HomeMy WebLinkAbout03/05/14_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF MARCH 5, 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. MVB Ventures, LLC, et al., Tulare County Superior Court Case
No. VCU 12- 247560.
2. Joe R. Slaughter, et al. v. City, et al., Kern County Superior Court Case
No. S- 1500 -CV- 271472 -LHB.
3. City v. Kern County, et al., Fresno County Superior Court Case
No. 13CEGO2817
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d)(2), (e)(1) (one potential case).
4. CLOSED SESSION ACTION
5. ADJOURNMENT
REGULAR MEETING - 5:15 P.M.
1. ROLL CALL
2. INVOCATION by Pastor James Scarborough, Bakersfield Hillcrest Seventh Day Adventist
Church.
3. PLEDGE OF ALLEGIANCE by Clara Doll, 4m grade student at Downtown Elementary School.
4. PRESENTATIONS
5. PUBLIC STATEMENTS
6. WORKSHOPS
a. Thomas Roads Improvement Program Update. (TRIP)
Staff recommends acceptance of the report.
6. WORKSHOPS continued
b, Update on TRIP Financing.
No action required.
(Ward 2,3) C. Centennial Corridor Project; (TRIP)
1. Early release of funds for property acquisition.
2. Appropriation of $165,000,000 Federal Transportation Funds to the Centennial
Corridor Project Capital Improvement Budget,
3. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant
to Government Code Section 54956.9 (d)(2), (e)(1) (one Issue).
Closed Session Action
Staff recommends that the City Council authorize staff to begin voluntary property
acquisition of full parcels associated with the Centennial Corridor project with the Early
Acquisition Funding Release in the amount of $165,000,000, Staff also recommends
approval of the appropriation.
(Ward 23) d. Agreement with Overland Pacific & Cutler, Inc. ($15,873,536), for right of way services
for the Centennial Corridor Loop (SR -58 connector) Project. (TRIP)
Staff recommends approval of the agreement.
7. APPOINTMENTS
a. One appointment to the Miscellaneous Civil Service Board, due to the expiration of
term of Murray Tragish, whose term expired December 31, 2013.
Staff recommends Council determination.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 12, 2014, Regular City Council Meetings.
Payments:
b. Receive and file department payments from January 31, 2014, to February 20,
2014, in the amount of $18,812,912.54, and self- insurance payments from
January 31, 2014, to February 20, 2014, in the amount of $590,552.17, totaling
$19,403,464.71.
Ordinances:
C. First Reading of Ordinance enacting Chapter 9.32 of the Municipal Code relating to
aggressive panhandling /solicitation.
(Ward 5) d. Adoption 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. (FR 02112114)
City Council Meeting of 03/05/2014
8. CONSENT CALENDAR continued
(Ward 3) e. Adoption 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 located between Highway 178 and Highland Knolls Drive, west of Morning
Drive (ZC # 13 -0251, McIntosh & Associates, representing Mt. Vernon Properties, LLC).
(FR 02112114)
(Ward 4) f. Adoption 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 located on the south side of Reina Road
between Santa Fe Way and Renfro Road CZC # 13 -0292, Pinnacle Civil Engineering,
Inc., representing Crystal Farms). (FR 02112114)
(Ward 4) g. Adoption of Ordinance amending the Official Zoning Map In Title 17 of the
Municipal Code by changing the zone district from A (Agriculture) and E (Estate) to
R -1 (One Family Dwelling) on 130.30 acres located south of Seventh Standard Road
between the future Allen Road and future Jewetta Avenue (ZC # 13 -0323, McIntosh
& Associates, representing Urban Land Advisors, LLC). (FR 02112114)
(Ward 4) h. Adoption 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 located along the south side of Seventh Standard Road between the future
Allen Road and Shane Street (ZC # 13 -0324, McIntosh & Associates, representing
Urban Land Advisors, LLC). (FR 02/12/14)
Resolutions:
Resolution authorizing the City to contribute $5,000 toward The League of California
Cities' Lawsuit to Invalidate California State Senate BIII No. 7 (SB 7).
�. Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and the demolishment of dangerous buildings and
authorizing collection of the assessments by the Kern County Tax Collector.
(Ward 2) k. Resolution adding territory, Area 1 -97 (5001 Commerce Drive) to the Consolidated
Maintenance District and approving, confirming and adopting the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
(Ward 43) I. Resolutions of Intention adding the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting Public
Works Director's Report for each;
1. ROI No. 1775 adding Area 1 -98 (2925 Mosasco Street)
2. ROI No. 1776 adding Area 1 -99 (Tract 7217 at the northwest corner of Olive
Drive and Renfro Road)
1 ROI No. 1777 adding Area 2 -56 (2626 Ming Avenue)
Agreements:
(Ward 3) M. Agreement with Uncle's BBQ to provide concession services at the Mesa Marin Sports
Complex.
City Council Meeting of 03/05/2014
8. CONSENT CALENDAR continued
(Ward 1,2,6,7) n, Cooperative Agreement with the State of California Department of Transportation
for the Beltway Operational Improvements Project. (TRIP)
(Ward 3) o. Agreement with CAZCD Investments, LLC ($48,500), to purchase real property
located at 5200 Rosedale Highway for the Rosedale Highway Widening Project.
(TRIP)
P. Amendment to Agreement No, CM11 -004 (1) with VlaTron Systems ($40,000; revised
not to exceed $80,000) for document scanning services.
(Ward 1,6) q. Wastewater Treatment Plant Nos, 2 and 3;
1. Amendment No. 1 to Agreement No, 13 -045 with Ashland, Inc,
($750,000; revised not to exceed $1,200,000 and extend term one year), to
provide dewatering polymer for Plant No, 3.
2. Appropriate $300,000 Sewer Enterprise Fund balance (Wastewater
Treatment Plant No. 3) to the Public Works Department's Operating
Budget for additional usage.
(Ward 3) r. Contract Change Order Nos. 1, 2, 5, and 8 to Agreement No. 13 -118 with Granite
Construction ($51,408.15; revised not to exceed $25,512,459,65; change order
funded with Federal Earmark Funds 88.53% and Capital Outlay Utllity /Roads Fund
11.47% for the State Route 178 and Morning Drive Interchange Project, (TRIP)
Bids:
(Ward 2) S. Reject bids for two replacement fork lift trucks for use by Rabobank Arena.
(Ward 2) t. Reject bids for maintenance shop roof construction at Fire Station No. 1.
U. Extend bid from Golden State Peterbilt ($1,302,454,72) for three replacement and
one additional side - loading refuse trucks for the Public Works Department, Solid
Waste Division.
V. Extend bid for three replacement four door police special sedans for use by the
Police Department;
1. Extend bid from Jim Burke Ford ($68,880.18) for the purchase,
2. Transfer and appropriate $54,452 Self Insurance Fund balance to the
Equipment Management Fund Operating Budget,
3. Appropriate $14,428 Fund balance to the Equipment Management Fund
Operating Budget.
W. Accept bid from Jim Burke Ford ($79,100.51) for three replacement four door police
specialty utility vehicles for use by the Police Department K -9 unit.
X. Accept bid from Jim Burke Ford ($57,845.76) for three replacement four door midsize
sedans for use by the Police Department and Public Works Department, Solid Waste
Division,
Y. Accept bid from EDX Information Systems, Inc, ($145,209), for 150 replacement
Lenovo desktop computers for the Information Technology Division.
4 City Council Meeting of 03/05/2014
8. CONSENT CALENDAR continued
(Ward 2) z. Accept bid and approve contract with Jim Alffer Cement Contractor (not to
exceed $273,380) for the construction of HUD curb and gutter for East Truxtun Area.
(Ward 1) aa. Accept bid and approve contract with Jim Alffer Cement Contractor (not to
exceed $78,053.35) for the construction of HUD curb and gutter for southeast area
schools pedestrian Improvements.
(Ward 1,2) bb. Accept bid and approve contract with Vulcan Materials Company (not to exceed
$461,567) for the supply of HUD funded street materials.
(Ward 4) cc. Accept bid and approve contract with Cen -Cal Construction ($53,524) for the
median construction on Clay Patrick Farr Way, beginning at Rosedale Highway and
approximately 480 feet north of the Intersection of Rosedale Highway and Clay
Patrick Farr Way project.
Miscellaneous:
(Ward 7) dd.
Transfer $15,000 from the Patriots Park Shade Structure project to the Recreation and
Parks Department Capital Improvement Budget within the Park Improvement Fund
for the purchase and Installment of a shade structure at Stiern Park.
(Ward 126) ee.
Appropriate $5,700 contributions to the Recreation and Parks Department Operating
Budget within the General Fund for various recreation programs.
ff.
Department of Housing & Urban Development (HUD) Action Plan Amendments, and
appropriation of Emergency Solutions Grant (ESG) Funding;
1. Fiscal Year 12/13 Action Plan Amendment 7, and Fiscal Year 13/14 Action Plan
Amendment 3 to reprogram $2,732,783 in CDBG funding to various street
Improvement projects.
2. Appropriate $9,894 ESG Funds to the Community Development CDBG
Operating Budget.
gg.
Approve mailing of Proposition 218 notices to commercial customers regarding
proposed update to the methodology of calculating sewer surcharges.
hh.
Revised job specifications for Heavy Equipment Operator - Solid Waste & Recycling,
# 13230.
ii. Electronic Agenda Management.
Successor Agency Business:
jj. Receive and file successor agency payments from January 31, 2014, to February 20,
2014, in the amount of $35,644.47.
Staff recommends adoption of Consent Calendar items 8a. through B.JJ.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
City Council Meeting of 03/05/2014
11. REPORTS
a. Report regarding Councilmember request for Creation of an Ad Hoc Committee to
review the Thomas Road Improvement Program (TRIP) Projects.
Staff recommends that this report be received and filed, with no further action taken.
b, Report regarding drought conditions and water conservation efforts.
Staff recommends the report be received and filed.
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
02/28/14 2:13pm
Respectfully submitted,
/ Alan Tandy
City Manager
6 City Council Meeting of 03/05/2014
AGENDA HIGHLIGHTS
March 5, 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 be called to order to address the remainder of the
agenda Items. The Council may recess Into an additional Closed Session following
Workshop Item 6c.
There will be a conference with legal counsel regarding three matters of existing litigation
and one matter pertaining to potential litigation. As referenced above, a separate
Closed Session may take place following Item 6c. to discuss an additional matter
pertaining to potential litigation.
REGULAR MEETING - 5:15 p.m.
Items 6a. and 6b. Thomas Roads Improvement Program Updates. Staff will present a
progress report on the remaining TRIP projects, followed by a separate update on the
financing plan. With a series of favorable developments that have occurred, it will likely
be possible to defer long -term borrowing for our local match requirements until FY16/17
and the anticipated amount will be significantly lower than previously estimated. In
addition, opportunities for funding through KernCOG and value engineering on the
remaining projects may result in a further reduction of the amount needed.
Items 6c. and 6d. Centennial Corridor - Funding for Early Propedy Acquisition. Both
Caltrans and FHWA have recently approved the early release of $165 million of the TRIP
federal funding to be used for voluntary right -of -way acquisitions along the Centennial
Corridor route. To date, 83 property owners have expressed interest in acquisition. These
funds will allow us to address hardship cases and help to alleviate some of the disruption
and other issues related to the impacts of the project by providing the property owners
the option to sell now, rather than have to wait in uncertainty. This item requests Council
approval to begin the voluntary property acquisition and to appropriate the $165 million
to the Centennial Corridor Capital. Improvement Budget. A separate and related item is
an agreement for the services needed for the Centennial Corridor right -of -way
acquisitions. Proposals were received from six firms; Overland Pacific and Cutler were
selected through a qualifications based process, and staff is recommending approval of
an agreement in the amount of $15,873,536.
Item Sc. Ordinance related to Aggressive Panhandling /Solicitation. On February 5, 2014,
the Legislative and Litigation Committee discussed the issue of panhandling and how to
implement an anti - panhandling /solicitation ordinance that would pass constitutional
scrutiny. The Committee reviewed a draft ordinance, requested several revisions as noted
in the administrative report, and directed staff to present it for consideration by the full
Council, with a recommendation for approval. This item will serve as the first reading of the
ordinance.
Item K Reprogramming of CDBGF Funding for Street Improvement Projects in Wards 1
and 2. In December, 2012, the State Department of Finance (DOF) denied
redevelopment funding that had been programmed to an affordable housing project at
400 20th Street. Because of contractual obligations to complete the project, an alternative
source of funding was needed, so $2,732,783 in CDBG funding was programmed to the
project. In November, 2013, we prevailed in our lawsuit against the DOF, which resulted in
the reinstatement of redevelopment funds for the housing project. As those CDBG funds
are now available for other projects, staff is proposing a reprogramming amendment to
the FY 12/3 HUD Action Plan to fund five street improvement projects located in Wards 1
and 2. The proposed amendments were presented to the Budget and Finance
Committee on January 27, 2014. This action also includes a request for an appropriation
of $9894 of HUD Emergency Solutions Grant funding to the CDBG Operating budget.
Item Sit. 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 more convenience for the public.
In response to Councilmember requests, there will be two staff reports on the following
subjects: feasibility of creating an Ad Hoc Committee to review the TRIP projects; and
drought conditions /water conservation efforts.
Approved: .---
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - March 5, 2014 Council Meeting
Page 2
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ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Closed Session
ITEM: a
TO:
FROM
DATE:
SUBJECT:
VG:Isc
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 24, 2014
APPROVED
DEPARTMENT HEAD V/C
CITY ATTORNEY (/6-
CITY MANAGER
Conference with Legal Counsel — Existing Litigation
Closed session pursuant to Government Code section 54956.9(d) (1)
• City of Bakersfield v. M VB Ventures, LLC, et al.
Tulare County Superior Court Case No. VCU 12- 247560
• Joe R. Slaughter, et al. v. City of Bakersfield, et al.
Kern County Superior Court Case No. S- 1500 -CV- 271472 -LHB
• City of Bakersfield v. Kern County, et al.
Fresno County Superior Court Case No. 13CECGO2817
S: \COUNCIL \CI Sess\ Admins \13- 14 \3- 5- 14ExistUt.docx
1111111111111 / / / /I,� '
ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Closed Session
ITEM: 3
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ✓G
DATE: February 21, 2014 CITY ATTORNEY yG-
CITY MANAGER
SUBJECT: Conference with Legal Counsel — Potential Litigation
Closed session pursuant to Government Code section 54956.9(d) (2), (e) (1) (one
potential case).
VG:Isc
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MEETING DATE: March 5, 2014 AGENDA SECTION: Workshops
ITEM: (0.0..
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul Rojas, Public Works Director
February 20, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Thomas Roads Improvement Program Update (TRIP) (All Wards)
RECOMMENDATION:
BACKGROUND:
Staff recommends acceptance of the report.
Staff will provide a brief update on the TRIP projects.
Tdw: G: \GROUPDAT\ADMINRPT\2014 \03 -05 \TRIP Update .docx
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ADMINISTRATIVE
REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Workshops
ITEM: L , b
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: February 25, 2014
SUBJECT: Update on TRIP Financing
RECOMMENDATION: No action required.
BACKGROUND:
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY_
CITY MANAGER
Staff will provide an update to the TRIP financing plan as a number of things have changed since these
discussions began back in February 2013, with follow up discussions of June 2013, July 2013,
September 2013 and November 2013. Transportation development revenues are higher than projected
one year ago and it now appears the City will be able to complete construction of several TRIP projects
with cash on hand and thus defer the need to borrow for local matching requirements until the 2016 -17
fiscal year.
Recent favorable bid results combined with project cost estimate updates and improved cash flow have
lowered our anticipated future long term borrowing needs from $270 million down to approximately
$240 million. Staff is also pursuing additional funding through KernCOG and performing value
engineering on remaining projects; any of which could further reduce the amount of future local funds
required to complete the TRIP projects. Additional detail will be provided during the update.
February 25, 2014, 3:52PM
SAAdminlAdmin Reports\Admin - TRIP Financing workshop March 2014.doc
B
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ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Workshops
ITEM: 6. r J it 2
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
February 28, 2014
DEPARTMENT HEAD
Centennial Corridor Project (TRIP) (Wards 2 and 3)
CITY
CITY
1. Early Release of Funds for Property Acquisition
2. Appropriation of $165,000,000.00 Federal Transportation Funds to the
Centennial Corridor Project Capital Improvement Budget
RECOMMENDATION: Staff recommends that the City Council authorize staff to begin voluntary
property acquisition of full parcels associated with the Centennial Corridor project with the Early
Acquisition Funding Release in the amount of $165,000,000.00. Staff also recommends approval
of the appropriation.
BACKGROUND: Caltrans is the lead agency under the California Environmental Quality Act
( "CEQA ") and National Environmental Policy Act ( "NEPA ") for the approval of the Centennial
Corridor project, and has selected Alternative B for the Centennial Corridor route. Caltrans will
release a draft environment impact report /environmental impact statement ( "EIR /EIS ") shortly.
Following the release of this document, Caltrans will receive public comment and then prepare
a final EIR /EIS that addresses the comments received.
Under recent federal legislation, known as "The Moving Ahead for Progress in the 215+ Century
Act" ( "MAP -21 "), 23 USC 108, Congress authorized both Caltrans and eligible local public
agencies to perform certain early acquisition activities for voluntary right -of -way acquisitions
prior to completion of the environmental review process and to obtain full reimbursement of
eligible expenditures. The purposes of early acquisition include expediting project delivery,
creating jobs, and reducing hardship for those who own property in the proposed path of a
project and encounter difficulties when they seek to sell their property before final project
approval. Early acquisition allows owners to voluntarily sell and relocate if they wish.
Both Caltrans and the Federal Highway Administration approved the early release of
$165,000,000.00 for the Centennial Corridor project to the City of Bakersfield on January 28,
2014.
The City of Bakersfield has had eighty -three (83) inquiries from property owners to date who
have expressed an interest in early acquisition. Additionally, this funding would allow the City to
address hardship cases, such as when an owner needs to move to an assisted - living facility or
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ADMINISTRATIVE REPORT
has other personal difficulties and cannot sell the property. Early acquisition has the potential to
mitigate the disruptions and hardships that lengthy project schedules can impose on a
community.
It should be noted that the power of Eminent Domain is not allowed under early acquisition
rules.
These federal transportation funds will be appropriated to the Centennial Corridor Project
Capital Improvement Budget. The decision to release these funds, along with the City Council's
decision to accept them, legally secures federal funding in the amount of $165,000,000.00 in a
federal earmark, which will be for the benefit of the project and the local community, and will
preclude the diversion of those funds from TRIP to other projects.
This early release was requested in October, 2012. Since the law allowing it is new, it has taken
some time to secure the release of the funds and for participating transportation agencies to
conform from historically long- standing practices and guidelines. Caltrans' Regional Office of
Real Estate and Right of Way (ROW) approved the release of funds. Subsequently, Caltrans
Headquarters for Real Estate and ROW approved the action on February 14, 2014. Finally, the
Federal Highway Administration (FHWA) concurred with the Caltrans Action on February 21,
2014, clearing the funds for release.
Properties acquired will not be demolished unless and until the environmental review process is
complete. The properties will be preserved and monitored, and in most cases, made available
for rent. If the project is not approved, the properties will be sold, with the proceeds going to
the City and federal government in proportion to the amounts each agency contributed to the
acquisition. Costs of property management and related expenses are a part of the federal
grant approval process.
The City expects to receive toll credits for the local match as it did on the GAP 58 project. Toll
credits effectively serve as a no- interest loan. At the end of the land acquisition phase, the City
will complete a financing to generate the local funds needed to complete the project. This
phase of the project is 89% funded by the federal grant.
In a separate but related item, staff is recommending that Overland Pacific and Cutler (OPC)
be retained to administer all aspects of the property acquisition, such as property
management, noticing, appraisals, negotiations, relocation assistance, and closings.
In addition to relieving hardship for those who need to sell their properties, early acquisition
affords more overall time for affected owners to relocate and allows the community to better
absorb shifts in the housing market.
A fact sheet titled, "Right of Way / Frequently Asked Questions - Centennial Corridor Project" is
attached for background and will be provided to those property owners who inquire about the
process.
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ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Closed Session
ITEM: (0. C. 3
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V�
DATE: February 27, 2014 CITY ATTORNEY V�
CITY MANAGER &
SUBJECT: Conference with Legal Counsel — Potential Litigation
Closed session pursuant to Government Code section 54956.9(d) (2),(e) (1) (one
issue).
VG:Isc
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ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: WORKSHOPS
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD 7
DATE: February 20, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Overland Pacific & Cutler, Inc., ($15,873,536) for Right of Way
Services for the Centennial Corridor Loop (SR -58 Connector) Project. (TRIP)
(Wards 2 & 3)
RECOMMENDATION: Staff recommends approval of the Agreement.
BACKGROUND: In August 2005, Congress approved and President Bush signed the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -Lu).
Through the efforts of former Congressman William Thomas, this Act included $630,000,000 in
federal funds for a program of highway improvement projects in metropolitan Bakersfield. In
honor of Congressman Thomas, this program came to be known as the Thomas Roads
Improvement Program, or TRIP. The City of Bakersfield was designated as the lead agency for
the administration of this Program, which when combined with other state and local funds
totals over $1.2 billion. The Centennial Corridor Loop (SR -58 Connector) Project is by far the
largest TRIP project in terms of cost and properties needed. The cost to acquire the right of
way is approximately $165,000,000.
Because of the magnitude and limited duration of TRIP and the need for specialized expertise
in the delivery of right of way for major highway projects, it was determined that retaining the
services of a right of way consultant would be prudent. A Request for Proposals for right of
way services was issued in February of 2013, and six firms submitted proposals. Those firms
were: Overland Pacific and Cutler, Inc.; Hamner Jewell & Associates; Universal Field Services;
Bender Rosenthal; HDR Engineering, Inc.; and Paragon Partners Ltd. Through a qualifications
based selection process, in accordance with federal procurement procedures for these types
of services, Overland Pacific & Cutler, Inc. (OPC) was selected to perform these services. Their
cost for providing these services was then negotiated by the TRIP staff.
OPC has worked on numerous major transportation projects throughout California and has
developed a strong relationship with and respect from Caltrans staff that must provide
oversight for the TRIP projects. The Centennial Corridor Project will require the acquisition of
approximately 422 parcels. Of this approximately 199 are single family residences; 16 multi-
family parcels, 36 commercial properties; 38 vacant parcels and 4 others, i.e. Park n Ride,
sump, drainage basin and channels. The remaining properties needed are partial
acquisitions. These are normally small strips that will be identified with specificity during the
design phase of the project.
Funding for these Right of Way Services will come from the federal earmarks received under
SAFETEA -Lu, which is addressed as a separate item on your agenda.
DMA /s February 20, 2014
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ADMINISTRATIVE REPORT
OPC will initially be focusing on those parcels whose owners have requested the City buy their
property under the Early Acquisition Program. We have received approximately 75 interested
parties as of February 1, 2014. By starting the acquisition process early it will allow the City to
assist those parties that have financial hardships and those that would like to move sooner
rather than later.
Tasks OPC will perform or oversee under this Agreement include:
o PROJECT MANAGEMENT
o Ensure compliance with all Federal, State, and local laws, regulations, rules, and
mandates applicable to the Thomas Roads Projects, including compliance with
environmental documents and mitigation measures.
o Providing technical expertise, management, and adequate staffing to keep
pace with required work effort which includes reviewing consultant submittals,
tracking consultant performance, and addressing technical issues as they arise.
o Monitoring and reviewing technical studies, reports and plans for the TRIP
projects as prepared by consultants and coordinate the subsequent review and
approval of these documents by Caltrans and other various government
resource agencies.
o RIGHT OF WAY ENGINEERING AND SURVEYING SERVICES - Prepare surveys that identifies
properties needed for the project and prepare legal descriptions and plats for the
partial acquisitions.
o RIGHT OF WAY APPRAISAL SERVICES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND
AGRICULTURAL PROPERTIES - All properties being acquired will be appraised to
determine their current fair market value.
o APPRAISAL REVIEW SERVICES - All appraisals will be reviewed by a second independent
appraiser to verify that the appraisals have been prepared correctly and in
accordance with the applicable standards.
o GOODWILL APPRAISAL SERVICES - For those businesses being displaced a goodwill
analysis will be done to determine the business' existing goodwill to assist in their
relocation and if necessary, a goodwill appraisal will be done after the business has
been relocated.
o FURNITURE, FIXTURES, MACHINERY AND EQUIPMENT APPRAISAL SERVICES - These
appraisals will assist in the acquisition of commercial property and the relocation of the
businesses.
o RIGHT OF WAY ACQUISITION AND RELOCATION, REAL PROPERTY SEARCHES,
IDENTIFICATION AND FEASIBILITY STUDIES FOR REPLACEMENT AND MITIGATION SITES, and
DMA /s February 20, 2014
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COST ESTIMATES - These are the people would will be responsible for the negotiations of
the properties needed for the project.
o TITLE AND ESCROW SERVICES - It will be necessary to have title reports prepared to
facilitate the preparation of legal descriptions for the partial acquisitions. Also, as part
of the acquisition process we will be utilizing escrow services and requesting title
policies.
o PROPERTY MANAGEMENT AND HAZARDOUS MATERIAL REMOVAL - After the properties
have been acquired it will be necessary to maintain until they are needed for the
project. The City will be renting the properties during this period. In certain cases the
homes may be rented back to sellers, i.e. if they chose to have a home built. The City
will be maintaining the homes to preserve the integrity of the neighborhoods.
o RELOCATION ASSISTANCE SERVICES - All parties being displaced by the project will be
provided with assistance in relocating to a replacement location. OPC will meet with
every property owner to identify their needs and to explain to them the benefits they
are entitled to.
o GEOGRAHICAL INFORMATION SERVICES - In an effort to promote a more efficient and
reduce the need for paper files all records will be stored as electronic files within a
database. That database will house the title reports, maps and legal descriptions,
appraisals, acquisition and relocation files.
o LEGAL SERVICES PROCUREMENT - Assisting City staff with preparation of Requests for
Qualifications /Proposals to consultant firms for legal services.
DMA /s February 20, 2014
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ADMINISTRATIVE REPORT
c�•
'�LIF
MEETING DATE: March 5, 2014 AGENDA SECTION: Appointments
ITEM: 7, g .
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD np
DATE: February 21, 2014 CITY ATTORNEY iyCT
CITY MANAGER ^�
SUBJECT: One appointment to the Miscellaneous Civil Service Board, due to the expiration
of term of Murray Tragish, whose term expired December 31, 2013.
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND: There will be one appointment to the Miscellaneous Civil Service Board
due to the expiration of term of Murray Tragish, whose term expired December 31, 2013. The
news release for this appointment was posted on November 4, 2013. The news release to
extend the recruitment was posted on December 20, 2013.
An application has been received from Michael Arthur Caves.
The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed
of five (5) members, appointed by the full Council. Members must be residents of the City
throughout their three -year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline
of employees affected by Civil Service. All applicants have been encouraged to contact
each Councilmember regarding their interest and qualifications. Meetings are held the third
Tuesday of each month at 2:00 p.m. at City Hall North, 1600 Truxtun Avenue, Bakersfield.
S: \Bds& Comm \MISCCS\2014\Administrative Report 3.5.2014.docx
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10
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: S , eL
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
February 21, 2014
APPROVED
DEPARTMENT HEAD v1
CITY ATTORNEY
CITY MANAGER e`s
Approval of Minutes of the February 12, 2014, Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Rg:ndw
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ADMINISTRATIVE REPORT
'+wr
1
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: by
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: February 20, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file department payments from January 31, 2014 to
February 20, 2014 in the amount of $18,812,912.54, Self Insurance payments
from January 31, 2014 to February 20, 2014 in the amount of $590,552.17,
totaling $19,403,464.71
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
February 20, 2014, 4:33PM
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ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 14, 2014
APPROVED
DEPARTMENT HEAD ✓6'
CITY ATTORNEY ✓-
CITY MANAGER S
First reading of Ordinance Enacting Chapter 9.32 of the Bakersfield Municipal
Code relating to Aggressive Panhandling /Solicitation.
The Legislative and Litigation Committee recommends first reading.
BACKGROUND:
At its February 5, 2014 meeting, the Legislative and Litigation Committee discussed the issue of
panhandling, referred by Councilman Terry Maxwell. The City Attorney's office presented a
PowerPoint presentation as well as a draft of a sample ordinance. The presentation covered the
importance of the First Amendment right to free speech, suggestions on how to minimize
litigation, and how to implement an anti - panhandling /soliciting ordinance that should pass
constitutional scrutiny.
Through a survey of ten cities which have experienced similar issues with solicitations, the City
Attorney drafted an ordinance that meets the targeted goals of protecting the citizens and
consumers of Bakersfield, while ensuring speech is not abridged. The ordinance defines and
prohibits "aggressive solicitation," and codifies narrow exceptions where solicitation is not
permitted, such as on medians, roadways, within twenty feet of a financial institution, or any
parking lot after dark.
The Committee, by a unanimous vote, directed the City Attorney's office to red -line the
ordinance to define "public transportation," as well as include prohibited conduct detailing
"false representations," and to present it to City Council for first reading.
VG /TG:Isc
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ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: R _ A _
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEADNd�1_1
DATE: February 13, 2014 CITY ATTORNEY , —
CITY MANAGER
SUBJECT: Adoption of ordinance amending lcated Bakersfield
enerali l
lysouth of Panama Lane 1.12.050 by betweenProgress
adding Annexation No. 5 9
Road and Old River Road. (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 12, 2014.
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, lSNot 786-20213), wh which City and
and
into Agreement No. 13 -164 (County Agreement
conditions related to the exchange of property tax revenue for this annexation.
Annexation No. 517 consists of 1River Road s The territory includes generally
between Progress Road and Old des fou r 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- 3 -5 -14 517.doc
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ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: 9-e.
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD Tt
DATE: February 13, 2014 CITY ATTORNEY _
CITY MANAGER /w
SUBJECT: Adoption 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 located between Highway 178 and Highland Knolls
Drive, west of Morning Drive. (ZC # 13 -0251 - McIntosh & Associates representing
Mt. Vernon Properties, LLC) (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 12, 2014.
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 '/. mile east of Fairfax Road; however, construction is
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
ADMINISTRATIVE REPORT
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.
Through the development of the Bakersfield Bicycle Transportation Plan (BTP), it was generally
recognized that collector streets present an optimal location for the installation of Class 2 bike
lanes. Recommended improvements in the BTP, however, focused on the existing* roadway
network and not on future development areas. While the BTP may not have designated
specific improvements in the project areas for this reason, appropriate new bike lanes should be
provided for in future developments, including along planned collector streets.
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.
February 20, 2014, 8:38AM
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ADMINISTRATIVE REPORT
a
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: .F,
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD /
DATE: February 13, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption 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 located on the south side of
Reina Road, between Santa Fe Way and Renfro Road. (ZC # 13 -0292 - Pinnacle
Civil Engineering, Inc., representing Crystal Farms) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 12, 2014
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
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
ADMINISTRATIVE REPORT
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 1 st 2014 \13- 0292\Admin SR \GPA -ZC 2nd Reading.doc
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ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: February 13, 2014 CITY ATTORNEY
CITY MANAGER_
SUBJECT: Adoption of ordinance amending the Official Zoning Map in Title 17 of the
Bakersfield Municipal Code by changing the zone district from A (Agriculture) and E
(Estate) to R -1 (One Family Dwelling) on 130.30 acres located south of Seventh
Standard Road, between the future Allen Road and future Jewetta Avenue (ZC # 13-
0323; McIntosh & Associates, representing Urban Land Advisors, LLC) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 12, 2014.
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
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
ADMINISTRATIVE REPORT
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.
Through the development of the Bakersfield Bicycle Transportation Plan (BTP), it was generally
recognized that collector streets present an optimal location for the installation of Class 2 bike
lanes. Recommended improvements in the BTP, however, focused on the existing roadway
network and not on future development areas. While the BTP may not have designated
specific improvements in the project areas for this reason, appropriate new bike lanes should be
provided for in future developments, including along planned collector streets.
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.
Staff recommends adoption of the ordinance.
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0
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: February 13, 2014 CITY ATTORNEY
CITY MANAGER �S _
SUBJECT: Adoption 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 the 21.33 acres and to C -2 (Regional
Commercial) on 10.45 acres located along the south side of Seventh Standard Road
between the future Allen Road and Shane Street. (ZC # 13 -0324 - McIntosh &
Associates, representing Urban Land Advisors, LLC) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 12, 2014
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 General Plan land use
designations are not agriculture. The land use designation 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 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
February 20, 2014, 9:27AM
Planner CG / S:IDana1ADMINS120141MAR13 -5 -0324 2. docx
ADMINISTRATIVE REPORT
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.
Through the development of the Bakersfield Bicycle Transportation Plan (BTP), it was generally
recognized that collector streets present an optimal location for the installation of Class 2 bike
lanes. Recommended improvements in the BTP, however, focused on the existing roadway
network and not on future development areas. While the BTP may not have designated
specific improvements in the project areas for this reason, appropriate new bike lanes should be
provided for in future developments, including along planned collector streets.
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 adoption of the ordinance.
February 20, 2014, 8:30AM
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ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 19, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
A Resolution Authorizing the City Of Bakersfield to Contribute $5,000 Toward The
League Of California Cities' Lawsuit to Invalidate California State Senate Bill No. 7
(SB 7).
RECOMMENDATION: Staff recommends approval of resolution.
Background: On October 17, 2012, the City Council approved a Resolution exempting the City
from paying prevailing wage on certain locally- funded public works projects. Almost a year
later, on October 13, 2013, the Governor approved Senate Bill No. 7 (SB 7), which amended
part of the California Labor Code concerning public works projects and prevailing wage. SB 7
applies to both general law and charter cities, such as the City of Bakersfield, and is summarized
below:
• SB 7 does not appear to apply to contracts awarded before January 1, 2015.
• SB 7 prohibits receipt or use of state funds for a construction project if the city has
awarded a contract without requiring compliance of all prevailing wage
requirements.
• SB 7 excludes contracts for projects costing $25,000 or less when the project is for
construction work, or projects of $15,000 or less when the project is for alteration,
demolition, repair, or maintenance work.
• Charter cities that are in compliance with SB 7 will be on a list of cities that may
receive and use state funding for their construction projects.
As a result of SB 7 and its impact on charter cities, the California League of Cities is seeking
financial support from various charter cities to help fund a lawsuit filed by certain charter cities
challenging SB 7. Although the City is not a party to the lawsuit, the resolution would authorize
the City to contribute $5,000 towards funding the lawsuit, which seeks to challenge the
constitutionality of the legislation and to protect the Constitutional rights of charter cities to
govern their own affairs.
JHR:dII
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MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM Q' '
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: February 14, 2014 CITY ATTORNEY
CITY MANAGER KS
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and the demolishment of dangerous
buildings and authorizing collection of the assessments by the Kern County Tax
Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on February 10, 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 and /or were determined to be in violation of
Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous
buildings. The property owners were notified and failed to comply with the notices to abate such
public nuisance.
The properties located at 305 Dr. Martin Luther King Jr. Blvd. (Ward 1) and 1021 34th Street (Ward
2) were anticipated demolitions of commercial buildings and budgeted in the capital
improvement program. The cost of demolishing these two commercial buildings is noticeably
higher than a typical residential demolition due to size and required asbestos survey and
removal. Both buildings had been partially burned which in turn caused more material to be
considered hazardous in the asbestos report. This also added to the abatement cost. Both of
these buildings have been a blight to their respective neighborhoods. After a hearing duly
noticed and held before the Building Director, the Director issued orders requiring the property
owner to abate the public nuisance.
February 20, 2014, 3:21 PM /kd
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ADMINISTRATIVE REPORT
The subject properties are listed as follows:
PROPERTY LOCATION APN COST
Ward 1
1.
3422 Anderson Street
172- 102 -37
$
300.00
2.
124 Augusta Street
018 - 190 -21
$
300.00
3.
4828 Barry Street
171- 150 -43
$
729.00
4.
4408 Chadbourn Street
171- 143 -16
$
795.00
5.
234 Dr. Martin Luther King Jr. Blvd.
018- 410 -04
$
1,469.00
* 6.
305 Dr. Martin Luther King Jr. Blvd.
019 -181 -11
$15,960.00
300.00
7.
916 Dr. Martin Luther King Jr. Blvd.
018 - 061 -13
$
105.00
8.
2709 Fern Way
022- 222 -03
$
105.00
9.
400 K Street
009 - 312 -01
$
694.00
10.
35 Milham Drive
139 - 432 -07
$
300.00
11.
312 Northrup Street
018- 290 -09
$
690.00
12.
316 Northrup Street
018- 290 -08
$
1,450.00
13.
105 S. Owens Street
018- 270 -35
$
830.00
14.
318 S. Owens Street
018- 220 -06
$
675.00
15.
3600 Shellmacher Avenue
172- 133 -17
$
688.00
16.
908 Union Avenue
139 - 131 -10
$
300.00
Ward 2
17.
243 Bernard Street
012- 200 -01
$
1,179.00
18.
2512 Cedar Street
001- 102 -13
$
875.00
19.
120 Dunlap Street
020 - 262 -07
$
105.00
20.
708 El Prado Drive
011- 153 -15
$
300.00
21.
1 103 Eye Street
009 - 011 -11
$
300.00
22.
1432 Lake Street
015-310-11
$
300.00
23.
1522 Oregon Street
015- 130 -12
$
300.00
24.
2231 Sunset Avenue
007 - 083 -03
$
105.00
25.
1718 Tulare Street
012- 380 -22
$
725.00
26.
1 126 E. 18th Street
017- 180 -10
$
1,019.00
* 27.
1021 34th Street
002 - 031 -02
$35,905.00
* Demolished
structures
Ward 3
28. 2606 Gill Avenue 383 - 122 -04 $ 1,129.00
Ward 4
29. 4803 Matterhorn Way 527-211-02 $ 105.00
February 20, 2014, 3:14PM /kd
S: \Dana\ADMINS\2014\MAR \3 -5- Property Abatement.docx
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 5
30.
7300 Calle Nobleza
339- 582 -06
$
660.00
31.
Pensinger Road
535 - 010 -48
$
2,495.00
Ward 6
32.
5721 Arc Dome Avenue
498 - 621 -03
$
105.00
33.
6201 Quaking Aspen Street
498 - 101 -15
$
105.00
Ward 7
34.
1018 Arnott Court
516 - 201 -10
$
300.00
35.
1900 Custer Avenue
023 - 121 -07
$
105.00
36.
2100 Fairview Road
372 - 382 -05
$
105.00
37.
4708 Maybrook Avenue
371 - 182 -07
$
300.00
38.
2626 Ming Avenue
148- 230 -17
$
105.00
39.
1912 Montgomery Avenue
023 - 141 -08
$
200.00
40.
7007 Oak Forest Court
515- 350 -18
$
105.00
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.
February 20, 2014, 3:14PM /kd
S:\Dana\ADMINS\2014\MAR \3 -5- Property Abatement.docx
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: J. k
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: February 12, 2014
SUBJECT: Resolution to add
Maintenance District
Director's Report and
Collector. (Ward 2)
APPROVED
DEPARTMENT HEAD n,,
CITY ATTORNEY K
CITY MANAGER S
Area 1 -97 (5001 Commerce Drive) to the Consolidated
and approving, confirming, and adopting the Public Works
authorizing collection of assessments by the Kern County Tax
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: On February 12, 2014 the Council adopted Resolution of Intention No. 1773
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
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ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 12, 2014 CITY ATTORNEY
CITY MANAGER )e
SUBJECT: Resolutions of Intention (ROI) to add the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report for each.
1. ROI # 1775 to add Area 1 -98 (2925 Mosasco Street) - Ward 4
2. ROI # 1776 to add Area 1 -99 (Tract 7217 at the NWC of Olive Drive and
Renfro Road) - Ward 4
3. ROI # 1777 to add Area 2 -56 (2626 Ming Avenue) - Ward 7
RECOMMENDATION: Staff recommends adopting the Resolutions of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcels 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 territories 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 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
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tj ADMINISTRATIVE REPORT
1
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD —aLLL_
DATE: February 21, 2014 CITY ATTORNEY L-f--
CITY MANAGER S
SUBJECT: Three (3) year agreement with Uncle's BBQ to provide concession services at the
Mesa Marin Sports Complex (ward 3).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The Mesa Marin Sports Complex has a prefabricated concession facility as part of the complex.
Concessions were previously operated for three years by Connors Concessions, who respectfully
declined to renew for another year. The City desires to enter into an agreement to continue
providing customers with concession services. Requests for Proposals (RFP) were sent to fifty two
(52) food and catering vendors on January 16, 2014, and two (2) acceptable proposals were
received on February 7, 2014. A screening committee reviewed and ranked the proposals based
on several evaluation criteria as outlined in the RFP.
The two (2) acceptable proposals received were from Uncle's BBQ and Mesa Marin Grill, which
are both local businesses.
Staff conducted verbal interviews with the two (2) applicants and found Uncle's BBQ's proposal
best met the criteria in the RFP. The criteria included enclosing a complete business plan,
indicating experience in concession operations, listing menu pricing along with menu items, and
staffing certificates. Uncle's BBQ has experience operating their own restaurant, operating
collegiate food concessions, and catering events.
Uncle's BBQ will pay the City 20% of the gross sales and retain the remaining 80 %. The agreement
is attached.
jln
February 21, 2014, 8:50AM
C:\ Users \sforsyth \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \3CDZNDWE \Mesa Marin
Concession Services.docx
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ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: t. nil
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
February 19, 2014
Cooperative
Transportation
1,2,6 and 7)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p
CITY MANAGER /eS
Agreement with the State of California Department of
for the Beltway Operational Improvements Project. (TRIP) (Wards
RECOMMENDATION: Staff recommends approval of Cooperative Agreement.
BACKGROUND: Caltrans previously approved the SR -58 Widening Project, which is referred to
as the Gap Project. The Gap project, currently under construction, is part of the TRIP program
and the Bakersfield Beltway System.
Recently, Caltrans proposed an additional project, referred to as the Beltway Operational
Improvements project, that is also part of the overall Bakersfield Beltway System. The Beltway
Operational Improvements Project is part of the original scope of work for the
TRIP program. Caltrans and the City have worked collaboratively to bring this project forward.
The Cooperative Agreement outlines the responsibilities of both the City and Caltrans
regarding environmental and preliminary engineering (PA&ED), final design (PS&E), and right -
of -way (ROW) phases of this project. In addition, this Agreement is a requirement to obtain the
necessary federal funds to advance this project.
The Beltway Operation Improvements Project includes the following benefits to the City's
transportation system:
• Braiding the southbound SR99 to eastbound SR58 branch connector with the
South H Street off -ramp to eliminate the short, non - standard weaving length
between the two interchange ramps;
• Auxiliary lanes in advance of the eastbound SR58 off -ramp to Union Avenue and
in advance of the westbound SR58 off -ramp to Chester Avenue;
• Realign and reconstruct the Chester Avenue on -ramp to eastbound SR58 to
accommodate a ramp metering system;
• Reconstruct the Union Avenue off -ramp from eastbound SR58 to provide a
second lane for storage and to accommodate an extra turn pocket;
• Reconstruct the Cottonwood Road off -ramp from eastbound SR58 to provide a
second lane for storage and to accommodate an extra turn pocket;
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ADMINISTRATIVE REPORT
• Realign and reconstruct the Ming Avenue on -ramp to southbound SR99 to
include a ramp metering system;
• Reconstruct a portion of the Ming Avenue on -ramp to northbound SR99 to
provide standard shoulder widths and improve an existing lane drop to meet
current standards; and,
• Construct sound walls along both sides of the SR58 corridor between SR99 and
Cottonwood Road and along northbound SR99 between the Belle Terrace
overcrossing and SR58.
On November 20, 2013, City Council approved the appropriation of additional funds to
complete environmental work for this project. This project was also able to use environmental
studies completed on previous projects including SR -58 Widening (Gap) Project and the
Centennial Corridor Project which has accelerated the environmental approval process.
Construction of elements of the Beltway Operational Improvements Project allows the City to
encumber further federal dollars which improve the City's transportation system. Other than
the need for some temporary construction easements, the project requires minimal right -of-
way acquisition since the project is located predominantly within existing State right -of -way.
The funding source for the Beltway Operational Improvements project would predominantly
be federally funded using TRIP earmark dollars. The local match requirement will be funded
with local traffic impact fees; therefore, there is no General Fund impact associated with this
project.
Staff recommends approval of the Cooperative Agreement. A separate cooperative
agreement for this project's construction phase will be brought forward for council
consideration at a future City Council agenda.
raw
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U � d
ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD dam\
DATE: February 18, 2014 CITY ATTORNEY
CITY MANAGER -S
SUBJECT: Agreement with CAZCD Investments, LLC to purchase real property located at
5200 Rosedale Highway for $48,500 for the Rosedale Highway Widening Project.
(TRIP Program - Ward 3 (County area))
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land
to widen Rosedale Highway, including County areas along Rosedale Highway. The project will
construct an additional travel lane in each direction, and curb, gutter and sidewalks. The
property in question is commonly known as the Hall Letter Shop. The approximately 4,483 square
feet of real property being acquired and the 4,409 square feet of temporary construction
easement area are presently improved as a landscaped area with lighting for the adjacent
parking lot. The purchase price of $48,500 is based on an appraisal prepared by Dallis Higdon
and Associates, an independent appraisal company. The purchase price includes the real
property, existing improvements, cost to reconstruct the remaining landscape area and a
temporary construction easement.
A Phase I Environmental Site Assessment report has been prepared encompassing all properties
required for the widening project during the State required Environmental Document process.
The Planning Division completed a 65402 Review and found this acquisition consistent with the
Metropolitan Bakersfield 2010 General Plan.
Property acquisition for the required right of way to construct the widening project for Rosedale
Highway is part of the TRIP program and is included in the grant funding for this project. The City
will be responsible for approximately 11 % of the project cost, including right of way, and will be
reimbursed the remaining 89% by the State and Federal Highway Administration.
Admin - Purchase Agmt - CAZCD Investments LLC
2/20/2014
CW
OFBAKE
ycowo ,r S
ADMINISTRATIVE REPORT
L/
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: February 25, 2014 CITY ATTORNEY
CITY MANAGE
SUBJECT: Amendment to Agreement CM 1 1- 004(1) with Viatron Systems ($40,
to exceed to $80,000) for document scanning services
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
APPROVED
ftv
On Feb. 11, 2011, the City entered into an Agreement No. CM11 -004 with ViaTron Systems, Inc. for
$25,000 to provide scanning services of documents with long term retention needs into the City's
archival system, LaserFiche. This was later amended on June 28, 2012, Amendment No. CM11-
004 (1), to add an additional $15,000 in budgeted funds to continue scanning voluminous paper
documents for long term digital storage.
This Amendment will add $40,000 of budgeted funds to the spending ceiling which will allow
departments, including: Planning & Building ($20,000), and Fire ($5,000) to continue to use this
service. Additionally, the Water department will begin to utilize this service for the first time
($15,000).
The current contract expires February 15, 2015 and will be rebid at that time based on pricing
and Service Level Agreements (SLA).
Typical examples of the use of this service include tract maps, site plan reviews, general plan
amendments, zone changes and property files. In general, these files are letter sized and may
contain folded maps or color pictures.
Part of the permit process for the Building Division includes the submittal of large format plans in
addition to letter sized material such as correspondence or various calculations. Because of the
size of the large format plans, if a regular process of scanning and destroying isn't adhered to
they begin to occupy and overwhelming amount of space.
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 20, 2014
APPROVED
DEPARTMENT HEAD d,�
CITY ATTORNEY
CITY MANAGER S
Wastewater Treatment Plant Nos. 2 and 3 (Wards 1 and 6):
1. Amendment No. 1 to Agreement No. 13 -045 with Ashland, Inc ($750,000; for a
revised total contract amount of $1,200,000) to provide dewatering polymer for
Plant No. 3 and to extend term of agreement by one year.
2. Appropriate $300,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant
No. 3) to the Public Works Department's operating budget for additional polymer
usage.
RECOMMENDATION: Staff recommends approval of Amendment and appropriation.
BACKGROUND: At the April '17, 2013 Council meeting, Agreement No. 13 -045 with Ashland was
approved for $450,000. Ashland was selected after responding to the City's Request for
Qualifications and Proposals (RFQ /P) for dewatering polymer. Agreement No. 13 -045 is renewable
annually for three consecutive one -year terms with the first term expiring on April 17, 2014. However,
staff recommends renewing the agreement earlier than April 17th since the $450,000 is nearly
exhausted.
The wastewater treatment process at Plant 3 requires that sludge undergo a dewatering process.
The goal of the dewatering process is to efficiently produce a sludge cake that can be transported
off -site for disposal or beneficial use. Polymers are an essential ingredient in the dewatering process.
The efficacy of a polymer is determined by its ability to capture solids and produce a dry sludge
cake.
The initial annual estimate of $450,000 was based upon anticipated polymer usage. Due to
problems with the dissolved air flotation (DAF) thickener which have now been resolved, additional
polymer is needed in order for the plant's sludge to be treated properly and disposed off -site. An
additional $300,000 of funding for dewatering polymer is needed to properly treat the Plant's sludge.
Additionally, since the term of the agreement expires on April 17th, staff recommends extending the
term by one year and adding $450,000 for anticipated annual polymer usage. Since the issue with
the DAF thickener has been resolved, staff anticipates that the $450,000 annual estimate is sufficient.
This proposed amendment of $750,000 revises the not to exceed amount to $1,200,000.
Staff recommends the appropriation of $300,000 of Sewer Enterprise Funds' to fully fund this
amendment. There is no General Fund Impact associated with this Amendment.
Zm
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MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: February 19, 2014
PP V
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER S
SUBJECT: Contract Change Order Nos. 1, 2, 5, and 8 to Agreement No. 13 -118 with Granite
Construction ($51,408.15 for a revised not to exceed amount of $25,512,459.65;
change order funded with Federal Earmark Funds {88.53 %) and Capital Outlay
Utility /Roads Fund 41.47 %)) for the State Route 178 and Morning Drive
Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, In general, of construction of a freeway interchange on
State Route 178 (SR -178) at Morning Drive and the extension of the SR -178 freeway for one and
a half miles, from just east of the Fairfax Road overcrossing to Canteria Drive /Bedford Green
Drive,
Change Order No. 1 establishes a Dispute Review Board (DRB) to assist in the resolution of
potential claims that arise during construction. As required by the contract specifications and
as has been the standard practice for previous Thomas Roads Improvement Program projects,
the cost for the DRB is borne equally by the Contractor and the City. This change order results
in a net increase of $20,000.00.
Change Order No. 2 provides for modifications to Drainage Systems # 31, # 32 and # 34. With
the modification of these systems, 18 -inch and 24 -inch diameter RCP was replaced by a
shorter length of 30 -inch diameter RCP. In addition, a manhole was no longer necessary and
so was eliminated. This change order results in a net decrease of ($7,229,40).
Change Order No. 5 provides for the purchasing, installing, maintaining, and removing of a
video Image detection system at the SR -178 and Canteria Drive Intersection. These cameras
will be used during construction in lieu of temporary traffic loops that had been originally
specified in the project plans. Multiple changes will occur to traffic patterns at this intersection
during the course of project construction, and with each change traffic would be disrupted
during the pavement cutting for loops and their Installation. It was concluded that using a
video detection system would cause less disruption to the traveling public during project
construction than the loops that were originally specified. This change order results in a net
Increase of $18,779.95.
Change Order No. 8 provides for a change to the Caltrans right -of -way fencing. The
Biological Opinion (BO) for the project states that the fence needs to be raised 6-inches off of
ground level to allow Kit Fox to escape predators, and so this detail was incorporated In the
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ADMINISTRATIVE REPORT
bid set of construction plans. However, after bidding, the Maintenance Section of Caltrans
voiced concerns with this detail. The BO also provided another alternative that required the
fence to have 8 -inch by 8 -inch holes every 100 feet to allow for a Kit Fox escape route, and
Caltrans found this alternative acceptable. This change order results in a net increase of
$19,857.60.
The net cost increase of Change Order No, 1, 2, 5, and 8 is $51,408.15. This provides a total cost
increase of $60,408.15 which is a 0.24% increase as illustrated below:
• Current Contract Amount = $25,452,051.50
• Previous Change Orders = $ 9,000.00
• Current Change Order No. 1, 2, 5, 8 = $ 51,408.15
• Amended Contract Agreement after CCOs = $25,512,459.65
Net Increase to date = $ 60,408.15
Adequate local /federal funds have been previously budgeted to cover these additional
costs.
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MI �fflll /li /H_ii
ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: C. S
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 11, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /LS
Reject bids for two (2) replacement fork lift trucks for use by the Rabobank
Arena. Ward 2
RECOMMENDATION: Staff recommends rejection of bids.
BACKGROUND: Bids were solicited for two (2) replacement fork lift trucks. Three (3) bids were
received in response to the solicitation.
Upon review of the bid proposals staff identified an error in the bid specifications regarding
overall height requirements for the equipment. Staff recommends rejecting all bids and re-
bidding specifications that include a restricted overall height requirement for equipment to be
used at the Rabobank Arena facility.
Purchasing Division /kb
SAPURCHWDMINWdmin 13 -14 \Reject Bids - Fork Lift Trucks, 13- 14-47, March 5, 2014.docx
February 11, 2014
ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 21, 2014 CITY ATTORNEY
CITY MANAGER. i�-
SUBJECT: Reject bids for Maintenance Shop Roof Reconstruction at Fire Station # 1. Ward 2
RECOMMENDATION: Staff recommends rejection of bids.
BACKGROUND: Bids were solicited for maintenance shop roof reconstruction at Fire Station #1.
Eight (8) bids were received in response to the solicitation.
All bids exceeded the amount budgeted for the project.
Staff will re- evaluate the project and will re -bid at a future date.
Purchasing Division/kb
& PURCHWDMIN\Admin 13 -14 \Reject Bids - Maintenance Shop Roof at Fire Sta #1, 13- 14 -38, March 5, 2014.docx
February 21, 2014
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: S. u
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ./✓�
DATE: February 25, 2014 CITY ATTORNEY
CITY MANAGER �'•S
SUBJECT: Extend Bid from Golden State Peterbilt, Bakersfield, $1,302,454.72, for three (3)
replacement and one (1) additional side - loading refuse trucks for the Public
Works Department, Solid Waste Division. (Citywide)
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: On September 22, 2010, Council accepted the bid from Golden State
Peterbilt, Bakersfield for the purchase of one (1) side loading refuse truck. The bid
specifications included a provision whereby, the City may purchase additional units at the
same per unit cost for an additional seven (7) years, with price adjustments due to increases in
the Consumer Price Index (CPI). Golden State Peterbilt has offered to extend their bid price
with a 2.13% increase, which is well below the 7.267% CPI fluctuation since the original bid was
approved. The adjusted unit price will be $325,613.68 for a total cost of $1,302,454.72 for this
purchase of four (4) units.
Funds for this purchase are in the FY 2013 -2014 adopted budget within the Equipment
Management Fund. This bid extension includes three (3) units scheduled for replacement and
one (1) additional unit to be utilized by a new position in the curbside recycling program.
Additional information regarding a history of each vehicle proposed for replacement is
attached for review.
Purchasing Division/kb
SAPURCHWDMIMAdmin 13- 14\Side Loading Refuse Truck, extension of bid 10- 11 -26, March 5, 2014.doc
February 25, 2014
Eaul°• No. Year and Model Condition
4525 2004 Autocar Needs major hydraulic modifications and
compaction body repairs. Would also need
replumb of LNG fuel system to meet NFP
standards. Mileage is 153,840.
4531 2004 Autocar High mileage (215,405), needs major
hydraulic and compaction body repairs.
Would also need replumb of LNG fuel system
to meet NFP standards.
4569 2005 Internat'I High mileage (321,000), engine is burning
excessive amount of oil and was due for
replacement in June 2012.
A
ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: 8-v.
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 19, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Extend bid for three (3) replacement four door police special sedans:
Extend bid from Jim Burke Ford, Bakersfield, in the amount of $68,880.18
for three (3) replacement four door police special sedans for use by the
Police Department. (Citywide)
2. Transfer and appropriate $54,452 Self Insurance Fund Balance to the
Equipment Management Fund Operating Budget.
3. Appropriate $14,428 Fund Balance to the Equipment Management
Fund Operating Budget.
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: On December 11, 2013, Council accepted the bid from Jim Burke Ford,
Bakersfield for the purchase of forty six (46) police special sedans. The specifications included
a provision whereby, with the written approval of both the bidder and the City, the City may
purchase additional units at the same per unit cost within one year after acceptance of the
original bid. Jim Burke Ford has indicated their approval to extend the unit cost of $22,960.06
for an additional three (3) police special sedans.
In November and December 2013, three (3) police special sedans were involved in traffic
accidents and have been declared "total loss" by an outside appraiser. Funding for the
replacement of the three (3) police special sedans is designated as follows: $54,452 from the
self- insurance fund, with the balance of $14,428 from the equipment management fund.
Staff recommends extension of bid and authorization of the appropriation and transfer.
Purchasing Division/kb
SAPURMADMINWdmin 13 -14 \Four Door Police Special Sedans, extension of bid 13- 14 -24, February 12, 2014.doc
February 19, 2014
A
l ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 19, 2014 CITY ATTORNEY 7#,
CITY MANAGER
SUBJECT: Accept bid from Jim Burke Ford, Bakersfield, in the amount of $79,100.51 for three
(3) replacement four door police special utility vehicles for use by the Police
Department K -9 unit. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Bids were solicited for the purchase of police special utility vehicles. Three (3)
bids were received in response to solicitation.
The police department has historically used Crown Victorias or similar full sized sedans for K -9
patrol units. The Crown Victoria is no longer in production and "full sized sedans" are generally
smaller than they used to be. In order to provide adequate space for K -9 patrol needs, the
Police Department will be transitioning to police special utility vehicles for replacement of
Crown Victoria sedans issued to the K -9 unit. The police special utility vehicle contains the
cargo room necessary for the installation of a K -9 dog kennel and individual front and rear
venting will allow the handler to adjust the temperature control to the dog kennel area.
Funds are budgeted in the Equipment Management Fund for the purchase of two (2)
replacement police special K -9 vehicles. This request also includes one (1) replacement police
special sedan that has been declared "total loss" by an outside appraiser due to an accident.
Funding for the total loss vehicle is provided by Equipment Management Fund balance and
Self Insurance Fund. Additional information regarding a history of each vehicle proposed for
replacement is attached for review.
The three (3) bids received are as follows.
BIDDER AMOUNT MAKE /MODEL BID
Jim Burke Ford, Bakersfield, CA $79,100.51 Ford Police Utility
Raceway Ford, Riverside, CA $84,453.53 Ford Police Utility
Wondries Fleet Group, Alhambra, CA $96,740.78 Chevrolet Tahoe PPV
Staff finds the bid submitted by Jim Burke Ford, Bakersfield, to be acceptable.
Purchasing Division*b
SAPURCHWDMINWdmin 13 -14 \Four Door Police Special Utility, March 5, 2014.docx
February 20, 2014
EaUIR. No. Mtleaae Year and Model Condiflon
5199 106,910 2006 Ford C.V. High mileage. Moderate body damage due to
accident. Interior has mechanical and cosmetic
defects. Vehicle taken out of service
5867 114,712 2007 Ford C.V. High mileage. Body and interior have various
mechanical and cosmetic defects and needs
some repairs.
5876 106,618 2007 Ford C.V. High mileage. Involved in accident and was
declared a total loss. Vehicle taken out of service
and sold at auction.
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: ? ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 20, 2014 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Accept bid from Jim Burke Ford, Bakersfield, in the amount of $57,845.76 for three
(3) replacement four door midsize sedans for use by the Police Department and
Public Works Department, Solid Waste Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Bids were solicited for the purchase of four door midsize sedans. Four (4) bids
were received in response to solicitation.
Funds are budgeted in the Equipment Management Fund for the purchase of three (3)
replacement four door midsize sedans. Two (2) sedans will be issued to detectives in the Police
Department's Investigation Unit; one (1) sedan will be issued to the Public Works Department's
Solid Waste Division to be used for field work associated with the recycled cart rollout program.
Additional information regarding a history of each vehicle proposed for replacement is
attached for review.
The four (4) bids received are as follows.
Jim Burke Ford, Bakersfield, CA
Three Way Chevrolet, Bakersfield, CA
McPeek's Dodge, Anaheim, CA
Fairway Ford, Placentia, CA
AMOUNT MAKE /MODEL BID
$57,845.76 Ford Fusion
$60,214.35 Chevrolet Malibu
$63,832.88 Dodge Dart
$66,999.83 Ford Fusion
Staff finds the bid submitted by Jim Burke Ford, Bakersfield, to be acceptable.
Purchasing Division /kb
SAPURCHWDMINWdmin 13- 14\Four Door Midsize Sedan, March 5, 2014.docx
February 20, 2014
Eaulc. No. Mileage Year and Model Condition
5251 103,502 2002 Buick Century High mileage. Body and interior have various
mechanical and cosmetic defects and needs some
repairs.
5254 109,375 2002 Buick Century High mileage. Body and interior have various
mechanical and cosmetic defects and needs some
repairs.
4045 109,772 1997 Crown Victoria High mileage. Body and interior have various
mechanical and cosmetic defects and needs some
repairs. Vehicle taken out of service and sold at
auction.
I
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD 1 `5
DATE: February 12, 2014 CITY ATTORNEY
Ae—
V-
CITY MANAGER
SUBJECT: Accept bid from EDX Information Systems, Incorporated in the amount of
$145,209.00 for one hundred fifty (150) replacement Lenovo desktop computers
for the Information Technology Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were solicited for Lenovo desktop computers. Ten (10) bids
were received in response to the solicitation. The low bid received from EDX Information
Systems, Incorporated is considered acceptable by staff.
The computers to be replaced are over 5 years old. As the computers reach their end of
lifecycle, they start to develop issues with several internal parts and many times are unable to
handle the workload. Many of the programs used by the City have been upgraded to newer
versions which require more resources than the older computers can provide. Staff considers
availability of replacement parts and age of the equipment to determine recommendation
for replacement.
Funds are budgeted in the Equipment Replacement Fund for the purchase of one hundred
fifty (150) Lenovo desktop computers.
The ten (10) bids received are as follows:
. X4A •
EDX Information Systems, Inc., Fremont, CA $145,209.00
Y & S Technologies, Brooklyn, NY $145,402.50
Cyber Computers, Inc., Irvine, CA $146,831.25
Unitek Computer Stores, Encino, CA $150,259.43
Zetta Pros, LLC, Signal Hill, CA $150,240.00
Purchasing Division /kb
SAPURCH\ADMINWdmin 13- 14 \Lenovo Thinkcentre M93Z Computers, 13- 14 -52, March 5, 2014.docx
ADMINISTRATIVE REPORT
New Tech Solutions, Inc., Fremont, CA
US Computers, Inc., Brea, CA
ATMAN, Inc., El Segundo, CA
Howards Technology Solutions, Ellisville, MS
Micro Trends, Pasadena, CA
$151,530.00
$151,917.00
$153,537.56
$156,367.50
$161,043.75
Purchasing Division /kb
S: \PURCH\ADMIN\Admin 13- 14 \Lenovo Thinkcentre M93Z Computers, 13- 14 -52, March 5, 2014.docx
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: g , Z .
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 18, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Jim Alfter Cement Contractor, Bakersfield
(not to exceed $273,380) for the construction of HUD curb and gutter for E
Truxtun Area. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited from contractors for the construction of curbs, gutters and
sidewalks in the areas of the city receiving HUD funding. This contract will provide for curb,
gutter and sidewalk construction for E Truxtun area. Four bids were received in response to
solicitation.
The bids submitted are based on an estimated quantity of work multiplied by the contractor's
unit price. Funds are allocated in the Community Development Block Grant Entitlement for
this contract. There is no General Fund impact associated with this contract.
The total amount available for HUD funded street materials and curb and gutter construction is
$813,000. Staff recommends award of this contract to the low bidder in the amount of
$273,380. The balance of funds is being proposed for award to Vulcan Materials Company for
HUD Street Materials and Jim Alfter Cement Contractor for HUD Curb & Gutter SE area schools
pedestrian improvements also on tonight's agenda.
BIDDER AMOUNT
Jim Alfter Cement Contractor, Bakersfield $273,380
Cen -Cal Construction, Bakersfield $278,275
DOD Construction, Bakersfield $284,250
V. Lopez Jr. & Sons, Bakersfield $357,350
Staff finds the low bid submitted by Jim Alfter Cement Contractor, Bakersfield, to be
acceptable and recommends approval of contract in the amount of $273,380.
Purchasing DivisioNkb
S:\PURCHWDMINWdmin 13 -14 \Contract for HUD - Funded Curb and Gutter E Truxtun Area, 13- 14 -30, March 5, 2014.docx
February 18, 2014, 10:16AM
A
,
ADMINISTRATIVE REPORT
U
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: g. 0.q,•
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 14, 2014 CITY ATTORNEY
CITY MANAGER kS
SUBJECT: Accept bid and approve contract to Jim Alfter Cement Contractor, Bakersfield
(not to exceed $78,053.35) for the construction of HUD curb and gutter for SE
Area Schools Pedestrian Improvements. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited from contractors for the construction of curbs, gutters and
sidewalks in the areas of the city receiving HUD funding. This contract will provide for curb,
gutter and sidewalk construction for SE area schools pedestrian improvements. Four bids were
received in response to solicitation.
The bids submitted are based on an estimated quantity of work multiplied by the contractor's
unit price. Funds are allocated in the Community Development Block Grant Entitlement for
this contract. There is no General Fund impact associated with this contract.
The total amount available for HUD funded street materials and curb and gutter construction is
$813,000. Staff recommends award of this contract to the low bidder in the amount of
$78,053.35. The balance of funds is being proposed for award to Vulcan Materials Company
for HUD Street Materials and Jim Alfter Cement Contractor for HUD Curb & Gutter E Truxtun
area also on tonight's agenda.
,10010
Jim Alfter Cement Contractor, Bakersfield $ 78,053.35
Cen -Cal Construction, Bakersfield $ 94,835.00
DOD Construction, Bakersfield $ 96,975.00
V. Lopez Jr. & Sons, Bakersfield $128,615.00
Staff finds the low bid submitted by Jim Alfter Cement Contractor, Bakersfield, to be
acceptable and recommends approval of contract in the amount of $78,053.35.
Purchasing Division/kb
S:\PURCHWDMINWdmin 13 -14 \Contract for HUD - Funded Curb and Gutter SE Area Schools Ped Improve, 13- 14-48, March 5, 2014.docx
February 14, 2014, 12:17PM
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 19, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Vulcan Materials Company, Bakersfield
(not to exceed $461,567) for the supply of HUD funded street materials. Ward 1, 2
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited for a contract to supply street materials used in the areas of
the city receiving HUD funding. The materials purchased under this contract will be utilized for
street rehabilitation in areas of East Truxtun and for pedestrian improvements in the vicinity of
Pauly Elementary School and Bessie Owens Elementary School in the Southeast area. Three
(3) bids were received in response to solicitation.
The bids submitted are based on a price per ton for street materials to be picked up by City
forces. For evaluation purposes, a cost of hauling ($0.30 per ton mile) is added to bid prices
for vendors whose plant is further than ten (10) miles distance from the City Corporation Yard.
No additional cost of hauling will be added to bids with plants within ten (10) miles distance
from the City Corporation yard. The bid prices per ton plus the cost of hauling, if applicable,
are listed below. Funds are allocated in the Community Development Block Grant Entitlement
for this contract. There is no General Fund impact associated with this contract.
The total amount available for HUD funded street materials and curb and gutter construction is
$813,000. Staff recommends award of this contract to the low bidder in the allocated amount
of $461,567. The balance of funds is being- proposed for award to Jim Alfter Cement
Contractor for HUD Curb & Gutter SE area schools pedestrian improvements and HUD Curb &
Gutter E Truxtun area also on tonight's agenda.
Bidder
Bid price
Distance from
Hauling Cost
Adjusted bid
perton
Corp. Yard
.30 per mRe
rice per ton
Vulcan Materials Company
$55.89
7.7 miles
Not applicable
$55.89
Bakersfield, CA
Granite Construction Co.
Bakersfield, CA
$60.87
8.66 miles
Not applicable
$60.87
Griffith Company
$59.60
30 miles
$9.00
$68.60
Bakersfield, CA
Staff finds the low bid submitted by Vulcan Materials Company, Bakersfield, to be acceptable
and recommends approval of contract in the amount of $310,000.
Purchasing Division/kb
S:IPURCHWDMIN\Admin 13 -14 \Contract for HUD - Funded Street Materials, 13- 14 -49, March 5, 2014.docx
February 19, 2014, 4:15PM
A
ADMINISTRATIVE REPORT
MEETING DATE: March 05, 2014 AGENDA SECTION: Consent Calendar
ITEM: c C
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: February 25, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Cen -Cal Construction ($53,524.00) for the
Median Construction: Clay Patrick Farr Way, beginning at Rosedale Highway and
approximately 480 feet north of the intersection of Rosedale Highway and Clay
Patrick Farr Way project. (Ward 4).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: This project will construct a raised median island on Clay Patrick Farr Way,
beginning at Rosedale Highway and approximately 480 feet north of the intersection of Rosedale
Highway and Clay Patrick Farr Way. The addition of this median island will provide structured
channelization, and eliminate illegal turns and crossings at the driveways near Rosedale
Highway, and thus make the area safer to navigate through. Existing pavement markings and
traffic striping modifications are needed for the channelization to be complete. Attached is an
aerial map illustrating the proposed improvements.
This project is funded through gas tax revenues and is subject to prevailing wages. The Engineer's
Estimate for this construction contract was $70,300.
On January 15, 2014, a total of three bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Cen -Cal Construction
10112 Revere Beach Drive
Bakersfield, CA 93314 (City)
Griffith Company
1 128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County)
STL Landscape, Inc.
8122 Compton Avenue
Los Angeles, CA 90001 (Out of Area)
in the amount of $53,524.00
in the amount of $54,045.00
in the amount of $64,000.00
Sufficient funds are budgeted for award of this contract. There is no General Fund impact
associated with this project since the project is funded by gas tax revenues.
Public Works / Design Engineering / SL
G:\GROUPDAT\ADMINRPT \2014 \03- 05 \T2K214 -Clay Patrick Farr Way Median Improvements.docx
February 25, 2014, 11:59AM
OF,BA, E S
ADMINISTRATIVE REPORT
i
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: $. dd.
TO: Honorable Mayor and City Council
FROM: Dianne Hoover, Director of Recreation & Parks
DATE: February 18, 2014
APPROVED
DEPARTMENT HEAD /c ) (-
CITY ATTORNEY �=j1-'
CITY MANAGER JCS
SUBJECT: Transfer $15,000 from the Patriots Park Shade Structure project to the Recreation
and Parks Department Capital Improvement Budget within the Park Improvement
Fund for the purchase and installment of a shade structure at Stiern Park (Ward 7).
RECOMMENDATION:
Staff recommends approval of transfer.
BACKGROUND:
The Greenfield Walking Group is very active in the community surrounding Stiern Park, 5201
Monitor Street. The Greenfield Walking Group was instrumental in obtaining a new playground,
adding sidewalks in the park, and enhancing the landscape. They have been nationally
recognized through Novellas in engaging citizens to solve problems such as blight, obesity, and
crime.
The Greenfield Walking group meets daily at Stiern Park for exercise and socialization free of
charge. The exercise area has a small shelter as well as an extended concrete pad. This
concrete pad is an ideal location for the exercises (known as Zumba), however, the lack of
shade during the warm months discourages participation. They have made several requests for
additional shade to City staff and even through the County Supervisor's office.
Staff recommends transferring $15,000 from available funds remaining in the Patriots Park Shade
Structure project to the Recreation and Parks Department Capital Improvement Budget within
the Park Improvement Fund (central zone, development fees). There is no General Fund impact
associated with this project.
February 18, 2014, 9:05AM:jln
S: \ADMINISTRATION DIVISION \Admin Rpts \2014 Admins \Stiern Shade.docx
A!{E
�L.
ADMINISTRATIVE REPORT
1
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: g, Ice
TO: Honorable Mayor and City Council
APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD co
DATE: February 18, 2014
CITY ATTORNEY Z �---
CITY MANAGER S
SUBJECT: Appropriate $5,700 contributions to the Recreation and Parks Department
Operating Budget within the General Fund for various recreation programs.
(Wards 1, 2, and 6)
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
Several organizations have contributed to various recreation programs offered through the
Recreation and Parks Department. The contributions assisted with the funding of programs that
would otherwise not have materialized. The following are the amounts received and the
programs to which they have been applied:
Contributor Amount
The Gas Co. $2,000
Kaiser Permanente $2,450
Adville USA $1,250
iln
Program
Escape School @ Dr MLK, Jr Community Center
Family Fun Night @ McMurtrey Aquatic Center
Music Fest & Movies in the Park @ Silver Creek Park
S: \ADMINISTRATION DIVISION \Admin Rpts \2014 Admins \Misc Contributions.doc
A
� f
ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: C. Ff .
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsoac, Community Development Director
DEPARTMENT HEAD��
DATE: February 24, 2014
CITY ATTORNEY
CITY MANAGER
�S
SUBJECT: Department of Housing & Urban Development (HUD) Action Plan Amendments,
and appropriation of Emergency Solutions Grant (ESG) Funding (All Wards):
1. FY 12/13 Action Plan Amendment 7, and FY 13/14 Action Plan
Amendment 3 to reprogram $2,732,783 in CDBG funding to various street
improvement projects.
2. Appropriate $9,894 ESG funds to the Community Development CDBG
operating budget.
RECOMMENDATION:
Staff recommends approval of the amendments and appropriation.
BACKGROUND:
The City receives funding annually from HUD as an entitlement community through the City's
Action Plan, which describes all HUD - funded City projects and sets aside funding for Section
108 loan payments for a particular fiscal year. The process by which significant changes are
made to the Action Plan is termed by HUD to be a Substantial Amendment. Staff is
recommending Substantial Amendments to the City's FY 12/13 and FY 13/14 Action Plans.
These proposed amendments were presented to the Budget and Finance Committee at its
meeting of January 27, 2014.
In December 2012, the State of California Department of Finance (DOF) denied contractually -
obligated (former) tax increment Redevelopment funding for the Park 20th Apartments
housing project (400 20th Street). As a result, the City of Bakersfield sued the DOF to reinstate
those funds for the project. However, since the City of Bakersfield is contractually- obligated to
complete the project as a condition of the Prop 1C infrastructure grant from the State of
California, the City identified alternative sources of funding in the event that the City did not
prevail in its action against the DOF. The primary source of alternative funding identified and
S: \Dana\ADMINS\2014 \MAR \3 -5- Action Plan Amendments.Docx
2/24/2014 12:19 PM
rab
ADMINISTRATIVE REPORT Page
programmed for the Park 20th Apartments project was Community Development Block Grant
(CDBG) funding in the amount of $2,732,783.
In November 2013, the City of Bakersfield received a favorable ruling in the case against the
DOF, reinstating Redevelopment funding for the project. Thus, the $2,732,783 in CDBG funds
set -aside for the Park 20th project can now be reprogrammed to other projects.
In evaluating projects to which the funding could be reallocated, staff utilized two primary
criteria. First, due to expenditure requirements associated with CDBG funds, staff focused on
finding shovel -ready projects. Second, with equal emphasis, staff focused on projects that
exhibited a high level of need in the neighborhoods in which the projects are located. As a
result, staff proposes funding five infrastructure projects to be administered by the Bakersfield
Public Works Department.
The proposed Action Plan amendments are reflected in the following table:
Fiscal
Program
Current Plan
Action
Revised Plan
Year
Amount
Amount
PROJECTS CANCELLED
12/13
New Construction Assistance to CBDO
- Housing development assistance for
costs associated with acquisition and /or
$1 ,709,767
Cancel
$0
construction of affordable housing by a
(- $1,709,767)
Community Based Development
Organization CBDO
13/14
New Construction Assistance to CBDO
- Housing development assistance for
costs associated with acquisition and /or
$1,023,016
Cancel
$0
construction of affordable housing by a
(- $1,023,016)
Community Based Development
Organization CBDO
NET FROM CANCELLED
PROJECTS
- $2,732,783
PROJECTS CREATED OR INCREASED
12/13
Planz Area Curb, Gutter, Sidewalk and
Reconstruction - Install curb, gutter and
sidewalk prior to reconstructing and
Create
paving streets in an area generally
$0
( +$700,000)
$700,000
bounded by Planz Avenue, the San
Joaquin Railroad, Wilson Street, and South
H Street Ward 1
12/13
Beale Area Curb, Gutter, Sidewalk
and Reconstruction - Install curb, gutter
and sidewalk prior to reconstructing and
Create
paving streets in an area generally
$0
( +$500,000)
$500,000
bounded by Flower Street, Beale Avenue,
Kentucky Street, and Virginia Street (Ward
2
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2/24/2014 12:25 PM
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ADMINISTRATIVE REPORT
Page 3
12/13
Oleander Area Curb, Gutter, Sidewalk
and Reconstruction - Install curb, gutter
and sidewalk prior to reconstructing and
Create
paving streets in an area generally
$0
( +$509,767)
$509,767
bounded by Oleander Ave, Bank St,
Chester Ave, and California Ave (Ward 2)
13/14
Union /Brundage Area Curb, Gutter,
Sidewalk and Reconstruction - Install
curb, gutter and sidewalk prior to
Increase
reconstructing and paving streets in an
$212,000
( +$523,016)
$735,016
area generally bounded by Union
Avenue, Brundage Lane, P Street, and 4th
Street (Ward 1)
13/14
East Calffornia Area Curb, Gutter,
Sidewalk and Reconstruction - Install
curb, gutter and sidewalk prior to
reconstructing and paving streets in an
$ 225,000
Increase
$725,000
area generally bounded by California
( +$500,000)
Avenue, Dr. Martin Luther King Jr.
Boulevard, Brundage Lane, and Union
Avenue( Ward 1
NET FROM CREATED OR INCREASED PROJECTS
$2,732,783
In accordance with HUD regulations and the City of Bakersfield's Citizen Participation Plan, a
30 -day Public Notice for the aforementioned amendments to solicit public input was
published on February 4, 2014.
To date, staff received phone calls from two residents, indicating concern over reallocating
funds set -aside for the development of affordable housing. Additionally, staff received written
comments from Mr. Marvin Dean indicating that he does not oppose the staff
recommendation; however, Mr. Dean expressed concern over the lack of diversity in minority
hiring as part of the HUD - funded infrastructure projects. Mr. Dean's letter is attached as part of
this administrative report.
Per HUD regulations, the City of Bakersfield has policies and procedures in place to maximize
participation of Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) in the
procurement process. However, HUD does not require that the City track the race or ethnicity
of individual workers on construction projects.
In a separate "clean up" action, staff is requesting that $9,894 in a prior year HUD Emergency
Solutions Grant (ESG) allocation be appropriated to the Community Development CDBG
Operating budget for allowed administrative costs. The large majority of this grant award
(approximately $73,000) was previously awarded to various local non - profit organizations;
however, the administrative portion was not formally appropriated.
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2/24/2014 12:24 PM
rab
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 20, 2014
APPROVED
DEPARTMENT HEAD -
CITY ATTORNEY D
CITY MANAGER /S
Approve mailing of Proposition 218 notices to commercial customers regarding
proposed update to the methodology of calculating sewer surcharges. All Wards.
RECOMMENDATION: Staff recommends approval of mailing of Proposition 218 notices to
commercial customers reflecting proposed update to the methodology of calculating sewer
surcharges.
BACKGROUND: The January 22, 2014, City Council agenda included referral of the Sewer Utility
Rate Study, which is a part of the overall Wastewater Revenue Program, to the Budget and
Finance Committee for review. The goal of the proposed update, which will affect
approximately 1,700 commercial customers, is to comply with state mandates and to simplify the
current complicated surcharge calculations for the benefit of our customers, as explained later in
this Administrative Report.
At the January 27th Budget and Finance Committee, staff presented a detailed, in -depth
presentation regarding this complex issue. The Committee reviewed the material and asked
several questions regarding the sewer study. The Committee instructed staff to forward the study
to the full Council for consideration.
Summary of presentation provided to Budget and Finance Committee:
Sewer fees are required by state law to be periodically changed and updated to ensure all
sewer users pay their proportionate share to treat effluent at the City's two plants. The last
Wastewater Revenue Program was approved by the City Council on May 16, 2001, and by the
State Water Resources Control Board on July 9, 2001. As the study was prepared over 12 years
ago, staff proposes an update to the current Revenue Program to ensure continued compliance
with state requirements.
Sewer user fees include a flat rate that is billed to all residential and commercial customers. Flat
rates are collected on the property tax roll. Commercial customers are also charged surcharge
fees when actual water flow exceeds their flat rate base. These surcharges were the subject of
the presentation to the Budget and Finance Committee and tonight's agenda item.
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ADMINISTRATIVE REPORT
Of the approximate 4,200 commercial customers, about 1,700 annually exceed their baseline
flow and are subject to surcharges. Although surcharge rates do go up when necessary,
changes in annual water flow is the predominant reason surcharges vary from year to year.
Because current surcharge calculations are so complex, it is difficult to explain this to users. Staff
proposes a simplified methodology that is more user - friendly.
The current and proposed methods differ in how surcharge fees are applied to water flow. The
current method uses three separate rates (flow, biological oxygen demand, and total suspended
solids) to calculate annual surcharges. Staff proposes to simplify the calculation by using a single
blended rate for commercial user groups based upon the strength of the effluent treated at the
plants. In fact, simplification of the surcharge calculations will allow staff to make available on
the City's webpage the streamlined surcharge methodology. In turn, this would allow
commercial customers to forecast and monitor their own surcharges.
As previously noted, of the 1,700 commercial customers subject to surcharge, most customers
experience swings from year to year because water consumption may dramatically change
from year to year. Most of the 1,700 customers (89 %) will see an increase or decrease of less than
5% or less than $100 in the first year of implementation. Many low strength customers will
experience decreases. The remaining 11% of customers (approximately 190 customers) will
experience an increase or decrease of more than 5% and more than $100. For the customers
that see a significant increase (approximately 50 customers), staff recommends a five -year
implementation period to minimize disruption to these ratepayers.
The proposed update to sewer surcharge calculations are subject to Proposition 218 noticing
requirements as explained in the next section.
Timeline to meet Proposition 218 Noticing Requirements:
Proposition 218 regulations require noticing of property owners for changes in methodology.
Therefore, simplification of surcharge calculations is subject to Proposition 218 noticing
requirements. Notices would have to go out in early April to meet deadlines for FY 14/15 sewer
charges. The hearing to consider the proposed update is scheduled for the June 4th City Council
meeting, after receiving public input on this issue. In addition, at this same meeting in June, staff
will also submit the updated Wastewater Revenue Program for council consideration.
Summary:
Tonight's action authorizes staff to mail out Proposition 218 notices to commercial customers
notifying them of the proposed update to sewer surcharge calculations. At tonight's meeting,
Council is not approving the update to the sewer surcharge methodology. Council consideration
of the proposed update is scheduled for the June 4th meeting after receiving public input.
On a different yet related note, based on preliminary budget estimates for FY 14/15, it appears
no sewer rate increase is needed for the fourth year in a row. Therefore, implementing the
proposed change in sewer surcharge methodology - without the need for a rate increase -
would make the transition smoother for impacted ratepayers.
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A
ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: T.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Christi Tenter, Human Resources Manager
February 21, 2014
DEPARTMENT HEAD,
CITY ATTORNEY
CITY MANAGER
APPROVED
M
Revised Job Specification: Heavy Equipment Operator - Solid Waste & Recycling
( #13230)
RECOMMENDATION:
Staff recommends approval of the revised job specification.
BACKGROUND:
As part of the recruitment process, the job specification for Heavy Equipment Operator - Solid
Waste & Recycling was reviewed and updated to ensure consistency both internally with City
positions and externally with other comparable agencies and municipalities. The job
specification has been put into a new format for readability and reflects the current industry
terminology. The job specification has not been updated since 1999.
Language was changed and /or added to update the class summary, essential job duties,
minimum qualifications, and physical or special working conditions to reflect the actual job
duties. Human Resources staff worked closely with the Solid Waste Superintendent to update
the job specification.
SEIU has been advised of the proposed recommendations. There is no budgetary impact as
the salary will remain the same. The revised job specification was presented and approved by
the Miscellaneous Civil Service Board at their February 18, 2014 meeting.
(sc)
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ADMINISTRATIVE REPORT
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: I. ii.
TO: Honorable Mayor and City Council
FROM: Rhonda Smiley, Assistant to the City Manager
DATE: February 24, 2014
SUBJECT: Electronic Agenda Management
RECOMMENDATION:
1) Staff recommends:
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
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.
BACKGROUND:
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.
Agenda 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
MEETING DATE: March 5, 2014 AGENDA SECTION: Consent Calendar
ITEM: T. '
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 20, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Receive and file successor agency payments from January 31, 2014 to
February 20, 2014 in the amount of $35,644.47
RECOMMENDATION:
Staff recommends 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 (BOPS) 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 #586157 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 #586681 to Chicago Title Company Inc. for $35,000.00 is a payment for Parkview
Cottages down payment assistance. Payment approved as ROPS line item #22.
Wire transfer #9992300 to Bank of America for a credit card charge of $222.80 for Successor
Agency administrative expense to the Bakersfield Californian for a public hearing notice of the
Oversight Board. Payment approved as ROPS line item #5.
SAKim G \ADMIN — SA \COLJNCIL- ADMIN -SA- 2014 \ADMIN—SA 03- 05- I4.doc
MEETING DATE: March 5, 2014 AGENDA SECTION: REPORTS
ITEM: CL
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD_
DATE: February 24, 2014 CITY ATTORNEY
CITY
SUBJECT: Report regarding Councilmember Request for Creation of an Ad Hoc Committee
to Review the Thomas Road Improvement Program (TRIP) Projects
RECOMMENDATION: Staff recommends that this report be received and filed, with no further
action taken.
BACKGROUND: At the City Council meeting of February 12, 2014, Councilmember Maxwell
asked that the creation of an Ad Hoc Committee for TRIP projects be placed on this agenda for
Council consideration. Specifically, he stated, in part, "I would like staff to agendize in the next
meeting a discussion on the feasibility of an ad hoc Council committee, which may include
members of the public, as well as I would suggest two or three members of the Council to deal
with the TRIP issues. Just as we deal with them, we have Council committees on budget and
finance, and leg and lit, I think an ad hoc committee to deal with simply the TRIP projects would
be nice. I think it would have a lot of advantages, really keep the public informed, and rather
than me spending all this time on this project, if we would have such a committee, they would
be one hundred percent on top of what's really going on with this project and be able to give
the Council some advice on the way that they view what's being done."
Staff recommends against such a committee formation for the following reasons:
1) TRIP Team
The Thomas Roads Improvement Program (TRIP) team was conceived by retired
Congressman Bill Thomas. The concept was to combine all of the affected parties into a
cohesive "team" that functions to deliver projects through communication, cooperation
and frequent interaction. It is not political, nor are there any elected officials involved. It
is a professional working group.
The parties involved are the City of Bakersfield, County of Kern, Kern Council of
Governments (KernCOG), and the California Department of Transportation (Caltrans).
Parsons provides management services under contract.
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The TRIP team has always, and continues, to work effectively. Successfully completed
projects, to date, include:
• SR 178 /Fairfax Road Interchange
• SR 99/71h Standard Road Interchange
• 71h Standard Road Widening
• 7th Standard Road /BNSF Grade Separation
• Westside Parkway - Mohawk Street Extension
• Westside Parkway - Truxtun Tie -in, and Allen Road Interchange
• Westside Parkway - Truxtun Avenue to Allen Road
Projects currently under construction include:
• Westside Parkway - Allen Road to Stockdale Highway /Heath Road (final phase)
• SR 58 Gap Closure Project
• SR 178 /Morning Drive Interchange
• SR 99 North Widening
• SR 99 South Widening
The latter two projects listed above are spin -off projects that were created as a result of
the collaborative process of the TRIP partners. Staff anticipates completion of both
projects this spring.
In 2014, construction will begin on the following projects:
• SR 99 /Hoskings Road Interchange
• Rosedale Highway Widening Project
• SR 178 Widening
• Beltway Improvement Projects
In 2015, construction will begin on the 24th Street Widening project.
In 2017, construction will begin on the Centennial Corridor.
2) Environmental Documents
All California Environmental Quality Act (CEQA) documents under the City's control are
complete. Discussions regarding route alternates and other major issues connected with
project design are either past- tense, or, as is the case of the Centennial Corridor under
the responsibility of Caltrans. There are, therefore, no significant discretionary decisions
that could be analyzed by a committee.
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ADMINISTRATIVE REPORT
3) Remaining Work
Property acquisition is legal and technical, performed under the strict guidelines of the
Federal Highway Authority (FHWA) and Caltrans.
Also, with respect to financing and loan issues, the City Council is kept informed and is up to
date regarding the detailed planning that has been in process for an extended period of time.
Well experienced bond attorneys are assisting us, along with our financial advisors. City staff is
familiar with, and experienced in bond issue processing. Ultimately, the policy decisions
regarding those matters are properly made by the City Council.
SUMMARY:
TRIP is in the project delivery phase, and the agencies in partnership as the TRIP Team have
been steadily working towards our mutual goals since October 12, 2005.
With the issuance of the recent E -76, (right -of -way property acquisition funding in the amount of
$180,900,000.00), the job is not to debate programs, but to allow the TRIP Team to focus on
maintaining critical schedules and project delivery.
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ADMINISTRATIVE REPORT
U C7
MEETING DATE: March 5, 2014 AGENDA SECTION: REPORTS
ITEM:
TO: Honorable Mayor and City Council
FROM: Art Chianello, Water Resources Manager
DATE: February 25, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY per.
CITY MANAGER /w
SUBJECT: Report regarding Drought Conditions and Water Conservation Efforts (All Wards)
RECOMMENDATION: Staff recommends the report be received and filed.
BACKGROUND:
At the February 12, 2014 City Council Meeting, Councilmember Rivera requested that staff present a
report at the next City Council meeting regarding efforts to deal with historical drought conditions and what
may be considered for future drought situations.
Staff will present a report, including a visual presentation, with historical background pertaining to past
drought conditions, as well as the drought we are currently experiencing. The report will include
information regarding the actions the City has taken in response to the drought and what we are doing to
prepare for future drought conditions.
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 12, 2014
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:34 p.m.
1.
2.
9
ROLL CALL
Present: Vice -Mayor Weir, Councilmembers
Rivera, Maxwell, Smith, Hanson, Sullivan
(seated at 3:40 p.m.), Johnson
Absent: Mayor Hall
PUBLIC STATEMENTS
None.
CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) for
the following:
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).
Motion by Councilmember Hanson to adjourn to
Closed Session at 3:35 p.m.
Motion by Councllmember Maxwell to adjourn from
Closed Session at 4:43 p.m.
ACTION TAKEN
APPROVED
AS HALL
APPROVED
AS HALL
4.
5
Bakersfield, California, February 12, 2014 - Page 2
CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Legal Counsel - Existing CITY ATTORNEY WAS
Litigation; Closed Session pursuant to GIVEN DIRECTION
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 NO REPORTABLE
Litigation; Closed Session pursuant to ACTION
Government Code Section 54956.9 (d) (4) (one
potential case).
ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 5:09 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Rivera, Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None
City Clerk Gafford announced that, at the request of
Councilmember Rivera, Consent Calendar Item 8.e. has
been pulled from the Agenda.
Bakersfield, California, February 12, 2014 — Page 3
2. INVOCATION by Pastor Tony Duckworth, Disciples of ACTION TAKEN
Christ Church.
3. PLEDGE OF ALLEGIANCE by Ethan Moyes, 2nd grade
student at Del Rio Elementary School.
Mayor Hall acknowledged Boy Scout troops 139 and 194 in
attendance at the meeting to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a plaque
honoring Monsignor Craig Harrison for the
selection of his home as a Premier Yard of 2013
in our City.
Monsignor Harrison accepted the plaque and
made comments.
b. Presentation by Mayor Hall of a Certificate of
Congratulations to Vice -Mayor Weir
acknowledging two recent awards from the
Amateur Association, and USA Softball,
honoring the City's Mesa Marin Softball Facility.
Vice -Mayor Weir accepted the Certificate,
plaques, made comments, and recognized the
efforts of the Recreation and Parks Department.
5. PUBLIC STATEMENTS
a. Robert Braley spoke regarding the Centennial
Corridor and the other TRIP projects; feels that,
considering the enormous cost of Centennial, it
makes sense to separate it from all the others
and present it to the voters and taxpayers to
determine if they want this project completed
or not; and he submitted written material.
b. The following individuals spoke in support of a
cul -de -sac on Cedar Street: Keith Barnden,
Dr. Mark Root, Bernadette Root (and read a
letter from homeowner and attorney John Hall),
Romain Clerou, Nancy Frick, and Marci Lingo.
Councllmember Maxwell directed Public Works
Director Rojas to meet with him to discuss what
opportunities are available for helping the
Cedar Street residents to get a cul -de -sac.
Bakersfield, California, February 12, 2014 — Page 4
5. PUBLIC STATEMENTS continued ACTION TAKEN
C. Ray Scott, with Keep Bakersfield Beautiful,
spoke regarding the Great American Cleanup
and the Greater Bakersfield Green Expo
scheduled for April 12, 2014; and he submitted
written material.
d. The following individuals spoke in support of the
HERO Program: Brian McCarty; Mark DeVries,
CEO of One Hour Heating & Air Conditioning,
and he submitted written material; Glenn Bland,
owner and CEO of Bland Solar & Air; and
Dustin Reilich, Director of Municipal
Development for the California HERO Program.
Councilmember Rivera requested that this
matter be referred to the next Budget and
Finance Committee meeting scheduled for
February 24th.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
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:
C. First Reading of Ordinance amending Municipal FR
Code Section 1. 12.050 by adding Annexation
No. 517 located generally south of Panama
Lane between Progress Road and Old River
Road.
Bakersfield, California, February 12, 2014 — Page 5
8. CONSENT CALENDAR continued
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.
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.
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.
In. 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.
ACTION TAKEN
RES 016 -14
REMOVED BY
COUNCILMEMBER
RIVERA
RES 017 -14
AGR 14 -017
RES 018 -14
ROI 1773
Bakersfield, California, February 12, 2014 — Page 6
8. CONSENT CALENDAR continued
Emergency Sewer Repair on 15' Street from
Chester Avenue to N Street:
Amendment No. 1 to Resolution
No. 005 -14 dispensing with normal
bidding procedures due to the need for
emergency sewer repair on 1 It 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.
Agreements:
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.
k. Final Map and Improvement Agreement with
Froehlich, Inc., for Tract 6796, Unit 1, located
east of Jenkins Road and north of Brimhall
Road.
Improvement Agreement with Amber
Investments, LLC, for Parcel Map 11192
located north of Stockdale Highway and east
of Allen Road.
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)
ACTION TAKEN
RES 005 -14(1)
AGR 14 -018
AGR 14 -019
ABS SMITH
AGR 14 -020
AGR 14 -021
AGR 14 -022
Bakersfield, California, February 12, 2014 - Page 7
8. CONSENT CALENDAR continued
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.
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:
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 4th 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.
ACTION TAKEN
AGR 14 -023
AGR 11- 061(1)
AGR 12- 042(2)
AGR 13- 025(1)
AGR 13- 036(1)
AGR 12 -165
CC04
AGR 14 -024
AGR 14 -025
Bakersfield, California, February 12, 2014 - Page 8
8. CONSENT CALENDAR continued
Miscellaneous:
W. Acceptance of 2012 -13 Transportation
Development Act Funds Financial Statements.
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
Subregional 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.
City Clerk Gafford announced that, at the request of
Councilmember Rivera, Item 8.e. has been pulled
from the Agenda; and a staff memorandum was
received correcting the Council Ward designation
from Ward 4 to Ward 2 on Item 8.h.
Councilmember Smith announced that he would
abstain, due to conflict of interest, source of income to
himself, on item 8.k.
ACTION TAKEN
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.y., with the removal by
Councilmember Rivera of item 8.e.
Bakersfield, California, February 12, 2014 — Page 9
9. CONSENT CALENDAR PUBLIC HEARINGS
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)
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)
1. 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.
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)
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.
ACTION TAKEN
RES 019 -14
RES 020 -14
FR
RES 021 -14
RES 022 -14
9.
Bakersfield, California, February 12, 2014 — Page 10
CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Item 9.c. continued
3. First Reading of Ordinance amending FR
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.
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 RES 023 -14
Declaration. ABS WEIR
2. Resolution approving the general plan RES 024 -14
amendment changing the land use ABS WEIR
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 FR
the Official Zoning Map in Title 17 of the ABS WEIR
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.
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 Reina 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 RES 025 -14
Declaration. ABS SMITH
Bakersfield, California, February 12, 2014 - Page 11
9. CONSENT CALENDAR PUBLIC HEARINGS continued
Item 9.e. continued
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.
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 trail, as shown on map.
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 multi - purpose
trails. (Staff recommends adoption of the
Resolution)
1. 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.
A staff memorandum was received regarding items
9.b. and 9.c., clarifying the bicycle and pedestrian
access in and around the project site.
ACTION TAKEN
RES 026 -14
ASS SMITH
FR
ASS SMITH
RES 027 -14
RES 028 -14
Bakersfield, California, February 12, 2014 - Page 12
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Vice -Mayor Weir announced that he would abstain,
due to a potential conflict of interest, on item 9.d.
Councilmember Smith announced that he would
abstain, due to conflict of interest, source of income to
himself, on item 9.e.
Consent Calendar Public Hearings opened at
6:03 p.m.
No one spoke.
Consent Calendar Public Hearings closed at 6:04 p.m.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar Public Hearings Items 9.a. through 9.g.
10. REPORTS
a. Follow Up Responses to Referrals from
Councilmember Maxwell:
One Way Streets in the Downtown Area.
2. Traffic Counts for 24th Street, Oak Street,
Truxtun Avenue and Westside Parkway.
City Clerk Gafford announced that staff
memorandums have been received regarding
CalTrans Pavement Maintenance on 24th Street and
the Oak Street Traffic Volumes.
City Manager Tandy made staff comments and
recommended the report be received and filed with
no further action.
William Knoetgen, TRIP Program Manager at Parsons,
made comments and provided a PowerPoint
Presentation on Item 10.a.1.
Bob Scales, Senior Program Manager for Traffic and
Transportation at Parsons, made comments and
provided the balance of the PowerPoint Presentation.
Fire Chief Greener made staff comments and
provided a PowerPoint Presentation on Item 10.a.1.
Councilmember Maxwell encouraged the City
Council to spend the money to figure out exactly what
it would cost, and to move forward on at least going to
the next step and finding out if there is a way to
efficiently get traffic to move in the downtown area
and increase its flow.
10.
Bakersfield, California, February 12, 2014 — Page 13
REPORTS continued
Councilmember Johnson made a motion to receive
and flle the report.
Councilmember Smith advised that he is not for the
one -way streets; that the quality of life issues and the
concerns about businesses are real; that there is
no reason to Increase speeds and flow on those
streets; and that he would not be in favor of moving
forward with one -way streets for downtown.
Motion by Councilmember Johnson to receive and file
the report.
11. HEARINGS
a. Public Hearing to consider a resolution
certifying the Final Environmental Impact
Report and approving the 24th Street
Improvement Project. (TRIP) (continued from
01/22/14 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.
City Clerk Gafford announced that a staff
memorandum was received addressing questions by
Councilmember Smith; in addition three
correspondence items have been received from
Vanessa Vangel, along with staff response; e -mails
have been received from Greg Lee, W. E. Freeman,
Geraldine Sproul, Nika Sill, Bob and Ann Deiner, Mark
Montgomery, and Kelly Slykerman, along with
correspondence from John C. Hall, and one call from
Kay Catlett, regarding the 24th Street Improvement
Project.
Additionally, correspondence was received from
Jesse Frederick of WZI, Inc.
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.
ACTION TAKEN
APPROVED
NOES MAXWELL
Bakersfield, California, February 12, 2014 — Page 14
11. HEARINGS continued
Item 1 l .a. continued
Hearing opened at 6:59 p.m.
The following individuals spoke in opposition to the
staff recommendation: Vanessa Vangel, on behalf of
herself, her mother, Darlene Vangel, and her elderly
neighbors; Dr. Claudia Jonah, Health Officer for Kern
County, pointed out the need to take preventive
measures when disturbing the soil, in terms of taking
every opportunity to moisten the soil so that it doesn't
create dust and recognizing to clean that soil away to
prevent exposure to the Valley Fever fungus; Bob
Coons, is opposed to a pedestrian controlled signal
light on A and 24th streets, is in favor of sound walls on
both the north and the south sides of 24th Street, and
he submitted written material; Judith Harniman;
Christy Coons; and Richard Young, mentioned the
historic aspect of his home and submitted written
material.
The following individuals spoke in support of the staff
recommendation: Mike Hawksworth, with the
recommendation from the Planning Commission to
put sound walls on the south side of 24th Street and
moving the crosswalk at A Street to a traffic controlled
intersection to the east; Robert Massey, wants the
proposed crosswalk on A Street eliminated from the
consideration of the design; and Tony O'Brien,
opposes the crosswalk.
No one spoke in rebuttal.
Hearing closed at 7:34 p.m.
Councilmember Maxwell made comments and
provided a slide presentation.
In response to a question from Councilmember
Maxwell, City Attorney Gennaro provided an
explanation of CEQA violations and what the costs
can be to the City.
ACTION TAKEN
Bakersfield, California, February 12, 2014 - Page 15
11. HEARINGS continued
Item l La. continued
Councilmember Maxwell advised that he felt he had
demonstrated in his presentation where the EIR has
serious CEQA violations and how it is tremendously
inadequate and has no credibility, and he suggested
that if the City Council decides to accept the EIR, he
would ask that they not authorize the project to move
forward at this time and entertain separate language
that prioritizes Hosking Road as the first priority, in
order to bring those dollars into the City; the second
priority to be the Hageman Flyover, because the
evidence shows that could take 15,000 cars off of 24th
Street, which will help the flow on 24th Street, and then
come to a decision as to whether the widening
Is really needed at that point or not, and will have
exhausted every option other than taking either the
north side or the south side of 24th Street; and will
hopefully by then have optimized the lights and done
all those things that would really help that particular
corridor and would have preserved historic downtown
and let people know that that's what's important to the
City Council. He further advised that he was not going
to be making any motion tonight because he thinks
this El R is tremendously flawed, and he will not make a
motion on something that he thinks is that flawed; and
he hoped that N somebody wanted to make a motion
to certify this EIR, that they separate the language out
or make some sort of language that the City Council
can at least entertain making the decision to consider
what those three projects are and how they should be
prioritized.
Councilmember Johnson suggested that the A Street
crosswalk be either eliminated or come up with
alternate mitigation, because it is not something that is
in the best interest of public safety, and, with regard to
the sound threshold, recommended directing staff to
work with the members of the public for a different
standard than what exists there today and change the
standard so it is more in line with what the community
may want.
Vice -Mayor Weir made a motion to move forward with
staff's recommendation on this project, eliminate the
crosswalk, and if there are other things that the public
might want as the design process moves forward, they
could submit their opinions for consideration.
ACTION TAKEN
11.
Bakersfield, California, February 12, 2014 - Page 16
HEARINGS continued ACTION TAKEN
Item 1 l .a. continued
Councilmember Sullivan advised she is in support of
the 24th Street Widening Project.
Councilmember Smith advised that he would like staff
to look at landscaping and street trees all the way to
M Street; and he is in support of making a pedestrian
crossing as safe as possible at A Street, and sound
walls on both sides.
Councilmember Rivera advised that he was in support
of the project, and he commended Councilmember
Maxwell on his presentation.
Motion by Vice -Mayor Weir to move forward with APPROVED NOES MAXWELL
staff's recommendation on this project, eliminate the
crosswalk, and N there are other things that the public
might want as the design process moves forward, they
could submit their opinions for consideration.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
a. Electronic Agenda Management.
Staff recommends:
aJ Implementation of an
electronic /paperless agenda
management system for preparation
and distribution of City Council agendas.
bJ 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.
APPROVED
Motion by Councilmember Hanson to continue New
Business Item 13.a., Electronic Agenda Management,
as well as the implementation formats, to the next City
Council meeting.
Bakersfield, California, February 12, 2014 - Page 17
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Maxwell requested that staff
agendize at the next Council meeting a discussion on
the feasibility of an ad hoc Council committee,
consisting of members of the public and two or three
Councilmembers, to deal with TRIP Issues.
Councilmember Maxwell advised Chief Williamson
that he had received a phone call regarding a huge
problem with gang activity on the east side of Chester
Avenue between 34th and Columbus streets.
Councilmember Maxwell advised that we are in a
drought and suggested doing something to plan on
how to get through this summer without much water.
Councilmember Maxwell thanked everybody for their
patience tonight with his earlier presentation.
Vice -Mayor Weir requested that an Item be added to
the next agenda for a Resolution authorizing the City
to contribute $5,000 to the League of California Cities'
lawsuit to Invalidate SB 7, which is legislation that
threatened any local agency that did not require
prevailing wage on every job, all State funding would
be withheld from cities that chose that path.
Councilmember Rivera requested a presentation at
the next Council meeting on water, In general, how
we are prepared when something like this happens;
what we are doing In the future to better prepare for
this; do we conserve water, etc.
Mayor Hall announced that he is excited about a
beautification project that is going to take place this
Saturday along the Kern River Parkway and other
areas of downtown in which volunteers from Chevron,
the Boy Scouts, and the Girl Scouts, in collaboration
with the City's Recreation and Parks Department, are
going to plant 215 trees to help achieve the City's
shade canopy requirements.
ACTION TAKEN
Bakersfield, California, February 12, 2014 - Page 18
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall provided the following update on the litter
removal efforts: Since last May through January of this
year, the homeless crews have picked up 297 tons of
litter on our local freeways; The Kern County Sheriff's
Department Trustees continue to work 5 days a week;
Tom Burch each week gathers 10 to 15 senior citizens,
and they select various locations within the City to
remove litter; He encouraged Councilmembers Rivera
and Maxwell to let him know when they have litter
cleanups in their wards so he can give everybody
credit; The Keep Bakersfield Beautiful website has
been updated at www keer)bakersfieldbeautiful.us;
and there is a new children's litter prevention program
that began on the 5th of February at several local
schools in which we are going to go into local after
school programs and talk about litter and keeping
their neighborhoods and campuses clean.
Mayor Hall requested consideration from the City
Council and staff regarding his role In running the City
Council meetings to ensure that he meets and fulfills
the City's legal obligations; to respect his desire to
meet the expectations of this city; and represent
proper conduct and work with him so that he can
conduct the meetings accordingly.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:09 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield