HomeMy WebLinkAbout11/6/13_CC_AGENDA_PACKETREGULAR MEETING - 5:15 P.M.
1. ROLL CALL
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF NOVEMBER 6, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
a. Introduction of student body representatives participating In the 59th consecutive
Teen Government Day.
2. INVOCATION by Pastor Rick Prevost, Fellowship Baptist Church,
3. PLEDGE OF ALLEGIANCE by Romel Slllas, 5m grade student at Frank West Elementary School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Certificate of Appreciation to Jay Escover, Lassen's
Store Manager, for supporting and contributing to the success of Make a Difference
Day over the past eight years.
b. Presentation by Mayor Hall of a Proclamation to Jeffery Pickering, President and CEO
of the Kern Community Foundation, declaring December 3, 2013, Giving Day,
S.
PUBLIC STATEMENTS
6.
WORKSHOPS
7.
APPOINTMENTS
8.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the October 16, 2013, Regular City Council Meetings.
Payments:
b. Receive and file department payments from October 3, 2013, to October 24,
2013, In the amount of $24,957,690.51 and self- Insurance payments from
October 3, 2013, to October 24, 2013, in the amount of $524,773.61, totaling
$25,482,464.12.
Ordinances:
(Ward 5) C. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone district from R -1 (One - Family Dwelling Zone)
to P.U.D. (Planned Unit Development Zone) on 6.25 acres located at 6901 Ming
Avenue. A categorical exemption applies to this project. (ZC# -13 -0260 - In -Shape
Health Clubs, LLC, representing Bakersfield Ming LLC).
8. CONSENT CALENDAR continued
d. First Reading of the following Ordinances amending various sections of the Municipal
Code:
1. Amending Section 2,04, 100 relating to Public Statements at City Council
Meetings,
2. Amending Section 2.62.030 relating to Term of Office of Keep Bakersfield
Beautiful Members,
3. Amending Section 3.40.040 relating to Reports and Remittances for Transient
Lodging Tax.
4. Amending Chapter 3.40 by adding Section 3.40.140 relating to Disclosure of
Confidential Information.
5. Amending Section 5.02.010, subsection E, relating to Business License Tax
Definitions.
6. Adding Chapter 10.66 relating to Access to Freeways, Expressways or
Designated Portions thereof.
7. Amending Section 12.16.140 relating to Security Requirements for Construction
Work in Streets.
8. Amending Section 12.56.020, subsection E, relating to Community Parks.
9, Amending Section 13.12.030, subsection B, relating to Development
Improvement Standards and Specifications.
10, Amending Chapter 14.04, Sections 14.04.011 and 14.04.240, subsection A,
relating to Water Service Areas and Installation of Water Service Connections,
11, Deleting Section 14.24.050 relating to Pits.
12. Amending Chapter 15.79 relating to Density Bonuses,
13. Amending Section 16.32.060, subsection D, relating to Payment of Fees for
Planned Drainage Facilities,
14. Amending Section 17.08.125 relating to Street Setback Exceptions,
15. Amending Sections 17.58.110, subsections C and E, and 17.58.210 relating to
Parking Space Requirements.
e. Adoption of Ordinance amending Chapter 15.65 of the Municipal Code relating to
the California Fire Code. (FR 10116113)
Adoption of Ordinance amending Chapter 14.12 Title 14 of the Municipal Code
relating to sewers. (FR 10116113)
Resolutions:
g. 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 the demolishment of dangerous buildings and
authorizing collection of the assessments by the Kern County Tax Collector.
h. American Public Works Association Accreditation Process:
1. Resolution determining that the Bakersfield City Council supports the Public
Works Department pursuing the American Public Works Association (APWA)
Accreditation Process,
2. Agreement with the Accreditation Council, a Division of the American Public
Works Association (APWA), ($20,200 plus direct costs associated with on -site
evaluation) to undergo the APWA Accreditation Process,
City Council Meeting of 11 /06/2013
B. CONSENT CALENDAR continued
Amendment No. 8 to Agreement No. 97 -39 with California Public Employees'
Retirement System (CalPERS);
1, Resolution of Intention to approve amendment to the contract with California
Public Employees' Retirement System,
2, First Reading of Ordinance authorizing an amendment to the contract with
the Board of Administration of the California Public Employees' Retirement
System to provide Section 21548 (pre - retirement option 2W Death Benefit) for
local police safety members,
Agreements:
Reimbursement Agreement with North Kern Water Storage District (not to exceed
$53,861) for City's pro -rata share of costs to participate in Kern River Weather
Modification Program for the 2013/2014 season.
(Ward 6) k, Agreement with Siemens Corporation ($310,000) for furnishing and Installing an
aeration blower for Wastewater Treatment Plant No. 3,
(Ward 4) I, Settlement Agreement and Release of all Claims with MGE Underground, Inc.
($257,743.17 funded with Transportation Development Funds; release of $217,320.70
In retention), for work performed on the Westside Parkway, Phase 6A, Relocation of
Utilities Project, (TRIP)
(Ward 4) M.
Street Utility Cut Guarantee Agreement with Vaughn Water Company, in which
water purveyor guarantees the quality of Its work repairing City streets after installing,
replacing or repairing purveyor's water lines within City streets.
(Ward 2) n.
License Agreement with East Niles Community Services District, for locating water
lines and an access road in conjunction with the Morning Drive Interchange Project
through City parcel (APN 434 - 010 -06), (TRIP)
(Ward 1,2) o.
Amendment No. 2 to Agreement No, 13 -062 with Cen -Cal Construction ($150,000;
revised not to exceed $609,164.60 and extend term six months) for the construction
of HUD curb and gutter.
P.
Amendment No. 1 to Agreement No. 12 -151 with Toter, LLC ($3,487,662,75; revised
not to exceed $6,975,325,50 and extending term one year), for continuing the supply
of refuse, recycling and green waste carts,
(Ward 2) q,
Contract Change Order No. 1 to Agreement No, 13 -094 with Brown and Fowler
Construction, Inc, ($19,178; revised not to exceed $350,178), for the Beale and
Saunders Parks Playground Rehabilitation Project,
Bids:
Miscellaneous:
r, Appropriate $100,000 additional construction Inspection revenue to the Public Works
Department's Operating Budget within the Development Services Fund for
construction Inspection services related to development activity,
City Council Meeting of 11 /06/2013
8. CONSENT CALENDAR continued
(Ward 6,7) S. Appropriate $223,200 Transportation Development Act Article 3 Grant Funds and
appropriate and transfer $24,800 General Fund balance (Property Tax Administration
Fee Refund), to the Public Works Department's Capital Improvement Budget within
the Bikeway and Pedestrian Pathway Fund and the Capital Outlay Fund,
respectively, for bike lane Improvements on Akers Road between McKee Road to
Wilson Road.
t. Appropriate $215,569 Federal Grant Revenues (Selective Traffic Enforcement
Program Grant from the State Office of Traffic Safety) to the General Fund Police
Operating Budget, to fund overtime for traffic enforcement strategies and to
purchase equipment and services for the Traffic Division.
U. Appropriate $43,942 Federal Grant Revenues to the General Fund Police Operating
Budget, to fund the "A Life Interrupted" Program.
V. Appropriate $130,000 Federal Grant Revenues (Fiscal Year 2013 -14 Sobriety
Checkpoint Grant Award from the State Office of Traffic Safety) to the General Fund
Police Operating Budget, to fund overtime for DUI Checkpoints In the Traffic Division,
W. Appropriate $195,000 Federal Grant Revenues to the General Fund Police Operating
Budget, to fund the Kern Avoid the 18 DUI Campaign.
X. Appropriate $100,000 County Grant Revenues to the General Fund Police Operating
Budget, to provide funding to deter, Investigate and prosecute real estate fraud
crimes,
Y. Appropriate $154,003 Federal Grant Revenues (2013 JAG /Byrne Local Grant from the
Bureau of Justice Assistance) to the General Fund Police Operating Budget, to
provide overtime for BPD School Resource Officers and Targeted Case Management
services, in partnership with Project 180, to assess and respond to Internal /external
threats In schools and to reduce truancy.
Z, Homeland Security FY2013 Grant:
1. Accept Federal Grant for $16,500 for FY2013 Homeland Security Grant.
2. Approve appropriation of $16,500 FY2013 Homeland Security Grant funds to
the Fire Department Operating Budget within the General Fund for Hazardous
Material Training,
(Ward 3) aa. Quitclaim deed to correct legal description at the southwest corner of Olive Drive
and Calloway Road.
Staff recommends adoptlon of Consent Calendar Items 8a. through 8.aa.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider the proposed expenditure plan for the 2013 -14
Supplemental Law Enforcement Services Funding (S.L.E.S.F.). (Staffr ®commends
approval of the proposed expendliuros and appropriations.)
Appropriate $570,016 State Grant revenues to the Police Operating budget
within the S,L,E.S,F, Fund.
4 City Council Meeting of 11 /06/2013
9. CONSENT CALENDAR PUBLIC HEARINGS
b. First Reading of Ordinance amending Sections 15.04, 15.05, 15.07, 15.09, 15.11, 15.13,
15.15, 15,17 and 15.19 of the Municipal Code relating to the Building and
Construction codes, specifically the California Building Code, Mechanical Code,
Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code,
California Residential Code and California Green Building Code, 2013 editions. (Staff
recommends First Reading of Ordinance.)
10. HEARINGS
11. REPORTS
a, Report regarding the Cul -de -Sac Project, south of 24th Street,
12. DEFERRED BUSINESS
13. NEW BUSINESS
a, Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and
Department Budget Presentations for January through December 2014,
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
10/31/13 3:03pm
City Council Meeting of 11 /06/2013
AGENDA HIGHLIGHTS
November 6, 2013 CITY COUNCIL MEETING
NOTE: There are no Closed Session Items on this agenda. The regular meeting of the City
Council will begin at 5:15 p.m.
REGULAR MEETING - 5:15 P.M.
This meeting will include the 59th annual "Teen City Government Day" student introductions
during the Roll Call.
Item 8d. Update and /or Minor Corrections to Various Ordinances. Periodically, City
departments request minor changes in existing ordinances to reflect current practice, correct
typographical errors, or to make a section read better. This item requests Council approval for
a series of minor revisions, as described in the Administrative Report from the City Attorney's
Office. This is the first reading of the proposed ordinance amendments.
Item 81. Amendment to Agreement with California Public Em igyees Retirement System
JCaIPERS). In March 2013, the City Council approved a new Memorandum of Understanding
(MOU) with the Bakersfield Police Officers Association (BPOA), which adds an Option 2W
Death Benefit that requires an amendment to the City's agreement with CaiPERS. The two
actions on the agenda tonight are a required first step in amending the agreement with
CaIPERS to incorporate the new terms. The second reading and adoption of the ordinance is
scheduled for the December 11, 2013 City Council meeting.
REPORTS
Item IIa. Update on Cul- de-Sac Project. South of 24th Street, Councilmember Hanson
requested this item be placed on tonight's agenda. In November 2012, the City Council
approved the closing of and construction of cul -de -sacs on certain streets which are located
to the south of proposed 24th Street widening project - subject to the residents of the streets
meeting certain conditions. Residents of Spruce and more recently Pine Streets have met all of
the conditions set by the City Council to proceed with the project. Initially the plan was to
move forward with the cul- de-sac project at the some time the 24th Street widening project
was occurring to minimize disruptions to the neighborhood. However, the environmental
process for the 24th Street project is moving slower than anticipated and with advanced
engineering; the cul -de -sacs could begin to be constructed in spring 2014. Staff recommends
the Council receive and file the report.
NEW BUSINESS
Item 13a. 2014 Calendar Year City Council Meeting Schedule. Council is requested to
approve the Resolution setting the dates for the City Council meetings, Budget Hearings, and
Department Budget Presentation for 2014. Holidays, spring break, election deadlines, and the
League of California Cities Conferences were considered in the formulation of the proposed
schedule.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - November 6, 2013 Council Meeting
Page 2
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ADMINISTRATIVE REPORT
F
MEETING DATE: November 6, 2013 AGENDA SECTION: Roll Call
ITEM: /-0-
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Alan Tandy, City Manager
October 15, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER kS
Introduction of Student Body Representatives Participating in the 591h consecutive
"Teen City Government Day"
RECOMMENDATION:
BACKGROUND:
The City of Bakersfield annually participates with the Kern High School District, the Kiwanis, and
the Optimists in sponsoring Teen City Government Day. This is the 59th year the City has been
involved in this event.
The school district has indicated that seventeen (17) schools will be participating, and they are:
Bakersfield, Bakersfield Christian, Centennial, East Bakersfield, Foothill, Frontier, Garces, Golden
Valley, Highland, Independence, Liberty, Mira Monte, North, Ridgeview, South, Stockdale, and
West High Schools.
Four students from each school will participate in the Teen City Government Day morning
activities. Students representing the Mayor and Council, the City Manager, City Attorney, City
Clerk, Public Works Director, and Community Development Director (one student representing
each school) will attend the evening session from 5:15 p.m. to no later than 7:30 p.m. Council will
then take a short recess to allow students to leave to prepare for the following day's classes.
October 25, 2013, 1:23PM
SATEEN GOVT DAY\2013Wdministrative Report - Teen Government Day - 2013.docx
RG: jd
MEETING DATE: November 6, 2013 AGENDA SECTION: Presentations
ITEM: 4. a
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Mayor Harvey L. Hall
October 21, 2013
ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER �s
Presentation by Mayor Hall of a Certificate of Appreciation to Jay Escover, Lassen's Store
Manager, for supporting and contributing to the success of Make a Difference Day over the
past eight years.
RECOMMENDATION:
BACKGROUND:
krt
October 21, 2013, 4:43PM
MEETING DATE: November 6, 2013 AGENDA SECTION: Presentations
ITEM: q.
TO: Honorable Mayor and City Council PRgYLED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: October 21, 2013 CITY ATTORNEY QQ
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Jeffery Pickering, President and CEO of
the Kern Community Foundation, declaring December 3, 2013, "Giving Day" in the City of
Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
October 22, 2013, 8:30AM
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: .
TO: Honorable Mayor and City Council APP /ROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: October 25, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the October 16, 2013, Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Rg:ndw
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEWS.b.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: October 24, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER�S
SUBJECT: Receive and file department payments from October 3, 2013 to
October 24, 2013 in the amount of $24,957,690.51, Self Insurance payments
from October 3, 2013 to October 24, 2013 in the amount of $524,773.61,
totaling $25,482,464.12
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
October 24, 2013, 3:04PM
SAKim GWDMIN \COUNCIL- ADMIN- AP- 2014\ADMIN —AP 110613.doc
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD Le*
DATE: October 16, 2013
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of ordinance amending the Official Zoning Map in Title 17 of the
Bakersfield Municipal Code by changing the zone district from R -1 (One - Family
Dwelling Zone) to P.U.D. (Planned Unit Development Zone) on 6.25 acres located
at 6901 Ming Avenue. A categorical exemption applies to this project. (ZC # 13-
0260 - In -Shape Health Clubs LLC representing Bakersfield Ming LLC) (Ward 5)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On September 5, 2013, the Planning Commission held an advertised public hearing on this
zone change request, which consists of changing the zone district from R -1 (One - Family
Dwelling Zone) to P.U.D. (Planned Unit Development Zone) and approval of development
plans to redevelop an existing private tennis club.
The subject property is currently developed as a private tennis club that was approved in the
late 1970's pursuant to Conditional Use Permit No. 2863. An expansion to the club that
included an exercise building was constructed in 1985 pursuant to Conditional Use Permit No.
4247.
The applicant's original request was to redevelop the existing facility with a new 40,704 -
square foot fitness club, reduce the number of tennis courts from 15 to 8, include an outdoor
aquatic area, and expand the parking lot to 245 spaces. Staff determined that the
proposed modifications were too substantial to be processed as a conditional use permit in
the R -1 district and instead, determined that a zone change from R -1 to P.U.D. was more
appropriate.
Permitted uses in the P.U.D. zone district include parks and playgrounds, churches, schools,
golf courses and tennis courts including associated clubhouses, swimming pools, and
commercial uses that are compatible with the nature and type of development in the area.
Furthermore, in using the P.U.D. zone, it assures neighboring property owners that no other use
can occur on the site and that the precise development plan must be carried out; otherwise,
October 18, 2013, 4:33PM
PH /S:IDanaL4DMINS12013WOV111 -6 -0260 1.doc
ADMINISTRATIVE REPORT
a new zone change would be required, which would provide opportunity for public review
and comment at a public hearing before the Planning Commission. Additionally, by keeping
the LR (Low Density Residential) General Plan land use designation, if the club was removed,
only residential development could occur on the property.
The applicant, In -Shape Health Clubs LLC, has operated the facility since purchasing the
property in 2007. In- Shape's vision is to retain the tennis club atmosphere and enhance the
property with a new fitness club, redesigned patio and outdoor areas, and expanded
parking lot consistent with current In -Shape corporate design and amenity standards. New
technology, materials and methods will be employed to make the entire facility more energy
efficient. Wherever possible, existing mature trees have been incorporated into the
proposed landscape plan, including approximately one dozen trees along the site's Ming
Avenue frontage, most of the trees along the walkway within the central portion of the site,
and all of the trees within the southern portion of the site which serve as a buffer for the
abutting residential development to the south.
During the September 5th public hearing, eight people spoke in opposition to the project.
Correspondence was received from 16 individuals in opposition to the proposal and three
individuals in favor of the proposal. The primary concern of the opponents was the proposed
reduction in the number of tennis courts on the property from 15 to 8; a secondary concern
was potential traffic impacts. At the conclusion of the September 5th public hearing, the
applicant agreed to a continuance to October 3rd to allow club members and neighbors to
provide additional input regarding the proposal directly to the applicant (this was mainly to
save more tennis courts).
Following open -house public meetings with club members and neighbors on September 18th
and 19th, the applicant submitted a revised proposal reducing the fitness club to 28,459
square feet (removed the mezzanine but retained the same building footprint), increased
the number of tennis courts from their original proposal from 8 to 10 (results in a reduction of
five existing courts instead of seven), modified the outdoor aquatic area, and reduced the
parking lot of their original proposal from 245 to 202 spaces, (a result of retaining the two
additional tennis courts).
Regarding traffic, the revised proposal is projected to increase peak hour traffic by
approximately 70 vehicles over the existing facility. Since the proposal is not a General Plan
amendment and is not located in an area where the existing levels of service are "D" or lower,
a traffic study was not required by the City Traffic Engineer. Ming Avenue is a six -lane arterial
that is currently operating at a Level of Service (LOS) A (33,500 AADT); LOS C is the minimum
standard in accordance with the General Plan (48,000 AADT). Also, the surrounding signalized
intersections at Ming /Manning, Ming/El Portal, and Ming /Ashe all operate at LOS A, B, and C,
respectively. Therefore, his conclusion was that the anticipated increase from the proposal is
insignificant as Ming Avenue will remain at LOS A and it will not impact the Level of Service of
the aforementioned signalized intersections.
On October 3, 2013, the Commission approved the revised proposal and has recommended
adoption by the City Council.
October 18, 2013, 4:33PM
PH /S:IDana1ADMINS12013WOV111 -6 -0260 1.doc
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: , C1.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD_
DATE: October 25, 2013 CITY ATTORNEY
CITY MANAGER A-J
SUBJECT: 1. First Reading of Ordinance Amending Section 2.04.100 Relating to Public
Statements at City Council Meetings.
2. First Reading of Ordinance Amending Section 2.62.030 Relating to Term of Office
of Keep Bakersfield Beautiful Members.
3. First Reading of Ordinance Amending Section 3.40.040 Relating to Reports and
Remittances for Transient Lodging Tax.
4. First Reading of Ordinance Amending Chapter 3.40 by Adding Section 3.40.140
Relating to Disclosure of Confidential Information
5. First Reading of Ordinance Amending Section 5.02.010, subsection E, Relating to
Business License Tax Definitions.
6. First Reading of Ordinance Adding Chapter 10.66 Relating to Access to
Freeways, Expressways, or Designated Portions thereof.
7. First Reading of Ordinance Amending Section 12.16.140 Relating to Security
Requirements for Construction Work in Streets.
8. First Reading of Ordinance Amending Section 12.56.020, subsection E, Relating
to Community Parks.
9. First Reading of Ordinance Amending Section 13.12.030, subsection B, Relating
to Development Improvement Standards and Specifications.
10. First Reading of Ordinance Amending Chapter 14.04, Sections 14.04.01 1 and
14.04.240, subsection A, Relating to Water Service Areas and Installation of
Water Service Connections.
11. First Reading of Ordinance Deleting Section 14.24.050 Relating to Pits.
12. First Reading of Ordinance Amending Chapter 15.79 Relating to Density
Bonuses.
13. First Reading of Ordinance Amending Section 16.32.060, subsection D, Relating
to Payment of Fees for Planned Drainage Facilities.
14. First Reading of Ordinance Amending Section 17.08.125 Relating to Street
Setback Exceptions.
15. First Reading of Ordinance Amending Sections 17.58.110, subsection E, and
17.58.210 Relating to Parking Space requirements.
RECOMMENDATION:
Staff recommends First Reading of the proposed ordinance amendments.
ADMINISTRATIVE REPORT
BACKGROUND:
Periodically, various Departments throughout the City request changes to the Bakersfield
Municipal Code which are minor in nature. Generally, the changes are being sought to make a
section read better or to reflect current practice or correct typographical errors.
The following is a list of ordinances that are being recommended by Staff for changes:
1. BMC Section 2.04.100. The amendment revises the length of time for public
statements during City Council meetings.
2. BMC Section 2.62.030. The amendment clarifies the term of committee members
and alternates and corrects a typographical error.
3. BMC Section 3.40.040. The amendment omits outdated language from 1960.
4. BMC Chapter 3.40. The amendment adds a section to document the City practice
limiting the requirement to disclose certain information provided to the City by payers of Transient
Occupancy Tax. It mirrors disclosure provisions for business license payers.
5. BMC Section 5.02.010. The amendment clarifies the meaning of Massachusetts
Business Trust in the definition of "persons."
6. BMC Chapter 10.66. This amendment adds a section which restricts use of limited
access highways and freeways by pedestrians, bicycles and other non - motorized traffic.
7. BMC Section 12.16.140. This amendment makes this section consistent with chapter
16.32 which was previously amended to limit security options to bonds, cash deposits, and letters
of credit.
8. BMC Section 12.56.020(E). This amendment adds two additional parks to the list of
community parks.
9. BMC Section 13.12.030. The amendment updates the list of standard manuals
which provide the City's development improvement standards.
10. BMC Chapter 14.04, Sections 14.04.011 and 14.04.240(A). The amendment changes
references to Ashe Water Service Area to City Domestic Water Service Area and clarifies who is
permitted to install a service connection from the City's water main to a customer's premises.
11. BMC Section 14.24.050. This ordinance deletes an outdated and unnecessary
section of the Code related to privies.
12. BMC Chapter 15.79. This amendment makes the Chapter consistent with state law
requirements related to density bonuses and City practice.
13. BMC Section 16.32.060(D). The amendment updates the list of planned drainage
areas.
14. BMC Section 17.08.125. The amendment clarifies that the application of the front
setback is based on the number of developed lots within a block.
ADMINISTRATIVE REPORT
15. BMC Section 17.58.1 10(E) and 17.58.120. The amendment clarifies the application
of parking requirements to an adult day care facility, and clarifies that "Old Town Kern," as
currently defined in the Code (formerly part of the "redevelopment project area" eliminated by
state law), is subject to the parking space requirements of the section.
AH:lsc
SACOUNCIL\Ndmins \13-14 Admins\Cleanup 2013.docx
MEETING DATE: November, 2013 AGENDA SECTION: Consent Calendar
ITEM: a. e
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Douglas R. Greener, Fire Chief
October 22, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER S
Adoption of Ordinance Amending Chapter 15.65 of the Bakersfield Municipal
Code Relating to the California Fire Code. (All wards)
RECOMMENDATION:
Staff recommends adoption of the proposed ordinance amendment.
BACKGROUND:
The first reading of the above listed ordinance amendment was at the Council meeting of
October 16, 2013.
The State has adopted the 2013 Edition of the California Fire Code which is a modified version
of the 2012 International Fire Code. This is part of the normal code adoption cycle which occurs
every three years. Fire departments are authorized to locally amend and adopt the California
Fire Code, provided the local amendments are no less stringent than the State -wide standards.
The 2013 California Fire Code includes a requirement for fire sprinklers in all new single and multi-
family dwellings, which has previously been in effect since 2011. Fire staff has met with the
Home Builders Association about the adoption of the new codes. Staff has received minimal
comments.
The 2013 California Fire Code includes a requirement for fire sprinklers in all new bars, nightclubs,
and banquet halls with an occupant load of 100 persons or more. This ordinance provides for a
fire alarm to accompany a fire sprinkler system in all new bars, nightclubs, and banquet halls
where alcohol is served. This local amendment makes the fire alarm requirement consistent
with the fire sprinkler requirement.
The remainder of the proposed code changes are strictly re- numbering of existing provisions.
State law requires that the City of Bakersfield adopt these codes by January 1, 2014.
A copy of the code is on file at the City Clerk's office for review.
H. Wines /CBlair
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 18, 2013
PPROVED
DEPARTMENT HEAD
CITY ATTORNEY. A�
CITY MANAGER-
Adoption of Ordinance Amending Chapter 14.12 of Title 14 of the Bakersfield
Municipal Code Relating to Sewers (All Wards).
RECOMMENDATION: Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was at the City Council meeting held on October 16, 2013. There
were no written or oral comments made by the public at the hearing.
The United States Environmental Protection Agency (EPA) and the California Central Valley
Regional Water Quality Control Board (RWQCB) conduct joint inspections of the City's
wastewater treatment plants and its industrial user pretreatment program every other year,
which regulates all industrial users that discharge their wastewater into the City's sewer system. In
2010 and 2012, the EPA made a finding as part of its joint inspection that the City was required to
revise and update its Sewer Use Ordinance (SUO) and industrial user pretreatment program to
specifically include three particular federal requirements. The City's SUO primarily corresponds to
guidelines and regulations issued by the EPA and RWQCB.
The following highlights the new provisions of the SUO as recommended by the EPA:
1) Clarification that slug control requirements must be referenced in Significant Industrial User
(SIU) control mechanisms. [40 CFR 403.8(f) (1) (iii) (B) (6)]
2) Revisions to Significant Non Compliance (SNC) definition. [40 CFR 403.8(f) (2) (viii) (A -C)]
3) Modifications to the sampling requirements and a clarification to the requirement to report all
monitoring results. [40 CFR 403.12(g)]
The new ordinance incorporates EPA's "streamlining regulations" and adds other provisions
which strengthen the City's legal authority to carry out the industrial user pretreatment program.
The federal streamlining updates to the SUO are considered non - substantial modifications by
EPA. The other provisions that were added to the SUO in BMC Section 14.12.325, primarily for
clarification of industry reporting requirements, codifies what the City has been doing in practice
and qualifies as substantial modifications per the EPA's federal regulations, which require that the
City hold a public hearing to allow for public comment.
JHRAII
October 18, 2013, 1 IMAM
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ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2013 AGEND SECTION: Consent Calendar
ITEM
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: October 18, 2013
CITY ATTORNEY
CITY MANAGER /e-S
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 the demolishment of dangerous
buildings and authorizing collection of the assessments by the Kern County Tax
Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on October 14, 2013, 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 and /or were determined to be in violation of
Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous
buildings. 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
Ward 1
1. 3409 Anderson Street
2. 904 Bradshaw Street
3. 229 S. Brown Street
4. 420 S. Brown Street
October 18, 2013, 4:34PM /kd
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APN COST
172- 091 -08 $ 680.00
170- 141 -01 $ 798.00
019- 192 -06 $ 1,099.00
019 - 072 -02 $ 830.00
ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 1
APN COST
5.
811 S. Brown Street
019- 131 -09
$
1,499.00
6.
906 S. Brown Street
019- 153 -03
$
1,019.00
7.
1020 S. Brown Street
019 -051 -10
$
1,069.00
8.
908 Casino Street
170- 222 -02
$
725.00
9.
122 Clifton Street
018 - 390 -09
$
700.00
10.
3127 Cottonwood Road
170- 200 -41
$
300.00
11.
3408 Cottonwood Road
172- 101 -10
$
715.00
12.
3410 Cottonwood Road
172 -101 -11
$
1,005.00
13.
122 Dr. Martin Luther King Jr. Blvd.
018- 400 -06
$
1,300.00
14.
1216 El Rancho Drive
011 - 351 -23
$
300.00
15.
716 S. Haley Street
019-111-04
$
719.00
16.
240 Hayes Street
018- 310 -03
$
1,585.00
17.
133 S. King Street
018- 160 -19
$
1,529.00
18.
329 S. King Street
018- 140 -20
$
1,055.00
19.
South of 231 L Street
010- 260 -04
$
105.00
20.
3604 Meeks Avenue
172- 134 -16
$
680.00
21.
132 Milham Drive
139- 421 -06
$
700.00
22.
219 Northrup Street
018- 310 -15
$
1,069.00
23.
3406 Oliver Street
172- 101 -41
$
939.00
24.
319 S. Owens Street
018 - 290 -18
$
725.00
25.
1500 Pacheco Road #6
171- 200 -06
$
750.00
26.
3608 Shellmacher Avenue
172 -133 -15
$
700.00
* 27.
431 S. Williams Street
019- 082 -12
$
4,810.00
28.
526 E. 3rd Street
139- 293 -08
$
300.00
29.
640 E. 3rd Street
139- 294 -25
$
700.00
30.
1212 E. 3rd Street
018- 310 -01
$
699.00
31.
110 E. 8th Street
139 - 191 -13
$
1,249.00
* 32.
1404 E. 9th Street
018- 061 -29
$11,044.00
* Demolished structures
Ward 2
33.
507 Butte Street
016- 430 -04
$
665.00
34.
1312 E. California Avenue
017- 360 -11
$
105.00
35.
137 Candy Street
020 - 266 -03
$
835.00
36.
1311 Eureka Street
017- 330 -03
$
105.00
37.
1018 Gage Street
015- 380 -09
$
725.00
38.
1104 Gage Street
015 -350 -11
$
714.00
39.
524 Homaker Place
002 - 112 -30
$
105.00
40.
1420 Kentucky Street
015- 420 -08
$
745.00
41.
1426 Lake Street
015- 310 -13
$
750.00
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ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 2
42.
1432 Lake Street
015 -310 -11
$
750.00
43.
1011 Monterey Street
015- 350 -04
$
300.00
44.
1523 Monterey Street
015- 300 -06
$
959.00
45.
1206 Oregon Street
015 - 100 -15
$
1,049.00
46.
1019 Pacific Street
015- 080 -05
$
1,069.00
47.
2200 Park Way
007 - 081 -10
$
300.00
48.
1709 16th Street
004 - 042 -04
$
1,000.00
49.
830 25th Street
005 - 151 -03
$
685.00
Ward 3
50.
3221 Apollo Street
146- 042 -10
$
1,615.00
51.
2613 Cardinal Way
382- 042 -04
$
1,325.00
52.
4117 Coronado Avenue
146- 072 -05
$
1,580.00
53.
3221 Hollins Street
021 - 342 -24
$
1,545.00
54.
10804 Patagonia Way
531 - 121 -08
$
300.00
55.
3409 Petite Sirah Street
146 -641 -20
$
300.00
56.
5813 Tandil Way
531 - 131 -03
$
300.00
57.
5817 Tandil Way
531 - 131 -02
$
300.00
58.
8300 Waterfield Drive
494- 323 -06
$
750.00
Ward 4
59. 4804 Native Dancer Drive 526 - 244 -08 $ 950.00
60. 10700 Twin Falls Drive 500 - 081 -06 $ 300.00
Ward 5
61.
11100 Camino Majorca
394- 092 -04
$
300.00
62.
4709 Chaney Lane
392 - 261 -09
$
600.00
63.
10609 Galway Bay Drive
394 -142 -11
$
975.00
64.
10719 High Plateau Way
497 - 232 -09
$
775.00
65.
8455 Ming Avenue
389 - 370 -04
$
1,635.00
Ward 6
66.
3600 Ashe Road #3
384 - 410 -03
$
300.00
67.
3600 Ashe Road #4
384 - 410 -04
$
300.00
68.
3600 Ashe Road #5
384 - 410 -05
$
300.00
69.
4712 Misty Court
440 -143 -16
$
700.00
70.
8000 Moss Crossing Avenue
498 -061 -10
$
105.00
71.
5108 Prairie Wheat Avenue
532 - 114 -13
$
105.00
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ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 6
72. 5813 Seasons Valley Court 499 - 500 -31 $ 300.00
73. 3818 Wilson Road 440 - 053 -01 $ 825.00
Ward 7
74.
901 Berkshire Road
516- 360 -10
$
600.00
75.
East of 2703 Berkshire Road
515- 020 -02
$
750.00
76.
8807 Brannock Street
514- 171 -18
$
860.00
77.
1413 Canyon Court
412 - 243 -18
$
600.00
78.
2029 Hosking Road
514 - 030 -25
$
300.00
79.
5704 Marbella Street
371 - 131 -12
$
600.00
80.
904 Marmara Avenue
517- 461 -08
$
105.00
81.
4303 Oregano Road
515- 234 -07
$
300.00
82.
4600 Pacific Crest Way
405- 291 -12
$
600.00
83.
3808 Whirlwind Drive
515- 171 -03
$
600.00
The owners of the above - mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above - mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
October 18, 2013, 4:34PM /kd
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ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: S. h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
October 10, 2013
A PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER �r
American Public Works Association Accreditation Process:
1. Resolution determining that the Bakersfield City Council supports the Public
Works Department pursuing the American Public Works Association (APWA)
accreditation process.
2. Agreement with the Accreditation Council, a Division of the American Public
Works Association (APWA) ($20,200.00 plus direct costs associated with on -site
evaluation) to undergo the APWA Accreditation process.
RECOMMENDATION: Staff recommends approval of resolution and agreement.
BACKGROUND: This Resolution and Agreement allows the Public Works Department to pursue
the APWA accreditation process. The APWA is an internationally recognized organization
which exists to develop and support the people, agencies, and organizations that plan, build,
maintain, and improve our communities. Working together, APWA and its membership
contribute to a higher and sustainable quality of life.
The purpose of the accreditation process is to promote excellence in the operation and
management of a Public Works agency. Accreditation is important to agencies that seek a
method of demonstrating that the Agency is well- managed, complies with recommended
best practices, and is dedicated to the continuous improvement of public works
management practices. A few of the benefits of the accreditation process include:
• A process for conducting a needs assessment to ensure that all critical services have
been addressed.
• A process for setting goals for improvement of all practices, facilities, and services.
• Increased productivity and effectiveness through critical evaluation of programs and
services.
• Tools for establishing performance measurement systems and internal performance
standards for operations, management and administrative functions.
• An opportunity for professional development of the Agency's staff.
• A process for staying abreast of the latest developments in public works operation and
maintenance.
Accreditation is a lengthy process involving many steps: self- assessment phase, application
GI
G: \GROUPDAT \ADMINRPT \2013 \11 -06 \APWA Accreditiation.docx
ADMINISTRATIVE REPORT
phase, improvement phase, evaluation phase, and accreditation phase. The accreditation
process typically takes two to three years to complete. However, the benefits to be realized
from the accreditation process are substantial.
The $20,200 accreditation fee is based upon the agency's population and the number of
functional areas (practice statements). The agency is also to reimburse the APWA for airfare,
meals, hotel, parking, and incidentals during travel for the Evaluation Team. Estimated cost for
this item is $5,000.
The APWA accreditation process recommends the commitment of the Agency's governing
body since the commitment of key leadership is a key element of a successful accreditation
process. Adoption of the attached Resolution formally documents Council's commitment. The
Bakersfield Municipal Code stipulates the procedures for executing agreements. Agreements
over $40,000 require City Council approval. This Agreement with the APWA falls under the
$40,000 threshold. However, Council approval of this Agreement further documents Council's
support of the accreditation process.
Sufficient funds are budgeted to cover the $20,200 accreditation fee. The estimated $5,000
reimbursement cost will be included in next year's proposed operating budget. Funding
sources for accreditation costs include the General Fund, Refuse Fund, and Wastewater Fund.
gl
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p� oe,��RS
ADMINISTRATIVE REPORT
RY
s
LI 0
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: October 24, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 8 to Agreement No. 97 -39 with California ubli Employee's
Retirement System (CaIPERS).
1. Resolution of Intention to approve an Amendment to the Contract with
California Public Employees' Retirement System.
2. First Reading of Ordinance authorizing an amendment to the contract with the
Board of Administration of the California Public Employees' Retirement System to
provide Section 21548 (Pre- Retirement Option 2W Death Benefit) for local police
safety members.
RECOMMENDATION:
Staff recommends adoption of the Resolution of Intention and First Reading of the Ordinance.
BACKGROUND:
The Resolution of Intention and the accompanying Ordinance authorizing an Amendment to the
Contact between the City and CalPERS represent the procedural steps required by CaIPERS in
order for the City to implement changes to the contract that have been brought about by prior
Council action.
On March 6, 2013 Council approved a new Memorandum of Understanding (MOU) between the
City and the Bakersfield Police Officers Association (BPOA) which outlines the "Terms and
Conditions of Employment" for represented members. Included within those terms was the
implementation of the Pre - Retirement Option 2W Death Benefit. This benefit allows the spouse or
registered domestic partner of a deceased member, who was eligible to retire from service at
the time of death, to elect to receive the Pre - Retirement Option 2W Death Benefit in lieu of the
lump sum Basic Death Benefit. This benefit is a monthly allowance equal to the amount the
member would have received if he /she had retired from service on the date of death and
elected Option 2W. This change was an agreed upon item in negotiations, approved by a vote
CT
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BAKE
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ADMINISTRATIVE REPORT
LIFO
of the membership, and thus was included in the Council's Resolution setting "Terms and
Conditions of Employment.” The impact of this change to the total employer rate is .072% (FY 13-
14 from 35.094% to 35.166 %). Upon approval all units will now be covered and have the Pre -
Retirement Option 2W Death Benefit.
CaIPERS requires that the City adopt a Resolution of Intention and have first reading of the
Ordinance at least twenty (20) days prior to the final adoption of the Ordinance. To comply with
the requirement the second reading and adoption of the attached Ordinance will be scheduled
for the December 11, 2013 City Council Meeting.
CT
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ADMINISTRATIVE REPORT
c lr, •►
1
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: '
TO: Honorable Mayor and City Council
FROM: Art R. Chianello, Water Resources Manager
DATE: October 23, 2013
APPROVED
DEPARTMENT HEAD_
CITY ATTORNEY
CITY MANAGER
SUBJECT: Reimbursement Agreement with North Kern Water Storage District (not to
exceed $53,861) for City's pro -rata share of costs to participate in Kern River
Weather Modification Program for the 2013/14 season. (Wards 1 through 7)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City of Bakersfield and its predecessors have participated in the Kern River
Weather Modification Program (KRWMP) for nearly fifty years. The main objectives of the
"cloud seeding" program or effort is to increase the overall water yield of the Kern River by
"targeting" precipitation to occur in the snow shed above Lake Isabella. This program is jointly
funded by several local agencies with interest in the levels of precipitation within Kern River
Basin.
Each of the participants of this program believes it has proven to be successful over the years.
The results from various fundamental and statistical ongoing studies strongly indicate that
increases in precipitation within the range of 5 -15% have been achieved from properly
designed and operated cloud seeding programs. Prominent among these studies has been
those focused on orographic wintertime clouds, particularly the programs over the Sierra
Nevada mountain range in California.
The participants in this local program include the City of Bakersfield, North Kern Water Storage
District, Kern Delta Water District and Buena Vista Water Storage District. Under current
arrangements, NKWSD (lead agency) has entered into an agreement with RHS Consulting, Ltd.
(Contractor), to carry out and supervise the Weather Modification Program for an estimated
amount not to exceed Two Hundred Fifteen Thousand four hundred forty two Dollars
($215,442). The shared cost for each participant is twenty -five percent (25 %) of the total costs
of the program not to exceed Fifty -Three Thousand Eight Hundred Sixty -One Dollars ($ 53,861).
The purpose of the reimbursement agreement with NKWSD enables the City to be a 257o
participant in the weather modification program.
At its October 15, 2013 meeting, the Water Board approved participation in Kern River
Weather Modification Program and recommended that this reimbursement agreement be
forwarded to City Council for approval.
Funding for this agreement is included in the Water Resources Department FY 2013 -2014
operating budget. There will be no General Fund dollars spent on this program.
MR
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ADMINISTRATIVE REPORT
IF
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8. K
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: October 17, 2013
AP OVE
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Siemens Corporation ($310,000.00) to furnish and install an aeration
blower for Wastewater Treatment Plant 3 (Ward 6).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: At the September 11, 2013 City Council meeting, Resolution No. 110 -13 was
approved which determined that a Siemens replacement aeration blower at Plant 3 could not
be obtained through the usual bidding procedures because of the need to integrate the blower
into existing plant processes and authorizing the Finance Director to dispense with bidding. A
copy of Resolution No. 110 -13 is attached for reference. In addition, at the same Council
meeting, an appropriation of $350,000 was approved for the purchase and installation of this
aeration blower.
On tonight's agenda is the agreement with Siemens Corporation that provides for the purchase
and installation of the replacement aeration blower at Plant 3. The variance between the
$310,000 agreement amount and the $350,000 appropriation is required for potential change
orders and miscellaneous costs associated with the purchase and installation of the replacement
blower.
As noted on the September 11 th Administrative Report, one of the five Siemens aeration blowers
experienced a catastrophic failure during its operation and is not currently available to the
treatment process. All five aeration blowers must be operational for optimal treatment of
wastewater influent. Siemens aeration blowers are a reliable and effective product. The failure
experienced at Plant 3 was not a result of the equipment malfunctioning. An investigation of the
incident revealed that the cause of the failure was a bolt to the foundation working itself loose,
which in turn caused excessive vibration and failure. The manufacturer's representative, the
Design Engineer (Parsons) staff, and City staff concur that replacement of the blower is the most
cost effective option for the City. Similar model equipment is required for proper operation and
integration of treatment processes at the Plant. Compatible Siemens aeration blower is only
available from Siemens Corporation. Siemens has offered the City a 20% discount on the
replacement blower.
Sewer Enterprise funds provide the funding source for this agreement; therefore, there is no
General Fund impact associated with this agreement.
RebNVW Div
October 21, 2013, 10:12AM
G: IGR0UPDATADMINRPT2013 \11.060emens Agreement for W WTP 3 Blower.doc
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: B. 1.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
Andrew Heglund, Deputy City Attorney
DATE: October 24, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER S
SUBJECT: Settlement Agreement and Release of All Claims with MGE Underground, Inc.
($257,743.17 funded with Transportation Development Funds; release of $217,320.70
in retention) for work performed on the Westside Parkway, Phase 6A, Relocation of
Utilities Project (TRIP) (Ward 4).
1i *0=7 t0ff AlKel J,
Staff recommends approval of the Settlement Agreement and Release of All Claims.
BACKGROUND:
This item is related to Change Order No. 15 to Agreement No. 11 -011, which was previously
approved by the Council on September 25, 2013. The 09 -25-13 Administrative Report is attached.
The Westside Parkway Phase 6A Utility Relocation Project required relocation of approximately
3000 feet of 16 -inch waterline, about 2800 feet of 36 -inch sewer main line, and construction of a
concrete box culvert for the canal that supplies the Rosedale -Rio Bravo Water Storage District
recharge operations. The project also included the construction of a detour for Allen Road in the
area of the Westside Parkway. All this work was in preparation for the Westside Parkway Phase
6B project, which was the Allen Road Interchange /Bridge.
On April 9, 2013, MGE Underground Inc. (MGE) filed a complaint for Public Works Contract
Arbitration with the State Office of Administrative Hearings claiming that MGE incurred damages
resulting from differing site conditions encountered during its work on the project. MGE was also
liable to the City for contractual liquidated damages for delays in completing the project. After
MGE filed its complaint, MGE and staff were able to reach a comprehensive agreement on all of
MGE's and the City's claims.
The agreement provided that, in exchange for MGE's release of any and all claims against the
City for MGE's work on the project, the City will pay MGE $257,743.17 and release $217,320.70 in
retention held once the mechanic's lien period for the project has expired. At the September 25,
2013 Council meeting, the Council approved Change Order No. 15, agreeing to pay the change
order as full and final compensation for MGE's work on the project.
The attached Settlement Agreement and Release of All Claims before the Council completes
the resolution of MGE's claim by requiring MGE to dismiss its complaint against the City and
release any and all claims MGE has or may have arising out of its agreement with the City to
work on the project.
AH /vl
Attachments: Agreement & 9 -25 -03 Administrative Report
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ADMINISTRATIVE REPORT
io
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: October 15, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Street Utility Cut Guarantee Agreement with Vaughn Water Company in which
water purveyor guarantees the quality of its work repairing city streets after
installing, replacing or repairing purveyor's water lines within city streets (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Vaughn Water Company, a water purveyor within Northwest Bakersfield, must
occasionally make utility cuts within the City's street right -of -way to maintain their water lines.
The City requires that a utility company that wishes to make utility cuts within City streets pay a
deposit and pavement degradation fee for each street cut unless the utility company is willing
to guarantee the quality of its work in repairing and replacing City streets after making any
street cuts. Vaughn Water is willing to guarantee the quality of its work in repairing, replacing,
and restoring the streets after making any street cuts within City right -of -way.
Currently, Vaughn Water must obtain a street permit for each individual project regarding their
water lines. With every street permit, Vaughn Water is required to pay a deposit and a
pavement degradation fee. With the Street Utility Cut Guarantee Agreement, a permit is still
required for each individual project. However, payment of a deposit and pavement
degradation fee is not required since the utility company is guaranteeing their work. Vaughn
Water desires to enter into a Street Utility Cut Guarantee with the City that guarantees the
company will repair any substandard work done to City streets as a result of its installing,
replacing or repairing water lines. City staff will inspect all repairs to ensure City standards are
met. There is no cost to the City associated with this guarantee agreement.
bw
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ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8, A.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: October 23, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: License agreement with East Niles Community Services District to locate water lines
and an access road in conjunction with Morning Drive Interchange Project through
City parcel (APN 434 - 010 -06) "TRIP ". (Ward 2)
RECOMMENDATION: Staff recommends approval of license agreement.
BACKGROUND:
East Niles Community Services District (ENCSD) has requested the City grant them a license
agreement over property acquired by the City (APN 434 - 010 -06) for the Morning Drive
Interchange Project. It is necessary for the City to grant the license to allow ENCSD to locate
water line facilities that will provide service to adjacent parcels and through the future
constructed Morning Drive overpass bridge. ENCSD will be paying the City a one -time fee of
Five Thousand Dollars ($5,000.00) for the license.
The TRIP Division of the Public Works Department has reviewed their request and recommends
approval.
October 23, 2013, 3:15PM
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ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2013 AGENDA SECTION Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: October 16, 2013
APPROVED
DEPARTMENT HEAD M,
CITY ATTORNEY'
CITY MANAGER_
SUBJECT: Amendment No. 2 to Agreement No. 13 -062 with Cen -Cal Construction
($150,000.00; revised not to exceed $609,164.60) for the construction of HUD curb
and gutter and to extend agreement by six months (Wards 1, 2).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Bids were solicited from contractors for the construction of curbs, gutters and
sidewalks used in HUD qualifying areas of the City. The HUD curb and gutter construction
contract was awarded to Cen -Cal Construction for $309,164.60 at the April 13, 2013 City Council
meeting.
Amendment No. 1 was approved by Council on September 25, 2013. This Amendment added
$150,000 to complete anticipated curb and gutter work in the Alta Vista and East California
residential areas. Both project areas were funded with Fiscal Year (FY) 12 /13 HUD allocations.
The FY 2013/14 HUD allocation included the following two project areas:
Curb, gutter and sidewalk work for the East California area (continuation of the FY 12/13
project) - This project area is within Ward 1. Work will include the installation of curb,
gutter, and sidewalk prior to reconstructing and paving streets in an area generally
bounded by East California Avenue, Brundage Lane, Dr. Martin Luther King Jr. Blvd, and
Union Avenue.
Curb, gutter and sidewalk work for the East Truxtun area (new project area) - This project
area is within Ward 2. Work will include the installation of curb, gutter, and sidewalk prior to
reconstructing and paving streets in an area generally bounded by East Truxtun Avenue,
Baker Street, East California Avenue, and Williams Street.
The necessary environmental work has been completed for both projects. An Invitation to Bid will
soon be issued for the East Truxtun project area. FY 2013/14 funding for the East California area
can be added to the current agreement since this project area was included in the last bid
solicitation. Staff recommends the addition of FY 13/14 funding to the current agreement since
work is currently underway in the East California area. Staff also recommends extending the
contract term by six months to allow sufficient time to complete the work.
gl
October 29, 2013, 10:28AM
G:\GROUPDAT ADMINRPT\2013 \11- 06\Amendment - Cen Cal.doc
ADMINISTRATIVE REPORT
No additional appropriations are necessary to fund this amendment. Since this project includes
federal funding, this project is subject to prevailing wages. Additionally, this curb, gutter, and
sidewalk contract is funded with Community Development Block Grant funds; therefore, there is
no General Fund impact associated with this agreement.
gl
October 29, 2013, 10:28AM
G: \GROUPDAT\ADMINRPT \2013 \11- 06\Amendment - Cen Cal.doc
13A
�yCpV0�Ar0 V
ADMINISTRATIVE REPORT
I0
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: October 23, 2013
APPROVED
DEPARTMENT HEAD N&
CITY ATTORNEY (� ..1—
CITY MANAGER k
SUBJECT: Amendment No. 1 to Agreement No. 12 -151 with Toter LLC; extending the
contract term one year, and adding $3,487,662.75 (for a total not to exceed
amount of $6,975,325.50) to continue the supply of refuse, recycling, and green
waste carts. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On November 14, 2012, Council approved the Annual Contract for the supply
of trash and recycling carts to Toter LLC, in the amount of $3,487,662.75; renewable annually
thereafter for four consecutive one -year periods.
Approval of the amendment will allow the City to continue the recycling cart distribution
program, and meet the demand for new and replacement of the refuse, recycling, and green
waste carts. Funds are budgeted in the Solid Waste Department Enterprise Fund for this
contract.
If approved, Amendment No. 1 will add $3,487,662.75 and extend the term one year allowing
the supply of refuse, recycling, and green waste carts for the next year.
Purchasing Division/ch
S:\PURCH\ADMIN\Amendments 13 -14\AC for Trash & Recycling Carts #I to Agreement 12 -151 Toter Inc.docx
October 23, 2013 3:17 PM
A
OFyw��v
ADMINISTRATIVE REPORT
IF
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Dianne Hoover, Recreation and Parks Director
DATE: October 25, 2013
APPROVED
DEPARTMENT HEADI/L'
CITY ATTORNEY �--�
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 13 -094 with Brown and Fowler
Construction, Inc. ($19,178; revised not to exceed $350,178) for the Beale and
Saunders Parks Playground Rehabilitation Project (Ward 2).
RECOMMENDATION:
Staff recommends approval of Contract Change Order.
BACKGROUND:
This project includes the removal and replacement of the existing outdated playground
equipment at Beale Park and Saunders Park.
During removal of the existing playground equipment at Beale Park, an electrical conduit made
of transite was discovered. City staff does not have the equipment or the expertise to remove
transite, which is an asbestos - cement product. The contractor has agreed to remove and
dispose of the transite conduit for a lump sum of $1,380.
Furthermore, the Saunders Park project will have remaining available funds realized by the
contractor's favorable bid that came in under budget. There is an opportunity to utilize
remaining available funds for the installation of additional ADA accessible playground safety
surfacing beneath and leading to the accessible swing area. The contractor has agreed to
install this additional surfacing material for a lump sum of $17,798.
This is the first change order to be submitted for this project. This change order will increase the
project total by $19,178 (which results in an approximate 5.8% increase of the original contract
amount) as illustrated below:
Original Contract Amount = $331,000
Amended Contract Agreement after Change Orders = $350,178
Net Increase to date = $ 19,178
TJ
October 25, 2013, 10:32AM
S:2013admin /beale & saunders playground
F wv a
ADMINISTRATIVE REPORT
Sufficient funds are budgeted for the Beale Park and Saunders Park Playgrounds through the
Park Improvement Fund and the Capital Outlay Fund, respectively. There is no General Fund
impact associated with this Change Order.
TJ
October 25, 2013, 10:32AM
S:2013admin /beale & saunders playground
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: 19, r.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: October 8, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $100,000 additional construction inspection revenue to the Public
Works Department's operating budget within the Development Services Fund for
construction inspection services related to development activity (all Wards).
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: When development activity decreased in 2007, the number of construction
inspectors performing inspections of a development's public infrastructure was right -sized to
correlate with service levels. Currently, there are two construction inspectors handling
inspections for developments. With the current upswing in development activity, two
inspectors are insufficient to meet service level demands. Whenever possible, inspectors from
the CIP Section have been assigned development related projects. However, with the current
CIP and development workload, additional resources are needed to complete CIP projects in
a timely manner and to provide acceptable service levels for the development community.
To address this demand for services, staff recommends the appropriation of additional
construction inspection revenue to provide funding for the use of outside consultants for "on-
call" inspection services. The City currently has three active Consultant agreements with
McIntosh & Associates, Meyer Engineering, and MNS Engineers to provide "on- call"
construction inspection services for Capital Improvement Projects and development projects.
These agreements have sufficient compensation remaining to cover the anticipated increase
for outside consultant work. As supplemental information, these three agreements will expire
by the end of this calendar year. Staff is in the process of issuing Requests for
Qualifications /Proposals for the next two -year cycle for these services.
Staff does not currently recommend adding new construction inspector positions to the City's
complement at this time. The need for additional positions may be addressed during the next
budget cycle if demand for development related inspections continues at its current pace.
Because of the upswing in development activity, additional construction inspection revenue is
available to fund the increased need for on -call inspection services. Therefore, there is no
General Fund impact associated with this appropriation.
GI
G: \GROUPDAT \ADMINRPT \2013 \1 1 -06 \Appropriation Admin Report - Construction Inspection Services.docx
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: Q. S
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: October 9, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Bike lane improvements on Akers Road between McKee Road to Wilson Road
(Wards 6 & 7)
Appropriate $223,200 Transportation Development Act Article 3 Grant funds and
appropriate and transfer $24,800 General Fund balance (Property Tax
Administration Fee Refund) to the Public Works Department's Capital
Improvement Budget within the Bikeway and Pedestrian Pathway Fund and the
Capital Outlay Fund respectively for the project.
RECOMMENDATION: Staff recommends approval of appropriations and transfer.
BACKGROUND: Kern Council of Governments requested member organizations to submit grant
applications for Transportation Development Act Article 3 (Bicycle and Pedestrian Facilities)
funds. Public Works staff submitted an application for bike lanes and pedestrian access
improvements for the following locations within the metropolitan Bakersfield area:
• Bike lane improvements on Akers Road between McKee Road to Wilson Road
• Bike lane improvements on Haggin Oaks between Ming Avenue and Camino Media
• Bike lane improvements on Stockdale Highway between Renfro and Allen Road
• Bike lane improvements on Panama Lane between Buena Vista and Mountain Vista
• Bike lane improvements on Snow Road between Allen Road and Norris Road
• Pedestrian improvements on South Chester and El Sereno Drive
• Pedestrian improvements on Wilson Road between Stine Road and Akers Road
• Pedestrian improvements on Virginia Street between South King Street to MLK Jr. Blvd
The City was recently notified that the grant request for bike lane improvements on Akers
Road between McKee Road to Wilson Road was approved for $223,200. All other project
locations were not approved.
Of the $223,200 awarded for bike lane improvements on Akers Road, $112,149 is currently
available and $111,051 will be available in September 2014. Therefore, these bike lane
improvements will be phased based upon preliminary design and project analysis.
Design will begin shortly for the first phase of this project. Project limits for phase 1 will be based
upon the preliminary design, project analysis, and available funding.
GI/T4K223
GAGR0UPDAT \ADMINRPT \2013 \11 -06 \Appropriation Admin Report - Bike Lane on Akers Rd.docx
ADMINISTRATIVE REPORT
Staff recommends the appropriation of the $223,200 Article 3 grant award. Article 3 grant
applications receive additional points if local funds are committed to the project. A local
match of 10% ($24,800) was committed to this project. Therefore, staff recommends the
appropriation of $24,800 of property tax administration fee refund to fund the City's
commitment to this project.
This project is exempt from prevailing wage requirements.
PW /Design Engineering /JC/T2K256
10/10/2013 2:46 PM
G: \GROUPDAT\ADMINRPT \2013 \11- 06Wppropriation Admin Report - Bike Lane on Akers Rd.docx
,[JLZ -, .
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�F. 10 f�
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ADMINISTRATIVE REPORT
MEETING DATE: November 06, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. 4".
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: October 25, 2013
APPROVED
DEPARTMENT HEAD -1
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $215,569.00 Federal Grant Revenues (Selective Traffic Enforcement
Program Grant from the State Office of Traffic Safety) to the General Fund Police
Operating Budget, to fund overtime for traffic enforcement strategies, and to
purchase equipment and services for the Traffic Division.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND: The Bakersfield Police Department has been awarded $215,569.00 from the
State Office of Traffic Safety (O.T.S.) for the Selective Traffic Enforcement Program (STEP). The
purpose of the STEP grant is to reduce the persons killed and injured in crashes involving alcohol,
speed, red light running, and other primary collision factors by funding overtime to conduct "best
practice" enforcement strategies. The grant period is one year. The funded strategies,
equipment and services include:
• DUI Saturation Patrols
• Travel Expenditures for OTS Training
• Warrant Service Operations
• Lidar Devices
• Stakeout Operations
• Electronic Citation Devices
• Traffic Enforcement Operations
• Drug Testing
• Motorcycle Safety Enforcement Operations
•
• Distracted Driving Enforcement Operations
•
The funding source of this award is the National Highway Traffic Safety Administration through the
California Office of Traffic Safety. Therefore, an appropriation of $215,569.00 Federal Grant
Revenues to the General Fund Police Operating Budget is requested.
..
P:\BPDWDMIN RPTSWDMIN RPTS FY 13- 141ADMIN RPT - (11- 06 -13) 2013 OTS STEP GRANT (PT1478).docx
10/22/2013 3:26 PM Page 1 of 1
ADMINISTRATIVE REPORT
MEETING DATE: November 06, 2013 AGENDA SECTION: Consent Calendar
ITEM: $• U.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Greg Williamson, Chief of Police
APPROVED
DEPARTMENT HEAD P/
October 25, 2013 CITY ATTORNEY
CITY MANAGER /`-u
Appropriate $43,942.00 Federal Grant Revenues to the General Fund Police
Operating Budget, to fund the "A Life Interrupted" Program.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
The Bakersfield Police Department has been awarded $43,942.00 from the State Office of Traffic
Safety (O.T.S.) to fund the "A Life Interrupted" (ALI) program from 10/01/13 through 09/30/14. This
O.T.S. grant award will fund overtime for Traffic Officers to present the "A Life Interrupted"
program, and to purchase educational materials.
The Bakersfield Police Department has developed an award winning multimedia program
entitled "A Life Interrupted" which promotes safe and sober driving for young, newly licensed
drivers. Since the inception of the program, the BPD has presented the program to
approximately 12,000 high school students per year. The program consists of a traffic officer
discussing fatal collisions involving local teens, and emotionally reaches the students when the
mothers of some of the drivers killed in the collisions speak to the students about "their story."
The funding source of this award is the National Highway Traffic Safety Administration through
the California Office of Traffic Safety. Therefore, an appropriation of $43,942.00 Federal Grant
Revenues to the General Fund Police Operating Budget is requested.
DB
P: \BPDWDMIN RPTS\ADMIN RPTS FY 13- 141ADMIN RPT - (11- 06 -13) 2013 OTS ALI GRANT (AL1443).docx
10/2212013 4:01 PM Page 1 of 1
ADMINISTRATIVE REPORT
MEETING DATE: November 06, 2013 AGENDA SECTION: Consent Calendar
ITEM: S. V.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: October 25, 2013
APPROVED
DEPARTMENT HEAD P)
CITY ATTORNEY I
CITY MANAGER S
SUBJECT: Appropriate $130,000.00 Federal Grant Revenues (FY2013 -14 Sobriety Checkpoint
Grant Award from the State Office of Traffic Safety) to the General Fund Police
Operating Budget, to fund overtime for DUI checkpoints in the Traffic Division.
RECOMMENDATION: Staff recommends approval of the appropriation.
BACKGROUND:
On September 13, 2013 the Bakersfield Police Department was notified it was awarded
$130,000.00 from the State Office of Traffic Safety (O.T.S.) for the FY2013 -14 Sobriety Checkpoint
Grant Award.
The goal of the Sobriety Checkpoint Grant Program for 2013 -2014 is to reduce the number of
victims killed and injured in alcohol - involved crashes in participating cities. The period of this
grant, October 01, 2013 to September 30, 2014, encompasses two national mobilization periods:
the Winter Holiday Mobilization period, December 13, 2013 - January 01, 2014, and the Labor Day
Mobilization period, August 15, 2014 - September 01, 2014, and nine additional checkpoints
outside the mobilization periods.
The funding source of this award is the National Highway Traffic Safety Administration through
the California Office of Traffic Safety. Therefore, an appropriation of $130,000 Federal Grant
Revenues to the General Fund Police Operating Budget is requested.
DB
Page 1 of 1
U,
ADMINISTRATIVE REPORT
MEETING DATE: November 06, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. &J,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Greg Williamson, Chief of Police
October 25, 2013
APPROVED
DEPARTMENT HEAD 0.2
CITY ATTORNEY A --
CITY MANAGER _kl�_
Appropriate $195,000.00 Federal Grant Revenues to the General Fund Police
Operating Budget, to fund the Kern Avoid the 18 DUI Campaign.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
The Bakersfield Police Department has been awarded $260,000.00 from the State Office of Traffic
Safety (O.T.S.) to fund the KERN Avoid the 18 DUI Campaign (AVOID) from 10/01/13 through
09/30/14.
The Bakersfield Police Department will continue serving in the role as the host agency for a
Regional DUI effort in Kern County to reduce alcohol - involved fatalities and injuries, and raise
general public awareness regarding the problems associated with drinking and driving.
Participating agencies include Police Departments from the cities of Arvin, Bear Valley,
California City, CSUB, Delano, KC Parks and Rec, McFarland, Ridgecrest, Shafter, Stallion Springs,
Taft, Tehachapi, Kern County Sheriff's Department, KERN County Probation Department, ABC
and the California Highway Patrol.
Activities will include DUI Checkpoints, DUI Saturation Patrols, DUI Task Force Operations, DUI
Warrant /Probation Sweeps and Court Sting Operations for repeat DUI offenders during the
Winter Holiday Mobilization, Memorial Day Weekend, Independence Day Weekend /Period,
Summer Mobilization, special dates, county fairs, festivals, and other community events with
identified DUI problems.
The funding source of this award is the National Highway Traffic Safety Administration through
the California Office of Traffic Safety. Therefore, an appropriation of $195,000.00 Federal Grant
Revenues to the General Fund Police Operating Budget is requested.
DB
Page 1 of 2
ADMINISTRATIVE REPORT
The funded strategies, personnel, supplies and services include:
Overtime
• Task Force Operations
• DUI Saturation Patrols
• Public Information Officer
• Grant Management
• Warrant Service Operations
• DUI /Driver's License Check Points
Trainina
• Travel Expenditures for OTS Training
Contractual Services
• Contractual Services with Allied Agencies
• Phlebotomist services at DUI checkpoints
Supplies and Materials
• Checkpoint supplies
DB
Page 2
ADMINISTRATIVE REPORT
MEETING DATE: November 06, 2013 AGENDA SECTION: Consent Calendar
ITEM: A. X.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: October 25, 2013
APPROVED
DEPARTMENT HEAD 2,
CITY ATTORNEY A
CITY MANAGER Ar-
SUBJECT: Appropriate $100,000 County Grant Revenues to the General Fund Police
Operating Budget, to provide funding to deter, investigate, and prosecute real
estate fraud crimes.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
The California Government Code (GC 27388) provides each county with the authority to collect
and establish a Real Estate Fraud Prosecution Trust Fund. The money placed in this trust must be
expended to fund programs to enhance the capacity of local law enforcement and
prosecutors to deter, investigate, and prosecute real estate fraud crimes.
Kern County's Real Estate Fraud Prosecution Trust Fund was established by the Board of
Supervisors on October 30, 2007. The trust is funded by a fee of $2 paid for the recording of
certain real estate instruments, pursuant to GC 27388.
The funds are allocated by the Real Estate Fraud Prosecution Trust Fund Committee, which is
comprised of representatives from the District Attorney's Office, County Administrative Office,
Better Business Bureau, and the chief law enforcement officer of one law enforcement agency
receiving funding from the Trust. The latter is a non - voting member selected to serve a one -year
term, which may be renewed, by a majority of the other three representatives.
On September 10, 2013, the Kern County Board of Supervisors approved the allocation of
$100,000 to the Bakersfield Police Department for the investigation and deterrence of real estate
fraud crimes, from the Real Estate Fraud Prosecution Trust Fund.
The Bakersfield Police Department requests the amount of $100,000 be appropriated to the
General Fund Police Operating Budget.
DWB
Page 1 of 1
ADMINISTRATIVE REPORT
MEETING DATE: November 06, 2013 AGENDA SECTION: Consent Calendar
ITEM: S. V.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: October 25, 2013
APPROVED
DEPARTMENT HEAD nn 0,
CITY ATTORNEY 7`� �-
CITY MANAGER
SUBJECT: Appropriate $154,003.00 Federal Grant Revenues (2013 JAG /Byrne Local Grant from
the Bureau of Justice Assistance) to the General Fund Police Operating Budget, to provide
overtime for BPD School Resource Officers and Targeted Case Management services, in
partnership with Project 180, to assess and respond to internal / external threats in schools and to
reduce truancy.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
On July 17, 2013, the City Council adopted Resolution 093 -13 authorizing the Police Department
to apply for the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of
Justice. The Police Department was subsequently awarded a grant in the amount of $154,003.00.
"The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751 (a)) is the
primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds
support all components of the criminal justice system, from multi - jurisdictional drug and gang task
forces to crime pr6vention and domestic violence programs, courts, corrections, treatment, and
justice information sharing initiatives." Grants from the J.A.G. Program have a term of four years
and do not require any match from the City.
An appropriation of $154,003.00 Federal Grant Revenues to the General Fund Police Operating
Budget is requested to fund BPD overtime ($149,003) and Targeted Case Management services
($5,000) in partnership with Project 180. More details of this program, its goals and objectives, are
outlined on page two of this administrative report.
db Page 1 of 2
ADMINISTRATIVE REPORT Page 2
2013 JAG /BYRNE GRANT PROPOSAL
Schools in Bakersfield are equally at risk to threats, both internal and external, as are schools in
any other part of the nation. This nation has seen school violence in many forms. From
Columbine, where two school students killed twelve fellow students, an internal threat, to the
more recent Sandy Hook Elementary School, where Adam Lanza, an external threat, killed
twenty elementary school children. School threats in any form must be taken seriously. Truancy
also continues to plague many schools in the greater Bakersfield area. Despite numerous
interventions truancy is still a common occurrence that requires consistent attention and
multijurisdictional solutions.
The goals of this project are: (1) to partner with allied agencies, both governmental and
community based to identify, intervene and prevent school violence through threat assessment
partnerships; (2) Reduce school truancy by targeting individual, at -risk students who are
habitually truant; and, (3) Provide additional law enforcement services to targeted schools on an
on -going as needed basis.
The strategy we will use to accomplish these goals will be to employ School Resource Officers
(SRO) to area schools on an overtime basis. Before officers will be eligible for assignment as an
SRO they will be required to attend training. They will be deployed throughout the city and
supervised by a full -time sergeant who will be responsible for daily assignments. SROs will focus
their efforts on targeted schools in partnership with Project 180 to identify, intervene and prevent
school violence and truancy through a multijurisdictional approach. The approach utilizes
Targeted Case Management services that focus on the dynamic factors and will include, but not
be limited to Diversion programs, Cognitive - Behavioral treatment using the Aggression
Replacement Training (A.R.T.), Forward Thinking Interactive Journaling curriculums, and Parent
Project.
Project 180 is a gang prevention partnership dedicated to working with at -risk youth by helping
them make better decisions through caring adult relationships, after - school programs, youth
development, diversion programs, service learning, job skills training, tattoo removal, parenting
skill building, crisis response, and teaching life skills. Project 180 is funded by the Kern County
Board of Supervisors under the leadership of the Joint City / County Standing Committee to
Combat Gang Violence and with administrative support from the Kern County Department of
Human Services.
Db
P: \BPDWDMIN RPTSWDMIN RPTS FY 13- 14\HDMIN RPT - (11- 06 -13) 2013 JAG BYRNE GRANT (2013- DJ- BX- 0912).dou
10/23/20131:52 PM
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Douglas Greener, Fire Chief
DATE: October 22, 2013
SUBJECT: Homeland Security FY2013 Grant:
APPROVED
DEPARTMENT HEAD � ' (1
CITY ATTORNEY - Ag_
CITY MANAGER
1. Accept federal grant for $16,500 for FY2013 Homeland Security Grant
2. Approve appropriation of $16,500 FY2013 Homeland Security Grant funds to
the Fire Department Operating Budget within the General Fund for Hazardous
Material Training. (All Wards)
RECOMMENDATION:
Staff recommends acceptance and approval of the appropriation of grant funds.
BACKGROUND:
FY2013 Homeland Security Grant are federally approved and state allocated funds for various
programs and equipment acquisitions for public safety agencies involved in emergency
preparedness and response. Grant funds are to be used to enhance operational preparedness
and response capabilities with an emphasis on first responder safety and training projects.
The Bakersfield Fire Department has utilized Homeland Security Grant funds previously for
emergency communications and other projects. The Fire Department has now been awarded
FY2013 Homeland Security Grant funds in the amount of $16,500 for specialized training for Fire
Department Hazardous Materials Team members. Training will include the Continuing Challenge
Hazardous Materials Emergency Response Workshop and Hazardous Materials Technician Level
D training.
The Continuing Challenge Hazardous Materials Emergency Response Workshop provides
response safety training for hazardous materials incidents affecting public health and the
environment. Hazardous Materials Technician Level D provides the training needed to perform
as a member of a Hazardous Materials Team and offers participants hands -on experience.
Bakersfield Fire Department members attend the Continuing Challenge Hazardous Materials
Emergency Response Workshop and Hazardous Materials Technician training sessions annually
to retain necessary proficiency and insure compliance with hazardous materials response
mandates.
DG /CB
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: &&
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
October 21, 2013
APPROVED
DEPARTMENT HEAD -V
CITY ATTORNEY
CITY MANAGER
Quitclaim of a deed to correct legal description and the southwest corner of Olive
Drive and Calloway Road. (Ward 3)
RECOMMENDATION: Staff recommends approval of quitclaim.
BACKGROUND:
In May of 2007, the City sold a surplus property at the southwest corner of Oli v
Calloway Road to Calloway & Associates. The property has since been resold t o
Management, LLC, a California limited liability company. Subsequently, it was
that the legal description in the original conveyance from the City to Calloway
contained an error. In order to correct the error it will be necessary for the City
the property to DCM Assets Management, LLC.
October 21, 2013, 3:27PM
P: \MyFiles \Admin Reports \Calloway DCM QC.doc
DMA /s
e Drive and
DCM Assets
determined
& Associates
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ADMINISTRATIVE REPORT
MEETING DATE: November 06, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9.
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: October 25, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider the proposed expenditure plan for the 2012 -13
Supplemental Law Enforcement Services Funding (S.L.E.S.F.).
1) Appropriate $570,016.00 State grant revenues to the Police Operating
Budget within the S.L.E.S.F. Fund.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
Since the passage of Assembly Bill (AB3229) Citizen's Option for Public Safety in FY1996 -97,
the City of Bakersfield Police Department has received an annual sum from the State's
Supplemental Law Enforcement Services Fund (S.L.E.S.F.). The program was designed to
provide State funds to local law enforcement agencies for the purpose of addressing
current front line law enforcement needs. For each year the City receives monies from the
S.L.E.S.F., the Chief of Police must submit written requests to the City Council specifying the
front line law enforcement needs and those personnel, equipment and programs that are
necessary to meet those needs; and the City must conduct a public hearing to cor,sider the
requests. The allocation amount received this year is $570,016.00.
Per CA Government Code 30062, "monies allocated from a Supplemental Law
Enforcement Services Fund ( SLESF) to a recipient entity shall be expended exclusively to
provide front line law enforcement services. These monies shall supplement existing
services, and shall not be used to supplant any existing funding for law enforcement
services provided by that entity."
The dollar amounts in the proposed budget below are estimates. Per CA Government
Code 30061(e), any S.L.E.S.F. monies received in 2012 -13 must be expended or encumbered
no later than June 30, 2014. "Any local agency that has not met this requirement shall remit
unspent SLESF monies to the Controller for deposit into the General Fund." If department
needs change or the amounts spent differ from those proposed, the Police Department will
expend or encumber the differences in accordance with the guidelines governing SLESF
monies (CA Government Code 30061- 30065).
DB Page 1 of 3
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ADMINISTRATIVE REPORT
The Chief of Police requests approval to use 2012 -13 S.L.E.S.F. monies as follows:
Administration:
-Training for Internal Affairs / Critical Incident Investigations
25,000
Support Services:
Clerk Typist Temps - AB 109 & Sex Registrants
$
46,000
1 - LG 42" LED TV
1,300
1 -TV Wall Mount
$
75
3 - 64GB Flashdrives
200
4 - View Sonic Monitors
$
250
1 - Corkboard
$
80
1 - Dry Erase Board
$
510
1 - Cellebrite Machine
$
11,000
1 - Walk -In Freezer (partial funding)
$
3,000
1 - Walk -In Freezer Alarm with repeater)
1,320
2 - Color Scanners + Versaterm Licenses
2,800
4 - Workstation Chairs
$
710
7 - 4 Seat Beam Seating Units
4,000
1 - Digital Camera
$
550
15 - Tactical Rifle Cases
450
2 - Red Drag Dummies
2,400
23 - Glock M 22 and accessories
$
12,800
3 - BC C Zone Target with TAC Bracket
1,250
15 - 40 MM Launcher with Sponge Rounds
$
15,000
5 - Point Blank AIIIA -1 Vests with 2 Vision Carriers
4,006
Forensic Computer Lab Supplies
$
4,000
-Property Room Relocation and Remodel
52,000
EVOC Training Supplies
$
2,650
SIMS Cartridges
1,500
Bullet Resistant Vests
28,025
PST Trucks - Partially funded with 2012 JAG / Byrne Grant
10,000
Polygraph Services - Academy Recruitment
25,000
Training - Versadex
$
15,000
Training - Co link
500
Training - Encase
$
4,000
Training - CEIC
5,000
Training -Academy & Back round Certification
23,900
Operations:
CDT Equipment
4,500
2 - Police K -9s (replacements for dogs retiring)
17,000
10 - Police K -9 Vests with ceramic plates
8,750
2 - Laptop Computers for Watch Commanders
$
5,300
DB Page 2 of 3
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ADMINISTRATIVE REPORT
K -9 Supplies
5,500
K -9 Training
$
2,600
Ballistic Helmets
$
25,100
3 - Covert Track Stealth II Trackers
5,100
1 - Live Link Lite Streaming Surveillance Camera System
15,000
1 - LETS 2.0 License Renewal
3,500
24 - SWAT Uniforms
13,600
2 - 44 Quads for River Patrol
20,000
Training - Bomb Basic HDS Hazardous Device School
$
5,800
Training - Perishable and Critical Skills
$
50,000
Investigations:
1 - Color Ink -Jet Printer Portable with Case
550
1 - Task Chair for Investigations for Investigations Room
$
300
4 - Guest Chairs for Investigation Room
800
2 - Digital Dictation Recorders
$
1,000
7 - Dragon Natural Speaking Software
650
1 - Wireless HS -20 WiFi Detector
100
1 - External Temperature Sensor
150
1 - Temperature Logger
$
250
1 - Templog Software
100
2 - Microphones
100
2 - Noise Cancelling Headphones
150
4 - LTC Bullet Resistant Stand Alone Level IV Plate Mod 26125
650
2 - 16GB Video Camcorder
860
2 - Nano 3.0 GPS Tracker
800
1 - Dynamic Entry Monoshock RAM
350
7 - Digital Pocket Recorders
4,000
1 - Shredder
$
500
1 - Night Vision Goggles + 8x Zoom Lens
$
4,500
1 - Key Fob Micro Digital Video Camera Recorder
250
1 - Surveillance Hidden Camera
$
500
4 - High-Res Day/Night Board Camera with Cone Pinhole Lens
700
6 - Covert Track Stealth II Trackers
$
6,700
1 - Cellebrite Machine
11,000
1 - Video Recorder /Encorder
2,500
2 - ATN Night Vision Binoculars
1,100
1 - Denisti Meter
8,000
Gyro Binocular Repair
1,430
- CII Training/01S /Liability etc
11,000
-Training
- CAP/CASA/Fin/GTA/Burg Training
$
25,000
-Training
TOTAL ALLOCATION =
$
570,016
DB Page 3 of 3
MEETING DATE: November 6, 2013 AGENDA SECTION: Consent Calendar Hearing
ITEM:
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEADt #:�y,/
DATE: October 23, 2013
CITY ATTORNEY
CITY MANAGER_ -—
SUBJECT: First reading of an ordinance relating to the Building and Construction codes,
specifically the California Building Code, Mechanical Code, Plumbing Code,
Electrical Code, Existing Building Code, Historical Building Code, California
Residential Code and California Green Building Code, 2013 editions:
1. An ordinance amending Sections 15.04, 15.05, 15.07, 15.09, 15.11, 15.13,
15.15, 15.17 and 15.19 of the Bakersfield Municipal Code.
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
The State of California recently adopted new versions of the California Building Code
(CBC), Mechanical Code, Plumbing Code, Electrical Code, California Existing Code,
Historical Building Code, California Residential Code and Green Building Code. This is part
of the normal code adoption cycle which occurs every three years after the publication of
the new national model codes. This cycle the California Codes have remained separate
and consistent with the model codes.
The new codes include mostly minor revisions and reorganization of some of the code
sections. Some of the significant revisions are: (1) requirement for back flow preventers in
standalone fire sprinkler systems for all new single and two - family dwellings, (2) an all new
structural calculation methodology, and (3) disability regulations revised to align more with
national Americans with Disabilities Act (ADA) regulations.
State law requires that the City adopt these codes by January 1, 2014. State law also allows
the City to make these codes more restrictive as long as such restrictions are based on
climatological, geological, and /or topographical reasons.
For the most part, the proposed local code amendments are carry overs from the previous
code adoption cycle in 2010 and are minimal and technical in nature. The Green Building
Code includes a proposed new amendment to require bicycle racks for new multi - family
ADMINISTRATIVE REPORT
Page 2
residential projects. This was done pursuant to direction from the City Council Planning and
Development Committee when discussing the matter of bicycle rack standards. The
Building Code includes defining our permit refund procedures instead of referring to a
policy as set by the Building Director. This was included to address requests for refunds on
project where permits were issued and builders thought they could obtain a refund even if
the permit was several years old. Full or partial refunds can be made prior to the expiration
of the Building Permit and the start of construction.
City staff has made contact with the Home Builders Association (HBA) about the adoption
of the new codes and proposed amendments. Staff will be meeting with the HBA members
to review the significant changes in for single - family dwellings. In late October, staff will
begin conducting a series of classes regarding the code changes for each industry. These
classes will educate local architects, engineers, contractors and homeowners about the
changes to the code.
October 24, 2013, 1:29PM
C: \Users\pburns\ Documents \Building \code- adoption\ADMIN Building and Const Code 2013.doc
MEETING DATE: November 6, 2013 AGENDA SECTION: Reports
ITEM: 11.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: October 21, 2013 CITY ATTORNEY
7r /
CITY MANAGER
SUBJECT: Report regarding the Cul -de -Sac Project, south of 24th Street
RECOMMENDATION: Staff recommends that the City Council receive and file this report.
BACKGROUND: On November 14, 2012, the City Council adopted a negative
declaration, and approved the closing and construction of cul -de -sacs on Beech, Myrtle,
Spruce, Pine, Cedar, A, B, and C Streets, south of 24th Street, subject to certain conditions. A
copy of the Administrative Report, as well as the motion and vote about the project from that
meeting are attached for your information.
The Council's action let the residents of the streets decide individually what they wanted to do
regarding the cul -de -sac proposals. The only conditions were unanimity of opinion for the two
blocks from 22nd to 24th Streets, and dedication of the needed land on the end properties that
are next to 24th Street, without cost to the City for the radius area of the cul -de -sac. The City is
to pay for physical construction of the cul -de -sacs. The residents are to pay for any fencing,
irrigation, or any related disruption to their own properties. An engineering contract was
approved by the City Council on October 16, 2013, which will design drainage and related
materials regarding the cul -de -sacs.
Recently, residents of Spruce Street indicated a desire to move ahead with construction of a
cul -de -sac on Spruce Street, and have complied with all of the Council- required conditions.
On Wednesday, October 30, 2013, we also received the necessary materials from the Pine
Street residents. In both of these instances, it appears the residents want the cul -de -sac
irrespective of the 24th Street widening project. At the regular Council meeting of October 16,
2013, Councilmember Hanson requested that this item be agendized for the November 6, 2013
Council meeting. Later, Councilmember Maxwell also requested the item be agendized on
November 6, 2013. Attached is a communication from the City Attorney on the role of Sue
Benham, which was requested by Councilmember Maxwell.
Under the terms of the Council's decision, residents of the streets authorized for cul -de -sacs by
the Council's action on November 14, 2012 who comply with the conditions set by Council,
may decide to proceed as the Spruce and Pine Streets residents are, or they may wish to know
what will ultimately happen on 24th Street before they decide. There was no maximum time limit
S:\Admin Rpts \2013 \Cu1-de -S0c Report 11.06.13.docx
Page 1
AT:ol
provided for in the Council's 2012 decision. Elm, B and C Streets, however, must be built with
the project.
The administrative report sent to the City Council for the November 14, 2012 meeting contained
a staff recommendation for construction of the cul -de -sacs in conjunction with the 241h Street
widening project to minimize disruption and inconvenience to the neighborhood. However, the
final environmental document on the 24th Street Widening project has moved more slowly
through Caltrons than expected, and it appears the residents on Spruce and Pine Streets prefer
the cul -de -sac to the reduced inconvenience of the two projects. Engineering work under
contract is estimated to be completed the third week in January. Engineers will determine
what is adequate space between the end of the proposed cul -de -sacs and the proposed
sidewalks on 24th Street, so that the cul -de -sacs will not interfere with, or be damaged by, the
24th Street Widening construction.
Residents of the other streets so authorized may follow sooner or later, in accordance with the
November 14, 2012 Council decision.
There may be additional questions or concerns raised about the project, and about past
Council decisions, at the meeting.
S: \Admin Rpts \2013 \Cul -de -Sac Report 11.06,13,docx
Page 2
AT:aI
MEETING DATE: November 6, 2013 AGENDA SECTION: New Business
ITEM: 3.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
October 25, 2013
APPROVED
DEPARTMENT HEAD 4,kl
CITY ATTORNEY D,,
CITY MANAGER Ikj
Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and
Department Budget Presentations for January through December 2014.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This Resolution will set the regular City Council Meetings, Budget Hearings and Department
Budget Presentations for 2014. Meetings will be held in the Council Chambers and will begin at
3:30 p.m. and 5:15 p.m., with the exception of the June 25th meeting which will commence at
5:15 p.m.
National holidays, spring break, conflicting board meetings, League of California Cities
Conferences and budget deadlines were taken into consideration in preparing the calendar.
The Budget Hearing is scheduled for June 4, 2014 at 5:15 p.m., or as soon thereafter as the matter
may be heard, and adoption of the Budget is set for June 25, 2014. Department Budget
Presentations are scheduled for May 7th, May 21 St, June 4th, and June 25th.
One meeting is scheduled during the months of February, April, July, August, October, and
December.
rg
October 25, 2013, 2:34PM
S: \Council \RESOLUTN \2013 \council meeting dates 2014.dot
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 16, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 p.m.
1.
2.
3.
ROLL CALL
Present: Vice -Mayor Weir, Councilmembers
Rivera, Maxwell, Smith, Hanson, Sullivan,
Johnson (seated at 3:35 p.m.)
Absent: Mayor Hall
PUBLIC STATEMENTS
Pastor Max Van Dyke, from Christ Cathedral Church,
spoke in support of a Human Life Ordinance.
CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) for
the following:
1. City v. County of Kern, et al. FCSC Case
No. 13CECGO2817 DJK (Fresno County).
2. City v. County of Kern, et al. KCSC Case
No. 13 C 0180 (Kings County).
3. MBO Insurance Brokers, Inc. v. City, et al.
KCSC Case No. S- 1500 -CV- 279949, SPC.
b. Conference with Labor Negotiator pursuant to
Government Code section 54957.6.
Motion by Councilmember Hanson to adjourn to
Closed Session at 3:38 p.m.
Motion by Councilmember Maxwell to adjourn from
Closed Session at 5:17 p.m.
ACTION TAKEN
APPROVED
AB HALL
APPROVED
AB HALL
4.
5.
Bakersfield, California, October 16, 2013 - Page 2
CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) for
the following:
1. City v. County of Kern, et al. FCSC Case
NO REPORTABLE
No. 13CECGO2817 DJK (Fresno County).
ACTION
2. City v. County of Kern, et al. KCSC Case
NO REPORTABLE
ACTION
No. 13 C 0180 (Kings County).
CITY ATTORNEY WAS
3. MBO Insurance Brokers, Inc. v. City, et al.
GIVEN DIRECTION TO
KCSC Case No. S- 1500 -CV- 279949, SPC.
FILE THE NECESSARY
CROSS COMPLAINTS
b. Conference with Labor Negotiator pursuant to
STAFF WAS GIVEN
Government Code section 54957.6.
DIRECTION
ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 5:24 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 - 5:25 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Rivera, Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None.
2. INVOCATION by Pastor Mitch Minson, Daybreak
Baptist Church.
Bakersfield, California, October 16, 2013 — Page 3
3. PLEDGE OF ALLEGIANCE by Christina Pelayo, 6,h grade ACTION TAKEN
student at Sequoia Middle School.
Mayor Hall acknowledged the students from the Bakersfield
College Political Science class in attendance at the meeting
to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of Certificate of
Appreciation to Jacob Panero, representative
of Metropolitan Recycling, for providing
sponsorship funding to support the cooperative
effort by the City, Keep Bakersfield Beautiful,
and the Bakersfield Homeless Center to remove
litter along freeway frontages.
Mr. Panero accepted the Certificate and
made comments.
b. Presentation by Mayor Hall of a Proclamation to
Robert Duchow, Public Affairs Manager,
Southern California Gas Company, declaring
October 2013, Energy Awareness Month.
Mr. Duchow accepted the Proclamation and
made comments.
C. City Manager Tandy introduced Jon Dorman
from AEG, the new manager for the arena,
convention center, ice rink, and amphitheater;
and Mr. Dorman made comments.
5. PUBLIC STATEMENTS
a. Kevin Bartl, Vice - Chairman of the Board of the
Downtown Business Association; and Bob Bell,
representing the Downtown Bakersfield
Development Corporation, spoke in support of
Consent Calendar Item 8.e. regarding the
downtown Urban Greening Planning Grant
Program.
b. The following individuals spoke regarding
Deferred Business Item 12.a., Consultant
Agreement with Cornerstone Engineering, Inc.,
and in support of the cul -de -sacs on the tree
streets: Jeff Lemucchi, Wayne Kress, and
Dominique Minaberrigarai.
Bakersfield, California, October 16, 2013 — Page 4
5. PUBLIC STATEMENTS continued ACTION TAKEN
C. Robert Braley spoke regarding the Centennial
Corridor Project, feels this project should be put
before the voters in the form of a ballot
measure, and submitted written material.
d. The following individuals spoke regarding
Reports Item 1 1.a., Animal Control Update: Judi
Daunell, President of the Friends of the Kern
County Animal Shelters Foundation, urged City
Animal Control to accept animals based on
where the animal is found rather than on
residency, and offered the Friends Foundation's
assistance with support of the animals in the
shelter; Liz Keogh, also urged the City to accept
animals based on where they are found, and
submitted written material; and Janice
Anderson, owner of Anderson Acres, thanked
the City for its participation in Responsible Dog
Ownership Day, and urged the various
agencies to work together to find a cohesive
manner in which to operate both facilities to
service the citizens and animals of Kern.
e. The following individuals spoke in support of a
Human Life Ordinance: Tim Palmquist
(submitted written material), Terri Palmquist,
Amparo Kinnsch (submitted written material),
Mark Kinnsch, D.M.D. (submitted written
material), Joel Torczon, Genevieve Zuniga,
Vanessa Galvan, and Carlotta Fondren.
f. The following individuals spoke in opposition to
a Human Life Ordinance: Candi Easter,
Chairman of the Kern County Democratic
Party; Jane Prewett; Seven Bates; Julia
Gonzalez; Camilla Chavez, Executive Director of
the Dolores Huerta Foundation; Amanda
Moceri, a local attorney; Andy Kendall, Nora
Luttrell (submitted written material); Pedro Elias
(submitted written material); Rafaela Renati;
Diana Vazquez; and Daniel Landeros.
6. WORKSHOPS
None.
7.
Bakersfield, California, October 16, 2013 — Page 5
APPOINTMENTS
a. One appointment to the Keep Bakersfield
Beautiful Committee due to the resignation of
Alternate Member Sean Battle (Ward 1) whose
term expires November 2014.
One application was received for this
appointment.
Motion by Councilmember Rivera to appoint
Isaiah Crompton as Alternate Member, term
expiring November, 2014, on the Keep
Bakersfield Beautiful Committee.
S. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 25, 2013,
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
September 13, 2013, to October 2, 2013, in the
amount of $16,272,344.27 and self- insurance
payments from September 13, 2013, to
October 2, 2013, in the amount of $350,358.44
totaling $16,622,702.71.
Ordinances:
C. First Reading of Ordinance amending
Chapter 15.65 of the Municipal Code relating
to the California Fire Code.
Resolutions:
d. Resolution authorizing the sale ($2,500) of a
surplus Ford Van to the Bakersfield Homeless
Center.
e. Resolution approving the application for grant
funds for the Urban Greening Planning Grant
Program.
f. Resolution determining that the Chief of Police
is appointed as agent authorized to execute
Memorandums of Understanding with the Kern
allied agencies participating in the Kern AVOID
18 Project funded by a grant from the California
Office of Traffic Safety.
ACTION TAKEN
APPROVED
FR
RES 127-13
REMOVED FOR
SEPARATE
CONSIDERATION
RES 129 -13
Bakersfield, California, October 16, 2013 — Page 6
8. CONSENT CALENDAR continued
g. Resolution determining that hockey spectator
netting system cannot be obtained through
usual bidding procedures and authorizing the
Finance Director to dispense with bidding
therefor, not to exceed $77,000.
h. Resolutions adding the following territories to
the Consolidated Maintenance District and
approving, confirming and adopting the Public
Works Director's Reports and authorizing
collection of assessments by the Kern County
Tax Collector:
1. Area 2 -54 (1 100 Valhalla Drive).
2. Area 5 -68 (2100 Panama Lane).
Resolution of Intention No. 1764 to add territory,
Area 5 -69 (601 Tollhouse Drive), to the
Consolidated Maintenance District and
preliminarily approving, confirming, and
adopting Public Works Director's Report.
Resolution of Intention No. 1762 ordering the
vacation of an alley located in Block 527,
between 28th Street and 29th Street, east of
Chester Avenue.
Resolution of Intention No. 1763 ordering the
vacation of the 29 -foot alley running
north -south in Block 9 of the Kruse Tract,
between U Street and V Street, south of
Truxtun Avenue.
Agreements:
Agreement with Bakersfield Senior Center, Inc.
($85,000), of Community Development Block
Grant funds for operational expenses at 530 4th
Street.
M. Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract 6448
Unit 11 located south of Stockdale Highway
and west of Renfro Road.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
RES 131 -13
RES 132 -13
ROI 1764
ROI 1762
ROI 1763
AGR 13 -167
AGR 13 -168
8.
Bakersfield, California, October 16, 2013 — Page 7
CONSENT CALENDAR continued
n. Amendment No. 1 to Agreement No. PW 12 -055
with PI-Cs Plus International, Inc. ($50,000;
revised not to exceed $90,000), for Supervisory
Control and Data Acquisition (SCADA) system
support and maintenance services for
Wastewater Treatment Plants No. 2 and 3.
o. Amendment No. 2 to Agreement No. 11 -124
with RM Industries ($50,400; revised not to
exceed $151,200 and extend term one year),
for continued supply of janitorial services at the
Amtrak Station.
P. Amendment No. 1 to Agreement No. CAI 2-013
with California Eminent Domain Law Group,
APC ($40,000; revised not to exceed $65,000),
to provide outside legal services in the matter
of City v. Anthony C. Evans and Carol Ross
Evans, etc., et al.
q. Contract Change Order No. 52 to Agreement
No. 08 -214 with Security Paving Company, Inc.
($112,038.24; revised not to exceed
$28,272,738.57; change order funded with utility
surcharge fees), for the construction of the
Westside Parkway Phase 1 Project. (TRIP)
Bids:
Contract Change Order No. 2 to Agreement
No. 13 -093 with Bowman Asphalt Inc.
($18,395.37; revised not to exceed $739,416.27)
for the project known as Pavement
Rehabilitation 2013 Phase 3 at Dr. Martin Luther
King Jr. Boulevard from Wilkins Street to East
California Avenue.
Reject all bids for drilling three small diameter
domestic water pump test wells at future Water
Well Nos. CBK -56, CBK -57 and CBK -58.
t. Accept bid with Jim Burke Ford ($103,921.42) for
three replacement one ton crew cab pickups
for use by the Recreation and Parks
Department.
U. Accept bid and approve contract with Pacific
West Sound (375,970.56), for dimmer panel
replacement at the Rabobank Theater &
Convention Center.
ACTION TAKEN
AGR 13 -169
AGR I1- 124(2)
AGR 13 -170
AGR 08 -214
CCO52
AGR 13 -093
CCO2
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 13 -171
Bakersfield, California, October 16, 2013 - Page 8
8. CONSENT CALENDAR continued
V. Accept bid and approve contract with
Crosstown Electrical and Data ($303,630), for
the installation of Traffic Signal Synchronization
Part 3 Project.
W. Accept bid and approve contract with
Crosstown Electrical and Data ($326,500), to
relocate and upgrade Traffic Operations
Center.
X. Accept bid and approve contract with Zim
Industries, Inc., dba Bakersfield Well and Pump
Company (not to exceed $170,000), for on -call
services for maintenance and repair of the
City's agricultural and domestic water wells.
Y. Accept bid and approve contract with Kern
Asphalt Paving & Sealing Company ($338,900),
for the Municipal Airport Runway 16 -34 and
Taxiway A Rehabilitation and Replace Rotating
Beacon.
Miscellaneous:
Z. Appropriate $36,090 Federal Safe Route to
Schools grant funds and $4,010 Gas Tax Fund
balance to the Public Works Department's
Capital Improvement Budget within
respectively the SAFETEA -LU Fund and Gas Tax
Fund for the Benton Street Flashing Beacon
Project.
aa. City Council Goals: Inclusion of additional
language in support of local street
maintenance, resurfacing and road
construction projects. (Staff recommends the
addition of language to the City Council Goals to
reinforce the financial support for local street
maintenance, resurfacing and road construction
projects, as requested by the Budget and Finance
Committee and the City Council.)
bb. Distribution of $716,158 from the Board of State
and Community Corrections to the
municipalities, contract cities and special
districts in Kern County in accordance with the
terms agreed upon by the Chiefs of Police of
each City and special district within Kern
County and the Kern County Sheriff.
ACTION TAKEN
AGR 13 -172
AGR 13 -173
AGR 13 -174
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, October 16, 2013 - Page 9
8. CONSENT CALENDAR continued
Successor Agency Business:
CC. Receive and file successor agency payments
from September 13, 2013, to October 2, 2013, in
the amount of $529,111.06.
Assistant City Clerk Drimakis announced that a
supplemental memorandum has been provided
by staff regarding item 8.aa., with revised wording for
the Administrative Report.
Councilmember Rivera requested that item 8.y. be
removed for separate consideration.
Councilmember Maxwell requested that Items 8.e.,
8.t., and 8.aa. be removed for separate consideration.
Councilmember Johnsons requested that item 8.g. be
removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent
Calendar items 8.a. through 8.cc., with the removal of
Items 8.g., 8.y. 8.e., 8.t., and 8.aa. for separate
consideration.
g. Resolution determining that hockey spectator
netting system cannot be obtained through
usual bidding procedures and authorizing the
Finance Director to dispense with bidding
therefor, not to exceed $77,000.
Councilmember Johnson advised that he would be
voting no on this item because he feels $77,000 for a
netting system is an inappropriate amount of money to
spend without it going out to full bid.
Motion by Vice -Mayor Weir to adopt Consent
Calendar item 8.g.
e. Resolution approving the application for grant
funds for the Urban Greening Planning Grant
Program.
Motion by Councilmember Maxwell to adopt Consent
Calendar Item 8.e., and directed staff that N they are
successful in receiving the grant, they should
concentrate on the lighting aspect.
ACTION TAKEN
APPROVED
RES 130 -13
APPROVED
NOES JOHNSON
RES 128 -13
APPROVED
8.
9.
Bakersfield, California, October 16, 2013 — Page 10
CONSENT CALENDAR continued
Accept bid with Jim Burke Ford ($103,921.42) for
three replacement one ton crew cab pickups
for use by the Recreation and Parks
Department.
Councilmember Maxwell advised that, with regard to
future vehicle replacements, he would like to have
more information provided to the City Council about
the vehicles that are being replaced.
Motion by Councllmember Maxwell to adopt Consent
Calendar item 81
Y. Accept bid and approve contract with Kern
Asphalt Paving & Sealing Company ($338,900),
for the Municipal Airport Runway 16 -34 and
Taxiway A Rehabilitation and Replace Rotating
Beacon.
Councilmember Rivera made a motion to postpone
this item until the next Council meeting.
Councilmember Rivera withdrew his motion to
postpone and requested that the City refrain from
applying for more Federal grants, or, at the very least,
Include him in any future conversations regarding the
airport.
Motion by Councllmember Rivera to adopt Consent
Calendar Item 8.y.
aa. City Council Goals: Inclusion of additional
language in support of local street
maintenance, resurfacing and road
construction projects. (Staff recommends the
addition of language to the City Council Goals to
reinforce the financial support for local street
maintenance, resurfacing and road construction
projects, as requested by the Budget and Finance
Committee and the City Council.)
Motion by Councilmember Maxwell to adopt Consent
Calendar item 8.aa.
CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider First Reading of
Ordinance amending Chapter 14.12 Title 14 of
the Municipal Code relating to sewers. (Staff
recommends First Reading of Ordinance.)
ACTION TAKEN
APPROVED
AGR 13 -175
APPROVED
APPROVED
FR
9.
Bakersfield, California, October 16, 2013 — Page 11
CONSENT CALENDAR PUBLIC HEARINGS continued
b. Public Hearing to consider First Reading of
Ordinance granting to Southern California Gas
Company and its successors and assigns a
Franchise to construct, maintain and use pipes
and appurtenances for transmitting and
distributing gas within the City for any and all
purposes. (Staff recommends First Reading of
Ordinance.)
C. Public Hearing to consider approval of the
issuance of tax - exempt revenue bonds by the
Housing Authority of the County of Kern: (Staff
recommends adoption of Resolution and approval
of agreement.)
1. Resolution approving the issuance by the
Housing Authority of the County of Kern
of multi - family housing bonds (not to
exceed $6.5 million) for the construction
of approximately 56 units of multi - family
rental housing at 400 20th Street.
2. Indemnification agreement between the
City and the Housing Authority of the
County of Kern.
d. Public Hearing to consider General Plan
Amendment /Zone Change No. 13 -0125; Smith
Tech USA, representing Wible Investors II,
(property owner) has applied for a general plan
amendment and zone change on 5.89 acres
located along the north side of Taft Highway
approximately 900 feet west of Wible Road.
(Staff recommends adoption of Resolutions and First
Reading of Ordinance.)
1. Resolution adopting a Negative
Declaration.
2. Resolution approving the general plan
amendment changing the land use
designation from OC (Office
Commercial) to HR (High Density
Residential).
3. First Reading of Ordinance amending
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district C -O (Professional and
Administrative Office) to R -3 (Multiple
Family Dwelling).
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
RES 133 -13
ASS JOHNSON
AGR 13 -176
ASS JOHNSON
RES 134 -13
ASS SMITH
RES 135 -13
ASS SMITH
FR
ASS SMITH
Bakersfield, California, October 16, 2013 — Page 12
9. CONSENT CALENDAR PUBLIC HEARINGS continued
e. Public Hearing to consider General Plan
Amendment /Zone Change No. 13 -0127;
Bolthouse Properties LLC, (property owner) has
applied for a general plan amendment and
zone change on 80 acres located at the
southeast corner of Stockdale Highway and
Heath Road. (Staff recommends adoption of
Resolutions and First Reading of Ordinance.)
1. Resolution adopting a Negative
Declaration.
2. Resolution approving the general plan
amendment changing the land use
designation from HR (High Density
Residential) to LR (Low Density
Residential) and HMR (High Medium
Density Residential) to HR (High Density
Residential).
3. First Reading of Ordinance amending
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district from R -3 (Multiple Family Dwelling)
to R -1 (One Family Dwelling) and R -2
(Limited Multiple Family Dwelling) to R -3
(Multiple Family Dwelling).
Public Hearing to consider the City requesting a
General Plan Amendment and Zone Change
No. 13 -0234 at various park locations
throughout the Metropolitan area (Staff
recommends adoption of Resolution and First
Reading of Ordinance.)
Resolution approving the general plan
amendment changing the land use
designation from various designations to
OS (Open Space) and OS -P (Parks and
Recreation) and changing the Kern River
Plan Element land use designation to 3.1
(Public and Private Recreation Area) as
shown on attached maps. A finding that
the project is exempt from CEQA will also
be considered.
ACTION TAKEN
RES 136 -13
RES 137 -13
FR
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, October 16, 2013 — Page 13
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Item 9.f. continued
2. First Reading of Ordinance amending
the Official Zoning Map in Title 17 of the
Municipal Code by changing the various
zone districts to OS (Open Space) and RE
(Recreation) as shown on attached
map.
g. Public Hearing to consider General Plan
Amendment /Zone Change No. 13 -0243;
McIntosh & Associates, representing Mt. Vernon
Properties, LLC, (property owner) has applied
for a general plan amendment to the
Circulation Map and Bikeway Master Plan Map
along College Avenue, generally between
Fairfax Road and Morning Drive. (Staff
recommends adoption of Resolution.)
1. Resolution approving the general plan RES 139 -13
amendment to the Circulation Element
and Bikeway Master Plan Map to re -align
a portion of College Avenue to the north
and extend a future southern collector
street north to connect with College
Avenue. A finding that the project is
exempt from the California
Environmental Quality Act is also
considered.
Assistant City Clerk Drimakis announced that a
supplemental memorandum has been provided by
staff regarding Consent Calendar Public Hearings item
9.f., with more detailed maps.
Consent Calendar Public Hearings opened 7:14 p.m.
Councilmember Johnson announced that he would
abstain, due to perception of a conflict of interest, on
Item 9.1b., and on item 9.c.1. and 2., due to source of
Income to himself; and he requested that item 91 be
removed for separate consideration.
Councilmember Rivera requested that item 9.1b. be
removed for separate consideration.
Councilmember Smith announced that he would
abstain, due to conflict of interest, an interest in real
property, on item 9.d.
9.
10.
9.
Bakersfield, California, October 16, 2013 — Page 14
CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Item 9.g. continued
No one spoke.
Consent Calendar Public Hearings items 9.a., 9.c., 9.e.,
and 9.g. closed at 7:16 p.m.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar Public Hearings Items 9.a. through 9.g., with
the removal of items 9.b. and 9.f. for separate
consideration.
HEARINGS
None.
CONSENT CALENDAR PUBLIC HEARINGS continued
b. Public Hearing to consider First Reading of FR
Ordinance granting to Southern California Gas
Company and its successors and assigns a
Franchise to construct, maintain and use pipes
and appurtenances for transmitting and
distributing gas within the City for any and all
purposes. (Staff recommends First Reading of
Ordinance.)
Hearing opened at 7:17 p.m.
No one spoke.
Hearing closed at 7:17 p.m.
Councilmember Rivera advised that he will be
voting no on this item because, as a matter of
principal, he does not believe the rate payers
should have to bear the brunt of any more costs
than they already pay.
Councilmember Maxwell advised that he is in
agreement with Councilmember Rivera's
position, and he also will be voting no on this
Item.
Motion by Vice -Mayor Weir to adopt Hearing
APPROVED
Item 9.b.
NOES RIVERA,
MAXWELL
ABS JOHNSON
Bakersfield, California, October 16, 2013 — Page 15
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Public Hearing to consider the City requesting a
General Plan Amendment and Zone Change
No. 13 -0234 at various park locations
throughout the Metropolitan area (Staff
recommends adoption of Resolution and First
Reading of Ordinance.)
Resolution approving the general plan RES 138 -13
amendment changing the land use
designation from various designations to
OS (Open Space) and OS -P (Parks and
Recreation) and changing the Kern River
Plan Element land use designation to 3.1
(Public and Private Recreation Area) as
shown on attached maps. A finding that
the project is exempt from CEQA will also
be considered.
2. First Reading of Ordinance amending FR
the Official Zoning Map in Title 17 of the
Municipal Code by changing the various
zone districts to OS (Open Space) and RE
(Recreation) as shown on attached
map.
Hearing opened at 7:32 p.m.
No one spoke.
Hearing closed at 7:32 p.m.
Motion by CouncHmember Johnson to adopt APPROVED
Hearing item 9.f., with the caveat that the
greenbelt east of South H, south of Calcutta, be
brought back as a zone change at a future
meeting.
Mayor Hall recessed the meeting at 7:35 p.m. and
reconvened the meeting at 7:45 p.m.
11. REPORTS
a. Animal Control Update.
Assistant City Clerk Drimakis announced that
correspondence was received and has been
provided as a supplemental memorandum.
Assistant to the City Manager Teglia made staff
comments and provided a PowerPoint
presentation.
Bakersfield, California, October 16, 2013 — Page 16
11. REPORTS continued
ACTION TAKEN
Louis Gill, with the Bakersfield Homeless Center, AGR 13 -177
thanked the City for partnering with the Center
and explained how it is impacting the lives of
individuals from the Center who have obtained
employment as a result of that partnership.
Assistant to the City Manager Teglia made
additional comments and completed his
PowerPoint presentation.
Councilmember Johnson directed staff to
develop relationships with County staff and to
work through any differences.
12. DEFERRED BUSINESS
a. Consultant Agreement with Cornerstone
Engineering, Inc. (not to exceed $100,000), for
providing on -call engineering and surveying
services for non - federally funded Capital
Improvement Projects during Fiscal Years 2013-
2014 and 2014 -2015.
Assistant City Clerk Drimakis announced that
correspondence was received and has been
provided as a supplemental memorandum.
Public Works Director Rojas made staff
comments and recommended approval of the
Agreement.
Councilmember Maxwell directed the City
Attorney to respond to Ms. Benham's letter and
get clarification regarding her connection with
the group on Spruce Street.
Motion by Councilmember Maxwell to adopt APPROVED
Deferred Business item 12.a.
b. Legislative and Litigation Committee Majority
and Minority report regarding a proposed
Human Life Ordinance.
Assistant City Clerk Drimakis announced that
correspondence was received and has been
provided as a supplemental memorandum.
City Attorney Gennaro made staff comments
and advised that a Majority Report and a
Minority Report are attached for Council
consideration.
12.
Bakersfield, California, October 16, 2013 — Page 17
DEFERRED BUSINESS continued ACTION TAKEN
Item 12.b. continued
Councilmember Sullivan made a motion to
have first reading of the fifth version of the
Human Life Ordinance.
Councilmember Johnson made a substitute
motion to move the Majority Report, which is to
table the ordinance and to move the
resolution.
Councilmember Rivera made a motion to table
both the ordinance as well as the resolution
indefinitely until a majority of the Council
decides to discuss it again.
Vice -Mayor Weir offered a friendly amendment
that, instead of a majority of the Council, it
would require four Councilmembers to vote in
the affirmative to bring this back to the Council.
APPROVED
Councilmember Hanson called for the NOES SULLIVAN,
question. JOHNSON
Motion by Councilmember Rivera to fable both APPROVED
the ordinance, as well as the topic, indefinitely NOES SULLIVAN,
until such time as four Councilmembers vote JOHNSON
affirmatively to bring this matter back to the
Council.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson advised he wanted to make
it clear regarding his vote on Deferred Business item
12.1b., that it would have been inconsistent for him to
vote differently than he did in Committee.
Councilmember Maxwell asked staff to look at a
repair problem that keeps recurring at the corner of
Lennox and Hewlitt, and come up with a long -term
solution; and to also look at a long -term solution to the
traffic problem that Is occurring as a result of
excessive traffic using Newlin to cut through to
California Avenue and Stockdale Highway.
Bakersfield, California, October 16, 2013 - Page 18
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Maxwell thanked staff from Building,
Community Services, and the Fire Department for their
professionalism during their meeting with the tenants
of the J. C. Penney building, and he feels everyone
came away from the meeting feeling like they were all
on the some page and working towards common
goals.
Councilmember Maxwell thanked the City Attorney's
Office, the Police Department, and Code Enforcement
for their efforts regarding the permit violation at the
Lucky Lady.
Councilmember Maxwell requested that the Budget
and Finance Committee continue meeting to monitor
the validation action with regard to the financing and
other issues, and he asked that the Chairman of the
Committee support this effort through the whole
validation process.
In response to questions from Vice -Mayor Weir, Public
Works Director provided a timeline regarding the
cul -de -sacs off of 24th Street; and he advised that it will
be made a priority to have the consultant start
moving on it and provide answers as to what is going
to happen.
Councilmember Rivera thanked Animal Control staff
for assisting with housing the animal population of the
150 tenants that were recently evicted from the
Tropicana Motel.
In response to a question from Councilmember
Sullivan, City Attorney Gennaro assured her that her
votes on Deferred Business item 12.1b. would be
registered as "no" on the motion calling for the
question, as well as the motion to table both the
ordinance and the topic.
Councilmember Sullivan expressed her
disappointment with the working condition of the
watering system for the foliage on the local freeways,
and she urged Public Works staff to continue to work
with Caltrans to get the problem resolved.
Councilmember Hanson requested that the Issue of
the cut -de -sacs be brought back to the next Council
meeting for discussion and some type of action.
Bakersfield, California, October 16, 2013 - Page 19
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall acknowledged the efforts of all the
Individuals, groups, and agencies that are working to
beautify Bakersfield through the various litter pickup
programs, and the placement of homeless individuals
into favorable living conditions and employment
opportunities.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:20 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Bakersfield, California, October 16, 2013 — Page 20
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