HomeMy WebLinkAbout03/19/14_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF MARCH 19, 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 Utigation; Closed Session pursuant to
Government Code Section 54956.9 (d)(1) for the following:
1. City v. Kern County, et al., Fresno County Superior Court Case
No. 13CECG02817.
2. Truxtun Court Partners, et al. v. City, et al., Kern County Superior Court Case
No. S- 1500 -CV- 278941 -SPC.
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 Jason Klopenstein, Rosedale Bible Church,
3. PLEDGE OF ALLEGIANCE by Justus Nunez, 5th grade student at Bessie Owens Intermediate
School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Jason Cohen, President of the Board
of Directors for the Boys and Girls Clubs of Kern County, declaring March 23 -26, 2014,
as National Boys & Girls Clubs Week.
b. Presentation by Mayor Hall of a Proclamation to Julie Gonzales, declaring March,
2014, Women's History Month,
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 5, 2014, Regular City Council Meetings.
Payments:
b. Receive and file department payments from February 21, 2014, to March 6,
2014, in the amount of $12,824,447.18, and self- insurance payments from
February 21, 2014, to March 6, 2014, in the amount of $161,981.84, totaling
$12,986,429,02.
Ordinances:
C. First Reading of Ordinance amending the text of the Municipal Code, specifically
Chapter 17,10 (One Family Dwelling Zone) and Section 16.28.170 (Subdivision Lot
Design Standards) creating a new R -1 -4.5 zone district (Small Lot One - Family
Dwelling - 4,500 - square foot lot minimum) with related changes to the front and
rear building setback requirements, and subdivision lot design standards.
Resolutions:
d. Resolution approving the Updated Kern Multi- Jurisdiction Hazard Mitigation Plan.
(Ward 3) e. Sewer connection and construction fee assessments for 7804 Hopper Avenue:
1. Resolution confirming assessments for sewer and construction fees and
authorizing the collection of assessments by the Kern County Tax Collector.
2. Agreement with Shawn E. Elliott and Leaha M. Elliott, to pay sewer connection
and construction fees through the Kern County Taxes.
(Ward 2) f. Sewer connection and construction fee assessments for 128 Suzanne Street:
1. Resolution confirming assessments for sewer and construction fees and
authorizing the collection of assessments by the Kern County Tax Collector,
2. Agreement with Pamela Lynn Cain, to pay sewer connection and
construction fees through the Kern County Taxes.
Agreements:
(Ward 3) g. Agreement with Mary E. Lee Properties, Inc. ($82,800), to purchase real property
located at 4000 Rosedale Highway for the Rosedale Highway Widening Project.
(TRIP)
(Ward 3) h. Agreement with Bernard Arduain Family Trust ($53,000) to purchase real property
located at 4001 Rosedale Highway for the Rosedale Highway Widening Project.
(TRIP)
(Ward 3) i, Agreement with Harmon Revocable Living Trust ($175,000) to purchase real
property Identified as APN 387 - 150 -24 for the State Route 178 Widening Project. (TRIP)
(Ward 2,4) j. Amendment No. 3 to Agreement No, 12 -095 with Mark Thomas and Company, Inc.
($332,477.50: $241,908.67 Federal, $31,341.83 Local TDF, and $59,227 Water Enterprise
Funding; revised not to exceed $3,083,638.46), for engineering design services for the
Rosedale Highway Widening Project, (TRIP)
City Council Meeting of 03/19/2014
8. CONSENT CALENDAR continued
k. Amendment No. 1 to Agreement No. 13 -059 with Gilliam and Sons, Inc. (extending
term to December 31, 2014), for the earthmoving and hauling annual contract
(non - prevailing wage).
(Ward 2) I. Security Services at Creekview Villas;
1. Amendment No. 1 to Agreement No. CD 13-030 with Construction Protective
Services, Inc. ($53,500; revised not to exceed $93,500), for security services at
Creekview Villas, 1300 R Street,
2. Appropriate $53,500 Housing Successor program income to the Operating
Budget within the Housing Successor Administrative Fund.
(ward 2) M. Contract Change Order No. 1 to Agreement No. 13 -172 with Crosstown Electrical &
Data, Inc. ($18,656; revised not to exceed $322,256), for the project known as Traffic
Signal Synchronization - Part 3, located at the intersection of Chester Avenue and
27th street.
Bids:
n. Reject bids for three replacement four door midsize utility vehicles for the Police and
Water Departments.
(ward 2) o. Accept bid from JM Equipment, Fresno, California ($53,164.58), for two replacement
fork lift trucks for the Rabobank Arena.
P. Accept bid and approve contract with Gilliam and Sons, Inc. (not to exceed
$1,610,020), for the earthmoving and hauling annual contract (prevailing wage
rate).
Miscellaneous:
(Ward 2) q. Appropriate $2,700,000 of Public Transportation Modernization, Improvement, and
Service Enhancement Account (PTMISEA) Funds to the Public Works Department's
Capital Improvement Budget within the Capital Outlay Fund for the construction of
the Amtrak Station parking structure.
Successor Agency Business:
r. Receive and file successor agency payments from February 21, 2014, to March 6,
2014, in the amount of $41,145.48.
Staff recommends adoption of Consent Calendar Items 8a. through 8.r,
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
(Ward 3) a. Public Hearing to consider Resolution approving the Issuance by the Housing
Authority of the County of Kern of rental housing bonds (not to exceed $15 million)
for the purchase and rehabilitation of approximately 160 units of multi - family rental
housing located at 7000 Auburn Street.
Staff recommends adoption of resolution.
City Council Meeting of 03/19/2014
10. HEARINGS continued
(Ward 3,4) b. Public Hearing to consider 10 Resolutions of Necessity (RON) to determine whether
the public interest and necessity require acquisition by eminent domain, of partial
Interests in the following real property for public purpose, known as APNs;
(1) 332 - 230 -01, (2) 332 - 230 -06, (3) 368- 060 -07, (4) 368- 082 -12, (5) 368 - 111 -01,
(6) 368- 111 -22, (7) 496- 050 -16, (8) 332 - 260 -01 and -02, (9) 332 - 260 -22, -23, -24 and 25,
and (10) 452 - 060 -05, -39 and -41, for the Rosedale Highway Widening Project (Code
Civ. Proc,§ 1240.010). (TRIP)
Staff recommends adoption of Resolutions.
11. REPORTS
a. 2014 City Council Goals update;
1. Report on Accomplishments of Goals for 2012 and 2013.
2. Update of Goals Documents for 2014.
Staff recommends Council review the attached Highlights and Accomplishments Report for
the 2012 and 2013 City Council Goals, In addition, a draft version of the Goals document
with the Inclusion of updates for 2014 Is submitted for the Council's consideration and
direction.
12. DEFERRED BUSINESS
a. First Reading of Ordinance enacting Chapter 9.32 of the Municipal Code relating to
aggressive panhandling /solicitation. (deferred from the meeting of 03105114)
Staff recommends First Reading of Ordinance.
(ward 2) b. Cul -de -Sacs at Beech and Cedar streets.
Staff recommends Council determination.
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
03/14/14 3:17pm
Respectfully submitted,
Alan Tandy
City Manager
4 City Council Meeting of 03/19/2014
AGENDA HIGHLIGHTS
March 19, 2014 COUNCIL MEETING
REGULAR MEETING - 3:30 p.m.
NOTE: A separate meeting will be called to order at 3:30 p.m., followed by Public
Statements that will encourage comments pertaining only to Closed Session matters. The
Council will then recess into Closed Session. Upon conclusion of the Closed Session, any
action will be announced and the meeting will be adjourned. At 5:15, the Regular
Meeting will then be called to order to address the remainder of the agenda items.
There will be a conference with legal counsel regarding two matters of existing litigation
and one matter pertaining to the initiation of litigation.
REGULAR MEETING -5:15 p.m.
Item 8c. First Reading of an ordinance to create a new small lot, single- family zone. At the
request of Councilmember Smith, staff presented a proposed ordinance change to the
Planning and Development Committee for the allowance of smaller single - family lots (less
than 6,000 square feet), under a new zone district, to be known as R -1 -4.5 (a small lot
single - family dwelling, with a minimum 4,500 square foot lot). This option would not
conflict with the General Plan and would eliminate the need to rezone property to R -2,
multi - family, which sometimes causes public concern. A zone change for the new
proposed designation would still be required to allow for public input. The Planning and
Development Committee recommended the ordinance change be forwarded to the full
Council for approval, with the inclusion of language to reduce the front and rear building
setbacks for the new zone. The Kern County Home Builders Association is in support of the
proposed ordinance amendment; the Planning Commission unanimously recommended
approval on February 20, 2014.
HEARINGS
Item 10b. Resolutions of Necessity _(RONs) for the Rosedale Highway Widening Project. This
item requests adoption of 10 RONs to acquire partial interests in properties needed for this
TRIP project. There are a total of 10 properties included in this request, in a combination
of partial takings and temporary construction easements.
Item I Ia. Update of City Council Goals, The 2014 update process will begin with a report
on Highlights and Accomplishments since the last update in 2012. The Goals document,
which includes revisions reflecting the staff updates is being provided to the Council for
consideration and direction. Council may request additional revisions, which will be
presented on a future agenda for final review and adoption.
Item 12a. First reading of an ordinance related to panhandling. This item was included on
the March 5, 2014 City Council agenda for the Council's consideration. Per the Council's
request at that meeting, the item was deferred to the March 19, 2014 agenda, with
direction that the City Attorney make a presentation, similar to what was provided for the
Legislative and Litigation Committee February 5, 2014.
Item 12b. Cul -de -sacs on Cedar and Beech Streets. The residents on Cedar and Beech
Streets have requested the installation of cul -de -sacs on their streets. However, two
property owners, one at the end of Cedar Street and one at the end of Beech Street, are
currently unwilling to donate the needed land. Staff is in discussions with the Cedar Street
property owner regarding several potential options to address his concerns, although
resolution of the issues is not certain at this point. The Beech Street property owner has
indicated a willingness to discuss the issues, but will not be available for several weeks, so
that outcome is also uncertain. The administrative report includes the options available to
the Council for consideration of this issue.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights — March 19, 2014 Council Meeting
Page 2
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ADMINISTRATIVE REPORT
MEETING DATE: March 19, 2014 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: March 7, 2014
APPROVED
DEPARTMENT HEAD y4
CITY ATTORNEY V
CITY MANAGER
SUBJECT: Conference with Legal Counsel — Existing Litigation
Closed session pursuant to Government Code section 54956.9(d) (1)
• City of Bakersfield v. Kern County, et al.
Fresno County Superior Court Case No. 13CECGO2817
• 7ruxtun Court Partners, et al. v. City of Bakersfield, et al.
Kern County Superior Court Case No. S- 1 500-CV-278941 -SPC
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MEETING DATE: March 19, 2014 AGENDA SECTION: Closed Session
ITEM: 3. b.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: March 7, 2014 CITY ATTORNEY I/�
CITY MANAGER OS
SUBJECT: Conference with Legal Counsel — Potential Litigation
Closed session pursuant to Government Code section 54956.9(d) (2), (e) (1) (one
potential case).
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ADMINISTRATIVE REPORT
MEETING DATE: March 19, 2014 AGENDA SECTION: Presentations
ITEM: 4 q,
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: March 6, 2014
APPROVED
DEPARTMENT HEArV
CITY ATTORNEY
CITY MANAGER le
SUBJECT: Presentation by Mayor Hall of a Proclamation to Jason Cohen, President of the Board of
Directors for the Boys and Girls Club of Kern County, declaring March 23rd through March
26th, 2014, "National Boys & Girls Club Week" in our city.
RECOMMENDATION:
BACKGROUND:
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March 6, 2014, 3:59PM
MEETING DATE: March 19, 2014 AGENDA SECTION: Presentations
ITEM: 4. b.
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: March 6, 2014
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER NJ
SUBJECT: Presentation by Mayor Hall of a Proclamation to Julie Gonzales, declaring March, 2014,
"Women's History Month" in our city.
RECOMMENDATION:
BACKGROUND:
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March 7, 2014, 4:30PM
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ADMINISTRATIVE REPORT
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MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: March 7, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the March 5, 2014, Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM: I. b,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: March 6, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file department payments from February 21, 2014 to
March 6, 2014 in the amount of $12,824,447.18, Self Insurance payments
from February 21, 2014 to March 6, 2014 in the amount of $161,981.84,
totaling $12,986,429.02
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
March 6, 2014, 2:48PM
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MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM: $ . C .
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD (&/
DATE: March 11, 2014
CITY ATTORNEY CC's"
CITY MANAGER_
SUBJECT: First reading of ordinance amending the text of the Bakersfield Municipal Code,
specifically Chapter 17.10 (One - Family Dwelling Zone) and Section 16.28.170
(Subdivision Lot Design Standards) creating a new R -1 -4.5 zone district (Small Lot
One - Family Dwelling - 4,500- square foot lot minimum) with related changes to the
front and rear building setback requirements, and subdivision lot design standards.
(All Wards)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
At the City Council meeting of July 17, 2013, Councilmember Smith referred a proposal to the
Planning and Development Committee concerning General Plan designations and zoning
consistency. Staff followed up with multiple meetings with Councilmember Smith who provided
further guidance regarding options to allow smaller single - family lots (less than 6,000 square feet)
without a developer having to request a general plan amendment and zone change to
multiple - family.
At present, there are only two ways to allow a subdivision with single - family lots less than 6,000
square feet in area:
1) Change zoning to R -2 (Limited Multiple Family Dwelling)
• Most commonly used procedure to create a small lot subdivision.
• Allows 4,500- square foot single - family lots by right.
• Only a subdivision map is required to create the lots.
• No architectural design requirements other than typical zoning standards.
• Also allows multiple - family uses (i.e. apartments) by right so in developed areas re-
zonings can be contentious.
• There is no assurance a detached single - family product will be built.
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2) Change zoning to PUD (Planned Unit Development)
• Less commonly used procedure.
• In addition to a subdivision map, the developer must also provide a specific
development plan, architectural renderings of their housing product, and a landscape
plan as part of their application.
• Can assure that only a single - family development be built.
• Holds current and future developers to the specific development plan and
architectural design standards as originally proposed.
• Significant design changes require a new zone change and public hearing.
• Adds significant time and costs to the development process.
A third option, recommended by staff and supported by the Planning Commission, would
provide an opportunity to create lots less than 6,000 square feet but retain a single - family
zone:
• Create a new R -1 -4.5 zone with a 4,500- square foot minimum lot area.
• Only a subdivision map is required to create the lots.
• No special architectural design requirements; homes would just meet typical single -
family zoning standards.
• Only single - family uses consistent with the R -1 zone would be allowed: no multiple -
family developments would be permitted.
• Would require a zone change and public hearing to place this zone designation on a
property (maps would show the property zoned as "R- 1- 4.5 "), thereby providing an
opportunity for community input before allowing smaller lots.
• This new zone district will also require text changes to the subdivision ordinance related
to lot dimensions and would apply to all new parcels less than 6,000 square feet in area
rather than refer to just those parcels zoned R -2. This is necessary so that the smaller lots
can actually be created in the new R -1 -4.5 zone.
(Note: For all three options previously noted, a General Plan designation of LMR (Low Medium
Density) would be required. Most existing R -I areas carry a General Plan designation of LR (Low
Density) and a General Plan amendment would be required in such cases).
The recommended third option would not be in conflict with the General Plan and opens up the
ability for small -lot subdivisions to occur without having to rezone property to an R -2 multiple -
family zone. Although a zone change would still be required to allow for public input, if
approved, the resulting product would be limited to detached single - family homes. Furthermore,
it removes the potential of a multiple - family use being allowed without first obtaining another
zone change if the property owner chose not to develop a small lot single - family product.
Staff presented the new R -1 -4.5 zone to the Council's Planning and Development Committee on
February 4, 2014. The Committee was in favor of creating this new zone district and directed staff
to take the proposal before the Planning Commission for public input. The Committee further
directed staff to include language to reduce the front and rear building setbacks in this new
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zone. Staff has proposed matching the R -2 zone's small lot setbacks for consistency (i.e. 15 -foot
front yard and 20 -foot setback for the garage (only) if its opening faced a street; 5 -foot side yard;
and 5 -foot rear yard).
The Planning Commission considered these amendments at their meeting of February 20, 2014.
The Kern County Home Builders Association commented in support of the change, noting that
this new zone would provide flexibility in the market and help address State climate change
requirements. Three individuals spoke in opposition. Although they supported creation of the
new zone, they objected to staff's proposal to change the R -1 rear yard setback. However, staff
provided an alternative to leave the R -1 rear yard regulation unchanged and instead added a
separate subsection to apply only to the new R -1 -4.5 zone. This was found to be acceptable and
the Commission unanimously recommended approval of the proposed ordinance amendments.
This project has been found to be exempt from the provisions of the California Environmental
Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the
general rule of CEQA in accordance with Section 15061 (b)(3), it can be seen with certainty that
there is no possibility that adoption of the proposed ordinance text amendments will have a
significant effect on the environment. These changes are to existing ordinance regulations
specific to lot size and related setbacks, and only provide the opportunity to create smaller single
family lots; environmental effects would be evaluated at the time this new zone district is applied
to property and a specific development is proposed.
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MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Chris Huot, Assistant to the City Manager
DATE: March 3, 2014
DEPARTMENT HEAD
CITY ATTORNEY
CITY
SUBJECT: Resolution Adopting the Updated Kern Multi- Jurisdiction Hazard Mitig
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
In April 2006, the City Council adopted Resolution No. 094 -06, approving the initial Kern
Multi- Jurisdiction Hazard Mitigation Plan (Plan).
In August 2011, Kern County Office of Emergency Services (OES), as lead agency,
initiated the process of updating the Plan, as required every five years by the Disaster
Mitigation Act of 2000 (DMA- 2000). The purpose of the Plan is to assess risks posed by
natural hazards, identify ways to reduce those risks and maintain eligibility for certain
grant funding programs from the Federal Emergency Management Agency (FEMA). The
grant programs include pre -and post- disaster mitigation and flood mitigation assistance.
In total, 65 jurisdictions countywide participated in the update (1 County, 11 Cities, 18
school districts and 35 special districts).
The Plan update is substantially complete and in December 2013, FEMA granted
preliminary approval of the updated Plan, contingent on adoption of the Plan by all
participating jurisdictions. In compliance with DMA -2000 and to finalize the plan update,
staff is recommending the City Council adopt a resolution adopting the Plan.
Future Action
Pursuant to AB 2140, staff will bring forth a future item to the City Council to amend the
Safety Element of the Metropolitan Bakersfield General Plan to incorporate the updated
Plan once it is approved by FEMA. Incorporating the updated Plan into the General Plan
will continue to allow the City to remain eligible for up to 100 percent State
reimbursement for certain disaster related costs. Local governments that do not have the
updated Plan incorporated into the General Plan are limited to the 75 percent
reimbursement of eligible State costs resulting from a declared disaster event. Staff
anticipates returning to the Council for this separate action within the next year.
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ADMINISTRATIVE REPORT
MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM: e. e.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 19, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p�
CITY MANAGER IW
Sewer connection and construction fees assessments (Ward 3):
1. Resolution confirming assessments for sewer connection and construction
fees and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with Shawn E Elliott and Leaha M Elliott, 7804 Hooper Avenue, to
pay sewer connection and construction fees in installments and notice of
special assessment lien.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owners of the property at 7804 Hooper Avenue, desire to connect the
property to the City sewer system. The property owners claim that to pay the sewer
connection and construction fees in one payment would produce an economic hardship. To
assist in paying the connection and construction fees, the City has contracted with the
property owner to spread the connection and construction fees over an eight year period to
be collected with their property taxes in accordance with Municipal Code Section 14.12.030,
14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County
Tax Collector to collect the connection and construction fees in eight equal payments over
the next eight years.
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MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM: 19. -�
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 24, 2014
APPROVED
DEPARTMENT //Z.-
CITY ATTORNEY
CITY MANAGER
Sewer connection and construction fees assessments (Ward 2):
1. Resolution confirming assessments for sewer connection and construction
fees and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with Pamela Lynn Cain, 128 Suzanne Street, to pay sewer
connection and construction fees through the Kern County Taxes. A notice
of special assessment lien will be placed on the property.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement.
BACKGROUND: The owner of the property at 128 Suzanne Street desires to connect the
property to the City sewer system. The property owner claims that to pay the sewer
connection and construction fees in one payment would produce an economic hardship. To
assist in paying the connection and construction fees, the City has contracted with the
property owner to spread the connection and construction fees over an eight year period to
be collected with their property taxes in accordance with Municipal Code Section 14.12.030,
14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County
Tax Collector to collect the connection and construction fees in eight equal payments over
the next eight years.
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MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM: $.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD Al
DATE: February 26, 2014 CITY ATTORNEY p�
CITY MANAGER
SUBJECT: Agreement with Mary E. Lee Properties, Inc. to purchase real property located at
4000 Rosedale Highway for $82,800 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 at the northwest corner of Rosedale Highway and Gibson Street, housing a
number of businesses. The approximately 2,166 square feet of real property being acquired and
the 3,751 square feet of temporary construction easement area are presently improved as a
landscaped area, business signage with lighting, and parking lot spaces. The purchase price of
$82,800 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 landscape area, relocation of the business signage, cutting back roof
overhang, 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 General Plan Consistency 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 - Mary Lee PropertiesAdmin - Purchase Agmt - Mary Lee Properties
2/27/2014
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ADMINISTRATIVE REPORT
MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_/_
DATE: February 26, 2014 CITY ATTORNEY
CITY MANAGER �S
SUBJECT: Agreement with Bernard Arduain Family Trust to purchase real property located at
4001 Rosedale Highway for $53,000 for the Rosedale Highway Widening Project.
(TRIP Program - Ward 3 (County area))
RECOMMENDATION: Staff recommends approval of Agreement
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land
to widen Rosedale Highway, including County areas along Rosedale Highway. The project will
construct an additional travel lane in each direction, and curb, gutter and sidewalks. The
property in location is at 4001 Rosedale Highway, Benji's Basque Restaurant. The approximately
3,356 square feet of real property being acquired and the 2,248 square feet of temporary
construction easement area are presently improved as a landscaped area, business sign with
lighting, and parking lot spaces. The purchase price of $53,000 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 landscape area,
relocation of the business sign, restriping of parking lot to minimize loss parking stalls, 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 General Plan Consistency 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 - Arduain Trust
2/27/2014
CW
MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM: g, ' .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 28, 2014 CITY ATTORNEY jbA
CITY MANAGER
SUBJECT: Agreement with Harmon Revocable Living Trust to purchase real property identified
as APN 387 - 150 -24 for $175,000 for the State Route 178 Widening Project. (TRIP
Program - Ward 3)
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 State Route 178, including County areas, between Canteria Drive and Miramonte Drive.
The project will construct one and in some locations two additional travel lanes in each direction,
and curb, gutter and sidewalks in some locations. The property is located approximately at the
southwest corner of State Route 178 and Old Commanche Drive, identified as APN 387 - 150 -24.
The approximately 5.01 acres is vacant residential land, and being acquired for use as a
drainage basin for the widening project. The purchase price of $175,000 represents the
property's fair market value as established by an appraisal prepared by Merriman Hurst and
Associates, an independent appraisal company.
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 General Plan Consistency 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 State
Route 178 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 - Harmon Trust
2/28/2014
CW
MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM: '
TO: Honorable Mayor and City Council APR VED
FROM: Raul M, Rojas, Public Works Director DEPARTMENT HEAD
DATE: March 5, 2014 CITY ATTORNEY �-�--
CITY MANAGER
SUBJECT: Amendment No. 3 to Agreement No. 12 -095 with Mark Thomas and Company, Inc.,
($332,477.50: $241,908.67 Federal, $31,341.83 Local TDF, and $59,227.00 Water
Enterprise Funding; revised not to exceed $3,083,638.46) for Engineering Design
Services for the Rosedale Highway Widening Project (TRIP) (Wards 2 and 4)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The City entered into Agreement No. 12 -095 on July 18, 2012 with Mark Thomas
and Company, Inc. to provide engineering design services (final design) for the Rosedale
Highway Widening Project, This Amendment is for changes to the scope of work from that
originally anticipated by the City and Mark Thomas.
The original final design scope of work had been based on the Project Report for the Rosedale
Highway Widening Project. The Project Report is the preliminary engineering document
prepared concurrently with the project's environmental document and was based on the
Caltrans standards in effect at the time of its preparation. However, after beginning the project's
final design, Caltrans standards changed, and the project was required to adhere to these new
standards for the Caltrans portion of the project (between Gibson Street and Mohawk Street).
These new standards required changes to various project improvements such as sidewalk widths,
median widths, and roadway shoulder widths, and caused Mark Thomas to revise plans already
prepared. These changes also resulted in changes to the originally prepared right -of -way
documents, and required Mark Thomas to coordinate further with right -of -way staff and
consultants.
Due to complexity of the issue, Mark Thomas was requested to handle the railroad coordination
and approval process with the California Public Utilities Commission (CPUC) for the Landco at-
grade crossing. After design was well underway, the CPUC requested that a queuing analysis
report be prepared and reviewed by both them and Caltrans, which resulted in additional
unanticipated work to prepare reports and design a preemption system and interconnect this
railroad crossing warning devices with the traffic signal at the Mohawk /Rosedale intersection.
After final design was underway, it was discovered that there were several drainage basins that
were being utilized by drainage from Rosedale Highway that had not been identified in the
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ADMINISTRATIVE REPORT
Project Report. These basins required additional analysis and design effort not originally
anticipated.
The City has historically handled any temporary traffic signal modifications during construction
through clauses in the project specifications, and with submittals by the contractor building the
project to the City for review and approval, Late in the plan review process for the Caltrans
portion of the project, Caltrans requested that temporary signal plans (for temporary
modification during construction) be prepared for their portion of the project which had not
been originally anticipated,
The City waterline, which was included to this project by the Water Department in a previous
amendment, also has some changes to its design due to environmental restrictions, pipeline
corrosion protection, traffic control staging constraints, and utility Investigations.
Finally, Mark Thomas has been requested to perform bidding support services to the City for this
project when the project is advertised for construction bids. Once federal construction funds are
obtained and the project construction is awarded, another amendment to this Agreement will
be required using these construction funds to provide design support during construction.
Except for the new water line mentioned above, Agreement No. 12 -095 and its subsequent
amendments are funded by a previous federal earmark that was approved in a prior Federal
Highway Bill (ISTEA), Therefore, the final design work for the Rosedale Highway Widening Project
does not use any of the more recent TRIP federal earmark funds obtained by former
Congressman William Thomas and which were contained in the 2005 SAFETEA -Lu federal highway
bill. Adequate funds have been previously budgeted to pay for this amendment.
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ycoteoe „SRS
ADMINISTRATIVE REPORT
LrF
MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: March 5, 2014 CITY ATTORNEY
pp
CITY MANAGER �(,S
SUBJECT: Amendment No. 1 to Agreement No. 13 -059 with Gilliam and Sons Inc.; to extend
the term to December 31, 2014 to the Annual Contract for supply of earthmoving
and hauling (non - prevailing wage). (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On April 17, 2013, Council approved the annual contract for providing
earthmoving and hauling services with Gilliam & Sons, Inc., in the amount of $818,935;
renewable annually thereafter for one(1) consecutive one -year periods.
This contract is a non - prevailing wage agreement that can be extended to December 31, 2014.
Continuing this agreement will allow the City to maximize savings of the reduced costs for
earthmoving and hauling needs.
If approved, Amendment No. 1 will extend the contract term, expiring December 31, 2014.
Funds are budgeted in the Refuse, Water, and Wastewater Enterprise Funds operating accounts
for this contract. Approval of the amendment will allow the City to continue to meet the
demand for earthmoving and hauling.
Also on tonight's agenda is the recommendation to approve the prevailing wage contract for
earthmoving and hauling services (also with Gilliam and Sons).
Purchasing Division /ch
S: \PURCH\NDMIN\Amendments 13 -14\AC for Earthmoving & Hauling Amendment # to Agreement 13- 059.docx
March 5, 2014, 11:12AM
MEETING DATE: March 19, 2014 [ITEM: GENDA SECTION: Consent Calendar
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director
DEPARTMENT HEAD
DATE: March 11, 2014
CITY ATTORNEY
CITY MANAGER .&
SUBJECT: Security Services at Creekview Villas (Ward 2):
Amendment No. 1 to Agreement No. CD13 - 030 with Construction
Protective Services, Inc., ($53,500; not to exceed $93,500) for security
services at Creekview Villas, 1300 R Street.
2. Appropriate $53,500 Housing Successor program income to the operating
budget within the Housing Successor Administrative Fund.
RECOMMENDATION:
Staff recommends approval of the amendments and appropriation.
BACKGROUND:
In December 2012, the City of Bakersfield as the Successor Agency to the dissolved Bakersfield
Redevelopment Agency took possession (in lieu of foreclosure) of the Creekview Villas
Condominium project from the developer Creekview Villas, LLC located at 1300 "R" Street,
north of California Avenue. Creekview Villas, LLC completed construction of fourteen units,
which is designed to be a total of 36 units when fully completed. Although the State of
California eliminated redevelopment agencies effective February 1, 2012, the City of
Bakersfield is contractually - obligated to complete the project as a condition of the Prop 1 C
infrastructure grant received from the State of California.
The City has contracted with the realty firm of Coldwell Banker to market and sell the first
fourteen units. At this time, ten of the fourteen units are under contract and escrow has
opened. By early April 2014, staff anticipates receiving approval of the project from the
Federal Housing Administration (FHA), a step necessary in order to allow the closing of escrow
on FHA - backed first mortgage loans. As escrows are closed at that point, the City will begin
receiving the proceeds from the sale of the units, which will be used to finance the
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construction of the three ensuing phases of seven, seven, and eight units to complete the 36-
unit project, as well pay for other miscellaneous costs.
A significant portion of the ongoing costs has been to provide overnight security and
surveillance for the property by Construction Protection Services. Prior to providing this, the
buildings suffered from vandalism and the security was deemed necessary to prevent further
potential vandalism and theft and protect the large investment in the buildings. The cost of
these services is approximately $6,700 per month, which includes a security trailer housed at
the site, security personnel at the site overnight (14 hours per day) on weekdays and 24 hours
on weekends, and the use and monitoring of surveillance and motion sensors.
Originally, Construction Protection Services had been hired by the former developer,
Creekview Villas, LLC, with the cost of these services paid from the project's Redevelopment
budget. As the Redevelopment budget and funding expired, a new City contract in the
amount of $40,000 (Agreement No. CD13 -030) was entered into in August 2013 utilizing
Planning Division budget savings. This contract was used to pay for security services extending
from May 2012 (when the Redevelopment funding was exhausted) to October 2013.
At this time, sufficient funding has accrued to the Redevelopment Housing Successor Agency
(in the form of program income generated from the repayment of loans, etc.) that will allow
the remainder of the needed security services to be provided without the need to utilize
General Fund monies for this purpose. The additional amount of $53,500 will cover the period
from November 2013 to June 2014. It should be noted, however, that as soon as the first three
to four units are occupied, anticipated to be by May 2014, overnight security of the premises
will no longer be necessary and the security service will be ended.
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MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM: $ . M .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD �T
DATE: March 6, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 13 -172 with Crosstown
Electrical & Data Inc. ($18,656; revised not to exceed $322,256) for the
project known as Traffic Signal Synchronization - Part 3 (Ward 2).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the installation of conduit, fiber optic cable, modems
and other networking equipment along various streets within the City of Bakersfield.
During project construction, it was discovered that the plans did not show the existing traffic
signal at the intersection of Chester Avenue and 27'" Street to be interconnected with other
signals along Chester Avenue. This traffic signal, installed by San Joaquin Hospital as part of
their expansion, was completed after project design. In order to provide for proper
interconnection and synchronization of the signals along Chester Avenue, this traffic signal will
need to be included in this interconnect project. The contractor has agreed to furnish all of
the labor and materials necessary to do this work for $18,656.
This is the first change order to be submitted for this project. This change order will increase the
project total by $18,656 (which results in a 6.1 % increase of the original contract amount) as
illustrated below:
• Original Contract Amount = $303,600.00
• Amended Contract Agreement after Change Orders = $322,256.00
Net Increase to date = $ 18,656.00
Sufficient funds are budgeted to fund this Change Order. Funding source for this Change
Order includes federal funding and gas tax revenues. Therefore, there is no General Fund
impact associated with this Change Order.
RM (Construction)
March 6, 2014, 12:11 PM
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MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM: .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
March 6, 2014
.....
DEPARTMENT HEAD
CITY ATTORNEY 42-
CITY MANAGER S'
Reject bids for three (3) replacement four door midsize utility vehicles for the
Police and Water Departments. Citywide
RECOMMENDATION: Staff recommends rejection of bids.
BACKGROUND: Bids were solicited for three (3) replacement four door midsize utility vehicles.
Six (6) bids were received in response to the solicitation.
The bid resulted in the submission of several proposals that did not meet the minimum
specifications. Staff recommends rejecting all bids and re- bidding clarified specifications to
eliminate confusion regarding the type vehicles needed for the Police and Water Departments.
Purchasing Division/kb
SAPURCHWDMINWdmin 13 -14 \Reject Bids - Four Door Midsize Utility, 13- 14 -61, March 19, 2014.docx
March 6, 2014
MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM: , p.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
March 6, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Accept bid from JM Equipment, Fresno, California, in the amount of $53,164.58
for two (2) replacement fork lift trucks for the Rabobank Arena. Ward 2
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Bids were solicited for the purchase of fork lift trucks for the Rabobank Arena.
Two (2) bids were received in response to solicitation.
Funds are budgeted in the Equipment Management Fund for the purchase of two (2)
replacement fork lift trucks for the Rabobank Arena. Additional information regarding a history
for the units to be replaced is attached for review.
The second lowest bidder was eligible for consideration of the 3% local preference Council
Policy, however, after application of the 3% differential they were not the lowest bidder. The
results are listed below.
The two (2) bids received are as follows.
3% LOCAL PREFERENCE
BIDDER AMOUNT ADJUSTED BID AMOUNT
JM Equipment $53,164.58
Fresno, CA
Madland Toyota $55,169.00 $53,513.93
Bakersfield, CA (City)
Staff finds the bid submitted by JM Equipment, Fresno, California, to be acceptable.
Purchasing Division /kb
SAPURCHWDMINWdmin 13 -14 \Fork Lift Truck, 14- 16 -62, March 19, 2014.docx
March 7, 2014
Equip. number Year and Model
4684 1997 Caterpillar GC30
6,000 lb. forklift
4685 1997 Caterpillar GC 30
6,000 lb. forklift
Condition
High usage (6,868 hours). Per PW Dept.,
Fleet Services Div. operations manual,
replacement schedule is 15 years. These
units have been in use for 17 years. The
replacement models will reduce emissions
levels (FAEL).
High usage (5,810 hours). Per PW Dept.,
Fleet Services Div. operations manual,
replacement schedule is 15 years. These
units have been in use for 17 years. The
replacement models will reduce emissions
levels (FAEL).
MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD , VY'
DATE: March 4, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Gilliam and Sons, Incorporated (not to
exceed $1,610,020) for the Annual Contract for Earthmoving and Hauling
(Prevailing Wage Rate). Citywide
RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract.
BACKGROUND: Bids were solicited from contractors for providing Earthmoving and Hauling
services based on prevailing wage rates for use by the Public Works Department, Streets
Division. The bid required suppliers to provide hourly pricing for various pieces of equipment
provided with operator and without operator. For equipment provided with operator, pricing
was based on prevailing wage rates. The contract award is for a one year period; renewable
annually for four consecutive one -year periods at the City's option and upon mutually
agreeable terms. Two (2) bids received are listed below.
BIDDER AMOUNT
Gilliam and Sons, Incorporated $1,610,020
Bakersfield, CA
Griffith Company $1,629,748
Bakersfield, CA
This contract is intended to be used on projects funded with state or federal funds. Local
matching funds will also be used as required for each project.
Staff finds the lowest overall bid submitted by Gilliam and Sons, Incorporated, Bakersfield, to
be acceptable and recommends approval of the contract in the amount of $1,610,020.
Also on tonight's agenda is the recommendation to amend the non - prevailing wage contract
for earthmoving and hauling services (also with Gilliam and Sons). The amendment will extend
the contract to December 31, 2014 in accordance with Resolution # 122 -12. This non -
prevailing wage rate contact is used by City departments for projects utilizing local funding.
Purchasing Division /kb
S: \PURCHWDMIN\Admin 13 -14\AC Earthmoving 8, Hauling (Prevailing Wage Rate), 13- 14 -68, March 19, 2014.doc
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ADMINISTRATIVE REPORT
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LIFO
MEETING DATE: March 19, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M Rojas, Public Works Director
DATE: February 24, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $2,700,000 of Public Transportation Modernization, Improvement, and
Service Enhancement Account (PTMISEA) funds to the Public Works Department's
Capital Improvement Budget within the Capital Outlay Fund for the construction of
the Bakersfield Amtrak Station parking structure. (Ward 2)
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: This Administrative Report appropriates a $2.7 million grant awarded to the Kern
Council of Government (Kern Cog) for construction of a parking structure at the Amtrak Station.
Kern Cog was the primary recipient of this $2.7 million grant, issued by the Public Transportation
Modernization, Improvement, and Service Enhancement Account (PTMISEA). As sub - recipient
and owner of the Bakersfield Amtrak Station, it is the responsibility of the City of Bakersfield to
design and construct the proposed project.
The PTMISEA program was created by Proposition 1 B, the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Bond Act of 2006. Of the $19.925 billion available to Transportation, $3.6
billion dollars was allocated to PTMISEA to be available to transit operators over a ten -year
period. PTMISEA funds may be used for transit rehabilitation, safety or modernization
improvements, capital service enhancements or expansions, new capital projects, bus rapid
transit improvements, or rolling stock (buses and rail cars) procurement, rehabilitation or
replacement. Funds in this account are appropriated annually by the Legislature to the State
Controllers' Office (SCO) for allocation in accordance with Public Utilities Code formula
distributions: 50% allocated to Local Operators based on fare -box revenue and 50% to Regional
Entities based on population.
The Amtrak Station's parking lot currently has 237 stalls. Additional parking stalls are needed
because of the anticipated increase in ridership on the San Joaquin route, which includes
Bakersfield. The Caltrans Division of Rail recently announced plans to purchase more train
engines and cars for several main passenger rails including the San Joaquin route. The new train
engines and cars, in conjunction with improvements being planned with the Burlington Northern
Santa Fe Railroad, will allow the San Joaquin trains to travel faster. Because of the faster rail
service, the Caltrans Division of Rail anticipates a significant increase in ridership. Also, Golden
Empire Transit District (GET) is in the final stages of completing its long -range transit plan. GET has
gl /ar
March 10, 2014, 4:24PM
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ADMINISTRATIVE REPORT
identified the downtown Amtrak station as a primary bus depot in its short, mid and long -range
service changes. Kern Regional Transit (KRT) will adjust its intercity bus routes to use the GET
Amtrak bus stops to enhance and improve its county -wide service.
Originally, the plan was to construct a parking garage within the existing parking lot at the
Amtrak Station. However, this plan would have only resulted in 85 additional parking stalls.
Staff is currently evaluating a more practical option to construct a surface parking facility at a
location adjacent to the Amtrak parking lot, which would provide approximately 150 more
parking stalls. There is a location along the south side of Truxtun Avenue, immediately adjacent to
the Amtrak Station, which would be ideally suited for this new parking garage. The proposed
location consists of four parcels. There are structures on the parcels; two of them are currently
vacant and the other two currently are occupied - one as a business and the other as a
residence. Building the parking facility on these parcels would be more advantageous than
locating it on the existing Amtrak parking lot for the following reasons:
• During construction of the facility, there would be minimal negative impact on Amtrak
passengers.
• As previously stated, the original plan included 85 additional parking stalls. The alternative
project increases the number of additional parking stalls to 150.
Staff is currently evaluating the purchase of the four parcels and seeking additional funds to
cover this additional expense.
Because state funds provide the funding source for this project, prevailing wages will apply. There
is no General Fund impact associated with this project.
gl /ar
March 10, 2014, 4:24PM
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ADMINISTRATIVE REPORT
MEETING DATE: March 19, 2014 AGENDA SECTION: Successor Agency
ITEM: t. r.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: March 6, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file successor agency payments from February 21, 2014 to
March 6, 2014 in the amount of $41,145.48
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 (ROPS) to the Bakersfield Oversight Board and the DOF every six (6) months
for approval. All payments of the Successor Agency must be on this approved listing in order
to be valid and authorized payments of the Successor Agency.
A check register is provided which summarizes the transactions processed during the above
referenced period. Additional details are provided below for each transaction.
Check #587300 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.
Check #587587 to Aleshire & Wynder LLP for $110.00 is a payment for attorney services.
Payment approved as ROPS line item #3.
Check #587607 to Kern Steel Fabrication Inc. for $6,035.48 is a payment for work performed in
completion of the Sister City Garden Phase B project. Payment approved as ROPS line item
#29.
SAKim G \ADMIN -- SA \COUNCIL- ADMIN- SA- 2014\ADMIN—SA 03- 19- 14.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: March 19, 2014 AGENDA SECTION: Hearings
ITEM: 10.0..
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director
DEPARTMENT HEAD 7kt_,
DATE: March 6, 2014 CITY ATTORNEY A&
CITY MANAGER
SUBJECT: Consideration of a resolution approving the issuance by the Housing Authority of
the County of Kern of rental housing bonds (not to exceed $15 million) for the
purchase and rehabilitation of approximately 160 units of multi - family rental housing
at 7000 Auburn Street (Ward 3).
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The Housing Authority of the County of Kern (Housing Authority) intends to issue approximately
$15 million of tax - exempt bonds, the proceeds of which will be used to purchase and rehabilitate
a 160 -unit affordable multi - family housing project. This housing project called Auburn Heights is
located at 7000 Auburn Street, in the City of Bakersfield. The project currently consists of two,
three, and four bedroom units and upon rehabilitation, will provide family housing to households
earning 60% area median income (AMI) or less. The total project cost is approximately $17.9
million.
Although this is not a City of Bakersfield project, pursuant to the requirements of the Tax Equity
Fiscal Responsibility Act (TEFRA) of 1982, the Housing Authority has requested that the City publish
a public notice, conduct a hearing to receive public input on the proposed issuance of the
Housing Authority's bonds, and approve the issuance of such bonds.
A previous resolution (RES 009 -13) for this action was approved by the City Council on February
13, 2013. However, due to the omission of specific language in the Public Notice at that time
regarding the entities owning and managing the project, the Housing Authority bond counsel
informed the Authority that the item must be re- noticed and re- considered in order to issue the
bonds. Thus, the Housing Authority has requested the City Council hold a new public hearing
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ADMINISTRATIVE REPORT
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and adopt a new resolution. The revised public notice was published on February 28, 2014, with
no comments received to date.
The actions by the City Council will allow the Housing Authority to issue its rental housing revenue
bonds on a tax - exempt basis to help in the financing of the Housing Authority's project. The
Housing Authority will be responsible for the repayment of the bonds. There is no city funding
involved in this project. Additionally, on February 13, 2013, the City Council approved an
indemnification agreement (13 -010) between the City and the Housing Authority regarding this
action. This agreement remains applicable for the resolution under consideration.
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ADMINISTRATIVE REPORT
U
MEETING DATE: March 19, 2014 AGENDA SECTION: Hearings
ITEM: 101D.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD_
AAL
DATE: March 7, 2014 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Public Hearing to consider the Adoption of Resolutions of Necessity to
determine whether the public interest and necessity require acquisition by
eminent domain, of partial interests in the following real property for public
purpose, known as APNs (1) 332 - 230 -01, (2) 332 - 230 -06, (3) 368 - 060 -07, (4) 368-
082-12, (5) 368 - 111 -01, (6) 368- 111 -22, (7) 496 - 050 -16, (8) 332 - 260 -01 and -02,
(9) 332 - 260 -22, -23, -24 and -25, and (10) 452- 060 -05, -39 and -41 for Rosedale
Highway Widening Project. (Code Civ. Proc. § 1240.010) (Wards 3 and 4)
RECOMMENDATION:
Staff recommends adoption of the Resolutions of Necessity.
The Project: The Thomas Roads Improvement Program ( "TRIP ") and the City of Bakersfield
(the "City ") have proposed a widening and improvement project for Rosedale Highway west of
State Route 99 (the "Project "). The Project proposes construction of two additional lanes (one in
each direction) between Allen Road and Gibson Street, creating space for six lanes of vehicular
travel, curbs and gutters, sidewalks and drainage systems.
To complete the project, it is necessary to acquire certain portions of parcels fronting on
Rosedale Highway for right of way and, during portions of the construction period, temporary
construction easements. A map depicting the Rosedale Highway Widening Project is attached
as Exhibit A.
The Property To Be Acauired: The City Council has before it ten (10) proposed Resolutions of
Necessity to Acquire partial interests in property that are necessary for the Project, in various
combinations of partial takings and temporary construction easements on properties located
on Rosedale Highway (the "Subject Property Interests "). The Subject Property Interests are listed
in Exhibit B to this report. Maps and Legal descriptions of each of the Subject Property Interests
are attached to each Resolution of Necessity. Some of the Subject Property Interests are
outside the City boundaries in the County of Kern (the "County "), and the County has
authorized the City to take the lead in acquiring those property interests.
A
t.
ADMINISTRATIVE REPORT
LI
General Description of Necessity, Public Use, And Legal Authority: The Subject Property Interests
are sought for a public use, namely for road widening and street improvement purposes
necessary therefor, including grading and driveway reconstruction, and all purposes necessary
and convenient thereto in connection with the Project pursuant to the authority conferred
upon the City of Bakersfield to acquire property by eminent domain by the City Charter,
California Government Code sections 37350, 37350.5, 37351, 40401 and 40404 and California
Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not
limited to sections 1240.010, 1240.020,1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610,
1240.650, and other provisions of law.
As shown more fully below, the Project is consistent with the City's General Plan and is required
for the public health and safety because it will improve vehicular traffic circulation and safety,
improve pedestrian safety, provide adequate capacity for emergency east -west traffic,
alleviate the anticipated unacceptable levels of traffic congestion, and maintain traffic
circulation at the standard set forth in the City's Circulation Element.
Environmental Review: The City of Bakersfield is the lead agency for this Project. The 2010 City
of Bakersfield General Plan (City's General Plan) identifies the need for further improvements
along Rosedale Highway. The Project traffic flow improvements were found to be compatible
with the health, safety, and welfare of the community and in conformance with the City's
General Plan and Circulation Element. The Project was found to be compatible with
surrounding land uses. The Project was determined to not have an adverse effect on the overall
community because it remains consistent with the goals and policies of the General Plan and
Circulation Element. All of these proposed road widening and street improvements are part of
the Project.
The potential environmental effects of the Project were studied and analyzed in connection
with the Initial Study /Environmental Assessment of the Rosedale Widening Project. On May 22,
2012, the City Council approved the findings of no significant impact contained in the
Mitigated Negative Declaration ( "MND") for the Project, prepared in accordance with the
California Environmental Quality Act ( "CEQA "). A MIND may be used to satisfy the requirements
of CEQA when a Project would have no significant effects on the environment that cannot be
mitigated. The MND found that implementation of the Project would not result in any significant
effects on the environment that cannot be reduced to below a level of significance with the
mitigation measures included therein. The Department of Transportation of the State of
California approved the Mitigated Negative Declaration on May 30, 2012.
Findinas: In order to adopt each Resolution of Necessity with respect to the Subject Property
Interests, the City Council must, separately and individually, find and determine with respect to
each proposed acquisition that the following requirements are met (Code of Civil Procedure
Section 1245.230): (A) The public interest and necessity require the Project; (B) The Project is
planned and located in the manner that will be most compatible with the greatest public good
and least private injury; (C) The Subject Property Interests described in each Resolution of
Necessity are necessary for the Project; and (D) The City has made an offer as required by
Government Code section 7267.2 to each of the owners of record of the real property it seeks
to acquire. The amount of just compensation is not an issue before the City Council at this
hearing. Here, each of the requirements is met, as follows:
A
ADMINISTRATIVE REPORT
10
A. The Public Interest and Necessity Require the Project
As shown above, the Project would alleviate present and future traffic congestion, improve
operations, ensure that vehicles (including emergency vehicles vital to the public health and
safety) are able to circulate in a safe manner, create capacity necessary to support Rosedale
Highway during emergencies, reduce accident rates, improve pedestrian safety, provide for
future increases in traffic volumes, and minimize unacceptable congestion and unsafe
conditions that would result absent the Project. The Project will alleviate anticipated
unacceptable levels of traffic congestion and maintain traffic circulation at the standard set
forth in the Circulation Element of the City's General Plan. The Project cannot be completed
without the acquisition of the Subject Property Interests.
B. The Project is Planned and Located in the Manner that will be Compatible with
the Greatest Public Good and Least Private Injury.
It is not possible to widen Rosedale Highway without acquisition of property along Rosedale
Highway in and adjacent to the Project. The City has made every effort to reduce the number
of partial fee acquisitions needed for the Project, and has designed the Project in such a way
that only those property interests necessary for the Project will be acquired. The temporary
construction easements necessary for the Project allow the affected private property owners to
retain ownership of their properties following the completion of the Project.
C. The Subject Property Interests Described in The Resolutions of Necessity Are
Necessary For The Project.
As explained above, the construction of the Project in the manner proposed requires the
acquisition of the Subject Property Interests for the construction of the road widening and street
improvement project. There is no practical way to widen the road without acquisition of the
Subject Property Interests.
D. The City Has Made Offers Required by Section 7267.2 of the Government Code to
the Owners of Record of the Real Property the City Seeks to Acquire.
The City obtained fair market value appraisals of the Subject Property Interests, set just
compensation in accordance with the appraised fair market value, and extended written offers
to the record owners of the Subject Property Interests listed on Exhibit B, pursuant to
Government Code section 7262 et seq. True and correct copies of the offer letters are on file in
the City's TRIP office, and are incorporated in this Report by this reference. The City has
engaged in good faith negotiations with the owners that have responded to the City's offers,
but no negotiated purchase has yet been consummated as to the Subject Property Interests.
The schedule for the Project requires that the City Council consider the proposed Resolutions of
Necessity at this time.
111111���.ii
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ADMINISTRATIVE REPORT
Recommendation and Description of the Process:
STAFF RECOMMENDS the City Council:
1. Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity,
receive from staff the evidence stated and referred to in this report to City Council, take
testimony from any person wishing to be heard on the issues, and consider all evidence to
determine whether to adopt the proposed Resolutions of Necessity, each of which requires the
City Council's separate consideration and determination that the following four findings
described above have been established.
If the Resolution is adopted, the City will:
1. File an eminent domain action in Kern County seeking the necessary Property Interest;
2. Request that the court grant early possession of the Property Interest; and
3. If necessary, proceed with the eminent domain action through trial to determine any
unresolved issues, including just compensation.
Throughout the process, the City will remain open to an informal resolution of the matter without
the need for litigation.
BAKE
O�x�orvoe�re�S�
ADMINISTRATIVE REPORT
MEETING DATE: March 19, 2014 AGENDA SECTION: Reports
ITEM: 11. A..
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: March 19, 2014 CITY ATTORNEY V
CITY MANAGER
SUBJECT: 2014 City Council Goals Update:
1. Report on Accomplishments of Goals for 2012 and 2013
2. Update of Goals Document for 2014
RECOMMENDATION: Staff recommends Council review the attached Highlights and
Accomplishments Report for the 2012 and 2013 City Council Goals. In addition, a draft version of
the Goals document with the inclusion of updates for 2014 is submitted for the Council's
consideration and direction.
BACKGROUND: To begin the annual process of updating the City Council Goals for 2014, the
following documents are submitted for the Council's review:
• The City Council Goals, including the Guiding Principles, as most recently adopted by the City
Council on April 18, 2012.
• A report noting the accomplishments and progress made towards the goals that were
adopted in 2012. This is a detailed report that was prepared with review and input from the
Department Heads, who have contributed to the update.
• A "marked up" version of the 2012 Goals Document, which includes preliminary updates to the
major goals, subcategories, and the specific targeted actions to meet each goal.
This document also includes input from the department heads and reflects the removal of
items completed or no longer relevant, inclusion of new information where goals or targets
have changed, and the addition of new goals, as appropriate. The background notations are
in the shaded right margin.
Staff will also provide a PowerPoint presentation, focusing on the significant items included in the
Highlights and Accomplishments since the Goals were last reviewed and adopted.
The City Council Goals provide policy guidance to staff for budgetary and program implementation.
The updated information included with this Administrative Report is intended to provide the Council
with the opportunity to review and propose additional modifications prior to final adoption of the
Goals for 2014. Staff requests that all suggestions be submitted to the City Manager's Office at the
Council's earliest convenience. Final review and adoption of the updated goals will be presented to
the City Council on a future agenda.
rks
A
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ADMINISTRATIVE REPORT
MEETING DATE: March 19, 2014 AGENDA SECTION: Deferred Business
ITEM: a,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD VG'
DATE: March 7, 2014 CITY ATTORNEY Vim'
CITY MANAGER AS
SUBJECT: First reading of Ordinance Enacting Chapter 9.32 of the Bakersfield Municipal
Code relating to Aggressive Panhandling /Solicitation.
RECOMMENDATION:
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. The Committee, by a unanimous vote, directed the City Attorney's office
to send it to City Council for first reading on March 5, 2014.
At the March 5, 2014 City Council meeting, a motion was passed requesting that the City
Attorney make a similar PowerPoint presentation before first reading of the ordinance is
considered. Therefore, this matter will be heard under deferred business and the City Attorney
will explain how the proposed ordinance is a reasonable time, place and manner restriction
which meets the targeted goals of protecting 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.
VG /TG:Isc
S: \C0UNCIL \Admins \13 -14 Admins\ Panhandling- Solicitation.DB.docx
BA E
o +op,r Rs
ADMINISTRATIVE REPORT
MEETING DATE: March 19, 2014 AGENDA SECTION: Deferred Business
ITEM: /;t
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
Raul Rojas, Public Works Director
March 14, 2014
APPROVED
DEPARTMENT HEAD
Cul -de -Sacs at Beech and Cedar Streets. (Ward 2 )
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND:
CITY ATTORNEY
CITY MANAGER_
On November 14, 2012, City Council passed Resolution No. 128 -12, which set forth the policy for
cul -de -sacs along the streets between 22nd and 24th Streets. Council subsequently amended
its policy with Resolution No, 128 -12 (2) which provides in relevant part as follows:
Upon receipt of a petition requesting that a cul -de -sac along the south side of 24th Street at its
intersection with Beech, Myrtle, Spruce, Pine, Cedar, A, B, or C Street, as shown in attached
Exhibit A, be constructed, staff will review the circumstances surrounding the requested cul -de-
sac and make a recommendation to the City Council whether to approve or deny the request
for construction of the cul -de -sac on that street; provided, however, that the following
conditions are met:
a. The petition requesting the cul -de -sac must be signed by at least 75% of the property
owners between 24'" and 22nd Streets on a street requesting a cul -de -sac; and
b. The owners of the properties adjacent to 24th Street on each street requesting a cul-
de -sac must agree to donate sufficient property to construct the cul -de -sac to City
standards.
To date, cul -de -sacs have been approved and installation begun on the following streets: Pine,
Myrtle, Spruce and A.
Homeowners on Cedar and Beech Streets have now approached the Council for approval.
However, there are two property owners, one at the end of Cedar Street and one at the end of
Beech Street who are currently unwilling to donate the necessary land for construction of the
cul -de -sac for each of those streets, which is a necessary component for approval under
Council's current policy, Resolution No. 128- 12(2).
BAKE
ADMINISTRATIVE REPORT
C, ant' "iB' P
gZIFO
Per Council direction, City staff has approached both of the property owners at the end of
Cedar and Beech Streets to further discuss the issue. The following represents their findings as of
the date this administrative report was prepared:
1. Cedar Street: Staff met with the property owner on March 11 th to discuss the cul -de -sac
issue. He was open to the possibility of the cul -de -sac project moving forward. However, he
had some reservations regarding parking for his vehicles. Staff presented two options to the
property owner.
Option 1: Provide a drive approach through the sidewalk within the cul -de -sac limits
along the property owner's south property line to provide off street parking. The property
owner would be responsible for construction of a driveway on his property. However, the
residents of Cedar Street may wish to consider participating in a non - profit organization
to pay for the expenses of constructing his driveway and to mitigate damages to
landscaping from construction of the cul -de -sac.
Option 2: In addition to all the provisions described in Option 1, this option also proposes
pushing the cul -de -sac 8 feet south and adding two parallel parking spaces at the end
of the cul -de -sac beyond the required emergency vehicle turning radius. On- street
parallel parking would not be dedicated to the property owner or to the adjacent
residents, which as been explained to the property owner.
It is important to note that staff would need to do further study of the parallel parking
option to determine if it is feasible before this option can be fully considered.
The property owner has requested drawings of the two proposed options for further
consideration. Staff has contacted the project engineer to provide renderings of the
proposals made for the property owner to review. Staff will contact the property owner next
week to review the drawings with him and continue the discussion of the cul -de -sac project,
in hopes of moving forward. At this point, the property owner has not eliminated the
possibility of the cul -de -sac project on Cedar Street, but he is not willing to give his consent
until he is able to review the potential parking alternatives.
In addition, as stated above, the cost for construction, if he is receptive to either of the
options proposed, has yet to be determined.
2. Beech Street: After numerous attempts, staff made contact with the property owner on
Beech Street. The property owner is aware of the project and the desire of the community
to establish a cul -de -sac for Beech Street. While he is not completely opposed to the
project, he has concerns with having no parking adjacent to his house, as well as impacts to
his landscaping. He is interested in meeting with staff to identify mitigations to the impacts.
However, he will be unavailable for several weeks; he has indicated he is willing to discuss
the issue again with staff when he returns.
BAKE
O� ycOR"PON epR S n
U � p
ADMINISTRATIVE REPORT
C
all,
LIFO
The City Council has the following options available:
1. Direct staff to continue discussions with the property owners to pursue an alternate resolution
for each street, although the outcome remains uncertain at this point; or
2. Direct staff to begin eminent domain for the property necessary to secure the required
amount of property to construct a cul -de -sac per City standard (approximately 1 -2 feet); or
3. Direct staff to move ahead with the cul -de -sacs and utilize the "Unreasonable Hardship" rule
pursuant to the California Disabled Accessibility Guidebook construct a 3 foot, rather than
their standard 4 foot sidewalk; or
4. Not approve construction of the cul -de -sac, per Resolution No. 128- 12(2), for the inability to
meet all parameters (secure the donation of property from the end property owners).
There are certain risks and benefits associated with each of the options described above and
each has different time frames. Ultimately, it is the Council's decision as to the most
appropriate course of action.
AH:NF:dll
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 5, 2014
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:34 p.m. ACTION TAKEN
1. ROLL CALL
Present: Vice -Mayor Weir, Councilmembers
Rivera (seated at 3:36 p.m.), Maxwell,
Smith, Hanson, Sullivan, Johnson
Absent: Mayor Hall
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) for
the following:
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- 1 500-CV-271472-LH B.
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).
Motion by Councilmember Hanson to adjourn to APPROVED
Closed Session at 3:35 p.m. AS HALL
Motion by Councilmember Maxwell to adjourn from APPROVED
Closed Session at 4:55 p.m. AS HALL
4.
4
Bakersfield, California, March 5, 2014 - Page 2
CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) for
the following:
3. City v. Kern County, et al., Fresno County CITY ATTORNEY WAS
Superior Court Case No. 13CEGO2817 GIVEN DIRECTION
b. Conference with Legal Counsel - Potential CITY MANAGER WAS
Litigation; Closed Session pursuant to GIVEN DIRECTION
Government Code Section 54956.9 (d) (2),
(e) (1) (one potential case).
ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 5:06 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 ATTORNEY WAS
1. City v. MVB Ventures, LLC, et al., Tulare
AUTHORIZED TO ACCEPT
County Superior Court Case
SETTLEMENT FROM THE
No. VCU 12- 247560.
DEFENDANT IN THE
AMOUNT OF $655,000
2. Joe R. Slaughter, et al. v. City, et al., Kern
NO REPORTABLE ACTION
County Superior Court Case
No. S- 1500 -CV- 271472 -LHB.
3. City v. Kern County, et al., Fresno County CITY ATTORNEY WAS
Superior Court Case No. 13CEGO2817 GIVEN DIRECTION
b. Conference with Legal Counsel - Potential CITY MANAGER WAS
Litigation; Closed Session pursuant to GIVEN DIRECTION
Government Code Section 54956.9 (d) (2),
(e) (1) (one potential case).
ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 5:06 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
Bakersfield, California, March 5, 2014 — Page 3
2. INVOCATION by Pastor James Scarborough, ACTION TAKEN
Bakersfield Hillcrest Seventh Day Adventist Church.
3. PLEDGE OF ALLEGIANCE by Clara Doll, 4,h grade
student at Downtown Elementary School.
Mayor Hall acknowledged the students from the Ridgeview
High School Government class in attendance at the meeting
to learn about City government.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
a. Ahron Hakimi, Executive Director of Kern
Council of Governments, spoke in support of
the Centennial Corridor Project and the early
right -of -way acquisition mechanism.
b. Marvin Dean spoke regarding the following:
Consent Calendar Item 8.ff., reprogramming
Community Development Block Grant funds,
and supports moving the money into
community curbs and gutters, and indicated
he would like to see more diversity on those
projects; Reports items 6.a., b., and c., road
improvements and the TRIP Program; Consent
Calendar Item 8.n., Agreement with Caltrans
for the Beltway Operational Improvement
Project; and on behalf of the Kern Minority
Contractors Association, extended an invitation
for the City to participate in the California
Transportation Summit, scheduled for March 16,
17, and 18 (submitted written material).
C. Jennifer Pitcher, with Kern Citizens for
Sustainable Government, spoke regarding the
OpenGov platform, a tool that can empower
citizens to better participate in local
government; and she provided a PowerPoint
presentation.
CouncHmember Johnson referred this matter to
the Budget and Finance Committee.
Bakersfield, California, March 5, 2014 - Page 4
5. PUBLIC STATEMENTS continued ACTION TAKEN
d. The following individuals spoke regarding the
Westside Parkway and requested an adequate
sound wall: Jo Barrick, and she submitted
written material from herself, Nancy Wren,
Robert Williams, and the Pratt family; Dale Hill;
Kristen Cimental; John Mudryk; and Roger
Sanchez.
Councilmember Smith advised that he met with
staff and Kern County Supervisor David Couch,
and we are looking into this to try and find a
solution to do what we can; however, the
Parkway may never be lowered because of the
retention basins that are there and the water
problem that would result; the walls were
designed pursuant to the calculations and
specific guidelines by the Federal Highway
Administration that determined where the
sound walls would be put in, if put in at all, and
the distance, the traffic volumes, and the
speeds of the road; but we are looking at it and
expect a report back from staff in six to eight
weeks.
e. Scott Whyte spoke regarding his permanent
expulsion from the McMurtrey pool, suggested
a variance on the T -shirt policy, and asked that
this matter be referred to a committee for
consideration.
Councilmember Smith advised that he met with
Mr. Whyte and staff; and staff has said that
Mr. Whyte is welcome to come back if he wants
to abide by the rules.
The following individuals spoke in support of a
cul -de -sac on Cedar Street: Keith Barnden and
Bernadette Root.
Bakersfield, California, March 5, 2014 — Page 5
5. PUBLIC STATEMENTS continued ACTION TAKEN
g. The following individuals spoke regarding the
proposed Panhandling Ordinance: Wayne
Wright, the 9t" District Commander of the
Department of California Veterans of Foreign
Wars, is in support of the ordinance; Kim Albers
would like to slow things down on the
ordinance and encouraged engaging in street
outreach efforts that are already beginning
and a comprehensive campaign to educate
the public, prior to an enforcement strategy;
Jim Wheeler, Chair of the Kern County
Homeless Collaborative, requested
postponement of the ordinance in order to give
the Collaborative a chance to identify those
who are truly homeless, and submitted written
material; Jeff George is in support of a
panhandling ordinance; and Kevin Bark
Chairman of the Board with the Downtown
Business Association, is in support of an
ordinance.
Counciimember Johnson requested that the
Convention and Visitors Bureau encourage the
hotels to put placards in each room to remind
visitors that we do not encourage panhandling
in our community.
Mayor Hall advised that impacts have been
made in reducing the number of homeless
Individuals in our community; he commended
the efforts of the Homeless Collaborative to end
homelessness, and encouraged everyone to
support those efforts.
h. Heidi Carter Escudero spoke regarding her
opposition to the planned zoning change that
will take away the 10 -acre community park
from the residents in City in the Hills.
Vice -Mayor Weir advised that the land is about
1500 feet from the planned expansion of the
softball fields on 178, and the City does not put
parks that close together; we have an
opportunity to do something in the northeast
side of town that will be a tremendous asset to
that area and to the City in the Hills
neighborhood, and we need to move now or
we will lose that opportunity forever.
6.
Bakersfield, California, March 5, 2014 - Page 6
WORKSHOPS ACTION TAKEN
City Clerk Gafford announced that a staff
memorandum was received for Item 6.c.1.,
indicating that two additional inquiries were
received from property owners on this matter,
bringing the total to 85.
City Manager Tandy made introductory comments,
encouraged the City Council to wait until the end
of all four presentations to ask questions, and advised
that the Closed Session should have been listed after
Item 6.d.
a. Thomas Roads Improvement Program Update. NO ACTION TAKEN
(TRIP)
Public Works Director Rojas made staff
comments and provided a PowerPoint
presentation.
b. Update on TRIP Financing. NO ACTION TAKEN
Finance Director Smith made staff comments
and provided a PowerPoint presentation.
C. Centennial Corridor Project: (TRIP)
1. Early release of funds for property
APPROVED
acquisition.
2. Appropriation of $165,000,000 Federal
Transportation Funds to the Centennial APPROVED
Corridor Project Capital Improvement
Budget.
3. Conference with Legal Counsel - REMOVED
Potential Litigation; Closed Session
pursuant to Government Code
Section 54956.9 (d)(2), (e)(1) (one issue).
Closed Session Action NONE
City Manager Tandy made staff comments,
provided a PowerPoint presentation; and
recommended authorizing 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, and approval of the
appropriation.
Bakersfield, California, March 5, 2014 - Page 7
6. WORKSHOPS continued ACTION TAKEN
d. Agreement with Overland Pacific & Cutler, Inc. AGR 14 -026
($15,873,536), for right of way services for the
Centennial Corridor Loop (SR -58 connector)
Project. (TRIP)
Property Manager Anderson made staff
comments, provided a PowerPoint
presentation, and recommended approval of
the agreement.
Councilmember Hanson expressed his appreciation to
KernCog and the other 10 cities in the County for
stepping up as far as the $33 million are concerned
because without their cooperation we would not have
that opportunity; they lose two years of potential
funding, so it was a big sacrifice for these cities.
Councilmember Maxwell requested that the issue of
funding for the 24th Street Widening Project be referred
to the Budget and Finance Committee for clarification
to make sure those numbers are correct.
Councilmember Hanson made a motion to accept the
$165,000,000 for the Centennial Corridor Project and
move forward with the early acquisition process, and
remove Closed Session Item 6.c.3.
Councilmember Maxwell advised he would be in
favor of the motion as long as this is a totally voluntary
position and no one is going to get any pressure from
the City to sell.
Motion by Councilmember Hanson to accept the
$165,000,000 for the Centennial Corridor Project and APPROVED
move forward with the early acquisition process on
Item 6.c.1. and 6.c.2.
Motion by Councilmember Hanson that It Is APPROVED
unnecessary to go to Closed Session on Item 6.c.3.
Motion by Vice -Mayor Weir to adopt staff's APPROVED
recommendation on Item 6.d.
Mayor Hall recessed the meeting at 7:56 p.m. and
reconvened the meeting at 8:07 p.m.
7
8.
Bakersfield, California, March 5, 2014 - Page 8
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.
City Clerk Gafford announced that one
application was received from Michael Caves.
Motion by Vice -Mayor Weir to appoint Michael
Caves to the Miscellaneous Civil Service Board,
term to expire on December 31, 2016.
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.
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)
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)
ACTION TAKEN
APPROVED
REMOVED FOR
SEPARATE
CONSIDERATION
ORD 4763
ORD 4764
ASS WEIR
8.
Bakersfield, California, March 5, 2014 — Page 9
CONSENT CALENDAR continued
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
(ZC # 13 -0292, Pinnacle Civil Engineering, Inc.,
representing Crystal Farms). (FR 02112114)
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)
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 Bill
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.
ACTION TAKEN
ORD 4765
ASS SMITH
ORD 4766
ORD 4767
REMOVED FOR
SEPARATE
CONSIDERATION
RES 031 -14
Bakersfield, California, March 5, 2014 — Page 10
S. CONSENT CALENDAR continued
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.
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)
3. ROI No. 1777 adding Area 2 -56 (2626
Ming Avenue)
Agreements:
M. Agreement with Uncle's BBQ to provide
concession services at the Mesa Marin Sports
Complex.
n. Cooperative Agreement with the State of
California Department of Transportation for the
Beltway Operational Improvements Project.
(TRIP)
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. CM 1 1- 004(1)
with ViaTron Systems ($40,000; revised not to
exceed $80,000) for document scanning
services.
ACTION TAKEN
RES 032 -14
ROI 1775
ROI 1776
ABS SMITH
ROI 1777
AGR 14 -027
AGR 14 -028
AGR 14 -029
DEED 7780, 7781
AGR 14 -030
C�
Bakersfield, California, March 5, 2014 - Page 11
CONSENT CALENDAR continued
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.
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 Utility /Roads Fund 11.47% for the State
Route 178 and Morning Drive Interchange
Project. (TRIP)
Bids:
S. Reject bids for two replacement fork lift trucks
for use by Rabobank Arena.
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.
ACTION TAKEN
AGR 13- 045(1)
AGR 13 -118
CC01, CCO2, CCO5,
CC08
Bakersfield, California, March 5, 2014 - Page 12
8. CONSENT CALENDAR continued
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.
Z. Accept bid and approve contract with Jim
Alfter Cement Contractor (not to exceed
$273,380) for the construction of HUD curb and
gutter for East Truxtun Area.
aa. Accept bid and approve contract with Jim
Alfter Cement Contractor (not to exceed
$78,053.35) for the construction of HUD curb
and gutter for southeast area schools
pedestrian improvements.
bb. Accept bid and approve contract with Vulcan
Materials Company (not to exceed $461,567)
for the supply of HUD funded street materials.
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:
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.
ACTION TAKEN
AGR 14 -031
AGR 14 -032
AGR 14 -033
AGR 14 -034
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, March 5, 2014 - Page 13
8. CONSENT CALENDAR continued ACTION TAKEN
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 ABS JOHNSON
(HUD) Action Plan Amendments, and
appropriation of Emergency Solutions Grant
(ESG) Funding:
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.
City Clerk Gafford announced that staff
memorandums were received for Item 8.q., clarifying
that this matter does not pertain to Wastewater
Treatment Plant No. 2; and also Item 8.cc., transmitting
an aerial map.
Councilmember Smith announced that he would
abstain, due to conflict of interest, applicants are
clients of his, on items 8.f. and 8.1.2.
Councilmember Johnson requested that item 8.dd. be
removed for separate consideration.
8.
Bakersfield, California, March 5, 2014 - Page 14
CONSENT CALENDAR continued ACTION TAKEN
Councilmember Johnson announced that he would
abstain, due to perceived conflict of interest, on items
8.1. and 8.ff.
Vice -Mayor Weir announced that he would abstain,
due to possible conflict of interest, on item 8.e.
Councilmember Rivera requested that items 8.c. and
8.1. be removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.jj., with the removal of
items 8.c., 8.1., and 8.dd. for separate consideration.
C. First Reading of Ordinance enacting
Chapter 9.32 of the Municipal Code relating to
aggressive panhandling /solicitation.
Councilmember Rivera advised that the reason
he pulled this item for separate consideration
was because he could not support the
ordinance at this point and wanted to explain
his reasoning.
Vice -Mayor Weir made a motion to table the
ordinance indefinitely.
Councilmember Johnson made a motion to
refer this matter back to the Legislative and
Litigation Committee to allow other interest
groups to participate in the process, and then
bring it back to the full Council.
Motion by Vice -Mayor Weir to table the FAILED
ordinance indefinitely. AYES WEIR, RIVERA,
HANSON
Revised motion by Councilmember Johnson to APPROVED
refer this matter back to the body as a whole. NOES WEIR, RIVERA,
HANSON
8.
9.
10.
11.
Bakersfield, California, March 5, 2014 - Page 15
CONSENT CALENDAR continued ACTION TAKEN
Resolution authorizing the City to contribute
$5,000 toward The League of California Cities'
Lawsuit to Invalidate California State Senate Bill
No. 7 (SB 7).
Councilmember Rivera advised that he would
not be supporting the Resolution and explained
his reasoning.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar Item 8.1. NOES RIVERA
ABS JOHNSON
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.
Councilmember Johnson thanked the
Greenfield Walking Group for coming out in
force tonight and sticking through the entire
meeting.
Motion by Counclimember Johnson to adopt APPROVED
Consent Calendar Item 8.dd.
CONSENT CALENDAR PUBLIC HEARINGS
None.
HEARINGS
None.
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.
City Manager Tandy made staff comments.
Councilmember Maxwell requested that this
matter be tabled at this time.
Bakersfield, California, March 5, 2014 - Page 16
11. REPORTS continued
b. Report regarding drought conditions and water
conservation efforts.
Staff recommends the report be received and
filed.
Water Resources Manager Chianello made
staff comments and provided a PowerPoint
presentation.
Councilmember Johnson requested that the
Water Resources Manager include in his
presentation at the upcoming Water Forum on
March 13th the criteria the City needs to
Implement the steps to start meeting certain
criteria such as at what point does water
rationing become a discussion and what are
the triggers.
Councilmember Smith requested that the
Water Resources Manager also include in his
presentation to educate the public on how to
conserve water, that 70 percent of domestic
water usage goes to yards, and they should be
down to 25 percent of summer times on their
timers right now.
ACTION TAKEN
Motion by Vice -Mayor Weir to receive and file APPROVED
the report.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
Bakersfield, California, March 5, 2014 - Page 17
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Maxwell thanked Chief of Police
Williamson and one of his officers for going over to the
Colony Arms facility to try to solve some of the
problems in that area.
Councilmember Maxwell asked staff to see about
coordinating the traffic signals on 231d and 24th streets,
especially during the morning and evening hours, so
the traffic doesn't get backed up.
Councilmember Johnson announced that he has a
Community Voices letter scheduled to promote the
Water Forum on March 13th.
Councilmember Johnson requested that City Attorney
and Community Development Department staff
provide more proactive involvement with an issue on
McKee Road involving a business on that road and the
residents that live nearby, to try and deal with the
objection to the neighbors.
Councilmember Rivera requested that AB 551, related
to urban agriculture, be referred to the Community
Services Committee for discussion.
Councilmember Rivera requested that Public Works
and Police Department staff provide a presentation at
the next ad hoc committee meeting on transportation
and pedestrian safety regarding the City's policy on
street lighting and what the City hopes to achieve with
respect to street light installation, as it relates to
pedestrian safety.
Councilmember Sullivan requested a report and
update on the City's dog licensing, discounted
program for spaying and neutering, and the unwanted
stray animal population, and possibly engaging the
newspaper's assistance with this problem.
ACTION TAKEN
Bakersfield, California, March 5, 2014 - Page 18
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall provided the following update on the litter
removal efforts: In February, Homeless Center crews
#1 and #2 picked up 21 tons of litter, and crew #3
picked up 8.4 tons from the homeless encampments
and special projects; the Sheriff's Department crew
continues to work 5 days a week on local freeways
taking care of litter and vegetation removal, and has
cited 51 individuals for uncovered loads; Caltrans and
the Sheriff's Department recently signed a 2 -year
contract for litter and vegetation control on freeways
In metropolitan Bakersfield; in September, the City was
the recipient of a Keep America Beautiful Award at the
National Conference for its Keep Bakersfield Beautiful
litter projects; the Stop the Violence group picks up
litter once a week in Ward 1 and has picked up 22,530
pounds since September; volunteers from Garden
Pathways also goes out once a week in Ward 2 and
has picked up 35,180 pounds of litter since October;
and Police Officer Jason White took some volunteers
from his beat in Old Town Kern, 20 temporary residents
of the Homeless Center and staff, and did litter control
and pick -up on sidewalks, gutters and vacant lots.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:43 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield