HomeMy WebLinkAbout01/08/14 CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF JANUARY 8, 2014
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 p.m.
i . ROLL CALL
2. PUBLIC STATEMENTS
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 (d)(1) for the following:
City v. County of Kern, et al., Fresno County Superior Court Case
No. 13CECG02817.
2. Land Lot 1, LLC, v. City, Kern County Superior Court Case
No. S- 1500 -CV- 263357, SPC,
4. CLOSED SESSION ACTION
5. ADJOURNMENT
REGULAR MEETING - 5:15 P.M.
1. ROLL CALL
2. INVOCATION by Pastor Toure Tyler, The Cross Christian Church.
3. PLEDGE OF ALLEGIANCE by Brindee Strunk, 5th grade student at Eissler Elementary School,
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Certificate of Appreciation to Carlos Navarro,
General Manager of the Bakersfield Marriott at the Convention Center, 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.
b. Presentation by Mayor Hall of plaques to the proprietors of Russo's Books, Tony and
Mike Russo, honoring the local business established in 1989.
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
a. One appointment to the Police Civil Service Board, due to the expiration of term of
William Perry, whose term expired December 31, 2013.
Staff recommends Council determination.
b. One appointment to the Board of Directors of the North of the River Recreation and
Park District, due to the expiration of term of Dana Martin, whose term expired
December 31, 2013.
Staff recommends Council determination.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the December 5, 2013, Special City Council Meeting and
December 11, 2013, Regular City Council Meeting.
Payments:
b. Receive and file department payments from November 26, 2013, to December 16,
2013, in the amount of $14,254,350.53, and self- Insurance payments from
November 26, 2013, to December 16, 2013, in the amount of $250,726.96, totaling
$14,505,077.49.
Ordinances
Resolutions:
C. Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorizing collection of the assessments by the
Kern County Tax Collector.
(Ward 7) d. Sewer connection fee assessment for 4925 Centaur Street:
1. Resolution confirming assessment for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector.
2. Agreement with Leslie L. Howard, to pay sewer connection fee in Installments
through the Kern County Tax Collector.
(Ward 7) e. Sewer connection fee assessment for 5108 Elysium Street:
Resolution confirming assessment for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector,
2. Agreement with Rogelio and Nellda Esqueda, to pay sewer connection fee in
Installments through the Kern County Tax Collector,
City Council Meeting of 01 /08/2014
8. CONSENT CALENDAR continued
(Ward 2) f. Emergency repairs for Ice Chiller at Rabobank Arena;
1. Resolution dispensing with normal bidding procedures due to the need for
emergency installation and rental of a portable 300 -ton Ice chiller along with
emergency repairs to existing Ice chiller system at Rabobank Arena due to
catastrophic failure, not to exceed $375,000.
2. Appropriate $375,000 Facility Reserve Funds to the Public Works Department's
Capital Improvement Budget within the Capital Outlay Fund.
(Ward 1) g. Emergency Sewer Repair on 1 st Street from Chester Avenue to N Street;
1. Resolution dispensing with normal bidding procedures due to the need for
emergency sewer repair on 1 st Street from Chester Avenue to N Street, and
authorizing Griffith Company and Rain for Rent to perform necessary repairs
not to exceed $700,000.
2. Appropriate $700,000 Sewer Enterprise Fund balance (Wastewater Treatment
Plant No. 2) to the Public Works Department's Capital Improvement Budget.
(Ward 6) 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 -55 (3700 Wilson Road),
2. Area 3 -90 (Tract 6410 located at the northwest corner of Taff Highway and
Akers Road).
(Ward 4,6) i. Resolutions forming Traffic Signal Maintenance Districts and approving, confirming
and adopting the Public Works Director's Reports and authorizing collection of
assessments by the Kern County Tax Collector for the following;
1. Area TS -23 (southwest corner of Panama Lane and Ashe Road).
2. Area TS -24 (southwest corner of Olive Drive and Calloway Drive).
(Ward 4) j. West Beltway Planned Major Thoroughfare Area;
1. Resolution of Intention No. 1770 establishing the West Beltway Planned Major
Thoroughfare Area and preliminarily approving the boundaries of the area
and the cost and fee schedule.
2. First Reading of Ordinance amending F of Section 16.32.060 of the Municipal
Code relating to Bridge Crossings and Major Thoroughfares.
(Ward 3) k. Resolution of Intention No. 1772 adding territory, Area 4 -118 (18200 Highway 178), to
the Consolidated Maintenance District and preliminarily approving, confirming, and
adopting Public Works Director's Report,
Agreements:
I. Agreement with Acclamation Insurance Management Services (AIMS)
($378,319 - 1St year; $389,669 - 2nd year; $389,669 - optional 3rd year) for workers'
compensation management services.
City Council Meeting of 01 /08/2014
8. CONSENT CALENDAR continued
(Ward 6) M. Agreement with Lennar Fresno, Inc. ($85,000), to purchase real property located on
the southeast corner of Ashe Road and Thorton Avenue, for a domestic water well
site.
(Ward 3) n. Agreement with Peterson Family Trust ($40,000) to purchase real property located at
4301 Rosedale Highway for the Rosedale Highway Widening Project. (TRIP)
(Ward 3) o. Agreement with Pioneer Farm Equipment Company ($47,600) to purchase real
property located at 4400 Rosedale Highway for the Rosedale Highway Widening
Project. (TRIP)
(Ward 3) P. Agreement with Barnes Family Revocable Trust ($44,300) to purchase real property
located at 5150 Rosedale Highway for the Rosedale Highway Widening Project.
(TRIP)
(Ward 5) q. Final Map and Improvement Agreement with Bolthouse Development Company,
LLC, for Parcel Map 12061 located south of Bolthouse Drive and west of Buena Vista
Road.
(Ward 6) r. Final Map, Improvement and Landscape Agreements with Beazer Homes Holdings
Corporation for Tract 6553 -2 located south of Panama Lane and east of Mountain
Ridge Drive.
(Ward 3) S. Amendment No. 1 to Agreement No. 11 -022 with Nishikawa Property Maintenance,
Inc. ($89,422; revised not to exceed $357,688 and extend term one year), to
continue the maintenance of the Mesa Marin Sports Complex.
(Ward 3) t. Contract Change Order Nos. 107, 108, and 109 to Agreement No. 07 -304 with
Security Paving Construction (Credit to the City for $138,884.32; revised not to
exceed $33,428,608.77) for the State Route 178 and Fairfax Road Interchange
Project. (TRIP)
(Ward 4) U. Contract Change Order No. 27 to Agreement No. 11 -144 with Security Paving
Company, Inc. ($29,467.28; revised not to exceed $12,639,863.58; change orders
funded with Roads Program Utility /Surcharge Fund and Traffic Development Fees),
for construction of the Westside Parkway Phase 6B Project. (TRIP)
(Ward 7) V. Contract Change Order No. 1 to Agreement No. 13 -068 with Bowman Asphalt
($14,274.26; revised not to exceed $184,700.26) for the project known as Street
Improvements on Wlble Road - Berkshire Road to Panama Lane.
Bids:
W. Accept bid from San Joaquin Tractor ($127,881.75) for one additional four wheel
drive tractor for use by the Public Works Department, Wastewater Division.
(Ward 6) X. Accept bid and approve contract with Clark Bros., Inc. ($1,494,310), for the Sewer
Lift Station Rehabilitation at Gosford Road and District Boulevard.
Miscellaneous:
Y. Review and accept Fiscal Year 2012 -2013 Annual Compliance Report for park
Impact fees prepared in accordance with California Government Code §66006.
City Council Meeting of 01 /08/2014
8. CONSENT CALENDAR continued
Z' Review and accept Fiscal Year 2012 -2013 Annual Compliance Report for planned
drainage area fees prepared In accordance with California Government Code
§66006,
aa. Review and accept Fiscal Year 2012 -2013 Annual Compliance Report for planned
sewer area fees prepared in accordance with California Government Code §66006.
bb. Review and accept Fiscal Year 2012 -2013 Annual Compliance Report for bridge
crossing and major thoroughfare fees prepared in accordance with California
Government Code §66006,
CC. Review and accept Fiscal Year 2012 -2013 Annual Compliance Report for
transportation Impact fees prepared in accordance with California Government
Code §66006.
Successor Agency Business:
dd. Receive and file successor agency payments from November 26, 2013, to
December 16, 2013, in the amount of $65,169.17.
Staff recommends adoption of Consent Calendar Items 8a. through 8. dd,
9. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 3,6) a, Resolution determining that certain Capital Improvement Program (CIP) Projects
cited within this Resolution are to be classified as substantially complex for purposes
of Public Contract Code Section 7201 and authorizing the Increase of the retention
from five percent to ten percent for said CIP projects. CIP Projects recommended to
be found as substantially complex Include: Fire Station No, 8 Remodel; Manor Street
Bridge over the Kern River,, Mesa Marin Phase 2; Police Department Firing Range
Facility; and Sports Village Phase 3, (Staff recommends adoption of the Resolution.)
b. Public Hearing to consider the Resolution making findings and updating the Capital
Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation
Plan. A finding that the project is exempt from CEQA will also be considered,
(Staff recommends adoption of the Resolution.)
10. HEARINGS
11. REPORTS
(Ward 3,4) a, Transportation, Utility Systems, and Facilities on Federal Lands application with the
Bureau of Reclamation for consideration of a multi -use path along the Friant -Kern
Canal from Kern River Parkway to Seventh Standard Road. (Presentation by Raul Rojas
Public Works Director)
Staff recommends submitting application and preliminary plans to Bureau of Reclamation
for consideration of a proposed multi -use path along the Friant -Kern Canal.
12. DEFERRED BUSINESS
(Ward 2) a, Report regarding the Cul -de -Sac Project, south of 24th Street.
Staff recommends the City Council receive and file the report, At the request of
Counclimember Maxwell, a proposed Amendment to Resolution 128 -12 is also presented
for City Council consideration.
City Council Meeting of 01 /08/2014
13.
14.
15.
12/27/13 2:25pm
NEW BUSINESS
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
/10-- Alan Tandy
City Manager
City Council Meeting of 01 /08/2014
AGENDA HIGHLIGHTS
January 8, 2014 COUNCIL MEETING
REGULAR MEETING - 3:30 p.m.
NOTE: A separate meeting will be called to order at 3:30 p.m., followed by Public
Statements that will encourage comments pertaining only to Closed Session matter. The
Council will then recess Into Closed Session. Upon conclusion of the Closed Session, we
will announce any Closed Session action and adjourn the meeting. At 5:15, the Regular
Meeting will then be called to order to address the remainder of the agenda Meets.
There will be a conference with legal counsel regarding two matters of existing litigation.
REGULAR MEETING - 5:15 p.m.
There will be one appointment to the Police Civil Service Board and one appointment to
the North of the River Recreation and Parks District.
Item 11a. Proposed Multi -Use Path along the Friant -Kern Canal. The City wishes to pursue
the construction of a multi -use path along the Friant -Kern Canal, which would allow for a
north -south route of approximately 5.7 miles, from Seventh Standard Road to the existing
path along the Kern River Parkway. Staff and Councilmember Smith have discussed the
proposal with the Bureau of Reclamation, which owns the canal, and the Friant Water
Authority, which operates the canal. Both entities have given permission for the City to
proceed with submittal of an application and plans to the Bureau of Reclamation for their
review and consideration. If the application and plans are approved (by both the
Bureau of Reclamation and the Friant Water Authority), staff will pursue grant funding for
the construction of the project, which would likely be completed in several phases.
Item 12a. Report regarding the Cul -de -Sac Project, south of 241h Street. In November,
2012, the City Council approved the closing and construction of cul -de -sacs on Beech,
Myrtle, Spruce, Pine, Cedar, A, B, and C Streets, south of 24th Street, provided all the
property owners between 24th and 22nd Streets on the affected streets agreed by signing a
petition, and if the property owners adjacent to 24th Street agreed to donate the property
needed to construct the cul -de -sac to City standards. The City is to pay for the physical
construction (at an approximate cost of $18,026 per cul -de -sac); the residents are to pay
for any fencing, irrigation, or any related disruption to their own properties. On November,
6, 2013, an updated report was provided for Council, indicating that the residents on
Spruce, Myrtle, and Pine had met the required Council conditions to have the cul -de -sacs
installed on their streets. One property owner on Spruce Street has recently withdrawn
approval, so it no longer meets the requirements. At the time of approval in November,
2012, staff had recommended that the cul -de -sac construction occur with the 24th Street
Widening Project construction, to minimize related disruption and inconvenience.
However, with the year -long delay in transitioning from the draft EIR to the final EIR,
allowing the residents to select their own timeframe may now be more appropriate.
Staff is recommending that the Council uphold their decision from November, 2012 which
will allow the cul -de -sac project to proceed on the streets where the residents have met
the requirements.
Councilmember Maxwell has requested consideration of an alternate proposal to amend
the original resolution to state that qualifying cul -de -sacs will be built in conjunction with
the 24th Street widening project, if it is ultimately approved, and that, if the project does
not occur, the cul -de -sacs will be paid for by the surrounding property owners.
Action on this item was postponed until this meeting when the full City Council could be
present.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - January 8, 2014 Council Meeting
Page 2
ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2014 AGENDA SECTION: Closed Session
ITEM: 3.0. .
TO:
FROM:
DATE:
SUBJECT:
VG:Isc
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
December 17, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY k/4,VS-
CITY MANAGER &—
Conference with Legal Counsel — ExlaHng L1HgoHon
Closed session pursuant to Government Code section 54956.9(d) (1)
City of Bakersfield v. County of Kern, et al.
Fresno County Superior Court Case No. 13CECGO2817
Land Lot 1, LLC v. City of Bakersfield
Kern County Superior Court Case No. S- 1500 -CV- 263357, SPC
S: \COUNCIL \CI Sess\ Admins \13- 14 \1- 8- 14ExistUt.docx
MEETING DATE: January 8, 2014 AGENDA SECTION: Presentations
ITEM: 14, 6L.
TO:
Honorable Mayor and City Council
FROM:
Mayor Harvey L. Hall
DATE:
December 17, 2013
OVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /S
SUBJECT: Presentation by Mayor Hall of Certificate of Appreciation to Carlos Navarro, General
Manager of the Bakersfield Marriott at the Convention Center, 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.
RECOMMENDATION:
BACKGROUND:
krt
December 16, 2013, 12:30PM
MEETING DATE: January 8, 2014 AGENDA SECTION: Presentations
ITEM: y
TO: Honorable Mayor and City Council AIPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: December 18, 2013 CITY ATTORNEY D ,.
CITY MANAGER /W
SUBJECT: Presentation by Mayor Hall of a plaques to the proprietors of Russo's Books, Tony and
Mike Russo, honoring the local business established in 1989.
RECOMMENDATION:
BACKGROUND:
krt
December 18, 2013, 3:OOPM
MEETING DATE: January 8, 2014 AGENDA SECTION: Appointments
ITEM:
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Roberta Gafford, City Clerk
December 20, 2013
APPROVED
DEPARTMENT HEAD f"r
CITY ATTORNEY
CITY MANAGER
One appointment to the Police Civil Service Board, due to the expiration of term
of William Perry, whose term expired December 31, 2013.
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND: There is one vacancy on the Police Civil Service Board due to the
expiration of term of William Perry, whose term expired December 31, 2013. The news release
for this recruitment was posted November 4, 2013, and December 3, 2013.
Two applications were received from Michael Alan Strong and Ronald Laurence Wolfe.
The Police Civil Service Board is an advisory body to the City Council. It is composed of three
(3) members appointed by the full Council. Members must be residents of the City throughout
their three -year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline
of members of the Police Department. All applicants have been encouraged to contact
each Councilmember regarding their interest and qualifications. Meetings are held the first
Wednesday of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference
Room 53, 1601 Truxtun Avenue, Bakersfield.
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20- Dec -13 11:54 AM
RG:jd
MEETING DATE: January 8, 2014 AGENDA SECTION: Appointments
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD-"/+T
DATE: December 20, 2013 CITY ATTORNEY
CITY MANAGER /�aJ
SUBJECT: One appointment to the Board of Directors of the North of the River Recreation
and Park District, due to the expiration of term of Dana Martin, whose term expired
December 31, 2013.
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND: There is one appointment to the Board of Directors of the North of the River
Recreation and Park District due to the expiration of term of Dana Martin, whose term expired
December 31, 2013. The news release was posted on November 4, 2013, and December 3,
2013.
An application was received from Dana Martin.
The five - member District Board has the responsibility of providing the District with clearly defined
goals and objectives in support of its mission; to provide and maintain an adequate program of
recreation activities and a system of areas and facilities designed to support them; and to
establish rules and regulations governing internal organization and operation. City
representatives are nominated and appointed by the full Council, and must be a resident of
the City and the District throughout the four -year term.
Meetings are held on the third Monday of each month at 5:30 p.m., at the District Office, 405
Galaxy Avenue.
S: \Bds&Comm \NBR8.P \2013 \Admin 1- 8- 14.docx
12/20/2013 11:53 AM
RG:jd
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: December 20, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the December 5, 2013, Special City Council Meeting and
the December 11, 2013, Regular City Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Rg:ndw
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM: $ .1p
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 16, 2013 CITY ATTORNEY
CITY MANAGER 4E
SUBJECT: Receive and file department payments from November 26, 2013 to
December 16, 2013 in the amount of $14,254,350.53, Self Insurance payments
from November 26, 2013 to December 16, 2013 in the amount of $250,726.96,
totaling $14,505,077.49
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
December 16, 2013, 10:56AM
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MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM $ , C
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: December 13, 2013 CITY ATTORNEY
CITY MANAGER wS_
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and authorizing collection of the
assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on December 9, 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. 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 A COST
..
1. 205 E. California Avenue
139 - 052 -02
$
949.00
2. 224 Clifton Street
018- 380 -06
$
105.00
3. 231 Clyde Street
018 - 380 -19
$
105.00
4. 804 Collins Way
019- 042 -02
$
835.00
5. 3407 Horne Street
172- 092 -08
$
699.00
6. 812 Karma Court
171- 223 -22
$
105.00
7. 809 S. Kern Street
139- 161 -04
$
750.00
8. 104 S. Kincaid Street
168- 172 -33
$
300.00
December 18, 2013, 4:35PM/kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1
9.
108 S. Kincaid Street
168- 172 -04
$
105.00
10.
324 S. King Street
139 -302 -16
$
689.00
11.
2701 Lee Drive
022 - 221 -08
$
300.00
12.
10 Milham Drive
139- 431 -08
$
680.00
13.
11 Milham Drive
139- 432 -21
$
680.00
14.
349 Northrup Street
018 - 300 -23
$
703.00
15.
327 S. Owens Street
018- 290 -20
$
769.00
16.
1001 Pershing Street
009 -513 -15
$
745.00
17.
1303 Potomac Avenue
018 -091 -36
$
634.00
18.
1309 Potomac Avenue
018 -091 -37
$
634.00
19.
118 Tyree Toliver Street
018- 320 -06
$
665.00
20.
15 U Street
010 - 032 -21
$
709.00
21.
901 Vallejo Drive
173- 570 -66
$
105.00
22.
1300 Virginia Avenue
018- 123 -38
$
105.00
23.
330 E. 4th Street
139- 270-16
$
1,457.00
24.
1009 6th Street
009 - 420 -08
$
1,189.00
25.
108 E. 8th Street
139- 191 -12
$
724.00
26.
530 E. 9th Street
139 - 111 -05
$
650.00
27.
613 E. 9th Street
139 - 162 -04
$
675.00
28.
1422 E. 9th Street
018- 061 -18
$
835.00
Ward 2
29.
405 Cypress Street
007 - 402 -09
$
1,420.00
30.
2230 G Street
003 - 132 -07
$
1,275.00
31.
5101 Hunter Avenue # 1
194- 590 -01
$
300.00
32.
451 Lake Street
014- 250 -06
$
990.00
33.
4409 Marella Way
020 - 482 -23
$
836.00
34.
1329 Niles Street
015- 250 -06
$
300.00
35.
3008 Q Street
002 - 081 -21
$
1,260.00
36.
1312 Robinson Street
015- 180 -09
$
1,079.00
37.
1427 E. 18th Street
017- 220 -07
$
750.00
38.
800 30th Street
002 - 072 -11
$
1,310.00
Ward
3
4901 Auburn Oaks Street
438 - 281 -01
$
874.00
39.
40.
6101 Auburn Oaks Street
438 - 285 -01
$
874.00
41.
5001 Via Fontenelle Drive
365 - 304 -18
$
748.00
Ward 4
42.
10916 Eagle Falls Court
525 - 532 -02
$
675.00
43.
8608 Hoodsport Avenue
451 - 451 -02
$
719.00
44.
8715 Hoodsport Avenue
451- 444 -07
$
300.00
December 18, 2013, 4:35PM /kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
-=7 -P
45.
9605 Eagle Oak Road
513- 063 -17
$
105.00
46.
7800 Kandarian Way
385 - 391 -04
$
300.00
47.
8409 Sargent Way
392 - 042 -03
$
1,294.00
48.
11111 Vista Fuego Drive
497- 512 -02
$
744.00
Ward 6
49.
5806 Arc Dome Avenue
498 - 623-06
$
300.00
50.
4609 Parkwood Court
164 - 320 -13
$
45.00
51.
2451 W Pinon Springs Circle
355 - 253-33
$
105.00
52.
6100 Quaking Aspen Street
498 -102 -11
$
300.00
Ward 7
53.
2613 Pacheco Road
372 - 051 -10
$
300.00
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.
December 18, 2013, 4:35PM/kd
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ADMINISTRATIVE REPORT
1.
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM: gold
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 16, 2013
SUBJECT: Sewer connection fee assessments (Ward 7):
:
DEPARTMENT HEAD��
CITY ATTORNEY
CITY MANAGER &
1. Resolution confirming assessments for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector,
2. Agreement with Leslie L Howard, 4925 Centaur Street, to pay sewer connection
fee in installments through the Kern County Tax Collector. A notice of special
assessment lien will be placed on the property.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owner of the property at 4925 Centaur Street desires to connect the above
referenced property to the City sewer system. The property owner claims that to pay the sewer
connection fee in one payment would produce an economic hardship. He Is requesting to pay
half the fee up front, ($2,000). To assist in paying the remaining connection fee of $2,000, the City
has contracted with the property owner to spread the remaining connection fee over an eight
year period to be collected with his property taxes in accordance with Municipal Code Section
14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern
County Tax Collector to collect the connection fee in eight equal payments over the next eight
years.
/mm
G: \GROUPDA?1ADMINRPT\2014 \01 -08 \4925 Centaur.doc
December 18, 2013, 3:18PM
MEPTING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEIrA 8. dt.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 18, 2013
SUBJECT: Sewer connection fee assessment (Ward 7):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Resolution confirming assessments for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector.
2, Agreement with Rogelio Esqueda and Nelida Esqueda, 5108 Elysium Street,
to pay sewer connection fee in installments through the Kern County Tax
Collector. A notice of special assessment lien will be placed on the
property.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement.
BACKGROUND: The owners of the property shown above desire to connect said property
to the City sewer system. The property owners claim that to pay the sewer connection fee in
one payment would produce an economic hardship. To assist in paying the connection fee,
the City has contracted with the property owner to apportion the connection fee over an
eight year period to be collected with their property taxes in accordance with Municipal
Code Section 14,12.030, 14.12.390, and 16.32.060. Ordinance No. 4648 dated August 18, 2011,
authorizes the Kern County Tax Collector to collect the connection fee In eight equal
payments over the next eight years.
MM
G: \GROUPDAT\ADMINRPT\2014 \01 -08 \5108 Elysium St ADMIN.doc
December 18, 2013, 1:06PM
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 10, 2013
APPROVED
DEPARTMENT HEAD /A
CITY ATTORNEY
CITY MANAGER
Emergency Resolution for Installation and Rental of a Portable Chiller along with
Repair of Existing Chiller Due to Catastrophic Failure at Rabobank Arena (Ward 2):
1. Resolution dispensing with normal bidding procedures due to need for
emergency installation and rental of a portable 300 -ton ice chiller along with
emergency repairs to existing ice chiller system at Rabobank Arena due to
catastrophic failure, not to exceed $375,000.
2. Appropriate $375,000 Facility Reserve Funds to the Public Works Department's
Capital Improvement budget within the Capital Outlay Fund.
RECOMMENDATION: Staff recommends approval of resolution and appropriation.
BACKGROUND: On November 17, 2013, Public Works staff was notified that the ice chiller system
at Rabobank Arena had failed and could no longer maintain the temperature of the floor to
insure the ice rink would not melt. Consequently, the existing ice chiller was unable to provide a
safe ice surface for events requiring use of the ice rink.
Public Works staff assessed the condition of the existing ice chiller and determined that the chiller
experienced a catastrophic failure which would require extended downtime in order to repair.
The Public Works Director determined that this catastrophic failure was an emergency condition
which would have been significant and costly if not immediately addressed, as multiple events
were already scheduled at the Facility. The ice chiller failure would have also caused disruption
for ticket holders, among other complexities. Therefore, the Public Works Director authorized
Peterson Cat Power Systems to proceed with the installation and rental of a portable 300 -ton ice
chiller while repairs were in progress to the existing ice chiller.
Additionally, the Public Works Director authorized several vendors to perform emergency repairs
for the existing ice chiller to save on future rental costs of the portable chiller. Rental costs are
$19,000 a month. Condenser & Chiller Services, Inc., Rapid Recovery, Thermal Services and
Mycom were authorized to repair the existing chiller. Condenser and Chiller Services' work
included removing and replacing the 425 3/4 -inch carbon steel tubes (18 -feet in length) in the
pressurized chiller barrel, cleaning the barrel and the tube sheet holes of debris, pressure testing
GI
G: \GROUPDAT \ADMINRPT \2014 \01 -08 \Chiller at Rabobank.doc
Page 2
ADMINISTRATIVE REPORT
for leaks, and reinstalling the evaporator heads. Rapid Recovery's work included removal of over
2,500 pounds of contaminated R -22 (Freon) from the ice chiller system. Thermal Services' work
included flushing and cleaning the system of the contaminated mix of Freon and brine. Mycom's
work included rebuilding and servicing the three compressors for the system.
This Administrative Report authorizes the Finance Director to dispense with normal bidding
procedures in accordance with Section 3.20.060.D.4 of the Bakersfield Municipal Code.
Staff recommends the appropriation of $375,000 of Facility Reserve Funds to cover costs for this
emergency repair. The Facility Reserve Fund are funds set aside for major renovations and repairs
to City Facilities. As part of the midyear budget, staff will bring forward a proposal to replenish the
Facility Reserve Fund for this cost with remaining prior year property tax administration fee refund.
GI
G: \GROUPDAT\ADMINRPT\2014 \01 -08 \Chiller at Rabobank.doc
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 12, 2013
DEPARTMENT HEAD
CITY ATTORNEY_
CITY MANAGER— _ &
Emergency Sewer Repair on 1 st Street from Chester Avenue to N Street (Ward 1):
1. Resolution dispensing with normal bidding procedures due to need for
emergency sewer repair on 1 st Street from Chester Avenue to N Street, and
authorizing Griffith Company and Rain for Rent to perform necessary repairs,
not to exceed $700,000.
2. Appropriate $700,000 Sewer Enterprise Fund balance (Wastewater Treatment
Plant No. 2) to the Public Works Department's Capital Improvement Budget.
RECOMMENDATION:Staff recommends adoption of Resolution and approval of appropriation.
BACKGROUND: On Friday, December 6, 2013, a portion of the 36 -inch sewer line on 111 Street
east of L Street collapsed causing a sinkhole in the street area. City Street Maintenance
Division crews responded and began repair operations on this portion of sewer line. During this
repair effort, it was discovered that the concrete sewer line on 1 st Street from Chester Avenue
to N Street had deteriorated to a point that placement of a cured -in -place pipe liner was no
longer an option. Furthermore, the existing sewer line was deteriorated to a point where more
sinkholes could occur in the near future without emergency action to remedy this condition.
The Public Works Director was informed that the repairs could not be made by City staff alone.
After assessing the condition of this sewer line, the Public Works Director declared these
conditions to be an emergency requiring work, supplies, equipment and materials urgently
necessary for the preservation of life, health and property.
Griffith Company was authorized by the Public Works Director to replace approximately 1,400
feet of 36 -inch sewer line on a time -and- materials basis since it had the necessary material,
equipment and expertise to timely repair the sewer line in order to get the sewer line back in
operation as soon as possible. Additionally, to remedy this emergency, the Public Works
Director authorized Rain for Rent to set up a by -pass for the sewer line to allow for the
replacement of the deteriorated sewer line.
This area of sewer line had previously been identified as a section requiring rehabilitation. At
the December 11, 2013, Council meeting, a $1.5 million project was awarded to Michels
Corporation for the rehabilitation of several sewer lines including this collapsed sewer line.
GL
G: \GROUPDAT \ADMINRPT \2014 \01- 08 \Admin - Emergency Resolution.doc
ADMINISTRATIVE REPORT
Unfortunately, this area of sewer line failed before the rehabilitation project could start thereby
necessitating this emergency work.
If the attached Resolution is adopted, the Council will be making a finding that the work
performed by Griffith Company and Rain for Rent was of urgent necessity for the preservation
of life, health or property, thereby allowing the dispensing of bidding requirements as set forth
in Section 136 of the City Charter and Section 3.20.060 of the Bakersfield Municipal Code. The
Resolution also authorizes the Finance Director to dispense with bidding in accordance with
Section 3.20.060 of the Bakersfield Municipal Code, in an amount not to exceed $700,000.
Funding source for these repairs is Sewer Enterprise Fund balance. Therefore, there is no
General Fund impact. This project is exempt from prevailing wage requirements.
GL
G: \GROUPDAT \ADMINRPT \2014 \01- 08 \Admin - Emergency Resolution.doc
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
Lh-
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: December 18, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER S
SUBJECT: Resolutions to add the following territories to the Consolidated Maintenance District
and approving, confirming, and adopting the Public Works Director's Reports and
authorizing collection of assessments by the Kern County Tax Collector,
1. Area 2 -55 (3700 Wilson Road) - Ward 6
2. Area 3 -90 (Tract 6410 at the NWC of Taff Highway & Akers Road) - Ward 6
RECOMMENDATION: Staff recommends adopting the Resolutions.
BACKGROUND: On August 14, 2013, the Council adopted Resolutions of Intention No. 1760 and
1761 respectively, adding the above territories to the Consolidated Maintenance District as
required by Section 13,04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance
District will provide for the maintenance of parks and /or street landscaping. The areas will be
under park and /or streetscape zones of benefit and will be assigned the appropriate tier levels
when parks and /or street landscaping have been Installed.
The addition of these territories to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot Indicating their consent
to the assessments,
In order to provide future property owners with disclosure regarding the Inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
Ps
G:\GROUPDAT\ADMINRPT\2014\01-08\Resest CMD 2 -55 3- 90.docx
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: December 18, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolutions to form two Traffic Signal Maintenance Districts (TS) and approving,
confirming, and adopting the Public Works Director's Reports and authorizing
collection of assessments by the Kern County Tax Collector:
1. TS -23 (SWC of Panama Lane & Ashe Road) - Ward 6
2. TS -24 (SWC of Olive Drive & Calloway Drive) - Ward 4
RECOMMENDATION: Staff recommends adopting the Resolutions.
BACKGROUND: On December 11, 2013 the Council adopted Resolutions of Intention No. 1767
and 1768 respectively, forming the above Traffic Signal Maintenance Districts as required by
Section 13.04.021 of the Municipal Code. Formation of the Traffic Signal Maintenance Districts will
provide for the operation and maintenance of convenient traffic signals.
Staff is recommending the formation of two new Traffic Signal Maintenance Districts.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Traffic Signal Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Traffic Signal Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
ps
G: \GROUPDAT \ADMINRPT \2014 \01 -08 \Res est TSMD TS -23 & TS- 24.docx
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM: g� '
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 2, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /w
West Beltway Planned Major Thoroughfare Area (Ward 4).
1. Resolution of Intention No. 1770 to establish the West Beltway Planned Major
Thoroughfare Area and Preliminarily Approving the Boundaries of the Area
and the Cost and Fee Schedule.
2. First reading of Ordinance amending F of Section 16.32.060 of the Bakersfield
Municipal Code relating to Bridge Crossings and Major Thoroughfares.
RECOMMENDATION: Staff recommends approval of the Resolution of Intention and first
reading of the ordinance.
BACKGROUND: The West Beltway is designated as a future freeway through the western part
of metropolitan Bakersfield, including the West Ming project. The West Ming project was
approved on August 15, 2007. It is a 2,182 acre master planned development with a Specific
Plan and a Development Agreement (Agreement No. 07 -310). The West Ming project is
required, as a condition of approval, to install or fund two lanes of the West Beltway to Arterial
standards from Ming Avenue to the Asphalto Railroad at no more than 80% buildout of the
project or within one year of the completion of the Final Design of the West Beltway by the
City of Bakersfield, whichever comes first. The formation of a major thoroughfare area will aid
the developers in funding the two lanes of the West Beltway by apportioning the cost of the
two lanes to the various developments within the West Beltway project. This affects only the
West Ming project.
The Resolution of Intention declares the City's intention to establish this Planned Major
Thoroughfare Area and sets the hearing date for January 22, 2014. The ordinance adds the
West Beltway Planned Major Thoroughfare Area to the list of bridge crossings and major
thoroughfares for which developers are charged at the time of development to pay the cost
of construction the planned facilities. The ordinance is attached for first reading.
m ps
December 5, 2013, 12:59PM
G: \GROUPDAT\ADMINRPT\2014 \01 -08 \West Beltway Adm.doc
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO:
Honorable Mayor and City Council
APPROVED
FROM:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
December 18, 2013
CITY ATTORNEY
CITY MANAGER
/w
SUBJECT:
Resolution of Intention (ROI) # 1772
to add Area 4 -118 (18200 Hwy 178) to the
Consolidated Maintenance District
and preliminarily approving,
confirming, and
adopting the Public Works Director's
Report. (Ward 3)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention,
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcel to be Included into the Consolidated Maintenance District as required by section
13,04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at
the next City Council meeting,
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot Indicating their consent
to the assessments,
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
Ps
G: \GROUPDAT \ADMINRPT \2014 \01- 08 \ROI est CMD 4- 118,docx
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Jena Covey, Risk Manager
DATE: December 17, 2013
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
SUBJECT: Agreement with Acclamation Insurance Management Services (AIMS) fqr workers'
compensation claims management services in the amount of $378,319 for contract year
one, and $389,669 for contract year two. The Agreement provides for an optional third
year, at the City's discretion, with a third year fee of $389,669.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
The City's contract with Acclamation Insurance Management Services (AIMS) for workers' compensation
claims management services expires on January 31, 2014. In October 2013, a Request for Proposal was
issued and eight (8) claims management companies submitted proposals for consideration. After a
thorough review of the proposals submitted, the following firms were selected to participate in the oral
review process: AIMS, Intercare and Tristar.
The City's review panel consisted of the following: Jena Covey, Risk Manager, Robert Berumen,
Administrative Analyst, Risk Management, Kathy McLean, Workers Compensation Claims Manager,
California State Association of Counties - Excess Insurance Authority, Anthony Galagaza, Fire Battalion
Chief, Bakersfield Fire Department, and Brian Clayton, Captain, Bakersfield Police Department. The
potential providers were assessed on their knowledge and experience in claims adjusting, with special
emphasis on claims handling for municipalities. Other pertinent factors considered were the location of
the office assigned to handle City claims, the personnel assigned to adjust claims, their knowledge and
understanding of the workers' compensation system and changes to State Workers' Compensation laws
which impact the City of Bakersfield, their ideas with regard to cost saving measures, the cost of the
proposals and their ability to work with the various City Departments and contract vendors within the
workers' compensation program.
The review panel recommends the City maintain our current relationship with AIMS because of their
competitive pricing, claims administration history with the City, and overall knowledge and experience of
workers' compensation rules and regulations.
ADMINISTRATIVE REPORT
The three companies selected to participate in the interview process were comparable in experience
within the industry but differed in pricing. AIMS and Tristar proposed a flat monthly fee, with Intercare
proposing a per claim fee for services. Tristar's proposed fees were higher than those proposed by AIMS.
With the variability of the number of new claims filed each year and uncertainty of staff handling the City's
account, Intercare's proposal left too many variables to consider. In addition to administration fees, there
are conversion fees to transfer the City's current data from one administrator to another. In the proposal,
AIMS' fees for year one are the same as those the City is paying in the current fiscal year. Year two fees
reflect a nominal increase, with no increase in year three.
Changing workers' compensation claim administrators is a costly and time - consuming process. Given the
solid relationship the City has experienced with AIMS, along with their ability to meet our service needs,
staff does not believe a change is justified at this time.
Staff recommends the City enter into a contract with AIMS for Third Party Administration for Workers'
Compensation claims adjusting services for the next two (2) years with an optional third year.
JLC
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 17, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /�►�
SUBJECT: Agreement with Lennar Fresno, Inc. to purchase real property located southeast
corner of Ashe and Thorton Avenues for $85,000 for a domestic water well site.
(Ward 6)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
The City of Bakersfield is acquiring land to construct a domestic water well site for the purpose
of providing drinking water. The property being acquired consists of two single family lots
containing approximately 17,310 square feet. The purchase price of $85,000 is the fair market
value of the property as determined by an appraisal prepared by Michael Burger, MAI of
Michael Burger & Associates, an independent appraisal company.
A Phase I Environmental Site Assessment report has been prepared by the City's Environmental
Services Director and the Planning Department found the acquisition consistent with the
Metropolitan Bakersfield General Plan.
The funding for this project is contained in the Water Resources Department's 2013 -14 budget
within the Domestic Water Fund.
p: \myfiles \admin reports \water well lennar cbk6l.docx
12/17/2013 3:37 PM
DMA /s
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 20, 2013
DEPARTMENT HEAD,4!2�—_
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Peterson Family Trust to purchase real property located at 4301
Rosedale Highway for $40,000 for the Rosedale Highway Widening Project. (TRIP
Program - Ward 3 (County area))
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land
to widen Rosedale Highway, including County areas along Rosedale Highway. The frontage
being acquired contains approximately 1,039 square feet of real property and 1,727 square feet
of temporary construction easement area. The acquisitions are for constructing additional lanes,
curb, gutter and sidewalks for the Rosedale widening project. The purchase price of $40,000 is
based on the fair market value appraisal prepared by Dallis Higdon and Associates, an
independent appraisal company, and negotiations with the business.
A Phase I Environmental Site Assessment report has been prepared encompassing all properties
required for the widening project during the State required Environmental Document process.
The Planning Division completed a 65402 Review and found this acquisition consistent with the
Metropolitan Bakersfield 2010 General Plan.
Property acquisition for the required right of way to construct the widening project for Rosedale
Highway is part of the TRIP program and is included in the grant funding for this project. The City
will be responsible for approximately 11 % of the project cost, including right of way, and will be
reimbursed the remaining 89% by the State and Federal Highway Administration.
Admin - Purchase Agmt - Peterson Family Trust
12/20/2013
CW
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM: T. 0.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 20, 2013
DEPARTMENT HEAD
CITY ATTORNEY k4�
CITY MANAGER
SUBJECT: Agreement with Pioneer Farm Equipment Company to purchase real property
located at 4400 Rosedale Highway for $47,600 for the Rosedale Highway Widening
Project. (TRIP Program - Ward 3 (County area))
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land
to widen Rosedale Highway, including County areas along Rosedale Highway. The frontage
being acquired contains approximately 3,408 square feet of real property and 3,180 square feet
of temporary construction easement area. The acquisitions are for constructing additional lanes,
curb, gutter and sidewalks for the Rosedale widening project. The purchase price of $47,600 is
based on the fair market value appraisal prepared by Dallis Higdon and Associates, an
independent appraisal company, and negotiations with the business.
A Phase I Environmental Site Assessment report has been prepared encompassing all properties
required for the widening project during the State required Environmental Document process.
The Planning Division completed a 65402 Review and found this acquisition consistent with the
Metropolitan Bakersfield 2010 General Plan.
Property acquisition for the required right of way to construct the widening project for Rosedale
Highway is part of the TRIP program and is included in the grant funding for this project. The City
will be responsible for approximately I I % of the project cost, including right of way, and will be
reimbursed the remaining 89% by the State and Federal Highway Administration.
Admin - Purchase Agmt - Pioneer Farm Equip
12/20/2013
CW
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 20, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Barnes Family Revocable Trust to purchase real property located
at 5150 Rosedale Highway for $44,300 for the Rosedale Highway Widening Project.
(TRIP Program - Ward 3 (County area))
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land
to widen Rosedale Highway, including County areas along Rosedale Highway. The frontage
being acquired contains approximately 4,227 square feet of real property and 1,505 square feet
of temporary construction easement area. The acquisitions are for constructing additional lanes,
curb, gutter and sidewalks for the Rosedale widening project. The purchase price of $44,300 is
based on the fair market value appraisal prepared by Dallis Higdon and Associates, an
independent appraisal company, and negotiations with the business.
A Phase I Environmental Site Assessment report has been prepared encompassing all properties
required for the widening project during the State required Environmental Document process.
The Planning Division completed a 65402 Review and found this acquisition consistent with the
Metropolitan Bakersfield 2010 General Plan.
Property acquisition for the required right of way to construct the widening project for Rosedale
Highway is part of the TRIP program and is included in the grant funding for this project. The City
will be responsible for approximately 11 % of the project cost, including right of way, and will be
reimbursed the remaining 89% by the State and Federal Highway Administration.
Admin - Purchase Agmt - Barnes Family Trust
12/20/2013
CW
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM: g ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 16, 2013
APP V
DEPARTMENT HEAD
clor
CITY ATTORNEY *
CITY MANAGER_
SUBJECT: Final Map and Improvement Agreement with Bolthouse Development Company,
LLC (a California Limited Liability Company) for Parcel Map 12061 located south of
Bolthouse Drive and west of Buena Vista Road (Ward 5)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such Improvements include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENT
IS ON FILE WITH THE CITY CLERK'S OFFICE
FOR REVIEW.
/mm
G:\ GROUPDAT\ADMINRPT\2014 \01 -08 \PM 12061
December 17, 2013, 1:35PM
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 4, 2013 CITY ATTORNEY
CITY MANAGER_
SUBJECT: Final Map, Improvement and Landscape Agreements with Beazer Homes Holdings
Corporation (a Delaware Corporation) for Tract 6553 -2 located south of Panama
Lane, and east of Mountain Ridge Drive (Ward 6)
RECOMMENDATION: Staff recommends approval of map and agreements.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such Improvements include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE ON FILE WITH THE CITY CLERK'S OFFICE
FOR REVIEW.
/mm
G: \GROUPDAT\ADMINRPT \2014 \01- 08 \T6553 -2.doc
December 17, 2013, 1:38PM
BAK
U � p
ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM: S
TO: Honorable Mayor and City Council
FROM: Dianne Hoover, Director of Recreation & Parks
DATE: December 6, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 1 1 -022 with Nishikawa Property Maintenance,
Inc.: adding $89,422 (for a total not to exceed amount of $357,688) and extending
the contract term one year to continue the maintenance of the Mesa Morin Sports
Complex. (Ward 3)
RECOMMENDATION:
Staff recommends approval of amendment to the agreement.
BACKGROUND:
On March 9, 2011, the City entered into Agreement No. 1 1 -022 for the maintenance of the Mesa
Morin Sports Complex in the amount of $268,266 that would provide services over a three -year
period. The agreement is renewable annually thereafter for two consecutive one -year periods.
Currently there is $18,500 available on this agreement. Extending the agreement expiration date
and increasing the agreement by $89,422 will allow the Recreation and Parks department to
continue to maintain the Mesa Morin Sports Complex through March 8, 2015.
If approved, Amendment No. 1 will extend the contract term one year and add $89,422 for a
revised not to exceed amount of $357,688. Funds are budgeted in the departmental operating
account within the General Fund. Approval of the amendment will allow the City to continue
maintenance of the Mesa Morin Sports Complex.
December 6, 2013, 4:19PM:jln
S: \ADMINISTRATION DIVISION \Admin Rpts \2013 Admins \npm_amend1.docx
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: December 18, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Contract Change Order Nos. 107, 108, and 109 to Agreement No. 07 -304 with
Security Paving Construction (Credit to the City for $138,884.32; revised not to
exceed $33,428,608.77) for the State Route 178 and Fairfax Road Interchange
Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on
State Route 178 (SR -178) at Fairfax Road and the extension of the SR -178 freeway for one mile,
from just east of the Oswell Street overcrossing to just west of Morning Drive.
Change Order No. 107 provides for the balancing of quantities of bid items which were not
fully installed during the construction of the project. These quantities represent the difference
between the original bid item quantity and the actual quantity installed in the project. This
change order results in a net decrease of $201,884.32.
Change Order No. 108 provides for additional highway landscaping maintenance by the
contractor. Caltrans requires that the contractor maintain the landscaping for the project for a
period of three years from the date of completion of landscaping installation. This
landscaping maintenance period ended in late 2012. At that time, all prior "punch list" items
that Caltrans staff had previously found on the project had also been addressed, and so City
staff believed the interchange project was ready to be turned over to Caltrans for operation
and maintenance. However, when the City requested Caltrans to take over the interchange,
Caltrans again reviewed the project and said they had found some concerns with one of the
retaining walls, and also that they had found that some of the wheel chair ramps constructed
did not meet the requirements of the American with Disabilities Act (ADA). It should be noted
that all of these improvements had been constructed nearly four years earlier.
A field investigation of the retaining wall was performed by the City with Caltrans staff present,
and the wall was found to be adequate with some minor alterations completed by the City.
The wheel chair ramps were then reviewed. Some were required to be redesigned and then
reconstructed, while some others just required some grinding. Also, some of the asphalt
pavement in the crosswalk areas required grinding or repaving in order to meet ADA slope
requirements. All nonstandard items found have now been addressed, and the City again
asked Caltrans last November to accept the project including the maintenance of the
Tdw G: \GROUPDAT\ADMINRPT \2014 \01- 08Wdmin Rpt CCO REV 2 Fairfax Interchange Project.docx
landscaping. Caltrans has not yet responded to the City's request. A change order (Change
Order No. 105) was previously approved by the City Council last year for additional landscape
maintenance work beyond the three year contract limit. But due to the time needed to
confer with Caltrans, address the wall issue, and to redesign, reconstruct, and obtain final
approval from Caltrans for the wheel chair ramp and crosswalk modifications, additional
maintenance effort by the contractor is needed beyond that originally contemplated. This
change order results in an estimated increase of $35,000.00.
Change Order No. 109 provides payment to the contractor for the water usage on the
landscaped areas while the contractor is maintaining the landscaping. This change order
results in an estimated increase of $28,000.00.
The net cost decrease of Change Order Nos. 107, 108, and 109 is $138,884.32. This provides a
total cost increase of $4,099,162.67, which is a 13.9 % increase from the contract amount.
However, it should be noted that $1,633,387.35 or nearly 40% of this total is due to the
reconstruction of the off and on -ramps that is being paid for by the project designer, PB
Americas.
• Original Contract Amount (includes Amendment Nos. 1 & 2) = $29,329,446.10
• Previous Change Orders =$ 4,238,046.99
• Current Change Order Nos. 107,108, and 109 =$ - 138,884.32
• Amended Contract Agreement after Change Orders = $33,428,608.77
Net Increase to date =$ 4,099,162.67
The sum of these change orders is a net decrease.
Tdw G: \GROUPDATWDMINRPT \2014 \01- 08\Admin Rpt CCO REV 2 Fairfax Interchange Project.docx
MEETING DATE: January 08, 2014 AGENDA SECTION: Consent Calendar
ITEM: g. {4.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: December 23, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER _&
SUBJECT: Contract Change Order No. 27 to Agreement No. 11 -144 with Security Paving
Company, Inc. (increase of $29,467.28; revised not to exceed $12,639,863.58 -
change orders funded with Roads Program Utility /Surcharge Fund and Traffic
Development Fees) for construction of the Westside Parkway Phase 613 Project. (TRIP)
(Ward 4)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: Phase 6B of the Westside Parkway Project includes construction of a partial
interchange at Allen Road and the Westside Parkway including the Allen Road Bridge, the
eastbound on -ramp and the westbound off -ramp. Also included in the project is the widening of
Allen Road to three lanes in each direction, and the construction of retaining and sound walls.
Change Order No. 27 provides for the installation of 1,350 linear feet of 4 -foot chain link fence on
top of the concrete barrier along the eastbound on -ramp from Allen Road. The fencing on top of
the concrete barrier was shown in the construction plans, but was mistakenly not included in the
bid items for the project. Therefore, a change order is necessary to pay for the installation of this
fence. This change order results in a net increase of $29,467.28.
Staff recommends approval of Contract Change Order No. 27. Change Orders to date,
including this proposed Change Order, total $218,164.88. This is a 1.7% increase over the original
agreement as illustrated below:
• Original Contract Amount = $ 12,421,698.70
• Previous Change Orders = $ 188,697.60
• Current Change Order No. 27 = $ 29,467.28
• Amended Contract Agreement after Change Orders = $ 12,639,863.58
• Net Increase to date = $ 218,164.88
Although this Phase of the Westside Parkway is complete, two to three additional change orders
will be needed before final close -out. Future change orders will include a pending issue regarding
electrical work and final pay quantities and estimates. Staff anticipates that final change orders
will go before Council in early 2014.
There is no General Fund impact with these Change Orders. Sufficient funds are budgeted to
cover the cost of this Change Order.
Lt; Tdw
G: \GROUPDAT \ADMINRPT \2014 \01- 08 \Admin Rpt CCO WSP Phase 66 Rev.docx
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 19, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p9
CITY MANAGER /�J
SUBJECT: Contract Change Order No. 1 to Agreement No. 13 -068 with Bowman
Asphalt ($14,274.26; revised not to exceed $184,700.26) for the project
known as Street Improvements on Wible Road: Berkshire Road to Panama
Lane (Ward 7).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for widening of northbound Wible Road from Berkshire
Road to Panama Lane.
During construction, a sewer manhole and a sewer cleanout was discovered within the
construction area on Wible Road. These facilities were installed as part of the construction of
the Sikh Temple on Wible Road after the project had been designed and awarded. The
manhole and cleanout will need to be raised to the grade of the new roadway once the
paving has been completed. The contractor has agreed to accept a lump sum of $2,300 to
perform this work.
In order to construct the project per the plans and specifications, several contract item
quantities had to be either increased or decreased. These increases and decreases in the
contract item quantities will result in a net cost increase of $11,974.26.
This is the first change order to be submitted for this project. This change order will increase the
project total by $14,274.26 (which results in an 8.4% increase of the original contract amount)
as illustrated below:
• Original Contract Amount = $170,426.00
• Amended Contract Agreement after Change Orders = $184,700.26
Net Increase to date = $ 14,274.26
Sufficient funds are budgeted to fund this Change Order. The funding source for this project is
traffic impact fees. Therefore, there is no General Fund impact associated with this Change
Order.
RM (Construction)
December 19, 2013, 10:42AM
G: \GROUPDAT \ADMINRPT \2014 \01- 08 \CCO 1 Wible Road Widening Berkshire to Ponama.doc
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM: g
TO: Honorable Mayor and City Council APPROVE
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 18, 2013 CITY ATTORNEY
CITY MANAGER_,_
SUBJECT: Accept bid from San Joaquin Tractor, Bakersfield, in the amount of $127,881.75
for one (1) additional four wheel drive tractor for use by the Public Works
Department, Wastewater Division. (Ward 6)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Bids were solicited for the purchase of one (1) four wheel drive tractor. Four (4)
bids were received in response to solicitation.
Funds are budgeted in the Equipment Maintenance Fund for the purchase of one (1)
additional four wheel drive tractor. The tractor will be utilized as part of the biosolids spreading
operations.
The four (4) bids received are as follows.
BIDDER AMOUNT MAKE /MODEL BID
San Joaquin Tractor Co. $127,881.75 Massey Ferguson 7622
Bakersfield, CA
Berchtold Equipment Co. $138,628.25 New Holland T7250
Bakersfield, CA
Quinn Company $143,570.96 Agco MT575D
Bakersfield, CA
Kern Machinery, Inc. $164,388.86 John Deere 619OR
Bakersfield, CA
Staff finds the bid submitted by San Joaquin Tractor, Bakersfield, to be acceptable.
Purchasing Division*b
&%PURCHWDMIMAdmin 13- 141Four Wheel Drive Tractor, 13- 14 -40, January 8, 2014.docx
December 18, 2013
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM: X
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 16, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Accept bid and approve contract to Clark Bros., Inc. ($1,494,310.00) for the Sewer
Lift Station Rehabilitation at Gosford Road and District Blvd (Ward 6).
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Constructed in the early 1980's, the sanitary sewer lift station at the
southeast corner of the Gosford Road / District Boulevard intersection is part of the City's system
providing sanitary sewer collection service to the southwest and northwest areas of the
metropolitan area. The sewer gases have damaged several components of this almost 30 year
old lift station. This construction project will repair those elements. In addition, a cover over the
lift station will be installed to reduce the presence of odor from the sewer gases.
This project is funded entirely with Sewer Enterprise Funds. Therefore, there is no General Fund
impact associated with this project. This project is exempt from prevailing wage requirements.
Sufficient funds are budgeted for award of this contract.
The Engineer's Estimate for this construction contract was $1,290,000. On December 4, 2013, a
total of four bids were received; all of those bids are acceptable. Those acceptable bids are as
follows:
Clark Bros., Inc.
19772 S. Elgin
Dos Palos, CA 93620 in the amount of $1,494,310.00
HPS Mechanical, Inc.
3100 E. Belle Terrace
Bakersfield, CA 93307 (City) in the amount of $2,177,890.00
Cushman Contracting Corporation
5354 Overpass Road
Goleta, CA 93111 in the amount of $2,261,000.00
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County) in the amount of $2,381,772.00
The variance between the Engineers Estimate and the low bid is due to the complexity of this
project. This project includes mechanical equipment, electrical control equipment, and SCADA
PW /Design Engineering/ADR E81(109
G: \GROUPDAT\ADMINRPT\2014 \01 -08 \Lift Station Rehab Gosford District.Docx
(computer hardware /software) integration equipment. In addition, bypass pumping is a
significant portion of this project's scope of work. There are several avenues to accomplish the
bypass pumping which would account for variances in the Engineers Estimate and bid
amounts.
PW /Design Engineering/ADR E8K309
G: \GROUPDAT\ADMINRPT\2014 \03 -08 \Lift Station Rehab Gosford District.Docx
BAK
ADMINISTRATIVE REPORT
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM: Q
TO: Honorable Mayor and City Council
APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD .
DATE: December 17, 2013
CITY ATTORNEY
CITY MANAGER �S _
SUBJECT: Review and acceptance of the Fiscal Year 2012 -2013 Annual Compliance Report
for Park Impact Fees prepared in accordance with California Government Code
§66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Park Impact Fees for the
fiscal year ended June 30, 2013 prepared in accordance with California Government Code
§ 66006.
On November 7, 1990, Council adopted a park development and improvement fee program for
the purposes of developing and improving parks and recreational facilities serving the residential
development within the City of Bakersfield. Fees are collected based on the development's
share of cost to develop, improve, construct or enhance a public park.
On April 19, 1995, Council established an orderly process for the dedication, reservation and
acquisition of park land within the city for the purpose of supplying public parks and recreation
facilities. The sub divider shall dedicate, reserve land, pay a fee in -lieu, or a combination thereof,
at the option of the Advisory Agency, for park or recreational purposes.
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
The Annual Compliance Report was made available to the public on December 11, 2013.
jln
S: \ADMINISTRATION DIVISION \Admin Rpts \2014 Admins \AB 1600 - acceptance.doc
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM: .
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 17, 2013
SUBJECT: Review and acceptance of the Fiscal
for Planned Drainage Area Fees
Government Code §66006. (All wards)
DEPARTMENT HEAD
CITY ATTORNEY lk�
CITY MANAGER
Year 2012 -2013 Annual Compliance Report
prepared in accordance with California
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Planned Drainage Area Fees
for the fiscal year ended June 30, 2013 prepared in accordance with California Government
Code §66006.
There may be imposed by local ordinance a requirement for the payment of fees for purposes of
defraying the actual or estimated costs of constructing planned drainage facilities for the
removal of surface and storm waters from local or neighborhood drainage areas (GC §66483).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 11, 2013.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G: \GROUPDAT \ADMINRPT \2014 \01- 08 \PDA Compliance Report admin.docx
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM: S. a R
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 17, 2013
APPROVED
DEPARTMENT HEAD_
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Review and acceptance of the Fiscal Year 2012 -2013 Annual Compliance Report
for Planned Sewer Area Fees prepared in accordance with California Government
Code § 66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Planned Sewer Area Fees for
the fiscal year ended June 30, 2013 prepared in accordance with California Government Code
§ 66006.
There may be imposed by local ordinance a requirement for the payment of fees for purposes of
defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local
sanitary sewer areas (GC §66483).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 11, 2013.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
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MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM: V. b b.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 17, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Review and acceptance of the Fiscal Year 2012 -2013 Annual Compliance Report
for Bridge Crossing and Major Thoroughfare Fees prepared in accordance with
California Government Code §66006. (Wards 3 & 6)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Bridge Crossing and Major
Thoroughfare Fees for the fiscal year ended June 30, 2013 prepared in accordance with
California Government Code §66006.
A local ordinance may require the payment of a fee as a condition of approval of a final map or
as a condition of issuing a building permit for purposes of defraying the actual or estimated cost
of constructing bridges over waterways, railways, freeways, and canyons, or constructing major
thoroughfares (GC §66484).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 11, 2013.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G: \GROUPDAT \ADMINRPT \2014 \01- 08 \MBTA Compliance Report admin.docx
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 17, 2013
APPROVED
DEPARTMENT HEAD k_
CITY ATTORNEY
CITY MANAGER
SUBJECT: Review and acceptance of the Fiscal Year 2012 -2013 Annual Compliance Report
for Transportation Impact Fees prepared in accordance with California
Government Code §66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Transportation Impact Fees
for the fiscal year ended June 30, 2013 prepared in accordance with California Government
Code §66006.
In April 1992, Council adopted a transportation impact fee program to fund improvements to the
Metropolitan Bakersfield transportation system necessary to accommodate future growth. In
January 1997, Council adopted Phase II of this program, which was designed to fund more
projects and eliminate the need for developers to provide transportation impact studies for most
projects. In September 2003, Council adopted Phase III of this program with the intent of
updating the program and encouraging in -fill development by creating a Core and Non -Core
area within the Metropolitan Bakersfield General Plan limits including individual fee structures for
the respective areas. In July 2009, Council approved Phase IV of this program which adopted a
regional program and projects development through 2035.
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 11, 2013.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\ GROUPDAT \ADMINRPT\2014 \01- 08 \TIF Compliance Report admin.docx
MEETING DATE: January 8, 2014 AGENDA SECTION: Successor Agency
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 16, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file successor agency payments from November 26, 2013 to
December 16, 2013 in the amount of $65,169.17
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2014\ADMIN —SA 01- 08- 14.doc
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar Hearing
ITEM: .
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: November 22, 2013
DEPARTMENT HEAD
CITY ATTORNEY Q�
CITY MANAGER
SUBJECT: Resolution determining that certain Capital Improvement Program (CIP) Projects
cited within this Resolution are to be classified as substantially complex for
purposes of Public Contract Code Section 7201 and authorizing the increase of
the retention from five percent to ten percent for said CIP projects. CIP projects
recommended to be found as substantially complex include: Fire Station 8
Remodel (Ward 3); Manor Street Bridge over the Kern River (Ward 3); Mesa Morin
Phase 2 (Ward 3); Police Department Firing Range Facility (Ward undetermined);
Sports Village Phase 3 (Ward 6)
RECOMMENDATION: Staff recommends that the following CIP projects be deemed
substantially complex and therefore increase retention on contract
payments from five percent to ten percent (Fire Station 8 Remodel,
Manor Street Bridge over the Kern River; Mesa Morin Phase 2; Police
Department Firing Range Facility; Sports Village Phase 3).
BACKGROUND: Section 7201 of the Public Contract Code requires that public agencies limit
contract retention on public works projects to five percent unless the project is found to be a
substantially complex project. A retention is a contractual withholding of money by the City to
cover any unexpected expenses, such as liens or poor workmanship, that may occur before
the project is completed and accepted. The standard procedure is to return the retention to
the contractor once the following occurs: work is completed, the contractor provides the
maintenance bond, the City accepts the project, and the lien period expires.
Section 7201(b) provides that retention proceeds withheld from any payment by a public
entity from the original contractor shall not exceed five percent of the payment. This section
further states that in no event shall the total retention proceeds withheld exceed five percent
of the contract price. However, Section 7201(b) (4) provides that an awarding agency may
withhold in excess of five percent on specific projects where the governing body has
approved a finding during a properly noticed and normally scheduled public hearing and
prior to bid that the project is substantially complex and therefore requires a higher retention
amount than five percent. The awarding entity must include both this finding and the actual
retention amount in the bid documents.
The finding of a substantially complex project is based on the number of the various disciplines
and trades involved in the construction of the project. For those projects found to be
substantially complex, staff recommends a retention of ten percent based upon the City's
GI
G: \GROUPDAT \ADMINRPT \2014 \01 -08 \Substantially Complex - Admin.docx
ADMINISTRATIVE REPORT
past practices.
Staff recommends that the following CIP projects be deemed substantially complete and the
retention be increased from five percent to ten percent:
• Fire Station 8 Remodel
• Manor Street Bridge over the Kern River
• Mesa Marin Phase 2
• Police Department Firing Range Facility
• Sports Village Phase 3
There is no fiscal impact to the City of increasing the retention from five percent to ten percent
for substantially complex projects.
The referenced projects are in various stages of design. However, holding one hearing for all
substantially complex projects will save on publication costs.
GL
11!22/2013 10:53 AM
G: \GROUPDAT\ADMINRPT\2014 \01 -08 \Substantially Complex - Admin.docx
MEETING DATE: January 8, 2014 AGENDA SECTION: Consent Calendar Hearing
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD ,/
DATE: December 10, 2013 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Public hearing to consider resolution making findings and updating the Capital
Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation
Plan. A finding that the project is exempt from CEQA will also be considered.
(All Wards)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This report constitutes the annual review and update of the Capital Improvement Plan (CIP) for
the existing Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) in accordance with
California Government Code Section 66002.
The MBHCP is a joint- administered plan by both the City and the County of Kern. The City
Council initially approved the MBHCP on August 25, 1993. Following final approval by the
California Department of Fish and Wildlife and the U.S. Fish & Wildlife Service, the MBHCP became
operational in August 1994. The plan and related permits terminate on August 24, 2014. The
preparation of the MBHCP and the protection afforded by it was undertaken to provide a means
for individuals and developers in the metropolitan Bakersfield area to avoid costly project -
specific mitigation in complying with State and Federal Endangered Species Acts. The plan
describes the estimated costs of the program and indicates the extent and types of facilities
(land) to be acquired with the funding source. It also serves as the CIP for the MBHCP. The
program is self- supporting and requires no support funds from the City or County.
Developers currently pay a $2,145 per acre mitigation fee at grading plan approval to
compensate for direct and indirect impacts on endangered species habitat from urban
development. These funds are used to purchase and manage habitat lands consistent with the
City's implementing agreement with the U.S. Fish and Wildlife Service and California Department
of Fish and Wildlife. This fee also covers program administration, endowments for fencing, and
maintenance that are tied to the automatic cost -of- living increases by the State.
ADMINISTRATIVE REPORT Page 2
The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers
agreement between the City and Kern County. The MBHCP Implementation Trust Group is
comprised of representatives from both the City and County, advisory members from the
California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service, and includes an
at -large public member.
The CIP, under the Trust Group's administration, has operated successfully in meeting the
program's obligations under the terms of the agreement with the California Department of Fish
and Wildlife and the U.S. Fish and Wildlife Service. Over 21,939 acres of endangered species
habitat land have been credited to implementation of the MBHCP. The program has acted to
acquire approximately 580 acres of habitat mitigation land in 2013 and the total acreage
acquired currently meets the 1:1 ratio requirement that for every one acre of development on
open land, one acre of habitat land must be acquired. This places the program ahead of the
"take" as required by Federal and State law, and the agreement. Therefore, no changes to the
CIP are recommended and this update is a confirmation of the present plan. Staff will continue
to monitor the adequacy of the CIP to ensure that the program meets its legal obligations.
Staff has determined that the annual update of the MBHCP CIP is categorically exempt from the
requirement for preparation of environmental documents pursuant to Section 15308 of the State
CEQA Guidelines since the MBHCP assures the protection of the environment to comply with the
State and Federal Endangered Species Acts. Staff recommends adoption of the resolution
updating the CIP for the MBHCP.
cg\ S: \HCP \cap 1mpry \2014 \Adm rept- hcpcip.doc
MEETING DATE: January 8, 2014 AGENDA SECTION: Reports
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: December 23, 2013
APPROVED
DEPARTMENT HEAD 4&
CITY ATTORNEY �Z
CITY MANAGER
SUBJECT: "Transportation, Utility Systems, and Facilities on Federal Lands" application with the
Bureau of Reclamation for consideration of a multi -use path along the Friant -Kern
Canal from Kern River Parkway to Seventh Standard Road - staff presentation by
Public Works Director (Wards 3 & 4)
RECOMMENDATION:Staff recommends submitting application and preliminary plans to Bureau of
Reclamation for consideration of a proposed multi -use path along the Friant -Kern Canal.
BACKGROUND: The Friant -Kern Canal is owned by the Bureau of Reclamation as a part of the
Central Valley Water Project. The Friant Water Authority operates the Friant -Kern Canal. This
Canal traverses through Northwest Bakersfield and terminates at the Kern River. The City desires
to construct a multi -use path, dependent upon grant funding, along the right -of -way of this
portion of the Friant -Kern Canal. The proposed multi -use path will allow for north -south travel from
Seventh Standard Road and will tie -in to the existing multi -use path located at the Kern River
along the Kern River Parkway, a distance of approximately 5.7 miles. The multi -use path is in the
Bike Transportation Plan and will provide the community an alternative for non - motorized inter -
connectivity to parks, schools, community centers, major commercial /retail centers and the Kern
River Parkway. The existing alternative is to use bike lanes and sidewalks along the collector and
arterial roadways. However, the proposed path is constrained in that there are minimal access
points and road crossings at major arterial intersections. The first step in this process is to submit a
"Transportation, Utility Systems, and Facilities on Federal Lands" application with the Bureau of
Reclamation for their consideration of the City's proposal to construct a multi -use path along a
specific portion of the Friant -Kern Canal.
In February 2013, Water Resources staff obtained permission from the Friant Water Authority
(which operates the Friant -Kern canal) to tour the canal. Water Resources staff, along with
Councilmember Smith, completed this tour with the objective of looking at the feasibility and
constraints of constructing a multi -use path along a specific portion of the Friant -Kern Canal. It is
staff's opinion that a multi -use path of normal width (12 -foot wide pavement with 4 -foot wide dirt
shoulders) can be constructed and not interfere with either daily operations or maintenance of
the Canal.
On April 11, 2013, staff and Councilmember Smith met with representatives of the Bureau of
Reclamation and Friant Water Authority. As a result of this meeting, the parties agreed that City
staff would prepare an application for "Transportation and Utility Systems and Facilities on
Federal Lands" and submit plans that would illustrate the design intent of the multi -use path to
the Bureau of Reclamation for review and consideration.
Staff now seeks Council approval to submit an application and plans to the Bureau of
Reclamation for review and consideration of a proposed multi -use path along the Friant -Kern
Canal from Kern River Parkway to Seventh Standard Road. If this application is approved by the
Bureau of Reclamation and Friant Water Authority concurs, staff will pursue available grant
opportunities to fund construction costs. It is anticipated that construction of the multi -use path
will take several phases to complete, depending on grant opportunities.
Ac G: \GROUPDAT \ADMINRPT \2014 \01 -08 \Friant -Kern canal bicycle path (3- rev).doc
BAKERSFIELD CITY COUNCIL
MINUTES
SPECIAL MEETING OF DECEMBER 5, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meeting - 12:00 p.m.
SPECIAL MEETING - 12:00 p.m.
1. ROLL CALL
Present: Vice -Mayor Weir, Councilmembers
Rivera (seated at 12:01 p.m.), Maxwell,
Smith, Hanson, Sullivan, Johnson
Absent: Mayor Hall
2. PUBLIC STATEMENTS
None.
3. 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. Kern County, et al., Kings County
Superior Court Case No. 13 C 0180.
2. City v. County of Kern, et al., Fresno
County Superior Court Case
No. 13CECG02817, DJK.
Motion by Councilmember Hanson to adjourn to
Closed Session at 12:01 p.m.
Motion by Councilmember Maxwell to adjourn from
Closed Session at 1:59 p.m.
ACTION TAKEN
APPROVED
AB HALL
APPROVED
AB HALL
4.
5.
Bakersfield, California, December 5, 2013 - Page 2
CLOSED SESSION ACTION
b. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) for
the following:
City v. Kern County, et al., Kings County
Superior Court Case No. 13 C 0180.
2. City v. County of Kern, et al., Fresno
County Superior Court Case
No. 13CECG02817, DJK.
ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 2:00 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN
NO REPORTABLE
ACTION
STAFF WAS GIVEN
DIRECTION
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 11, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:23 p.m.
ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Smith, Hanson, Johnson
Absent: Councilmembers Rivera, Maxwell,
Sullivan
2. INVOCATION by Pastor Daniel Elgu6zabal, Family
Community Center.
3. PLEDGE OF ALLEGIANCE by Devon Price, 5th grade
student at Alicante Avenue School.
Mayor Hall acknowledged the students from the Ridgeview
High School Government class, and the Boy Scouts from
Troops 188 and 163, in attendance at the meeting to learn
about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of retirement plaque
and gift certificate to Lieutenant Donald A.
Krueger.
Lieutenant Krueger accepted the plaque and
gift certificate, and made comments.
5. PUBLIC STATEMENTS
a. Ryan Nance expressed his appreciation to the
City Council for their service and for
volunteering their time in 2013.
ACTION TAKEN
E1
Bakersfield, California, December 11, 2013 — Page 2
PUBLIC STATEMENTS continued ACTION TAKEN
b. Sean Wine, Regional Manager for the Western
United States, with Clean Energy, spoke
regarding Consent Calendar Item 8.pp.,
officially retracted Clean Energy's protest letter
to bid # 13- 14 -23; and advised that they have
appreciated the City's business for the past
seven years and look forward to the
opportunity to work with the City sometime in
the future.
C. Dr. Claudia Jonah, Health Officer for Kern
County, expressed her appreciation of the City
Council's approval of the Bakersfield Bicycle
Transportation Plan.
6. WORKSHOPS
None.
7. APPOINTMENTS
a. One appointment to the Planning Commission,
due to the resignation of Justin Batey (Ward 5),
whose term expires April 30, 2017.
City Clerk Gafford announced that
applications were received from Dr. Brandon
Hawkins, Jenifer Pitcher, and Richard Paul
Schwartz.
Motion by Councilmember Hanson to appoint APPROVED
Richard Schwartz to the Planning Commission, AB RIVERA,
term to expire April 30, 2017. MAXWELL, SULLIVAN
b. One appointment to the Fire Civil Service
Board, due to the expiration of term of Thomas
Edmonds, whose term expires December 31,
2013.
City Clerk Gafford announced that an
application was received from the incumbent,
Thomas Edmonds.
Motion by Vice -Mayor Weir to reappoint APPROVED
Thomas Edmonds to the Fire Civil Service Board, AB RIVERA,
term to expire December 31, 2016. MAXWELL, SULLIVAN
Bakersfield, California, December 11, 2013 - Page 3
7. APPOINTMENTS continued
C. One appointment to the Miscellaneous Civil
Service Board, due to the expiration of term of
Gonzalo Ramirez, whose term expires
December 31, 2013.
City Clerk Gafford announced that an
application was received from the incumbent,
Gonzalo Ramirez.
Motion by Vice -Mayor Weir to reappoint
Gonzalo Ramirez to the Miscellaneous Civil
Service Board, term to expire December 31,
2016.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 20, 2013,
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
November 7, 2013, to November 25, 2013, in the
amount of $17,714,028.55 and self- insurance
payments from November 7, 2013, to
November 25, 2013, in the amount of
$381,873.79, totaling $18,095,902.34.
Ordinances:
C. California Public Employees' Retirement System
(CalPERS):
1. Adoption of Ordinance authorizing an
amendment to the contract with
CalPERS. (FR 11/06/13)
2. Amendment No. 8 to Agreement
No. 97 -39 with CalPERS Board of
Administration to provide Section 21548
(Pre- Retirement Option 2W Death
Benefit) for local police safety members.
ACTION TAKEN
APPROVED
AB RIVERA,
MAXWELL, SULLIVAN
ORD 4761
AGR 97 -39(8)
8.
Bakersfield, California, December 11, 2013 — Page 4
CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
d. Resolution Identifying Vendor, Healthcare Plans RES 149 -13
and Setting Rates for Citywide Health Insurance
Plans (Anthem Blue Cross PPO Plans Only) for
Eligible Active and Retired Employees.
e. Resolutions approving the Memorandum of RES 150 -13
Understanding, setting salaries and related RES 151 -13
benefits for employees represented by the
Bakersfield Police Officers Association and
modifying the paying and reporting the value
of employer paid member contributions with
Time -in -Grade exceptions for Police Safety
Class.
f. Resolution authorizing the sale ($1.00) of a RES 152 -13
surplus Harley Davidson Motorcycle to the Kern
County Museum.
g. Resolution determining that a portable grill cart RES 153 -13
cannot be reasonably obtained through the
usual bidding procedures and authorizing the
Finance Director to dispense with bidding
therefor, not to exceed the budgeted amount
of $43,000.
h. Emergency Repairs for Ice Chiller at Rabobank REMOVED BY STAFF
Arena:
Resolution dispensing with normal
bidding procedures due to need for
emergency installation and rental of a
portable 300 -ton ice chiller along with
emergency repairs to existing ice chiller
system at Rabobank Arena due to
catastrophic failure, not to exceed
$375,000.
2. Appropriate $375,000 Facility Reserve
Funds to the Public Works Department's
Capital Improvement Budget within the
Capital Outlay Fund.
8.
Bakersfield, California, December 11, 2013 - Page 5
CONSENT CALENDAR continued ACTION TAKEN
i. Assessment District Software:
1. Resolution determining that certain RES 154 -13
Assessment District Software cannot be
reasonably obtained through usual
bidding procedures and authorizing the
Finance Director to dispense with
bidding therefor, not to exceed $79,960.
2. Agreement with NBS Government AGR 13 -204
Finance Group (not to exceed $79,960)
for the purchase of Assessment District
Software.
j. Alfred Harrell Lift Station:
1. Resolution determining that certain
rebuilding of WEMCO pumps at Alfred RES 155 -13
Harrell Lift Station cannot be obtained
through the usual bidding procedures
because Flo- Systems, Inc., is the sole
distributor of WEMCO pumps for the
City's geographical area and
authorizing the Finance Director to
dispense with bidding therefor, not to
exceed $100,000.
2. Agreement with Flo- Systems, Inc., (not to AGR 13 -205
exceed $100,000), for rebuilding of
WEMCO pumps at Alfred Harrell Lift
Station.
k. Repair and replacement of picnic shade shelter
roof at Jastro Park:
Resolution determining that the repair RES 156 -13
and replacement of the picnic shade
shelter roof cannot be reasonably
obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding
therefor, not to exceed $16,083.
2. Agreement with Gametime (not to AGR 13 -206
exceed $16,083) for the project.
3. Transfer $16,803 from Saunders
Playground Rehabilitation project to the
Recreation and Parks Department
Capital Improvement Budget within the
Capital Outlay Fund.
8.
Bakersfield, California, December 11, 2013 — Page 6
CONSENT CALENDAR continued ACTION TAKEN
I. Management of Designated City Utility
Accounts:
1. Resolution authorizing the City Manager RES 157 -13
to execute an authorization allowing
Cass Information Systems to manage
designated utility accounts on behalf of
the City.
2. Authorization allowing Cass Information
Systems to manage designated City
utility accounts with PG &E related to
Rabobank Arena, Theater and
Convention Center, the San Joaquin
Community Hospital Ice Center, and the
Bright House Networks Amphitheater at
no additional cost to the City.
M. Resolution adding territory, Area 5 -69 RES 158 -13
(601 Tollhouse Drive) to the Consolidated
Maintenance District and approving,
confirming and adopting the Public Works
Director's Report and authorizing collection of
assessments by the Kern County Tax Collector.
n. Resolutions of Intention (ROI) adding the
following territories to the Consolidated
Maintenance District and preliminarily
approving, confirming and adopting the Public
Works Director's Report for each:
1. ROI No. 1766 adding Area 2 -55 (3700 ROI 1766
Wilson Road).
2. ROI No. 1769 adding Area 3 -90 (Tract ROI 1769
6410 at the northwest corner of Taft
Highway and Akers Road).
o. Resolutions of Intention (ROI) forming two Traffic
Signal Maintenance Districts and preliminarily
approving, confirming and adopting the Public
Works Director's Report for each:
1. ROI No. 1767 forming TS -23 (southwest ROI 1767
corner of Panama Lane and Ashe
Road).
2. ROI No. 1768 forming TS -24 (southwest ROI 1768
corner of Olive Drive and Calloway
Drive).
Bakersfield, California, December 11, 2013 — Page 7
8. CONSENT CALENDAR continued
Agreements:
P. Agreement with AEG Management Bakersfield,
LLC (not to exceed $ 60,000), for the
reimbursement of costs associated with the
rental of Rabobank Arena for the Christian
Congregation of Jehovah's Witnesses
conventions.
q. Agreement with Kern High School District (not to
exceed $75,000 paid to the City) for use of
aquatic facilities for practice and swim meets.
r. Agreement with Wilson & Associates (not to
exceed $46,800), to provide continuing
disclosure services for various Special
Assessment Districts.
S. Grant Agreement with the California Urban
Forests Council for the provision of trees and
planting materials within City parks and public
rights of way.
t. Hosking Avenue and State Route 99
Interchange Project:
1. Relocation Agreement with Lamar
Central Outdoor, LLC ($150,000).
2. Lease Agreement with Lamar Central
Outdoor, LLC. (TRIP)
U. Revised Agreement with California Department
of Fish and Wildlife ($694,852) to receive funds
for the continued preparation of the new
Bakersfield Habitat Conservation Plan.
V. On -call Agreements with A -C Electric Company
and Braun Electric Company (not to exceed
$200,000 annually) for electrical services at the
Mount Vernon Recycling Facility for a one -year
period, renewable annually for four
consecutive one -year periods.
W. Common Use Agreement with Kern Delta Water
District (no compensation) for right of entry to
maintain a canal crossing as well as existing
pavement, curb, gutter, sidewalk, traffic signals
and future improvements on McKee Road at
South H Street /Kern Island Canal.
ACTION TAKEN
AGR 13 -207
AGR 13 -208
AGR 13 -209
AGR 13 -210
AGR 13 -211
AGR 13 -212
AGR 13 -213
AGR 13 -214
AGR 13 -215
ABS JOHNSON
AGR 13 -216
Bakersfield, California, December 11, 2013 — Page 8
8. CONSENT CALENDAR continued
X. Consultant Agreement with Soils Engineering,
Inc. ($696,375), to provide materials testing
services for calendar years 2014 and 2015.
Y. Consultant Agreements with McIntosh &
Associates ($200,000), Meyer Engineering
($200,000) and Nolte Associates /NV5 ($200,000)
to provide "on- call" construction inspection
services for Development Projects and Capital
Improvement Program.
Z. Final Map, Improvement and Landscape
Agreements with Old River Road, LLC., for Tract
6678 located south of Panama Lane, between
Old River Road and Progress Road.
aa. Final Map and Improvement Agreement with
Lennar Fresno, Inc., for Tract 6758 Unit 1 located
east of Ashe Road and north of Taft Highway.
bb. Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract 7161
Unit 5 located east of Allen Road and north of
White Lane.
CC. Utility Agreement with California Water Service
Company ($667,000; 100% Local) for the
relocation of waterline facilities in conflict with
the State Route 178 Widening Project. (TRIP)
dd. Utility Agreement with Pacific Gas and Electric
Company ($86,221.21; 100% Local), for the
location of electrical distribution facilities in
conflict with the improvements on State
Route 58 from State Route 99 to Cottonwood
Road; part of the Beltway Operational
Improvements Project. (TRIP)
ee. Amendment No. 5 to Agreement No. 03 -310 for
employment of Virginia Gennaro as City
Attorney.
ff. Amendment No. 1 to Agreement No. 10 -033
with outside counsel, Marderosian, Runyon,
Cercone & Cohen extending legal services
through fiscal year 2018 -2019.
ACTION TAKEN
AGR 13 -217
AGR 13 -218
AGR 13 -219
AGR 13 -220
AGR 13 -221
AGR 13 -222
AGR 13 -223
AGR 13 -224
AGR 13 -225
AGR 13 -226
AGR 03- 310(5)
AGR 10- 033(1)
Bakersfield, California, December 11, 2013 - Page 9
8. CONSENT CALENDAR continued
gg. Amendment No. 4 to Agreement No. 09 -162
with the Bakersfield Homeless Center (revised
not to exceed $169,744 annually and extend
term one year) for sorting of green waste
material at the Mt. Vernon Green Waste
Facility.
hh. Amendment No. 1 to Agreement No. 13 -058
with Gilliam & Sons, Inc. ($400,000; revised not
to exceed $1,254,484), to continue
earthmoving and hauling services.
ii. Amendment No. 1 to Disposition and
Development Agreement No. 12 -138, for
assignment and assumption of the Baker Street
Village Phase II Project.
jj. Amendment No. 2 to Agreement No. 12 -100
with Chelsea Investment Corporation to use a
portion of the $1,200,000 HOME Investment
Partnership (HOME) Funds already allocated to
the project as a Predevelopment Loan and
provide for reimbursement to the City for
infrastructure improvements constructed which
benefit the development and construction of
the Mill Creek Courtyard Senior Residences
located at 1303 S Street.
kk. Contract Change Order No 2 to Agreement
No. 13 -139 with Granite Construction Company
($238,989.20; revised not to exceed
$1,998,137.20) for Pavement Rehabilitation 2013
Phase 2 - Panama Lane from South H Street to
Monitor Street.
Recoat Community Development Building
Rooftop Parking Decks:
Contract Change Order No. 1 to
Agreement No. 13 -141 with Angelus
Waterproofing & Restoration ($32,866;
revised not to exceed $237,871) for the
project.
2. Appropriate $32,866 Facility Reserve
Funds to the Public Works Department's
Capital Improvement Budget within the
Capital Outlay Fund.
ACTION TAKEN
AGR 09- 162(4)
AGR 13- 058(1)
AGR 12- 138(1)
ASS JOHNSON
AGR 12- 100(2)
AGR 13 -139
CCO2
AGR 13 -141
CCO1
Bakersfield, California, December 11, 2013 - Page 10
8. CONSENT CALENDAR continued
Bids:
mm. Extend bid from Jim Burke Ford ($42,592.94) for
two additional full size extended cab 1/2 ton
pickups for use by the Police Department.
nn. Accept bid from Jim Burke Ford ($1,047,252.29)
for four additional and forty -two replacement
four door police special sedans for use by the
Police Department.
oo. Accept bid from SANplicity, Inc. ($61,298.41) for
two additional Dell EqualLogic storage area
network devices for the Information Technology
Division.
pp. Accept bid and approve contract with Applied
LNG Technologies, LLC ($800,000), for the
annual contract to supply liquid natural gas
(LNG) fuel.
qq. Accept bids and approve contracts with IPC
USA ($2,750,000) and SC Fuels ($1,250,000) for
the annual contracts ($4,000,000) to supply
gasoline and diesel fuels.
rr. Accept bid and approve contract with
Cen -Cal Construction (not to exceed
$189,437.50) for canal liner repair.
ss. Accept bid and approve contract with Michels
Corporation, dba Michels Pipeline Construction
($1,563,571), for the Sewer Rehabilitation, P
Street Trunk Sewer.
tt. Accept base bid plus additive alternate 1 and
approve contract with MPI Prime Construction,
Inc. ($74,000), for bathroom reconstruction at
Fire Station No. 1.
uu. Accept base bid and approve contract with
Brown and Fowler Construction, Inc. ($414,640),
for Wilderness Park and Challenger Park
Playground Rehabilitation projects.
Miscellaneous:
vv. Appropriate $52,257 from First Five Kern Grant
revenues to the Recreation and Parks
Operating Budget within the General Fund to
provide a water safety education program
(Make -A- Splash).
ACTION TAKEN
AGR 13 -227
AGR 13 -228
AGR 13 -229
AGR 13 -230
AGR 13 -231
AGR 13 -232
AGR 13 -233
Bakersfield, California, December 11, 2013 - Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
ww. Appropriate $6,000 contribution from Bright
House Networks made through the Bakersfield
Foundation to the Recreation and Parks
Department Operating Budget within the
General Fund for the Movies in the Park series.
xx. Quitclaim to terminate temporary construction DEED 7745
easements for Fairfax Interchange and Phase 1 DEED 7746
& 2 of the Westside Parkway. (TRIP)
yy. Department of Housing & Urban Development
(HUD) Action Plan Amendments:
1. Fiscal Year 2012 -2013 Action Plan
Amendment 6 and Fiscal Year 2013 -2014
Action Plan Amendment 2,
reprogramming $800,000 of Community
Development Block Grant (CDBG) Funds.
2. Appropriate $250,475.44 CDBG
Contingency Funds to Capital
Improvement Projects within the CDBG
Fund.
zz. Audit Reports for Fiscal Year ended June 30,
2013 (refer to Budget & Finance Committee):
Comprehensive Annual Financial Report
(CAFR).
2. Agreed Upon Conditions Report.
3. Single Audit Report - Schedule of
Federal Expenditures for the City.
4. Independent Auditors Report -
Compliance with Contractual
Requirements relative to the Bakersfield
Subregional Wastewater Management
Plan.
5. Independent Auditors Report on
Appropriations Limit Worksheet (GANN
Limit) for the City.
6. Independent Auditors Report -
Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center &
Bright House Networks Amphitheater.
Bakersfield, California, December 11, 2013 - Page 12
8. CONSENT CALENDAR continued ACTION TAKEN
aaa. Fiscal Year 2012 -2013 Annual Compliance
Report for park impact fees prepared in
accordance with Government Code §66006.
bbb. Fiscal Year 2012 -2013 Annual Compliance
Report for planned drainage area fees
prepared in accordance with Government
Code §66006.
ccc. Fiscal Year 2012 -2013 Annual Compliance
Report for planned sewer area fees prepared in
accordance with Government Code §66006.
ddd. Fiscal Year 2012 -2013 Annual Compliance
Report for bridge crossings and major
thoroughfare fees prepared in accordance
with Government Code §66006.
eee. Fiscal Year 2012 -2013 Annual Compliance
Report for transportation impact fees prepared
in accordance with Government Code §66006.
Successor Agency Business:
fff. Receive and file successor agency payments
from November 7, 2013, to November 25, 2013,
in the amount of $35,000.
City Clerk Gafford announced that staff has
submitted a memorandum requesting to pull item
8.h. from the Agenda; a staff memorandum
pulling item 8.v. has been retracted; and staff has
submitted a memorandum regarding a bid
protest for item 8.pp., a memorandum noting a
correction to page 3 of item 8.a., and a
memorandum noting corrections to item 8.yy.
Councilmember Johnson announced that he would
abstain, due to a perceived conflict of interest, on
Consent Calendar Item 8.v.; and due to conflict of
Interest, source of income, on Consent Calendar
Item 8.11.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.fff., with the removal by AB RIVERA,
staff of item 8.h., and the corrections to items 8.a. and MAXWELL, SULLIVAN
8.yy.
9.
Bakersfield, California, December 11, 2013 — Page 13
CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN
None.
10. HEARINGS
11.
12
13.
14.
a. Public Hearing to consider the Resolution RES 159 -13
ordering the summary vacation of a portion of
public utility easements as created on Tract
Map 6223 (northeast corner of South Allen
Road and White Lane). A finding that the
project is exempt from the California
Environmental Quality Act will also be
considered.
Public Works Director Rojas made staff comments and
recommended adoption of the Resolution.
Hearing opened at 5:46 p.m.
No one spoke.
Hearing closed at 5:46 p.m.
Motion by Councilmember Hanson to adopt the APPROVED
Resolution. AB RIVERA,
MAXWELL, SULLIVAN
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson congratulated
Councilmember Smith on his one -year anniversary as
a Councilmember.
Councilmember Hanson asked staff to consider
requiring the Kern High School District to put up a fund
to cover the City's additional expenses for having to
clean up the mess left by the students In the
washrooms and changing rooms of the aquatic
facilities after practice and swim meets.
Bakersfield, California, December 11, 2013 - Page 14
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Hanson wished everyone a Merry
Christmas.
Councilmember Johnson extended to everyone in the
audience, all the staff, and his colleagues Happy
Holidays and Merry Christmas.
Councilmember Johnson requested that an Issue
regarding pending Federal legislation on juvenile
diabetes be referred to the Legislative and Litigation
Committee for discussion and possible action.
Councilmember Smith thanked staff and his
colleagues for working with him this past year, and
wished everybody a Merry Christmas.
Vice -Mayor Weir wished everybody a Merry Christmas,
and a safe and happy New Year.
Mayor Hall provided the following update on the local
freeway common pickup programs: There are now
three crews working from the Homeless Center, and
during the month of November they picked up 196
tons of litter; the Marriott Hotel is a new sponsor for the
Westside Parkway litter removal; the Sheriff's Office is
continuing to work five days a week picking up litter
and removing vegetation, and the Sheriff's
Department has begun citing uncovered load
violators and thus far have issued seven citations;
Caltrans has indicated that they are working on an
ongoing basis to improve the irrigation on the local
freeways, and clearing out brush and weeds to make
that possible, and they are in the process of
committing another $250,000 for this effort; the Keep
Bakersfield Beautiful group and Federal Express
partnered for a tree planting opportunity at California
and Freeway 99, and 25 trees were planted along the
roadway in front of Logan's Roadhouse Restaurant;
and information was recently received that the City of
Bakersfield and Keep Bakersfield Beautiful have been
honored by Keep America Beautiful for a community
Improvement recognition for nonprofit civic
community organizations doing litter prevention.
Mayor Hall wished everyone Merry Christmas and a
Happy Holiday Season, and is looking forward to
another positive year in the City for 2014.
Bakersfield, California, December 11, 2013 - Page 15
14. COUNCIL AND MAYOR STATEMENTS continued
Vice -Mayor Weir referred the issue of expanding the
softball diamonds into a 65 -acre regional sports center
to the Community Services Committee.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 5:55 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, December 11, 2013 — Page 16
* **THIS PAGE INTENTIONALLY LEFT BLANK * **
BAK
O�ymvoR,�4 S1
ADMINISTRATIVE REPORT
10
MEETING DATE: January 8, 2014 AGENDA SECTION: Deferred Business
ITEM: 17_. Q, ,
TO: Honorable Mayor and City Council APPROVED
FROM:
DATE:
SUBJECT:
Alan Tandy, City Manager
January 3, 2013
DEPARTMENT HEM`^
CITY ATTORNI
CITY MANAG
Report regarding the Cul -de -Sac Project, south of 24th Street
RECOMMENDATION:
Staff recommends that the City Council receive and file this report. Such action will, in effect,
uphold the decision made by the City Council on November 14, 2012, which allows the cul -de-
sac project to proceed on those streets where the residents meet the established criteria.
ALTERNATE RECOMMENDATION PROPOSED BY COUNCILMEMBER MAXWELL:
An alternate recommendation, at the request of Councilmember Maxwell, and included as the
first attachment to this administrative report, is consideration of his proposed amendment to
Resolution 128 -12 specifying when construction of qualifying cul -de -sacs may occur, and that if
the 24th Street Widening Project does not occur, the cul -de -sacs will be paid for by the
surrounding property owners.
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.
At that time, the City Council adopted Resolution No. 128 -12, which allows for the closure of,
and construction of cul -de -sacs on the above - referenced streets if:
1. All property owners between 24th and 22nd Streets on an affected street agreed to the
closure by signing a petition; and
2. The owners of the property adjacent to 24th Street on the affected street agreed to
donate sufficient property to construct the cul -de -sac to City standards.
A copy of the Administrative Report and the Resolution, as well as the motion and vote
regarding the project from the November 12, 2012 meeting are attached for your information.
AT /VG /RS
Page 1
A
QCpVOR4 V
ADMINISTRATIVE REPORT
IFO
The Council's action allowed the residents of the streets to decide individually what they
wanted to do regarding the cul -de -sac proposals. As stated above, 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.
On November 6, 2013, an updated report was provided to the City Council, and a copy of that
report is also attached. At that time, the residents on three streets, Spruce, Myrtle and Pine, had
met the required Council conditions for land dedication and unanimity of opinion for the two
blocks from 22nd - 24th Street. However, one property owner on Spruce Street has recently
withdrawn approval, so Spruce Street no longer meets the established criteria. However, the
residents on Myrtle and Pine Streets should be allowed to have the cul -de -sacs installed, per the
November 14, 2012 Council approval. At that time, staff recommended the cul -de -sac
construction take place simultaneously with the 24th Street construction to minimize disruption
and inconvenience to the residents. However, there has been a year -long delay in transitioning
the draft EIR to the final EIR. Therefore, it seems more prudent to let the residents select their
preferred timeframe. Action regarding this issue was postponed until January 8, 2013, when the
full City Council would be present.
The cost estimate per cul -de -sac is $18,026.
In accordance with the engineering contract approved by the City Council on October 16,
2013, the drainage design and related work for the cul -de -sacs has continued.
Proposed Amendment to Resolution 128 -12 as requested by Councilmember Maxwell
Resolution 128 -12 does not specifically address when the cul -de -sacs will be built for those
streets that met the requirements. Councilmember Maxwell requested that the City Attorney
prepare a proposed amendment to Resolution No. 128 -12 for the Council's consideration. The
amendment is to clarify when said cul -de -sacs will be constructed on qualified streets. Namely,
he proposes that the Resolution state that qualifying cul -de -sacs will be built in conjunction with
the construction of the 24th Street widening project, if that project is ultimately approved. He
believes this would be consistent with the intent of the Council when Resolution 128 -12 was
being considered. In addition, Councilmember Maxwell believes that coordinating the
construction of the cul -de -sacs at the same time as the 24th Street Project will limit interference
to the neighborhood, and be a more efficient use of government resources and
money. Furthermore, if the widening project is not ultimately approved, then the costs of the
cul -de -sacs will need to be borne by the surrounding property owners and can be constructed
as determined appropriate by the City's Public Works Director.
The attached amendment is an attempt to capture this referral.
AT /VG /RS
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