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HomeMy WebLinkAbout01/22/14_CC_AGENDA_PACKET21% 1 BAKERSFIELD CITY COUNCIL AGENDA MEETINGS OF JANUARY 22, 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. 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 549569 (d)(2), (e)(1) (two potential cases). b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(4) (one potential cases). 4. CLOSED SESSION ACTION 5. ADJOURNMENT REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Ghurujoda Khaisa, Guru Ram Dos Gudwara. 3. PLEDGE OF ALLEGIANCE by Hannah Jimenez 41h grade student at Douglas Miller Elementary School, 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Greg Gallion, President and CEO of Houchin Community Blood Bank, honoring the beautification efforts of their facility located at 11515 Bolthouse Drive. b. Presentation by Mayor Hall of a Proclamation to Patricia Davis, Assistance League President, declaring February 19, 2014, Assistance League of Bakersfield Day. C. Presentation by Vice -Mayor Weir of a plaque to Bakersfield High School Football Head Coach Paul Golla, honoring the BHS Football Team's 2013 State Championship Title. 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 8, 2014, Regular City Council Meetings. Payments: b. Receive and file department payments from December 17, 2013, to January 9, 2014, In the amount of $20,563,614,40, and self- insurance payments from December 17, 2013, to January 9, 2014, In the amount of $490,393.34, totaling $21,054,007.74. Ordinances Resolutions: C. Resolution in support of Assembly Bill No. 1439, regarding Internet Cafes, d. Resolution supporting Governor's declaration of a State of Emergency due to water shortage, (Ward 3) e. Resolution of Intention No. 1771 ordering the vacation of a portion of the public utility easement (PUE) for Lot 132 of Tract Map 6444, Phase 2 located along Francois Lane, of Four Seasons Development, which is bordered by Paladino Drive to the north and Panorama Drive to the south, Agreements: f. Anchor Tenant Lease Agreement with KG (US) OILERS Corporation and AEG Management Bakersfield, LLC, to own and operate a professional Ice hockey franchise at the Rabobank Arena. (Ward 4) g. Final Map and Improvement Agreement with Castle & Cooke California, Inc„ for Tract Map 6448 Unit 7 located south of Stockdale Highway and west of South Renfro Road. (Ward 6) h, Three -party agreement with San Joaquin Valley Air Pollution Control District and Biogas & Electric, LLC, to design, fabricate and test a nitrogen oxides (NOx) and sulfur oxides (SOx) treatment system at Wastewater Treatment Plant No. 3. (City pays only for electrical costs associated with operation of system and performs routine maintenance tasks), (Ward 2) i. Amendment No. 1 to Agreement No, 13 -104 with the Kern High School District to lease property at 1417 H Street. Bids: (Ward 63) J. Accept bid and approve contract with Loop Electric, Inc. ($134,510), for the Traffic Signal & Lighting System Installation on Stine Road at Woodmere Drive Project, Miscellaneous: (Ward 5) k. Approval of Tract Map with Castle & Cooke California, Inc., for Tract 7166 Phase 4 located south of Ming Avenue and west of Gosford Road, Proposed update to Wastewater Revenue Program in compliance with State mandates. (Staff recommends referral of Sewer Utility Rate Study to Budget & Finance Committee) City Council Meeting of 01 /22/2014 8. CONSENT CALENDAR continued Successor Agency Business: M. Receive and file successor agency payments from December 17, 2013, to January 9, 2014, in the amount of $455,887.35. Staff recommends adoption of Consent Calendar Items 8.a. through 8.m. 9. CONSENT CALENDAR PUBLIC HEARINGS (Ward 4) a. Public Hearing to consider the following for the West Beltway Major Planned Thoroughfare Area; (Staff recommends adoption of the resolution and ordinance) 1. Resolution adopting the West Beltway Major Planned Thoroughfare Area and making findings thereto. 2. Adoption of Ordinance amending Subsection F of Section 16.32.060 of the Municipal Code relating to Bridge Crossings and Major Thoroughfares. (FR 01/08/14) (Ward 2) b. Public Hearing to consider a Resolution approving the Issuance of tax exempt multi- family housing revenue bonds by the California Municipal Finance Authority to benefit Mill Creek Courtyard CIC, L.P. (Chelsea Investment Corporation), for the acquisition and construction of a 62 -unit multi - family rental senior housing project located at 1303 S Street, known as MITI Creek Courtyard. (Staff recommends adoption of the resolution) 10. HEARINGS (ward 2,4) a. Public Hearing to consider a resolution certifying the Final Environmental Impact Report and approving the 24th Improvement Project. (TRIP) Staff recommends adoption of the resolution. It is proposed that the Council hear the staff presentation, the public hearing be opened and public testimony received, and the hearing then be continued with action taken at the February 12 2014 City Council meeting, 11. DEFERRED BUSINESS (ward 2) a. Amendment No. 2 to Resolution No. 128 -12, revising the requirements to qualify for a Cul -de -Sac on Beech, Myrtle, Spruce, Pine, Cedar, A, B, and C streets, south of 24th Street. (deferred from the meeting of 01/08/14) Staff recommends approval of amendment No. 2 to resolution No. 128 -12, which will revise the Council's established policy requiring 100% approval from property owners on the south side of 24th Street, between 22nd and 24th streets. City Council Meeting of 01 /22/2014 12. REPORTS (Ward 2,4) a. Responses to Referrals from Councilmember Maxwell, (TRIP) Staff recommends the report be received and filed, b. Mid -Year Budget Update and Adjustments for Fiscal Year 2013 -14: 1, Transfers ($992,639) and appropriations ($2,133,804) as listed in Exhibit "A" (various wards). 2. Agreement with the International Association of Chiefs of Police (not to exceed $99,875) to conduct a Strategic Operational Analysis of the Police Department, 3. Transfer and appropriation of $99,875 from General Fund Balance to the Non - Departmental Budget within the General Fund for the Police Department Strategic Operational Analysis, Staff recommends approval of the budget transfers, appropriation of funds and agreement, 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT 01117114 4:14pm Respectfully submitted, 4 City Council Meeting of 01 /22/2014 Alan Tandy City Manager 4 City Council Meeting of 01 /22/2014 r AGENDA HIGHLIGHTS January 22, 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 matters. The Council will then recess Into Closed Session. Upon conclusion of the Closed Session, any action will be announced and the meeting will be adjourned. At 5:15, the Regular Meeting will then be called to order to address the remainder of the agenda items. There will be a conference with legal counsel regarding two matters of potential litigation and one matter pertaining to the initiation of litigation. REGULAR MEETING -5:15 p.m. Item 8f. Anchor Tenant Lease Agreement for the ownership and operation of a professional ice hockey franchise in the Arena. Since the 1998 opening of the Arena, the Bakersfield Condors professional minor league hockey team has been under lease with Flying Puck, LLC, whose principal owner is Jonathan Fleisig. Flying Puck and KG [US] OILERS CORP. have executed a buy -sell agreement that would, assuming the sale is approved by the ECHL and a new lease agreement is approved by the parties, transfer ownership of the Condors franchise from Flying Puck to KG [US] OILERS CORP., which is a part of the family of entities operated by the Edmonton Oilers of the National Hockey League (NHL). The Condors have been affiliated with the Oilers since the beginning of the 2013 -2014 season. Leasing the Arena to a team owned by an NHL franchise carries advantages, such as solid financial backing, scouting, player recruitment and development, knowledge of marketing techniques, and much more. The ECHL is also a development league; that is, one of its primary reasons to exist is to prepare players to be promoted, and that status provides competitive advantages. Some key points of the agreement are: The term will be extended to June, 2023; they will receive 450 parking passes which are used in marketing promotions; one suite will be provided for their use, and they will receive a higher pass - through on new and renewed suite leases; 50% of the net concession revenue will be provided if the team is in the playoffs; they will receive $25,000 for hockey inventory from a naming rights sponsor; and staff will continue to invest in the capital needs of the building. Item 10a. Final EIR for the 24th Street Widening Project. Following circulation of the Draft Environmental Document for this TRIP project, Alternative 1 to Widen to the North of 24th Street was recommended by the Project Development Team (representatives from the City, Caltrans and the project consultants) as the preferred alternative for the final environmental document (EIR). The final EIR has been prepared based on comments from the public and reviewing agencies. Some project design changes, as described in the administrative report, were made as a result of input from local residents. On January 16, 2014, the Planning Commission voted unanimously to recommend certification of the final EIR to the City Council. The commission is requesting that the City consider construction of sound walls, with City funds, were economically feasible and where the difference between the federal reasonable allowance and the construction costs is relatively low. Staff recommends adoption of the Resolution approving the final EIR; it is proposed that the Council hear the staff presentation, the public hearing be opened, and public testimony be received at the January 22nd Council meeting, and the hearing continued to the February 12th meeting for Council action. Item I Ia. Cul -de -Sac Project_ smith of 24th Street. Resolution 128 -12, which allows for the closure and construction of cul -de -sacs on Beech, Myrtle, Spruce, Pine, Cedar, and A, B, and C Streets, south of 24th Street, was approved on November 14, 2012. On January 8, 2014, the Council approved an amendment to allow a cul -de -sac to be constructed at a time agreed upon by the Public Works Director and the property owners between 22nd and 24th Street on the street requesting the cul -de -sac. At that meeting, the Council asked staff to propose an alternative to the current policy requiring 100% of the property owners to approve the cul -de -sacs on their streets. Justification for the change in policy originated from the comments of multiple residents, in addition to the Council request. Staff is recommending an amendment to revise the 100% property owner approval to 75 %, and approval for construction of cul -de -sacs on Spruce and A Streets at this time. Approval for construction of cul -de -sacs on any other street that has approval of 75% of the property owners would be presented to the Council in the future for consideration. Item 12b. Mid -Year Budget U12date and ACMtments. Staff will present a budget update, along with a recommendation for several related actions, including: the transfer of $977,639 in on -time General Fund balance to the Facility Replacement Reserve Fund to restore it to $5,000,000; a transfer of $15,000 within the current CIP budget (from project savings) to complete a section of sidewalk on Stine Road near Margalo Avenue, per an earlier request from Councilmember Johnson; an appropriation of $1,750,000 from the General Fund Balance to the Fire Department capital improvement budget for a design /build project that would significantly rehabilitate Fire Station 8, which includes a temporary relocation of staff and apparatus; $383,804 ($215,866 net of new revenues) for the ongoing operation and capital improvements at the City of Bakersfield Animal Care Agenda Highlights - January 22, 2014 Council Meeting Page 2 Center; and an agreement to perform a strategic operational analysis, which involves the transfer of an amount not to exceed $99,875 from the General Fund to the Non -. Departmental Budget within the General Fund. This last item is the first step to respond to a referral from Vice Mayor Weir to formulate a multi -year strategic planning document for the Police Department, as a study must be performed before the planning document can be composed. /- Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - January 22, 2014 Council Meeting Page 3 ADMINISTRATIVE REPORT MEETING DATE: January 22, 2014 AGENDA SECTION: Closed Session ITEM: 3. a TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V6- DATE: January 15, 2014 CITY ATTORNEY 1�G CITY MANAGER SUBJECT: Conference with Legal Counsel — Potential Litigation Closed session pursuant to Government Code section 54956.9(d) (2),(e) (1) (two potential cases). VG:Isc S: \COUNCIL \CI Sess\Admins\ 1 3-14\ 1 -22-14PotLit.docx ADMINISTRATIVE REPORT MEETING DATE: January 22, 2014 AGENDA SECTION: Closed Session ITEM: ,3, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 1/G DATE: January 15, 2014 CITY ATTORNEY ✓� CITY MANAGER /uJ SUBJECT: Conference with Legal Counsel — Initiation of Litigation Closed session pursuant to Government Code section 54956.9(d) (4) (one potential case). VG:Isc S: \COUNCIL \CI Sess\ Admins \13- 14 \1- 22- 141nitL1t.docx MEETING DATE: January 22, 2014 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: January 9, 2014 APPROVED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER �W SUBJECT: Presentation by Mayor Hall of a Proclamation honoring the beautification efforts of Houchin Community Blood Bank, at the 11515 Bolthouse Drive location, to President and CEO, Greg Gallion. RECOMMENDATION: BACKGROUND: krt MEETING DATE: January 22, 2014 AGENDA SECTION: Presentations ITEM: Al, TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEA DATE: January 9, 2014 CITY ATTORNEY p� CITY MANAGER J SUBJECT: Presentation by Mayor Hall of Proclamation declaring February 19, 2014, as "Assistance League of Bakersfield Day" to Assistance League President Patricia Davis. RECOMMENDATION: BACKGROUND: krt January 9, 2014, 11:43AM W:WIAYORWDMIN\2014WSSISTANCE LEAGUE DAY.dot MEETING DATE: January 22, 2014 AGENDA SECTION: Presentations ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall January 9, 2014 DEPARTMENT HE CITY ATTORNEY CITY MANAGER APPROVED Presentation by Vice -Mayor Weir of a plaque to Bakersfield High School Football Head Coach Paul Golla, honoring the BHS Football Team's 2013 State Championship title. RECOMMENDATION: BACKGROUND: krt A O� ce4t� S ADMINISTRATIVE REPORT ., 0 MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar ITEM: 8� Q TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD z� DATE: January 10, 2014 CITY ATTORNEY CITY MANAGER__ SUBJECT: Approval of Minutes of the January 8, 2014, Regular City Council Meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: Rg:ndw A O� u ADMINISTRATIVE REPORT U ty MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: January 9, 2013 CITY ATTORNEY CITY MANAGERS SUBJECT: Receive and file department payments from December 17, 2013 to January 9, 2014 in the amount of $20,563,614.40, Self Insurance payments from December 17, 2013 to January 9, 2014 in the amount of $490,393.34, totaling $21,054,007.74 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: January 9, 2014, 4:42PM S: \Kim GWDMIN \COUNCIL - ADMIN- AP- 2014WDMIN —AP 012214.doc j ADMINISTRATIVE REPORT MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V9- DATE: January 13, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution in Support of Assembly Bill No. 1439 Regarding Internet Cafes RECOMMENDATION: Staff recommends support of Assembly Bill No. 1439. BACKGROUND: The City of Bakersfield has seen an increase in the number of businesses commonly referred to as "internet cafes." These businesses offer customers cash prizes through sweepstakes entries given in conjunction with the purchase of goods or services. In most instances, sweepstakes entries accompany internet or phone time purchased from the cafe; however, many customers purchase internet and phone time in quantities that far exceed possible usage. This allows the customer to acquire more sweepstakes entries to obtain more chances of winning cash prizes, and thus arguably operate as an illegal gambling establishment. Local citizens and business owners have experienced an increase in crime due to the clientele that these internet cafes attract. The Safe Neighborhoods Committee has been discussing this topic and brainstorming potential solutions for some time and although law enforcement has increased its presence around such businesses, and the District Attorney is making headway with the courts to get a published decision to clarify that these businesses are illegal, internet cafes continue to open and operate throughout the City, due to the unclear status of the law. California State Assemblyman Rudy Salas has brought forth proposed legislation, Assembly Bill 1439, to clarify that these types of establishments are clearly illegal and it is recommended that the City of Bakersfield fully support the adoption of this Bill. TG:Isc S: \COUNCIL \Admins \13 -14 Admins \AB 1439Support.InternetCafAs.docx A ADMINISTRATIVE REPORT MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar ITEM: Is d TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney January 17, 2014 APPROVED DEPARTMENT HEAD 1, CITY ATTORNEY R CITY MANAGER ,eS A Resolution Supporting Governor's Declaration of a State of Emergency Due to Water Shortage. RECOMMENDATION: Staff Recommends adoption of this Resolution. BACKGROUND: The City of Bakersfield is currently facing what could be another very dry water year, following two dry years in 2012 and 2013. Results from the preliminary snow surveys conducted by the California Department of Water Resources (DWR) for the Sierra Nevada snowpack do not look good. City residents are largely dependent on snow melt which feeds the Kern River, as well as groundwater stored in the underground aquifer which is replenished by Kern River flows. DWR is forecasting that the SWP will be able to provide only 5 percent of the contracted amount for ID4 to treat and deliver to local residential customers. The current dry conditions, the decreasing Kern River water supply, and the unreliable source of water from the SWP for residential customers over time could reduce the City's available water supply and further contribute to already declining groundwater levels in and around the City. Anticipating a dry year in 2014, and based on the initial forecast of 5 percent of its SWP allocation, in November 2013 the Kern County Water Agency (Agency) Board declared a drought emergency. The drought emergency allows the Agency to move quickly to conduct emergency repairs on its wells and facilitate water exchanges with other agencies. In December 2013, Governor Brown set up an interagency Drought Task Force to work with federal and local agencies to review expected State Water allocations, review the state's level of preparedness, and determine whether conditions warrant declaration of a statewide drought. 1j1111 ADMINISTRATIVE REPORT The Kern County Board of Supervisors, at their meeting on January 14th adopted a resolution proclaiming a state of local emergency in Kern County caused by a severe water shortage and requesting immediate state and federal assistance. Because of the City's ongoing efforts to conserve, recharge, and store Kern River water supplies, City staff does not believe it is necessary at this time to declare a water emergency within the City. The City is also not dependent on State Water supplies, although State Water supplies do contribute to local groundwater levels through recharge efforts conducted by IN, and, as indicated, provides a supplemental surface water supply to some City residents. However, we still recommend adoption of a resolution supporting a statewide declaration of a State of Emergency due to the current drought conditions because the drought threatens the City's present and long term water supply, and because such a resolution would support similar resolutions by the Agency and other local entities. Such a position was supported by the Water Board at its January 15, 2014 meeting. On January 17, 2014, the Water Board's meeting, Governor Brown declared a state of emergency due to the drought. Therefore, rather than asking for a declaration of a state of emergency, the City's resolution now supports the Governor's declaration. S: \COUNCIL \Admins \13 -14 Admins \Water.Drought.Docx ADMINISTRATIVE REPORT MEETING DATE January 22, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: January 8, 2014 APPROVED DEPARTMENT HEAD X, CITY ATTORNEY - CITY MANAGER___ SUBJECT: Resolution of Intention No. 1771 to order the vacation of a portion of the Public Utility Easement (PUE) for Lot 132 of Tract Map 6444, Phase 2 (Lot 132 is located along Francois Lane of Four Seasons Development, which is bordered by Paladino Drive to the north and Panorama Drive to the south) (Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution of Intention. BACKGROUND: The City of Bakersfield has received a request from K. Hovnanian Companies to vacate a portion of the public utility easement as created with Tract Map 6444, Phase 2 for Lot 132 along Francois Lane. Developer has requested the vacation of this PUE in order to build retaining walls over this PUE. The final hearing for this vacation is set for the February 12, 2014, Council Meeting. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is no City sewer or storm drain facilities in this public utility easement area. The utility companies serving the area have been notified by mail. Public Works has received no objections from the utility companies as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300 - foot radius of the proposed vacated area. Public Works has received no objections from these owners as of the date of this report. On December 20, 2013, the Planning Department found the proposed vacation of a portion of the public utility easement as created with Tract Map 6444, Phase 2, for Lot 132 along Francois Lane to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. /bw January 8, 2014 G: \GROUPDAT \ADMINRPT \2014 \01 -22 \PUE Lot 132 Tr 6444 -2 Admin. Report - rev.doc MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar ITEM: iff TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: January 7, 2014 DEPARTMENT HEAD CITY ATTORNEY CITY MANAG SUBJECT: Anchor Tenant Lease Agreement with KG [US] OILERS CORff V an Ukey EG Management Bakersfield, LLC, to own and operate a professional ice franchise in the Arena RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Since the 1998 opening of the Centennial Garden, now known as Rabobank Arena, the Bakersfield Condors professional minor league hockey team, has been under lease with Flying Puck, LLC, whose principal owner is Jonathan Fleisig. Under Mr. Fleisig's leadership, the Condors have become deeply ingrained in the community, and their games are traditionally among the highest attended events in the ECHL. Additionally, the charitable contributions made by the franchise to the local community have been enormous. The City of Bakersfield owes a very strong thank you to Mr. Fleisig for his long -term investment, hard work and community involvement. Flying Puck and KG [US] OILERS CORP. have executed a buy -sell agreement that would, assuming the sale is approved by the ECHL and a new lease agreement is approved by the parties, transfer ownership of the Condors franchise from Flying Puck to KG [US] OILERS CORP. KG [US] OILERS CORP, is a part of the family of entities operated by the Edmonton Oilers of the National Hockey League (NHL). Thanks are due to AEG, the Arena management firm, for introducing Edmonton to Bakersfield, which resulted in this opportunity. In essence, the Edmonton Oilers will, as a practical matter, own and operate the Condors as part of a comprehensive player development program that includes the Oklahoma City Barons in the American Hockey League (AHL) and the Edmonton Oil Kings of the Major Jr. Western Hockey League. This program will allow the organization to develop players at all significant levels of hockey. Local fans will be able to watch players from Bakersfield move up within the Oilers organization. AT:al Page 1 S: \Admin Rpts \2014 \Hockey Lease Agreement.docx Advantages to the City /Rabobank Arena Obviously, leasing the Arena to a team owned by an NHL franchise carries advantages, such as solid financial backing, scouting, player recruitment and development, knowledge of marketing techniques, and much more. The ECHL is also a development league; that is, one of its primary reasons to exist is to prepare players to be promoted, and that status provides competitive advantages. The Ontario Reign, owned, in part, by the Los Angeles Kings, for example, is in first place in the Western Division of the ECHL. The Condors have been affiliated with the Oilers since the beginning of the 2013 -2014 season. As an affiliate, the Condors receive five to six players under contract with the Oilers or its AHL team, the Barons, during the season. But now that the Condors franchise is to be owned by the Oilers, the commitment to staffing the team with additional qualified players should assist the Condors in being more competitive within the ECHL. A more competitive and successful team translates into larger crowds and a corresponding revenue increase for the City. Major Lease Changes KG [US] OILERS CORP. will, as Flying Puck has, operate the Condors as an independent business that is intended to be financially self- sustaining. To that end, City staff has been negotiating lease terms with KG [US] OILERS CORP. that will allow it to operate a successful franchise while at the same time providing the City with the necessary revenues, protections, and assurances it needs as the Arena's owner. The most significant changes to the current lease with Flying Puck include: Term: Extended to June, 2023 Parking Passes: Increased from 300 to 450 (used in marketing promotions) Suite Leases: 1. KG [US] OILERS CORP. will receive a higher pass- through on new and renewed suite leases. 2. One suite (not leased in recent years) will be provided to KG [US] OILERS CORP. for their use, promotions, etc. Playoffs: 50% of net concession revenue will be provided to KG [US] OILERS CORP. (Note: there has been no such revenue in the last two years.) Naming Rights: When the naming rights deal is renewed, a pass- through of $25,000 for hockey inventory will be added into the payments made by the naming rights sponsor. Capital Improvements: City staff has reviewed its historical annual commitment to capital needs in the building, and is pledging to contribute that same average amount (and consult with KG [US] OILERS CORP. on their capital and building needs) as a part of the annual budget. This was done with Flying Puck as well, and is not truly a significant change. AT:ai Page 2 S: \Admin Rpts \2014 \Hockey Lease Agreement.docx The basic per -game lease charges and concession shares remain consistent with what has been in place. Summary This will be a major, positive step forward for the Condors and their performance, Arena revenues, and, most importantly, the community. Officials from the Oilers and the Condors will schedule a press conference on the day following Council's consideration of this Agreement for public education, questions, etc. The presence of the National Hockey League in Bakersfield is a big step forward. The City of Bakersfield welcomes KG [US] OILERS CORP. and the Edmonton Oilers to our community! AT:al Page 3 S: \Admin Rpts \2014 \Hockey Lease Agreement.docx A ADMINISTRATIVE REPORT MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 6, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY p� CITY MANAGER Approval of Final Map and Improvement Agreement Final Map and Improvement Agreement with Castle & Cooke California, Inc., a California Corporation, for Tract 6448, Unit 7, located south of Stockdale Highway and west of South Renfro Road. (Ward 4) RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: This Agreement is entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENT ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. mmm January 8, 2014, 8:33AM G: \GROUPDAT\ADMINRPT \2014\01- 22 \T6448 -7 Map and IM AGRA= O�BA E ycaRenoR `QS ADMINISTRATIVE REPORT RT NY It LIi: o MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: January 8, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Three -party agreement with San Joaquin Valley Air Pollution Control District and Biogas & Electric, LLC to design, fabricate and test a nitrogen oxides (NOx) and sulfur oxides (SOx) treatment system at Wastewater Treatment Plant 3 (City pays only for electrical costs associated with operation of system and performs routine maintenance tasks) (Ward 6). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: As part of the City's commitment to cleaner air, Wastewater Plant 3 was selected to participate in a pilot project sponsored by the San Joaquin Valley Air Pollution Control District's Technology Advancement Program. Biogas & Electric, LLC (Contractor) will work with the City and the Air District to develop NOxRx, a system which will reduce emissions from the City's biogas engines, thus contributing to cleaner air. This project is expected to offer significant benefits to the Contractor, the City, and the District. Contractor will design a new air pollution control system and the City will retain an air pollution control system that will likely exceed Air District rule requirements for several years. In addition, San Joaquin Valley residents will benefit from quantifiable emission reductions. The Contractor will complete the design, fabrication, integration, testing, and use of the NOxRx treatment system on a waste - gas -fired engine operating at Plant #3. The City will provide a host site for the project, assist with reporting, and continue to operate the system after project completion if the pilot program is successful. The Air District will provide the majority of construction funding and will ensure Contractor's tasks are satisfactorily completed. Contractor will absorb construction costs beyond the amount paid by the Air District. Although the City bears no part of construction costs, the City does expect to incur minimal electricity and manpower costs to maintain the system during and after the testing phase. The total project budget is $659,304, of which $417,050 will be funded by the Air District and the remainder will be funded by the Contractor. Operation and maintenance costs should be greatly reduced compared to alternative control technologies, and the City will be left with a fully operational system. The entire project period is estimated to take two years to complete, spanning from late January 2014 to February 2016. rb January 9, 2014, 1:38PM G: \GROUPDAT \ADMINRPT \2014 \01- 22 \Admin WW Division - Valley Air District rp.doc ADMINISTRATIVE REPORT The NOxRx system is anticipated to meet an emission level of 0.02 Ib /MWh, as proposed in Exhibit B, which exceeds the Air Resources Board Distributed Generation standard of 0.07 Ib /MWh. However, if this technology project does not demonstrate this level of emissions control, there may still be real and meaningful benefits to the City and the residents of the Valley. For the purposes of determining if the demonstration is sufficiently successful to warrant continued operation of the demonstrated emissions control equipment, a list of specific criteria was developed and included as part of this Agreement. There is no General Fund impact with these projects. Sufficient funds are budgeted to cover the City's cost of electricity and routine maintenance tasks. rb January 9, 2014, 1:38PM G: \GROUPDAT \ADMINRPT \2014 \01- 22 \Admin WW Division - Valley Air District rp.doc A u ADMINISTRATIVE REPORT MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar ITEM: Z. ' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director January 15, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY 4 CITY MANAGER Amendment No. 1 to Agreement No. 13 -104 with the Kern High School District to lease property at 1417 H Street. (Ward 2) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On July 17, 2013, the City entered into Agreement NO. 13 -104 with the Kern High School District (KHSD) to lease a 12,320 square foot building located at 1417 H Street for the Police Department's property room needs. The City previously leased 4500 square feet in the building located at 1420 G Street for this purpose but have since relocated to 1417 H Street. On December 17, 2013, KHSD gave the City notice that it was terminating the lease effective December 31, 2014. The reason for the early termination was to allow KHSD to demolish all the buildings located on the block bounded by the railroad tracks, "G ", "H" and 14th Streets to provide additional parking for the Griffith Field restoration project. The City expended a great deal of money ($37,985.95) relocating into and modifying 1417 H Street to make it suitable for a property room. KHSD has offered the City rent credits up to the amount the City expended moving into and modifying 1417 H Street. The City currently pays $5,420 per month in rent and the amendment provides the City will receive a rent credit up to $37,978.95 or approximately seven (7) months. After the seven months the City will continue to pay rent until the City relocates. Staff will begin searching for alternative locations to ensure the Police property room can be relocated when the lease with the Kern High School District expires on December 31, 2014. p: \myfiles \admin reports \police property room amend.3.docx 1/ 15/2014 12:04 PM DMA /s MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar ITEM: • TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: January 5, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Loop Electric, Inc. ($134,510.00) for the Traffic Signal and Lighting System Installation on Stine Road at Woodmere Drive project. (Wards 6 and 7). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: This project consists of constructing a traffic signal and lighting system, marking and striping modifications, and reconstructing access ramps to meet current American with Disabilities Act (ADA) requirements. This project is 88.53% federally funded through the Congestion Mitigation and Air Quality Program (CMAQ) and 11.47% locally funded through gas tax revenues. Because this project includes federal funding, this project is subject to prevailing wages. The Engineer's Estimate for this construction contract was $150,000.00. On December 18, 2013, a total of two bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Loop Electric, Inc. 2040 Downing Avenue Bakersfield, CA 93308 (County) in the amount of $134,510.00 A -C Electric Company 315 30th Street Bakersfield, CA 93301 (City) in the amount of $158,861.00 Sufficient funds are budgeted for award of this contract. There is no General Fund impact associated with this project since the project is predominantly federally funded, with the local match requirement funded by gas tax revenues. Public Works / Design Engineering / RT G:\GROUPDATWDMINRPT\ 2014\ 01- 22 \StineWd_signal_T3K216.doc January 7, 2014, 12:OOPM MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar ITEM: 9. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: January 8, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Tract Map 7166, Phase 4 (ONLY), located south of Ming Ave. and west of Gosford Road, with Castle & Cooke California, Inc., a California Corporation. (Ward 5) RECOMMENDATION: Staff recommends approval of map. BACKGROUND: The streets and improvements for this tract are constructed and were included with underlying Tract 6799 on Improvement Agreement Number 07 -057. This is for approval of the final map only. MMM January 8, 2014, 10:12AM G: \GROUPDAT\ADMINRPT \2014 \01- 22 \T7166 -4 Map ONLY.doc eoBieoe, ERS ADMINISTRATIVE REPORT LIF MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 8, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY t CITY MANAGER Proposed update to Wastewater Revenue Program in compliance with State mandates. RECOMMENDATION: Staff recommends referral of Sewer Utility Rate study to Budget and Finance Committee. BACKGROUND: The last Wastewater Revenue Program was approved by the City Council on May 16, 2001, and by the State Water Resources Control Board on July 9, 2001. Since this study was prepared over 12 years ago, staff proposes an update to the current Revenue Program to ensure continued compliance with State Water Resources Regional Control Board and Proposition 218 (Prop 218) requirements. Sewer user fees are subject to Prop 218 which governs how local governments charge fees and corresponding noticing requirements. Sewer user fees are charged to all residential and commercial customers whose effluent is treated by the City's two wastewater plants. Sewer user fees are based on three unique characteristics. The three characteristics are: • Water Flow - wastewater treated at the Plants • Biological Oxygen Demand (BOD) - measures strength of effluent • Total Suspended Solids (TSS)- measures amount of particulate matter Additionally, commercial customers are assigned to specific groups (e.g., car washes, food /beverage, small office), based on characteristics for each customer group. Water consumption data is obtained annually from water purveyors, (e.g., California Water Service). There are over 4,200 commercial sewer customers. Of that number, a little over 1,700 are subject to surcharges in the current fiscal year. Surcharges billed to commercial customers can vary significantly from year to year since water flow varies from year to year. The current methodology of calculating commercial surcharges is complex and difficult to explain to the user. Separate flow, BOD, and TSS rates are used to calculate surcharges. Staff proposes to simplify the calculation by using a single blended rate for commercial user groups based upon the strength of the effluent treated at the plants. GI G: \GROUPDAT \ADMINRPT \2014 \01 -22 \Sewer Utility Rate Study rp.doc ADMINISTRATIVE REPORT Page 2 Staff recommends referring the update of the Wastewater Revenue Program to the Budget and Finance Committee. Prop 218 regulations require noticing of property owners for changes in methodology in charging user fees. Therefore, this issue is subject to Prop 218 noticing requirements. Notices would have to go out in early April to meet deadlines for FY 14/15 sewer charges. GI G: \GROUPDAT \ADMINRPT \2014 \01 -22 \Sewer Utility Rate Study rp.doc MEETING DATE: January 22, 2014 AGENDA SECTION: Successor Agency ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: January 15, 2014 APPROVED DEPARTMENT HEAD �S CITY ATTORNEY p� CITY MANAGER SUBJECT: Receive and file Successor Agency payments from December 17, 2013 to January 9, 2014 in the amount of $455,887.35 RECOMMENDATION: Staff recommends the report be received and filed. BACKGROUND: The City administers payment of Successor Agency enforceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Agency submits a Recognized Obligation Payment Schedule (ROPS) to the Bakersfield Oversight Board and the DOF every six (6) months for approval. All payments of the Successor Agency must be on this approved listing in order to be valid and authorized payments of the Successor Agency. A check register is provided which summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction. Check # 584556 to Kern Sprinkler for $89,740.00 is a payment for work performed in completion of the Sister City Garden Phase B project. Payment approved as ROPS line item # 29. Check # 584691 to the Kern County Auditor Controller for $365,506.09 is the second and final reimbursement to the County for overpayment of former tax increment revenues transmitted to the Bakersfield RDA prior to the State dissolution action. The County notified us in December 2011 that the RDA had received tax increment funds in error in the amount of $831,288.21 due to calculation errors made by the County going back to 2008 -09. The County recaptured $100,276.02 of this amount in December 2011, then allowed us to repay the balance due ($731,012.19) in two incremental annual payments rather than recapturing the entire amount in one fiscal year. The balance to be repaid was placed on the ROPS schedule (line item # 26) and scheduled to be repaid in December 2012 and 2013 in order to satisfy the requirements of the State dissolution law, the Department of Finance and the County. Check # 584963 to Aleshire & Wynder LLP for $418.46 is payment for legal services provided by outside counsel to the Successor Agency. This item is paid as part of the administrative budget for the Successor Agency; ROPS line item # 3. Check # EP 6056 to the Bakersfield Californian for $222.80 is payment for a legal advertisement related to a special meeting of the Oversight Board held on December 2, 2013. This item is paid as part of the administrative budget for the Successor Agency; ROPS line item # 5. n ks Sladminladmin reportsWdmin - Successor Agency payments Jan 22 2014.docx BA vot� s ADMINISTRATIVE REPORT ,.Y, LIF MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar Hearing ITEM: Q, a 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 Public Hearing to consider the West Beltway Planned Major Thoroughfare Area (Ward 4). 1. Resolution Adopting the West Beltway Planned Major Thoroughfare Area and making findings thereto. 2. Adoption of Ordinance amending Subsection F of Section 16.32.060 of the Bakersfield Municipal Code relating to Bridge Crossings and Major Thoroughfares (second reading). RECOMMENDATION: Staff recommends adoption of the resolution and ordinance. BACKGROUND: The first reading of the ordinance was given on January 8, 2014 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. This Resolution establishes the West Beltway Planned Major Thoroughfare. 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 of the planned facilities. m ps January 13, 2014, 12:24PM G:\GROUPDATWDMINRPT\2014 \01 -22 \West Beltway Adopt.doc � O�BAKE Ncoarort,re �S� U ADMINISTRATIVE REPORT gLIFO MEETING DATE: January 22, 2014 AGENDA SECTION: Consent Calendar Hearing ITEM: q 6 TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: January 8, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution approving the issuance of tax exempt multifamily housing revenue bonds by the California Municipal Finance Authority to benefit Mill Creek Courtyard CIC, L.P. (Chelsea Investment Corporation) for the acquisition and construction of a 62 -unit multifamily rental senior housing project located at 1303 S Street, Bakersfield, California known as Mill Creek Courtyard. (Ward 2) RECOMMENDATION: Staff recommends conduct hearing and adopt the resolution. BACKGROUND: The City has received a request from the California Municipal Finance Authority (CMFA) to conduct a public hearing as required by the Internal Revenue Code in order to issue tax exempt multifamily housing revenue bonds in an aggregate amount not to exceed $12,000,000 on behalf of Mill Creek Courtyard CIC, L.P. The proceeds of the bonds will be used to finance the acquisition, construction and development of a 62 - unit multifamily senior housing rental facility located 1303 S Street in Bakersfield, California. The facilities are to be owned by Mill Creek Courtyard CIC, L.P. (the "Borrower "), a California limited partnership. The bonds would be tax - exempt private activity bonds of the purposes of the Internal Revenue Code and as such, require the approval of the elected body of the governmental entity having jurisdiction over the area where the project to be financed is located. The City will not be under any obligation to repay the bond indebtedness. In order for the CMFA to issue such Bonds, the City must (1) conduct a public hearing allowing members of the public to comment on the proposed Project, and (2) approve the CMFA's issuance of Bonds on behalf of the proposed financing. Although the Authority (not the City) will be the issuer of the tax - exempt revenue bonds for the Project, the financing cannot proceed without the City approving the issuance of indebtedness. S: \Dana\ADMINS\2014WAN \1- 22 -TEFRA Courtyard.doc 1/8/2014 1:34 PM DS ADMINISTRATIVE REPORT Page 2 The CMFA is a California joint exercise of powers authority, organized and existing under the laws of the State of California (specifically, California Government Code Section 6500 and following). Under the California Government Code, cities and counties are authorized to form by agreement a governmental entity that combines the powers of such entities to perform certain governmental functions specifically outlined in the Agreements. With respect to the CMFA, over 100 municipalities, including the City of Bakersfield have entered into and executed the Agreement to become member of the CMFA. The City has been a member of CMFA since 2004. The bonds to be issued are for the Mill Creek Courtyard. The project developer is Chelsea Investment Corporation (CIC). CIC has developed multiple affordable housing projects across the state, including CityPlace Apartments located just north of Mill Creek Courtyard. The Mill Creek Courtyard will provide affordable housing to 62 families and its amenities include a community room, library, movie lounge, kitchen, central laundry, and a computer room. There is no direct or indirect financial impact to the City of Bakersfield as a result of this proposed financing. The Authority will issue tax - exempt revenue bonds on behalf of the Project. The tax - exempt revenue bonds are payable solely out of the revenues derived by the Borrower from the applicable Project. No financial obligations are placed on the City for project financing costs or debt repayment. S : \Dana\ADMINS\2014UAN \1- 22 -TEFRA Courtyard.doc 1/6/20143:23 PM DS A 0014 s1� ADMINISTRATIVE REPORT OIL L/F MEETING DATE: January 22, 2014 AGENDA SECTION: Hearings ITEM: 10. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director January 13, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY_ CITY MANAGER Resolution of the City Council Certifying the Final Environmental Impact Report and Approving the 24th Street Improvement Project (TRIP) (Wards 2 and 4). RECOMMENDATION: Staff recommends adoption of the resolution. It is proposed that the Council hear the staff presentation, the public hearing be opened and public testimony received, and the hearing then be continued with action taken at the February 12, 2014 City Council meeting. BACKGROUND: The City of Bakersfield is the project sponsor and, in conjunction with the California Department of Transportation (Caltrans), is proposing the 24th Street Improvement Project. This is one of the projects included as part of the Thomas Roads Improvement Program (TRIP). The City is the California Environmental Quality Act (CEQA) lead agency for the project, and Caltrans is the National Environmental Policy Act (NEPA) lead agency for the project. The project is located entirely within the corporate limits of the City of Bakersfield. Initially, nearly a dozen different project alternatives were considered but most were eliminated from further discussion and consideration by the Project Development Team (PDT) due to various reasons as described in the Final EIR. The PDT is a committee consisting of staff from the City and Caltrans as well as their consultants, who guide the preparation of the project studies, documents and plans. Two project build alternatives were further studied and considered in the Environmental Document along with a No -Build Alternative (as required by State and Federal law). The differences between the two build alternatives primarily affect the segment of 24th Street between Oak Street on the west, and C Street on the east. Both alternatives include widening of this segment to provide for the addition of two travel lanes (one additional in each direction) along with paved shoulders, sidewalks, and enhanced landscaping. The City, as the CEQA lead agency, was allowed by the provisions of CEQA to identify a preferred alternative prior to circulating the Draft Environmental Document (DED) for the project. Based on information from the technical studies prepared for the project, the City identified Alternative 1 -Widen to the North, as its recommended preferred alternative based on the ability of Alternative 1 to best meet the project objectives. It was also determined to be superior based on specific engineering and environmental considerations. Tdw: Admin - 240, Street EIR BA � O��,wewevep s� ADMINISTRATIVE REPORT LIF' After circulation of the DED, the PDT also identified Alternative 1 as its recommended preferred alternative for the final environmental document. This determination was based on the comments and concerns expressed during the public review period and the results of the engineering and environmental technical analysis. The preferred alternative was selected because it is superior in its engineering design considerations for achieving the project's purpose to address existing traffic congestion and future travel demand along 24th Street, as it results in fewer vehicular in /out points (eliminates 11 driveways along the north side of 24th Street) resulting in a more efficient movement of traffic through the project segment of 24th Street between Oak Street and C Street. The preferred alternative also has a smaller impact on the historic district south of 24th Street by minimizing the number of contributing properties affected within the district. The preferred alternative would widen 24th Street to the north in the roadway segment between Oak Street and C Street. The proposed roadway alignment would minimize the right - of -way acquisition on the south side of 24th Street required for the roadway widening. Other design features for the project include: • Improvements to the State Route (SR)- 99/SR- 178/SR -58 interchange, and a northbound SR- 99 auxiliary lane; • Median modifications to the 24th Street Bridge over the Kern River to allow for 4 lanes in both directions; • Widening of the 24th Street /Oak Street intersection to allow for 4 lanes in both directions for 24th Street and to allow for additional turn lanes for Oak Street; • Bus stop turnouts: One each for eastbound and westbound 24th Street near Oak Street, and one on 24th Street and one on 23rd Street both near F Street (24th Street east of E Street, and 23rd Street east of G Street); • Improvements to the reverse curve (S curve) for eastbound traffic between 24th Street and 23rd Street; • A two -way frontage road connecting Elm Street to Beech Street; • Closure of B Street at 23rd Street with the installation of a cul -de -sac; • Reconstruction and restriping of the 23rd Street /24th Street one -way couplet roadway segments from D Street to 0.2 mile east of M Street to allow for 4 lanes in both directions; • Closure of D Street on the north side of 23rd Street; • Enhanced landscaping in the median and the parkway along both the north and south sides of 24th Street from Oak Street to C Street, and also along the south side of 23rd Street between C Street and D Street; • Improvements to the Carrier Canal. A Notice of Preparation (NOP) was circulated to public agencies, special districts, and members of the public requesting such notice for a 30 -day period commencing on April 11, 2008, and concluding on May 12, 2008. During the circulation period for the NOP, the City of Bakersfield, as Lead Agency, advertised and conducted a public scoping meeting on April 30, 2008, at the Kern County Superintendent of Schools Office. Tdw: Admin - 241h Street EIR BA O��cpvo14 s1 ADMINISTRATIVE REPORT 10 A joint Draft Environmental Impact Report /Environmental Assessment (EIR /EA) was prepared in accordance with CEQA and NEPA requirements and was circulated for public review from May 23, 2012 to July 16, 2012, a total of 53 days. Caltrans held a public hearing regarding the draft EIR /EA on June 26, 2012, and the City of Bakersfield held a public hearing on July 5, 2012. The Final EIR /EA has been prepared based on receipt of comments from the public and reviewing agencies. The City of Bakersfield has undertaken additional studies to address comments as needed. The following project design changes planned between Olive Street and D Street were made as a direct result of input from local residents: • Provide enhanced landscaping in the median and parkway areas on both the north and south sides of the facility within Segments 2 and 3 from Oak Street on the west to C Street on the east, and along the south side of 23rd Street between C Street and D Street (see Appendix I of the Final EIR for Draft Concept Landscape Plan). • Eliminate B Street access from the eastbound couplet and install a cul -de -sac just south of 23rd Street while maintaining permanent driveway access to adjacent properties. • Along the northbound Oak Street approach, install a raised /striped median or a "pork chop" (island) for right turn movements onto eastbound 24th Street. • Eliminate two proposed bus turnouts on 24th Street between Cedar Street and A Street. • Eliminate westbound left turns on 24th Street at Beech Street, Spruce Street, and Cedar Street. • Remove eastbound left -turn movements at Spruce Street and Cedar Street, with retention of left -turn movement options at Beech Street and C Street. The EIR concluded that the environmental resource areas of growth, farmlands /timberlands, geology /soils /seismic /topography, hydrology and floodplain, and plant species had no impacts, although the project does include avoidance, minimization and /or mitigation measures for some of these environmental parameters, as noted in the Mitigation Monitoring and Reporting Program. In addition, the EIR concluded that proposed mitigation measures would reduce all identified impacts to less than significant levels, except for cultural resources, which is caused by the needed acquisition of residential properties along the north side of 24th Street. A summary of environmental impacts are discussed in Exhibit A -2, Statement of Facts, Findings, and Mitigation Measures. Individual comments from the public and agencies have been addressed and are presented in Volume 2 of the Final EIR. CEQA guidelines have been followed for the environmental effects of this project. Significant environmental effects have been identified, and compliance with local ordinances, state laws, construction to the standards of the Uniform Building Codes, and with adoption of the recommended mitigation measures, most environmental effects can be reduced to a less than significant level. Alternative 1 is consistent with the Metropolitan Bakersfield General Plan, the 2011 Regional Transportation Plan, and the California Federal Statewide Transportation Program. Tdw: Admin - 24th Street EIR A O� woR.ree S ADMINISTRATIVE REPORT 1 A notice of public hearing before the Planning Commission of the City of Bakersfield regarding consideration of the Final EIR was advertised in the Bakersfield Californian and El Popular newspapers and posted on the bulletin board at the Bakersfield City Planning Department and the Bakersfield City Clerk on January 3, 2014 for a public hearing on January 16, 2014. In addition, all property owners within 300 feet of the project site and those persons requesting notice were notified about the hearing in accordance with State law. The Planning Commission conducted the public hearing on January 16, 2014. Three individuals spoke in favor and two individuals spoke against the proposed project. In addition, four individuals did not specifically oppose the project, but expressed concerns, including the need for additional time to review the EIR, traffic and access issues, sound walls, a pedestrian crossing, and property valuations. Three individuals also made public statements, but did not specifically support or oppose the project. The Planning Commission voted unanimously to recommend certification of the EIR to the City Council. Additionally, the Commission is requesting that the City Council consider constructing sound walls with City funds within the project area where economically reasonable, based on current market rates, where the difference between the federal reasonable allowance and the construction costs is relatively low. Attached to this administrative report are the following documents: the proposed City Council Resolution with Exhibits Al through A5, and the Planning Commission Resolution and Staff Report, including correspondence received regarding the project. Following the January 8th City Council meeting, Councilmember Maxwell asked for a 15 -year history of accidents for 24th Street. Caltrans relinquished 24th Street to the City in July of 2012. Subsequent to the relinquishment, the Bakersfield Police Department and the California Highway Patrol (CHP) shared enforcement duties along the roadway for several months. To obtain all the requested collision reports, a formal request must be submitted to the Statewide Integrated Traffic Records System (SWITRS) which is the State system that compiles accident reports from local police departments and the CHP. It usually takes at least four weeks to receive data from a SWITRS request. Staff discussed this issue further with Councilmember Maxwell and, as the EIR contains the accident data from January, 2005 to December 31, 2007, Councilmember Maxwell concurred with requesting only the updated information from January 2008 to the present. This request has been submitted to SWITRS. In the interim, Police Department staff will review their records and compile the information they have on collision accidents that have occurred on 24th Street since 2012. That report will be provided to the Council when it is completed. If the Environmental Impact Report is approved by the City Council on February 12th, the contract to design the improvements will follow and property acquisition will begin. Tdw: Admin - 241h Street EIR MEETING DATE: January 22, 2014 AGENDA SECTION: Deferred Business ITEM: /Z TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: January 14, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Resolution No. 128 -12, Revising the Require men to uglify for a Cul -de -Sac on Beech, Myrtle, Spruce, Pine, Cedar, A, B and C Street of 24th Street (Ward 2) RECOMMENDATION: Staff recommends: 1. Approval of Amendment No. 2 to Resolution No. 128 -12, which will revise the Council's established policy requiring 100% approval from property owners on the south side of 24th Street, between 22nd and 24th Street. This Amendment reflects that if 75% of the property owners on any of the above mentioned streets sign the petition, the City Council may determine that a cul -de -sac will be constructed on those streets. Staff will review such requests and make a recommendation to the City Council concerning the street in question. Construction of cul -de -sacs will proceed as previously approved on those streets between 22nd and 24th Streets that have 100% approval from the property owners. Any other streets where the 100% approval is achieved, with the associated land dedication, would be approved without additional consideration. 2. Based on testimony given at the regular meeting of January 8, 2014, staff recommends approval for construction of a cul -de -sac on Spruce Street at this time. 3. Based on a staff review of a parallel request on A Street, approval is recommended on that street as well. Staff recommends separate votes be taken on Items 1, 2 and 3, above. AT:al S: \Admin Rpts \2014 \Cul -de -Sac Reso Amd 01.22.14 final.docx Page t BACKGROUND: On November 14, 2012, the City Council adopted Resolution No. 128 -12, which allows for the closure and construction of cul -de -sacs on Beech, Myrtle, Spruce, Pine, Cedar and A Streets, south of 24th Street, if: 1. All property owners between 24th and 22nd Streets on a street requesting a cul -de -sac agree to the closure by signing a petition; and 2. The owners of the properties adjacent to 24th Street on each street requesting a cul -de- sac agree to donate sufficient property to construct the cul -de -sac to City standards. To clarify the timing of when a cul -de -sac on a street meeting these requirements could be built, the City Council, at its January 8, 2014 meeting, amended Resolution No. 128 -12 [Resolution No. 128- 12(1)] to allow a cul -de -sac to be constructed at a time agreed upon by the City's Public Works Director and the property owners between 22nd and 24th Streets on the street requesting the cul -de -sac. At that meeting, several members of the City Council asked staff to propose an alternate to the current policy that requires 100% of the property owners on those streets, between 22nd and 24th Streets, to approve the construction of the cul -de -sacs on their streets. Justification for a change in the current policy originated from the testimony of multiple area residents at the January 8, 2014 Council meeting, as well as the aforementioned Councilmember requests. After review, staff recommends that if 75% of the property owners on any of the streets noted above sign a petition to have a cul -de -sac built on their street, staff will review the circumstances and make a recommendation to the City Council whether to approve or deny the request for construction of a cul -de -sac on that street. Seventy five percent 75% is more than a super majority, which is a two- thirds (2/3) approval rate, and staff believes it is a threshold that is appropriate in this case. Amendment No. 2 to Resolution No. 128 -12 allows for the approval of the construction of a cul- de -sac on Spruce Street at this time. Staff has also received a request from the property owners on A Street, and recommends approval of the construction of a cul -de -sac on that street as well. Based on current information on file, staff believes that over 75% of the 19 property owners on A Street approve of the construction of a cul -de -sac. The construction of a cul -de -sac on any other street that has an approval by property owners of 75% or more would appear on a future Council agenda for consideration. Correspondence was received from the public and is attached. AT:aI S: \Admin Rpts \2014 \Cul -de -Sac Reso Amd 01.22.14 final.docx Page 2 R4 ADMINISTRATIVE REPORT MEETING DATE: January 22, 2014 AGENDA SECTION: Reports ITEM: 12..*.* TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: January 13, 2014 APPROVED DEPARTMENT HEAD-_ 49A_ CITY ATTORNEY CITY MANAGER LS SUBJECT: Responses to Referrals from Councilmember Maxwell (TRIP) (Wards 2 and 4). RECOMMENDATION: Staff recommends the report be received and filed. BACKGROUND: At the January 8, 2014 City Council Meeting, Councilmember Maxwell requested responses to three items related to the 24th Street Improvement Project: a. What is the process for the listing of properties on national and local historic registers. For the national register, a property or district must meet one or more criteria: was the property associated with (a) significant events, (b) lives of significant persons, (c) distinctive architecture or engineering, or (d) ability to yield important archaeological data. A property /district must also retain its integrity; alterations from the original appearance must be minimal. When a project is proposed that prompts historic research of a property or district and it is found to be potentially eligible for the National Register, it is not actually placed on the Register. The property or district must submit a fairly extensive application package to the State Office of Historic Preservation (OHP) that includes photographs, maps, etc. If approved by the OHP, the package is forwarded to the State Historic Resources Commission (SHRC). If the SHRC accepts the package, it is then sent to the State Historic Preservation Officer (SHPO) who forwards the nomination to the Keeper of the National Register (i.e., the National Park Service) in Washington, D.C. for their final determination. For the 24th Street project only, the residential areas north and south of 24th Street were determined by the consultants and various reviewing agencies involved with the project, in their opinions, to be potentially eligible for the National Register. Therefore, the environmental work completed for the 24th Street project treated those areas as if they were in the National Register. However, no further applications, submissions, or other work has been pursued or contemplated by staff and no approvals have been granted regarding this designation. For the local register, an application, which is available on the City's web site, must be submitted by the property owner(s), the City Council, or the City Historic Preservation Commission to the City's Development Services Department. Upon approval by staff, it is forwarded to the City's Historic Preservation Commission for a hearing and approval. Similar Tdw: C:\ Users \lskinner \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \3BNADPRM \Admin - Maxwell Referrals - 01 1614.docx A 0� 4 �S U t7 u� LI 0 ADMINISTRATIVE REPORT criteria, as listed above for the National Register, are used to evaluate a submission for the local register. The City Council may amend or rescind any designations by the Commission. b. Can staff do a study on establishing a series of one -way streets in the downtown area. The effort to completely study this issue and determine associated costs and recommendations would require contracting with a traffic engineering firm and preparation of a report and resulting recommendations. Extensive changes to the City street system would be required for these one -way streets such as pavement markings, major traffic signal modifications at all affected intersections, and street signage changes along these streets which, in combination, would involve significant costs. In addition, it is likely that many of the businesses and property owners fronting on the proposed one way streets would not support it. Therefore, staff recommends that no further consideration be pursued regarding this item. C. What are the traffic counts for 24th Street, Oak Street, Truxtun Avenue and the Westpark freeway. The table below provides the 2008 and recently completed 2013 traffic count volumes for roads in the area. No recent counts were taken for Oak Street, but a count volume for the recently completed Westside Parkway freeway is included. With the opening of the Westside Parkway and its connection to Truxtun Avenue, more traffic has transferred to other nearby major east /west streets to access the new freeway which has resulted in small reductions to both Rosedale Highway and 24th Street traffic volumes. However, it is important to note that 24th Street is still one of the busiest arterial streets in the metropolitan area and currently has only 4 lanes, while most arterial streets have 6 lanes. In addition, when the upcoming improvements to Rosedale Highway are completed, increased traffic volumes on both Rosedale Highway and on 24th Street would be expected. Comparative Traffic Volumes Location 2008 2013 Change Rosedale Hwy between Fruitvale & Mohawk 49,500 47,900 -3% 24th St between SR 99 & Oak St 52,000 48,860 -6% 24th St between Oak St & B St 57,200 52,900 -8% Truxtun Ave between SR 99 & Oak St 26,919 40,500 50% California Ave between Chester Ave & Oak St 13,767 22,660 65% SR 58 between SR 99 & H St 68,000 87,310 28% Westside Pkwy between Coffee & Mohawk N/A 1 36,560 N/A Tdw: C:\ Users \lskinner \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.0utlook \3BNADPRM \Admin - Maxwell Referrals - 01 1614.docx MEETING DATE: January 22, 2014 AGENDA SECTION: Reports ITEM: 12. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: January 14, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Mid -Year Budget Update and Adjustments: /V/ 1. Transfers ($992,639) and Appropriations ($2,133,804) as Listed in Exhibit "A" (Various Wards). 2. Agreement with the International Association of Chiefs of Police (not to exceed $99,875) to conduct a Strategic Operational Analysis of the Bakersfield Police Department (All Wards). 3. Transfer and Appropriation of $99,875 from General Fund Balance to the Non - Departmental Budget within the General Fund for the Police Department Strategic Operational Analysis (All Wards). RECOMMENDATION: Staff recommends approval of the budget transfers, appropriation of funds and agreement. BACKGROUND: Finance Director Nelson Smith and Assistant to the City Manager Chris Huot will provide the City Council with a mid -year budget presentation. In conjunction with the update, staff is recommending the enclosed budget actions. 1. Transfers and Appropriations as Listed in Exhibit "A" Facility Replacement Reserve Fund (All Wards): Over the past three fiscal years, the Facility Replacement Reserve Fund has been used to fund urgent repairs at City facilities, such as the as the emergency repair of the Rabobank Arena Ice Chillers, the Community Development Building roof repairs and the interior refurbishments to the Martin Luther King Jr. Community Center. As such, the balance of the reserve has fallen below the historical minimum recommended level of $5,000,000. This action will transfer $977,639 in one -time General Fund balance to the Facility Replacement Reserve Fund to bring the fund back to $5,000,000. ADMINISTRATIVE REPORT Page 2 Installation of sidewalks on the east side of Stine Road approximately 300' north and south of Margalo Avenue (Ward 7): The residential neighborhood adjacent to the east side of Stine Road (Tract 3270) developed in the County in the 1970's and later annexed to the City of Bakersfield in 1985. At the time of development, sidewalks were not installed as part of the improvements associated with the tract. Currently, there are no sidewalks for approximately 300' north and south of Margalo Avenue along the east side of Stine Road. At the request of Councilmember Johnson, this project would construct standard 6 foot wide sidewalks to connect into the existing sidewalk and curb ramp along the east side of Stine Road. Additionally, this project would construct two maintenance drive approaches on the north and south side of the Farmers Canal where it meets the east side of Stine Road. No additional right -of -way is needed for this project. The estimated cost for this project is $15,000. There is savings in a current year capital improvement project to transfer and appropriate to the sidewalk project, thus no General Fund balance would be used. Rehabilitation of Fire Station 8 (Ward 3): Located at University Ave and Mt. Vernon Ave, Fire Station 8 is a 4,100 square foot facility built in 1949. The systems associated with the facility are original and significant upgrades are necessary to bring the facility up to an acceptable standard. The rehabilitation will address electrical, plumbing, roofing, heating and air conditioning issues. As these renovations are so extensive, it will require a temporary relocation of staff and the equipment. The renovations are expected to take nine months to complete. Although the estimate for this project is significant, it is considerably less than constructing a new station, estimated at $3.5 to $4.5 million. In June 2013, the City Council adopted a resolution authorizing staff to move forward with the design /build process for this project. In September 2013, the Council approved an on- call engineering contract with Cornerstone Engineering to assist staff in developing bid specification documents for the project. At this time, staff anticipates recommending award of a design /build contract for this project in April 2014. This action would appropriate $1,750,000 for the project in anticipation of the contract being awarded. City of Bakersfield Animal Care Center (All Wards): The FY 2013 -14 budget was prepared with the assumption that the City would continue contracting with the County of Kern for animal sheltering services, while plans for a new joint facility were developed. In addition, $500,000 in capital improvement project funds were budgeted to facilitate the continuation of improvements to the existing Mt. Vernon facility, initiated by the City in the previous fiscal year. The assumption above did not come to fruition, and the City took over operation of the Mt. Vernon shelter on October 1, 2013. In order to facilitate the operations of the newly established City of Bakersfield Animal Care Center (CBACC), the City partnered with the Bakersfield SPCA and the Bakersfield Homeless Center and the City Council approved contracts with each agency to provide services related to the daily management and staffing of CBACC. In addition, the gradual facility upgrades originally planned needed to be expanded and expedited in order to bring the facility up to a standard that would allow for the appropriate care and housing of animals taken into the facility. ADMINISTRATIVE REPORT Page 3 The renovations to the facility were primarily initiated on October 1, 2013 on an emergency basis utilizing CIP funds already budgeted for shelter improvements in the FY 2013 -14 budget. It was anticipated at that time that additional funds would be needed due to the extent of the work that was required. Likewise, operational increases related to CBACC were initially absorbed utilizing existing operating budget resources contained in the Police Department's Animal Control budget, with the anticipation of a mid -year budget adjustment based on initial operational experience. At the time the contracts with the SPCA and the Bakersfield Homeless Center were approved, staff advised Council that a mid -year budget adjustment would be necessary to provide funding for the operating and capital improvement components related to renovating and operating CBACC for the remainder of the fiscal year. Below are the mid -year budget adjustments recommended by staff. O eratinq Adjustments: Appropriate $106,866 to the Police Department Operating Budget ($70,000 from new unbudgeted revenue associated with operating CBACC and $36,866 from General Fund balance). These funds will be used to cover the increased operating costs associated with the operation of CBACC for the reminder of the fiscal year. These include costs associated with items such as utilities, disposal services, and the contracts with the SPCA and Bakersfield Homeless Center. Capital Adjustments: Appropriate and transfer $276,938 from the General Fund to the Public Works Department Capital Improvement Budget within the Capital Outlay Fund ($97,938 from one -time licensing related revenue and $179,000 from General Fund balance). These funds will be used to complete renovations to CBACC such as the completion of a new administrative building, reconfiguration of the parking lot and associated landscaping and purchase of kennel fencing to replace kennels removed by the County of Kern. At the onset of the effort to renovate and take over the operations of CBACC, staff estimated a net need of roughly $250,000 in increased funding to augment existing operating and capital budgets. The net cost increases included in these two appropriations, when offset by the identified new revenues, is $215,866. It should be noted that when coupled with a previous $32,000 appropriation by the City Council, related to Animal Control staffing adjustments, the total net increase in appropriations related to CBACC to date is $247,866. 2. Agreement with the International Association of Chiefs of Police to conduct a Strategic Operational Analysis of the Bakersfield Police Department During the most recent budget preparation process, Vice Mayor Weir requested staff formulate a multi -year strategic planning document for the Police Department with a focus on improving response times. The referral, in part, relates to the annual budget requests made for police staffing and related priorities. After evaluating various options, which included internal and external alternatives, the Police Chief and the City Manager's Office are recommending The International ADMINISTRATIVE REPORT Page 4 Association of Chiefs of Police (IACP) be used to assist in formulating a plan. The IACP is a highly respected law enforcement support organization, with extensive experience in formulating strategic plans for law enforcement agencies across the country. The IACP has a dedicated management studies team, which would conduct a comprehensive review of BPD operations and provides ongoing feedback and recommendations for improving procedures and services, such as response times. The IACP has conducted similar management studies for other law enforcement agencies, including the City of Pittsburgh Police Department, City of Anchorage Police Department, City of Peabody, MA Police Department and the Washington D.C. Metropolitan Transit Authority - Transit Police. The study will evaluate the core functions, programs, practices, and conditions of the department, including, but not limited to: the department's mission, goals, objectives, policing style, crime trends, crime workload, organizational structure, patrol operations, traffic operations, investigations operations, crime prevention activities, crime analysis, department standards, support services, human resources, career development, information management and communications. Additionally, the IACP will evaluate historical statistical data across multiple categories, such as calls for service, reported crimes, arrests and other workload data. The evaluation will include six phases which culminate in a final report and assistance with implementation of any recommendations. The report will ultimately assist in identifying actions the BPD can implement to achieve objectives more effectively, maximize productivity, and meet future requirements in a logical and orderly manner. The study is anticipated to take approximately four to six months to complete, under an agreement with a not -to- exceed amount of $99,875. Staff is recommending approval of the agreement. 3. Transfer and Appropriation of $99,875 from General Fund Balance to the Non - Departmental Budget within the General Fund for the Police Department Strategic Operational Analysis Staff recommends the above transfer and appropriation for the Police Department Strategic Operational Analysis. Enclosure: Exhibit "A" Mid -Year Budget Transfers and Appropriations BAKERSFIELD CITY COUNCIL MINUTES MEETING 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. ACTION TAKEN 1. ROIL CALL Present: Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan (seated at 3 :40 p.m.), Johnson (seated at 3:40 p.m.) Absent: Mayor Hall 2. PUBLIC STATEMENTS Marvin Dean spoke regarding a High Speed Rail Forum to be held on January 10, 2014, at the Beale Library, from 1:00 - 4:00 p.m., invited everyone to attend, and submitted written material; and also mentioned the California Regional Transportation Summit on March 26, 27, and 28. 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. Motion by Councllmember Hanson to adjourn to APPROVED Closed Session at 3 :37 p.m. AB HALL, SULLIVAN, JOHNSON Motion by Councilmember Maxwell to adjourn from APPROVED Closed Session at 5:02 p.m. AB HALL Bakersfield, California, January 8, 2014 - Page 2 4. CLOSED SESSION ACTION b. 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. 5. ADJOURNMENT Vice -Mayor Weir adjourned the meeting at 5:18 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield REGULAR MEETING -5:18 p.m. 1. 2. 3. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan, Johnson Absent: None INVOCATION by Pastor Tour6 Tyler, The Cross Christian Church. PLEDGE OF ALLEGIANCE by Brindee Strunk, 5th grade student at Eissler Elementary School. Mayor Hall acknowledged Boy Scout Troop 188 in attendance at the meeting to learn about City government. ACTION TAKEN CITY ATTORNEY WAS GIVEN DIRECTION CITY ATTORNEY WAS GIVEN DIRECTION Bakersfield, California, January 8, 2014 — Page 3 4. PRESENTATIONS ACTION TAKEN 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. Mr. Navarro accepted the Certificate and made comments. 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. Messrs. Russo accepted the plaques and made comments. 5. PUBLIC STATEMENTS a. Jeff Howard, Chairman of the Downtown Business Association, spoke regarding a no panhandling ordinance, asked that the City of Bakersfield adopt a no panhandling policy that does not abridge the First Amendment and to make it unlawful to solicit on private property within 25 feet of an entrance or exit of a public restroom or business, within 25 feet of an ATM machine or pay phone, and 25 feet from a transit stop; and he asked that the matter be referred to a committee. Councilmember Maxwell requested that this matter be placed on the agenda for the next Legislative and Litigation Committee meeting, and he invited Mr. Haward and anybody who is concerned about this issue to attend. b. Robert Braley spoke regarding the TRIP projects, stating that since the Centennial Corridor Project is such a huge expense, it should be separated in its entirety from the rest of the TRIP projects and placed before the voters for their approval; and he submitted written material. Mayor Hall announced that the balance of the speakers will be heard under Deferred Business Item 12.a. (see page 12) Bakersfield, California, January 8, 2014 — Page 4 6. WORKSHOPS ACTION TAKEN None. 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 City Clerk Gafford announced that applications were received from Michael Strong and Ronald Wolfe. Ballots were used, and City Clerk Gafford announced that the results of the ballots were seven votes for Mr. Strong and zero votes for Mr. Wolfe. Motion by Vice -Mayor Weir to appoint Michael APPROVED Strong to the Police Civil Service Board, term to expire on December 31, 2016. Mayor Hall acknowledged William Perry's 19 years of service on the Police Civil Service Board. 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. City Clerk Gafford announced that an application was received from the incumbent. Motion by Vice -Mayor Weir to reappoint Dana APPROVED Martin to the North of the River Recreation and Park District, term to expire on December 31, 2017. 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. 8. Bakersfield, California, January 8, 2014 — Page 5 CONSENT CALENDAR continued 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. d. Sewer connection fee assessment for 4925 Centaur Street: e 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. 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 Nelida Esqueda, to pay sewer connection fee in installments through the Kern County Tax Collector. ACTION TAKEN RES 001 -14 RES 002 -14 AGR 14 -001 RES 003 -14 AGR 14 -002 8. Bakersfield, California, January 8, 2014 — Page 6 CONSENT CALENDAR continued ACTION TAKEN f. Emergency repairs for Ice Chiller at Rabobank Arena: Resolution dispensing with normal RES 004 -14 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. g. Emergency Sewer Repair on 1 It Street from Chester Avenue to N Street: 1. Resolution dispensing with normal RES 005 -14 bidding procedures due to the need for emergency sewer repair on l It 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. 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). RES 006 -14 2. Area 3 -90 (Tract 6410 located at the RES 007 -14 northwest corner of Taft Highway and Akers Road). [1! Bakersfield, California, January 8, 2014 - Page 7 CONSENT CALENDAR continued ACTION TAKEN 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 RES 008 -14 Lane and Ashe Road). 2. Area TS -24 (southwest corner of Olive RES 009 -14 Drive and Calloway Drive). West Beltway Planned Major Thoroughfare Area: Resolution of Intention No. 1770 ROI 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 FR of Section 16.32.060 of the Municipal Code relating to Bridge Crossings and Major Thoroughfares. k. Resolution of Intention No. 1772 adding territory, ROI 1772 Area 4-118 (18200 Highway 178), to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting Public Works Director's Report. Agreements: Agreement with Acclamation Insurance AGR 14 -003 Management Services (AIMS) ($378,319 - 1 S, year; $389,669 - 2nd year; $389,669 - optional 3rd year) for workers' compensation management services. M. Agreement with Lennar Fresno, Inc. ($85,000), AGR 14 -004 to purchase real property located on the DEED 7756 southeast corner of Ashe Road and Thorton Avenue, for a domestic water well site. n. Agreement with Peterson Family Trust ($40,000) REMOVED FOR to purchase real property located at SEPARATE CONSIDERATION 4301 Rosedale Highway for the Rosedale Highway Widening Project. (TRIP) Bakersfield, California, January 8, 2014 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN 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) 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) 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. 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. 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. 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) 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 order funded with Roads Program Utility /Surcharge Fund and Traffic Development Fees), for construction of the Westside Parkway Phase 6B Project. (TRIP) 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 Wible Road - Berkshire Road to Panama Lane. REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION AGR 14 -008 AGR 14 -009 AGR 14 -010 AGR 11- 022(1) AGR 07 -304 CCO107, CCO108, CCOI09 AGR 11 -144 CCO27 AGR 13 -068 CCO1 Bakersfield, California, January 8, 2014 — Page 9 8. CONSENT CALENDAR continued ACTION TAKEN 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. X. Accept bid and approve contract with Clark AGR 14 -011 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. 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. City Clerk Gafford announced that a memorandum was received from staff providing changes to the exhibits regarding Item 8.j.1. 8. 9. Bakersfield, California, January 8, 2014 - Page 10 CONSENT CALENDAR continued ACTION TAKEN Councilmember Maxwell requested that items 8.n., 8.o., and 8.p. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8.dd., with the removal of items 8.n., 8.o., and 8.p. for separate consideration. n. Agreement with Peterson Family Trust ($40,000) AGR 14 -005 to purchase real property located at DEED 7757 4301 Rosedale Highway for the Rosedale DEED 7758 Highway Widening Project. (TRIP) Property Manager Anderson responded to questions from Councilmember Maxwell regarding Items 8.n., 8.o., and 8.p. Motion by Councilmember Maxwell to adopt APPROVED Consent Calendar Item 8.n. o. Agreement with Pioneer Farm Equipment AGR 14 -006 Company ($47,600) to purchase real property DEED 7711 located at 4400 Rosedale Highway for the DEED 7712 Rosedale Highway Widening Project. (TRIP) Motion by Councilmember Maxwell to adopt APPROVED Consent Calendar Item 8.o. P. Agreement with Barnes Family Revocable Trust AGR 14 -007 ($44,300) to purchase real property located at DEED 7759 5150 Rosedale Highway for the Rosedale DEED 7760 Highway Widening Project. (TRIP) Motion by Councilmember Maxwell to adopt APPROVED Consent Calendar Item 8.p. CONSENT CALENDAR PUBLIC HEARINGS a. Resolution determining that certain Capital RES 0 10- 14 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.) Bakersfield, California, January 8, 2014 - Page 11 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN b. Public Hearing to consider the Resolution RES 0 11- 14 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.) Consent Calendar Public Hearings opened at 5:50 p.m. No one spoke. Consent Calendar Public Hearings closed at 5:51 p.m. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Public Hearings items 9.a. and 9.b. 10. HEARINGS None. 11. REPORTS 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. City Clerk Gafford announced that a memorandum was received from staff amending the Administrative Report. Public Works Director Rojas made staff comments; Assistant Public Works Director Fidler made additional staff comments, provided a PowerPoint presentation, and recommended submitting an application and preliminary plans to the Bureau of Reclamation for consideration of a proposed multi -use path along the Friant -Kern Canal. Motion by Councilmember Smith to approve staff's APPROVED recommendation. Councilmember Johnson advised he would like to revisit the Issue of the South H Canal that is part of the Council Goals and Objectives document, and he would like to move forward with that throughout the year. Bakersfield, California, January 8, 2014 — Page 12 12. DEFERRED BUSINESS ACTION TAKEN a. Report regarding the Cul -de -Sac Project, south of 241h Street. Amendment No. 1 to Resolution No. 128 -12 RES 128 -12(1) specifying when construction of qualifying cul -de -sacs on Beech, Myrtle, Spruce, Pine, Cedar, A, B, and C streets south of 24th Street may occur. Staff recommends the City Council receive and file the report. At the request of Councilmember Maxwell, a proposed Amendment to Resolution 128 -12 is also presented for City Council consideration. City Clerk Gafford announced that correspondence was received from Lila Ray in support of the Cul -de -Sac Project. Public Works Director Rojas made staff comments and provided a PowerPoint presentation. City Manager Tandy made additional staff comments, recommended the City Council receive and file the report, and recommended clarifying the timeframe by allowing the residents to do what they want when they want. The following individuals spoke in support of the Cul -de -Sac Project: Dominique Minaberrigarai, and asked that the 100 percent requirement be amended; Ron Fraze, and urged that they be built now for the safety of the children in the neighborhood; Wayne Kress, requested that they be built sooner rather than later, and expressed his support of Mr. Minaberrigarai's request to revisit the 100 percent standard required by the homeowners; Bart Hill, and urged moving forward with building the cul -de -sacs now rather than delaying; Cindy Meek, and supports revising the 100 percent standard; John Giumarra, urged the Council to consider the safety of the children in the neighborhood; Jeff Lemucchi, requested it be done before the 24th Street widening, and also requested the requirement be changed from unanimous to majority; and Cheryl Miller, and asked the Council to reconsider the 100 percent commitment to get a cul -de -sac. Bakersfield, California, January 8, 2014 — Page 13 12. DEFERRED BUSINESS continued Item 12.a. continued Councilmember Maxwell explained that he had proposed the resolution to provide that if the cul -de -sacs go in before the 24th Street widening occurs, that the homeowners should bear the expense of the cul -de -sacs. Councilmember Hanson asked staff to bring back to the next meeting for discussion and vote the issue on Spruce Street. Councilmember Smith made a motion to receive and file the report. Councilmember Sullivan advised she would support the cul -de -sacs and encouraged staff to come up with a way to include Spruce Street, as it would be hugely detrimental to not honor the original plan. ACTION TAKEN Vice -Mayor Weir offered a friendly amendment to clarify the policy to allow the cul -de -sac projects to proceed on those streets where the residents meet the established criteria at a time agreed upon by the residents and the Public Works Director. APPROVED Motion by Councilmember Smith, with a friendly amendment by Vice -Mayor Weir, to receive and file the report, and to clarify the policy to allow the cul -de -sac projects to proceed on those streets where the residents meet the established criteria at a time agreed upon by the residents and the Public Works Director. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Maxwell requested that staff make a presentation on historical designation, at the next City Council meeting, and provide clarification on how a neighborhood or a house would go about being listed In the National Register. Bakersfield, California, January 8, 2014 - Page 14 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell requested that staff make a presentation regarding the traffic counts for 24th Street, Westpark Freeway, Truxtun Avenue, and Oak Street. Councilmember Maxwell advised that he would like to hear some Ideas regarding what can be done to solve the problem on Westwind and Truxtun Extension created by the increased traffic traveling to and from the Westside Parkway. Councilmember Maxwell requested that staff make a presentation at the next City Council regarding changing the downtown streets into a series of one - way streets to improve the traffic flow downtown. Councilmember Maxwell requested that staff look into the LED lighting on 21 :t Street and the feasibility of doing something similar to what has been done on Q Street or even something unique similar to what has been done In the Gaslight District of San Diego. Councilmember Maxwell requested that staff make a presentation regarding the scope and cost of taking Parker Road, because Asbury Transportation Company has offered to donate land on Parker Road in order to make a safe connection that would come off of Mohawk instead of Rosedale. Councilmember Maxwell recommended honoring the Bakersfield High School football team at the next City Council meeting in recognition of their winning the State championship, and when Mayor Hall advised he was participating in a public celebration on January 21 st, Councilmember Maxwell withdrew his recommendation. Councilmember Maxwell requested that the EIR for the widening of 24th Street be placed on the agenda for February 121h Instead of January 22 ^d. Bakersfield, California, January 8, 2014 - Page 15 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Johnson expressed his appreciation to the Parks Department for upgrading the playground equipment by adding handicap usable apparatus at Saunders and Beale parks, and he is looking forward to the same upgrades in about four months at the Challenger and Wilderness parks. Councilmember Johnson requested that a draft resolution asking the Governor to declare a state of emergency be referred to the Water Board at Its meeting next week and potentially bringing it back to the next City Council meeting on January 22nd, Councilmember Johnson requested a resolution in support of potential legislation by Assembly Member Salas regarding internet cafes be prepared for the next City Council agenda. Councilmember Sullivan expressed her appreciation to the Councilmembers on their ability to work together respectfully, and she advised she is proud to be a part of this Council. Councilmember Sullivan commented about the much - improved cleanliness on the freeway; mentioned that the plastic bag issue may need to be revisited in the future; noted that she is looking forward to the event honoring the Bakersfield High School football team; congratulated the Bakersfield Christian High School football team for making it to the Finals; expressed her appreciation to staff for the work they do with the City Council; and wished everyone a Happy New Year. Mayor Hall advised that he would keep the City Council apprised of the details of the public celebration on January 21St at Bakersfield High School for the football team; he is trying to make contact with the coach at Bakersfield Christian High School to provide some recognition for their football team; and he will contact the coach at Bakersfield High School about having the team honored at the next City Council meeting on January 22nd, Bakersfield, California, January 8, 2014 - Page 16 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall provided the following update on the accomplishments of the Litter Pickup Program: in 2013, 256 tons of litter were picked up by the various programs, including three crews from the Bakersfield Homeless Center, which is made possible by seven sponsorships that provide jobs to the people from the Homeless Center; the Mayor's Freeway Pickup Program continues twice a month, and at the last cleanup, there were 40 new volunteers; good results by the Kern County Sheriff's Department work crew, and the Kern County Sheriff's Department has issued 25 citations for uncovered loads; the City Solid Waste Department is working on pursuing additional funding through AB109 for the various cleanup projects; the Keep Bakersfield Beautiful website has been updated and clearly identifies the outstanding work that's being done with the freeway litter pickup programs; and soon work is to begin with Children First for additional litter pickup programs in and around the schools. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 7:42 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield