keeping all the State funding intact. These
series of actions have been in the best interest of completing this Project, which is a critical
component of the TRIP program.
Lt; Tdw G: \GROUPDATWDMINRPT \2013 \01- 23Wdmin Rpt CCO's WSP Phase 2 REV2.docx
$A
J ADMINISTRATIVE REPORT
MEETING DATE: January 23, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: January 11, 2013
DEPARTMENT HEAD
CITY ATTORNEY p�
CITY MANAGER
SUBJECT: Accept bid from Integrated Network in the amount of $105,419 for one (1)
Microwave Radio (System 1) for the Public Works Department, Communications
Division. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: The City's microwave communications consist of two systems. System 1
provides radio, data and voice transmissions for the Police and Fire Departments. System 2
provides radio, data and voice transmissions for the Wastewater Plant 3 operations as well as
additional support for the Police and Fire Departments in the southern Bakersfield area.
The existing Microwave (System 1) incurs radio interference on a daily basis. The equipment is
at the end of its useful life and is no longer supported.
In November 2012 the City solicited bids to replace the System 1 microwave radio. The bids
received exceeded the amount budgeted. Staff recommendation to reject bids was
approved by Council on December 11, 2012. The project was re- evaluated and modified bid
specifications were developed.
Invitations to bid were sent in December to over one hundred (100) suppliers of radio and
communications equipment. Two (2) bids were received in response to the solicitation as
follows:
BIDDER AMOUNT
Integrated Network, Oceanside, CA $105,419
Gillepsie, Prodhon and Assoc., Inc., Clackamas, OR $147,614
Funds are budgeted within the Capital Outlay Fund to cover this purchase. Staff finds the bid
submitted by Integrated Network to be acceptable.
The City intends to replace Microwave Radio System 2 in the near future. It is also beyond its
useful life and has incurred similar problems as those of System 1. Additionally, System 2 does
not provide sufficient data capacity for the growing needs of the departmental operations in
the southern Bakersfield area. This item is being bid separately as the specifications and needs
of System 2 are somewhat unique from those of System 1. The System 2 replacement will be
brought to the City Council for separate consideration at a future meeting date.
Purchasing Division /kb
SAPURCHWDMINWdmin 12- 13W1icrowave Radio System, 12- 13-44, January 23, 2013.docx
January 11, 2013
A
° ADMINISTRATIVE REPORT
MEETING DATE: January 23, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD 411
DATE: January 11, 2013 CITY ATTORNEY per.
CITY MANAGER /w
SUBJECT: Accept bid from Dell in the amount of $58,300.51 for a Dell EqualLogic PS6400E
storage area network (SAN) for the Information Technology Division. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for computer
equipment. Two (2) bids were received in response to the solicitation.
The purchase of the Dell EqualLogic PS6400 completes our planned multi -year staged
replacement of the existing aged IBM Fiber Channel SAN. This will increase our available
network disk space while also allowing us to complete hardware repairs on the other two
EqualLogic units with minimal downtime to the City's system. With the addition of each new
EqualLogic unit to our network, we also increase bandwidth to the data and processing
power, increasing efficiency of the entire system.
The two (2) bids received are as follows.
I-111q!14 NE11,1071zil
Dell $58,300.51
Round Rock, TX
Sigmanet, Incorporated $58,802.50
Ontario, CA
Staff finds the bid submitted by Dell to be acceptable.
Purchasing Division/kb
S:\PURCHWDMINWdmin 12 -13 \Dell EqualLogic PS6500E SAN, 12- 13-49, January 23, 2013.docx
January 11, 2013
A
ADMINISTRATIVE REPORT
MEETING DATE: January 23, 2013 AGENDA SECTION: Consent Calendar
ITEM: S n.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
January 10, 2013
WilelvP
DEPARTMENT HEAD
CITY ATTORNEY A9
CITY MANAGER
Accept bid from H. W. Hunter, Incorporated, $88,011.00 for five (5) replacement
four door midsize sedans for the Police Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) vehicle suppliers. Seven
(7) bids were received in response to solicitation.
Funds are budgeted in the Equipment Replacement Fund for the purchase of five (5)
replacement midsize sedans for the Police Department. The units to be replaced have high
mileage and have reached their useful life.
The seven (7) bids received are as follows.
"
H. W. Hunter, Incorporated, Lancaster, CA
Elk Grove Auto Group Elk Grove, CA
Crown Dodge, Ventura, CA
McPeek's Dodge, Anaheim, CA
Jim Burke Ford, Bakersfield, CA
Three Way Chevrolet, Bakersfield, CA
AMOUNT
MAKE /MODEL
$ 88,011.00
Dodge Avenger
$ 88,152.38
Dodge Avenger
$ 92,289.50
Dodge Avenger
$ 96,073.50
Dodge Avenger
$ 97,648.76
Ford Fusion
$107,575.88
Chevrolet Malibu
Penske Chevrolet, Cerritos, CA $119,184.25 Chevrolet Malibu
Staff finds the bid submitted by H. W. Hunter, Incorporated, to be acceptable.
Purchasing Division /kb
SWRCHWDMINWdmin 12 -13 \Four Door Midsize Sedans, 12- 1347, January 23, 2013.docx
January 11, 2013
MEETING DATE: January 23, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8. O.
TO: Honorable Mayor and City Council APPROVED
FROM: Christi Tenter, Human Resources Manager DEPARTMENT HEAD
DATE: January 11, 2013 CITY ATTORNEY p�
CITY MANAGER
SUBJECT: Revised Job Specifications: Canal Tender II (# 13350)
Park and Landscape Designer ( #26410)
Traffic Operations Technician ( #25290)
Traffic Painter II (# 14190)
RECOMMENDATION:
Staff recommends approval of the revised job specifications and change of the Park and
Landscape Designer from Blue Collar /Technician to White Collar /Professional Unit.
BACKGROUND:
CANAL TENDER II. PARK AND LANDSCAPE DESIGNER AND TRAFFIC OPERATIONS TECHNICIAN
As part of the recruitment process, the job specifications for Canal Tender II, Park and
Landscape Designer and Traffic Operations Technician have been revised.
Language was changed and /or added to update the class summary, essential job duties,
minimum qualifications, licenses, certificates and special requirements, and physical or special
working conditions to reflect the actual job duties. The job specifications have also been put
into a new format for readability.
The Human Resources Office worked with various department representatives on these job
specifications revisions for updating. SEIU has been advised of the proposed recommendations.
There is no budgetary impact as the salary will remain the same. The revised job specification
will be presented to the Miscellaneous Civil Service Board at their January 15, 2013 meeting.
TRAFFIC PAINTER II
At the request of the General Services Superintendent, the job specification for Traffic Painter II
has been revised. The job specification had not been updated since 2002.
Language was changed and /or added to update the class summary, distinguishing
characteristics, minimum qualifications, physical conditions or special working conditions to
reflect the actual job duties. The job specification has also been put into a new format for
readability.
SEW has been advised of the proposed recommendations. There is no budgetary impact as
the salary will remain the same. The revised job specification will be presented to the
Miscellaneous Civil Service Board at their January 15, 2013.
(mb)
MEETING DATE: January 23, 2013 AGENDA SECTION: Consent Calendar
ITEM: S
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: January 7, 2013 CITY ATTORNEY per.
CITY MANAGER �W
SUBJECT: Grant Deed to State of California for real property located at northeast corner of
Fairfax Road and State Route 178 for the Fairfax Road Interchange Project. (TRIP
Program - Ward 3)
RECOMMENDATION: Staff recommends approval of Grant Deed.
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield constructed the
Fairfax Road Interchange Project. A remaining item to close out the project is the transfer of land
to the State for the area required for the on -off ramps at the southeast corner of the project. The
property being deeded contains approximately 127,184 square feet of real property. The City
previously purchased the parcel years ago in anticipation of the project being constructed.
There will remain a small parcel (37,146 square feet) in the City's ownership to the east of the
on /off ramps adjacent to La Salle Court; that was not required in the construction of the project.
The City may entertain offers to sell it for development in the future.
Admin - Grant Deed - Fairfax Interchange - State of California
1/8/2013
CW
A
4
ADMINISTRATIVE REPORT
MEETING DATE: January 23, 2013 AGENDA SECTION: Successor Agency
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: January 10, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file successor agency payments from December 27, 2012 to
January 10, 2013 in the amount of $130,988.10
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G \ADMIN SA \COUNCIL- ADMIN- SA- 2013\ADMIN —SA 01- 23- 13.doc 1
� A
ADMINISTRATIVE REPORT
MEETING DATE: January 23, 2013 AGENDA SECTION: NEW BUSINESS
ITEM: /3. Q.
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: January 3, 2013
CITY ATTORNEY
CITY MANAGER_
SUBJECT: First reading of ordinance adopting a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the
zone district from P.C.D. (Planned Commercial Development) to C -C (Commercial
Center) on 1.47 acres located on the west side of Baker Street between Lake and
Kentucky Streets (ZC # 12 -0416 - The Kern County Housing Authority in partnership
with the City of Bakersfield) Ward 2.
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
The property is currently designated by the Land Use Element of the General Plan for mixed
use development (MUC). The current PCD zoning, which includes land along both sides of
Baker Street, was created for the Baker Street Village, a phased multiple - family and
commercial mixed use development project. Phase 1 is on the east side of Baker Street
consisting of a multi -use building with commercial space on the first floor and 13 residential
lofts above, and buildings to the east with 24 townhomes. After Phase 1 stalled midway
through construction during the economic downturn, the Kern County Housing Authority
completed the project and is successfully managing the housing project, and is actively
marketing the commercial space. Phase 2 is on the west side of Baker Street is currently
undeveloped.
The Housing Authority has partnered with the City on resurrecting Phase 2 of the Baker Street
Village to develop approximately 50 multiple - family housing units and remodel the existing
Cornet Building as a community center. However, in order to proceed with a new project, it
was determined that the existing PCD zone (which included an approved development
plan) was no longer feasible as designed. Changing the zone to the City's C -C (mixed -use)
zone would provide much needed development review flexibility similar to what currently
exists in the surrounding area, including shortened project processing times.
On December 20, 2012, the Planning Commission held an advertised public hearing on the
zone change request and on a 3 -2 vote, recommended that the City Council approve the
C -C zone, but add the PCD combining zone, which would require the Commission to review
January 7, 2013, 4:39PM
JENG / S: IDanaL4DMINS12013UAM1- 23- 0416.doc
ADMINISTRATIVE REPORT
development plans at future public hearings. The vote split was due to the addition of the
PCD combining zone. The Housing Authority and City staff was opposed to the inclusion of
'the PCD combining zone as were Commissioners Lomas and Strong. There were no public
comments on the zone change and therefore, no justification to add an additional layer of
review.
The purpose of the PCD combining zone is to allow for innovative design that requires
modification of standards that cannot be met through conventional means. However, the
Housing Authority intends to satisfy all of the City's development standards so the PCD
overlay is unnecessary. Furthermore, the additional time needed to hold more public
hearings will significantly delay construction permits resulting in the loss of federal housing
assistance monies and tax credits. This financial loss will effectively end any opportunity by
the Housing Authority and City to develop an affordable housing project at this location,
which will leave the Cornet Building and site vacant. In addition, applying the PCD overlay
to only this one site will discourage opportunities for infill development to occur since other
properties in the area are not subject to the additional public review process.
Funding for Phase 2 consists of approximately $2.3 million in City Neighborhood Stabilization
Program (NSP3) funds, $1.2 million in City HOME funds, $7 million in Low Income Housing Tax
Credits, and $700,000 in private financing. Regarding the NSP3 funding, $830,000 must be
spent by March 2013, and the remaining $1.47 million must be spent by March 2014. In order
to spend the NSP3 funds in the required time frame, the Housing Authority must apply for and
be awarded the Low Income Housing Tax Credits in the March 2013 cycle, and all zoning
entitlements must be in place. If the PCD combining zone is applied to the site, the Housing
Authority will not be able to apply for the March tax credits since they are not in a position to
complete all of the architectural plans for a public hearing by the Planning Commission by
the tax credit application deadline. The loss of these tax credits and, in turn, NSP3 funds,
results in a project that is no longer financially viable.
Based upon an initial environmental assessment, staff has determined the proposed project
will not significantly affect the physical environment or existing development in the area. A
Mitigated Negative Declaration was prepared and advertised as it was found that the
Cornet Building may be eligible for listing on the National Register of Historic Places (NRHP) at
the local level of significance under Criteria A and C as an example of Late Moderne
architecture designed by a regionally prominent architect; and also, the building may be
eligible for listing in the California Register of Historical Resources (CRHR) under Criterion 1 and
3. A mitigation measure requires that upon submission of precise development plans for The
Cornet Building, evaluation of the proposed plans relative to any NRHP or CRHR eligibility and
compliance with those applicable regulations must occur. The environmental review was
submitted to the State Clearinghouse for a 30 -day public review period commencing on
November 9, 2012 and ended on December 10, 2012 with no significant comments
submitted.
Staff recommends first reading of the zone change to C -C as originally proposed in the
application.
January 7, 2013, 4:39PM
JENG / S:IDana%ADMINS12013VAM1 -23 -0416. doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 9, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 3:30 p.m. and reconvenes at 5:15 p.m.
REGULAR MEETING - 3:30 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson (seated at
3:34 p.m.
Absent: None.
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9
regarding Mohamad Harb, et al. v. City, et al,
KCSC Case No. S- 1500 -CV- 265887 SPC.
C. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b) (3) (A) of Government Code Section
54956.9. (two matters).
ACTION TAKEN
Motion by Councllmember Hanson to adjourn to APPROVED
Closed Session at 3:34 p.m.
Motion by Councllmember Hanson, at 5:10 p.m., to APPROVED
continue the meeting until after the conclusion of the
5:15 p.m. Regular Meeting.
Bakersfield, California, January 9, 2013 - Page 2
The meeting was reconvened at 7:45 p.m. ACTION TAKEN
4. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to
STAFF WAS GIVEN
Government Code Section 54957.6.
DIRECTION
b. Conference with Legal Counsel - Existing
NO REPORTABLE
Litigation; Closed Session pursuant to subdivision
ACTION
(a) of Government Code Section 54956.9
regarding Mohamad Harb, et al. v. City, et al,
KCSC Case No. S- 1500 -CV- 265887 SPC.
C. Conference with Legal Counsel - Potential
NO REPORTABLE
Litigation; Closed Session pursuant to subdivision
ACTION ON BOTH
MATTERS
(b) (3) (A) of Government Code Section
54956.9. (two matters).
5. ADJOURNMENT
Councilmember Sullivan announced that it is
Vice -Mayor Weir's birthday and wished him Happy
Birthday.
Vice -Mayor Weir adjourned the meeting at 8:38 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None.
Bakersfield, California, January 9, 2013 - Page 3
2. INVOCATION by Minister Sean Battle, St. John ACTION TAKEN
Missionary Baptist Church.
3. PLEDGE OF ALLEGIANCE by Lauren Burton, 1 st grade
student at Independence Elementary School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Certificate of
Appreciation to Sheryl Graab recognizing her
contributions to the community as a member of
Keep Bakersfield Beautiful.
Ms. Graab accepted the Certificate and made
comments.
Councilmember Johnson thanked Ms. Graab
for her service on Keep Bakersfield Beautiful.
b. Presentation of the Distinguished Budget
Presentation Award from the Government
Finance Officers Association for the City's
annual budget for the Fiscal Year beginning
July 1, 2012.
Administrative Analyst Huot accepted the
Award and made comments.
5. PUBLIC STATEMENTS
a. John Tamborrino spoke regarding prevailing
wage.
b. Cindy Parra, coordinator of the Bicycle and
Pedestrian Safety Coalition, spoke regarding
Consent Calendar Item 8.c., and thanked the
City Council for adding AASHTO's Guide for
Planning and Design of Pedestrian Facilities and
AASHTO's Guide for Development of Bicycle
Facilities to the Development Improvement
Standards, which will enhance safety standards
for both bicyclists and pedestrians.
C. Terri Palmquist spoke in support of a Human Life
Ordinance, and provided tickets and invited
the City Council to a banquet on January 22nd,
which marks the 40th anniversary of legalized
abortion.
d. Tim Palmquist spoke in support of a Human Life
Ordinance and submitted written material.
Bakersfield, California, January 9, 2013 - Page 4
5. PUBLIC STATEMENTS continued ACTION TAKEN
e. Nora Weber spoke regarding social issues,
submitted written material and asked that the
matter be referred to a committee for
immediate action.
Stephanie Campbell spoke regarding two
matters: She invited the City Council and the
public to attend the Martin Luther King
Breakfast on January 21st; and she asked to
meet with whomever is responsible for Ward 1
regarding a personnel matter with SMG at
Rabobank Arena involving her son
Vice -Mayor Weir asked Ms. Campbell to
contact his office to set up an appointment,
and he would be happy to meet with her.
6. WORKSHOPS
None.
7. APPOINTMENTS
a. Two appointments to the Keep Bakersfield
Beautiful Committee, due to the expiration of
terms of Regular Member Stephen Montgomery
(Ward 2), and Alternate Member Amber
Beeson (Ward 2), whose term expired
November, 2012.
Applications were received from the following:
REGULAR MEMBER
Stephen Montgomery
Norma Jackson
Jared Schwab
Bruce Blythe
Karen DeWalt
Donna Webb
ALTERNATE
Amber Beeson
Jared Schwab
Norma Jackson
Bruce Blythe
Karen DeWalt
Donna Webb
Bakersfield, California, January 9, 2013 — Page 5
7. APPOINTMENTS continued ACTION TAKEN
Item 7.a. continued
Motion by Councllmember Maxwell to appoint APPROVED
Karen De Walt, as the Regular Member, and
Norma Jackson, as the Alternate, representing
Ward 2, to a 4 -year term on the Keep
Bakersfield Beautiful Committee.
b. Appointments to City Council Committees and
other special Committees and Boards by Vice
Mayor for 2013 -2014.
Vice -Mayor Weir provided a list to the City APPROVED
Council of his recommended appointments
and made a motion to approve those
appointments (listed below).
BUDGET AND FINANCE
Ward 1 -Chair
Maxwell
Weir
COMMUNITY SERVICES
Sullivan - Chair
Smith
Ward 1
PLANNING AND DEVELOPMENT
Smith - Chair
Weir
Hanson
LEGISLATIVE AND LITIGATION
Maxwell - Chair
Sullivan
Johnson
PERSONNEL
Weir- Chair
Maxwell
Hanson
SAFE NEIGHBORHOODS
Johnson - Chair
Sullivan
Ward 1
WATER RESOURCES
Hanson - Chair
Smith
Johnson
Bakersfield, California, January 9, 2013 — Page 6
7. APPOINTMENTS continued ACTION TAKEN
Item 7.b. continued
SOLID WASTE MANAGEMENT ADVISORY
COMMITTEE
Weir - Appointee
Maxwell - Alternate
LAFCO
Hanson - Appointee
Smith - Alternate
KERN COUNCIL OF GOVERNMENTS
Hanson - Appointee
Smith - Alternate
PLANNING COMMISSION LIAISON
Smith - Appointee
MBACC ( ANIMAL CONTROL)
Weir - Appointee
Hanson - Appointee
Maxwell - Alternate
S. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the December 11, 2012
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
November 30, 2012 to December 26, 2012 in
the amount of $26,546,841.24 and self -
insurance payments from November 30, 2012 to
December 26, 2012 in the amount of
$721,135.69 totaling $27,267,976.93.
Ordinances:
C. First Reading of Ordinance amending Section FR
13.12.030 relating to Development
Improvement Standards and Specifications
(regarding bicycle and pedestrian facilities).
8.
Bakersfield, California, January 9, 2013 — Page 7
CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
d. Resolution confirming approval by the City RES 001 -13
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City
for which structures have when 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.
RES 002 -13
e. Resolution approving the Application for Grant
Funds for the Environmental Enhancement and
Mitigation Program under Section 164.56 of the
Streets and Highways Code and authorizing the
Public Works Director or Designee to execute all
necessary documents for the following projects:
1. Landscape existing medians - Chester
Avenue from West Columbus Street to
1300 feet North of West Columbus Street.
2. Landscape existing medians - Truxtun
Avenue from Truxtun Plaza West to
Mohawk Street.
f. Resolution adding territory, Area 5 -65 (700 Planz RES 003 -13
Road) to the Consolidated Maintenance
District and approving, confirming and
adopting the Public Works Director's Report
and authorizing collection of assessments by
the Kern County Tax Collector.
g. Resolutions of Intention adding the following
territories to the Consolidated Maintenance
District and preliminarily approving, confirming,
and adopting the Public Works Director's
Report for each:
1. ROI # 1732 to add Area 1 -92 (4621 Burr
ROI 1732
Street)
2. ROI # 1733 to add Area 4 -109 (2830 Eye
ROI 1733
Street)
3. ROI # 1734 to add Area 4 -110 (1228 K
ROI 1734
Street)
4. ROI # 1735 to add Area 5 -66 (1400 So.
ROI 1735
Mt. Vernon Avenue)
5. ROI # 1736 to add Area 5 -67 (1800 White
ROI 1736
Lane)
Bakersfield, California, January 9, 2013 - Page 8
8. CONSENT CALENDAR continued
Item 8.g. continued
6. ROI # 1737 to add Area 4 -1 1 1
(230 Golden State Avenue)
Agreements:
h. Final Map and Improvement Agreement with
Castle and Cooke California, Inc., for Tract 6250
Phase 16 located north of Stockdale Highway
and west of Jewetta Avenue.
Amendment No. 2 to Ground Lease Agreement
No. 07 -063 with Robert Moore assigning Hangar
Space B6 at the Municipal Airport to Jack B.
Rogers.
j. Amendment No. 1 to Agreement No. 12 -095
with Mark Thomas and Company, Inc. (no
change in compensation), for engineering
design services for the Rosedale Highway
Widening Project. (TRIP)
k. Amendment No. 1 to Agreement No. 12 -052
(PW 12 -004 - No. 2) with Advanced Combustion
and Process Controls, Inc. ($1,974.10; revised
not to exceed $66,986.25), for repair of
cogeneration system at Wastewater Treatment
Plant No. 3.
Bids:
Reject bids for three replacement mechanical
rear broom street sweepers for use by the
Public Works Department, Streets Division.
M. Accept bid with Bear Cat Manufacturing
($83,291) for two replacement crack sealing
machines for use by the Public Works
Department, Streets Division.
n. Accept bid with Computer Configuration
Services ($148,225.30) for iSeries Sungard
server replacements for replacements for the
information Technology Division.
ACTION TAKEN
ROI 1737
AGR 13 -001
AGR 07- 063(2)
AGR 12- 095(1)
AGR 12- 052(1)
o. Accept bid and approve contract with Pacific AGR 13 -002
Coast Excavation, Inc. ($60,981), for demolition
of sewer lift station at Northwest corner of
Gosford & McCutchen Roads.
8.
Bakersfield, California, January 9, 2013 - Page 9
CONSENT CALENDAR continued ACTION TAKEN
P. Accept bid and approve contract with AGR 13 -003
Bowman Asphalt, Inc. ($146,146), to construct
South Mill Creek Park and Parking Project.
q. Accept bid from Jim Burke Ford ($57,159.53) for
one additional service truck for use by the
Public Works Department, Wastewater Division.
1. Appropriate and transfer $9,000 Sewer
Enterprise Fund balance (Wastewater
Treatment Plant No. 3) to the Public
Works Department's Operating budget
within the Equipment Management Fund
for the purchase of one additional
service truck.
r. Parkway Improvements for Stockdale Highway REMOVED FOR
from North McDonald Way to North Stine Road: SEPARATE
CONSIDERATION
1. Accept bid and approve contract with
Clean Cut Landscape ($238,733) for
construction of project.
2. Appropriate $40,000 Gas Tax Fund
balance to the Public Works
Department's Capital Improvement
budget.
Miscellaneous:
Appropriate $52,257 from First Five Kern grant
revenues to the Recreation and Parks
Operating Budget within the General Fund to
provide a water safety education program
(Make -A- Splash).
Audit Reports for Fiscal Year ended June 30,
2012 (refer to Budget & Finance Committee).
Comprehensive Annual Financial Report
(CAFR).
2. Agreed Upon Conditions Report.
3. Single Audit Report - Schedule of
Federal Expenditures for the City.
Bakersfield, California, January 9, 2013 — Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.t. continued
4. Independent Auditors Report -
Compliance with Contractual
Requirements relative to the Bakersfield
Subregional Wastewater Management
Plan.
5. Independent Auditors Report on
Appropriations Limit Worksheet (GANN
Limit) for the City.
6. Independent Auditors Report -
Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center &
Brighthouse Networks Amphitheatre.
U. Revised job specifications for Building
Maintainer II and Wastewater Manager.
V. Review and accept Fiscal Year 2011-2012
Annual Compliance Report for park impact
fees prepared in accordance with California
Government Code §66006.
W. Review and accept Fiscal Year 2011-2012
Annual Compliance Report for bridge crossing
and major thoroughfare fees prepared in
accordance with California Government
Code §66006.
X. Review and accept Fiscal Year 2011 -2012
Annual Compliance Report for planned
drainage area fees prepared in accordance
with California Government Code §66006.
Y. Review and accept Fiscal Year 2011 -2012
Annual Compliance Report for planned sewer
area fees prepared in accordance with
California Government Code §66006.
Z. Review and accept Fiscal Year 2011 -2012
Annual Compliance Report for transportation
impact fees prepared in accordance with
California Government Code §66006.
Successor Agency Business:
aa. Receive and file successor agency payments
from November 30, 2012 to December 26, 2012
in the amount of $1,753,458.69.
[1
Bakersfield, California, January 9, 2013 — Page 11
CONSENT CALENDAR continued
Counciimember Smith requested that item 8.r. be
removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent
Calendar items 8.a. through 8.aa., with the removal of
Item 8.r. for separate consideration.
r. Parkway Improvements for Stockdale Highway
from North McDonald Way to North Stine Road:
Accept bid and approve contract with
Clean Cut Landscape ($238,733) for
construction of project.
2. Appropriate $40,000 Gas Tax Fund
balance to the Public Works
Department's Capital Improvement
budget.
Motion by Counciimember Smith to adopt Consent
Calendar Item 8.r., with the stipulation to require a
change order that would fake out the portion of the
landscaping which would ultimately have to be
removed for the Centennial Corridor Project.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public hearing to consider Resolution
authorizing the Housing Authority of Kern
County to issue rental housing bonds (not to
exceed $15 million) for the purchase and
rehabilitation of approximately 160 units of
multi - family rental housing at 7000 Auburn
Street. (Staff recommends hearing be opened and
closed, and that the Resolution not be adopted at
this time.)
b. Public hearing to consider Resolution making
findings and updating the Capital
Improvement Plan for the existing Metropolitan
Bakersfield Habitat Conservation Plan. (Staff
recommends adoption of Resolution.)
ACTION TAKEN
APPROVED
AGR 13 -004
APPROVED
ABS JOHNSON
RES 004 -13
Bakersfield, California, January 9, 2013 - Page 12
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
C. County of Kern General Plan Amendment
Nos. 6 & 7 - Kern River Plan Element Referral;
Gene Surgener, property owner has applied to
Kern County for a General Plan Amendment to
the Kern River Plan Element on 8.59 acres
located at the northeast corner of east Roberts
Lane and Angus Lane. (Staff recommends
adoption of Resolution.)
1. Resolution recommending that the RES 005 -13
Board of Supervisors approve an
amendment to the Kern River Plan
Element of the Metropolitan Bakersfield
General Plan, changing the land use
designation on an 8.59 acre site from
Map Codes 8.4 (Mineral Petroleum -
Minimum 5 acre parcel size), 8.5
(Resource Management- Minimum
20 -acre parcel size), and 8.5/2.5
(Resource Management- Minimum
20 -acre parcel size /Flood Hazard) to 7.1
(Light Industrial on 7.88 acres and to
7.1/2.5 (Light Industrial/ Flood Hazard) on
30,735 square feet.
City Clerk Gafford announced that staff has submitted
a memorandum changing the recommendation on
Consent Calendar Public Hearings Item 9.a. to be
opened and closed, and that the Resolution not be
adopted at this time.
Consent Calendar Public Hearings opened at
5:54 p.m.
Marvin Dean spoke regarding Consent Calendar
Public Hearings item 9.a., submitted written material,
and asked for a written response to his questions
therein.
Consent Calendar Public Hearings closed at
5:57 p.m.
Councilmember Johnson announced he would
recuse himself from Consent Calendar Public Hearings
Item 9.a. due to conflict of interest, source of income
to himself, and he left the room.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar Public Hearings Items 9a. through 9.c.
Bakersfield, California, January 9, 2013 — Page 13
10. HEARINGS ACTION TAKEN
None.
Councilmember Johnson returned to the meeting.
11. NEW BUSINESS
a. Options regarding Ward 1 City Council
Vacancy, term expires November 2014.
Resolution calling and giving notice of RES 006 -13
holding a Special Municipal Election for
the purpose of filling a vacancy on the
Council for the unexpired term in Ward 1
and requesting the Board of Supervisors
of the County of Kern to order
consolidation of said election with any
other election held within the County of
Kern on Tuesday, June 4, 2013.
City Clerk Gafford announced that a staff
memorandum has been submitted which provides the
City Clerk's Certificate of Insufficiency to the Petitions;
corrects a typographical error within Exhibit B; provides
a suggested timeline; and includes correspondence
from Marvin Dean. Additional correspondence was
received from Karen Rhea to Marvin Dean in response
to his letter.
City Attorney Gennaro made staff comments.
Mayor Hall announced that public statements would
be taken on this item at this time.
The following individuals spoke in support of having a
special election: Walter Williams; Willie Rivera, on
behalf of Senator Michael Rubio, and he also advised
that the Senator has drafted legislation to change the
State Elections Code to extend the some rules and
guidelines that are in the voter registration forms,
where a person can help a voter fill out a form, and
have those same rules apply to filling out petitions;
Ryan Nance; Marvin Dean; Bernice Bonillas; Stephanie
Campbell; and Bernita Jenkins.
Motion by Councilmember Hanson to go forward with APPROVED
the election In June for Ward 1 and not appoint
anyone on an Interim basis.
Bakersfield, California, January 9, 2013 — Page 14
12. REPORTS ACTION TAKEN
a. FY 2012/13 Budget Update.
Finance Director Smith made staff comments
and provided a PowerPoint presentation of the
Mid -Year Budget Review for the General Fund
revenue and expenditure trends.
City Manager Tandy made staff comments and
provided a PowerPoint presentation regarding
the actions of others which threaten City
revenues.
Councilmember Johnson asked the Budget and
Finance Committee to review the possibility of
coming up with a timeframe to set money aside
to deal with the unfunded liability of $6.8 Million,
and then come back with a recommendation
as to how the Council should set up a payback
program.
b. Thomas Roads Improvement Program (TRIP)
Update.
Public Works Director Rojas made staff
comments and provided a PowerPoint
presentation.
Councilmember Johnson asked staff to look at
the deteriorating road on both sides of the
current bridge over Highway 99 at Hosking
Road.
13. DEFERRED BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson asked staff to look at
rectifying the unsafe crossing conditions at South H
and McKee roads In front of the Senior Center near the
canal.
Councilmember Smith thanked staff for adding the
AASHTO standards for bicycling and walking.
Councilmember Smith asked that the Community
Services Committee look at the Issue of developing
bicycle parking guide standards to go along with the
new bike plan.
Bakersfield, California, January 9, 2013 - Page 15
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councllmember Smith asked that the Planning and
Development Committee look at the Issue of a
Complete Streets Ordinance, and he provided a copy
of a sample ordinance and a workbook from the
National Complete Streets Coalition.
Councilmember Sullivan advised she is looking forward
to working with the new Council; she commended
Mayor Hall for participating in the Polar Bear Plunge,
commented about his swearing -in ceremony and
wished him well in his new term; and wished
everybody a Happy New Year.
Mayor Hall commended the efforts of the Solid Waste
Division in engaging more adopt -a- highway
applicants, as well as the ongoing efforts of the Keep
Bakersfield Beautiful Committee as it looks at ideas to
make productivity better; he announced that the
Bakersfield College Renegade Football Team and
coaches will be at the next City Council meeting to
be honored for their State Championship; and he
expressed his appreciation to the Councilmembers
and staff who attended his swearing -in ceremony,
and looks forward to serving the City of Bakersfield for
another term.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:40 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield