HomeMy WebLinkAbout04/16/14_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF APRIL 16, 2014
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m,
REGULAR MEETING - 3:30 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d)(2),(e)(3) in the matter of the claim of Kim D,
Knollenberg.
b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
Government Code Section 549569 (d)(1) for the following:
1. Concerned Citizens of Bakersfield v. City, Kern County Superior Court Case
No, S- 1500 -CV- 279933, KCT,
2. Citizens Against the 24th Street Widening Project v. City, et al., Kern County
Superior Court Case No, S- 1500 -CV- 281556, KCT,
3. Cynthia Soltero v. City, et al., USDC Eastern District Case
No, 1:12 -CV- 01791- LJO -JLT.
4. CLOSED SESSION ACTION
5. ADJOURNMENT
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Youth Minister Sean Battle, St, John Missionary Baptist Church.
3. PLEDGE OF ALLEGIANCE by Ruben Rodriguez, 3rd grade student at Our Lady of Guadalupe
School,
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Kathy Vochoska, Donate Life
Ambassador, declaring April 2014, DMV /Donate life Month.
b. Presentation by Mayor Hall of a Plaque to Pam and Art Carlock, honoring ten years
of service coordinating the Christmas Parade.
C. Presentation by Mayor Hall of Certificate of Appreciation to Bakersfield Police
Department Reserve Officer Doug Weybright for 30 years of service.
4. PRESENTATIONS continued
d. Presentation by Mayor Hall of the Distinguished Budget Presentation Award from the
Government Finance Officers Association to Assistant to the City Manager, Chris
Huot for the City's Annual Budget for the Fiscal Year beginning July 1, 2013,
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
a. One appointment to the Historic Preservation Commission due to the expiration of
term of Cynthia Icardo, whose term expired March 30, 2014.
Staff recommends Council determination.
(Ward 2) b. One appointment to the Planning Commission due to the expiration of term of Elliott
Kirschenmann (Ward 2), whose term expires April 30, 2014.
Staff recommends Council determination.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 19, 2014, Regular City Council Meetings.
Payments:
b. Receive and file department payments from March 7, 2014, to April 3, 2014, in the
amount of $33,014,295.92, and self- Insurance payments from March 7, 2014, to
April 3, 2014, In the amount of $549,768.65, totaling $33,564,064.57.
Ordinances:
(Ward 4) c. First Reading of Ordinance updating previously adopted Ordinance No. 4511 that
changed the zone district from C -2 to C -2 /PCD (ZC 07 -2098) on approximately 47.65
acres for the Riverwalk Commercial Center located along the north side of
Stockdale Highway between Calloway Drive and Buena Vista Road. A previously
certified Environmental Impact Report applies to this project (ZC No. 14 -0061 -
McIntosh & Associates, representing Castle & Cooke Commercial -CA).
d. Adoption of Ordinance enacting Chapter 9.32 of the Municipal Code relating to
Aggressive Panhandling /Solicitation.
Resolutions:
e. Resolution authorizing the City to enter Into a reciprocal agreement with the
Franchise Tax Board to exchange information regarding the operation of businesses
within the City.
f. Resolution supporting re- designation of the Kern County /Lancaster recycling market
development zone,
g. Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorizing collection of the assessments by the
Kern County Tax Collector,
City Council Meeting of 04/16/2014
8. CONSENT CALENDAR continued
(Ward 2) h. Disposal of Real Property:
1. Resolution declaring real property surplus to the needs of the City and
authorizing the Finance Director to negotiate Its sale for the property located
at the northeast corner of Kern Street and E. 21 sr Street.
2. Agreement with Rodney Wade Crawford and Julle Anne Crawford ($99,000)
to purchase said property.
(Ward 3) 1. Disposal of Real Property:
1. Resolution declaring real property surplus to the needs of the City and
authorizing the Finance Director to negotiate its sale for the property located
along the north side of State Route 178 at the T- Intersection of Height Street
and Sunny Lane,
2. Agreement with Caltrans ($500) to purchase a portion of said property.
(Ward 1) j. Resolution determining that a Simflo pump and motor for Wastewater Treatment
Plant No. 2 cannot be reasonably obtained through the usual bidding procedures
and authorizing the Finance Director to dispense with bidding, not to exceed the
budgeted amount of $104,000.
(ward 2) k. Resolution determining that an updated set of Creekview Villas engineering
construction documents cannot be reasonably obtained through the usual bidding
procedures and authorize the Finance Director to dispense with bidding thereof and
request Knitter and Associates Architecture and Planning to perform such work:
1. Appropriate $25,000 Housing Successor Agency Capital Improvement Budget
for design engineering consultant costs associated with the construction of
Creekview Villas Phase ll.
(Ward 7) I. Sewer connection fee assessments for 5001 Centaur Street:
1. Resolution confirming assessments for sewer connection fee and authorizing
the collection of assessments by the Kern County Tax Collector,
2. Agreement with Roberto Alvarez, to pay sewer connection fee in installments
through the Kern County Tax Collector.
(Ward 6) M. Sewer connection fee assessments for 3810 Wilson Road:
Resolution confirming assessments for sewer connection fee and authorizing
the collection of assessments by the Kern County Tax Collector,
2. Agreement with Pedro Ayala, to pay sewer connection fee in installments
through the Kern County Tax Collector.
(Ward 2) n. Sewer connection and construction fee assessments for 125 N. McDonald Way:
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 Leonel Perez and Lillian R. Perez, trustees of the Perez Living
Trust, to pay sewer connection and construction fees through the Kern County
Tax Collector,
3 City Council Meeting of 04/16/2014
8. CONSENT CALENDAR continued
(Ward 4,7) o. Resolutions adding the following territories to the Consolidated Maintenance District
and approving, confirming and adopting the Public Works Director's Report for
each;
1. Area 1 -98 (2925 Mosasco Street)
2. Area 1 -99 (Tentative Tract 7217 located at the northwest corner of Olive Drive
and Renfro Road)
3. Area 2 -56 (2626 Ming Avenue)
(Ward 3 -7) P. Resolutions of Intention adding the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming and adopting the
Public Works Director's Report for each;
1, ROI No. 1781 adding Area 1 -100 (southeast corner of Olive Drive & Rudd
Avenue)
2. ROI No. 1782 adding Area 1 -101 (northeast corner of Reina Road & Sante Fe
Way)
3. ROI No. 1783 adding Area 1 -102 (2620 Mosasco Street)
4. ROI No. 1784 adding Area 2 -57 (southwest corner of Ming Avenue & Allen
Road)
5. ROI No. 1785 adding Area 2 -58 (McNair Lane /Ride Street)
6. ROI No. 1786 adding Area 3 -91 (Compagnoni Street/Taft Highway)
7. ROI No. 1787 adding Area 4 -119 (5645 Auburn Street)
(Ward 2) q. Resolution of Intention No, 1778 ordering the vacation of the alley within the 300
block of E. 19th Street and E. 201h Street between Sonora Street and Inyo Street.
(Ward 3) r. Resolution of Intention No. 1779 establishing the revised drainage plan for the
Pioneer Planned Drainage Area and preliminarily approving the revised cost, fee
schedule and boundaries of the area.
Agreements:
(Ward 1) S. Agreement with the City, County of Kern, and Bakersfield Association of Retarded
Citizens (BARC) ($280,000 of Community Development Block Grant funds) to expand
the Material Recovery Facility at 2240 South Union Avenue.
(Ward 3) t. Final Map and Improvement Agreement with D.R. Horton VEN, Inc., for Tract 6243,
Unit 2, located at the intersection of Donaldo Street and Via Napoli Drive.
(Ward 4) U. Final Map and Improvement Agreement with Castle & Cooke California, Inc.,
for Tract 6250, Unit 20, located west of Jewetta Avenue and north of Stockdale
Highway.
(Ward 4) V. Improvement Agreement with D.R. Horton VEN, Inc., for Tract 6448, Phase 7, located
south of Stockdale Highway and west of Renfro Road.
(Ward 4) W. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for
Tract 6448, Unit 10, located south of Stockdale Highway and west of South Renfro
Road.
(Ward 2) x. Agreement with Curtis Charles Vorhees and Rebekah Rae Vorhees ($205,000) to
purchase real property located at 2400 Myrtle Street for the 24th Street Widening
Project. (TRIP)
City Council Meeting of 04/16/2014
8. CONSENT CALENDAR continued
(Ward 3) Y.
Agreement with Metal World, Inc. ($86,000), to purchase real property located at
5303 Rosedale Highway for the Rosedale Highway Widening Project, (TRIP)
(Ward 3) Z.
Agreement with Champlin Family Trust ($79,000) to purchase real property
located at 5401 Rosedale Highway for the Rosedale Highway Widening Project.
(TRIP)
(Ward 3) aa.
Agreement with Mangus Living Trust ($630,228) to purchase real property located at
5455 Rosedale Highway for the Rosedale Highway Widening Project, (TRIP)
(Ward 3) bb.
Agreement with Ganjson, LLC ($74,100), to purchase real property located at 9629
Rosedale Highway for the Rosedale Highway Widening Project, (TRIP)
(Ward 3) cc.
Agreement with Colombo Construction Company, Inc. ($239,000), for the design
phase of providing design and build services for Fire Station No, 8 remodel.
dd.
Amendment No. 2 to Agreement No, 09 -148 with Clifford and Brown ($75,000;
revised not to exceed $250,000) for outside legal services in the matter of Land Lot 1
v. City, et al (KCSC Case No, S- 1500 -CV- 263357 WDP).
ee.
Amendment No, 1 to Agreement No. 13 -072 with the Bakersfield Homeless Center
($129,040; revised not to exceed $690,640, and extend term one year) to provide
crews to remove litter from freeway shoulders and ramps within City limits.
ff.
Consultant Agreement for Improvement Plan Check and Final Map Checking
services;
Amendment No. 1 to Agreement No. PW13 -104 with Cornerstone Engineering,
Inc, ($25,000; revised not to exceed $65,000), to increase compensation for
the above services.
2. Appropriate $25,000 additional improvement plan check revenue to the
Public Works Department's Operating Budget within the Development
Services Fund.
(Ward 2,3) gg. Contract Change Order No. 2 to Agreement No. 13 -154 with Mora's Equipment and
Construction, Inc. ($27,117,86; revised not to exceed $183,322.86), for the Pedestrian
Access Improvements Project located on Columbus Street between River Boulevard
and Baylor Street, and Brundage Lane between Cedar Street and So. H Street,
(Ward 3) hh. Contract Change Order Nos. 7, 10 and 14 to Agreement No, 13 -118 with Granite
Construction ($1,217,44; revised not to exceed $25,513,677,09; 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)
(Ward 2,4,5) ii. Contract Change Order Nos, 167, 168, 169 and 170 to Agreement No. 09 -076 with
Security Paving Company, Inc. (Net decrease of $466,88; revised not to exceed
$93,566,269.86), for the construction of the Westside Parkway Phase 2 Project, (TRIP)
(Ward 2) jj. Contract Change Order Nos. 58 and 59 to Agreement No. 10 -168 with Security
Paving Company, Inc, (Net decrease of $259,140.59; revised not to exceed
$24,196,577,69), for the construction of the Westside Parkway Phase 4 Project, (TRIP)
City Council Meeting of 04/16/2014
8. CONSENT CALENDAR continued
Bids:
(Ward 2) kk. Accept bid from Integrated Network Systems Corporation ($62,661,40), for one
Microwave Radio System 2 for the Public Works Department, Communications
Division,
II, Accept bid and approve contract with Pavement Recycling System, Inc. (not to
exceed $322,000), for the annual contract to provide cold planing services.
mm. Accept bid and approve contract with Burtch Construction (not to exceed
$846,000), for the annual contract to provide and apply asphalt rejuvenator and
sealant,
nn. Accept proposal and approve annual contract with Protection Force Private
Security, Inc. (not to exceed $50,000), to provide park security services.
Miscellaneous:
(Ward 1,6) oo. Appropriate $450,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant
No. 2 $125,000 and No. 3 $325,000) to the Public Works Department's Operating
Budget for funding additional electrical costs at both plants.
pp. Appropriate $310,349 Federal Grant funds from the USDA Forest Service and the
USDI Bureau of Land Management to the Fire Department Operating Budget within
the General Fund for reimbursement of personnel costs on statewide master mutual
aid assignments.
aa. Budget and Finance Committee Report regarding FY 13/14 Community
Development Block Grant (CDBG - $3,208,247), HOME Investment Partnership
(HOME - $1,109,525), and Emergency Solutions Grant (HESG - $260,531) Annual
Action Plan submittal (Total $4,578,303). (Budget & Finance Committee recommends
acceptance of the report, and authorize the City Manager to execute all necessary HUD
documents required to submit the Annual Action Plan.)
Successor Agency Business:
rr. Receive and file successor agency payments from March 7, 2014, to April 3,
2014, in the amount of $2,675,530.22,
Staff recommends adoption of Consent Calendar Items 8a. through 8.rr.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
(ward 4) a. Public Hearing to consider General Plan Amendment No, 13 -0388; Western
Properties, representing Karl L, & Barbara Grimm (property owners), has applied for a
general plan amendment to the Circulation Element - circulation map and Western
Rosedale Specific Plan - trails map, located along Reina Road, generally between
Renfro Road and Santa Fe Way,
1. Resolution approving the general plan amendment to the Circulation Element
and Western Rosedale Specific Plan Multi -Use Trails Map to relocate a
collector and trails alignment, as shown on the attached map. A finding that
the project is exempt from the California Environmental Quality Act is also
considered.
Staff recommends adoption of Resolution.
City Council Meeting of 04/16/2014
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respectfully submitted,
,� , � e ��
19- Alan Tandy
City Manager
04111114 9:06am
City Council Meeting of 04/16/2014
AGENDA HIGHLIGHTS
April 16, 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 commerts 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 one matter of potential litigation and three
matters of existing litigation.
REGULAR MEETING - 5:15 P.M.
APPOINTMENTS
There will be one appointment to the Historic Preservation Commission and one appointment to the
Planning Commission.
Item See. Amendment to Agreement with the Bakersfield Homeless Center to continue the Freeway
Litter Removal Program. This item requests Council approval for an amendment to renew the
agreement with the Bakersfield Homeless Center for litter pick up on freeways. The original
agreement approved on May 1, 2013 included four one -year renewable terms. As the original term
ends on April 30, 2014, staff is recommending a renewal to extend through June 30, 2015, to coincide
with the City's fiscal year. The proposed amount of the amendment is $129,040, which includes a
minor hourly rate adjustment, as explained in the administrative report. The first year of our Freeway
Litter Removal program has been very successful; we are very appreciative of the financial support
from Caltrans, KernCOG, and the community donations, and our partnership with the Bakersfield
Homeless Center.
Item 8qq. HUD Action Plan for FY 2014/15. The total funding available for FY 2014/15 is $4,578,303
which includes $3,208,247 in CDBG funding, $1,109,525 of HOME funds, and $260,531 in HESG funds.
This year's plan focuses on needed street, curb, and sidewalks improvements in Wards 1 and 2, with
$1,458,659 recommended for improvements in two areas: East California Avenue and Lake Street.
Other projects include improvements at Jefferson Park and the MLK Community Center; funding for
the Bakersfield Senior Center, and various housing and homeless programs (as required by HUD). The
Budget and Finance Committee reviewed the proposed FY 2014/15 Action Plan in January, 2014 and
has recommended approval by the City Council.
Approved:
cc: Department Heads
Alan Tandy, City Manager City Manager's File
City Clerk's File
News Media File
A
U
ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Closed Session
ITEM: 3, 0,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: April 3, 2014
APPROVED
DEPARTMENT HEAD��
CITY ATTORNEY
CITY MANAGER �S
SUBJECT: Conference with Legal Counsel — Potential Litigation
Closed session pursuant to Government Code section 54956.9 (d) (2), (e) (3)
In the Matter of the Claim of: Kim D. Knollenberg
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ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V��
DATE: April 1, 2014 CITY ATTORNEY V
CITY MANAGER
SUBJECT: Conference with Legal Counsel — Existing Litigation
Closed session pursuant to Government Code section 54956.9(d) (1)
• Concerned Citizens of Bakersfield v. City of Bakersfield
Kern County Superior Court Case No. S- 1500 -CV- 279933, KCT
• Citizens Against The 24th Street Widening Project v. City of
Bakersfield, et al.
Kern County Superior Court Case No. S- 1500 -CV- 281556, KCT
• Cynthia Soltero v. City of Bakersfield, et al.
USDC Eastern District Case No. 1:1 2-CV-01 791 -LJO-JLT
VG:Isc
S: \COUNCIL \CI Sess\ Admins \13- 14 \4- 16- 14ExistLit.docx
MEETING DATE: April 16, 2014 AGENDA SECTION: Presentations
ITEM: 4, a,
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: March 19, 2014
AP VED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Kathy Vochoska, Donate Life Ambassador,
declaring April 2014 DMV /Donate Life Month,
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: April 16, 2014 AGENDA SECTION: Presentations
ITEM: 4, b
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: March 19, 2014
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a plaque to Pam and Art Carlock, honoring ten years of
service coordinating the Bakersfield Christmas Parade.
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: April 16, 2014 AGENDA SECTION: Presentations
ITEM: lf, C
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
April 1, 2014
APPROVED
DEPARTMENT HEA
CITY ATTORNEY D�
CITY MANAGER l�
Presentation by Mayor Hall of a Certificate of Appreciation to Bakersfield Police Department
Reserve Officer Doug Weybright for thirty years of service.
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: April 16, 2014 AGENDA SECTION: Presentations
ITEM: #
TO: Honorable City Council
FROM: Mayor Harvey L. Hall
DATE: April 7, 2014
APPROVED
Y4g
DEPARTMENT HEAD �#
CITY ATTORNEY
CITY MANAGER �s
SUBJECT: Presentation by Mayor Hall of the Distinguished Budget Presentation Award
from the Government Finance Officers Association to Assistant to the City
Manager Chris Huot for the City's Annual Budget for the Fiscal Year
Beginning July 1, 2013.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
CALIF p.�
MEETING DATE: April 16, 2014 AGENDA SECTION: Appointments
ITEM: %.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
April 3, 2014
APPROVED
DEPARTMENT HEAD 4%
CITY ATTORNEY
CITY MANAGER
One appointment to the Historic Preservation Commission due to the expiration of
term of Cynthia Icardo, whose term expired March 30, 2014.
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND: There is one appointment to the Historic Preservation Commission due to
the expiration of term of Cynthia Icardo, whose term expired March 30, 2014. The news release
for this recruitment was posted February 3, 2014.
One application for appointment was received from Brady Bernhart.
Nominations to this Commission are made by the full Council.
The Historic Preservation Commission is an advisory body to the City Council, and is composed
of five members. Members must be residents of the City of Bakersfield, but not a specific Ward,
throughout their three -year term.
The Commission reviews applications for Cultural Resource designations and applications for
Historic Districts, in addition to applications which may be referred by the Planning Commission,
Board of'Zoning Adjustment or the City Council. The Commission presides and conducts public
hearings on designation applications, and makes recommendations to the City Council.
Meetings are held on the third Tuesday of each month at 4:00 p.m., as needed.
RG:jd
April 3, 2014 5:08 PM
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MEETING DATE: April 16, 2014 AGENDA SECTION: Appointments
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
April 4, 2014
APPROVED
DEPARTMENT HEAD r
CITY ATTORNEY J
CITY MANAGER S
One Appointment to the Planning Commission due to the expiration of term of
Elliott Kirschenmann (Ward 2), whose term expires April 30, 2014.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND: There is one appointment to the Planning Commission due to the expiration
of term of Elliott Kirschenmann (Ward 2), whose term expires April 30, 2014. .
Applications for appointment were received from the following:
Ward 2
• Elliott Kirshenmann
• Bryan Williams
• Michael Fitzgerald
• Jesus Barron
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of
nomination. In accordance with this ordinance, the appointment shall be made by the
Councilmember of Ward 2.
The Planning Commission is an advisory body to the City Council. It is composed of seven (7)
regular members, nominated by the Councilmember of the ward which corresponds with the
commission vacancy. Additionally, Planning Commission members must be residents of the City
throughout their four -year terms, but not of a specific ward of the nominating Councilmember.
Commission duties are to maintain and interpret the City's General Plan and recommend
methods of implementation; maintain the City's zoning ordinance and make recommendations
for improvement; review the City's Capital Improvement Plan for consistency with the General
Plan; review and approve subdivisions and parcel maps; and conduct hearings on all of the
above items and on any appeals of site plan review.
RG:jd
April 4, 2014, 10:43AM
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Ward 2- April 2014.docx
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ADMINISTRATIVE REPORT
MEETING DATE: April 4, 2014 AGENDA SECTION: Consent Calendar
ITEM: S. Q
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD T
DATE: April 16, 2014 CITY ATTORNEY
CITY MANAGER_
SUBJECT: Approval of Minutes of the March 19, 2014, Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
i
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD�,�j/
DATE: April 3, 2014 CITY ATTORNEY
CITY MANAGER ,PS
SUBJECT: Receive and file department payments from March 7, 2014 to
April 3, 2014 in the amount of $33,014,295.92, Self Insurance payments
from March 7, 2014 to April 3, 2014 in the amount of $549,768.65,
totaling $33,564,064.57
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
April 3, 2014, 1:47PM
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ADMINISTRATIVE REPORT
10
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: 19 . C ,
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: March 7, 2014 CITY ATTORNEY
CITY MANAGER �S
SUBJECT: First reading of ordinance updating previously adopted Ordinance No. 4511 that
changed the zone district from C -2 to C -2 /PCD (ZC 07 -2098) on approximately
47.65 acres for the Riverwalk Commercial Center located along the north side of
Stockdale Highway between Calloway Drive and Buena Vista Road. A previously
certified Environmental Impact Report applies to this project, (ZC No. 14 -0061 —
McIntosh & Associates, representing Castle & Cooke Commercial -CA) (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
The applicant proposed this zone change to modify two conditions of approval for the
Riverwalk Commercial Center located along the north side of Stockdale Highway between
Calloway Drive and Buena Vista Road. This project has an approved Planned Development
(PD) plan that contains conditions and mitigation measures. However, those same conditions
are also within existing Ordinance No. 4511 that approved the current C -2 /PCD zone. With
approval by the Planning Commission of new PD plan conditions on March 6, 2014, an updated
ordinance without conditions is necessary for consistency and removes redundancy.
The applicant proposed to expand the type of general retail uses within the easterly 1,200 -foot
portion of the center. This area is currently restricted to limited retail (furniture store) and service -
oriented uses (sit -down restaurants and fitness club). The expansion of uses is intended to
improve the marketability of this area and the applicant has agreed to keep restrictions related
to hours of operation, prohibited uses, prohibition of outside storage and /or sales displays in
place, and to contain all business activities within a building. The proposed changes are listed
below in italics and underlined:
Condition No. 2: The easterly 1,200 feet of the project site, as measured from the centerline of
Calloway Drive, shall be restricted to the following uses:
a. Office development
b. Hotel /motel
C. €WFai# F8 St ere General retail as conditioned in this exhibit (Exhibit A),
provided all store activities are contained inside a building_
d. Fitness center
e. Dinner or family sit -down restaurant (no fast food with drive -thru)
ADMINISTRATIVE REPORT
Condition No. 7: Fitness Centers and General Retail:
a. Any fitness center or general retail use within the easterly 1,200 feet of
the project site shall not operate between the hours of 12:00 am to 5 am
seven days a week.
In 2008, the Planning Commission approved a request to modify conditions of approval for the
center to increase the allowable size of an individual tenant to 140,000 square feet, which
subsequently allowed construction of the existing Target store. Since all actions at that time
affecting the center automatically came before the City Council, Councilmembers asked if
there was a way to allow Planning Commission approval only in the future with the Council
hearing appeals if issues could not be resolved. As a result, the developer agreed to add a
PCD overlay to the existing C -2 zone for the entire 48 -acre site.
Because the project would be developed in phases, the PCD overlay would ensure that any
significant plan changes undergo a more thorough public review by the Planning Commission.
The City Council approved those changes on May 21, 2008 with Ordinance No. 4511. However,
the conditions of approval were inadvertently left within the ordinance, which still requires
Council approval to modify. This was not the intent of placing the PCD overlay over the center.
This is proposed to be corrected through the adoption of this ordinance which removes all
conditions previously attached to the zoning of the site. The new ordinance does not change
the project since all the conditions of approval are contained within and enforced through the
most recently approved PD plan.
The Planning Commission conducted a public hearing on this Zone Change on March 6, 2014
and unanimously recommended approval to the City Council. Other than the applicant in
support of the request, no individuals spoke or provided written comments either in support or
opposition of the request. The Commission found that since all other restrictions concerning
hours of operation, prohibited uses, and outdoor storage /sales displays will remain in place, and
since the nearest residential property is approximately 240 feet to the south separated by
Stockdale Highway, a six -foot high masonry block wall and the River Canal, they concluded
that expanding the types of retail uses would give additional flexibility for the developer to
attract appropriate tenants into the 1,200 -foot easterly area of the center. As conditioned, new
development would be compatible with nearby residential properties. No appeals were filed
concerning the revised PD plan conditions.
The Riverwalk Commercial Center Environmental Impact Report (EIR) was prepared for this
project in accordance with the California Environmental Quality Act (CEQA). The EIR was
certified on August 22, 2001. Based upon an initial environmental assessment, staff has
determined the proposed project will not significantly affect the environment. Pursuant to
CEQA Guidelines Section 15162, the EIR certified for this project is adequate and no further
environmental documentation is necessary because no substantial changes to the original
project are proposed; there are no substantial changes in circumstances under which the
project will be undertaken; and no new environmental impacts have been identified. The
project will not significantly impact the physical environment because mitigation measures
relating to biological resources, traffic and circulation, noise, air quality, cultural resources, and
aesthetics have been incorporated into the project.
DL: S: \GPAs \GPA 2nd 2014\ 14-0061 \Admin SR \CC ZC 14- 0061.doc
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: 9. d
TO: Honorable Mayor and City Council
APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
P �;-
DATE: March 28, 2014 CITY ATTORNEY
Ve
CITY MANAGER
�W
SUBJECT: Adoption of Ordinance Enacting Chapter 9.32 of the Bakersfield Municipal Code
relating to Aggressive Panhandling /Solicitation.
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The Legislative and Litigation Committee discussed the issue of panhandling, referred by
Councilman Terry Maxwell. After viewing a presentation covering 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 was
considered.
The matter was heard on March 19, 2014 under deferred business and the City Attorney
explained 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. The Council
unanimously voted to bring the ordinance back for adoption at the April 16, 2014 City Council
meeting.
VG /TG:Isc
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BAK
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f
MEETING DATE: April 16, 2014 I AGENDA SECTION: Consent Calendar
ITEM: 1. e
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: March 24, 2014 CITY ATTORNEY
CITY MANAGER &
SUBJECT: A Resolution Authorizing the City Of Bakersfield to Enter into a reciprocal
agreement with the Franchise Tax Board to exchange information regarding the
operation of businesses within the City of Bakersfield.
RECOMMENDATION: Staff recommends approval of resolution.
Background: Chapter 5.02 of the City of Bakersfield ( "City ") Municipal Code requires businesses
operating in the City to obtain a business tax certificate, also referred to as a business license.
The Franchise Tax Board offers a reciprocal program whereby an exchange of tax data specific
to City business license information for tax administration purposes is provided.
The information provided from the Franchise Tax Board will enable the City to ensure sales tax
revenue has been appropriately credited to City accounts and business license fees have been
collected appropriately.
Staff recommends approval of the Resolution authorizing the City of Bakersfield to enter into a
reciprocal agreement with the Franchise Tax Board.
fto
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Acting Public Works Director
March 30, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER__
Resolution of the City of Bakersfield supporting re- designation of the Kern
County /Lancaster recycling market development zone. (All Wards)
RECOMMENDATION: Staff recommends approval of the Resolution.
BACKGROUND: The California Integrated Waste Management Act of 1989 established a
statewide Recycling Market Development Zone (RMDZ) Program under Public Resources Code
Section 42010. The purpose of the RMDZ Program was to stimulate the recycling of post -
consumer waste materials in California, through the efforts of local jurisdictions assisting
manufacturers. Over 40 RMDZs have been established throughout California, including the Kern
County /Lancaster recycling market development zone, which includes all of unincorporated
Kern County as well as the cities of Bakersfield, Ridgecrest, Shafter, Taft, Tehachapi, Wasco, and
the City of Lancaster in Los Angeles County.
This RMDZ was established in 1994 and re- designated in 2003. Pursuant to Title 14, Section 17901(j)
of the California Code of Regulations, RMDZ Program designations must be re- designated every
ten years to remain active. On January 28, 2014, the Kern County Board of Supervisors adopted
a resolution authorizing the re- designation of the Kern County /Lancaster RMDZ. A resolution from
each city supporting the re- designation is required to complete the process. The attached
resolution affirms Bakersfield's support for the re- designation.
Staff recommends approval of the Resolution.
If
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f° ADMINISTRATIVE REPORT
C' It
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEADagt�
DATE: March 28, 2014
CITY ATTORNEY
CITY MANAGER -&
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and authorizing collection of the
assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on March 10, 2014, by the City Manager designee and all
proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to
comply with the notices to abate such public nuisance. After a hearing duly noticed and. held
before the Building Director, the Director issued orders requiring the property owner to abate the
public nuisance. The subject properties are listed as follows:
PROPERTY LOCATION APN COST
Ward 1
1.
4501 Alexander Street
171 - 230 -37
$
300.00
2.
141 Augusta Street
018- 240 -13
$
975.00
3.
147 Clifton Street
018- 400 -26
$
690.00
4.
5101 Gaylene Avenue
412- 202 -13
$
105.00
5.
1520 Ivan Avenue
025 - 121 -01
$
105.00
6.
821 Karma Court
171 - 223 -13
$
889.00
7.
321 Ohio Drive
169 - 070 -08
$
300.00
8.
412 Ohio Drive
169- 070 -14
$
300.00
April 3, 2014, 8:09AM /kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 1
9. 409 S. Owens Street
10. 1416 Richland Street
11. 1 123 6t" Street
12. 806 E. 11 t" Street
Ward 2
13.
4204 Hillsborough Drive
14.
1420 Kentucky Street
15.
1 1 18 Lake Street
16.
1300 Monterey Street
17.
705 31 St Street
Ward 3
18. 6209 Cliffwood Court
19. 8304 Waterfield Drive
Ward 4
20. 705 Hidalgo Drive
Ward 5
21. 8817 Worrell Court
Ward 6
22. 6508 Vancouver Drive
23. 7801 Walnut Grove Court
Ward 7
24. 3401 Harris Road
25. 1502 Lucerne Drive
26. 1805 William F Halsey Avenue
APN COST
018 - 112 -31 $ 105.00
011 - 102 -14 $ 300.00
009 - 440 -11 $ 300.00
139 - 022 -04 $ 685.00
020 - 482 -12
$
1,275.00
015- 420 -08
$
700.00
015- 340 -12
$
300.00
015- 250 -14
$
105.00
002 - 081 -05
$
105.00
439 - 121 -21 $ 835.00
494 - 323 -05 $ 850.00
522 - 230 -02 $ 300.00
392 - 163 -33 $ 725.00
385 - 031 -10 $ 105.00
498 - 041 -11 $ 300.00
371- 412 -01 $ 105.00
517- 441 -08 $ 300.00
372 - 292 -11 $ 105.00
The owners of the above - mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with, the above - mentioned properties.
April 3, 2014, 8:09AM /kd
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ADMINISTRATIVE REPORT
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
April 3, 2014, 8:09AM /kd
S: \Dana\ADMINS\2014\APRIL \4 -16- Property A¢atement.doex
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: March 31, 2014
SUBJECT: Disposal of Real Property
APPROVED
DEPARTMENT HEAD /V!
CITY ATTORNEY
CITY MANAGER /w
1. Resolution declaring real property surplus to the needs of the City and authorizing
the Finance Director to negotiate its sale for the property located at the Northeast
Corner of Kern Street and East 21 st Streets;
2. Agreement with Rodney Wade Crawford and Julie Anne Crawford to purchase
said property for $99,000.00. (Ward 2)
RECOMMENDATION:
Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
In 1956 the City of Bakersfield acquired the property located at the Northeast corner of Kern
Street and East 210 Street. The property is currently a lighted parking lot that the City maintains.
The lot is located directly adjacent to Narducci's Caf6 and provides Narducci's Caf6 their only
off - street parking. In May of 2012, the Crawfords who are co- owners of Narducci's contacted
the City about purchasing the property to provide long term parking for Narducci's. The
property was then appraised by Michael Burger, MAI, R /W -AC to establish its fair market value.
He determined the property's fair market value to be $99,000.00.
The Crawford's have offered to pay the full appraised value of $99,000.00 with 20% down and
the City carrying a note and Deed of Trust secured against the property at 5% interest for a term
of 7 years. Monthly payments will be $1,120.00. The proposed terms were reviewed are
recommended for approval by the City's Finance Director.
The City would benefit from the sale by reducing our liabilities for incidents that might occur in
the parking lot and the City would also save the ongoing cost of maintaining the parking lot.
C:\ Users \rwilliams\ Desktop \contracts \ParkingLotadmin.docx
3/31/2014
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MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: April 2, 2014
SUBJECT: Disposal of Real Property
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER S
1. Resolution declaring real property surplus to the needs of the City and authorizing
the Finance Director to negotiate its sale of the property located along the north
side of State Route 178 at the T- intersection of Height Street and Sunny Lane;
2. Agreement with Caltrans to purchase a portion of said property for $500.00.
(Ward 3)
RECOMMENDATION:
Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
Caltrans is proposing to replace the existing pedestrian overcrossing (POC) on 178 at Sunny
Lane with an American Disabilities Act (ADA) compliant cast -in -place reinforced concrete box
girder POC including switchback entrance /exit ramps overcrossing. The City owns a small strip
of property along the north side of State Route 178 at the T- intersection of Height Street and
Sunny Lane. A portion of this property is within the scope of the project and is needed for its
construction.
Caltrans has made a written offer to the City to acquire the fee simple interest in the portion of
the property that is needed for the project along with a temporary construction easement for
$500.00.
Public Works has reviewed the plans provided by Caltrans and are satisfied with all aspects of
the project.
The surrounding community would benefit with little to no impact to the City by accepting this
agreement.
C:\ Users \rwilliams\ Desktop\ contracts \sunny_heightadmin.docx
3/31/2014
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MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: 17.j.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: April 4, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEYY- -
CITY MANAGER
SUBJECT: Resolution determining that a Simflo pump and motor for Wastewater Treatment
Plant 2 cannot be reasonably obtained through the usual bidding procedures
and authorizing the Finance Director to dispense with bidding, not to exceed the
budgeted amount of $104,000. (Ward 1)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The existing Simflo pumps at the Wastewater Treatment Plant 2 recirculation
station were installed in 1998. Their efficiency has declined which utilizes more energy and the
recirculation station cannot recycle enough wastewater onto the trickling filter to ensure
proper treatment. A new pump and motor will rehabilitate the recirculation station, bringing it
to a performance level that retains compliance with state discharge requirements and will
result in energy cost savings. Simflo Pumps, Incorporated are the only manufacturers of
replacement pumps and motors to fully integrate into the City's existing recirculation station.
Staff recommends adoption of the Resolution to dispense with bidding for the purchase of a
Simflo pump and motor from Simflo Pumps, Incorporated, not to exceed the budgeted
amount of $104,000. Funds for the purchase are in the 2013 -2014 adopted budget within the
Wastewater Enterprise Fund.
Purchasing Division
S:\PURCHWDMINWdmin 13- 14\Simflo Pump and Motor Sole Source Resolution, April 16, 2014.docx
April 7, 2014, 9:32AM
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: 8.
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director
DEPARTMENT HEAD �!i —
DATE: April 10, 2014
CITY ATTORNEY p�
CITY MANAGER /&
SUBJECT: Resolution determining that an updated set of Creekview Villas engineering
construction documents cannot be reasonably obtained through the usual
bidding procedures and authorize the Finance Director to dispense with bidding
thereof and request Knitter and Associates Architecture and Planning to
perform such work. (Ward 2):
1. Appropriate $25,000 Housing Successor Agency Capital Improvement
Budget for design engineering consultant costs associated with the
construction of Creekview Villas Phase II.
RECOMMENDATION:
Staff recommends adoption of Resolution and approval of appropriation
BACKGROUND:
In October 2011, Creekview Villas LLC, completed construction of the first 14 units of the
Creekview Villas condominium project located at 1300 "R" Street, north of California Avenue.
Then, in December 2012, the City of Bakersfield (as the Successor Agency to the dissolved
Bakersfield Redevelopment Agency) took possession of the property (in lieu of foreclosure)
from Creekview Villas, LLC after that entity experienced financial difficulties that prevented
them from completing the 22 remaining planned units. 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.
All of the first 14 units have now been brought under contract for sale. The City is now making
preparations for the construction of the 22 remaining units, anticipated to be built and sold in
three phases of seven, seven, and eight units. In general, the proceeds from the sale of each
phase will be used to finance the construction of the following phase.
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ADMINISTRATIVE REPORT
Page 2
One of the initial steps in the construction of the additional phases is to update the previously -
prepared construction drawings for the project to reflect recent changes in the Building Code
and to make the plans ready to bid out. The original plans were prepared by the firm of
Knitter and Associates Architecture and Planning ( "KAAP "). While these plans were prepared
under contract with the original developer, the City took ownership of the plans when it took
ownership of the property.
The second request is an appropriation of $25,000 from the estimated Housing Successor
Agency proceeds from the sale of the units to be utilized for the cost of the architectural
services. Appropriations for construction of the remaining units are anticipated to be included
in the 2014 -15 City budget, but it is anticipated that work on updating the construction plans
can be started prior to the beginning of the new fiscal year on July 1, 2014. Staff is desirous to
keep progress advancing in this regard as expediently as possible and therefore is requesting
this appropriation in advance of the new fiscal year budget.
JHR /vl
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ADMINISTRATIVE REPORT
LIFO
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g. 1.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Acting Public Works Director
DATE: March 25, 2014
SUBJECT: Sewer connection fee assessment (Ward 7):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Resolution confirming assessments for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector.
2. Agreement with Roberto Alvarez, 5001 Centaur Street, to pay sewer
connection fee in installments through the Kern County Tax Collector. A
notice of special assessment lien will be placed on the property.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement.
BACKGROUND: The owner of the property shown above desires to connect said property
to the City sewer system. The property owner claims that to pay the sewer connection fee in
one payment would produce an economic hardship. To assist in paying the connection fee,
the City has contracted with the property owner to apportion the connection fee over an
eight year period to be collected with their property taxes in accordance with Municipal
Code Sections 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4648, dated August 18,
2011, authorizes the Kern County Tax Collector to collect the connection fee in eight equal
payments over the next eight years.
mm
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March 31, 2014, 9:20AM
A
ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Acting Public Works Director
DATE: March 25, 2014
SUBJECT: Sewer connection fee assessment (Ward 6):
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
1. Resolution confirming assessments for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector,
2. Agreement with Pedro Ayala, 3810 Wilson Road, to pay sewer connection
fee in installments through the Kern County Tax Collector. A notice of
special assessment lien will be placed on the property.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement
BACKGROUND: The owner of the property shown above desires to connect said property
to the City sewer system. The property owner claims that to pay the sewer connection fee in
one payment would produce an economic hardship. To assist in paying the connection fee,
the City has contracted with the property owner to apportion the connection fee over an
eight year period to be collected with their property taxes in accordance with Municipal
Code Sections 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4648, dated August 18,
2011, authorizes the Kern County Tax Collector to collect the connection fee in eight equal
payments over the next eight years.
MM
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ApdI 3, 2014, 3:29PM
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: n.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 14, 2014
APPROVED
DEPARTMENT HEAD
er
CITY ATTORNEY AA
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 Leonel Perez and Lillian R. Perez, trustees of the Perez Living
Trust, 125 N. Mc Donald Way, 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 owners of the property at 125 N. Mc Donald Way 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 owners 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.
mmm
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March 18, 2014, 12:11 PM
A
ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: f. p,
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD
DATE: March 24, 2014 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Resolutions to add the following territories to the Consolidated Maintenance District
and approving, confirming, and adopting the Public Works Director's Report for
each.
1, Area 1 -98 (2925 Mosasco Street) - Ward 4
2. Area 1 -99 (Tract 7217 - NWC of Olive Drive and Renfro Road) - Ward 4
3. Area 2 -56 (2626 Ming Avenue) - Ward 7
RECOMMENDATION: Staff recommends adopting the Resolutions.
BACKGROUND: On March 5, 2014 the Council adopted Resolutions of Intention No. 1775, 1776,
and 1777 respectively, adding the above territories to the Consolidated Maintenance District as
required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance
District will provide for the maintenance of parks and /or street landscaping. The areas will be
under park and /or streetscape zones of benefit and will be assigned the appropriate tier levels
when parks and /or street landscaping have been installed.
The addition of these territories to the Consolidated Maintenance District is not prohibited by
Proposition 218,
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
Ps
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ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD
DATE: March 31, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolutions of Intention (ROI) to add the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the Public
Works Director's Report for each.
1. ROI # 1781 to add Area 1 -100 (Tentative Tract 7218 - SEC of Olive Drive and Rudd
Avenue) - Ward 4
2. ROI # 1782 to add Area 1 -101 (NEC of Reina Road and Santa Fe Way) - Ward 4
3. ROI # 1783 to add Area 1 -102 (2620 Mosasco Street) - Ward 4
4. ROI # 1784 to add Area 2 -57 (SWC of Ming Avenue and Renfro Road) - Ward 5
5. ROI # 1785 to add Area 2 -58 (McNair Lane / Ride Street NW) - Ward 6
6. ROI # 1786 to add Area 3 -91 (Compagnoni Street / Taff Hwy SW) - Ward 7
7. ROI # 1787 to add Area 4 -119 (5645 Auburn Street) - Ward 3
RECOMMENDATION: Staff recommends adopting the Resolutions of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of
the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. This area will be under the park and streetscape
zones of benefit and will be assigned appropriate tier levels when a park has been constructed and
street landscaping has been installed.
Staff is recommending the new territories be added to the Consolidated Maintenance District at the
next City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the properties described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows
the City to expedite the maintenance district process to satisfy the subdivision requirement. The
owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of l6nd in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling
unit, a covenant has been drafted and will be recorded with the Kern County Assessor- Recorder's
Office upon approval of this Resolution.
ps
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ADMINISTRATIVE REPORT
10
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: Q.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Acting Public Works Director
DATE: April 2, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1778 to order the vacation of the alley within the 300
block of E. 19th Street and E. 20th Street between Sonora Street and Inyo Street
(Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution of Intention.
BACKGROUND: The property owner, Berchtold Equipment Co. is requesting the vacation of the
alley within the 300 block of E. 19th Street and E. 201h Street between Sonora Street and Inyo Street
because they transfer large equipment from one yard across the alley to the other. They are
concerned that it poses a safety hazard to both pedestrian and vehicular traffic.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of the
date of this report. Public Works notes that there is no City sewer or storm drain facilities in the
vacating area.
The utility companies serving the area have been notified by mail. Utilities are located in the alley
to be vacated; therefore, a 20 -foot Public Utility Easement will be reserved.
Preliminary notices were also mailed to all adjacent property owners within a 300 -foot radius of
the proposed vacating area. Public Works has received no objections from these owners as of
the date of this report.
The proposed vacation was approved by the Planning Department on February 25, 2014 per
local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General
Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the environment.
This Resolution of Intention sets the Public Hearing date for the regular Council meeting of May 7,
2014.
to
G: \GROUPDAT \ADMINRPT\2014 \04 -16 \300 block of 19th ROI 1778 Admin Report.doc
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g.
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD—Lj��
DATE: March 18, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1779 to establish the revised drainage plan for the
Pioneer Planned Drainage Area and preliminarily approving the revised cost, fee
schedule, and boundaries of the area. (Ward 3)
RECOMMENDATION: Staff recommends approval of Resolution of Intention
BACKGROUND: Council adopted the Pioneer Planned Drainage Area (PDA) on July 19, 1981. This
PDA is currently part of Ordinance Section 16.32.060 of the Bakersfield Municipal Code relating to
Drainage Facilities. Rapid development in the area has necessitated a need to update both the
PDA study and applicable fees.
Staff completed an updated master drainage study for this PDA, which includes an area
generally bounded by Morning Drive on the east, a Southern California Edison easement on the
west, Highland Knolls Drive on the north, and Niles Street to the south. As part of this study, the
City preliminarily designed the "backbone" storm drain system, which consists of a pipeline and
multiple drainage basins that will drain water to a central basin to serve this area. The City has
also prepared an updated cost estimate for this system's construction. Future developments in
this area would pay their proportionate share of the project's cost. The PDA fees collected as
new and existing parcels develop within the project area will be used either to construct the
remainder of the system or to reimburse any developer that builds a portion of the system. The
costs of the improvements have been apportioned on a per acreage basis.
This Resolution of Intention preliminarily approves the revised boundaries of the area, the revised
cost of the improvements, and the revised assessment fee schedule.
The Public Works Department has notified by mail both the property owners within the revised
boundaries of the PDA as well as property owners within 300 feet of the PDA's revised boundaries
of the proposed revisions.
This Resolution of Intention sets the hearing date for May 7, 2014.
Ps
G: \GROUPDAT \ADMINRPT\2014 \04 -16 \Revised Pioneer PDA ROI Admin - revised.docx
OFBAKg
Hcoxvoe, e �i$'�
ADMINISTRATIVE REPORT
q�1F0
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: 8. S.
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: April 3, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement between the City of Bakersfield, County of Kern and Bakersfield
Association of Retarded Citizens (BARC) for $280,000 of Community Development
Block Grant funds to expand the Material Recovery Facility at 2240 South Union
Avenue. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The purpose of the project is to increase the availability /accessibility of economic opportunities
for individuals with low /moderate incomes through job training and creation. BARC currently
provides a variety of services for more than 550 adults and 140 at -risk young children who have
developmental disabilities at their industrial campus located at 2240 South Union Avenue. The
project will increase those services through the expansion of the Material Recovery Facility which
provides job- training opportunities to individuals who are unemployed, underemployed or
developmentally disabled. It is anticipated that a minimum of 17 new jobs will be created as a
result of this project. The project will consists of acquisition and installation of fixtures necessary to
expand the processing capacity of the material recovery facility. Project improvements will be
combined and made part of the existing facilities, equipment, and operational procedures
currently in use to sort and process recyclable materials. The new equipment will increase
materials handling from 16.67 tons per day to 26.67 tons per day.
The City Council approved the FY 2012 -13 City of Bakersfield Action Plan in May 2012, which
allocated $280,000 in Community Development Block Grant (CDBG) funds for the Bakersfield
Association of Retarded Citizens (BARC) Material Recovery Facility expansion. In addition to the
City's CDBG contribution, the County of Kern will also be contributing $273,950 in CDBG funds
and are a legal party to this contract. BARC is also contributing $70,650. Total estimated cost of
this project is $ 624,600.
DS
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4/3/2014 10:20 AM
ADMINISTRATIVE REPORT
Page 2
The City's CDBG grant funds will be secured by a Deed of Trust on the property for a term of no
less than five years. After five years of successful operation of the facility and compliance with
the conditions of the project agreement, the City will reconvey title back to BARC.
S: \Dana\ADMINS\2014\APRIL \4 -16 -BARC Agreement.doc
4/3/201410:20 AM
A
ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Acting Public Works Director
March 28, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Approval of Final Map and Improvement Agreement
Final Map and Improvement Agreement with D.R. Horton VEN, Inc., a
California Corporation, for Tract 6243, Unit 2, located at the intersection of
Donaldo Street and Via Napoli Drive (Ward 3)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENT
IS FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
mmm
March 28, 2014, 9:37AM
G:\GROUPDAT\ADMINRPT \2014 \04- 16 \T6243 -2 Map and IM AGR.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: . U
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Acting Public Works Director
March 28, 2014
APPROVED
DEPARTMENT HEAD-6;=::-_
CITY ATTORNEY
AA-
CITY MANAGER &
Approval of Final Map and Improvement Agreement
Final Map and Improvement Agreement with Castle & Cooke California, Inc.,
a California Corporation, for Tract 6250, Unit 20, located west of Jewetta
Avenue and north of Stockdale Highway (Ward 4)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENT
IS FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
mmm
March 28, 2014, 9:24AM
G: \GROUPDATWDMINRPT \2014\04- 16\T6250 -20 Map and IM AGR.doc
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: March 14, 2014
SUBJECT: Improvement Agreement (ONLY):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
Improvement Agreement with D.R. Horton VEN Inc., DBA D.R. Horton
America's Builder, a corporation authorized to do business in California, for
Tract 6448 Phase 7 located south of Stockdale Highway and west of Renfro
Road. (Ward 4)
RECOMMENDATION: Staff recommends approval of improvement agreement.
BACKGROUND: Tract map 6448 Phase 7 was recorded by Castle & Cooke on January 28,
2014 and later sold to D.R. Horton VEN Inc. The new Improvement Agreement will replace
existing Improvement Agreement No. 14 -013. This Agreement is entered into to secure the
improvements required for the Subdivision Map. Such improvements include, but are not
limited to streets, sewer, walls, and storm drain on or adjacent to the property being
subdivided.
NOTE: THE IMPROVEMENT AGREEMENT
IS FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
MM
March 18, 2014, 12:22PM
G: \GROUPDAT\ADMINRPT \2014 \04- 16 \T6448 -7 IM AGR.doc
A
4
ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: I
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Acting Public Works Director
March 28, 2014
APPROVED
DEPARTMENT HEAD_
CITY ATTORNEY
CITY MANAGER
Approval of Final Map and Improvement Agreement
Final. Map and Improvement Agreement with Castle & Cooke California, Inc.,
a California Corporation, for Tract 6448, Unit 10, located south of Stockdale
Highway and west of S. Renfro Road (Ward 4)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENT
IS FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
mmm
March 28, 2014, 9:23AM
G: \GROUPDAT\ADMINRPT \2014 \04- 16\T6448 -10 Map and IM AGR.doc
A4
ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: April 1, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Curtis Charles Vorhees and Rebekah Rae Vorhees to purchase
real property located at 2400 Myrtle Street for $205,000 for the 241h Street
Widening Project. (TRIP Program - Ward 2)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of
Bakersfield is acquiring properties to widen 24th Street. The project will construct an additional
travel lane in each direction, and curb, gutter, sidewalks and additional landscaping along the
residential portion of the project.
Property acquisition for the required right of way to construct the 24th Street widening project is
part of the TRIP program and is included in the grant funding for this project. The City will be
responsible for approximately 11.47% of the project cost, including right of way, and will be
reimbursed the remaining 88.53% by the State and Federal Highway Administration.
All parties displaced by the TRIP projects will be provided all applicable relocation benefits
pursuant to the requirements set forth in the Uniform Act. These benefits may include a
purchase price differential payment, a mortgage differential payment, and the actual,
reasonable and necessary costs to relocate their personal and /or business property. Every
property is unique and the benefits will reflect their individual circumstances.
The property being purchased is a single family residence comprising 1,901 square feet that
was constructed in 1954 and remodeled in 2001. The purchase price of $205,000 is the
property's fair market value as established by an appraisal prepared by Gary Crabtree, SRA of
Affiliated Appraisers, an independent appraisal company. In addition to the purchase price,
the City will be paying for relocation assistance in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act
provides important protections and assistance for people affected by Federally funded
projects.
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 Review (65402) and found this
acquisition consistent with the Metropolitan Bakersfield 2010 General Plan.
Admin - Purchase Agmt - Vorhees.2
4/1/2014
DMA
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: $ . V.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD Al ;
DATE: March 27, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Metal World Inc. to purchase real property located at 5303
Rosedale Highway for $86,000 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 5303 Rosedale Highway. The approximately 17,370 square feet of real
property being acquired and the 2,981 square feet of temporary construction easement area
are presently improved as an oilfield pipe facility with rail spur. The purchase price of $86,000 is
based on an appraisal prepared by Dallis Higdon and Associates, an independent appraisal
company, and negotiations with the business. The purchase price includes the real property,
existing improvements, relocation of the business signs, relocation of driveway /gate, relocation of
pipe from acquisition area, and a temporary construction easement.
A Phase I Environmental Site Assessment report has been prepared encompassing all properties
required for the widening project during the State required Environmental Document process.
The Planning Division completed a 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 - Metal World
3/27/2014
CW
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: ?. Z.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: March 13, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Champlin Family Trust to purchase real property located at 5401
Rosedale Highway for $79,000 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 5401 Rosedale Highway, Best Price Furniture. The approximately 2,295
square feet of real property being acquired and the 625 square feet of temporary construction
easement area are presently improved as a furniture business and business sign with lighting. The
purchase price of $79,000 is based on an appraisal prepared by Dallis Higdon and Associates, an
independent appraisal company, and negotiations with the business. The purchase price
includes the real property, existing improvements, cost to cut back the building and reconstruct
the front of building, relocation of the business signs, 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 - Champlin Trust
3/12/2014
CW
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: r. aa,,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD Ae!<
DATE: March 28, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Mangus Living Trust to purchase real property located at 5455
Rosedale Highway for $630,228 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 5455 Rosedale Highway. The approximately 16,391 square feet of real
property being acquired and the 2,603 square feet of temporary construction easement area
are presently improved with a number of businesses in multiple buildings on the site. The
purchase price of $630,228 is based on an appraisal prepared by Dallis Higdon and Associates,
an independent appraisal company, and negotiations with the owner. The purchase price
includes the real property, existing improvements (including purchase /demolition of small
building to provide required parking spaces removed from front of parcel with widening), lost
rent on small building held vacant prior to demolition, relocation of the business signs, severance
damages, cost to cure items, 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 - Mangus
3/28/2014
CW
BA
ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEADS
DATE: April 1, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Ganjson LLC to purchase real property located at 9629 Rosedale
Highway for $74,100 for the Rosedale Highway Widening Project.
(TRIP Program - Ward 4 (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 9629 Rosedale Highway. The approximately 1,115 square feet of real
property being acquired and the 2,661 square feet of temporary construction easement area
are presently improved with two businesses; a mini market and car lot sales facility on the site.
The purchase price of $74,100 is based on an appraisal prepared by Dallis Higdon and
Associates, an independent appraisal company, and negotiations with the owner. The purchase
price includes the real property, existing improvements, relocation of the business signs, cost to
cure items, severance damages due to loss parking spaces, 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 - Ganjson
4/1/2014
cW
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: C
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Acting Public Works Director
April 3, 2014
APPROVED
DEPARTMENT HEAD %,I�
CITY ATTORNEY
CITY MANAGER__
Approve contract to Colombo Construction Company, Inc. ($239,000.00) for the
Design Phase of providing Design /Build Services for Fire Station 8 Remodel (Ward
3)
RECOMMENDATION: Staff recommends approval of contract.
BACKGROUND: Fire Station #8, located at the southwest corner of Mt Vernon Avenue and
University Avenue, near the Bakersfield College Campus, was built around 1959. The building
layout was designed for an era when only men occupied a fire station and the Americans with
Disabilities Act was not a consideration. The facilities are dated; the roof leaks and has serious
structural issues; the plumbing is plugged, and the wiring is bad. After analysis of the existing
facility, staff recommends to have the building gutted, the roof removed, and a new fire station
built within the exterior walls of the existing structure. The apparatus bay will be retained, but
the roof must be replaced. The structure will be stripped down to the exterior walls and be
rebuilt.
At the July 17, 2013 Council meeting, the City Council approved Resolution No. 089 -13 which
dispensed with bidding under Section 3.20.060 of the Bakersfield Municipal Code relating to
Design /Build services. Public Works staff has completed the design /build procurement process.
The first step of that process involved evaluating the qualifications of the six design /build teams
who responded to the Request for Qualifications (RFQ's) to determine which teams would be
invited to interview with the Selection Committee and submit fee proposals for the project's
design phase. The Selection Committee consisted of City staff from the City Manager's Office,
the Fire Department, the Building Department and the Public Works Department.
Upon review of the submitted RFQ's, staff invited the following three design /build teams to the
interview with the Selection Committee:
• Colombo Construction Company, Inc. with RRM Design Group;
• Erickson -Hall Construction Co. with WLC Architects; and
• S C Anderson, Inc. with Radian Design Group.
Public Works / Design Engineering / ADR
P311 103
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After completing the interviews and review of the submitted fee proposal for the Design Phase
of the project, the Selection Committee found the design /build team of Colombo Construction
Company, Inc. with RRM Design Group to have the combination of qualifications and fee
proposal which is most favorable for the City. Therefore, staff recommends that the City enter
into a contract with Colombo Construction Company, Inc. for design /build services for the Fire
Station 8 Remodel.
In the current agreement, the compensation is solely for the Design Phase of the project. After
the design is completed and construction documents have been advanced to approximately
the 65% completion stage, the City and the Design /Build Team will negotiate a Guaranteed
Maximum Price for the Construction Phase. Staff will then bring to the City Council an
amendment to this agreement for approval; construction on the project will not begin until City
Council has approved that amendment.
Capital Outlay funds provide the funding source for this project. This project is exempt from
prevailing wage requirements.
Public Works / Design Engineering / ADR
P3H103
G:\ GROUPDAT \ADMINRPT\2014 \04- 16 \Admin Rpt Fire Station 8.docx
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: April 3, 2014
APPROVED
DEPARTMENT HEAD /6-
CITY ATTORNEY
CITY MANAGER
V6-
SUBJECT: Amendment No. 2 to Agreement No. 09- 148(1) with Clifford and Brown ($75,000;
revised not to exceed $250,000) for outside legal services in the matter of Land Lot 1
v. City of Bakersfield, et al (KCSC Case No. S- 1500 -CV- 263357 WDP).
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On May 23, 2008, the City entered into Agreement No. CA08 -010 for legal services in the
above matter with Clifford and Brown in an amount not to exceed $40,000. This agreement has
been amended a couple of times since then because the case has had a long procedural
history, including being on appeal. Although we thought we had a settlement, Plaintiff's
reconsidered their position and we are now set for a second trial on December 8, 2014. At this
time, the City Attorney's Office requests that an amendment to this agreement be executed for
additional compensation so that outside representation may continue through trial.
This Amendment No. 2 to Agreement No. 09- 148(1) would be adding $75,000 to the Not to
Exceed Limitation on compensation and result in a total Not to Exceed amount of $250,000.
VG:ac
S: \COUNCIL \Admins \13 -14 Admins l- andl-ot1Admin09- 148Amd2.doc
April 3, 2014, 10:42AM
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: , , LCD
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEA )) F-
DATE: April 10, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 13-072 with the Bakersfield Homeless
Center (extending term to June 2015 and adding $129,040; revised not to
exceed $690,640) for litter removal services (All Wards)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: On May 1, 2013, Council adopted the Freeway Litter Program, which included
Agreement No. 13 -072 with the Bakersfield Homeless Center to provide up to three crews of six
persons each for litter removal services on freeway shoulders and ramps. The Agreement also
provides for litter removal services from areas other than state freeways. Funding sources for
this Agreement include Caltrans, Kern COG, and community sponsorships. To date, $62,000 of
community sponsorships have been received. Staff continues to seek additional sponsorships.
Additional Kern COG funding for FY 14/15 is anticipated and will be brought forward for
council consideration once secured.
The original Agreement expires on April 30, 2014 and allows for four annual renewals if both
parties desire to continue the program. The original compensation was $561,600 for a one -
year term. However, due to the gradual start-up of the program, only $305,000 will be
expended in the first term. Therefore, $256,600 remains and can be applied to the next
contract term. Anticipated costs for the Agreement's second term is $385,640. Therefore, an
additional $129,040 of existing Caltrans and community sponsorship funding will be used for
the second term.
Amendment No. 1 increases the compensation by $129,040 and extends the term for an
additional 14 months so that the term coincides with the City's fiscal year. The proposed
amendment also includes an hourly rate adjustment (from $90 to $97.80 per six- person crew)
due to the increase in the state minimum wage effective July 1, 2014. Although the increase in
state minimum wage is 12.5% (from $8.00 per $9.00 per hour), the Homeless Center is only
requesting an 8.7% increase.
The Freeway Litter Program has proven to be a success for the City, the Homeless Center, and
Caltrans during the first year of the program. The community has received excellent service in
removal of litter and debris from local freeways. The Bakersfield Homeless Center has been
able to launch an employment program that is empowering homeless individuals to find
housing, gain job skills, and seek greater employment opportunities.
KB
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1 �0 014
U p
ADMINISTRATIVE REPORT
Staff recommends approval of this Amendment. There is no General Fund impact associated
with this Amendment.
KB
G:\ GROUPDAT \ADMINRPT\2014 \04- 16 \Admin Amend (1) BAKERSFIELD HOMELESS CENTER AGMT 13 -072 - revised 4- 7- 13.doc
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Acting Public Works Director
March 17, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY_
CITY MANAGER
Consultant Agreement for Improvement Plan Check and Final Map Checking
Services (All Wards):
1. Amendment No. 1 to Agreement No. PW 13 -104 with Cornerstone
Engineering, Inc. ($25,000; revised not to exceed $65,000) to increase
compensation for improvement plan check and final map checking services.
2. Appropriate $25,000 additional improvement plan check revenue to the
Public Works Department's Operating Budget within the Development
Services Fund.
RECOMMENDATION: Staff recommends approval of Amendment and appropriation.
BACKGROUNOD: On June 14, 2013, the CITY and Cornerstone Engineering (Consultant)
entered into Agreement No. PW 13 -104 for improvement plan check and final map checking
services for a one -year term. The compensation terms for Agreement No. PW 13 -104 was for an
amount not to $40,000, of which approximately $9,000 remains. Because of the continual
increase in development activity, the remaining $9,000 is insufficient to compensate the
consultant for the remainder of the contract term. An additional $25,000 is proposed to be
added to the Agreement to ensure timely delivery of plan check services to developers and
property owners.
If approved, Amendment No. 1 will add $25,000 to Agreement No. PW 13 -104 for a revised
compensation amount not to exceed $65,000. Sufficient development revenue has been
collected to cover the cost of this amendment. Therefore, there is no General Fund impact
associated with this Amendment.
Ps
G: \GROUPDAT \ADMINRPT \2014 \04- 16 \Amend1 Cornerstone Engineering -Agmt PW13- 104.docx
o� BA
ADMINISTRATIVE REPORT
IF
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Acting Public Works Director
DATE: April 2, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 2 to Agreement No. 13 -154 with Mora's Equipment
and Construction, Inc. ($27,117.86; revised not to exceed $183,322.86) for the
project known as Pedestrian Access Improvements: Columbus Street Between River
Boulevard and Baylor Street, Brundage Lane Between Cedar Street and South H
Street (Wards 2 and 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project consists of constructing access ramps, sidewalk, curb and gutter,
and cross gutters to improve the safety and mobility of pedestrians.
During construction operations, four traffic signal pull boxes in various locations were found to
have been damaged. This damage occurred before construction operations began and the
contractor has agreed to replace the pull boxes for a lump sum of $436.94.
A drainage inlet, which was not shown on the plans, was discovered in the cross gutter on
Columbus Street at Fordham Street. In order to properly reconstruct the cross gutter in this
location, this drainage inlet must be removed and replaced. The contractor has agreed to
remove and replace this drainage inlet for the lump sum price of $1,289.51.
The catch basin located on the southeast corner of Brundage Lane and Hughes Lane was
found to be previously damaged during the removal of sidewalk area in this location. This
catch basin must be repaired in order to keep the dirt under the newly constructed sidewalk
and access ramp from infiltrating into this catch basin. The contractor has agreed to perform
this repair work for the lump sum price of $176.62.
The project plans called for the installation of one access ramp at the northeast corner of
Brundage Lane and Oleander Avenue. However, during construction, it was discovered that
due to the size of the curb return, a second ramp must be installed to comply with ADA
standards. The contractor has agreed to install this additional ramp and associated truncated
domes for the lump sum price of $475.57.
RM (Construction)
April 2, 2014, 4:14PM
G: \GROUPDAT\ADMINRPT \2014 \04- 16 \CCO 2 Pedestrian Access Columbus Brundage.doc
ADMINISTRATIVE REPORT
A portion of the asphalt concrete paving in the alley on Brundage Lane had to be removed
and replaced in order to provide a safe transition to the new cross gutter installed in this area.
The contractor has agreed to remove and replace this asphalt concrete for the lump sum price
of $760.05.
In order to construct this project per the plans and specifications, several contract item
quantities had to be either increased or decreased. These increases and decreases in quantity
will result in a net cost increase of $23,979.17.
The net cost increase of Contract Change Order No. 2 is $27,117.86. The sum of all change
orders to date on this project reflects a total cost increase of $27,117.86 (which results in a 17.4%
increase of the original contract amount) as illustrated below. Contract Change Order No. 1
was a "no cost" Change Order; Change Order No. 1 changed the retention from 10% to 5% per
Public Contract Code 7201(b) (1).
• Original Contract Amount = $156,205.00
• Amended Contract Agreement after Change Orders = $183,322.86
Net Increase to date = $ 27,117.86
Sufficient funds are budgeted to fund this Change Order. Capital Outlay funds provide the
funding source for this Contract Change Order.
RM (Construction)
April 2, 2014, 4:14PM
G:\ GROUPDAT\ADMINRPT\2014 \04- 16 \CCO 2 Pedestrian Access Columbus Brundage.doc
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: T. W
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: April 3, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 7, 10, and 14 to Agreement No. 13 -118 with
Granite Construction ($1,217.44 for a revised not to exceed amount of
$25,513,677.09; 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) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on
State Route 178 (SR -178) at Morning Drive and the extension of the SR -178 freeway for one and
a half miles, from just east of the Fairfax Road overcrossing to Canteria Drive /Bedford Green
Drive.
Change Order No, 7 provides for the elimination of temporary erosion control. Instead of
applying temporary erosion control during construction and waiting until the end of the
project to apply the permanent erosion control, the contractor has proposed to apply
permanent erosion to all slopes as they are completed. This will not only save money but will
also allow the vegetation along SR -178 to have two growth seasons during the project
duration. This change order results in a net decrease of ($100,025.26).
Change Order No. 10 provides for modifications to Pacific Gas and Electric (PG &E) utility
casings at the westbound and eastbound on and off ramps. The PG &E facilities, consisting of
one gas line and two electrical lines, were originally shown on the bid plans as crossing
beneath these ramps within one 18 -inch corrugated metal casing pipe. However, after
bidding, PG &E and Caltrans further reviewed this crossing, and based on PG &E requirements
and Caltrans high risk utility policy, it was determined that these facilities needed to cross these
ramps in three separate 1/4 -inch thick steel casing pipes. This change order results in a net
increase of $85,392.70.
Change Order No. 14 provides for additional labor and construction area signage costs
required as part of the work to modify the storm drain pipeline being installed across Bedford
Green Drive. This drainage system was originally to be a component of the SR -178 Widening
Project; however, it was incorporated into the Morning Drive Interchange Project (with
Change Order No. 2) so that it could be installed with the Canteria Drive /Bedford Green
KPB:
G: \GROUPDAT \ADMINRPT \2014 \04- 16 \Admin Rpt CCO 7 -10 -14 Morning Drive Project.doc
ADMINISTRATIVE REPORT
intersection improvements being done with this project, and eliminate the need to reconstruct
this area in the future with the SR 178 Widening Project. But in order to construct this storm
drain pipeline now, an existing California Water pipeline needed to be relocated so that it
would run beneath the storm drain pipeline. This relocation required California Water to
fabricate a special fitting. This storm drain pipeline work needed to be completed quickly so
that the road could be opened back up to allow for a major softball tournament at the
adjacent Mesa Morin softball complex, and so this work could not be delayed. Because of
adding this storm drain pipeline to the project and the resulting short notification California
Water received for this relocation, California Water could not get this fitting fabricated quickly
enough to incorporate it timely into the work. This delay of 3 -4 days resulted in the contractor
incurring additional costs in order to keep the construction area accessible to California Water
until the fitting could be installed. This change order results in a net increase of $15,850.
The net cost increase of Change Order No. 7, 10, and 14 is $1,217.44. This provides a total cost
increase of $61,625.59 which is a 0.24% increase as illustrated below:
• Current Contract Amount = $25,452,051.50
• Previous Change Orders = $ 60,408.15
• Current Change Order No. 7, 10, 14 = $ 1,217.44
• Amended Contract Agreement after CCOs = $25,513,677.09
Net Increase to date = $ 61,625.59
Adequate local /federal funds have been previously budgeted to cover these additional
costs.
KPB:
G: \GROUPDAT \ADMINRPT \2014 \04- 16 \Admin Rpt CCO 7 -10 -14 Morning Drive Project.doc
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: $. ;f.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Acting Public Works Director
DATE: April 3, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ►� _
SUBJECT: Contract Change Order Nos. 167, 168, 169 and 170 to Agreement No. 09 -076 with
Security Paving Company, Inc. (Net decrease of $466.88; revised not to exceed
$93,566,269.86) for the construction of the Westside Parkway Phase 2 Project (TRIP)
(Wards 2,4 and 5).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: As a result of the extraordinarily favorable bid climate at the time the Westside
Parkway Phase 2 project was bid, the City was able to extend the project limits from Coffee
Road all the way to Allen Road (This added three miles of freeway, an additional interchange at
Calloway Drive, and an additional bridge at Jewetta Avenue). This extended project limit
allowed the City to utilize all available State funding for this Project, since any unused funds
would have to be given back to the State. Due to time constraints for the State funding,
portions of the project construction bid and contract award were accomplished with less than
final design work completed. The final plans ultimately reviewed and agreed to by Caltrans also
required changes to the Project as compared to the plans used at the time of bidding. As such,
a higher amount of change orders were anticipated as the construction progressed. However,
this series of actions have been in the best interest of completing the Project, which is a critical
component of the TRIP program, and resulted in the utilization of all available State funding for
constructing the Project.
Phase 2 of the Westside Parkway Project includes the construction of a 6 -lane freeway from
Mohawk Street to Allen Road. Also included in the project is the construction of interchanges at
Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta Avenue.
Change Order No. 167 provides compensation to the contractor for applying Methacrylate to
the Friant -Kern Canal Bridge and the Coffee Road Undercrossing approach slabs as an
accepted solution to treat small surface concrete cracks in this concrete pavement. The total
cost for this work is split 50 -50 between the City and the contractor pursuant to the Dispute
Resolution Board (DRB)'s recommendation. The contractor performed this work, but filed a
claim for the work; later, the DRB ruled to a 50 -50 cost sharing for the actual expenses of the
treatment. The 50% share of the City's cost is a lump sum amount of $19,232.45.
Change Order No. 168 is a balancing change order that establishes the final quantities for all
items actually incorporated into the project, as agreed to by the contractor, the construction
manager, and staff. This balancing change order provides for increases or decreases in the
final quantities of items as compared to the original quantities contained in the project bid
specifications. This change order results in a decrease of $1,361,590.17.
Tdw:G:\ GROUPDAT \ADMINRPT\2014 \04- 16\Admin Rpt CCO WSP Phase 2 REV.docx
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ADMINISTRATIVE REPORT
1
Change Order No. 169 provides compensation to the contractor for some unused rice straw
that had been purchased for erosion control and that was to be applied to sloped areas of the
project. Prior to application of the straw, the City Council approved the application of a City -
produced wood chip product for erosion control due to its better appearance and lower
overall cost. This change in erosion control represented a large savings to the City that has
already been credited to the City in a previous change order. However, because of this
change, the contractor ended up at the end of the project with some left -over straw that was
not able to be incorporated into the project. This compensation represents the cost to the
contractor for purchasing the unused straw material. This change order results in a net increase
of $16,627.38.
Change Order No. 170 is the final change order for this project. This Change Order provides
compensation to the contractor for settlement of all potential claims due to delays, additional
work, etc. that the contractor has claimed during the course of construction of the project. This
change order includes full and final compensation and fully resolves all aspects of all existing
and potential claims by the contractor. The City's Construction Management firm for the
project as well as City staff have worked with the contractor for several months on resolving all
issues related to the project and believe this final amount is appropriate and fair to both parties.
This change order results in a net increase of $1,325,263.46. However, when combined with the
balancing change order No. 168 above, results in a net decrease to the final contract amount
of $36,326.71.
Staff recommends approval of Contract Change Order Nos. 167, 168, 169, and 170. Change
Orders, including these proposed Change Orders, total $16,993,824.79. This is a 22% increase
over the original Agreement as illustrated below:
• Original Contract Amount = $ 76,572,445.07
• Previous Change Orders = $ 16,994,291.67
• Current Change Order Nos. 167,168,169, and 170 = $ - 466.88
• Amended Contract Agreement after Change Orders = $ 93,566,269.86
Net Increase = $ 16,993,824.79
Much of the added cost for project change orders is due to Change Order No. 21 ($5.9 million)
which is for the KCWA Box Culvert - an item the City was always paying for, but which was
originally to be constructed by the KCWA. Later, after the Westside Parkway Phase 2 project
had bid, KCWA management requested that the City construct this box culvert as part of the
freeway project instead of the KCWA. Also, Change Order No. 1 for $588,430 was for added
work requested and paid for by the North Kern Water Storage District.
There is no General Fund impact associated with these change orders.
Due to the voluminous amount of documentation for these change orders, supporting
documentation is on rile with the City Clerk's Office.
Tdw:G: \GROUPDAT\ADMINRPT \2014 \04- 16\Admin Rpt CCO WSP Phase 2 REV.docx
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: 9-ii.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Acting Public Works Director
DATE: April 3, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Contract Change Order Nos. 58 and 59 to Agreement No. 10 -168 with Security
Paving Company, Inc. (net decrease of $259,140.59; for a revised not to exceed
amount of $24,196,577.69) for the Construction of the Westside Parkway Phase 4
Project. (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: The Westside Parkway Phase 4 Project consists of constructing four lanes of
freeway between Truxtun Avenue (just west of the Burlington Northern and Santa Fe (BNSF)
Railroad undercrossing) and the Mohawk Street Interchange. The project includes the
construction of two bridge structures over the Kern River and one bridge structure over Truxtun
Avenue (for eastbound traffic) as well as the construction of a box culvert for the Cross Valley
Canal (CVC) which is owned and operated by the Kern County Water Agency (KCWA).
Change Order No. 58 is a balancing change order that establishes the final quantities for all items
actually incorporated into the project, as agreed to by the contractor, the construction manager,
and staff. This balancing change order provides for increases or decreases in the final quantities
of items as compared to the original quantities contained in the project bid specifications. This
change order results in a decrease of $469,351.55.
Change Order No. 59 is the final change order for this project. This Change Order provides
compensation to the contractor for settlement of all potential claims due to delays, additional
work, etc. that the contractor has claimed during the course of construction of the project. This
change order includes full and final compensation and fully resolves all aspects of all existing and
potential claims by the contractor. The City's Construction Management firm for the project as
well as City staff have worked with the contractor for several months on resolving all issues related
to the project and believe this final amount is appropriate and fair to both parties. This change
order results in a net increase of $210,210.96. However, when combined with the balancing
change order above, results in a net decrease to the final contract amount of $259,140.59.
Staff recommends approval of Contract Change Order Nos. 58 and 59. Cumulative change
orders, including these proposed change orders, total $2,029,421.24. This is a 9.2% increase over
the original contract amount as illustrated below:
Tdw:G:\ GROUPDAT \ADMINRPT\2014 \04- 16Wdmin Rpt CCO WSP Phase 4 REV.docx
U O
�MIlr
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ADMINISTRATIVE REPORT
0 Original Contract Amount
• Previous Change Orders
• Current Change Order Nos. 58 and 59
• Amended Contract Agreement after Change Orders
Net Increase
There is no General Fund impact associated with these change orders.
_ $
22,167,156.45
_ $
2,288,561.83
_ $
- 259,140.59
_ $
24,196,577.69
_ $
2,029,421.24
Due to the voluminous amount of documentation for these change orders, supporting
documentation is on file with the City Clerk's Office.
Tdw:G: \GROUPDATWDMINRPT \2014 \04- 16\Admin Rpt CCO WSP Phase 4 REV.docx
� r
ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:B K
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ,j/
DATE: April 1, 2014 ,
CITY ATTORNEY_
CITY MANAGER ics
SUBJECT: Accept bid from Integrated Network Systems Corporation in the amount of
$62,661.40 for one (1) Microwave Radio (System 2) for the Public Works
Department, Communications Division. Ward 2
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: The microwave radio link from Police headquarters to Wastewater Treatment
Plant 3 provides voice and data transfer to and from the plant and downtown; it also provides
two -way radio coverage for Police and Fire in the southern area of the City.
With the expansion of Wastewater Plant 3 operations, the needs of City staff for voice and data
transfer have increased beyond the capabilities of the old system. The new Microwave Radio
System 2 will provide much higher data rates to meet those needs. It will also allow for the
expansion of radio system coverage for Police and Fire as new subdivisions are developed in
the southern area of town.
On January 23, 2013 Council approved the purchase of Microwave Radio System 1 which
increased the capacity of services to the Police West Substation, Fire Station 15 and the Water
Resources Department. The purchase of Microwave Radio System 2 is part of a continuing
process to improve the voice and data transport network throughout the City.
Bids were solicited for the purchase of Microwave Radio System 2. Two (2) bids were received
in response to the solicitation as follows:
BIDDER AMOUNT
Integrated Network Systems Corporation $62,661.40
Oceanside, CA
NEC Corporation of America $80,177.80
Irving, TX
Funds are budgeted within the Capital Outlay Fund to cover this purchase. Staff finds the bid
submitted by Integrated Network Systems Corporation to be acceptable.
Purchasing Division /kb
S:\PURCHWDMIN1Admin 13- 14\Microwave Radio System 2, 13- 14 -67, April 16, 2014.docx
April 2, 2014
ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: C
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD Al S
DATE: April 2, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Pavement Recycling System, Incorporated
(not to exceed $322,000) for the annual contract for cold planing services.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract
BACKGROUND: Bids were solicited for the annual contract for cold planing services for the
Streets Division. 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. One
bid was received from Pavement Recycling System, Incorporated, Jurupa Valley, California.
This contract is utilized by the Streets Division for preparation of asphalt roadway surface prior
to City crews' pavement reconstruction. The cold planing process is the removal of the top
surface asphalt of a roadway. The removed milled asphalt material is recycled by City staff
and used on other projects whereby eliminating any landfill impact.
Funds are budgeted in a combination of General Fund, Capital Outlay Fund and Gas Tax
Funds for this contract.
Staff finds the bid from Pavement Recycling System, Incorporated to be acceptable and
recommends approval of contract in the amount of $322,000.
Purchasing Division /kb
S:IPURCH\ADMIN\Admin 13 -141HC for Cold Planing, 13- 14 -71, April 16, 2014.docx
bAK
S
ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APP_
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /V'
DATE: April 2, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Burtch Construction (not to exceed
$846,000) for the annual contract to provide and apply asphalt rejuvenator and
sealant. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited for the Annual Contract for Asphalt Rejuvenator and
Sealant for the Public Works Department Streets Division. Four (4) bids were received in
response to the solicitation. The contract is for a one year period; renewable annually for four
consecutive one -year periods at the City's option and upon mutuauy agreeable terms.
As part of a street maintenance program, the Streets Division applies an asphalt rejuvenator
and sealant to surface streets to extend the life of the asphalt. The successful contractor will
supply and spread the product at various City locations on an on -call as needed basis. The
bids were solicited and compared based on an estimated application of 450,000 gallons of
asphalt rejuvenator annually.
The four (4) responses are as follows:
BIDDER TOTAL
Burtch Construction $ 846,000
Bakersfield, CA
Bowman Asphalt, Inc. $ 913,500
Bakersfield, CA
American Road Maintenance $ 999,000
Itasca, IL
Western Oil Spreading Services, Inc. $1,008,000
Santa Paula, CA
Staff finds the bid submitted from Burtch Construction to be acceptable and recommends
approval of a contract in the amount of $846,000. Funds are budgeted in a combination of
General Fund, Capital Outlay Fund and Gas Tax Funds for this contract.
Purchasing Division/kb
&\PURCMADMIMAdmin 13 -14WC Asphalt Rejuvenator Sealant, 13- 14 -70, April 16, 2014.docx
Created on 4/2/2014
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: , nn.
TO: Honorable Mayor and City Council
APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD bLY
DATE: April 4, 2014
CITY ATTORNEY`S
CITY MANAGER /w
SUBJECT: Accept proposal and award contract to Protection Force Private Security, Inc. (not
to exceed $50,000) for the annual contract for park security services. (Citywide)
RECOMMENDATION:
Staff recommends acceptance of bid and award of contract.
BACKGROUND:
The Department of Recreation and Parks has been utilizing park patrol services on a seasonal
and as- needed basis since August 2012. The purpose of these services was to address rising
incidents of vandalism, graffiti, and loitering in City parks. The program has been successful, and
the Department desires to increase services from seasonal to year- round.
Request for Proposal and Statement of Qualifications for providing park patrol services for City
parks was advertised in the Bakersfield Californian on March 21, 2014 and was solicited on the
Department of Recreation and Park's website.
The scope of work for this project includes providing uniformed security guard patrol services for
designated City parks. Two proposals were received in response to solicitation:
Protection Force Private Security, Inc.
Woodland Hills, CA
Kern Security Services
Bakersfield, CA
The proposal submitted by Protection Force Private Security, Inc. reflected the most favorable
pricing schedule and was determined to be the most comprehensive solution that will address
the City's need. The contract is renewable annually for three consecutive one -year periods at
the City's option and upon mutually agreeable terms.
April 7, 2014, 2:35PM
C:\ Users \sforsyth \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \3CDZNDWE \Park Security
Services l .docx
F A
ADMINISTRATIVE REPORT
0
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD
DATE: April 3, 2014 CITY ATTORNEY r
CITY MANAGER r/�J
SUBJECT: Appropriate $450,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant
No. 2 $125,000 and No. 3 $325,000) to the Public Works Department's Operating
budget to fund additional electrical costs at both Plants (Wards 1 and 6).
RECOMMENDATION: Staff recommends approval of appropriations.
BACKGROUND: Electrical costs at both wastewater treatment plants are projected to exceed
budgeted amounts in the current fiscal year. Reasons for the increase in electrical costs include
higher demand costs from PG&E, blowers at Plant 2's new odor control system, and issues with Plant
3's gas production, which affects the cogeneration system.
Increased electrical costs at the plants are partially attributed to higher electric rates. PG&E rates
are made up of consumption and demand charges. While consumption rates have remained
constant, there has been an increase of over 41% in demand rates from 2009 to current year.
Higher demand rates increased costs at both treatment plants.
In addition, Plant 2 had new blowers come online in July 2012 for the new odor control system. The
FY13 /14 budget for electricity costs was prepared before the blowers were in place for a full year,
therefore, the budgeted amount for FY 13/14 electrical costs did not reflect a full year of projected
costs related to operation of the blowers.
Plant 3's higher electrical costs were also due to poor gas production from the digesters. Digester
gas is used to fuel the cogen system, which produces electricity for the plant. Two issues limiting gas
production are old digester mixing pumps, and poor sludge pretreatment which consist of using
chemicals to remove water from the sludge prior to digester mixing. Plant 3 did not receive new
digester mixing pumps during the Plant 3 Expansion, and new pumps are needed as the old ones
are no longer operating efficiently. There is currently a budgeted CIP project to replace these
digester mixing pumps. Also, Plant 3 is in the process of procuring a specific chemical to pretreat the
sludge more effectively resulting in a thicker sludge, which will increase gas production. Once these
operational changes are made, digesters can produce more digester gas allowing the cogen
engines to produce more electricity, thus lowering future electrical costs.
Staff recommends the appropriation of $450,000 of Sewer Enterprise Funds to fund the additional
electrical costs ($125,000 for Plant 2 and $325,000 for Plant 3). There is no General Fund impact
associated with this appropriation.
rp
G: \GROUPDAT \ADMINRPT \2014 \04- 16 \Admin Rpt WW Electric Appropriation (revised).docx
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g
TO: Honorable Mayor and City Council
FROM: Douglas R. Greener, Fire Chief
DATE: March 31, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER AS
SUBJECT: Appropriate $310,349 Federal Grant funds from the USDA Forest Service and the
USDI Bureau of Land Management to the Fire Department Operating budget
within the General Fund for reimbursement of personnel costs on state -wide
master mutual aid assignments.
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
The Bakersfield Fire Department participated on numerous Strike Team deployments (state -wide
master mutual aid) to significant emergency events during the 2013 fire season.
Reimbursements included $214,534 from the USDA Forest Service and $95,815 from USDI Bureau
of Land Management, for a combined total amount reimbursed of $310,349. The fires took
place in July, August and September of 2013.
When firefighters are working on mutual aid assignments, the City is reimbursed at the overtime
rate for the entire deployment. The Fire Department's operating budget already incurred these
costs by paying the overtime. This reimbursement is needed to appropriate these funds back
into the Fire Department's budget..
Fire: TC
S: \Crosby \Admin. Reports \Strike Team 2014.docx
� ��BAKE
rcoaeox,ro�i5'r
Uc ADMINISTRATIVE REPORT
gLIFO ��
MEETING DATE: April 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director
DATE: March 27, 2014 DEPARTMENT HEAD
CITY ATTORNEY lk
pk
CITY MANAGER
SUBJECT: Budget and Finance Committee Report regarding FY 13/14 Community
Development Block Grant (CDBG - $3,208,247), HOME Investment Partnership
(HOME - $1,109,525), and Emergency Solutions Grant (HESG - $260,531) Annual
Action Plan submittal (Total - $4,578,303). (All wards)
RECOMMENDATION:
Staff recommends acceptance of the report, and authorization by the City Manager to execute
all necessary documents required to submit the Annual Action Plan to HUD.
BACKGROUND:
The Budget and Finance Committee met in January to review and consider the Annual HUD
Action Plan for FY 2014 -15. The proposed FY 2014 -15 Annual Action Plan is the fifth and final year
of the Consolidated Plan 2015 and represents activities to be funded with Community
Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and
Emergency Solutions Grant (HESG) entitlements. The total funds available for FY 2014 -15 are
$4,578,303, which represents $3,208,247 of CDBG funds (includes program income of $7,000),
$1,109,525 of HOME funds (includes program income of $30,000), and $260,531 of HESG funds.
In this year's Action Plan, there is a decided emphasis on devoting funding to much - needed
street, curb, and sidewalk improvements in Wards 1 and 2 (which comprise the large majority of
CDBG - eligible funding areas). Specifically, a total of $1,458,659 is being recommended for street
improvements in two areas: East California Avenue - $853,693 (Ward 1); and Lake Street -
$604,966 (Ward 2).
The Budget and Finance Committee recommendations for project funding included the
following:
• Discontinuing funding of a two - officer targeted police patrol ($230,000) in favor of curb,
gutter, sidewalk and street reconstruction projects (it is anticipated that funding for the
police patrol will be absorbed into the Police Department general fund budget moving
forward);
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ADMINISTRATIVE REPORT
Page 2
• Funding Recreation and Parks improvements in Jefferson Park and at Martin Luther King Jr.
Community Center;
• Maintaining funding at historic levels for Bakersfield Senior Center, the Home Accessibility
Grant Program, and Fair Housing Program Services (as required by HUD);
• Funding New Construction Assistance, CHDO Set -Aside (as required by HUD),
Downpayment Assistance, and Home Accessibility Grant Program with HOME funds; and
• Providing proportionate HESG funding to homeless service providers based on historical
and requested levels of funding.
A public notice was published on February 28, 2014 concerning the availability of the draft
annual Action Plan for a HUD required 30 -day citizen review and comment period. As part of the
public review and comment process, a public meeting was held on March 27, 2014, at which no
comments were recorded. The public review period concluded on March 30, 2014 and no
public comments were received on the proposed use of HUD funds for FY 2014 -15.
Under HUD regulations, the Annual Action Plan outlines the activities to be undertaken by the
City to address community development and housing needs identified in the five -year
Consolidated Plan adopted by City Council in May 2010. The attached table outlines the
proposed funding to address these needs by project /program for FY 2014 -15.
The deadline for submittal of the Action Plan to HUD is May 15, 2014. HUD will then have 45 days
to review the Action Plan for compliance with federal regulations. If the plan is found to be in
compliance, funds are expected to be available after July 1, 2014 for use by the City.
At the time of the Budget and Finance Committee meeting, the funding allocation from HUD
was not yet issued to the City. Thus, funding amounts used at that time estimated a five percent
reduction from the prior year's allocation. The Budget and Finance Committee unanimously
supported the proposed HUD Action Plan for next fiscal year and recommended staff to
proceed with the public notice and forward the FY 2013 -14 CDBG, HOME and ESG annual
spending plan to the City Council for review and approval.
Staff has since received information regarding the actual funding allocations to the City of
Bakersfield as reflected in the following table:
In prior years, HUD has permitted the City to submit an Action Plan with projected amounts, and
allowed the City to make an amendment at a later date to allocate any additional funding
received above what was projected. This year, however, HUD entitlement communities received
direction from HUD, requiring that all funding is allocated to projects prior to submittal of the
Action Plan.
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Projected
Actual
Difference
CDBG
$3,046,631
$3,201,247
+$154,616
HOME
$959,446
$1,079,525
+$120,079
HESG
208,454
$260,531
+$52,076
TOTAL
$4,214,531
$4,541,303
+$326,772
In prior years, HUD has permitted the City to submit an Action Plan with projected amounts, and
allowed the City to make an amendment at a later date to allocate any additional funding
received above what was projected. This year, however, HUD entitlement communities received
direction from HUD, requiring that all funding is allocated to projects prior to submittal of the
Action Plan.
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ADMINISTRATIVE REPORT
Page 3
The attached description (Exhibit "A ") of Action Plan projects accounts for the actual funding
allocation received by the City. The project funding has been updated from the Budget and
Finance Committee recommendation to allocate the additional $326,772 as follows:
•
Oversight Management and Coordination
$30,923
•
East California Area Curb, Gutter, Sidewalk
$123,693
TOTAL CDBG
$154,616
HOME
•
HOME Administration/ Planning
$12,008
•
CHDO Set -Aside
$18,012
•
New Construction Assistance
$90,059
TOTAL HOME
$120,079
H ESQ
•
Flood Bakersfield (Street Outreach)
$3,280
•
Bakersfield Homeless Center (Shelter)
$12,343
•
Bakersfield Rescue Mission (Shelter)
$12,323
•
Alliance Against Family Violence (Shelter
$3,280
•
Bakersfield Homeless Center (Rapid Re- Housing)
$16,924
TOTAL HESG
$52,076
The complete list of projects recommended for funding in the FY2014 -15 Annual Action Plan is
attached as Exhibit "A."
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A
ADMINISTRATIVE REPORT
F
MEETING DATE: April 16, 2014 AGENDA SECTION: Successor Agency
ITEM: g rr.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
April 3, 2014
APPROVED
DEPARTMENT HEAD /�
CITY ATTORNEY - p,.
CITY MANAGER /w
Receive and file successor agency payments from March 7, 2014 to
April 3, 2014 in the amount of $2,675,530.22
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 #588074 to Brown and Fowler Construction for $421.67 is a progress payment for Mill
Creek Linear Park Mill House. Payment approved as ROPS line item #29.
Check #588084 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 #588883 to Construction Protective Services for $25,686.88 is a payment for security
services at Creekview Villas. Payment funded with Successor Housing Agency program
income.
Check #589056 to Brown and Fowler Construction for $421.67 is a progress payment for Mill
Creek Linear Park Mill House. Payment approved as ROPS line item #29.
Check #9992348 to U S Bank Trust NA for $2,614,000.00 is a payment for the Refunding COP
Series A & B principle and interest. Payment approved as ROPS line item #34.
SAKim G \ADMIN — SA \COUNCIL - ADMIN- SA- 2014\ADMIN --SA 04- 16- 14.doc
A
� J
ADMINISTRATIVE REPORT
MEETING DATE: April 16, 2014 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council
FROM: Douglas N. Mclsaac, Community Development Director
DATE: March 21, 2014
SUBJECT: General Plan Amendment 13 -0388 (Ward 4)
APPROVED
DEPARTMENT HEAD 7%'
CITY ATTORNEY
CITY MANAGER
Western Properties, representing, Kari L. & Barbara Grimm, the property owners, has
applied for a general plan amendment to the Circulation Element - circulation map
and Western Rosedale Specific Plan- trails map, located along Reina Road, generally
between Renfro Road and Santa Fe Way.
Resolution approving the general plan amendment to the Circulation Element
and Western Rosedale Specific Plan Multi -Use Trails Map to relocate a collector
and trails alignment, as shown on the attached map. A finding that the project
is exempt from the California Environmental Quality Act is also considered.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The property owners having ownership of the property generally bounded by Reina Road, Renfro
Road, Santa Fe Way and Olive Drive, are requesting to amend the Circulation Element - circulation
map to relocate a collector segment along Reina Road, generally between Renfro Road and Santa
Fe Way. The proposed re- alignment will move the collector segment approximately 2,400 feet east
of the current alignment, then curve northwesterly to connect to a planned collector segment
(within the Rosedale Ranch project site) north of Olive Drive. The proposal also includes a request to
amend the Western Rosedale Specific Plan (WRSP) Multi -use Trails Map to follow the proposed
collector alignment to connect with the existing multi -use trails alignment along Olive Drive. The
proposal is consistent with the re- alignment of this collector road adopted by the Kern County Board
of Supervisors in 2006. At that time the area generally west of Renfro Road was within the
unincorporated boundaries of the County of Kern. Since then, the City of Bakersfield annexed the
area, but has not adopted the new alignment for the collector pursuant to County Resolution 2006-
498.
There are currently two approved tracts (Tentative Tract 7039 & Tentative Tract 6950) that will require
connectivity to the proposed collector alignment. Therefore, the relocation of the collector
alignment is necessary to the development of these approved tracts, as well as future development
projects within the area. The City Traffic Engineer reviewed the request and has no issues or
concerns regarding this proposal.
ADMINISTRATIVE REPORT Page
The surrounding area is designated for urban land uses to the north, south, east and west. Property
to the east of Renfro Road has been developed and includes single - family residential homes,
developing subdivisions and Frontier High School. To the south a general plan amendment and zone
change were recently completed to allow development of single - family homes (GPA /ZC 13- 0292).
Property to the north includes the Kratzmeyer Ranch and Rosedale Ranch project areas which were
annexed to the city in 2011. Future development of these areas, includes low -to high- medium
density residential homes, parks and trails, mixed -use commercial, light industrial and service
industrial uses.
The Planning Commission conducted a public hearing on this general plan amendment on March
6, 2014, and recommended approval to the City Council. Commissioners Kirschenmann, Lomas,
Strong and Wade voted in favor of the project. Commissioner Dodgin rescinded from voting stating
a conflict of interest. One individual, Mr. Ron Losa, residing at 13515 Plumas Wood Lane, spoke in
opposition to the request. Mr. Losa asked for clarification as to what a collector road is and if
relocating the collector will create additional noise within his neighborhood.
Staff explained that there already is a block wall surrounding the subdivision where Mr. Losa lives
and no additional noise mitigation is required. Furthermore, the relocated collector will swing
northward, west of his property. The City Traffic Engineer also explained that collector roads consists
of four travel lanes and are used to move traffic from local streets to arterial roads. They are
designed to handle up to 24,000 vehicles and still maintain a Level of Service C. Mr. Losa
acknowledged that his questions were answered. No other individuals or agencies present at the
hearing opposed the request.
Staff determined that there was no possibility that the project would have a significant
environmental impact; therefore, a Notice of Exemption was prepared in accordance with CEQA.
DL:S: \GPAs \GPA 2nd 2014\ 13- 0388 \Admin SR \Admin GPA 13- 0388.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING 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.
2.
3.
ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir (seated at
3:36 p.m.), Councilmembers Rivera,
Maxwell, Smith, Hanson, Sullivan (seated
at 3:35 p.m.), Johnson (seated at
3:45 p.m.)
Absent: None
PUBLIC STATEMENTS
None.
CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) for
the following:
City v. 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).
Motion by Councilmember Hanson to adjourn to
Closed Session at 3:31 p.m.
Motion by Vice -Mayor Weir to adjourn from Closed
Session at 5:06 p.m.
ACTION TAKEN
APPROVED
AB WEIR, SULLIVAN,
JOHNSON
APPROVED
AB HALL
Bakersfield, California, March 19, 2014 - Page 2
4. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) for
the following:
1. City v. Kern County, et al., Fresno County
Superior Court Case
No. 13CECG02817.
2. Truxtun Court Partners, et al. v. City, et
al., Kern County Superior Court Case
No. S- 1 500-CV-278941 -S PC.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (2),
(e) (1) (one potential case).
5. ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 5:13 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
2. INVOCATION by Pastor Jason Klopenstein, Rosedale
Bible Church.
ACTION TAKEN
CITY ATTORNEY WAS
GIVEN DIRECTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
Bakersfield, California, March 19, 2014 — Page 3
3. PLEDGE OF ALLEGIANCE by Justus Nunez, 5th grade ACTION TAKEN
student at Bessie Owens Intermediate School.
Mayor Hall acknowledged the students from the Ridgeview
High School Government class and the Bakersfield College
Government class in attendance at the meeting to learn
about City government.
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 -29, 2014, as
National Boys & Girls Clubs Week.
Mr. Cohen accepted the Proclamation and
made comments.
b. Presentation by Mayor Hall of a Proclamation to
Julia Gonzales, declaring March, 2014,
Women's History Month.
Ms. Gonzales, of Club GEN, accepted the
Proclamation and made comments.
Mayor Hall recognized City Manager Tandy, who
presented a plaque to Public Works Director Rojas in
commemoration of his 19 years, 4 months of service to
the City, and wished him well in his future endeavors.
Mr. Rojas accepted the plaque and made comments.
Mayor Hall announced that Deferred Business Item 12.a. is
being moved forward on the agenda, and that any public
speakers to this item will have the opportunity to speak at this
time.
12. DEFERRED BUSINESS
a. First Reading of Ordinance enacting Chapter FR
9.32 of the Municipal Code relating to
aggressive panhandling /solicitation. (deferred
from the meeting of 03/05/ 14)
Staff recommends First Reading of Ordinance.
Bakersfield, California, March 19, 2014 — Page 4
12. DEFERRED BUSINESS continued ACTION TAKEN
Item 12.a. continued
Kevin Bartl, representing the Board of
Directors for the Downtown Business
Association, is in support of the Ordinance and
submitted written material; Dr. Gerald Cantu,
Chair of the Homeless Collaborative ad hoc
committee that was formed to respond to
panhandling issues, is in support of the
Ordinance, but asked for a delay in
implementation, and he submitted written
material; Jim Wheeler, on behalf of the Kern
County Homeless Collaborative, is in support of
the Ordinance and asked for a delay in
implementation until January 1, 2015; Keith
Barnes, downtown business owner, is in support
of the Ordinance; Bob Bender, downtown
business owner, is in support of the Ordinance;
Kenneth Gibson, Major, Retired Salvation Army
Officer, is in support of the Ordinance; Curtis
James Bingham, Sr., street evangelist, is in
support of the Ordinance; Wayne Wright,
representing the Veterans of Foreign Wars, is in
support of the Ordinance; and Jeff Hayward,
representing the Bakersfield Marriott, is in
support of the Ordinance.
City Attorney Gennaro made staff comments
and provided a PowerPoint presentation.
Councilmember Johnson made a motion to
move First Reading of the Ordinance enacting
Chapter 9.32 of the Municipal Code relating to
aggressive panhandling solicitation with
direction to staff to bring the second reading
back in May.
Councilmember Maxwell offered a friendly
amendment to change the motion to have First
Reading tonight and have the second reading
as soon as possible.
Motion by Councilmember Johnson, with the APPROVED
friendly amendment by Councilmember
Maxwell, to give First Reading to the Ordinance
and have the second reading as soon as
possible.
Bakersfield, California, March 19, 2014 - Page 5
5. PUBLIC STATEMENTS ACTION TAKEN
a. The following individuals spoke regarding
cul -de -sacs: William Hickey, Jr., his concerns
have been addressed and he is in support of a
cul -de -sac on Cedar Street; Nancy Frick is in
support of a cul -de -sac on Cedar Street;
Romain Clerou expressed some concerns with
respect to the aesthetics of the cul -de -sac on
Cedar Street; and Tomas Deltoro Diaz is in
support of a cul -de -sac on Beech Street.
b. Bob Bell, Chairman of the Downtown
Bakersfield Development Corporation, spoke
regarding the Urban Development Plan for
Downtown, requested the City's participation in
this endeavor, and asked that the matter be
referred to the Planning and Development
Committee.
Councilmember Smith requested that this
matter be referred to the Planning and
Development Committee.
C. Nora Weber spoke regarding a package of
marijuana she found on the street next to her
property, expressed her concerns for the
children getting on and off the school buses in
the area, and submitted written material.
d. Scott Whyte spoke regarding an incident at
McMurtrey pool on December 26, 2013, and
requested a public hearing, with cross -
examination of witnesses, to address his
complaint.
e. John Black spoke regarding the TRIP program
and some property he owns near Rosedale
Highway and Jet Way; and advised that he
does not want the City, State, or anyone to do
anything there that would preclude a
developer from developing that land and using
that intersection.
Jason Cater, Executive Director of Bike
Bakersfield, spoke regarding new installation of
bike lanes on 4th Street, 30th Street, Alta Vista
Drive, and Haley Street; and thanked the City
for its commitment to continuing to improve our
road network to make it more bicycle friendly.
5.
6.
7.
8.
Bakersfield, California, March 19, 2014 — Page 6
PUBLIC STATEMENTS continued
g. Dora Martinez spoke regarding her stolen
vehicle and urged the City to put a stop to the
criminals getting away with auto theft.
Councilmember Rivera requested that the
Police Department revisit the issue of auto thefts
and to come up with creative ways to get the
word out to the public, and to follow -up with
Ms. Ramirez on her case.
Councilmember Johnson requested that the
Police Department include in that response an
update on the grant regarding auto theft and
any successes achieved, and to also look at
improving customer service.
WORKSHOPS
None.
APPOINTMENTS
None.
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.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
8.
Bakersfield, California, March 19, 2014 — Page 7
CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
d. Resolution approving the Updated Kern Multi- RES 033 -14
Jurisdiction Hazard Mitigation Plan.
e. Sewer connection and construction fee
assessments for 7804 Hopper Avenue:
1. Resolution confirming assessments for RES 034 -14
sewer and construction fees and
authorizing the collection of assessments
by the Kern County Tax Collector.
2. Agreement with Shawn E. Elliott and AGR 14 -035
Leaha M. Elliott, to pay sewer
connection and construction fees
through the Kern County Taxes.
f. Sewer connection and construction fee
assessments for 128 Suzanne Street:
1. Resolution confirming assessments for
RES 035 -14
sewer and construction fees and
authorizing the collection of assessments
by the Kern County Tax Collector.
2. Agreement with Pamela Lynn Cain, to
AGR 14 -036
pay sewer connection and construction
fees through the Kern County Taxes.
Agreements:
g. Agreement with Mary E. Lee Properties, Inc.
AGR 14 -037
($82,800), to purchase real property located at
DEED 7846, 7847
4000 Rosedale Highway for the Rosedale
Highway Widening Project. (TRIP)
h. Agreement with Bernard Arduain Family Trust
AGR 14 -038
($53,000) to purchase real property located at
DEED 7848, 7849
4001 Rosedale Highway for the Rosedale
Highway Widening Project. (TRIP)
i. Agreement with Harmon Revocable Living Trust
AGR 14 -039
($175,000) to purchase real property identified
DEED 7850
as APN 387 - 150 -24 for the State Route 178
Widening Project. (TRIP)
Bakersfield, California, March 19, 2014 - Page 8
8. CONSENT CALENDAR continued
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)
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).
Security Services at Creekview Villas:
1. Amendment No. 1 to Agreement
No. CID 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.
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.
FIAT
n. Reject bids for three replacement four door
midsize utility vehicles for the Police and
Water Departments.
o. Accept bid from JM Equipment, Fresno,
California ($53,164.58), for two replacement
fork lift trucks for the Rabobank Arena.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 13- 059(1)
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
P. Accept bid and approve contract with Gilliam AGR 14 -041
and Sons, Inc. (not to exceed $1,610,020), for
the earthmoving and hauling annual contract
(prevailing wage rate).
Bakersfield, California, March 19, 2014 - Page 9
8. CONSENT CALENDAR continued
Miscellaneous:
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.
Assistant City Clerk Drimakis announced that a
supplemental memorandums was received for Item
8.c., indicating there are two Ordinances to be given
First Reading on this item; and a supplemental
memorandum was provided for Item 8.j., reflecting an
updated contract.
Councilmember Maxwell requested that items 8.a.,
8.c., 8.j., 8.1., and 8.m. be removed for separate
consideration.
Councilmember Johnson requested that item 8.q. be
removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent
Calendar items 8.a. through 8.r., with the removal of
items 8.a., 8.c., 8.j., 81, 8.m., and 8.q. for separate
consideration.
a. Approval of minutes of the March 5, 2014,
Regular City Council Meetings.
Councilmember Maxwell requested, with
regard to Reports Item 11.a., the ad hoc
committee for the TRIP oversight, that the
Minutes be corrected to reflect that there was
an offer between the City Manager's Office and
Councilmember Maxwell that he would be
Invited to the monthly TRIP meetings.
City Manager Tandy clarified that, due to the
Brown Act issues, the offer was for
Councilmember Maxwell for one meeting.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Bakersfield, California, March 19, 2014 - Page 10
8. CONSENT CALENDAR continued
Item 8.a. continued
Councilmember Maxwell requested an open
Invitation to go to TRIP meetings, and if another
Councilmember should attend, he would be
happy to leave the meeting.
Motion by Councllmember Maxwell to approve
Consent Calendar Item 8.a., with the correction
as stated above.
C. First Reading of Ordinances 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.
Councllmember Maxwell made a motion to
delay this item and move it to a presentation
either at the next Council meeting where we
have a full Council.
Councllmember Smith made a motion to
approve the Ordinance as submitted by staff.
Councilmember Maxwell amended his motion
to give First Reading to the Ordinances tonight
and then at the first opportunity to have a full
Council that we get a presentation and if, at
that point, there are not any questions, that
everything is acceptable to the full Council,
that we go ahead and approve it at that time.
Motion by Councilmember Maxwell to give First
Reading to the Ordinances in Consent
Calendar Item 8.c., and come back in May
with Second Reading and a presentation
before the full Council.
ACTION TAKEN
APPROVED
FR
FR
APPROVED
NOES HANSON
Bakersfield, California, March 19, 2014 — Page 11
8. CONSENT CALENDAR continued
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)
Councilmember Maxwell advised that the
reason he requested this item be removed for
separate consideration was because he
wanted to point out that this change represents
a 12 percent increase in costs because of
changes in the Caltrans rules and regulations.
Motion by Councilmember Maxwell to adopt
Consent Calendar Item 8.j.
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.
Councilmember Maxwell advised that the
reason he requested this item be removed for
separate consideration was because he
wanted to explain that the increase in funding is
to provide security services until June due to
the amount of pilferage and vandalism taking
place at the site during construction.
ACTION TAKEN
AGR 12- 095(3)
APPROVED
AB SULLIVAN
AGR 14 -040
Motion by Councilmember Maxwell to adopt APPROVED
Consent Calendar Item 8.j., and come back
later and re- evaluate the need to get rid of the
security or to keep it longer.
8.
Bakersfield, California, March 19, 2014 - Page 12
CONSENT CALENDAR continued ACTION TAKEN
M. Contract Change Order No. 1 to Agreement AGR 13 -172
No. 13 -172 with Crosstown Electrical & Data, CC01
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.
Councilmember Maxwell explained that the
money for this project is coming out of gas tax
revenues, which is not an unending fund; and
he feels that the City has to be cautious about
committing that kind of money to something
that will be a short term job producer but a long
term liability.
Motion by Councilmember Maxwell to adopt APPROVED
Consent Calendar Item 8.m.
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.
Councilmember Johnson explained that the
reason he requested this item be removed for
separate consideration was because he had a
question about it after he had prepared for the
meeting and had not had a chance to confer
with staff.
Motion by Councilmember Johnson to adopt APPROVED
Consent Calendar Item 8.q.
Mayor Hall recessed the meeting at 8:07 p.m. and
reconvened the meeting at 8:16 p.m.
Mayor Hall announced that, at the request of the City
Manager's staff, Deferred Business Item 12.b. was being
moved forward on the agenda to be heard at this time.
Bakersfield, California, March 19, 2014 — Page 13
12. DEFERRED BUSINESS
b. Cul -de -Sacs at Beech and Cedar streets.
Assistant Public Works Director Fidler made staff
comments, provided a PowerPoint
presentation, and recommended Council
determination on who is responsible, whether it
is the City or the residents, for the extra costs in
construction if Option 2 is selected for the
Cedar Street cul -de -sac; and he pointed out
that the southwest property owner has
indicated he will move forward with this project,
as proposed, and dedicating the right -of -way
necessary to maintain the 4 -foot sidewalk.
Property owner Keith Barndon advised that he is
willing to pay the $3,000 in extra construction
costs.
Property owner Romain Clerou requested the
following: that the sidewalks north of the
cul -de -sac be removed now; minimize the
sidewalk in front of his house; and consider
options, such as signage, and not painting the
curb red.
Councilmember Maxwell made a motion to
move forward as the Assistant Public Works
Director described for Option 2 on the Cedar
Street cul -de -sac; and that the Beech Street
cul -de -sac be delayed until the Public Works
Department has been able to meet with one of
the property owners and work out an equitable
solution to their situation.
City Attorney Gennaro suggested that
Councilmember Maxwell clarify in his motion
that the homeowners on Cedar Street are
going to cover the additional construction
costs, and then direct staff to continue to work
with Mr. Clerou on the issues that he brought
up.
ACTION TAKEN
12.
9.
Bakersfield, California, March 19, 2014 — Page 14
DEFERRED BUSINESS continued ACTION TAKEN
Item 12.b. continued
Motion by Councilmember Maxwell to move APPROVED
forward with Option 2 on the Cedar Street
cul -de -sac; that the homeowners, other than
Mr. Hickey, will pay for the additional cost for
the alteration on this particular cul -de -sac; that
staff continue to work with Mr. Clerou to resolve
his issues in terms of the painting, the sidewalks,
and any other issues he may have; and that the
Beech Street cul -de -sac be delayed until staff
has been able to meet with one of the property
owners and work out an equitable solution to
his situation.
CONSENT CALENDAR PUBLIC HEARINGS
None.
10. HEARINGS
a. Public Hearing to consider Resolution approving RES 036 -14
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.
Councilmember Johnson announced that he
would abstain, due to conflict of interest, source
of income, on Item 10.a.
Community Development Director Mclsaac
made staff comments.
Hearing opened at 8:41 p.m.
No one spoke.
Hearing closed at 8:42 p.m.
Motion by Vice -Mayor Weir to adopt the APPROVED
Resolution. ASS JOHNSON
Bakersfield, California, March 19, 2014 — Page 15
10. HEARINGS continued
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.
City Clerk Drimakis announced that a
supplemental memorandum was provided
transmitting correspondence from John and
Sue Black, and Mr. Springer.
Assistant Public Works Director Fidler made staff
comments.
City Attorney Gennaro made the following
comments for the record: "Mayor and Council,
for the record, as Mr. Fidler has indicated, this
project requires that certain properties be
acquired. The maps and legal descriptions of
each of those subject property interests are
attached to the Resolutions of Necessities or the
RONs as we call them, in your packet. I should
also note that your staff was successful in
acquiring one of the parcels on tonight's
agenda, so, as opposed to the ten Resolutions
of Necessity, tonight you are looking at
approval of nine of the Resolutions of Necessity,
and those RONs basically allow the City to
begin the legal process of acquiring those nine
properties. And again, for the record, it should
be noted that when you approve the RONs
tonight, you are making a finding on each one
of those properties that: number one, the
public interest and necessity requires the
project, in other words, this project, you've
come to the conclusion, is going to alleviate
present and future traffic congestion, which is
vital to the public health and safety in that
area; number two, you're also making the
ACTION TAKEN
RES 037 -14
RES 038 -14
RES 040 -14
RES 041 -14
RES 042 -14
RES 043 -14
RES 044 -14
RES 045 -14
RES 046 -14
Bakersfield, California, March 19, 2014 — Page 16
10. HEARINGS continued
Item 10.b. continued
finding that the project is planned and located
in the manner that will be compatible with the
greatest public good and the least private
injury, in other words, it's not possible to widen
this property or widen Rosedale Highway unless
you acquire these certain properties; number
three, you're making a finding that the subject
property interest described in the RONs are
necessary for the project, in other words, there
is no practical way to complete this project or
to widen Rosedale Highway unless you acquire
these certain properties; and finally, you're
making the finding that the City has made the
offers required under the State Government
Code to the owners of record of the real
property that we're seeking to acquire. Again,
as your Admin Report indicates, staff has
obtained fair market value appraisals on each
of these pieces of property. We have passed
them on to the owners of record. I want to
emphasize for the record, that staff is going to
continue to work with the property owners to
resolve as many of these acquisitions as
possible without the need to proceed to
Eminent Domain, but that the RON is the first
step in this process."
Hearing opened at 8:45 p.m.
John Black spoke in support of the staff
recommendation.
Hearing closed at 8:51 p.m.
ACTION TAKEN
Motion by Vice -Mayor Weir to adopt the APPROVED
Resolutions.
Bakersfield, California, March 19, 2014 - Page 17
11. REPORTS ACTION TAKEN
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.
Assistant to the City Manager Smiley made staff
comments and provided a PowerPoint
presentation.
Councilmember Rivera advised that, regarding
Goal 4., "Plan for Growth and Development ",
with respect to the Municipal Airport and
related to examining methods to encourage
and support development in the area near the
airport, he would like to have a conversation
related to some type of improvement zone in
that area; also, along the lines of growth and
development, there is a drop off in funding
sources for curb, gutter, and sidewalks in areas
that don't qualify for CDBG funds, and he feels
that needs to be updated.
Councilmember Rivera suggested adding a
section related to lighting up the City, and
specifically looking at the street light installation
policy and potentially updating that with some
type of reaffirmation about installing more lights
or lighting up the streets.
Councilmember Rivera suggested, regarding
Goal 3., some type of mention about older
areas of town, including southeast Bakersfield.
Councilmember Rivera suggested, regarding
"Public Safety ", more on community outreach
and potentially expanding the Neighborhood
Watch Program.
11.
Bakersfield, California, March 19, 2014 - Page 18
REPORTS continued ACTION TAKEN
Councilmember Rivera advised that some
major updating needs to take place in the
original governing document regarding
combating gang violence and the progress
that has been made, as well as updating some
of the goals and objectives.
Councilmember Johnson advised that,
regarding Goal 2.6.5., he would like to put in
something that codifies that the City is going to
seek a bill to change State law that will allow us
to add amenities to our community such as
multi -use trails along canal corridors, and that if
we need to ask or find someone to shepherd it
through the Legislature for us, that we could put
the money behind the process.
Councilmember Johnson asked, regarding
Goals 3.1.13. and 4.4.2., relating to infill policies,
why are we charging people fees on a small
scale basis where you have an existing
structure and not adding to something that
wasn't already there in the first place in terms of
infrastructure, and there is no real impact.
Councilmember Johnson requested, regarding
Goal 6.1.2., on page 11, "promote and
encourage community gardens," that
something be added to the last sentence to
come up with an action plan to implement
additional community gardens, perhaps with
the involvement of either the Greenfield
Walking Group or Keep Bakersfield Beautiful.
Councilmember Smith suggested, in addition to
Councilmember Johnson's recommendation,
also looking at the fee structure for sewer and
traffic in the downtown because we want to do
all we can for the older areas of town.
12. DEFERRED BUSINESS
a. First Reading of Ordinance enacting Chapter MOVED FORWARD
9.32 of the Municipal Code relating to ON THE AGENDA -
aggressive panhandling /solicitation. (deferred SEE PAGE 3
from the meeting of 03/05/ 14)
Staff recommends First Reading of Ordinance.
Bakersfield, California, March 19, 2014 - Page 19
12. DEFERRED BUSINESS continued
ACTION TAKEN
b. Cul -de -Sacs at Beech and Cedar streets. MOVED FORWARD
ON AGENDA -
Staff recommends Council determination. SEE PAGE 12
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson advised that he had passed
along some information to staff regarding the oil
severance situation that Sacramento is suggesting,
and he would like to see if Council would like to take
some action on it through the Mayor's Office.
Councllmember Smith requested that the Community
Services Committee explore the opportunity of puffing
artwork on our freeway that tells the Bakersfield story.
Councilmember Maxwell advised that he would like to
get together with Assistant Public Works Director Fidler
to discuss how speed limits are determined, and that a
constituent had expressed his concern about the high
speed limits in our city.
Councllmember Maxwell announced that there is a
problem again with illicit behavior behind Carpet
Cave on Sumner Street, and he asked the Police
Department to put some extra effort into that area.
Councilmember Maxwell once again expressed his
concerns regarding the synchronization of the traffic
lights on 23rd and 24th streets between 4:30 and 5:30
p.m., and 7:30 and 8:30 a.m.; and he stated that he
would hope that by the next Council meeting in four
weeks, he would see a substantial difference in the
way that traffic moves, at least during those two hours
of the day.
Vice -Mayor Weir advised that the City has received a
request to support the KCERA Investing at least a
portion of their money In the local community, and he
asked staff to come back at the next meeting with a
resolution in support of that.
Vice -Mayor Weir urged the Councilmembers to talk to
appropriate staff to resolve any questions related to
agenda items prior to the meetings.
Bakersfield, California, March 19, 2014 — Page 20
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Johnson announced that the Water
Forum for the urban water purveyors was successful, a
number of referrals were made by members of the
Water Board, and some of the other committees are
looking at options to help reduce water use.
Councilmember Johnson advised that he had a
request from a constituent to improve the intersection
of Berkshire and Union with a streetlight; and he asked
that staff to look into that.
Mayor Hall commended Bakersfield Memorial
Hospital, Garden Pathways, and Councilmember
Maxwell for the outstanding work that they are doing
with the neighborhood transformation projects, and
helping the residents and the children in the school in
that area to make life better for themselves.
Mayor Hall announced that the Council and the Board
of Supervisors have settled a lawsuit regarding
property tax revenues received by the City from
annexations in the County territory; and he indicated
that he feels the climate is changing in the relationship
between the City and the County.
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