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Home My WebLink About02/12/14 _ CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETINGS OF FEBRUARY 12, 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 - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(1) for the following: 1. City v. County of Kern, et al., Fresno County Superior Court Case No. 13CECGO2817 2. City v. Kern County, et al„ Kings County Superior Court Case No, 13 C 0180 b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(4) (one potential case). 4. CLOSED SESSION ACTION 5. ADJOURNMENT REGULAR MEETING - 5:15 P.M. 1. ROLL CALL 2. INVOCATION by Pastor Tony Duckworth, Disciples of Christ. 3. PLEDGE OF ALLEGIANCE by Ethan Moyes, 2 ^a grade student at Del Rio Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Certificate of Recognition honoring Monsignor Craig Harrison for the selection of his home as a Premier Yard of 2013 In our City. b. Presentation by Mayor Hall of a Certificate of Congratulations to Vice -Mayor acknowledging two recent awards from the Amateur Association, and USA Softball, honoring the City's Mesa Morin Softball Facility, 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 22, 2014, Regular City Council Meetings. Payments: b. Receive and file department payments from January 10, 2014, to January 30, 2014, in the amount of $16,459,285.98, and self- Insurance payments from January 10, 2014, to January 30, 2014, in the amount of $350,291,77, totaling $16,809,577,75, Ordinances: (Ward 5) C. First Reading of Ordinance amending Municipal Code Section 1, 12,050 by adding Annexation No, 517 located generally south of Panama Lane between Progress Road and Old River Road, Resolutions: d, 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, e. Resolution in support of H,R,15 regarding Border Security, Economic Opportunity and Immigration Modernization Act, (Ward 7) f. Sewer connection fee assessment for 2501 Carlita Court: 1, Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector, 2. Agreement with Colleen Rice, to pay sewer connection fee In installments through the Kern County Tax Collector, (Ward 3) g. Resolution adding territory, Area 4 -118 (18200 Highway 178) to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (ward 4) h. Resolution of Intention No. 1773 adding territory, Area 1 -97 (5001 Commerce Drive), to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting Public Works Director's Report. (ward 1) i. Emergency Sewer Repair on 1 11 Street from Chester Avenue to N Street: 1, Amendment No, 1 to Resolution No, 005 -14 dispensing with normal bidding procedures due to the need for emergency sewer repair on 1 st Street from Chester Avenue to N Street, and authorizing Griffith Company and Rain for Rent to perform necessary repairs, increasing the not to exceed amount from $700,000 to $1,000,000, 2. Appropriate $300,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Capital Improvement Budget, City Council Meeting of 02/12/2014 8. CONSENT CALENDAR continued Agreements: (Ward 6) J. Final Map and Improvement Agreement with Lennar Fresno, Inc,, for Tract 6757, Unit 2, located south of McKee Road and west of Mountain Ridge Drive, (Ward 4) k, Final Map and Improvement Agreement with Froehlich, Inc., for Tract 6796, Unit 1, located east of Jenkins Road and north of Brimhall Road, (Ward 4) I. Improvement Agreement with Amber Investments, LLC, for Parcel Map 11192 located north of Stockdale Highway and east of Allen Road, (Ward 6) M. Transportation Impact Fee Credit Agreement with Meritage Homes of California, Inc. (not to exceed $82,806,11), for construction of improvements on Stine Road along the frontage of Tentative Tract Map 6557, n, Agreement with Kutak Rock, LLP ($225,000), for Special Bond Counsel services associated with financial planning for the Thomas Roads Improvement Program projects, (TRIP) (Ward 3) o. Agreement with Clifford & Brown (not to exceed $50,000) to provide outside legal services in matters related to recovery of bond proceeds under performance bond number 5027282 or other bonds related to Tract 6642. P. Amendment No, 1 to Agreement No, 11 -061 with Hanna, Brophy, MacLean, McAleer & Jensen ($56,000; revised not to exceed $506,000) to provide Worker's Compensation legal services. q, Amendment No, 2 to Agreement No, 12 -042 with Stinson's Stationers, Inc, ($300,000; revised not to exceed $860,000 and extending term one year), for office supplies, r, Amendment No,1 to Agreement No, 13 -025 with San Joaquin Fence & Supply (extending the term to December 31, 2014) for the continued supply of installed fencing, S. Amendment No, 1 to Agreement No, 13 -036 with Precision Fertilizer Spreading ($125,000; revised not to exceed $249,250 and extending term to December 31, 2014) for the continued supply of hauling and spreading bio- solids. (Ward 4) t, Contract Change Order No, 4 to Agreement No. 12 -165 with Security Paving Company, Inc, ($334,439,55; revised not to exceed $29,379,354,77; change order funded with Traffic Development Funds) for construction of the Westside Parkway Phase 6C Project, (TRIP) Bids: (Ward 1,2) U. Accept bid and approve contract with Safety Striping Services, Inc, ($42,307.74), for Bike Lane Improvements - Alta Vista Drive, Haley Street, 30th Street and 4m Street, V. Accept bid and approve contract with Boething Treeland Farms, Inc. (not to exceed $100,000), for the annual contract for the supply of plants and shrubs. Miscellaneous: W. Acceptance of 2012 -13 Transportation Development Act Funds Financial Statements, City Council Meeting of 02/12/2014 8. CONSENT CALENDAR continued X. Acceptance of Audit Reports for Fiscal Year ended June 30, 2013 (Budget & Finance Committee): 1, Comprehensive Annual Financial Report (CAFR). 2. Agreed Upon Conditions Report, 3. Single Audit Report - Schedule for Federal Expenditures for the City, 4, Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subreglonai Wastewater Management Plan. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City. 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center and Bright House Networks Amphitheater, Successor Agency Business: Y. Receive and file successor agency payments from January 10, 2014, to January 30, 2014, in the amount of $477,787,71, Staff recommends adoption of Consent Calendar Items 8a. through 8. y. 9. CONSENT CALENDAR PUBLIC HEARINGS (Ward 3) a, Public Hearing to consider the Resolution ordering the vacation of portions of the public utility easements as created with Tract 6444, Phase 2, within Lot 132 (located in The Seasons Development, bordered by Paladino Drive to the north and Panorama Drive to the south), (Staff recommends adoption of the Resolution) (Ward 4) b. Zone Change No, 13 -0324; McIntosh & Associates, representing Urban Land Advisors, LLC (property owner), has applied for a zone change on 31.78 acres located along the south side of Seventh Standard Road between the future Allen Road and Shane Street. (Staff recommends adoption of the Resolution and first reading of the Ordinance) Resolution adopting a Negative Declaration, 2, First Reading of Ordinance amending the Official Zoning Map In Title 17 of the Municipal Code by changing the zone district from A (Agriculture) to R -2 (Limited Multiple Family Dwelling) on 21,33 acres and to C -2 (Regional Commercial) on 10,45 acres. 4 City Council Meeting of 02/12/2014 9. CONSENT CALENDAR PUBLIC HEARINGS continued (Ward 4) C. General Plan Amendment /Zone Change No, 13 -0323; McIntosh & Associates, representing Urban Land Advisors, LLC (property owner), has applied for a general plan amendment and zone change on 130.30 acres located south of Seventh Standard Road between the future Allen Road and future Jewetta Avenue. (Staff recommends adoption of the Resolutions and first reading of the Ordinance) 1. Resolution adopting a Negative Declaration, 2. Resolution approving the general plan amendment changing the land use designation from LMR (Low Medium Density Residential) and SR (Suburban Residential) to LR (Low Density Residential) on 130.30 acres. 3. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district A (Agriculture) and E (Estate) to R -1 (One Family Dwelling) on 130.30 acres. (Ward 3) d. General Plan Amendment /Zone Change No, 13 -0251; McIntosh & Associates, representing Mt. Vernon Properties, LLC (property owner), has applied for a general plan amendment and zone change on 56.66 acres located between Highway 178 and Highland Knolls Drive, west of Morning Drive. (Staff recommends adoption of the Resolutions and first reading of the Ordinance) Resolution adopting a Negative Declaration, 2. Resolution approving the general plan amendment changing the land use designation from LR (Low Density Residential) and HMR (High Medium Density Residential) to GC (General Commercial) and OC (Office Commercial) on 56.66 acres. 3. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One Family Dwelling) to CO (Professional and Administrative Office) and C -2 (Regional Commercial) on 56.66 acres. (ward 4) e. General Plan Amendment /Zone Change No. 13 -0292; Pinnacle Civil Engineering, Inc., representing Crystal Farms (property owner) has applied for a general plan amendment and zone change on 41.40 acres located on the south side of Relna Road between Santa Fe Way and Renfro Road. (Staff recommends adoption of the Resolutions and first reading of the Ordinance) 1. Resolution adopting a Negative Declaration, 2. Resolution approving the general plan amendment changing the land use designation from R -IA (Resource - Intensive Agriculture) to LMR (Low Medium Density Residential) on 41.40 acres. 3. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from A (Agriculture) to R -2 (Limited Multiple Family Dwelling) on 41,40 acres. City Council Meeting of 02/12/2014 9. CONSENT CALENDAR PUBLIC HEARINGS continued (Ward 5) f, General Plan Amendment No, 13 -0360; McIntosh & Associates, representing Castle & Cooke Commercial -CA, Inc, (property owner), has applied for a general plan amendment circulation element and a West Ming Specific Plan amendment to change the planned circulation of a major road and multi- purpose trail, (Staff recommends adoption of the Resolution) 1, Resolution approving the general plan circulation element and specific plan amendments changing the planned circulation of a major road and multi- purpose trall, as shown on map, (Ward 5) g. General Plan Amendment No, 13 -0361; Woodbridge Pacific Group, representing Sierra Oaks Partners, LLC (property owner), has applied for a general plan amendment circulation element and a West Ming Specific Plan amendment to change the planned circulation of major roads and mufti- purpose trails. (Staff recommends adoption of the Resolution) Resolution approving the general plan circulation element and specific plan amendments changing the planned circulation of major roads and multi- purpose trails, as shown on map. (ward 2) 10. REPORTS a, Follow Up Responses to Referrals from Councllmember Maxwell; 1, One Way Streets in the Downtown Area 2. Traffic Counts for 24th Street, Oak Street, Truxtun Avenue and Westside Parkway, Staff recommends the report be received and filed, 11. HEARINGS (ward 2,3) a, Public Hearing to consider a resolution certifying the Final Environmental Impact Report and approving the 24th Street Improvement Project. (TRIP) (continued from 01122114 meeting) Staff recommends adoption of the resolution and approval of the project, and that the project advance to final design and property acquisition phases followed ultimately by bidding and construction of the project. 12. DEFERRED BUSINESS 13. NEW BUSINESS a. Electronic Agenda Management, Staff recommends: a) Implementation of an electronic /paperless agenda management system for preparation and distribution of City Council agendas, b) Acquisition of the Novus Agenda software program, at an Initial cost of $ 12,150, Including training and Installation, There will be annual recurring costs of approximately $7,950 after the first year of Implementation, City Council Meeting of 02/12/2014 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT Respectfully submitted, qxllplc� "-�/n Alan Tandy City Manager 02/07/14 4:41pm City Council Meeting of 02/12/2014 AGENDA HIGHLIGHTS February 12, 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 existing litigation and one matter pertaining to the initiation of litigation. REGULAR MEETING - 5:15 p.m. Item 8e. At the request of Councilmember Rivera, this agenda includes, for the Council's consideration, a resolution supporting the proposed federal legislation to strengthen the country's borders and reform the immigration process. Items 9b. - 9g. In Wards 3, 4, and 5, there are six items pertaining to zone change requests, five of which include General Plan Amendments. To our knowledge, they are non - controversial. Ward 3.: Item 9d. - 57 acres between Highway 178 and Highland Knolls Drive, west of Morning Drive, for future construction of an office and retail commercial center. Ward 4: Item 9b. - 32 acres south of Seventh Standard Road, between the future Allen Road and Shane Street, for a proposed 176 multi - family unit and 100,000 square feet of commercial space; Item 9c. - 30 acres south of Seventh Standard Road, between the future Allen Road and future Jewetta Avenue, for a proposed 450 single - family unit development; Item 9e. - 41 acres south of Reina Road, between Santa Fe Way and Renfro Road, for a proposed 250 single family unit development. Ward 5: Item 9f. - proposed relocation of a local collector street and multi - purpose trail to add secondary access to Ming Avenue from the West Ming development project, south of Ming Avenue, between Allen Road and the future West Beltway (refer to exhibit map for more detail); Item 9g. - proposed relocation of two local collector streets and multi - purpose trails, south of White Lane, between Buena Vista Road and the future West Beltway (refer to exhibit map for more detail). Item 10a. Follow Up Responses to Councilmember Maxwell Requests. At the January 22, 2014 Council meeting, Councilmember Maxwell requested that staff provide additional detail regarding his concept for one -way streets in the downtown area and traffic counts for24th Street; Oak Street; Truxtun Avenues and the Westside Parkway. The administrative report and corresponding attachments include the related detail, and display maps will be shown during the presentation on these topics. Item 11a. Final EIR for the 24th Street Widening Project. At the January 22, 2014 Council meeting, there was a staff presentation, the public hearing was opened, and public testimony was received, and the hearing continued to the February 12th meeting for Council action. The administrative report for this item includes responses to the public comments received at the hearing and those received following the hearing. Also included are responses to questions posed by Councilmember Maxwell regarding this project. The administrative report and multiple attachments include a voluminous amount of comprehensive detail in response to the questions and requests. This will be the fourth public hearing to address the environmental document and related issues for the 24th Street Widening Project. There have also been numerous community and individual meetings to allow community involvement and provide transparency of the process. Staff recommends approval of the final EIR and advancement to final design and property acquisition, followed by bidding and construction of the project. Item 13a. Electronic Agenda Management. At the request of Councilmember Hanson to investigate the use of iPads for City Council agenda packets, staff has done an analysis on electronic agenda management systems. As a result, we are recommending the implementation of the NovusAgenda software package, as a "paperless" method of preparing and distributing the Council agenda. When the new system is implemented, staff who currently receive their agenda packet in hard copy form will access it electronically. The City Council will have the option to receive the electronic version or a hard copy. Electronic agenda management will result in greater staff efficiency, savings in printing and paper costs, and r#oreion-venience for the public. Approved: Alan Tandy, Clty Manager Agenda Highlights - February 12, 2014 Council Meeting Page 2 cc: Department. Heads_____ City Manager's Flle City Clerk's File News Media File ��111,"11 1`. '�Illtllrr, ADMINISTRATIVE REPORT MEETING DATE: February 12, 2014 AGENDA SECTION: Closed Session ITEM: 3.0. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney January 27, 2014 APP /ROVED DEPARTMENT HEAD CITY ATTORNEY V CITY MANAGER Conference with Legal Counsel — Existing Litigation Closed session pursuant to Government Code section 54956.9(d) (1) • City of Bakersfield v. County of Kern, et al. Fresno County Superior Court Case No. 13CECGO2817 • City of Bakersfield v. Kern County, et al. Kings County Superior Court Case No. 13 C 0180 VG:Isc S: \COUNCIL \CI Sess\ Admins \13- 14 \2- 12- 14ExistLit.docx `II„IIIlilllll /I / / / /// / ADMINISTRATIVE REPORT MEETING DATE: February 12, 2014 AGENDA SECTION: Closed Session ITEM: 3 TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: February 7, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY_ CITY MANAGER 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 \2- 12- 141nitUt.docx MEETING DATE: February 12, 2014 AGENDA SECTION: Presentations ITEM: q. a, TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: January 16, 2013 O DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER /W SUBJECT: Presentation by Mayor Hall of a Certificate of Recognition honoring Monsignor Craig Harrison for the selection of his as home as a Premier Yard of 2013 in our city. RECOMMENDATION: BACKGROUND: krt January 16, 2014, 2:39PM MEETING DATE: February 12, 2014 AGENDA SECTION: Presentations ITEM: q. b. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: January 31, 2013 APPROVED DEPARTMENT HEA CITY ATTORNEY Q CITY MANAGER ie SUBJECT: Presentation by Mayor Hall of a Certificate of Congratulations to Vice -Mayor Weir acknowledging two recent awards from the Amateur Softball Association, and USA Softball, honoring the city's Mesa Marin softball facility. RECOMMENDATION: BACKGROUND: krt January 31, 2014, 4:10PM A O�awwoR4 S ADMINISTRATIVE REPORT I MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: g TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk January 31, 2014 APPROVED DEPARTMENT HEAD ff% CITY ATTORNEY p� CITY MANAGER Approval of Minutes of the January 22, 2014, Regular City Council Meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: Rg:ndw 'BAK �} ADMINISTRATIVE REPORT �1 'wwiv ,i 10 MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: p, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: January 30, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY �j� _ CITY MANAGER /W SUBJECT: Receive and file department payments from January 10, 2014 to January 30, 2014 in the amount of $16,459,285.98, Self Insurance payments from January 10, 2014 to January 30, 2014 in the amount of $350,291.77, totaling $16,809,577.75 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: February 5, 2014, 1:10PM S: \Kim G\ADMIN \COUNCIL - ADMIN- AP- 2014\ADMIN —AP 021214 -2.doc MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: 9. C . TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD W;l' DATE: January 23, 2014 CITY ATTORNEY_ CITY MANAGER SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section 1. 12.050 by adding Annexation No. 517 located generally south of Panama Lane between Progress Road and Old River Road. (Ward 5) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexation No. 517 into the corresponding Council ward. This annexation was recently approved by the Kern County Local Agency Formation Commission (LAFCo) on October 14, 2013. LAFCo issued the Certificate of Completion finalizing the annexation on January 14, 2014. In September 2013, the City and County entered into Agreement No. 13 -164 (County Agreement No. 786 - 2013), which outlines the terms and conditions related to the exchange of property tax revenue for this annexation. Annexation No. 517 consists of 103.13 acres and is located generally south of Panama Lane between Progress Road and Old River Road. The territory includes four parcels and the Progress Road right -of -way. The property owners include Old River LLC and Core Investments, Inc., who initiated the annexation for development purposes. They have been developing residential tracts in the City adjacent to Annexation No. 517 since 2005. Completion of this annexation is necessary to enable the developer to complete the remaining 300 lots planned for the balance of the neighborhood. The annexation area also includes a portion of a future city park site. This area will be included into Ward 5. DL: \S:\ Annexation \Ordinances \2012_13 \2013 \Admin adopt- 2_12_14 517.docx MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM $ , d . TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD2et,/ DATE: January 24, 2014 CITY ATTORNEY_ CITY MANAGER —&— SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Assessment hearing was held on January 13, 2014, by the City Manager designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Word 1 1. 3616 Anderson Street 172- 102 -26 $ 685.00 2. 216 Augusta Street 018- 200 -29 $ 835.00 3. 440 E. Belle Terrace 169- 150 -01 $26,100.00 4. 904 E. Brundage Lane 018 - 180 -10 $ 1,040.00 5. 207 Clifton Street 018 - 410 -15 $ 650.00 6. 215 Clifton Street 018- 410 -17 $ 675.00 7. 316 Clifton Street 018- 370 -08 $ 300.00 8. 210 Clyde Street 018- 350 -08 $ 300.00 January 27, 2014, 10:24AM /kd S: \Dana\ADMINS\2014\FEB\2 -12- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 1 28. 9. 226 Clyde Street 10. 308 Clyde Street 11. 3320 Elda Avenue 12. 1819 Filson Street 13. 3516 Horne Street 14. 9 Kincaid Street 15. 35 Northrup Street 16. 137 Northrup Street 17. 317 Ohio Drive 18. 110 S. Owens Street 19. 339 S. Owens Street 20. 901 E. Planz Road 21. 6815 Tameside Avenue 22. 119 Tyree Toliver Street 23. 213 Tyree Toliver Street 24. 217 Tyree Toliver Street 25. 301 Tyree Toliver Street 26. 1 324 Virginia Avenue 27. 110 E. 8th Street Ward 2 28. 1800 Forrest Street 29. 1816 Forrest Street 30. 819 Kentucky Street 31. 327 Monterey Street 32. 1121 Pacific Street 33. 2901 Truxtun Avenue 34. 901 31st Street 35. 1012 31 st Street Ward 3 APN COST 018- 350 -03 $ 300.00 018- 360 -10 $ 700.00 172 - 122 -27 $ 680.00 172- 043 -09 $ 1,279.00 172- 091 -31 $ 700.00 018 - 180 -28 $ 715.00 018- 330 -16 $ 105.00 018- 320 -19 $ 698.00 169 - 070 -07 $ 680.00 018 - 240 -08 $ 735.00 018 - 290 -23 $ 300.00 172 - 121 -01 $ 300.00 518 - 142 -05 $ 300.00 018- 340 -18 $ 1,285.00 018- 350 -28 $ 899.00 018- 350 -27 $ 1,149.00 018 - 360 -37 $ 735.00 018 - 123 -29 $ 300.00 139 - 191 -13 $ 800.00 007 - 197 -12 $ 105.00 007 - 197 -09 $ 105.00 014 - 300 -07 $ 716.00 014 - 170 -08 $ 675.00 015 - 090 -06 $ 300.00 004 - 211 -06 $ 300.00 002 - 071 -14 $ 1,280.00 002 - 061 -27 $ 300.00 36. 3401 Cedar Canyon Street 146- 352 -09 $ 300.00 37. 5701 Fairfax Road 439- 090 -01 $ 300.00 38. 4407 Isla Verde Street 119- 171 -28 $ 105.00 39. Unassigned (behind 4000 Fulton Ave) 146- 041 -34 $ 874.00 Ward 5 40. 11201 Soltierra Place Ward 6 41. 6301 Alderpointe Street 42. 6008 Chicory Drive 43. 4900 Evanston Court January 27, 2014, 10:24AM /kd S: \Dana\ADMINS\2014\FEB\2 -12- Property Abatement.docx 394 - 093 -19 $ 300.00 498 - 098 -06 $ 300.00 384 - 252 -19 $ 300.00 384 - 040 -56 $ 300.00 ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 6 44. 5517 Glacier Court 498 - 172 -10 $ 300.00 45. 6416 Green Garden Drive 499 - 243 -22 $ 790.00 46. 2900 N. Half Moon Drive 355- 331 -01 $ 1,260.00 47. 6920 Palmetto Court 385 - 121 -03 $ 300.00 Ward 7 48. 2001 Chester Avenue 023 - 122 -03 $ 600.00 49. 2516 Earlene Avenue 372 -091 -14 $ 300.00 50. 1801 Fremont Street 023- 146 -07 $ 300.00 51. 1804 Hodges Avenue 023 - 143 -19 $ 600.00 52. 1318 Interlaken Drive 517- 431 -01 $ 105.00 53. 5112 Jonah Street 412 - 191 -10 $ 105.00 54. 3701 Mc Courry Street 405 - 181 -12 $ 835.00 55. 1013 Nicki Court 412- 080 -42 $ 300.00 56. 8042 Stine Road 515 -040 -12 $ 300.00 The owners of the above - mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the above - mentioned properties. The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. January 27, 2014, 10:24AM /kd S: \Dana\ADMINS\2014\FEB\2 -12- Property Abatement.docx MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 3, 2014 APPROVED DEPARTMENT HEAD ,Lr CITY ATTORNEY CITY MANAGER /w A Resolution in Support of H.R.15 Regarding Border Security, Economic Opportunity and Immigration Modernization Act RECOMMENDATION: Staff recommends support. BACKGROUND: At Councilmember Rivera's request, the attached is a Resolution in support of House of Representative Legislation 15 (H.R. 15), sponsored by Congressman Joe Garcia. This Bill seeks to strengthen our nation's borders, reform the immigration process, and aid national and local economies and cultural diversity. TG:Isc S:\C0UNC1L\Adm1ns\13-14 Admins \HR- 15Support- Immigration.docx A O� yeauro�,��e S ADMINISTRATIVE REPORT LIF MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: January 14, 2014 SUBJECT: Sewer connection fee assessment (Wards 7): APPROVED DEPARTMENT HEAD A0 CITY ATTORNEY CITY MANAGER 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Colleen Rice, 2501 Carlita Court, to pay sewer connection fee in installments through the Kern County Tax Collector. A notice of special assessment lien will be placed on the property. RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement. BACKGROUND: The owner of the property shown above desires to connect said property to the City sewer system. The property owner claims that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee, the City has contracted with the property owner to apportion the connection fee over an eight year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4648 dated August 18, 2011, authorizes the Kern County Tax Collector to collect the connection fee in eight equal payments over the next eight years. MM G:\Groupdat\Adminrpt\2014\2- 12\2501 Carlita Ct SewerConFee January 15, 2014, 12:47PM MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: $ TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: January 17, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & SUBJECT: Resolution to add Area 4 -118 (18200 Hwy 178) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 3) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: On January 8, 2014 the Council adopted Resolution of Intention No. 1772 adding the above territory to the. Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and /or street landscaping. The areas will be under park and /or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and /or street landscaping have been installed. The addition of these territories to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. ps G: \GROUPDAT \ADMINRPT \2014 \02 -12 \Res est CMD 4 -1 18.docx MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: g. h. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: January 17, 2014 CITY ATTORNEY Pc CITY MANAGER �`� SUBJECT: Resolution of Intention (ROI) #1773 to add Area 1 -97 (5001 Commerce Drive) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcel to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. ps G: \GROUPDAT \ADMINRPT \2014 \02- 12 \ROI est CMD 1- 97.docx MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: Q TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: January 27, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Emergency Sewer Repair on l st Street from Chester Avenue to N Street (Ward 1): 1. Amendment No. 1 to Resolution No. 005 -14 dispensing with normal bidding procedures due to need for emergency sewer repair on 1St Street from Chester Avenue to N Street, and authorizing Griffith Company and Rain for Rent to perform necessary repairs, increasing the not to exceed amount from $700,000 to $1,000,000. 2. Appropriate $300,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Capital Improvement Budget. RECOMMENDATION:Staff recommends approval of amendment to resolution and appropriation. BACKGROUND: On January 8, 2014, Council approved Resolution No. 005 -14, dispensing with bidding procedures in order to expedite replacement of a sewer line that failed on 1 st Street from Chester Avenue to N Street. At that time, City staff had a preliminary estimate of the scope of work required. The initial estimate to complete the necessary sewer work was $700,000. During construction of the sewer line, several unknown facilities (large concrete sewer vault, storm drain pipe, and two sewer pipes) were discovered which required relocation, additional trench shoring, and additional sewer bypass pumping. The revised estimate to complete the necessary work is $1,000,000. Because of the additional work necessary to remedy this collapsed sewer line, staff recommends approval of the amendment to Resolution No. 005 -14 and the appropriation of an additional $300,000 for a revised not to exceed contract amount of $1,000,000. Sewer Enterprise funds provide the funding source for this Resolution. Therefore, there is no General Fund impact associated with this Resolution. This project is exempt from prevailing wage requirements. GL G:\ GROUPDAT \ADMINRPT\2014 \02- 12 \Admin - Emergency Resolution.doc pAK ADMINISTRATIVE REPORT MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: • TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: January 24, 2014 CITY ATTORNEY i CITY MANAGER SUBJECT: Approval of Final Map and Improvement Agreement Final Map and Improvement Agreement with Lennar Fresno Inc., a California Corporation, for Tract 6757, Unit 2, located south of McKee Road and west of Mountain Ridge Drive (Ward 6) RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: This Agreement is entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENT IS FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. mmm January 24, 2014, 9:49AM G: \GROUPDAT\ADMINRPT \2014\02- 12 \T6757 -2 Map and IM AGR.doc (V ADMINISTRATIVE REPORT MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: Ig . K. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 24, 2014 R V DEPARTMENT HEAD CITY ATTORNEY 7 �� CITY MANAGER S Approval of Final Map and Improvement Agreement Final Map and Improvement Agreement with Froehlich Inc., a California Corporation, for Tract 6796, Unit 1, located east of Jenkins Road and north of Brimhall 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 IS FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. lu](�lY January 24, 2014, 9:31AM G:\GROUPDAT\ADMINRPT \2014\02- 12 \T6796 -1 Map and IM AGR.doc A ADMINISTRATIVE REPORT MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: g TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: January 24, 2014 SUBJECT: Approval of Improvement Agreement APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Improvement Agreement with Amber Investments, LLC a limited liability company authorized to do business in California, for Parcel Map 11192, located north of Stockdale Highway and east of Allen Road. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Parcel Map 11192 Phase 1 was the subject of Improvement Agreement 08- 187 between the City of Bakersfield and Castle & Cooke, California, Inc. The ownership of Parcel 11192 Phase 1 in its entirety has changed to Amber Investments. The approval of this Agreement will terminate Improvement Agreement 08 -187. NOTE: THE IMPROVEMENT AGREEMENT IS FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. mmm January 24, 2014, 9:32AM G: \GROUPDAT\ADMINRPT \2014 \02- 12 \PM11192 IM AGR.doc MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: $. fn TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: January 17, 2014 APPROVED, DEPARTMENT HEAD A-- CITY ATTORNEY CITY MANAGER RX SUBJECT: Transportation Impact Fee Credit Agreement with Meritage Homes of California, Inc. (not to exceed $82,806.11) for construction of improvements on Stine Road along the frontage of Tentative Tract Map 6557. (Ward 6) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: As a requirement of development of Tentative Tract Map 6557, Meritage Homes of California, Inc. has constructed one traffic lane on Stine Road along the frontage of said tract. The City has listed this improvement on the Phase III Regional Transportation Facilities List as a required facility for the orderly development of the transportation infrastructure required by the expected development of the Metropolitan Bakersfield General Plan. The City has budgeted $82,806.11 for the construction of these improvements. Meritage Homes of California, Inc. wishes to receive a credit (not to exceed $82,806.11) against its obligation of paying Regional Transportation Impact Fees upon the issuance of new residential building permits within Tentative Tract Map 6557. Ps G: \GROUPDAT \ADMINRPT \2014 \02- 12 \TIF CREDIT AGR - Meritage Homes T6557.docx F BAK 14 p S ADMINISTRATIVE REPORT c MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: , n TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: January 27, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGERS SUBJECT: Contract with Kutak Rock LLP in the amount of $225,000 for Special Bond Counsel services associated with financial planning for the Thomas Roads Improvement Program projects. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In January 2013 the City Council approved an agreement with Kutak Rock LLP for legal services associated with the various TRIP financing needs. Kutak Rock is very experienced in assisting public agencies with a wide range of financings. Kutak Rock also assisted the City with our large Wastewater Revenue bonds in 2007 and with the refunding of the Arena bonds in 2006. The agreement approved in 2013 was for a term of 12 months and for an amount not to exceed $225,000. Over the past year the firm has assisted with various research questions regarding various forms of financing, including assistance with the formation of the Public Benefit Corporation and they also filed the validation action with the court. The City has paid Kutak Rock approximately $167,710 for work performed during the 2013 calendar year. The proposed contract for 2014 contemplates a continuation of legal services regarding the City's financing needs for another 12 months for an amount not to exceed $225,000. We are anticipating a need for one or more financings during 2014 to fund local requirements on projects as they move into construction as well as possible short term borrowing needed to manage cash flow requirements of federal fund expenses. Defense efforts for the validation action are being handled under a separate departmental agreement by the City Attorneys office. The contract is hourly based to continue work on both short and long term borrowing needs of the City and assist with the legal requirements related to an overall financing plan for the various TRIP projects. Funds for this contract are budgeted within the Utility Surcharge Fund. Nks- 1/27/14 S: \Admin \Admin Reports \Admin - trip bond financing kutak 2014 agreement.doc MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: f o. TO: Honorable Mayor and City Council �,A,P�PPROVED FROM: Andrew Heglund, Deputy City Attorney DEPARTMENT HEAD DATE SUBJECT: January 30, 2014 CITY ATTORNEY Or CITY MANAGER & Agreement with Clifford & Brown (not to exceed $50,000) to provide outside legal services in matters related to recovery of bond proceeds under performance bond number 5027282 or other bonds related to Tract 6642. (word 3) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: During its closed session meeting on January 22, 2014, City Council unanimously (7 -0 vote) approved the initiation of litigation against Bond Safeguard Insurance Company for the recovery of bond proceeds related to required subdivision improvements for Tract 6642. The improvements, which have been funded by United Security Bank (USB) are nearly completed. USB, who took ownership of Tract 6642 through foreclosure as the project's lender, sold the tract to a new developer (TJ Developments, LLC), agreeing to complete the required improvements at its own cost. Because the improvements were not USB's original obligation but the obligation of the original developer, International Housing & Land Development, LLC, who purchased bonds to insure that it would complete the improvements, USB would like to recover reimbursement from those bonds. But because USB does not have a contractual right to those bond proceeds, USB has asked the City to initiate litigation to recover those proceeds as the beneficiary of those bonds. USB has executed an agreement with the City to fully fund the litigation against Bond Safeguard Insurance Company, which will be managed by the City Attorney's Office through Clifford & Brown. Since USB paid to complete the improvements, recovered bond proceeds, if any, will be used to reimburse USB for the actual costs it incurs in completing the improvements. Staff recommends approval of the agreement to encourage development within the City and facilitate the completion of subdivision improvements by those assuming that obligation. Taking this action also reiterates that the City aggressively pursues completion of subdivision improvements funded by bonds when appropriate. AHM S: \C0UNCIL \Admins \13 -14 Admins \C &BBondRecoveryAgr.Admin.docx January 30, 2014, 8:36AM GG A 0` NCO Mr ADMINISTRATIVE REPORT i MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Jena Covey, Risk Manager DEPARTMENT HEAD DATE: January 27, 2014 CITY ATTORNEY CITY SUBJECT: Amendment No. 1 to Agreement 1 1 -061 with Law Offices of Hanna, Brophy, acLean, McAleer & Jensen (Hanna & Brophy) (increase the contract by $56,000, revi ed not to exceed a total of $506,000) to provide Worker's Compensation Legal Services. I 9#Jk A1.4i[ZAt1*JZ1 Staff recommends approval of agreement. BACKGROUND: In June of 2011, the City Council approved an agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen (Hanna & Brophy) to provide legal services for the City's workers' compensation program. Hanna & Brophy specializes in the defense of workers' compensation claims and has provided the City with a high level of service over the last several years. The current agreement is a two year agreement with an optional third year that the City exercised in 2013. The contract is for $150,000 per year, with a total not to exceed amount of $450,000 for the three year period. However, since the inception of the contract in July 2011, the City has experienced an approximate 40% increase in the number of litigated workers' compensation claims. This increase can be attributed to trends within the California workers' compensation system and statutory changes enacted by the Legislature with SB899 in 2004 and SB863 in 2013. Specifically, workers' compensation law reforms and California court decisions interpreting those laws over the last several years has added numerous changes to the provision of medical treatment with addition of standardized treatment guidelines, a need for additional oversight of medical requests from treatment providers through utilization review companies, and changes to the permanent disability rating system. Disputes over these new laws and the case law interpreting them have impacted the way medical treatment is obtained and provided for industrially related injuries as well as the amount of indemnity that is at issue in each case. The net result has been a significant increase in the ADMINISTRATIVE REPORT number of injured workers' who obtain attorneys and file their cases with the Workers' Compensation Appeals Board to litigate the issues. In order to ensure that we have sufficient funding for legal representation for the duration of the contract ending June 2014, staff recommends increasing the amount of the contract by $56,000. The City will be issuing a Request for Proposal in the coming month for Workers' Compensation legal services, as the current three (3) year contract will terminate at the end of June 2014. jlc B�O�� rte S ADMINISTRATIVE REPORT cA tr MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DEPARTMENT HEAD APPROVED DATE: January 30, 2014 CITY ATTORNEY CITY MANAGER_ SUBJECT: Amendment No. 2 to Agreement No. 12 -042 with Stinson Stationers, Incorporated; extending the contact term one year and adding $300,000 (for a total not to exceed amount of $860,000) to the Annual Contract for Office Supplies. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On March 7, 2012, Council approved the annual contract for office supplies to Stinson Stationers, Inc., in the amount of $260,000; renewable annually thereafter for four (4) consecutive one -year periods. On March 20, 2013, Council approved amendment No. 1 extending the contract one year and increasing compensation $300,000. Stinson's has continued to work with the City to reduce office supply costs throughout this contract period. Recently introducing a "daily needs" catalog that guarantee's the City a 50% discount off the list price. Additionally, Stinson's worked directly with Hewlett Packard to enroll the City in the large volume purchase program for printer toner. The new discounts will range from 5 to 12 percent per cartridge for an estimated $10,000 savings in the next 12 months. If approved, Amendment No. 2 will extend the contract term one year, and add $300,000 for a revised not to exceed amount of $860,000. Funds are budgeted in the departmental operating accounts for office supplies in all funds (both general fund and other funds). Purchasing Division /ch &TURMADMIMAmendments 13 -14WC for Office Supplies Amendment #2 to Agreement 12- 042.docx January 30, 2014, 2:04PM A ��ycc0044 r� s ADMINISTRATIVE REPORT L1F0 MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: January 30, 2014 APPROVED DEPARTMENT HEAD t%l CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 13 -025 with San Joaquin Fence & Supply; extending the contract term to December 31, 2014, to continue the supply of installed fencing. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On March 6, 2013, Council approved the Annual Contract for the supply of installed fencing to San Joaquin Fence & Supply in the amount of $477,844.15; renewable thereafter for one consecutive year. This contract is a non- prevailing wage agreement that can be extended to December 31, 2014. Continuing this agreement will allow the City to maximize savings of the reduced costs for installed fencing needs. If approved, Amendment No. 1 will extend the contract term, expiring December 31, 2014. Funds are budgeted in the Refuse, Water, and Park Improvement and Capital Outlay accounts including both General and Enterprise Funds for this contract. Approval of the amendment will allow the City to continue to meet the demand for installed fencing. Purchasing Division/ch &TURCMADMIMAmendments 13 -14\AC for Installed Fencing Amendment #I to Agreement 13- 025.doex January 30, 2014 2:39 PM A Q�awcro2, n s ADMINISTRATIVE REPORT LIFO MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: T. S. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: January 30, 2014 APPROVED DEPARTMENT HEAD /✓ CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 13 -036 with Precision Fertilizer Spreading; extending the contract term to December 31, 2014, and increase compensation $125,000 (for a total not to exceed amount of $249,250) to continue the supply of hauling and spreading of bio- solids. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On March 20, 2013, Council approved the Annual Contract for the supply of hauling and spreading of bio- solids to Precision Fertilizer Spreading in the amount of $124,250; renewable thereafter for one consecutive year. This contract is a non - prevailing wage agreement that can be extended to December 31, 2014. Continuing this agreement will allow the City to maximize savings of the reduced costs for the hauling and spreading of bio- solids. If approved, Amendment No. 1 will extend the contract term, expiring December 31, 2014. Funds are budgeted in the Wastewater Enterprise Fund operating accounts for this contract. Approval of the amendment will allow the City to continue to meet the demand for hauling and spreading of bio- solids. Purchasing Division/ch SRURMADMIMAmendments 13 -14\AC for Hauling and Spreading of Bio- solids Amendment #I to Agreement 13- 036.docx January 30, 2014 2:39 PM MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: 9--f. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DATE: February 6, 2014 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER�� SUBJECT: Contract Change Order No. 4 to Agreement No. 12 -165 with Security Paving Company, Inc. (Net increase of $334,439.55; revised not to exceed $29,379,354.77; change order funded with Traffic Development Funds) for the construction of the Westside Parkway Phase 6C Project (TRIP) (Ward 4). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This Westside Parkway Phase 6C Project consists of constructing four lanes of freeway (two In each direction) between Allen Road and the Stockdale Highway /Heath Road intersection, building approximately three miles of sound walls, as well as completing all ramp tie - ins to the Allen Road interchange. The Project will also build a bridge for Renfro Road to cross over the Westside Parkway. The Westside Parkway will ultimately be an eight mile long, east -west freeway extending from Truxtun Avenue west to Stockdale Highway /Heath Road with interchanges at Mohawk Street, Coffee Road, Calloway Drive, and Allen Road, Change Order # 4 provides for the addition of approximately 1300 linear feet of concrete block wall along the northerly side of the Westside Parkway in the vicinity of Renfro Road. This block wall was not included In the original bid documents for Phase 6c because it did not meet state and federal criteria for financial feasibility, and would not be eligible for federal funding. However, after further review of the specific conditions of this area, and the effect upon the adjacent residences, including one property with a front door located only 60 feet from the Westside Parkway, staff is now recommending Inclusion of the additional wall as part of the Phase 6C project. This change order results In an estimated increase of $334,439.55. Since earlier change orders resulted in substantial decreases to this project, there still remains a $602,867.25 decrease to the original contract amount, as noted below. Staff recommends approval of Contract Change Order No, 4. All change orders combined to date, including this Change Order, result In a 2.0 % decrease over the original Agreement as Illustrated below: • Original Contract Amount = $ 29,982,222.42 • Previous Change orders = $ - 937,307.20 • Current Change Order No. 4 $ 334,439.55 • Amended Contract Agreement after Change Order = $ 29,379,354.77 Net Increase to date = $ - 602,867.65 Lt: tdw: G:\ GROUPDAT \ADMINRPT\2014 \02- 12Wdmin Rpt CCO 4 Westside Parkway Phase 6C- REV.docx BA F y�w�rote c S� J ADMINISTRATIVE REPORT .Y,® IF MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: 4 . a TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 27, 2014 AP VED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_AaY Accept bid and approve contract to Safety Striping Services, Inc. ($42,307.74) for Bike Lane Improvements: Alta Vista Drive, Haley Street, 30th Street and 4th Street. (Wards 1 and 2). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract BACKGROUND: This project consists of striping bike lanes on Alta Vista Drive from Niles Street to Bernard Street, Haley Street from Kentucky Street to Flower Street, Haley Street from E. California Avenue to E. Truxtun Avenue, 30th Street from Chester Avenue to Union Avenue and 4th Street from P Street to Union Avenue. Work includes the installation of traffic stripping, pavement markings and roadside signs at specified locations. 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 $53,900. On January 9, 2014, a total of five bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Safety Striping, Inc. 6868 Avenue 305 Goshen, CA 93227 in the amount of $42,307.74 Central Striping Service, Inc 3489 Luyung Drive Rancho Cordova, CA 95742 in the amount of $42,998.40 PCI 1 105 E. Hill Street Long Beach, CA 90806 in the amount of $48,781.50 Sterndahl Enterprises, Inc. 11861 Branford Street Sun Valley, CA 91352 in the amount of $52,174.10 Public Works / Design Engineering / KB G: \GROUPDAT%ADMINRPT\2014 \02 -12 \Bike Lane Improv Alta Vista T3K226 - revised.doc January 27, 2014, 9:46AM ADMINISTRATIVE REPORT PTM General Engineering Services, Inc. 5942 Acorn Street Riverside, CA 92504 in the amount of $58,942.60 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 / KB G:\GROUPDAT\ADMINRPT\2014\02 -12 \Bike Lane Improv Alta Vista T31K226 - revised.doc January 27, 2014, 9:46AM A ADMINISTRATIVE REPORT MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: Q. V TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director February 4, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY 4k CITY MANAGER Accept bid and approve contract to Boething Treeland Farms, Incorporated (not to exceed the budgeted amount of $100,000) for the annual contract for the supply of plants and shrubs. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited for an Annual Contract to supply plants and shrubs. The bids solicited were based on a list of various sizes and varieties of plants and shrubs to be ordered as needed for seasonal planting and for replacement of damaged landscape plants. Bidders are asked to provide their unit pricing for each plant and shrub line item listed in the bid package. Bids are then evaluated by multiplying the unit price bid for each item by the estimated quantity of each item. The bid amounts listed below are the summary totals of those calculations. Staff generally awards annual contracts such as this one for a "not to exceed" amount equal to the departmental budgeted funds available, regardless of whether the bid calculations end up higher or lower than the budgeted funds available. Funds in the amount of $100,000 are budgeted in the Recreation and Parks Department's General Fund Operating budget for this contract. The contract award is for a one -year period; renewable annually for four consecutive one -year periods at the City's option and upon mutually agreeable terms. Two (2) bids were received in response to solicitation as follows. BIDDER AMOUNT Boething Treeland Farms, Inc. $123,569.92 Woodland Hills, CA Frantz Wholesale Nursery $166,653.76 Hickman, CA Staff finds the bid submitted by Boething Treeland Farms, Inc., to be acceptable and recommends approval of the contract in the budgeted amount of $100,000. Purchasing Division\kb S:WdminWdmin Reports\AC 2 for Supply of Plants and Shrubs 13 -14-46 February 12 2014 (2).docx February 4, 2014, 11:02AM ADMINISTRATIVE REPORT MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul Rojas, Public Works Director January 13, 2014 APPROVED DEPARTMENT HEAD OL/ CITY ATTORNEY :hA CITY MANAGER R' Acceptance of 2012 -13 Transportation Development Act Funds Financial Statements RECOMMENDATION: Staff recommends acceptance of audit report. BACKGROUND: Kern Council of Governments (Kern COG) administers Transportation Development Act (TDA) Funds. TDA funds provide the funding source for the following two City of Bakersfield funds: • Bikeway and Pedestrian Fund accounts for projects dedicated to bicycle and pedestrian facilities and safety. • Amtrak Operating Fund accounts for maintenance costs for the Bakersfield Amtrak Station. Statutes governing the use of TDA funds require annual audits. These statutes include KernCog's Rules and Regulations, the California Public Utilities Code section 99245, and the California Code of Regulations section 6664. KernCog contracted with Brown Armstrong Accountancy Corporation to perform audits of member agencies. The City bears no part of the audit costs. The attached financial statements for the TDA Funds were prepared for the fiscal year ending June 30, 2013. The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Brown Armstrong Accountancy Corporation has issued an unqualified opinion. GI G: \GROUPDAT \ADMINRPT \2014 \02- 12 \Transp Dev Act Funds Financial Stm.docx BA R d�pVOR,, ADMINISTRATIVE REPORT MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: g TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: January 27, 2014 APPROVED DEPARTMENT HEAD A, ! CITY ATTORNEY CITY MANAGER SUBJECT: Acceptance of Audit Reports for the 2012 -13 Fiscal Year 1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2013. 2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2013. 3. Single Audit Report — Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2013. 4. Independent Auditors Report — Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2013. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2013. 6. Independent Auditors Report — Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2013. RECOMMENDATION: Budget and Finance Committee Recommends Acceptance of the Reports. BACKGROUND: The above referenced audit reports were provided to the City Council at their December 11, 2013 meeting. The Council referred the reports to the Budget and Finance Committee for review and discussion. The Budget and Finance Committee met on January 27, 2014 and reviewed the audit reports with City staff and the independent outside audit firm of Brown Armstrong. As a result of that meeting the Budget and Finance Committee recommended the various reports be accepted by the City Council. S MrninlAdmin ReportsQ013 CAFR bud fin back to council.docx January 27, 2014, 1 :54PM MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar ITEM: $. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: February 4, 2014 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_ APPROVED SUBJECT: Receive and file Successor Agency payments from January 10, 2014 to January 30, 2014 in the amount of $477,787.71. 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 # 585760 to Brown & Fowler Construction for $421.67 is a payment for work performed in completion of the Sister City Garden Phase B project. Payment approved as ROPS line item # 29. Check # 585930 to Kern Steel Fabrication Inc. for $114,674.02 is a payment for work performed in completion of the Sister City Garden Phase B project. Payment approved as ROPS line item # 29. Wire transfer #9992260 to The Bank of New York for $114,630.90 is a debt service payment regarding three HUD Section 108 loans (Fire Station #5, Millcreek, and Baker Street). Payments approved as ROPS line item #'s 7, 8 & 20. Wire transfer #9992261 to US Bank Trust for $110,547.17 is a debt service payment regarding the 2009 Tax Allocation Bonds Series A & B. Payments approved as ROPS line item #'s 6 & 17. Wire transfer #9992262 to Wells Fargo Bank for $137,513.95 is a debt service payment regarding the State Infrastructure Bank Loan. Payment approved as ROPS line item # 18. n ks S:ladmin\admin reports\Admin - Successor Agency payments Jan 22 2014.docx BA E O�ycovo„ �S ADMINISTRATIVE S RATIVE REPORT IF MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar Hearings ITEM: 9. 0.. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: January 24, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: A public hearing to consider the Resolution ordering the vacation of portions of the public utility easements as created with Tract Map 6444, Phase 2, within Lot 132 (located in The Seasons Development, bordered by Paladino Drive to the north and Panorama Drive to the south; Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request from K. Hovnanian Companies to vacate the public utility easement as created with Tract Map 6444, Phase 2, within Lot 132. This area is the site of a proposed retaining wall. Per the City of Bakersfield Building Department, the retaining wall cannot be approved and built until the public utility easement is vacated. 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 area. The utility companies serving the area have been notified by mail. No objections have been received as of the date of this report. Preliminary notices were mailed to all adjacent property owners within a minimum 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 the portion of the public utility easements as created with Tract Map 6444, Phase 2, within Lot 132 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. Resolution of Intention No. 1771 declaring intention to order said proposed vacation was adopted by City Council at the regular meeting of January 22, 2014. Notice of this public hearing has been duly advertised and posted as required by law. /pe January 24, 2014 10:51 AM G: \GROUPDAT \ADMINRPT \2014 \02- 12 \ADMIN REPORT PUE VACATION LOT 132 TRACT 6444 PHASE 2.DOC $A O ADMINISTRATIVE REPORT 0 MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar Hearings ITEM: - TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: January 22, 2014 CITY ATTORNEY p CITY MANAGER SUBJECT: Zone Change 13 -0324 (Ward 4) McIntosh & Associates, representing Urban Land Advisors, LLC, the property owner, has applied for a zone change on 31.78 acres located along the south side of Seventh Standard Road between the future Allen Road and Shane Street. 1. Resolution adopting a Negative Declaration. 2. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from A (Agriculture) to R -2 (Limited Multiple Family Dwelling) on 21.33 acres and to C -2 (Regional Commercial) on 10.45 acres. RECOMMENDATION: Staff recommends first reading of the ordinance. i 1 4- 1ce1rel `►I� On December 19, 2013, the Planning Commission held an advertised public hearing on this zone change request, and recommended adoption by the City Council. No one spoke in opposition to the project at the Planning Commission hearing. The zone change request consists of changing the zone district from A (Agriculture) to R -2 (Limited Multiple Family Dwelling) on 21.33 acres and to C -2 (Regional Commercial) on 10.45 acres. The reason for the request is to bring the zoning into conformance with existing the LMR (Low Medium Density Residential) and GC (General Commercial) General Plan Land Use designations on the subject property. The project proposes construction of approximately 176 multi - family dwelling units and approximately 100,000 square feet of commercial space. The project site is currently under agricultural production. The surrounding properties are either vacant or under agricultural production. However, the surrounding land uses are not agriculture. The land use to the west is suburban residential, to the south is low medium density and suburban residential, to the east is low medium density residential and to the north is lands under agricultural production that are within the City of Shafter. There are existing rural homes built to the west and south of the project site. There is an approved tract for single - family housing located to the east (4.96 units /net acre) of the project site and an ADMINISTRATIVE REPORT application for a new tract (3.5 units /net acre) is currently being processed for suburban single - family homes with a minimum lot size of 10,000 square feet to the south. All of the approved and pending tracts are within the City limits. The proposed project site will require annexation into the City. At the time the property is developed, it will be subject to the City's policy for "Complete Streets," which requires that all transportation facilities for bicyclists, pedestrians, transit and motorists be considered. Primary vehicle, bicycle and pedestrian access to the site will be via Shane Street (Collector) on the east side of the property and proposed local roads on the project site. As an Expressway, no direct access will be allowed on Seventh Standard Road. However, additional access to commercial property may be permitted with the construction of a fourth auxiliary access lane. All sidewalks and pedestrian access throughout the development will be required in accordance with City standards. There are currently no GET bus routes that run along the project site; however, when project streets and surrounding streets are fully developed, standard bus bays may be located at nearby intersections if designated as a bus route by GET. According to the City's Bikeway Master Plan, the closest designated bike route is Seventh Standard Road as a Class 3 facility (bike route with posted signs, no marked lanes); however, bike lanes or routes currently do not exist. The Traffic Engineer will evaluate if bike lane striping should be installed along project street frontages or delayed if their installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes along streets with connections to the existing bikeway network. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment. Therefore, a Negative Declaration was prepared and advertised for the project. The existing land uses allows for the proposed urban zoning. The proposed project changes the zoning from agricultural in the County to residential and commercial uses typically found in an urban (City) environment. The Metropolitan Bakersfield General Plan encourages the intensification of land use that maintains continuity of existing development. The proposal would provide housing to support the proposed and planned commercial uses along Seventh Standard Road. The proposed zoning continues the trend of establishing increasing urban density uses closer to Seventh Standard Road, which is consistent with General Plan policy because it serves as a major transportation corridor and entrance into the City of Bakersfield. The general plan encourages a variety of residential types and densities in close proximity to the planned commercial centers along Seventh Standard Road that provide services to both residents and visitors. Staff recommends first reading of the zone change. January 30, 2014, 3:05PM Planner CG / S:IZoneChangelyr 2013113- 03241Staff ReportslZC 1st Reading - 13 -0324. docx MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar Hearings ITEM: C1 , C. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD ML CITY ATTORNEY'1� DATE: January 22, 2014 CITY MANAGER _ SUBJECT: General Plan Amendment /Zone Change 13 -0323 (Ward 4) McIntosh & Associates, representing Urban Land Advisors, LLC, the property owner, has applied for a general plan amendment and zone change on 130.30 acres located south of Seventh Standard Road, between the future Allen Road and future Jewetta Avenue. 1. Resolution adopting a Negative Declaration. 2. Resolution approving the general plan amendment changing the land use designation from LMR (Low Medium Density Residential) and SR (Suburban Residential) to LR (Low Density Residential) on 130.30 acres. 3. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district A (Agriculture) and E (Estate) to R -1 (One Family Dwelling) on 130.30 acres. RECOMMENDATION: Staff recommends adoption of resolutions and first reading of the ordinance. BACKGROUND: The proposal would allow for the development of approximately 450 single - family dwelling units on the 130.30 -acre project site. In 1997, the current land use designations were approved by Kern County Board of Supervisors as part of an amendment to the Metropolitan Bakersfield General Plan. The proposed general plan land use designation allow up to approximately 710 dwelling units. According to the project applicant, however, due to the topography, physical constraints of neighboring approved maps with local roads, existing canals, oil wells, and planned rights -of -way, only about 450 dwelling units are expected to be built on the project site. At the time the property is developed, it will be subject to the City's policy for "Complete Streets," which requires that all transportation facilities for bicyclists, pedestrians, transit and motorists be considered. Primary vehicle, bicycle and pedestrian access to the site will be via north /south Shane Street (Collector) bisecting the property, east /west Etchart Road (Collector) on the southern end of the property and proposed local roads on the project site. All sidewalks and pedestrian access throughout the development will be required in accordance with City standards. There are currently no GET bus routes that run along the project site; however, when ADMINISTRATIVE REPORT Page 2 project streets and surrounding streets are fully developed, standard bus bays may be located at nearby intersections if designated as a bus route by GET. The City's Bikeway Master Plan does not designate bike routes in the project vicinity. The closest designated bike route is Seventh Standard Road as a Class 3 facility (bike route with posted signs, no marked lanes); however, bike lanes or routes currently do not exist. The Traffic Engineer will evaluate if bike lane striping should be installed along project street frontages or delayed if their installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes along streets with connections to the existing bikeway network. The project site is currently under agricultural production and includes active oil wells. The surrounding properties are either vacant or under agricultural production. However, the surrounding land use designations are not agricultural. The land use designation to the west and south is suburban residential, to the east (on the other side of the Calloway Canal) is low density residential, and to the north is low medium density residential and general commercial. There are existing rural homes built to the south of the project site. There are approved tracts for single - family housing located both to the east (4.96 units /net acre) and west (4.06 units /net acre) of the project site and an application for a new tract (3.5 units /net acre) is currently being processed for suburban single - family homes with a minimum lot size of 10,000 square feet to the south. All of the approved and pending tracts are within the City limits. The proposed project site will require annexation into the City. The Planning Commission conducted a public hearing on this general plan amendment /zone change on December 5, 2013, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. Both the existing and proposed land uses allows for urban development. The proposed project changes the use from mostly a very low County residential density use to higher residential density with single - family homes typically found in an urban (City) environment. The proposed low density residential is compatible with the surrounding urban commercial and residential uses. The Metropolitan Bakersfield General Plan encourages the intensification of land use that maintains continuity of existing development. The proposal would provide housing to support the planned commercial uses along Seventh Standard Road. The proposed site is between higher density uses to the north and lower density to the south creating a mixed land use setting. There are increasing urban density uses closer to Seventh Standard Road, which is consistent with General Plan policy because it serves as a major transportation corridor and entrance into the City of Bakersfield. The general plan encourages a variety of residential types and densities in close proximity to the planned commercial centers along Seventh Standard Road. Therefore, staff is recommending approval of the request subject to conditions and mitigation measures. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on October 31, 2013, in accordance with CEQA. CG: S: \GPAs \GPA 1st 2014\ 1 3-0323\Staff Reports \GPA -ZC Approval 1st Reading.docx MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar Hearings ITEM: 01. d TO: Honorable Mayor and City Council APPROVED Ar FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD UqA CITY ATTORNEY DATE: January 22, 2014 CITY MANAGER 1�& SUBJECT: General Plan Amendment /Zone Change 13 -0251 (Ward 3) McIntosh & Associates, representing Mt. Vernon Properties, LLC, the property owner, has applied for a general plan amendment and zone change on 56.66 acres located between Highway 178 and Highland Knolls Drive, west of Morning Drive. Resolution adopting a Negative Declaration. 2. Resolution approving the general plan amendment changing the land use designation from LR (Low Density Residential) and HMR (High Medium Density Residential) to GC (General Commercial) and OC (Office Commercial) on 56.66 acres. 3. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -1 (One Family Dwelling) to CO (Professional and Administrative Office) and C -2 (Regional Commercial) on 56.66 acres. RECOMMENDATION: Staff recommends adoption of resolutions and first reading of the ordinance. BACKGROUND: The applicant is requesting an amendment to the Metropolitan Bakersfield General Plan Land Use Element and City of Bakersfield Zoning Ordinance for the future construction of an office and retail commercial center on the 56.66 -acre project site. The project will include approximately 318,859 square feet (gross leasable area) of office space on the site's western 30.86 acres and 239,689 square feet (gross leasable area) of retail commercial space on the eastern 25.80 acres. The project site is located in northeast Bakersfield and bounded by State Highway 178 to the north, Highland Knolls Drive to the south and Morning Drive to the east. Primary access to the site will be from Highland Knolls Drive via Morning Drive. Highland Knolls Dive is designated as a collector segment on the Circulation Map. At present, Highland Knolls Road exists as a two -lane undivided roadway that ends proximately 'A mile east of Fairfax Road; however, construction is ADMINISTRATIVE REPORT Page 2 currently underway to extend Highland Knolls Drive to Morning Drive. The new interchange project at State Highway 178 (SR 178) and Morning Drive is also under construction. This interchange project includes the widening of both SR 178 and Morning Drive and the addition of auxiliary lanes to eastbound and westbound lanes of SR 178 between the Fairfax interchange and Canteria Drive. These roadway improvements will provide the road system and connections necessary for developing the surrounding area. The project site is surrounded by vacant land with planned residential subdivisions to the south and east; Highway 178 to the north, and single - family and multiple - family development to the west. There is also vacant commercial -zoned property to the northeast which has received development approval to construct a new medical center (known as the Rio Bravo Medical Center). When completed, the medical center will include four separate medical office buildings, an Ambulatory Surgery Center and a Cancer Imaging Center. Access to the medical facility will be via Morning Drive. The proposed office /retail commercial use is compatible with the surrounding residential uses and the developing medical facility to the northeast. The Metropolitan Bakersfield General Plan encourages the intensification of land use that maintains continuity of existing development. According to the adopted Bikeway Master Plan, the nearest designated Class 2 facilities (bike lanes) are at Fairfax Road and College Avenue. Class 2 bike lanes currently exist along the portions of Fairfax Road where development has occurred. College Avenue consists of developed and undeveloped areas; however, no bike lanes have been constructed within the general area. The Traffic Engineer will evaluate if bike lane striping should be installed or delayed if its installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes along streets with connections to the existing bikeway network. There is currently one GET bus route (Route 41) that travels along Fairfax Road (approximately one mile west of the project site). Bus Route 41 is a north /south route with end points at Bakersfield College and Valley Plaza. The Planning Commission conducted a public hearing on this general plan amendment /zone change on December 5, 2013, and recommended approval to the City Council. Commissioners Kirschenmann, Lomas, Dodgin and Strong voted for approval and Commissioners Tkac and Wade were absent. No individuals or agencies present at the hearing opposed the request. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on October 30, 2013, in accordance with CEQA. DL: \S: \GPAs \GPA 1st 2014\ 13-025 1 \Admin Staff Reports \GPA -ZC Approval 1st Reading.doc MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar Hearings ITEM: q. e. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD FROM: Douglas N. Mclsaac, Community Development Director nA' CITY ATTORNEY DATE: December 17, 2013 CITY MANAGER SUBJECT: General Plan Amendment /Zone Change 13 -0292 (Ward 4) Pinnacle Civil Engineering, Inc., representing Crystal Farms, the property owner, has applied for a general plan amendment and zone change on 41.40 acres located on the south side of Reina Road, between Santa Fe Way and Renfro Road. 1. Resolution adopting a Negative Declaration. 2. Resolution approving the general plan amendment changing the land use designation from R -IA (Resource- Intensive Agriculture) to LMR (Low Medium Density Residential) on 41.40 acres. 3. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from A (Agriculture) to R -2 (Limited Multiple Family Dwelling) on 41.40 acres. RECOMMENDATION: Staff recommends adoption of resolutions and first reading of the ordinance. BACKGROUND: The applicant is requesting an amendment to the Metropolitan Bakersfield General Plan Land Use Element and City of Bakersfield Zoning Ordinance for the future construction of 250 single - family dwelling units on 41.40 gross acres. The applicant's .proposal is limited to a maximum of 250 dwelling units because construction of the site will also require dedication of rights -of -way along Reina Road and Renfro Road (proposed extension), landscape easements, fill slopes and a 100 foot wide easement for the Burlington Northern Santa Fe (BNSF) Railway, which is expected to reduce the developable area to approximately 30 net acres. Considering the reduction in buildable area, the project will be constructed at a density of 9.68 units per acre which is consistent with the R -2 zoning and proposed LMR density. The site is designated for agricultural uses and classified as Prime Farmland in the Kern County Important Farmland Map, 2008. However, the site is currently fallow and has been farmed only twice in the past decade (2007 & 2012) due mainly to the lack of any on -site water source. During the time the site was being farmed, water was supplied by neighboring property to the ADMINISTRATIVE REPORT Page 2 north. That water source is no longer available making farming of the site infeasible. The project is within the developing northwest portion of Bakersfield. Tract 6453 abuts the project site to the east and is currently in being constructed. The extension of Renfro Road from Reina Road to Vega Meadows Road is also being completed with the final phase of Tract 6453. All properties to the north are in the City of Bakersfield and designated for future residential development or in the process of tract approvals. Property to the east and south includes existing or developing residential homes. Property to the west consists of mostly agricultural lands and the BNSF Railway and Santa Fe Way. The proposal is compatible with surrounding development and is a logical extension of urban development. Primary access to the site is yet to be determined, but will likely occur from Renfro Road (an arterial roadway) near Vega Meadows Road, at the site's southern boundary. Currently, Renfro Road has a non - constructed gap between Santa Fe Way and Reina Road; however, this portion of roadway would be constructed with development of the proposed project. Renfro Road is also planned to be the future grade separation for the Burlington Northern Santa Fe Railway (BNSF) at the intersection of Renfro Road and Santa Fe Way. This grade separation is anticipated to be 40 to 45 feet above the existing BNSF Railway tracks with earthen filled slopes on both east and west approaches. The City's Bikeway Master Plan identifies Renfro Road and Allen Road as Class 2 facilities (bike lanes). Bike lanes currently exist along the portion of Renfro Road where property has developed. Along the undeveloped areas, lane striping will be required with the construction of street improvements at both Renfro and Allen Roads. However, the Traffic Engineer will evaluate if striping should be delayed if its installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes along streets with connections to the existing bikeway network. There is one GET bus route (Route 84) servicing northwest Bakersfield. Route 84 begins at the Downtown Transit Center and ends at the southwest corner of Olive Drive and Allen Road, approximately one mile from the project site. GET will evaluate ridership and determine when extension of bus routes would occur. The Planning Commission conducted a public hearing on this general plan amendment /zone change on December 5, 2013, and recommended approval to the City Council. Commissioners Kirschenmann, Lomas, Dodgin and Strong voted for approval. Commissioners Tkac and Wade were absent. No individuals or agencies present at the hearing opposed the request. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on November 5, 2013, in accordance with CEQA. DL:\ S: \GPAs \GPA 1st 2014\ 1 3-0292\Admin SR \GPA -ZC Approval 1st Reading.doc MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar Hearings ITEM: 9. f, TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD CITY ATTORNEY DATE: January 22, 2014 CITY MANAGER SUBJECT: General Plan Amendment 13 -0360 (Ward 5) McIntosh & Associates, representing Castle & Cooke Commercial -CA, Inc., the property owner, has applied for a general plan amendment and a West Ming Specific Plan amendment to change the planned circulation of a major road and multi - purpose trail. Resolution approving the general plan and specific plan amendments changing the planned circulation of a major road and multi - purpose trail, as shown on attached map. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The applicant is requesting an amendment to the Metropolitan Bakersfield General Plan Circulation Element and the West Ming Specific Plan (WMSP). The applicant proposes to change the planned circulation of a major road and multi - purpose trail as well as add a new roundabout within the revised right -of -way. There are various planned roundabouts throughout the WMSP. The project proposes moving the location of a local collector street and corresponding multi - purpose trail to add secondary access to Ming Avenue from the West Ming development project. The WMSP was adopted in August of 2007 and serves as the governing planning document for the project area as well as providing the zoning designations and development standards. The WMSP includes residential, commercial, town center commercial and mixed use, special uses (as allowed within the Special Use District), and 56 acres of public parks. The circulation system consists of roadways, trails, and pedestrian access designed to facilitate pedestrian - friendly neighborhoods with concepts that include narrower streets, shorter blocks, canopy street trees, roundabouts, neck downs and chokers that are utilized to calm traffic and achieve this vision. The trail system provides access to the various elements of the community, including the Town Center, parks, and local schools. Bicycle and pedestrian access throughout the project area is an important element in the design concept for the Specific Plan. The trails provide for alternative transportation and recreational opportunities. Most of the trails are located within the right of way of major streets and are incorporated in the street section. ADMINISTRATIVE REPORT Page 2 The currently proposed project is to amend the circulation of a local collector and multi- purpose trail in order to provide secondary access to Ming Avenue. The City's Traffic Engineer has reviewed the proposed project and states the proposed changes will not create any additional traffic impacts beyond what was approved in the EIR for West Ming Specific Plan. At the time the property is developed, it will be subject to the City's policy for "Complete Streets," which requires that all transportation facilities for bicyclists, pedestrians, transit and motorists be considered. Primary vehicle, bicycle and pedestrian access to the site will be via Ming Avenue (Arterial) and planned roads on the project site, as designated by the WMSP. All sidewalks and pedestrian access throughout the development will be required in accordance with City and Specific Plan standards. There are currently no GET bus routes that run along the project site; however, when project streets and surrounding streets are fully developed, standard bus bays may be located at nearby intersections if designated as a bus route by GET. The City's Bikeway Master Plan designates bike routes in the project vicinity on nearby arterial roadways. The WMSP also includes multi - purpose trails throughout the project area along major roadways and a multi - purpose trail which bisects the West Ming project. There are two planned trail connections to the existing Kern River Bike Path. As a currently undeveloped area, bike lanes or routes in the WMSP currently do not exist. The Traffic Engineer will evaluate if bike lane striping should be installed along project street frontages or delayed if their installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes along streets with connections to the existing bikeway network. The project site is currently under agricultural production. The land use is currently West Ming - Low Density Residential. The surrounding properties are either vacant or under agricultural production. However, most surrounding land uses are not agricultural uses. The area is part of Bakersfield's growing urban community. Directly north is the Kern River which still has some agricultural use directly south of the river. The land uses surrounding the project area is low density residential, with medium and high densities to the south and already developed residential to the east. Along the western boundary of the WMSP is the future West Beltway. There are pending parcel maps in the southeast corner of the WMSP as well as approved and pending site plans for apartments in the special use district and an office building near the corner of Bolthouse Drive and Buena Vista Road. The State CEQA Guidelines have been followed in the evaluation of the environmental effects of this project. Staff has determined that the proposed project could not have a significant effect on the environment, nor additional impacts that were not already mitigated or avoided in the EIR certified for the West Ming Specific Plan. Therefore, the existing certified EIR that was adopted for the West Ming Specific Plan (SCH #2005051055) can be employed for this project in accordance with the California Environmental Quality Act (CEQA). The proposed project includes the same circumstances of the previous project with no change to environmental impacts. The Planning Commission conducted a public hearing on these general plan and specific plan amendments on Thursday, January 16, 2014, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. ADMINISTRATIVE REPORT Page 3 The proposed project slightly modifies the circulation pattern of the West Ming Specific Plan. The proposed circulation is compatible with the surrounding commercial and residential uses. The Metropolitan Bakersfield General Plan encourages safe and efficient motorized, non - motorized and pedestrian traffic movement. The proposal would provide circulation on neighborhood streets to support the planned residential and commercial uses in the WMSP. The proposed project will not change the development standards that are part of the WMSP. All roads will continue to be pedestrian - friendly with concepts that include narrower streets, shorter blocks, canopy street trees, roundabouts, neck downs and chokers that are utilized to calm traffic and achieve this vision. Therefore, staff is recommending approval of the request. CG \S: \West Ming Specific Plan \Amendments\ 13- 0360 \GPA -ZC Approval lst Reading.doc MEETING DATE: February 12, 2014 AGENDA SECTION: Consent Calendar Hearings ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD CITY ATTORNEY DATE: January 22, 2014 CITY MANAGER SUBJECT: General Plan Amendment 13 -0361 (Ward 5) Woodbridge Pacific Group, representing Sierra Oaks Partners, LLC, the property owner, has applied for a general plan amendment and a West Ming Specific Plan amendment to change the planned circulation of major roads and multi - purpose trails. 1. Resolution approving the general plan and specific plan amendments changing the planned circulation of major roads and multi - purpose trails, as shown on attached map. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The applicant is requesting an amendment to the Metropolitan Bakersfield General Plan Circulation Element and the West Ming Specific Plan (WMSP). The applicant proposes to change some of the planned circulation of major roads and multi - purpose trails. The project proposes moving the location of two local collector streets and corresponding multi - purpose trails to create a more realistic circulation pattern for future housing development. The WMSP was adopted in August of 2007 and serves as the governing planning document for the project area as well as providing the zoning designations and development standards. The WMSP includes residential, commercial, town center commercial and mixed use, special uses (as allowed within the Special Use District), and 56 acres of public parks. The circulation system consists of roadways, trails, and pedestrian access designed to facilitate pedestrian - friendly neighborhoods with concepts that include narrower streets, shorter blocks, canopy street trees, roundabouts, neck downs and chokers that are utilized to calm traffic and achieve this vision. The trail system provides access to the various elements of the community, including the Town Center, parks, and local schools. Bicycle and pedestrian access throughout the project area is an important element in the design concept for the WMSP. The trails provide for alternative transportation and recreational opportunities. Most of the trails are located within the right of way of major streets and are incorporated in the street section. ADMINISTRATIVE REPORT Page 2 The currently proposed project is to amend the circulation of local collectors and multi - purpose trails. This includes relocating two roundabouts and adding four additional roundabouts; one roundabout located on the east -west collector and three roundabouts on the new Campus Park Drive and Windermere Street alignment. The City's Traffic Engineer has reviewed the proposed project and states the proposed changes will not create any additional traffic impacts beyond what was approved in the EIR for West Ming Specific Plan. The Fire Department also reviewed the request and had no comments on the additional roundabouts. At the time the property is developed, it will be subject to the City's policy for "Complete Streets," which requires that all transportation facilities for bicyclists, pedestrians, transit and motorists be considered. Primary vehicle, bicycle and pedestrian access to the site will be via Campus Park Drive (Collector). Allen Road (Arterial) and planned roads on the project site, as designated by the WMSP. All sidewalks and pedestrian access throughout the development will be required in accordance with City and Specific Plan standards. There are currently no GET bus routes that run along the project site; however, when project streets and surrounding streets are fully developed, standard bus bays may be located at nearby intersections if designated as a bus route by GET. The City's Bikeway Master Plan designates bike routes in the project vicinity on nearby arterial roadways. The WMSP also includes multi - purpose trails throughout the project area along major roadways and a multi - purpose trail which bisects the West Ming project. There are two planned trail connections to the existing Kern River Bike Path. As a currently undeveloped area, bike lanes or routes in the WMSP currently do not exist. The Traffic Engineer will evaluate if bike lane striping should be installed along project street frontages or delayed if their installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes along streets with connections to the existing bikeway network. The project site is currently under agricultural production. The land use is currently West Ming - Low Density Residential and West Ming - High Medium Density Residential. The surrounding properties are either vacant or under agricultural production. However, most surrounding land uses are not agricultural uses. The area is part of Bakersfield's growing urban community. The land uses surrounding the project area are all part of the WMSP and include low, medium and high densities to the north, east and west. To the south are special and office uses. On the east side of Buena Vista Road there is already developed residential. Along the western boundary of the WMSP is the future West Beltway. There are pending parcel maps in the southeast corner of the WMSP as well as approved and pending site plans for apartments in the special use district and an office building near the corner of Bolthouse Drive and Buena Vista Road. The State CEQA Guidelines have been followed in the evaluation of the environmental effects of this project. Staff has determined that the proposed project could not have a significant effect on the environment, nor additional impacts that were not already mitigated or avoided in the EIR certified for the West Ming Specific Plan. Therefore, the existing certified EIR that was adopted for the West Ming Specific Plan (SCH #2005051055) can be employed for this project in accordance with the California Environmental Quality Act (CEQA). The proposed project includes the same circumstances of the previous project with no change to environmental impacts. ADMINISTRATIVE REPORT Page 3 The Planning Commission conducted a public hearing on these general plan and specific plan amendments on Thursday, January 16, 2014, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. The proposed project modifies the circulation pattern of the West Ming Specific Plan. The proposed circulation is compatible with the surrounding commercial and residential uses. The Metropolitan Bakersfield General Plan encourages safe and efficient motorized, non - motorized and pedestrian traffic movement. The proposal would provide circulation on neighborhood streets to support the planned residential and commercial uses in the WMSP. The proposed project will not change the development standards that are part of the WMSP. All roads will continue to be pedestrian - friendly with concepts that include narrower streets, shorter blocks, canopy street trees, roundabouts, neck downs and chokers that are utilized to calm traffic and achieve this vision. Therefore, staff is recommending approval of the request. CG \S: \West Ming Specific Plan \Amendments \13 - 0361 \GPA -ZC Approval 1st Reading.docx ADMINISTRATIVE REPORT MEETING DATE: February 12, 2014 AGENDA SECTION: Reports ITEM: p TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director January 30, 2014 APPROVED DEPARTMENT HEAD CITY ATTORNEY..,__ML CITY MANAGER_ Follow Up Responses to Referrals from Councilmember Maxwell (TRIP) (Ward 2): a: One Way Streets in the Downtown Area b: Traffic Counts for 24th Street, Oak Street, Truxtun Avenue and Westside Parkway RECOMMENDATION: Staff recommends the report be received and filed. BACKGROUND: At the January 22, 2014 City Council Meeting, staff provided responses to three items related to the 24th Street Improvement Project that Councilmember Maxwell brought up at the January 8, 2014 City Council meeting. The first item pertained to historic districts, and Councilmember Maxwell indicated the response to that item was sufficient. At Councilmember Maxwell's request, the Council voted at the January 22, 2014 meeting to have the other items brought back for further response, which will be addressed in this administrative report and the related attachments. a. Can staff do a study on establishing a series of one -way streets in the downtown area? At the January 22, 2014 City Council Meeting, Council member Maxwell requested that a map be presented to the Council further describing his proposal for one -way streets in the downtown area. Two aerial maps are attached (Attachment A): a version showing Councilmember Maxwell's proposal, and a version with his proposal, along with the existing one -way streets in the downtown area. A preliminary scope of work along'with a, cost estimate has been developed by Parsons for preparing the traffic study and analysis necessary for this concept, which is attached (Attachment B). The estimated cost for this traffic engineering work is $160,000. If this concept was to.be advanced, the preparation of an environmental document and associated public hearings in accordance with the California Environmental Quality Act (CEQA), community meetings, and associated actions, would all be necessary to provide the public and the affected downtown business and property owners an opportunity to review and comment on the proposal. The traffic engineering work referenced above would be of sufficient detail to be a major component of this environmental document. Tdw: G:\ GROUPDAT \ADMINRPT\2014 \02- 12 \Admin - Maxwell Referrals - 021214 (2)- Rev020714.docx ADMINISTRATIVE REPORT Staff recommends that this concept not be advanced further because of the following reasons: Staff is unaware of any property owners on the proposed one -way streets in the downtown area requesting an interest or need for the conversion of any two -way streets to one -way operation. Staff believes that conversion to one -way streets would cause disruption to ,businesses. The conversion of two -way streets to one -way operation is typically a last resort action, taken to achieve a capacity increase of approximately 10 -15% (an industry rule of thumb). Based on field observations by Traffic Engineering professionals, the traffic level of service on F, H, L, M, 17th and 18th Streets does not warrant the conversion of these two -way streets to one -way operation. The streets in downtown Bakersfield are generally uncongested. • This concept, as proposed, would involve the modification to 26 signalized traffic intersections, including: • changes to traffic signal poles and heads; • alterations to traffic signal detection systems; • removal of and re- striping of 42 blocks of street pavement markings; and • changes to numerous street signage located along these 42 blocks. • In addition, such a project could potentially cause upgrades to pedestrian facilities in order to meet current American with Disabilities Act (ADA) provisions. In combination, these changes would cost millions of dollars, and they are not listed as a qualifying capacity increasing project on the Transportation Impact Fee Program. Therefore, some funding source other than Transportation Development Funds would be required for this project. A recent published. article is attached (Attachment C) which discusses the benefits and disadvantages of one -way streets. The trend in cities across the United States is to convert one -way streets back to their former two -way operation, as both residents and businesses alike generally prefer two -way operation. • The Bakersfield Fire Department is not in favor of the proposed .conversion of two -way streets to one -way operation as it would increase response times, as indicated in the attached memorandum (Attachment D) from the Fire Chief. After the January 22 Council meeting, Councilmember Maxwell requested timing for traffic signals along 23rd and 24th Streets in the downtown area. A table listing these traffic signals and their timing is attached (Attachment Q. Tdw: G:\ GROUPDAT \ADMINRPT\2014 \02 -12 \Adman - Maxwell Referrals - 021214 (2)- Rev020714.docx r = ADMINISTRATIVE REPORT b. What are the traffic counts for 24th Street, Oak Street, Truxtun Avenue and the Westpark freeway. The table below was provided at the January 22, 2014 City Council meeting. The "raw" data collected for the traffic volumes in the table is ;attached (Attachment F). Councilmember Maxwell requested at the meeting that traffic counts be taken for Oak Street, and that he be contacted so that he could be present to observe the personnel and process used to install the traffic counter equipment, as well as the collection of the data after the counts were taken, so that he could have confidence in the traffic count numbers being real and not manufactured. On January 30, 2014, traffic counters were placed at three locations on Oak Street: just south of 24th Street, just north of Truxtun Avenue, and just south of Truxtun Avenue. Councilmember Maxwell was contacted and was present at their installation. The counters were placed by National Data and Surveying Services (NDS), the firm that did the original counts for, the table below. A document listing the credentials and relevant experience for NDS is attached as backup (Attachment G). NDS has been in business for 24 years, has provided their services to many government agencies and jurisdictions, and has a very good reputation for providing professional and trustworthy service in the area of traffic data collection. Collection of the counting equipment was planned for Friday, February 7, 2014. However, one of the equipment installations had been compromised during the previous week, possibly due to a heavy semi - truck; so the collection of data will continue at this location until Tuesday, February 11, 2014. It is not yet known whether the count data from Oak Street will be processed and available for the February 12th City Council meeting. Councilmember Maxwell requested a point of clarification regarding the volume of traffic along 24th Street between Oak and B Street. The following table indicates a daily traffic volume of 57,200 in this segment counted in 2008, versus a count of 52,900 in 20-13, after the opening of the Westside Parkway. Councilmember Maxwell recalled mention of the traffic volumes being 62,000 in 2008, and inquired about the discrepancy. Staff researched the issue and was provided with the following information: The 62,000 daily traffic volume was counted at a location just east of Oak Street, whereas the 57,200 volume was collected at a location between Pine and Cedar Streets. The 2013 counts were also collected at a location between Pine and Cedar Streets. The tree streets to the east of Cedar Street contribute traffic to 24th Street, and traffic counts headed to and from the west are included in the higher volumes observed to the east of Oak Street. COmDarative 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 36,560 N/A Tdw: G:\ GROUPDAT \ADMINRPT\2014 \02- 12 \Admin - Maxwell Referrals - 021214 (2)- Rev020714.docx ADMINISTRATIVE REPORT LIST OF ATTACHMENTS: Attachment A: Aerial map of downtown area with Councilmember Maxwell's concept for one -way streets, and a second map that adds the existing one -way streets in the downtown area to this concept Attachment B: Preliminary scope of work and fee for traffic analysis for Councilmember Maxwell's downtown one -way street concept Attachment C: Article titled "Two -Way Street Network: More Efficient than Previously Thought ?" by Vikash V. Gayah Attachment D: Memorandum dated January 31, 2014 from Fire Chief Douglas R. Greener regarding Councilmember Maxwell's downtown one -way street concept Attachment E: Email from Councilmember Maxwell dated February 3, 2014 with response (table) regarding traffic signal timing for 23rd and 24th Streets Attachment F: Traffic volume data from traffic counts taken Thursday, October 24, 2013 through Wednesday, October 30, 2013 for various streets in the 24th Street project area Attachment G: Credentials and relevant experience for National Data and Surveying Services (NDS), the firm providing services for the collection of traffic count data Attachment H: Email from Councilmember Maxwell dated February 3, 2014 requesting presentation to demonstrate the traffic signal timing for 23rd and 24th Streets. Staff will provide a brief presentation during the Council Meeting for this item. Tdw: G:\ GROUPDAT \ADMINRPT\2014 \02- 12 \Admin - Maxwell Referrals - 021214 (2)- Rev020714.docx ADMINISTRATIVE REPORT MEETING DATE: February 12, 2014 AGENDA SECTION: Hearings ITEM: // A . TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD W DATE: February 4, 2014 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of the City Council Certifying the Final Environmental Impact Report (FEIR) and Approving the 24th Street Improvement Project (TRIP) (Wards 2 and 3). RECOMMENDATION: Staff recommends adoption of the resolution and approval of the project, and that the project advance to final design. and property acquisition phases followed ultimately by bidding and construction of the project. BACKGROUND: At the City Council meeting of January 22, 2014 the Council heard a staff presentation, the public hearing was opened and public testimony was received. Prior to opening of the hearing, the City Council voted to have this item continued to the February 12, 2014 City Council meeting. The administrative report for this item for the January 22, 2014 meeting is attached to this administrative report (Attachment A) and contains background information for the project. This current administrative report provides updates for responses to public testimony received at the January 22nd meeting as well as for other comments received after the meeting. The comments presented by those speaking as well as written comments staff has received over the past few weeks have been summarized below: Cul -de -sacs: On January 22, 2014, the City Council approved the cul -de -sac projects for A and Spruce Streets and a modification of the resolution regarding approval by the residents. However, staff has subsequently received comments that the cul -de -sacs are part of the 24th Street Widening project and should be included in the FEIR for that project. To clarify, the 24th Street Improvement Project is a separate project, independent of the 24th Street Cul -de -Sacs. The provision of resident- proposed cul -de -sacs along the south side of 24th Street at selected streets is not required, from either a design or operational stand point, and is not necessary to mitigate any 24th Street Improvements Project impacts. As noted in the FEIR, these cul -de -sacs were requested by local residents and mentioned as part of the public comment process. However, they are not required to Tdw: G: \GROUPDAT\ADMINRPT\2014 \02 -12 \24th Street EIR Update REV 1 (3)-020614.docx meet the purpose and need of the 24th Street Improvement Project, or to address any impacts resulting from that Project. Moreover, the California Environmental Quality Act (CEQA) statute and guidelines do not require that the 24th Street Improvement Project (a separate, CEQA action) include the 24th Street Cul -de -sacs Project, as a project component and /or a design feature. The analysis of this as a separate discretionary action is both prudent and appropriate, per CEQA. Sound Walls: • An exhibit has been attached (Attachment B) showing the sound walls. that were proposed in the EIR to be built with the preferred alternative. The exhibit also shows the additional sound walls that did not meet the reasonable and feasible state (Caltrans) and federal (Federal Highways Administration) criteria. However, staff recommended, at the January 22, 2014 Council meeting that the sound walls be built with the project, using local funds. • A comment was made regarding a rendering of a sound wall. Staff would propose that the sound walls for the 24th Street project would be similar in material and quality to those constructed with the Westside Parkway, but with appearances and features consistent with the character of the 24th Street neighborhood. As is being proposed for the landscaping, staff anticipates that community involvement and input would also be used to develop walls meeting these criteria. Traffic: • Councilmember Maxwell requested traffic accident history regarding 241h Street. Attached (Attachment C) is a report provided by the Police Department covering the period from January, 2008 through December, 2013. The report,reflects that there were 322 accidents during that period. This high number demonstrates that this segment of 24th Street has experienced a higher volume of accidents than would typically be anticipated for a similar roadway. Although there are no exact matches for similar streets with the 24th Street volume of traffic in Bakersfield, the following street segments are similar with regard to cross streets and accessing driveways and could be used as a comparison: 1) Auburn Street: Oswell Street to Fairfax Road: 128 collisions 2) Brundage Lane: Oak Street to H Street: 237 collisions 3) Wilson Road: New Stine Road to Real Road: 141 collisions The proposed project, as designed, includes additional travel lanes, paved shoulders, raised median islands, and removal of nearly all left -turn movements, it is anticipated that the safety of the roadway would be greatly enhanced with the project. Tdw: G: \GROUPDAT\ADMINRPT\2014 \02 -12 \24th Street EIR Update REV 1 (3)-020614.docx �1 = ADMINISTRATIVE REPORT A comment was made regarding the feasibility of removing the left -turn lanes from the center of 24th Street and restriping the existing roadway to 6 lanes between Oak and C Streets. The existing roadway, from curb to curb, is 71 feet wide. Using 12 feet wide lanes, 6 feet wide shoulders and a 2 feet wide striped median requires a width of 86 feet, so the roadway as designed with even a minimum striped median cannot fit into the current width. Subtracting one foot for a double yellow striped separation between the eastbound and westbound traffic and then dividing the remaining 70 feet by six lanes would result in 6 lanes of 11.67 feet; this cross section does not meet local, state or federal standards. Since the project would use federal funds, Caltrans and /or the Federal Highways Administration (FHWA) would not approve it in this configuration. Some of the limitations of this concept include: • The outside travel lanes would be using the existing concrete street gutter as part of the travel lane. Concrete street gutters have closely spaced joints and are at a Steeper side slope (to allow for an area for water to collect /travel down) than the adjacent street. These joints and differing slopes would result in an uneven travel surface for vehicles traveling in this outer lane, which would not be safe. Also, if water was in the gutter, traffic in the outer lane could experience hydroplaning. • With the use of federal funds, sidewalks meeting American with Disabilities Act (ADA) standards are required to be constructed as part of the project. With the existing remaining right of way width, sidewalks would need to be installed directly behind the 24th Street curbs. This would result in vehicles traveling very close to any pedestrians walking along this sidewalk. • Opposite directions of traffic would be traveling at a fairly high rate of speed in narrow lanes and separated by only a 1 foot wide double yellow stripe. This would result in a situation where traffic .shies away from the centerline and crowds the inner lanes. It is the opinion of staff that this one -foot of width would not provide a comfortable separation for opposing directions of traffic. • Existing driveways along the north side of 241h Street would remain in place with this concept. Currently, there is a shoulder that cars backing out of driveways can use as a limited refuge area to help with this movement. The concept, as proposed, would remove this area, so vehicles would back out directly into one or two travel lanes. • Vehicles making right -turns turns into driveways and intersecting side streets from the outside lanes of 24th Street would have a difficult time completing this turn without either moving out towards the center lane on 24th Street before starting the turn, or turning into the oncoming lane of traffic on the side street to complete the turn. This would result from the tight turning radius required because the Tdw: G: \GROUPDAT\ADMINRPT\2014 \02 -12 \24th Street EIR Update REV 1 (3)-020614.docx outside lane of 24th Street would be so close to the outer edge of the street. Further, larger vehicles, such as trucks or recreational vehicles, would not be able to stay in their appropriate travel lanes when making a right turn. • A question was asked regarding increasing capacity at traffic signals along 231d and 24th Streets through the downtown portion of the project. Synchronization of the traffic signals along these streets is in process. Also, as part of the 24th Street project, a new traffic signal interconnect system will be installed between M and F Streets. The proposed widening to four lanes in the one -way couplet area will further increase the capacity of the signalized intersections. Staff also responded last year to a previous comment regarding widening only the intersections at Oak Street and in the one -way couplet areas, and not widening the segment of 24th Street through the residential area in between these intersections (see attached memorandum, Attachment D, dated October 30, 2013). ' The congestion of traffic flow due to the reduction of lanes at either end of this segment (from eight lanes to four lanes) results in a "traffic system failure" as referenced in the memo, by trying to "funnel" four lanes of traffic into two lanes. Also, based on the posted speeds for 24th Street and with the resulting required taper lengths needed to add and /or reduce lanes at either end of this residential segment, the resulting length of the remaining four lane un- widened portion of 241h Street would only be about 3 blocks long. Therefore, additional widening through most of the residential area would still be needed even with this non - operational concept. • Following the January 22nd meeting, staff received a call from the Red Door Interiors business requesting a similar loading zone accommodation as staff had proposed for the Cecilia's Furniture business next door to them. Staff reviewed the location and believes a similar accommodation can be made for this business_ An exhibit showing a concept for this loading area has been attached (Attachment E). Pedestrian Crossing in Residential Area: The pedestrian crossing of 24th Street at A Street was also discussed at the January 22nd City Council meeting. Though not a normal practice that is usually recommended, in this particular case, staff recommends that a pedestrian activated traffic signal, synchronized to the extent possible with the traffic signals in the one -way couplet area of 23rd and 24th Streets, be installed as part of the 24th Street Improvement project. Advance warning devices for this pedestrian traffic signal would be included as part of the installation. Cultural - Historic Districts: • Correspondence was received questioning the validity and completeness of the Cultural portion of the FEIR and in particular, the conclusions in the Historic Property Survey Report Tdw: G: \GROUPDAT\ADMINRPT\2014 \02 -12 \24th Street EIR Update REV 1 (3)- 020614.docx 1l illllllll; r/rr-r ADMINISTRATIVE REPORT (HPSR) and the Historic Resources Evaluation Report (HRER), primarily because of not discussing a prior road widening of 24th Street. The cumulative effects of a past public road project undertaken decades ago on some nearby residential properties has no substantive bearing on the comprehensive architectural history survey undertaken for this project. The issue of previous encroachment on abutting residential properties due to past widening on 24th Street does not affect the overall conclusions on the significance of either of the two historic properties, the Historic District North of 24th Street and the Historic District South of 24th Street, both of which were identified as eligible for the National Register of Historic Places for purposes of this project only. There was also a comment that Caltrans staff had been non - responsive to the calls regarding adequacy of these documents, However, Caltrans Historian Phillip Vallejo recently met with this commenter in Bakersfield and discussed the issues summarized above, and he then subsequently shared those concerns with other historic experts involved with the Project. After due consideration of the concerns expressed concerning the historic property studies by cultural resources professionals and CEQA attorneys, it was concluded that the existing documentation was adequate and legally compliant. Kern River Parkway Area: • Concern was expressed regarding the secondary flood plain area of the Kern River and the affects the project might have on those areas and the Kern River Parkway, and the need to replace fencing and replace trees at a 3:1 level in these areas affected by the project. The project makes no changes to the 24th Street or State Route 99 bridge structures over the Kern River, nor does it have any identified impacts to the Kern River Parkway. No landscaping changes or fencing removals or changes within the Kern River Parkway are anticipated with the project. Aesthetics: • There were some comments regarding landscaping. The landscaping will be designed by Parsons separately from the roadway final design, but will be added to the bidding for the construction of the project. The landscaping will be based on the conceptual designs presented by Roland Genick, the landscape architect for Parsons, at the January 22, 2014 City Council meeting and would involve extensive community input and involvement. There will be many minor details that are addressed during final design of the project, and staff anticipates an active community involvement program would be established regarding both project design, as well as construction. Tdw: G: \GROUPDAT\ADMINRPT\2014 \02 -12 \24th Street EIR Update REV 1 (3)-020614.docx ADMINISTRATIVE REPORT Additional Questions from Councilmember Maxwell: Councilmember Maxwell submitted numerous questions, both before and after the January 22, 2014 City Council meeting, regarding various items related to the 24th Street Widening Project. Those questions and their responses are attached to this Administrative Report and include: Email request dated February 3, 2014 (Attachment F) regarding restriping of 24th Street to 6 lanes (see response to public comment above), expenditure of Federal funding on the project to date and costs (based on conservative Caltrans /FHWA cost estimate requirements), and a request for staff to provide a review and demonstrate an understanding of the reasons the authors of a paper pertaining to road congestion proclaim the views they have and why they would not apply to the 24th Street Widening Project. • Email request dated January 29, 2014 (Attachment G) regarding historical costs of resurfacing 24th Street. Staff is awaiting response data from Caltrans (have requested twice from Caltrans)., • Email request dated January 24, 2014 (Attachment H) and attached list of questions regarding the 1986 178 Corridor Traffic Study staff mentioned during the Council meeting. • Request for maps of all three alternatives (including No Build) without an aerial background (as requested by Councilmember Maxwell at the January 22,, 2014 City Council meeting). Eight copies of these maps have been provided to Councilmember Maxwell per his request. • Request for additional accident history (Attachment 1) relating to identifying the causes of accidents previously provided for 241h Street in the project area. • Referral No. 436 dated December 4, 2013 and subsequent email Dated December 13, 2013 (Attachment J) with additional measurements both regarding the width of Truxtun Avenue from east of the train trestle to Empire Drive. Councilmember. Maxwell has referred to this as an example that could be used for 24th Street. However, this stretch of Truxtun Avenue is dissimilar to the proposed widening segment of 24th Street through the residential area as Truxtun has access control through this stretch, and so does not have any driveways or side street intersections. Also, the Kern River bike path is adjacent and parallel to Truxtun Avenue and so no shoulders or bike lanes are provided for along this stretch. In addition, at the intersection with Empire Drive, widening has occurred to allow for dedicated lanes for both eastbound left- turning and right - turning traffic, and the widths noted on the referral are outside of this widened portion. It should also be noted that CEQA only requires that one hearing be held for this type of environmental document. The hearing on the February 12, 2014 Council agenda is actually the Tdw: G: \GROUPDAT\ADMINRPT \2014 \02 -12 \24th Street EIR Update REV 1 (3)- 020614.docx 1 ADMINISTRATIVE REPORT third hearing held by the City, and the fourth, overall, including the Caltrgns hearing, regarding the environmental document for this project. The hearings are in addition to the many community meetings and "one on one" sessions staff has held with various residents over the past several years. These additional opportunities for public input were conducted to allow as much involvement with the community as possible, and to provide as much transparency to the project and the environmental process. If the Final Environmental Impact Report is certified and the project is approved by the City Council on February 12th, the professional services contract to complete final design of the improvements would follow and property acquisition efforts would begin. Bidding and the start of construction of the project would then be anticipated to be in mid -2015. LIST OF ATTACHMENTS: Attachment A: January 22, 2014 City Council Administrative Report and Backup for Item 10 a. (Resolution Certifying the 24th Street Widening FEIR and Approving the Project) Attachment B: Sound Wall Exhibit Attachment C: Traffic Accident History for 24th Street from January 2008 to December 2013 Attachment D: Memorandum dated October 30, 2013 regarding taper analysis for lane reduction on 24th Street as proposed by Councilmember Maxwell Attachment E: Red Door Interiors Loading Area Exhibit Attachment F: Email from Councilmember Maxwell dated February 3, 2014 with responses for three questions pertaining to 24th Street Widening Project Attachment G: Email request dated January 29, 2014 regarding historical costs of resurfacing 24th Street. Attachment H: Email from Councilmember Maxwell dated January 24, 2014 with responses regarding the SRI 78 Corridor Study prepared in 1986 Attachment I: Accident data requested by Councilmember Maxwell regarding the identification of causes of accidents previously provided for 24th Street Attachment J: Referral No. 436 dated December 4, 2013 and email Dated December 13, 2013 with additional measurements both regarding the width of Truxtun Avenue from east of the train trestle to Empire Drive. Tdw: G: \GROUPDAT\ADMINRPT\2014 \02 -12 \24th Street EIR Update REV 1 (3)-020614.docx A OFypow�,r S ADMINISTRATIVE REPORT C ra IFO MEETING DATE: February 12, 2014 AGENDA SECTION: New Business ITEM: it TO: Honorable Mayor and City Council FROM: Rhonda Smiley, Assistant to the City Manager DATE: February 4, 2014 SUBJECT: Electronic Agenda Management G 3 **—T * 7 15 L �. 1 4 :1 0 7_ 1 C* 1 i i 1) Staff recommends: APPROVED DEPARTMENT HEAD CITY ATTORNEY v CITY MANAGER a) Implementation of an electronic /paperless agenda management system for preparation and distribution of City Council agendas. b) Acquisition of the NovusAgenda software program, at an initial cost of $12,150.00, including training and installation. There will be annual recurring costs of approximately $7,950.00 after the first year of implementation. X- 101&1,T,0P1:1III In 2013, Councilmember Hanson requested that staff investigate the possibility of using iPads to reduce the amount of paper used for City Council agenda packets. In response to his referral, staff has undertaken considerable research on the use of electronic / paperless agenda management systems, including the practices of other public agencies, as well as the technical issues and other concerns that need to be considered. The use of electronic agenda management systems to prepare and distribute agenda materials is becoming increasingly prevalent among public agencies. Responses from our ten comparable survey cities indicate that seven of them are currently utilizing some form of electronic agenda management and one is actively considering it. Agenda Preparation and Distribution - Current Process The current method used for preparation of City Council agenda packets, from preparation, signature approval, and compilation of the administrative reports to completion of the final agenda packet, is done in hard copy form. When the completed agenda packet, including all the administrative reports and related back up documents, has received final approval from the City Manager's Office, it is sent to an outside service for printing, at an approximate annual cost of $8,900.00. ADMINISTRATIVE REPORT When the documents are received from the printer, the City Clerk's staff inserts the printed material into binders which are subsequently distributed to the City Council and staff. A total of 25 binders are produced and distributed to the City Council, City Clerk's Office (including three public packets), the City Manager's Office, City Attorney, and department heads. In addition, the City Clerk's staff scans the entire agenda packet in order to create the PDF document that is posted to the City's webpage for availability to the public. Aaenda Preparation and Distribution - Proposed Process Staff proposes to implement a specialized agenda management software that will allow for a more efficient method of preparation and compilation of the administrative reports and back up documentation, and distribution of the agenda. As a summary of the major advantages: • The new process will eliminate the submittal of hard copy documents, and the printing of numerous agenda packets. • The agenda and related documents will be posted on the City's website for access by the Council, staff, and the public. • The posted document will be more user - friendly than the current PDF version. • It will allow users to access the agenda using any device that has internet access and no additional software will be needed to view or search through the document. • The software also has a feature for preparation of the minutes. Given the greater efficiencies of electronic agenda preparation as compared to our current method, staff is proposing the purchase and implementation of the NovusAgenda software program. After a comprehensive review of the products that are available, including cost, compatibility with the City's computer system, program and customer support, and the reliability of the vendor, staff has concluded that NovusAgenda is the most suitable product to meet the City's requirements. It has been in existence for over 14 years and is currently used by 16 public agencies in California and over 270 agencies nationwide. An additional benefit is that Novus Agenda provides a "pilot program ", whereby we will be able to try out the system for two full agenda cycles before we make a final decision to purchase it. Cost: The initial cost to implement the program is relatively inexpensive, at $12,150.00, which includes the software, installation, and training for the first year. Funding has been identified in the FY 2013 -14 budget from savings in the Information Technology Repair and Maintenance account. After the first year, there will be an annual recurring cost for program updates, which is estimated at $7,950.00 and is guaranteed for five years. Thereafter, nominal increases may occur in the annual fee, based on the annual percentage change of the consumer price index (CPI). Upon installation of the new system, and if the period pilot program yields positive results, City staff who currently receive an agenda packet will begin accessing it electronically via the City's website, eliminating the production of at least 15 of the 25 agenda binders. The City Council will have the option of receiving the agenda electronically or receiving a hard copy version. For those Councilmembers who elect to receive the agenda electronically, staff recommends they use their personal devices to do so. ADMINISTRATIVE REPORT The City Clerk has prepared the attached report which describes the benefits and disadvantages of implementing an electronic management system. It is staff's opinion that the numerous benefits far outweigh the few minor disadvantages, which are primarily related to the initial transition period. Summary Staff recommends implementation of an electronic agenda management system, utilizing the NovusAgenda software. The new process will result in a more efficient agenda preparation process for staff and will provide greater convenience for the Council and the public. In addition, as we expand the system to City Council committees and other City boards, there will be further efficiencies realized in staff time and printing and paper expenses. RKS /RG /JD BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 22, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:34 p.m. ACTION TAKEN 1. ROLL CALL Present: Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan (seated at 3:35 p.m.), Johnson Absent: Mayor Hall 2. PUBLIC STATEMENTS None. 3. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956.9 (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). Motion by Councilmember Hanson to adjourn to APPROVED Closed Session at 3:35 p.m. AB HALL Motion by Councilmember Johnson to adjourn from APPROVED Closed Session at 5:08 p.m. AB HALL 4. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential NO REPORTABLE Litigation; Closed Session pursuant to ACTION Government Code Section 54956.9 (d) (2), (e) (1) (two potential cases). b. Conference with Legal Counsel - Initiation of CITY ATTORNEY WAS Litigation; Closed Session pursuant to GIVEN DIRECTION Government Code Section 54956.9 (d) (4) (one potential cases). Bakersfield, California, January 22, 2014 - Page 2 5. ADJOURNMENT ACTION TAKEN 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. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson (seated at 5:38 p.m.), Sullivan, Johnson Absent: None 2. INVOCATION by Ghurujoda Khalsa, Guru Ram Das Gudwara. 3. PLEDGE OF ALLEGIANCE by Hannah Jimenez, 4th grade student at Douglas Miller Elementary School. Mayor Hall acknowledged the students from the Ridgeview High School Government class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Certificate of Appreciation to Greg Gallion, President and CEO of Houchin Community Blood Bank, honoring the beautification efforts of their facility located at 11515 Bolthouse Drive. Mr. Gallion accepted the Certificate and made comments. Bakersfield, California, January 22, 2014 - Page 3 4. PRESENTATIONS continued ACTION TAKEN b. Presentation by Mayor Hall of a Proclamation to Patricia Davis, Assistance League President, declaring February 19, 2014, Assistance League of Bakersfield Day. Ms. Davis accepted the Proclamation and made comments. 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. Coach Golla accepted the plaque from Vice -Mayor Weir, as well as a gift certificate from Councilmember Maxwell, and made comments. Mayor Hall and Councilmembers Johnson, Sullivan, Smith, and Rivera expressed appreciation and congratulations to the football players on their accomplishment. 5. PUBLIC STATEMENTS a. David Cates, President of the Fox Theater Foundation, spoke regarding the Air Force Band of the Golden West event on February 16th at the Fox Theater, and submitted written material. b. The following individuals spoke in support of Deferred Business Item l l .a. regarding revising the requirements to qualify for cul -de -sacs on Beech, Myrtle, Spruce, Pine, Cedar, A, B, and C streets, south of 24th Street: Dominique Minaberrigarai, Cheryl Miller, Jay Gauthier, Tony O'Brien, Karel Pfeffer, Mike Mariani, Cindy Meek, Wayne Kress, Bob Coons, Robert Massey, and Jacob Morse. C. Phil Rudnick, owner of Airport Valet Express, spoke regarding the Support Our Freedom Troops event on February 5th, at 201 New Stine Road, Suite 350; and submitted written material. 6. WORKSHOPS None. 7. 8. Bakersfield, California, January 22, 2014 — Page 4 APPOINTMENTS None. 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 Caf6s. d. Resolution supporting Governor's declaration of a State of Emergency due to water shortage. 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: 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. 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. ACTION TAKEN RES 012 -14 RES 013 -14 ROI 1771 AGR 14 -012 AGR 14 -013 8. Bakersfield, California, January 22, 2014 — Page 5 CONSENT CALENDAR continued ACTION TAKEN h. Three -party agreement with San Joaquin Valley AGR 14 -014 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). Bids: Amendment No. 1 to Agreement No. 13 -104 AGR 13- 104(1) with the Kern High School District to lease property at 1417 H Street. Accept bid and a AGR 14 -015 p approve contract with Loop Electric, Inc. ($134,510), for the Traffic Signal & Lighting System Installation on Stine Road at Woodmere Drive Project. Miscellaneous: 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) 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. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Items 8.a. through 8.m. 9. Ilia Bakersfield, California, January 22, 2014 - Page 6 CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN 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 RES 014 -14 Major Planned Thoroughfare Area and making findings thereto. 2. Adoption of Ordinance amending ORD 4762 Subsection F of Section 16.32.060 of the Municipal Code relating to Bridge Crossings and Major Thoroughfares. (FR 01 /08/ 14) b. Public Hearing to consider a Resolution RES 015 -14 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 Mill Creek Courtyard. (Staff recommends adoption of the resolution) Consent Calendar Public Hearings opened at 6:10 p.m. No one spoke. Consent Calendar Public Hearings closed at 6:10 p.m. Motion by Vice -Mayor Weir to adopt Consent Calendar Public Hearings items 9.a. and 9.b. APPROVED HEARINGS a. Public Hearing to consider a resolution certifying the Final Environmental Impact Report and approving the 24th Street 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. Bakersfield, California, January 22, 2014 — Page 7 10. HEARINGS continued ACTION TAKEN Item 10.a. continued City Clerk Gafford announced that a staff memorandum was received correcting the Council Ward designation from Ward 4 to Ward 3; e -mails were received from Anne and Jerry Seydel, Fred and Michele Chynowith, and Pamela McNemar; correspondence was received from Scott Kuney, Vanessa Vangel, and Darlene Vangel; in addition, petitions were submitted by Vanesas Vangel containing 625 signatures in opposition. Motion by Councilmember Maxwell to hear the staff APPROVED presentation for the widening of the 24th Street EIR, take public comments and open it to anyone who is here that would like to speak, and that everyone that is here that wants to speak will also have the opportunity to come back on February 12, 2014, as this Hearing will be continued until then, and at that time Council will make a final consideration and decision. City Manager Tandy made staff comments and introduced Public Works Director Rojas, who made additional staff comments and provided a PowerPoint presentation relative to the CEQA Hearing for Certification of the Environmental Impact Report. Roland Genick, head of Parsons Transportation Group's Urban Design Department, made comments regarding the landscape improvements and provided a PowerPoint presentation. City Manager Tandy advised that on February 12th, staff will be recommending support of the Certification of the EIR and proceeding with the project, and encouraged any questions from the audience members or City Council be provided as early as possible in order to allow staff as much opportunity as possible to formulate the answers for that meeting. Hearing opened at 6:42 p.m. Bakersfield, California, January 22, 2014 — Page 8 10. HEARINGS continued ACTION TAKEN Item 10.a. continued The following individuals spoke in opposition to the staff recommendation: Tony Ansolabehere, suggested the EIR relies on old data, and submitted written material; Vanessa Vangel, requested written responses to two concerns (1) that the existing 24th Street roadway can accommodate six lanes of traffic by restriping and eliminating the left -turn lanes, and (2) that the conceptual landscape slideshow presented tonight was negated by the Public Works Director's presentation regarding scaling back on the number of trees, putting in only low- maintenance shrubs, and more hardscape; Judith Harniman, expressed her concern about the safety issues that will be presented by the homes that will be abutting the property line for 24th Street, as well as the turnouts that would potentially impact 10 additional driveways; and Richard Young, expressed his concerns about the timing of the five stoplights from L Street to Chester Avenue and the continuity of the traffic. The following individuals spoke in support of the staff recommendation: Rich O'Neil, on behalf of the Kern River Parkway Foundation, requested that after construction is finished that all fencing that separates the horse trail of the Kern River Parkway from the high speed traffic be placed back again, that all trees removed during construction be replaced at that location on a 3 to 1 ratio with California native trees, which is the Caltrans standard, and that the habitat in areas of the secondary floodplain be replaced within the Kern River Corridor, and he submitted written material; Wayne Kress, encouraged acceptance of the EIR and to build the project, including full height and continuous separation walls and beautiful landscaping; Scott Kuney, agreed with Mr. Kress' comments; Mike Hawksworth, is in favor of the conceptual drawings presented by Parsons; Matt Fisher; Tomas Del Toro Diaz; and Dave Cross, recommended that the landscaping be added to instead of decreased and suggested consideration of a red light at the current pedestrian crossing. Richard Young spoke in rebuttal opposition to the staff recommendation. Bakersfield, California, January 22, 2014 - Page 9 10. HEARINGS continued ACTION TAKEN Item 10.a. continued Mayor Hall announced that a motion to continue the Hearing was approved; therefore, the Hearing will remain open and continued to the February 12, 2014, City Council meeting. 11. DEFERRED BUSINESS a. Amendment No. 2 to Resolution No. 128 -12, RES 128 -12(2) 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 Clerk Gafford announced that a staff memorandum was received revising the Resolution to clarify language regarding the qualification requirements; in addition, e -mail correspondence was received from Shannon Holloway regarding this item. City Manager Tandy made staff comments and recommended approval of Amendment No. 2 to Resolution No. 128 -12, and that for any street which reaches 75% of the property owners agreeing, rather than the 100 %, that the item can appear on the City Council Agenda for individual consideration under the specific circumstances that might exist on that street; and recommended separately the approval of Spruce Street, who has met the 75% threshold; and approval of A Street, when they meet the 75% threshold. Public Works Director Rojas made additional staff comments and mentioned that the work on Spruce Street, if approved tonight, could start tomorrow, and that the work on A Street could start when the drawings are completed, which would take two to three weeks, and provided all the signatures are correct. Vice -Mayor Weir made a motion to adopt Amendment No. 2 to Resolution No. 128 -12. Bakersfield, California, January 22, 2014 — Page 10 11. DEFERRED BUSINESS continued Item 1 ].a. continued Councilmember Maxwell expressed his opposition. Councilmember Sullivan expressed her support. Councilmember Hanson called for the question. Motion by Vice -Mayor Weir to adopt Amendment No. 2 to Resolution No. 128 -12. Motion by Vice -Mayor Weir to adopt staff's recommendation approving construction of a cul -de -sac on Spruce Street at this time. Motion by Vice -Mayor Weir to adopt staff's recommendation, based on staff's review of a parallel request, for construction of a cul -de -sac on A Street. Mayor Hall recessed the meeting at 7:38 p.m. and reconvened the meeting at 7:46 p.m. 12. REPORTS a. Responses to Referrals from Councilmember Maxwell. (TRIP) Staff recommends the report be received and filed. Public Works Director Rojas made staff comments regarding the following: the process for listing properties on the National or Local Historical Register; doing a traffic study to establish a series of one -way streets in the downtown area; and providing an updated traffic count on 24th Street and some of the surrounding streets. Councilmember Maxwell advised that he is satisfied with the report on the historic properties; however, he would like the report regarding the one -way streets and the traffic counts be redone. Motion by Councilmember Maxwell to not accept the reports as filed, and to have them redone to the standards where Council can really see what would happen If some of the downtown area streets were changed to one - way streets and that the traffic counts be redone. ACTION TAKEN APPROVED NOES MAXWELL APPROVED NOES MAXWELL APPROVED NOES MAXWELL APPROVED NOES SMITH Bakersfield, California, January 22, 2014 — Page 11 12. REPORTS continued ACTION TAKEN 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 AGR 14 -016 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. Finance Director Smith made staff comments and provided a PowerPoint presentation. Assistant to the City Manager Huot made additional staff comments, provided a PowerPoint presentation, and recommended approval of the budget transfers, appropriation of funds, and adoption of the Agreement. Motion by Councilmember Johnson to consider APPROVED Items 1., 2., and 3., separately. Motion by Councllmember Johnson to approve APPROVED Item 12.b.1. Councilmember Johnson announced he was not in favor of staff's recommendation on Item 12.b.2., and he made a motion to deny the Agreement with International Association of Chiefs of Police. Substitute motion by Vice -Mayor Weir to APPROVED approve Item 12.b.2. NOES JOHNSON Motion by Vice -Mayor Weir to approve APPROVED Item 12.b.3. NOES JOHNSON 13. NEW BUSINESS None. Bakersfield, California, January 22, 2014 — Page 12 14. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Maxwell asked the Police Department to look Into the area of 32nd and K streets where a lot of transients have set up a community and are creating a lot of disturbance and waste, and to contact Gill's business to let them know what efforts can be made to clean up that area. Councilmember Maxwell directed the City Attorney to verify signatures and get verbal statements or agreements from the residents in the neighborhoods of Pine and Myrtle streets with regard to the cul -de -sacs, and he would like to know exactly who the cases were where there are two or more people on title and that it was determined that the answer was yes, and that both of those people would be Interviewed, as well. Councilmember Maxwell asked staff to provide to all Councilmembers large maps, as well as small ones, that just show the street, without the buildings, as it would appear in alternates 1, 2, and 3, for the 24th Street Widening Project. Councilmember Maxwell advised he received a letter from Mr. Harvey Boyles regarding something printed in The Bakersfield Californian, and he wanted to clarify his position, which is if the City ran two academies at the same time and it got us to the point where we would have a full complement of officers, that still may not solve our problem with reducing the response times. Councilmember Maxwell asked staff to check on a sign in the alley between Elm and Beech streets that reads "Thru Traffic Not Permitted ", and determine N It Is a City sign. Councilmember Rivera requested staff draft a resolution in support of HR 15, The Board of Security, Economic Opportunity, and Immigration Modernization Act. Councilmember Johnson expressed his appreciation to the City Council for their support of the resolution supporting AB 1439, which is the Internet Cafe bill, and he thanked Assemblymember Salas for carrying the bill; and he also expressed his appreciation for the resolution in support of the Governor's Drought Declaration. Bakersfield, California, January 22, 2014 — Page 13 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Johnson expressed his appreciation to staff for being able to include in the mid -year budget appropriation the addition of the sidewalks on Margalo Street and Stine Road. Councilmember Sullivan requested that the matter of putting artificial grass In the medians, or at least In the new medians, be referred to the Community Services Committee for evaluation and consideration. Councilmember Sullivan made the comment that she feels the City needs to publicize that it expects homeowners to be responsible for keeping their lots clean, regardless of whether they are occupied or not. Councilmember Sullivan suggested doing a PSA to educate the pedestrian population about not wearing black at night, because they cannot be seen, and that It is their responsibility to use crosswalks. Vice -Mayor Weir expressed his appreciation to Assemblymember Grove for her support and participation on Assembly Bill No. 1439. Vice -Mayor Weir advised Chief Williamson that he has the utmost respect for him and the Police Department, and that the goal at the end of the analysis is that our community will be safer. Councilmember Smith requested that the following questions and concerns regarding 24th Street be addressed at the next City Council meeting: (1) Do the walls go behind the remainder of the parcels In the landscaping? (2) With regard to the City's responsibility for some of the sound walls, is that a portion of our match with the Federal money or is It above and beyond that match? (3) With regard to landscaping, how do we know what really Is going to be landscaped, and are we going to landscape it with the project and what are we going to landscape with the project? (4) With regard to the loading zone downtown and the 6 -foot sidewalk, Is it possible to make a 7 or 8 foot sidewalk in that area? (5) With regard to the bike path, to get bike access to 24th Street, If the detour could not go up and around Beach Park, but rather just go straight down 21 It Street and connect with the bike path at 21 °t, It would be a much shorter detour. (6) There needs to be a signal at the A Street pedestrian crossing. Bakersfield, California, January 22, 2014 — Page 14 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Smith expressed his appreciation for the agreement between the City, San Joaquin Volley Air Pollution Control District, and Biogas & Electric, LLC, and feels that it is a win - win -win for the community because we're going to have cleaner air, as well as a free air treatment system. Mayor Hall announced he received an e-mail from Sal Moretti in the Solid Waste Department informing him that during a recent five -day period, the Police Department cited four individuals on the Westside Parkway for uncovered loads; and that he is very pleased with the progress being made and the Involvement of both the Police Department and the Sheriff's Department in this effort. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 9:30 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield