HomeMy WebLinkAbout07/16/14_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF JULY 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.
ROLL CALL
2. PUBLIC STATEMENTS
3. WORKSHOPS
a. Smarthphone Application Overview Presentation.
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
Government Code Section 54956.9(d)(1) for the following:
1. Edward Colson v. City, Kern County Superior Court Case
No. S1500 -CV- 277378, DRL,
2. North Kern Water Storage District v. City, Ventura County Superior Court Case
No. 56- 2011- 00408712- CU- CO -VTA.
S. CLOSED SESSION ACTION
6. ADJOURNMENT
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
2. INVOCATION
3. PLEDGE OF ALLEGIANCE by Janin Cabral, 5th grade student at BIII L. Williams Elementary
School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a certificate of Appreciation to Daniel Rodriguez,
representing the law firm Rodriguez & Associates, for providing funding to support the
cooperative effort by the City, Keep Bakersfield Beautiful, and the Bakersfield
Homeless Center to remove litter along freeway frontages.
b. Presentation by Mayor Hall of a Certificate of Appreciation to Jacob Panero and
Jon Price, on behalf of Metropolitan Recycling, LLC, representing a conglomeration
of local refuse haulers, for sponsoring, over the past five years, $56,000 for the
Greater Bakersfield Green Expo, and $12,500 for the Great American Cleanup.
4. PRESENTATIONS contiuned
C. Presentation by Mayor Hall of a Proclamation to Dianne Hoover, Recreation and
Parks Director, proclaiming July, 2014 as Recreation and Parks Month and Parks
Make Life Betterl Month,
5.
PUBLIC STATEMENTS
6.
WORKSHOPS
7.
APPOINTMENTS
8.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 25, 2014, Regular City Council Meeting.
Payments:
b. Receive and file department payments from June 13, 2014, to June 26, 2014, In the
amount of $15,225,966.92 and self- Insurance payments from June 13, 2014, to
June 26, 2014, in the amount of $699,982.39 totaling, $15,925,949.31.
Ordinances:
(Ward 3) C. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone district from R -2 /PUD (Limited Multi - family
Dwelling /Planned Unit Development) zone to R -1 (One - Family Dwelling) zone on
12.91 acres located at the southwest corner of Coffee Road and Etchart Road. A
previously adopted Negative Declaration for GPA /ZC No. 05 -1932 applies to this
project. (ZC 14 -0050; SmithTech USA, representing SB /RBLI Land Company (North
Kern II), LLC) (deferred from the 05107114 meeting)
(ward 4 *) d. First Reading of Ordinance amending the Official Zoning Map In Title 17 of the
Municipal Code by changing the zone district from A (Agricultural Zone) to
P.C.D. (Planned Commercial Development Zone) to develop a
mini- storage /recreational vehicle storage facility on 269 acres located at 15000
Stockdale Highway. A previously adopted Negative Declaration applies to this
project. (ZC 14 -0130; Marino /Associates representing CENVAL L.P.)
Resolutions:
*upon annexation
e. Resolution approving the Public Notice and Grievance Procedure as required under
the Americans with Disabilities Act.
f. Resolution in support of Assembly Bill No. 1513 regarding squatters.
g. Grant Assistance Program;
1. Resolution authorizing the Police Department to accept funding ($58,318)
made available through the Grant Assistance Program (GAP) of the California
Department of Alcoholic Beverage Control (ABC).
2. Appropriate $58,318 State Grant Revenues FY2014 -15 Grant Assistance
Program (GAP) from the State Office of Alcoholic Beverage Control (ABC) to
the General Fund Police Operating Budget.
City Council Meetings of 07/16/2014
8. CONSENT CALENDAR continued
h. Resolution determining that Bloxide, a proprietary chemical for sewer odor control
and reduction of sulfide gas levels, cannot be reasonably obtained through the
usual bidding procedures and authorizing the Finance Director to dispense with
bidding thereof for a period of one year, not to exceed the budgeted amount of
$800,000.
(Ward 1) 1. Emergency cleaning of Digester No. 4 at Wastewater Treatment Plant No. 2:
1. Resolution dispensing with bidding procedures due to emergency.
2. Amendment No. 1 to Agreement No. PW14 -132 with Wastewater Solids
Management ($15,000; revised not to exceed $55,000) for digester cleaning,
(ward 7) J. Sewer connection fee assessment for 2516 Clara Court:
1. Resolution confirming assessment for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector,
2. Agreement with Ricardo Lopez Gonzalez to pay sewer connection fee
through the Kern County Tax Collector,
(Ward 7) k. Sewer connection fee assessment for 5117 Centaur Street:
1. Resolution confirming assessment for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector.
2. Agreement with Timothy W. and Anna M, Lee to pay sewer connection fee
through the Kern County Tax Collector.
(Ward 2) I. Resolution adding territory, Area 4 -124 (northwest corner of 20th Street and V Street)
to the Consolidated Maintenance District and approving, confirming and adopting
the Public Works Director's Report and authorizing collection of assessments by the
Kern County Tax Collector,
(Ward 2) M. Resolution of Intention No. 1799 ordering the vacation of a portion of 17th Place
Alley, within Block 269, between N and O streets.
(Wards 6,7) n, Resolution of Intention No. 1802 calling a public hearing to determine whether public
necessity, health, safety or welfare requires formation of an Underground Utility
District within designated area - District No, 2, Division 36 (Stine Road, Panama Lane
to Ryzona Street).
(ward 2) o. Resolution of Intention No. 1803 calling a public hearing to determine whether public
necessity, health, safety or welfare requires formation of an Underground Utility
District within designated area - District No. 2, Division 37 (20th Street, between V
Street and Its western terminus approximately 578 feet west of V Street).
(ward 2) P. Resolution of Intention No, 1804 calling a public hearing to determine whether
public necessity, health, safety or welfare requires formation of an Underground
Utility District within designated area - District No. 2, Division 38 (34th Street, Chester
Avenue to Union Avenue),
City Council Meetings of 07/16/2014
8. CONSENT CALENDAR continued
(wards 1,5) q. 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. 1805 adding Area 3 -93 (northwest corner of Berkshire Road and Old
River Road)
2. ROI No. 1806 adding Area 5 -70 (southwest corner of E. White Lane and
Cottonwood Road)
Changes to salaries and related benefits for various employee units:
1. Amendment No. 3 to Resolution No. 079 -13 approving Memorandum of
Understanding for employees of the Blue and White Collar Units and adopting
salary schedule and related benefits.
2. Resolution modifying paying and reporting the value of employer paid
member contributions with time -In -grade exceptions for the Blue and White
Collar Units.
3. Amendment No. 3 to Resolution No. 080 -13 setting salaries and related
benefits for the officers and employees of the General Supervisory, Police
Supervisory and Management Units,
4. Resolution modifying paying and reporting the value of employer paid
member contributions with time -In -grade exceptions for General Supervisory
and Management Units,
5. Resolution modifying paying and reporting the value of employer paid
member contributions with time -In -grade exceptions for Police Safety
Management Classifications,
6. Resolution modifying paying and reporting of the value of employer paid
member contributions with time -in -grade exceptions for Fire Safety
Management Classifications.
7. Resolution modifying paying and reporting the value of employer paid
member contributions with time -in -grade exceptions for Police Safety
Supervisory (Sergeants) Classification.
8. Amendment No. 1 to Resolution No. 150 -13 approving the Memorandum of
Understanding setting salaries and related benefits for the employees of the
Bakersfield Police Officers Association (BPOA).
9. Resolution modifying the paying and reporting the value of employer paid
member contributions with time -In -grade exceptions for Police Safety
Classifications,
10, Amendment No. 1 to Resolution 078 -13 approving Memorandum of
Understanding setting salaries and related benefits for the Fire Supervisory Unit
of the Fire Department.
11. Amendment No. 1 to Resolution No. 077 -13 approving Memorandum of
Understanding setting salaries and related benefits for the Firefighters and
Engineers of the Fire Department.
12. Resolution modifying paying and reporting the value of employer paid
member contributions with time -in -grade exceptions for Fire Safety and Fire
Supervisory Classifications.
4 City Council Meetings of 07/16/2014
8. CONSENT CALENDAR continued
Agreements:
S.
License Agreement with CompuCom Systems, Inc. ($325,00, to provide Microsoft
Licenses for 1,386 city computers.
(Ward 2) t.
Agreement with David L. Nielsen and Christine R. Nielsen, trustees of The David &
Christine Nielsen Family Trust, ($235,000) to purchase real property located at 423
Truxtun Avenue, for the Amtrak Parking Lot Expansion Project.
(Ward 2) U.
Agreement with Odessa M. Powers, Trustee of the Odessa M. Powers Trust ($214,000)
to purchase real property located at 4515 Charter Oaks Avenue, for the Centennial
Corridor Project. (TRIP)
(Ward 2) V.
Agreement with Dudley and Edna Drake, trustees ($268,000) to purchase real
property located at 4415 Kensington Avenue, for the Centennial Corridor Project.
(TRIP)
(Ward 2) W.
Agreement with Ernest and Deborah Flippin ($238,000) to purchase real property
located at 500 Malibu Court, for the Centennial Corridor Project. (TRIP)
(Ward 2) X.
Agreement with Joyce Ferguson ($140,000) to purchase real property located at 2
Morrison Street, for the Centennial Corridor Project. (TRIP)
(Ward 2) Y.
Agreement with Melba F. Stanczak, Trustee ($273,000) to purchase real property
located at 4508 Woodlake Drive, for the Centennial Corridor Project. (TRIP)
(Ward 2) Z.
Agreement with Scott and Hortencia Strickland ($316,000) to purchase real property
located at 4200 Hillsborough Drive, for the Centennial Corridor Project. (TRIP)
(Ward 2) aa.
Agreement with Rosa Elena Cahue ($284,000) to purchase real property located at
4312 Kentfleld Drive, for the Centennial Corridor Project. (TRIP)
(Ward 2) bb.
Agreement with Betty Woodard Smith, Trustee of the Betty Woodard Smith Trust
($288,000) to purchase real property located at 4208 Hillsborough Drive, for the
Centennial Corridor Project. (TRIP)
(Ward 2) cc.
Agreement with Richard and Judith McMullen ($296,000) to purchase real property
located at 4404 La Mirada Drive, for the Centennial Corridor Project. (TRIP)
(Ward 2) dd.
Agreement with Marguerite M. Smith, Trustee of the Marguerite M. Smith Trust
($240,000) to purchase real property located at 4505 Charter Oaks Avenue, for the
Centennial Corridor Project. (TRIP)
(Ward 2) ee.
Agreement with H. Lee and Mary E. Jackson ($192,000) to purchase real property
located at 3330 Wood Lane, for the Centennial Corridor Project. (TRIP)
Ward 2) ff.
Agreement with Donald and Diane Steward ($265,000), to purchase real property
located at 2401 Myrtle Street, for the 24th Street Widening Project. (TRIP)
(Ward 3) gg.
Agreement with Rick Ray and Carolyn Pruett ($64,033) to purchase real property
Identified as 12417 Highway 178, for the State Route 178 Widening Project. (TRIP)
(Ward 3) hh.
Agreement with Haroon and Sophia Hanasab, Trustees of the Haroon & Sophia
Hanasab Revocable 2013 Trust ($85,000) to purchase real property identified as
APNs 386 - 050 -09 and 387 - 020 -18 for the State Route 178 Widening Project. (TRIP)
City Council Meetings of 07/16/2014
8. CONSENT CALENDAR continued
(Ward 6) ii. Final Map and Improvement Agreement with BMC Stein, LLC, for Tract 7222, Unit 6,
located south of Panama Lane and west of Stine Road.
(ward 4) jj. Parcel Map and Improvement Agreement with DCM Assets Management, LLC, for
Parcel Map 11788, Unit 1, located at the southwest corner of Olive Drive and
Calloway Drive.
(ward 7) kk. Environmental Impact Report (EIR) for General Plan Amendment /Zone Change
No. 13 -0417 (SR99 /Hosking Commercial Center) generally located adjacent to the
east side of State Route 99, between Hosking Avenue to the South and Berkshire
Road to the north:
1. Agreement with John Giumarra, Jr. ($199,888.12) for the preparation of an EIR.
2. Agreement with ICF International ($133,259.12) to prepare EIR.
3. Appropriate $133,259.12 (developer's contribution) to the Community
Development Operating budget in the General Fund,
II. Amendment No. 1 to Agreement No. CAI 4-001 with Kutak Rock, LLP ($40,000; revised
not to exceed $175,000), to provide outside legal services In the matter of the City v.
All Persons Interested in the Matter, etc., et al.
mm. Amendment No. 7 to Agreement No. 08 -179 with SunGard Public Sector, Inc.
($189,884.47), for service support of Licensed Software.
nn. Amendment No. 5 to Agreement No. 10 -107 with Kern Sprinkler Landscaping, Inc.
($200,000; revised not exceed $1,094,648.25 and extend term one year), for the
continued supply of landscape and Irrigation services.
(Wards 1,6) oo. Amendment No. 1 to Agreement No. 12 -071 with Crider Construction ($200,000;
revised not to exceed $400,000) for on -call construction services at Wastewater
Treatment Plants 2 and 3.
(Ward 4) pp. Contract Change Order No. 13 to Agreement No. 12 -165 with Security Paving
Company, Inc. ($126,998.40; revised not to exceed $29,528,921.53; change order
funded with Traffic Development Funds), for construction of the Westside Parkway
Phase 6C Project. (TRIP)
(Ward 3) qq. Contract Change Order No. 2 to Agreement No. 13 -155 with Granite Construction,
Inc. ($41,257.97; revised not to exceed $3,076,837.47), for the project known as
Mohawk Street Improvements from Rosedale Highway to Siena Lane.
Bids:
(Ward 6) rr. Accept bid and approve contract with BASF ($120,000), for the supply of polymer for
the dissolved air flotation units at Wastewater Treatment Plant No. 3.
(wards 4,5,6,7) ss. City's Domestic Water System:
1. Accept bid and award contract to Sierra Construction & Excavation, Inc.
($1,000,000), for the annual maintenance and repairs on the potable water
system within the City's domestic water service area.
2. Appropriation of $500,000 Fund balance to the Water Resources Operating
Budget within the Domestic Water Fund for maintenance and repairs.
City Council Meetings of 07/16/2014
8. CONSENT CALENDAR continued
Miscellaneous
Successor Agency Business:
tt. Receive and file successor agency payments from June 13, 2014, to June 26, 2014, In
the amount of $10,508.10.
Staff recommends adoption of Consent Calendar items 8a. through 8.tt.
9. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 2) a. Public Hearing to consider Resolution ordering the vacation of the existing 20 -foot
wide public and utility access easement within Parcel 1 of Parcel Map No. 5102
located at 2125 Brundage Lane. (Staff recommends no action)
(Ward 5) b. Public Hearing to consider Resolution ordering the vacation of portions of the Public
Utility Easements for lots 6, 7, 20 & 21 of Tract 7161, Unit 5. (Staff recommends adoption
of Resolution)
C. Public Hearing to consider Resolution approving and adopting an adjusted fee for
the development and Improvement of parks within the City (4.29% proposed rate
Increase). (Staff recommends adoption of Resolution)
10. HEARINGS
(Ward 3) a. Public Hearing to consider 12 Resolutions of Necessity (RON) to determine whether
the public Interest and necessity for acquisition by eminent domain, of partial
Interests In the following real property for public purpose, known as
APNs: (1) 386- 050 -23; 387 - 020 -37; 387- 360 -05, (2) 387 - 020 -14, (3) 387 - 020 -52,
(4) 387 - 150 -08, (5) 387 - 150 -18; 387 - 150 -22, (6) 387 - 150 -21, (7) 387- 1 50 -27,
(8) 387 - 160 -15, (9) 531 - 012 -05; 531 - 012 -14, (10) 533 - 012 -20; 533 - 012 -21; 533 - 012 -26,
(11) 533 - 012 -24, (12) 533 - 012 -28; 533 - 012 -29; 533- 012 -30, for the Highway 178
Widening Project (Code Civ. Proc.§ 1240.010). (TRIP)
Staff recommends adoption of the Resolutions of Necessity.
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respe tfu ly su Itted,
Br
Alan Tandy
City Manager
07/10/14 2:03pm
City Council Meetings of 07/16/2014
AGENDA HIGHLIGHTS
July 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 comments pertaining only to Item 3a, the Smartphone Application
Overview Presentation and the two Closed Session matters. After the Workshop, the Council
will then recess into Closed Session. Upon conclusion of the Closed Session, any action will be
announced.
Item 3a. Smartphone Application Overview Presentation. Staff from the City Manager's
Office will provide the City Council with an overview of the first phase of the City's smartphone
reporting application.
There will be a conference with legal counsel regarding two matters of existing litigation.
REGULAR MEETING - 5:15 p.m.
Item Sr. Resolutions regarding salaries and related benefits and resolutions modifying Em Iploye
Paid Member Contributions (EPMC) for Various Labor Groul2s. Recent negotiations have
resulted in tentative agreement with the Fire, Fire Supervisory, Police, Police Supervisory, and
Blue and White Collar labor units, pending Council approval. Certain components of the Blue
and White Collar unit settlements are traditionally applied to the Supervisory and
Management units. This item requests Council approval of five amendments to resolutions
that include salary adjustments and other components that have been agreed upon with the
various units. Approval is also requested for seven resolutions to modify the EPMC for
Firefighters and Engineers, Fire Supervisory, Blue and White Collar, Police Officers, Police
Supervisory, General Supervisory, and Management Units.
Items 8u -hh. Prooerty Acquisition Agreements with Various Pro°erty Owners for Thomas Road
Improvement Projects. These items are requests for Council approval of agreements with the
property owners for the acquisition of various properties for the Centennial Corridor, 24th Street
Widening and State Route 178 Widening Projects as part of the Thomas Roads Improvement
Program. The Centennial Corridor acquisitions fall under the early property acquisition
program, which allows property owners within the proposed Centennial Corridor route to
voluntarily sell and relocate if they wish.
"Rolen- al
and Berkshire Road, John Giumarra, Jr./4Js and R, LLC is proposing development of a
commercial center on approximately 80 acres located adjacent to Highway 99 between
Hosking Avenue and Berkshire Road. The GPA /Zone Change requires the preparation of an
EIR. The items for Council consideration include an agreement with the applicant for the
preparation of the EIR, an agreement with ICF International to prepare the EIR and an
appropriation to the Community Development Department's operating budget.
HEARINGS
Item 10a. Resolutions of Necessity (RONsj for the Highway 178 Widening Project. This item
requests adoption of 12 RONs to acquire partial interests in properties needed for this TRIP
project. There are a total of 12 properties included in this request, in a combination of partial
takings and temporary construction easements. In order to keep the project on schedule, this
action is necessary; however discussions with each property owner will continue.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - July 16, 2014 Council Meeting
Page 2
MEETING DATE: July 16, 2014 AGENDA SECTION: Workshops
ITEM: S.
TO: Honorable Mayor and City Council APPROVED
FROM: Chris Huot, Assistant to the City Manager DEPARTMENT HEAD
DATE: July 2, 2014 CITY ATTORNEY
CITY MANAGE
SUBJECT: Smartphone Application Overview Presentation
BACKGROUND: During the May 7, 2014 City Council meeting, Councilmember Smith
requested staff provide a presentation on the smartphone application at the time the
application was ready to be rolled out. The first phase of the application was recently
completed and is now available in the various Smartphone application stores for
download by users. The first phase includes the ability for users to report such issues as
graffiti, potholes, street light malfunctions and various parks related items. Future phases
of the application are currently under development. Staff will provide the Council with an
overview of the application and the reporting capabilities of the first phase.
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ADMINISTRATIVE REPORT
MEETING DATE: July 16, 2014 AGENDA SECTION: Closed Session
ITEM: !/,
TO:
FROM
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
July 7, 2014
APPROVED
DEPARTMENT HEAD 14;
CITY ATTORNEY t%`
CITY MANAGER
Conference with Legal Counsel — Existing Litigation
Closed session pursuant to Government Code section 54956.9(d) (1)
• Edward Colson v. City of Bakersfield
Kern County Superior Court Case No. S- 1500 -CV- 277378, DRL
• North Kern Water Storage District v. City of Bakersfield
Ventura County Superior Court Case No. 56 -201 1- 00408712- CU- CO -VTA
VG:Isc
S: \COUNCIL \CI Sess\ Admins \14- 15 \7- 16- 14EAstLit.docx
W A ADMINISTRATIVE REPORT
MEETING DATE: July 16, 2014 [;;�� SECTION: Presentations
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: June 30, 2014
APPROVED
DEPARTMENT HEA -
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Certificate of Appreciation to Daniel Rodriguez,
representing the law firm of Rodriguez & Associates, for providing sponsorship
funding to support the cooperative effort by the city, Keep Bakersfield Beautiful,
and the Bakersfield Homeless Center to remove litter along freeway frontages.
RECOMMENDATION:
BACKGROUND:
krt
July 1, 2014, 1:03PM
MEETING DATE: July 16, 2014 AGENDA SECTION: Presentations
ITEM: d,L,
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: June 30, 2014
APPROVED
DEPARTMENT HEA ft
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Certificate of Appreciation to Jon Price, on behalf
of Metropolitan Recycling, LLC, representing a conglomeration of local refuse
haulers, for sponsoring, over the past five years, $56,000 for the Greater Bakersfield
Green Expo, and $12,500 for the Great American Cleanup.
RECOMMENDATION:
BACKGROUND:
krt
July 1, 2014, 1:03PM
MEETING DATE: July 16, 2014 AGENDA SECTION: Presentations
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
June 30, 2014
APPROVED
DEPARTMENT HEAD�.-#/-�
CITY ATTORNEY
CITY MANAGER . r
Presentation by Mayor Hall of Proclamation to Dianne Hoover, Recreation and
Parks Director, City of Bakersfield, proclaiming July, 2014, as "Recreation and Parks
Month" and "Parks Make Life Better!® Month."
RECOMMENDATION:
BACKGROUND:
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June 30, 2014, 4:25PM
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ADMINISTRATIVE REPORT
LI 0
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
July 2, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER lz
Approval of Minutes of the June 25, 2014, Regular City Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
cAL1 0
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: X b.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD .�.'
DATE: June 26, 2014 CITY ATTORNEY 4Z
CITY MANAGER (W
SUBJECT: Receive and file department payments from June 13, 2014 to June 26,
2014 in the amount of $15,225,966.92 Self Insurance payments from
June 13, 2014 to June 26, 2014 in the amount of $699,982.39
totaling $15,925,949.31
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
June 26, 2014, 1:35PM
S:\Accounting\Dawn T\Admin - Council\2014 \COUNCIL - ADMIN- 2014\ADMIN —AP 07- 16- 14.doc
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ADMINISTRATIVE REPORT
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g . C,
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: June 24, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Zone Change 14 -0050 (Ward 3)
SmithTech USA, representing SB /RBLI Land Company (North Kern II), LLC, the property
owner, has applied for a zone change on 12.91 acres located at the southwest
corner of Coffee Road and future Etchart Road.
First reading of an ordinance amending the Official Zoning Map in Title 17 of the
Bakersfield Municipal Code by changing the zone district from R -2 /PUD (Limited
Multiple Family Dwelling /Planned Unit Development) zone to R -1 (One - Family
Dwelling) zone on 12.91 acres located at the southwest corner of Coffee Road and
Etchart Road. A previously adopted Negative Declaration for GPA /ZC 05 -1932
applies to this project. (ZC # 14 -0050 - SmithTech USA, representing SB /RBLI Land
Company (North Kern II), LLC) Ward 3.
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On April 3, 2014, the Planning Commission held an advertised public hearing on this zone
change request, and recommended adoption by the City Council. The zone change
request consists of changing the zone district from R -2 /PUD (Limited Multiple Family
Dwelling /Planned Unit Development) zone to R -1 (One - Family Dwelling) zone on 20.01 acres.
The reason for the request is to eliminate the Planned Unit Development zoning overlay, and
to provide single - family residential lots for the area. Under the existing R -2 /PUD zoning,
smaller (i.e. less than 6,000 square feet) single - family residential lots were proposed to be
developed. The site is currently undeveloped, and is proposed for development of single -
family residential homes. The request for R -1 zoning is consistent with the LMR (Low Medium
Density Residential) land use designation and the General Plan. No one spoke in opposition
to the project at the Planning Commission hearing.
The first reading of an ordinance amending the Official Zoning Map in Title 17 of the
Bakersfield Municipal Code was originally scheduled for the May 7, 2014 City Council
meeting. However, the applicant requested that the first reading be continued to a future
City Council meeting because they were considering reducing the zone change area. On
June 30, 2014, 4:46PM
PE/ S:IDanal4DMINS12014UULY17 -16 -0050 1.docx
June 3, 2014, the Planning Division received a letter from the owner of the property, SB /RBLI
Land Company (North Kern II), LLC, requesting a reduction of the zone change area from
20.01 acres to 12.91 acres. The reason given for the request is that the southern portion of
approximately 7.10 acres will change in ownership control, and the new owners have
requested that the zone district remain as R- 2 /PLID. Staff has determined that the
modification to the original zone change request will not require an additional Planning
Commission hearing because it results in a reduction in zone change area acreage.
Based upon the previously adopted Negative Declaration with mitigation measures for
GPA /ZC 05 -1932, staff has determined the proposed project will not significantly affect the
physical environment or existing residential development in the area. The adopted Negative
Declaration is adequate for this project.
June 30, 2014, 4:48PM
PE/ S:IDanalADM/NS12014UULY17 -16 -0050 1. docx
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ADMINISTRATIVE REPORT
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MEETING DATE: JULY 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
CITY ATTORNEY
DATE: June 25, 2014
CITY MANAGE
SUBJECT: Zone Change 14 -0130 (Ward 4 Upon Annexation)
Marino /Associates, representing CENVAL L.P., the property owner, has applied for
a zone change on 26.9 acres located at 15000 Stockdale Highway.
First reading of ordinance amending the Official Zoning Map in Title 17 of the
Bakersfield Municipal Code by changing the zone district from A (Agricultural
Zone) to P.C.D. (Planned Commercial Development Zone) to develop a mini -
storage /recreational vehicle storage facility on 26.9 acres located at 15000
Stockdale Highway. A previously adopted Negative Declaration applies to this
project. (ZC #14-0130- Marino /Associates representing CENVAL L.P.)
Staff recommends first reading of the ordinance.
BACKGROUND:
On June 5, 2014, the Planning Commission held an advertised public hearing on this zone
change request, and recommended adoption by the City Council. The zone change
request consists of changing the zone district from A (Agricultural Zone) to P.C.D. (Planned
Commercial Development Zone) on 26.9 acres. The reason for the request is to allow for the
development of a mini - storage /recreational vehicle storage facility.
No one spoke in opposition to the project at the Planning Commission hearing.
The undeveloped project site, designated GC (General Commercial) under the Metropolitan
Bakersfield General Plan, is currently in the process of annexation to the City of Bakersfield.
Conditions of approval addressing landscaping, perimeter walls, signage and site lighting are
recommended.
A Negative Declaration was adopted by the Board of Supervisors of the County of Kern on
December 13, 2005, in conjunction with the approval of General Plan Amendment Case No. 5,
July 1, 2014, 1:31 PM
PH / S:IDanaIADMINS12014WULY17 -16 -0130 1.doc
ADMINISTRATIVE REPORT
Zone Change Case No. 22, Conditional Use Permit No. 11, and Zone Variance Case No. 5 (Map
No. 101 -34). This Negative Declaration is adequate for the current project. Significant
environmental effects were identified in the Negative Declaration; compliance with local
ordinances, state laws, construction to the standards of the Uniform Building Codes, and with
the adopted mitigation measures would reduce environmental effects to a less than significant
level.
Staff recommends first reading of the zone change.
July 1, 2014, 1:31 PM
PH / S:IDanaI4DMINS120141JULY17 -16 -0130 1. doc
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM:
DATE:
SUBJECT:
Alan Tandy, City Manager
June 17, 2014
DEPARTMENT HEAD
CITY ATTORNI
CITY MANAGI
Resolution of the City Council of the City of Bakersfield adopting
and Grievance Procedure as required under the Americans with
RECOMMENDATION:
Staff recommends adoption of the resolution, public notice and grievance procedure.
BACKGROUND:
e
The Americans with Disabilities Act (ADA) of 1990 consists of five (5) titles. Title Il prohibits
discrimination by state and local governments and requires that they ensure all facilities,
services, and information provided are accessible to persons with disabilities. Public
entities must reasonably modify their rules, policies, and procedures to avoid
discriminating against people with disabilities 28 C.F.R. § 35.130(b) (7). Enforcement of
the ADA is the responsibility of the U.S. Department of Justice.
In order for the City of Bakersfield to comply with ADA regulations the following criteria
must be met under Title II of ADA.
1. Public Notice- Local Governments are required to adopt and publish a Public
Notice about the ADA. The notice should be posted in public areas and at public
sites. The Public Notice notifies citizens that the City complies with ADA standards.
2. Grievance Procedure- Local governments are also required to adopt and publish
procedures for resolving grievances arising under Title II of the ADA. Grievance
procedures set out a system for resolving complaints of disability discrimination in
a prompt and fair manner.
The above Public Notice and Grievance Procedure are based upon the Department of
Justice's model ADA Public Notice and Grievance Procedure. The model is widely used
by municipalities who comply with ADA regulations.
u
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ADMINISTRATIVE REPORT
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM:
DATE:
SUBJECT:
Virginia Gennaro, City Attorney
July 8, 2014
DEPARTMENT HEAD GLZ ---
CITY ATTORNEY r
CITY MANAGER
A Resolution in Support of Assembly Bill No. 1513 Regarding Squatters
RECOMMENDATION:
Staff recommends support of Assembly Bill No. 1513.
BACKGROUND:
At Councilmember Rivera's request, the attached is a Resolution in support of Assembly Bill No.
1513 introduced by Assembly Member Steve Fox.
The Great Recession resulted in a large number of people walking away from their mortgages
and leaving the houses vacant. Vacant houses became an issue throughout the state, as it
would lead to eyesores in the neighborhood and squatters would take up residence in vacant
houses. While the number of vacant houses has definitely reduced in recent years, squatters
occupying vacant structures are still a problem throughout the state. Under existing law,
evicting squatters can take a minimum of 30 days and requires going to court.
Assembly Bill 1513 seeks to provide property owners with an additional tool to remove squatters
from residential properties. If passed, Assembly Bill No. 1513 will create a pilot project that allows
property owners in Palmdale and Lancaster to declare residential property to be vacant and
register it with local law enforcement. Any subsequent squatters found at the registered
property will be subject to arrest for trespassing.
While Assembly Bill 1513 has good intentions, there are some deficiencies with the current
language that need to be cured before the City would want to participate. The benefit of the
bill passing with only two pilot cities is that practical and legal problems can be dealt with on a
smaller scale before expanding the project statewide.
It is recommended that the City of Bakersfield support the adoption of this Bill.
RI:lsc
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MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: July 2, 2014
SUBJECT: Grant Assistance Program
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
,r ,1
CITY MANAGER
1. A resolution authorizing the Bakersfield Police Department (BPD) to accept
funding in the amount of $58,318.00, made available through the Grant Assistance
Program (GAP) of the California Department of Alcoholic Beverage Control (ABC).
2. Appropriate $58,318.00 State Grant Revenues [FY2014 -15 Grant Assistance
Program (GAP) from the State Office of Alcoholic Beverage Control (ABC)] to the
General Fund Police Operating Budget
RECOMMENDATION: Staff recommends approval of the proposed resolution and appropriation.
BACKGROUND:
The City of Bakersfield has received notification from the ABC that a grant in the amount of
$58,318.00 has been awarded to the BPD under the Grant Assistance Program (GAP). The grant
funds under the ABC GAP program will fund, in part, the joint operations of the BPD / Kern
County Sheriff's Office Joint Vice Task Force (JVTF) to conduct undercover surveillances and
investigations; and conduct minor decoy and shoulder tap operations.
To accept the grant and execute Grant Contract #I 4G-LA02, the ABC requires a resolution from
the City Council accepting the grant funds. This resolution will serve to satisfy this requirement.
The Bakersfield Police Department also requests that the grant funding ($58,318.00) be
appropriated into the General Fund Police Operating Budget for ABC grant operations.
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MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: $ . h .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD L
DATE: July 1, 2014 CITY ATTORNEY
CITY
SUBJECT: Resolution determining that Bioxide®, a proprietary chemical for sewer odor
control and reduction of sulfide gas levels, cannot be reasonably obtained
through the usual bidding procedures and authorizing the Finance Director to
dispense with bidding thereof for a period of one (1) year, not to exceed the
budgeted amount of $800,000. (City Wide)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Some areas of Southwest, Northwest and Northeast Bakersfield experience
continuing odor problems from the sewer trunk lines thus creating a nuisance to residents and
businesses. Nuisance odors are a violation of the San Joaquin Unified Air Pollution Control
District (District) policies and can be punishable by a fine. The City has previously received a
warning from the District to alleviate the nuisance odors and reduce the high levels of sulfide
gas found in the sewer system, or face a fine by the District. Bioxide® has proven itself to be
compatible with the City Wastewater secondary treatment process and is environmentally
sound.
Due to the proprietary nature of Bioxide® and the need to continually inject Bioxide® to
control odors in the sewer trunk lines, staff is recommending adoption of the Resolution to
dispense with bidding for Bioxide® and authorizing the purchase of BioxideO from the sole
supplier, Evoqua Water Technologies LLC (formerly known as Siemens Water Technologies) on
a continuing basis in amounts to meet the City's requirements, not to exceed the budgeted
amount of $800,000.
If at any time it is determined that other products or more effective products are available,
staff will re- evaluate the sole source designation of Bioxide® and will seek competitive pricing
to insure the best interests of the City are met. Funds for the purchase are in the 2014 -2015
adopted budget within the Wastewater Enterprise Fund.
Purchasing Division
SAPurchasingTURCHWDMINWdmin 14- 15\Bioxide Sole Source Resolution, July 16, 2014.docx
July 1, 2014, 1:00PM
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MEETING DATE: July 16, 2014 19�t SECTION: Consent Calendar
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Public Works Director DEPARTMENT HEAD
DATE: June 30, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Emergency digester cleaning of Digester No. 4 at Wastewater Treatment Plant 2
(Ward 1):
1. A Resolution Dispensing with Bidding Procedures due to Emergency Cleaning
of Digester No. 4 at Wastewater Treatment Plant 2, (not to exceed $55,000).
2. Approval of Amendment No. 1 to Agreement No. PW 14 -132 with Wastewater
Solids Management for digester cleaning at Wastewater Treatment Plant 2.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of amendment.
BACKGROUND: The Public Works Department approved agreement PW14 -132 with
Wastewater Solids Management Company for $40,000 on May 27, 2014 to clean digester #4
at Wastewater Treatment Plant 2. The invoice exceeds the total costs approved by $14,403.04
because digester #4 had not been cleaned since originally constructed in 1998 and the
extent of the required additional cleaning was not initially visible due to the sludge layers in the
digester.
Plant 2 has three digesters available for use at the plant. Cleaning of digester #4 was fast -
tracked because one of the three digesters was already down and staff was experiencing
difficulty in getting another digester back online. A department agreement for $40,000 was
completed to cover any contingencies over the $31,000 estimated cost for cleaning the
digester. However, because the digester had not been cleaned since 1998, the cleaning and
maintenance work was more than originally anticipated.
The cost overrun was necessary in this rare instance because:
• Digester #4 is a larger digester unit that is critical to have online to treat sludge.
• Plant 2 was down to one functioning digester. Plant permit limits are negatively
impacted by long -term use of operating only one digester.
• Staff was unsure of the timing of when the other offline digester would be back as
two unsuccessful re -start attempts had already been made. Therefore, returning
digester #4 to service was critical.
RP /WW Div
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ADMINISTRATIVE REPORT
• Staff authorized the contractor to continue work on the digester once the $40,000
compensation limit was reached because the City would have incurred additional
costs for demobilization and remobilization. In addition, the work was of critical
nature for Plant operations.
• Lack of sufficient digestion of sludge results in higher electrical costs because
cogeneration units cannot be utilized without the methane gas from digestion of
sludge.
Council will be making a finding that the work performed by Wastewater Solids Management
was of urgent necessity for the preservation of life, health or property with approval of this
amendment and resolution thereby allowing the dispensing of bidding requirements as set
forth in Section 136 of the City Charter and Section 3.20.060 of the Bakersfield Municipal Code.
Sufficient funds are budgeted for award of this contract. There is no General Fund impact with
this amendment.
RP /WW Div
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ADMINISTRATIVE REPORT
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MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g ,
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: June 13, 2014
SUBJECT: Sewer connection fee assessment (Ward 7):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Resolution confirming assessment for sewer connection fee and authorizing
the collection of assessments by the Kern County Tax Collector.
2. Agreement with Ricardo Lopez Gonzalez, 2516 Clara Court, to pay sewer
connection fee through the Kern County Taxes. A notice of special
assessment lien will be placed on the property.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement.
BACKGROUND: The owner of the property at 2516 Clara Court desires to connect the
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 spread 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. 4433, dated May
23, 2007, authorizes the Kern County Tax Collector to collect the connection fee in eight equal
payments over the next eight years.
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June 13, 2014, 4:21 PM
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ADMINISTRATIVE REPORT
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MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: 3 ,
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: June 16, 2014
SUBJECT: Sewer connection fee assessment (Ward 7):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGERZ�W
1. Resolution confirming assessment for sewer connection fee and authorizing
the collection of assessments by the Kern County Tax Collector.
2. Agreement with Timothy W & Anna M Lee, 5117 Centaur Street, to pay the
sewer connection fee 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 5117 Centaur Street desire to connect the
property to the City sewer system. The property owners claim 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 spread 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. 4433, dated May
23, 2007, authorizes the Kern County Tax Collector to collect the connection fee in eight equal
payments over the next eight years.
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June 16, 2014, 3:31 PM
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° ADMINISTRATIVE REPORT
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: F. I
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Public Works Director DEPARTMENT HEAD
DATE: July 1, 2014 CITY ATTORNEY
1
CITY MANAGER
SUBJECT: Resolution to add Area 4 -124 (NWC of 20th & V Streets) to the Consolidated
Maintenance District and approving, confirming, and adopting the Public Works
Director's Report. (Ward 2)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: On June 25, 2014, the Council adopted Resolution of Intention No. 1800 to add
the above territory to the Consolidated Maintenance District as required by Section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of parks and /or street landscaping. The area 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 this territory 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.
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ADM INIST ATIVE REPORT
Page 2
This Resolution is the Public Works Director's annual report to the City Council which includes a
recommended increase in the current park development fee. Staff recommends increasing
the current $1,750 per dwelling unit fee to $1,825 per dwelling unit (4.29% increase). This
increase is based on the 4.43% increase in the Construction Cost Index (CCI) for the
applicable time - frame. This time -frame is based upon the index as of the last fee increase
compared to the index as of June 2014. The difference between the proposed fee increase of
4.29% and the increase of 4.43% in the CCI is due to rounding. Recreation and Parks
Department staff has reviewed the updated costs of developing a typical 10 acre park and
has no objections to the adjusted park development fee.
The park development fee was last adjusted in June 2013.
Informational notices were mailed to the Homebuilders Association of Kern County, the
American Institute of Architects, and North Bakersfield Recreation and Parks District.
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MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: $, m.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Public Works Director
July 1, 2014
APPROVED
DEPARTMENT HEAD 4---
CITY ATTORNEY
CITY MANAGER
Resolution of Intention No. 1799 to order the vacation of a portion of 17th Place
alley, within Block 269, between N Street and O Street (Ward 2).
RECOMMENDATION: Staff recommends adoption of Resolution of Intention.
BACKGROUND: The property owner, 17th & O Investment Co. LP., is requesting the vacation of
a portion of 17th Place alley, within Block 269, between N Street and O Street for development
purposes.
The City Fire, Police, Public Works, and Community Development Department 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 City sewer or storm drain facilities in the proposed vacation.
The utility companies serving the area have been notified by mail. Utilities are located in the
portion of the alley to be vacated; therefore, a 20 -foot Public Utility Easement and Sewer
Easement will be reserved.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of
the proposed vacation. 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 June 17, 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
August 13, 2014.
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ADMINISTRATIVE REPORT
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MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: 3. 11.
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Public Works Director DEPARTMENT HEAD
DATE: June 20, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention # 1802 calling a public hearing to determine whether
public necessity, health, safety or welfare requires formation of an underground
utility district within designated area - District No. 2, Division 36 (Stine Road,
Panama Lane to Ryzona Street) - (Wards 6 and 7)
RECOMMENDATION: Staff recommends adoption of resolution of intention.
BACKGROUND: This resolution of intention is necessary in order to comply with the City
Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. The
formation of this district will require that all affected utility companies remove the overhead
lines on Stine Road between Panama Lane and Ryzona Street and place them underground.
The district encompasses Stine Road between Panama Lane and Ryzona Street and the
parcels with direct frontage on this section of Stine Road.
As a part of the undergounding process, any existing overhead facilities for communication
and electric services are converted to underground services. These costs are paid for through
Rule 20A Funds, not out of any city funding sources. Rule 20A allocates up to $1,500 per
service entrance excluding permit fees for this conversion.
The Resolution of Intention sets the date of August 13, 2014 for the protest hearing.
mps
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10
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: $', D .
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director DEPARTMENT HEAD
APPROVED
DATE: June 23, 2014 CITY ATTORNEY N
CITY MANAGER 4V
SUBJECT: Resolution of Intention #1803 calling a public hearing to determine whether
public necessity, health, safety or welfare requires formation of an underground
utility district within designated area - District No. 2, Division 37 (20th Street,
between "V" Street and its western terminus approximately 578 feet west of "V"
Street) - (Ward 2)
RECOMMENDATION: Staff recommends adoption of resolution of intention.
BACKGROUND: This resolution of intention is necessary in order to comply with the City
Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. The
formation of this district will require that all affected utility companies remove the overhead
lines on 20th Street, between the "V" Street and its western terminus approximately 578 feet
west of "V" Street and place them underground. The district encompasses 20th Street,
between the "V" Street and its western terminus approximately 578 feet west of "V" Street,
including the alley north of 20th Street and the parcels with direct frontage on this section of
20th Street.
As a part of the undergounding process, any existing overhead facilities for communication
and electric services are converted to underground services. These costs are paid for through
Rule 20A Funds, not out of any city funding sources. Rule 20A allocates up to $1,500 per
service entrance excluding permit fees for this conversion.
The Resolution of Intention sets the date of August 13, 2014 for the protest hearing.
mps
June 25, 2014, 11:56AM
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0
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: June 23, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention #1804 calling a public hearing to determine whether
public necessity, health, safety or welfare requires formation of an underground
utility district within designated area - District No. 2, Division 38 (34th Street -
Chester Avenue to Union Avenue) - (Ward 2)
RECOMMENDATION: Staff recommends adoption of resolution of intention.
BACKGROUND: This resolution of intention is necessary in order to comply with the City
Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. The
formation of this district will require that all affected utility companies remove the overhead
lines on 34th Street between Chester Avenue and Union Avenue and place them
underground. The district encompasses 34th Street between Chester Avenue and Union
Avenue and the parcels with direct frontage on this section of 34th Street.
As a part of the undergounding process, any existing overhead facilities for communication
and electric services are converted to underground services. These costs are paid for through
Rule 20A Funds, not out of any city funding sources. Rule 20A allocates up to $1,500 per
service entrance excluding permit fees for this conversion.
The Resolution of Intention sets the date of August 13, 2014 for the protest hearing.
mps
G: \GROUPDAT\ADMINRPT\2014 \07 -16 \Underground Utility District 2 -38 ROI.docx
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Public Works Director DEPARTMENT HEAD
DATE: July 1, 2014 CITY ATTORNEY �Z
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 # 1805 to add Area 3 -93 (NWC of Berkshire Rd. & Old River Rd.) - Ward 5
2. ROI # 1806 to add Area 5 -70 (SWC of E. White Ln. & Cottonwood Rd.) - Ward 1
RECOMMENDATION: Staff recommends adopting the Resolutions of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be Included Into the Consolidated Maintenance District as required by section 13.04.021 of
the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territories be added to the Consolidated Maintenance District at the
next City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This
allows the City to expedite the maintenance district process to satisfy the subdivision requirement.
The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the Inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling
unit, a covenant has been drafted and will be recorded with the Kern County Assessor- Recorder's
Office upon approval of this Resolution.
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MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Christi Tenter, Human Resources Manager DEPARTMENT HEAD
DATE: July 1, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: 1. Amendment No. 3 to Resolution 079 -13 approving the Memorandum of
Understanding for employees of the Blue and White Collar Units and adopting
salary schedule and related benefits.
2. Resolution Modifying Paying and Reporting the Value of Employer Paid Member
Contributions with Time -In -Grade Exceptions for Blue and While Collar Units.
3. Amendment No. 3 to Resolution 080 -13 setting salaries and related benefits for
officers and employees of the General Supervisory, Police Supervisory and
Management Units.
4. Resolution Modifying Paying and Reporting the Value of Employer Paid Member
Contributions with Time -In -Grade Exceptions for General Supervisory and
Management Units.
5. Resolution Modifying Paying and Reporting the Value of Employer Paid Member
Contributions with Time -In -Grade Exceptions for Police Safety Management
Classifications.
6. Resolution Modifying Paying and Reporting the Value of Employer Paid Member
Contributions with Time -In -Grade Exceptions for Fire Safety Management
Classifications.
7. Resolution Modifying Paying and Reporting the Value of Employer Paid Member
Contributions with Time -In -Grade Exceptions for Police Safety Supervisory
(Sergeants) Classification.
8. Amendment No. 1 to Resolution 150 -13 approving the Memorandum of
Understanding setting salaries and related benefits for the employees of the
Bakersfield Police Officers Association (BPOA).
9. Resolution Modifying Paying and Reporting the Value of Employer Paid Member
Contributions with Time -In -Grade Exceptions for Police Safety Classifications.
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ADMINISTRATIVE REPORT
10. Amendment No. 1 to Resolution 078 -13 approving the Memorandum of
Understanding setting salaries and related benefits for the Fire Supervisory Unit of
the Fire Department of the City of Bakersfield.
11. Amendment No. 1 to Resolution 077 -13 approving the Memorandum of
Understanding setting salaries and related benefits for the Firefighters and Engineers
Unit of the Fire Department of the City of Bakersfield.
12. Resolution Modifying Paying and Reporting the Value of Employer Paid Member
Contributions with Time -In -Grade Exceptions for Fire Safety and Fire Supervisory
Classifications.
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND:
These Resolutions intend to modify established wages and benefits provided to employees of the
City of Bakersfield as the result of established Memorandum of Understandings and on -going
negotiations with unit representation.
In 2013 agreements were approved for the Blue and While Collar Unit and Fire Units which
provided re- opener discussions in 2014 for pension and salary only. In addition, the MOU with
BPOA expired on June 30, 2014 and discussions have been on -going in attempts to reach a
successor agreement. The result of these processes, in accumulation with established salary
catch -up language for the safety groups and an acceptance by both Police and Fire to assume
additional pension cost sharing has resulted in the following modifications:
Blue and White Collar Units, General Supervisory, and Management Units -
1.5% COLA to all covered classifications within the units effective July 14, 2014.
Employees in the units, who were hired prior to January 1, 2013, have agreed to
contribute 0.5% towards their pension costs effective July 14, 2014. This action is
consistent with the intent of the Public Employees' Pension Reform Act of 2013
(PEPRA) and furthers the City Councils desire to incrementally increase the pension
contributions made by City employees. Note that employees hired after January 1,
2013 are making pension contributions pursuant to pension reform.
Fire Safety and r Fire Supervisory Police Supervisory (Sergeants) and Bakersfield Police Officers
Association Units -
2.5% COLA to all covered classifications within the units effective July 14, 2014.
Employees in the units, who were hired prior to January 1, 2011, have agreed to
apply an additional 0.5% towards the cost of their pensions, for a total contribution
of 1.0 %, effective July 14, 2014. This action is consistent with the intent of the Public
Employees' Pension Reform Act of 2013 (PEPRA) and furthers the City Councils
desire to incrementally increase the pension contributions made by City
ADMINISTRATIVE REPORT
employees. Note that employees hired prior to January 1, 2011 are making pension
contributions pursuant to Measure D and pension reform.
Approval of the attached Resolutions are necessary in order to facilitate the change in paying
and reporting the employee pension contributions and are a requirement of the Public
Employees' Retirement System (PERS) and to facilitate an amendment to the established salary
schedule.
O�BAKE
�TpRPOR�T� RSA
ADMINISTRATIVE REPORT
LI 0
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g. S
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
July 1, 2014
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
A Five -Year Enterprise License Agreement with CompuCom Systems, In ., tp provide
Microsoft Licenses for 1386 City Computers in the amount of $325,000.
RECOMMENDATION: Staff recommends approval of the purchase
BACKGROUND: On July 15, 2009, the Council approved a five year Enterprise Agreement (Contract No.
09 -087) with Microsoft Corporation that allows the City to install the latest version of Microsoft products on
City computers. The agreement covered server and desktop software that is used for producing letters
and spreadsheets and for running the City's Servers, databases and website.
The original five -year agreement will expire on 31 July 2014. This agreement renews the Enterprise
agreement for another five -year term. In accordance with the original agreement the City inventories all
Microsoft licenses being utilized during the year and pay for only those licenses being used. This past
year the city added servers, had an increase in desktop software and various applications. Microsoft also
changed some of their licensing models for servers to take advantage of newer technologies available.
The cost of licensing Microsoft products last year totaled $345,409.06. The cost of licenses being used
this fiscal year is a total of $325,000.00. This amount is available in the Information Technology operating
budget.
BA
OF ycov0
ADMINISTRATIVE REPORT
0
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: S
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: June 26, 2014
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Agreement with David L. Nielsen and Christine R. Nielsen, trustees of The David & Christine
Nielsen Family Trust to purchase real property at 423 Truxtun Avenue ($235,000) for the
Amtrak Parking Lot Expansion Project (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
On March 19, 2014, the City Council approved the receipt of a Public Transportation Modernization,
Improvement, and Service Enhancement Act grant in the amount $2,700,000. The City received this grant
through the efforts of the Kern Council of Governments. The grant monies will be used to expand the
existing Amtrak parking lot. It will be necessary for the City to acquire four properties to complete this
project.
The property proposed for acquisition is second of the four properties needed for the project. The property
is located at 423 Truxtun Avenue, directly to the north of the current Amtrak parking lot and consists of a
1,530 square foot office building on a 5,520 square foot lot. The purchase price of $235,000 represents
the property's fair market value as established by an appraisal prepared by Michael Burger and
Associates. The property is leased to Wood & Randall, a court reporting service and the City is currently
providing relocation assistance to them.
The acquisition has been determined to be consistent with the Metropolitan Bakersfield 2010 General Plan
and staff recommends approval of the purchase.
June 26, 2014, 8:16AM
CAUsers \rwi1liams \Desktop\423 admin final.doc
DMA/s
BA
O��,eowo��r R
ADMINISTRATIVE REPORT
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: $', U
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 19, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Odessa M. Powers, Trustee of the Odessa M. Powers Trust, dated
October 2, 1996 to purchase real property located at 4515 Charter Oaks Avenue
for $214,000 for the Centennial Corridor 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 construct the Centennial Corridor Project. The Centennial Corridor will connect
the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway
north of Truxtun Avenue. The property being purchased consists of a single family residence.
The purchase price of $214,000 is the property's fair market value as established by an
appraisal prepared by Merriman Hurst and Associates, 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. 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.
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.
Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund
and is part of the $165 million authorized by CalTrans and appropriated by the City Council on
March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program
were approved by CalTrans at 100% federal funding with no local match requirement for this
Admin - Purchase Agmt - Powers Trust
6/19/2014
DMA
C BA
ee4
ADMINISTRATIVE REPORT
c
phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit"
is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge.
It refers to an alternate definition of the word that means "to lead or attract to a desired
point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars
sooner and gets the project further along with less need of local dollars. As a result, the future
construction phase of the Centennial project will carry a higher local match percentage than
it would have without the toll credits being approved. The end result is that we will still spend
the same amount of Federal and local dollars to project completion as we would have
without toll credits, but using toll credits allows us to spend the Federal money first and the
local dollars later.
The Centennial Corridor Project has 199 single family residential properties. This is the second
of the 199 single family residential properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Powers Trust
6/19/2014
DMA
11A
ti
ADMINISTRATIVE REPORT
i+qr,
1
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: 3, V
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 20, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Dudley and Edna Drake, Trustees under Trust dated January 31,
1989 to purchase real property located at 4415 Kensington Avenue for $268,000 for
the Centennial Corridor 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 construct the Centennial Corridor Project. The Centennial Corridor will connect
the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway
north of Truxtun Avenue. The property being purchased consists of a single family residence.
The purchase price of $268,000 is the property's fair market value as established by an
appraisal prepared by Merriman Hurst and Associates, 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. 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.
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.
Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund
and is part of the $165 million authorized by CalTrans and appropriated by the City Council on
March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program
were approved by CalTrans at 100% federal funding with no local match requirement for this
Admin - Purchase Agmt - Drake Trust
6/20/2014
CGW
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ADMINISTRATIVE REPORT
phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit"
is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge.
It refers to an alternate definition of the word that means "to lead or attract to a desired
point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars
sooner and gets the project further along with less need of local dollars. As a result, the future
construction phase of the Centennial project will carry a higher local match percentage than
it would have without the toll credits being approved. The end result is that we will still spend
the some amount of Federal and local dollars to project completion as we would have
without toll credits, but using toll credits allows us to spend the Federal money first and the
local dollars later.
The Centennial Corridor Project has 199 single family residential properties. This is the third of
the 199 single family residential properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Drake Trust
6/20/2014
CGW
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0
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g, Lij
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 26, 2014 CITY ATTORNEY
CITY MANAGER �2z
SUBJECT: Agreement with Ernest and Deborah Flippin to purchase real property located at
500 Malibu Court for $238,000 for the Centennial Corridor 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 construct the Centennial Corridor Project. The Centennial Corridor will connect
the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway
north of Truxtun Avenue. The property being purchased consists of a single family residence.
The purchase price of $238,000 is the property's fair market value as established by an
appraisal prepared by Merriman Hurst and Associates, 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. 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.
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.
Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund
and is part of the $165 million authorized by CalTrans and appropriated by the City Council on
March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program
were approved by CalTrans at 100% federal funding with no local match requirement for this
Admin - Purchase Agmt - Flippin
6/26/2014
CGW
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0
phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit"
is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge.
It refers to an alternate definition of the word that means "to lead or attract to a desired
point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars
sooner and gets the project further along with less need of local dollars. As a result, the future
construction phase of the Centennial project will carry a higher local match percentage than
it would have without the toll credits being approved. The end result is that we will still spend
the same amount of Federal and local dollars to project completion as we would have
without toll credits, but using toll credits allows us to spend the Federal money first and the
local dollars later.
The Centennial Corridor Project has 199 single family residential properties. This is the fourth of
the 199 single family residential properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Flippin
6/26/2014
CGW
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MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: X
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
June 26, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Agreement with Joyce Ferguson to purchase real property located at 2 Morrison
Street for $140,000 for the Centennial Corridor 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 construct the Centennial Corridor Project. The Centennial Corridor will connect
the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway
north of Truxtun Avenue. The property being purchased consists of a single family residence.
The purchase price of $140,000 is the property's fair market value as established by an
appraisal prepared by Dallis Higdon and Associates, 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. 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.
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.
Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund
and is part of the $165 million authorized by CalTrans and appropriated by the City Council on
March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program
were approved by CalTrans at 100% federal funding with no local match requirement for this
phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit"
Admin - Purchase Agmt - Ferguson
6/26/2014
CGW
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ADMINISTRATIVE REPORT
0
is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge.
It refers to an alternate definition of the word that means "to lead or attract to a desired
point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars
sooner and gets the project further along with less need of local dollars. As a result, the future
construction phase of the Centennial project will carry a higher local match percentage than
it would have without the toll credits being approved. The end result is that we will still spend
the same amount of Federal and local dollars to project completion as we would have
without toll credits, but using toll credits allows us to spend the Federal money first and the
local dollars later.
The Centennial Corridor Project has 199 single family residential properties. This is the fifth of
the 199 single family residential properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Ferguson
6/26/2014
CGW
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MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: June 27, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER '
SUBJECT: Agreement with Melba F. Stanczak, Trustee UTD April 19, 1995 of the Melba F.
Stanczak Trust to purchase real property located at 4508 Woodlake Drive for
$273,000 for the Centennial Corridor 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 construct the Centennial Corridor Project. The Centennial Corridor will connect
the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway
north of Truxtun Avenue. The property being purchased consists of a single family residence.
The purchase price of $273,000 is the property's fair market value as established by an
appraisal prepared by Merriman Hurst and Associates, 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. 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.
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.
Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund
and is part of the $165 million authorized by CalTrans and appropriated by the City Council on
March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program
were approved by CalTrans at 100% federal funding with no local match requirement for this
Admin - Purchase Agmt - Stanczak Trust
6/27/2014
CGW
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ADMINISTRATIVE REPORT
C '4+WW iL
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phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit"
is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge.
It refers to an alternate definition of the word that means "to lead or attract to a desired
point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars
sooner and gets the project further along with less need of local dollars. As a result, the future
construction phase of the Centennial project will carry a higher local match percentage than
it would have without the toll credits being approved. The end result is that we will still spend
the same amount of Federal and local dollars to project completion as we would have
without toll credits, but using toll credits allows us to spend the Federal money first and the
local dollars later.
The Centennial Corridor Project has 199 single family residential properties. This is the sixth of
the 199 single family residential properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Stanczak Trust
6/27/2014
CGW
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ADMINISTRATIVE REPORT
9 !FO
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /Vl�
DATE: July 1, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Scott and Hortencia Strickland to purchase real property located
at 4200 Hillsborough Drive for $316,000 for the Centennial Corridor 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 construct the Centennial Corridor Project. The Centennial Corridor will connect
the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway
north of Truxtun Avenue. The property being purchased consists of a single family residence.
The purchase price of $316,000 is the property's fair market value as established by an
appraisal prepared by Dallis Higdon and Associates, 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. 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.
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.
Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund
and is part of the $165 million authorized by CalTrans and appropriated by the City Council on
March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program
were approved by CalTrans at 100% federal funding with no local match requirement for this
Admin - Purchase Agmt - Strickland
7/1/2014
CGW
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0
phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit"
is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge.
It refers to an alternate definition of the word that means "to lead or attract to a desired
point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars
sooner and gets the project further along with less need of local dollars. As a result, the future
construction phase of the Centennial project will carry a higher local match percentage than
it would have without the toll credits being approved. The end result is that we will still spend
the some amount of Federal and local dollars to project completion as we would have
without toll credits, but using toll credits allows us to spend the Federal money first and the
local dollars later.
The Centennial Corridor Project has 199 single family residential properties. This is the seventh
of the 199 single family residential properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Strickland
7/1/2014
CGW
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MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: F, a
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
AAL
DATE: July 1, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Rosa Elena Cahue to purchase real property located at 4312
Kentfield Drive for $284,000 for the Centennial Corridor 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 construct the Centennial Corridor Project. The Centennial Corridor will connect
the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway
north of Truxtun Avenue. The property being purchased consists of a single family residence.
The purchase price of $284,000 is the property's fair market value as established by an
appraisal prepared by Dallis Higdon and Associates, 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. 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.
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.
Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund
and is part of the $165 million authorized by CalTrans and appropriated by the City Council on
March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program
were approved by CalTrans at 100% federal funding with no local match requirement for this
Admin - Purchase Agmt - Cahue
7/1/2014
CGW
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9�10
phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit"
is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge.
It refers to an alternate definition of the word that means "to lead or attract to a desired
point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars
sooner and gets the project further along with less need of local dollars. As a result, the future
construction phase of the Centennial project will carry a higher local match percentage than
it would have without the toll credits being approved. The end result is that we will still spend
the some amount of Federal and local dollars to project completion as we would have
without toll credits, but using toll credits allows us to spend the Federal money first and the
local dollars later.
The Centennial Corridor Project has 199 single family residential properties. This is the eighth of
the 199 single family residential properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Cahue
7/1/2014
CGW
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MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ,!�f'
DATE: July 1, 2014 CITY ATTORNEY
CITY MANAGER V
SUBJECT: Agreement with Betty Woodard Smith, Trustee of the Betty Woodard Smith Trust
dated June 1, 2011 to purchase real property located at 4208 Hillsborough Drive
for $288,000 for the Centennial Corridor 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 construct the Centennial Corridor Project. The Centennial Corridor will connect
the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway
north of Truxtun Avenue. The property being purchased consists of a single family residence.
The purchase price of $288,000 is the property's fair market value as established by an
appraisal prepared by Dallis Higdon and Associates, 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. 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.
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.
Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund
and is part of the $165 million authorized by CalTrans and appropriated by the City Council on
March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program
were approved by CalTrans at 100% federal funding with no local match requirement for this
Admin - Purchase Agmt - Smith Trust
7/1/2014
CGW
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ADMINISTRATIVE REPORT
phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit"
is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge.
It refers to an alternate definition of the word that means "to lead or attract to a desired
point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars
sooner and gets the project further along with less need of local dollars. As a result, the future
construction phase of the Centennial project will carry a higher local match percentage than
it would have without the toll credits being approved. The end result is that we will still spend
the same amount of Federal and local dollars to project completion as we would have
without toll credits, but using toll credits allows us to spend the Federal money first and the
local dollars later.
The Centennial Corridor Project has 199 single family residential properties. This is the ninth of
the 199 single family residential properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Smith Trust
7/1/2014
CGW
o.,Rs
U d ADMINISTRATIVE REPORT
0
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: ?.cc.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: July 2, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Richard and Judith McMullen to purchase real property located
at 4404 La Mirada Drive for $296,000 for the Centennial Corridor 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 construct the Centennial Corridor Project. The Centennial Corridor will connect
the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway
north of Truxtun Avenue. The property being purchased consists of a single family residence.
The purchase price of $296,000 is the property's fair market value as established by an
appraisal prepared by Merriman Hurst and Associates, 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. 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.
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.
Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund
and is part of the $165 million authorized by CalTrans and appropriated by the City Council on
March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program
were approved by CalTrans at 100% federal funding with no local match requirement for this
Admin - Purchase Agmt - McMullen
7/2/2014
CGW
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ADMINISTRATIVE REPORT
9LIF0
phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit"
is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge.
It refers to an alternate definition of the word that means "to lead or attract to a desired
point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars
sooner and gets the project further along with less need of local dollars. As a result, the future
construction phase of the Centennial project will carry a higher local match percentage than
it would have without the toll credits being approved. The end result is that we will still spend
the same amount of Federal and local dollars to project completion as we would have
without toll credits, but using toll credits allows us to spend the Federal money first and the
local dollars later.
The Centennial Corridor Project has 199 single family residential properties. This is the tenth of
the 199 single family residential properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - McMullen
7/2/2014
CGW
BA .
ADMINISTRATIVE REPORT
L
1
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_
DATE: July 2, 2014 CITY ATTORNEY N* —
CITY MANAGER
SUBJECT: Agreement with Marguerite M. Smith, Trustee of the Marguerite M. Smith Trust
dated April 27, 2004 to purchase real property located at 4505 Charter Oaks
Avenue for $240,000 for the Centennial Corridor 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 construct the Centennial Corridor Project. The Centennial Corridor will connect
the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway
north of Truxtun Avenue. The property being purchased consists of a single family residence.
The purchase price of $240,000 is the property's fair market value as established by an
appraisal prepared by Merriman Hurst and Associates, 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. 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.
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.
Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund
and is part of the $165 million authorized by CalTrans and appropriated by the City Council on
March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program
were approved by CalTrans at 100% federal funding with no local match requirement for this
Admin - Purchase Agmt - Marguerite Smith Trust
7/2/2014
CGW
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ADMINISTRATIVE REPORT
IM
0
phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit"
is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge.
It refers to an alternate definition of the word that means "to lead or attract to a desired
point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars
sooner and gets the project further along with less need of local dollars. As a result, the future
construction phase of the Centennial project will carry a higher local match percentage than
it would have without the toll credits being approved. The end result is that we will still spend
the same amount of Federal and local dollars to project completion as we would have
without toll credits, but using toll credits allows us to spend the Federal money first and the
local dollars later.
The Centennial Corridor Project has 199 single family residential properties. This is the 11th of
the 199 single family residential properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Marguerite Smith Trust
7/2/2014
CGW
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ADMINISTRATIVE REPORT
�o
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: July 2, 2014
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Agreement with H. Lee and Mary E. Jackson to purchase real property located at
3330 Wood Lane for $192,000 for the Centennial Corridor 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 construct the Centennial Corridor Project. The Centennial Corridor will connect
the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway
north of Truxtun Avenue. The property being purchased consists of a single family residence.
The purchase price of $192,000 is the property's fair market value as established by an
appraisal prepared by 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. 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.
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.
Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund
and is part of the $165 million authorized by CalTrans and appropriated by the City Council on
March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program
were approved by CalTrans at 100% federal funding with no local match requirement for this
Admin - Purchase Agmt - Jackson
7/2/2014
CGW
p� BA
.K*c��S
e
ADMINISTRATIVE REPORT
phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit"
is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge.
It refers to an alternate definition of the word that means "to lead or attract to a desired
point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars
sooner and gets the project further along with less need of local dollars. As a result, the future
construction phase of the Centennial project will carry a higher local match percentage than
it would have without the toll credits being approved. The end result is that we will still spend
the same amount of Federal and local dollars to project completion as we would have
without toll credits, but using toll credits allows us to spend the Federal money first and the
local dollars later.
The Centennial Corridor Project has 199 single family residential properties. This is the 12th of
the 199 single family residential properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Jackson
7/2/2014
CGW
9A
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ADMINISTRATIVE REPORT
oY,
IF0
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g .gyp
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 24, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Donald and Diane Steward to purchase real property located at
2401 Myrtle Street for $265,000 for the 24th 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 2,206 square feet that
was constructed in 1956. The purchase price of $265,000 is the property's fair market value as
established by an appraisal prepared by Merriman Hurst & Associates, 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 - Steward
6/24/2014
CW
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ADMINISTRATIVE REPORT
The 241h Street Project has 23 residential properties and approximately 30 partial
acquisitions. The exact number of partial acquisitions will be determined when the design has
been completed. This is the fourth of the 23 residential properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Steward
6/24/2014
CW
Q���04P094 'V
U C1 ADMINISTRATIVE REPORT
9LI o
MEETING DATE: July 16, 2014 AGEND SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAT
DATE: June 23, 2014 CITY ATTORNE'
CITY MANAGE
APPROVED
SUBJECT: Agreement with Rick Ray and Carolyn Pruett to purchase real property identified as
12417 Highway 178 for $64,033 for the State Route 178 Widening Project.
(TRIP Program - Ward 3)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land
to widen State Route 178, including County areas, between Canteria Drive and Miramonte Drive.
The project will construct one and in some locations two additional travel lanes in each direction,
and curb, gutter and sidewalks in some locations. The property is located along State Route 178
at 12417 Highway 178, and identified as APN 387- 16 -07. The approximately 4,921 square feet of
residential property is being acquired for the State Route 178 widening project. The purchase
price of $64,033 represents the property's fair market value as established by an appraisal
prepared by Merriman Hurst and Associates, an independent appraisal company, and
negotiations with the owner. The purchase price includes the real property and existing
improvements including fencing, driveway, irrigation lines, landscaping and trees; 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 State
Route 178 is part of the TRIP program and is included in the grant funding for this project. The City
will be responsible for approximately 11 % of the project cost, including right of way, and will be
reimbursed the remaining 89% by the State and Federal Highway Administration.
The 178 Widening Project has 29 ownerships. This is the 12th of the 29 ownerships to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Pruett 1
6/23/2014
CW
A
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U � r
ADMINISTRATIVE REPORT
cgLIPO
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: ? . KK.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAT
DATE: June 29, 2014 CITY ATTORNE'
CITY MANAGE
APPROVED
SUBJECT: Agreement with Haroon and Sophia Hanasab, Trustees of the Haroon and Sophia
Hanasab Revocable 2013 Trust to purchase real property identified as APNs 386-
050-09 and 387 - 020 -18 for $85,000 for the State Route 178 Widening Project. (TRIP
Program - Ward 3)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land
to widen State Route 178, including County areas, between Canteria Drive and Miramonte Drive.
The project will construct one and in some locations two additional travel lanes in each direction,
and curb, gutter and sidewalks in some locations. The property is located along State Route 178
and identified as APNs 386- 050 -09 and 387 - 020 -18. The approximately 2.01 acres of vacant
residential zoned property is being acquired for the State Routel78 widening project. The
purchase price of $85,000 represents the property's fair market value as established by an
appraisal prepared by Merriman Hurst and Associates, an independent appraisal company, and
negotiations with the owner.
A Phase I Environmental Site Assessment report has been prepared encompassing all properties
required for the widening project during the State required Environmental Document process.
The Planning Division completed a General Plan Consistency Review and found this acquisition
consistent with the Metropolitan Bakersfield 2010 General Plan.
Property acquisition for the required right of way to construct the widening project for State
Route 178 is part of the TRIP program and is included in the grant funding for this project. The City
will be responsible for approximately 11 % of the project cost, including right of way, and will be
reimbursed the remaining 89% by the State and Federal Highway Administration.
The 178 Widening Project has 29 ownerships. This is the 13th of the 29 ownerships to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in quarterly report currently under development.
Admin - Purchase Agmt - Hanasab
6/30/2014
CW
ADMINISTRATIVE REPORT
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Public Works Director
June 26, 2014
APPROVED
DEPARTMENT HEAD__
CITY ATTORNEY°
CITY MANAGER
Approval of Final Map and Improvement Agreement
Final Map and Improvement Agreement with BMC Stein, LLC, a Delaware
Limited Liability Company authorized to do business in California, for Tract
7222, Unit 6, located south of Panama Lane and west of Stine Road. (Ward 6)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENT
IS FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
mmm
July 1, 2014, 8:50AM
G:\ GROUPDAT \ADMINRPT\2014 \07- 16 \T7222 -6 Map and IM AGRA=
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ADMINISTRATIVE REPORT
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director DEPARTMENT HEAD
DATE: June 26, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Parcel Map and Improvement Agreement
.-1 .
Parcel Map and Improvement Agreement with DCM Assets Management,
LLC, a California Limited Liability Company authorized to do business in
California, for Parcel Map 11788, Unit 1, located at the southwest corner of
Olive Drive and Calloway Drive. (Ward 4)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Parcel 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
June 27, 2014, 1:58PM
G: \GROUPDAT\ADMINRPT \2014 \07- 16 \PM11788 -1 Map and IM AGRA=
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ADMINISTRATIVE REPORT
1
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: q , )LAC .
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD I�r�
DATE: July 8, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Environmental Impact Report (EIR) for General Plan Amendment /Zone Change
No. 13 -0417 (SR99 /Hosking Commercial Center) generally located adjacent to
the east side of State Route 99, between Hosking Avenue to the south and
Berkshire Road to the north. (Ward 7).
Agreement with John Giumarra, Jr. ($199,888.12) for the preparation of an
Environmental Impact Report (EIR).
2. Agreement with ICF International ($133,259.12) to prepare Environmental Impact
Report.
3. Appropriate $133,259.12, (developer's contribution) to the Community
Development Operating budget in the General Fund.
RECOMMENDATION:
Staff recommends approval of the agreements and the appropriation of funds.
BACKGROUND:
John Giumarra, Jr. is proposing the development of a commercial center on approximately 80
acres, located adjacent to the east side of State Route 99, between Hosking Avenue to the
south and Berkshire Road to the north.
Applicant - City Agreement:
This agreement acknowledges that John Giumarra, Jr. will pay for all costs associated with the
preparation of the environmental Impact Report (EIR). The total cost of the EIR is $199,888.12,
which consists of $133,259.12 for the consulting services and $66,629.00 to reimburse the City
for its costs in managing the project.
Consultant - City Agreement:
This agreement sets forth the scope of services for the preparation of an EIR for General Plan
Amendment /Zone Change No. 13 -0417 by ICF International.
CG: S: \GPAs \13- 0417 \EIR Agreements \Admin Report.doc
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g- 11 .
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: July 1, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
f
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. CAI 4-001 with Kutak Rock LLP ($40,000;
revised not to exceed $175,000) to provide outside legal services in the matter of
City of Bakersfield v. All Persons Interested in the Matter, etc., et al.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On January 29, 2014, the City entered into Agreement No. CAI 4-001 with Kutak Rock LLP, for
legal representation in matter of City of Bakersfield v. All Persons Interested in the Matter, et al.,
Kern County Superior Court case number S- 1500 -CV- 280593 -NFT.
West Park Home Owners Association and Friends filed an answer to contest the lawsuit, requiring
the need to increase the original contract amount.
At this time, the City Attorney's Office requests that we amend the
compensation. This Amendment No. 1 to Agreement No. CA14 -001
Exceed amount of $175,000 in order for outside counsel to continue
adequate funds in the TRIP budget to cover the legal fees.
VG:ac
S: \C0UNCIL \ Admins\14 -15 Admins \KutakRockAttyAgrCA14 -001 ValidationActionAmdl ..docx
contract to add additional
will result in a total Not to
representation. There are
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U ,L,� ADMINISTRATIVE REPORT
LIFO
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: , rnm ,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Alan Tandy, City Manager
June 30, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGE
Amendment No. 7 to Agreement No. 08 -179 with SunGard Public Sector, I �Service Support of Licensed Software in the amount of $189,884.47.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
On October 22, 2008, the Council approved Agreement No. 08 -179 with SunGard Public Sector (SPS)
under which SPS agreed to provide software maintenance services for the licensed programs owned by
the City. In accordance with the original agreement the City pays maintenance fees for those licenses
being used.
SPS developed many of the software programs which the City runs on the AS /400 computer. Such
programs include: Purchasing /Inventory; Payroll /Personnel; Accounts Receivable; Accounts Payable;
Business Licenses; Utility Billing; Work Orders; Fire Records Management; Building Permits; Planning &
Zoning; Park Reservations, etc. This amendment will ensure that SPS continues to update software and
provide service for any problems encountered with these programs.
The yearly maintenance and service support payments have been fairly constant over the past three years
of this agreement. The original payment for 2009 was $170,326.75, 2010 was $168,436.74, 2011 was
$168,853.33, 2012 was $168,405.43 and 2013 was $171,755.47. This year with a 3% rate increase and
the additional software purchased through the year the agreement calls for cone -time payment of
$189,884.47 which will ensure support through July 31, 2015.
IT /ECH
A
�OF °wvop,f � i
ADMIMST ATIVE REPORT
L
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: nn.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: June 26, 2014
APPROVED
DEPARTMENT HEAD 'f
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 5 to Agreement No. 10 -107 with Kern Sprinkler Landscaping,
Incorporated; extending the contract term one year, and adding $200,000 (for a
total not to exceed amount of $1,094,648.25) to continue the supply of landscape
and irrigation services. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On July 21, 2010, Council approved the Annual Contract for the supply of
landscape and irrigation services to Kern Sprinkler Landscaping, Incorporated in the amount of
$224,648.25; renewable annually thereafter for four consecutive one -year periods. On June 8,
2011, Council approved Amendment # 1 extending the term one year. On January 11, 2012,
Council approved Amendment #2 adding $130,000. On June 27, 2012, Council approved
amendment #3 extending the contract one year and adding $240,000. On July 17, 2013,
Council approved amendment #4 extending the term one year and adding $300,000.
If approved, Amendment No. 5 will add $200,000 for a revised not to exceed amount of
$1,094,648.25, and extend the term one year. This proposed increase will meet the anticipated
needs of various City departments for the next twelve months (Refuse - $60,000, Water - $40,000,
and Parks - $100,000). Funds are budgeted within the operating budgets of the Refuse
Enterprise Fund, the Water Resources Enterprise Fund, and the General Fund (Parks). Approval
of the amendment will allow the City Departments to continue to meet the City's landscape
and irrigation service needs.
Purchasing Division/ch
S: \Purchasing\PURCH \ADMIN\Amendments 14 -15\AC for Landscaping and Irrigation Services Amendment #5 Agmt. 10- 107.docx
June 26, 2014 12:17 PM
O�BAKE
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gL10
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: June 26, 2014
SUBJECT: Amendment No. 1 to Agreement No. 12 -07
revised not to exceed $400,000) for on -call
Treatment Plants 2 and 3 (Wards 1 and 6).
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
-
1 with Crider Construction ($200,000;
construction services at Wastewater
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: A Request for Qualifications (RFQ) solicitation was issued in January 2012 for
firms to perform on -call general construction services and other items for the Wastewater
Division at Treatment Plants 2 and 3. City Council authorized the use of Crider Construction,
Inc. for these services on June 6, 2012, Agreement No. 12 -071. As of June 26, 2014, $10,300 is
remaining on the original not to exceed amount.
Crider Construction has performed the tasks assigned to them in an outstanding manner. Their
performance includes a response to emergency repairs for a major failure of equipment at
Treatment Plant 2. That response enabled the repairs to be done in a matter of days instead of
weeks. Crider has been regularly available to assist staff for more routine work items at both
plants where specialized construction capability is often required for major maintenance
items.
The original RFQ document outlines that the agreement may be "extended in accordance
with the provisions of this RFQ for one additional one -year periods." The proposed action will
amend the term of the agreement to December 31, 2015. Approval of this amendment allows
staff to use Crider's construction services to assist with the installation of a new pump and
motor at Plant 2. This maintenance project is scheduled for early fall of 2014 (estimated cost
$50,000). The balance of the revised not -to- exceed amount will allow staff access to on -call
construction services at both plants and is adequate through the end of the revised term
based on historical expenditures under the agreement to date.
A new RFQ will occur before the end of calendar year 2015.
Sufficient funds are budgeted for award of this contract. There is no General Fund impact with
this amendment.
REB /WW Div
G: \GROUPDAT \ADMINRPT \2014 \07 -16 \WW Agreement Addendum - Crider Const revised 7.16.14.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: �
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: June 27, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY_
CITY MANAGER
SUBJECT: Contract Change Order No. 13 to Agreement No. 12 -165 with Security Paving
Company, Inc. (Net increase of $126,998.40; revised not to exceed $29,528,921.53;
change order funded with Traffic Development Funds) for the construction of the
Westside Parkway Phase 6C Project (TRIP) (Ward 4).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: The Westside Parkway Phase 6C Project consists of constructing four lanes of
freeway (two in each direction) between Allen Road and the Stockdale Highway /Heath Road
intersection, building approximately three miles of sound walls, as well as completing all ramp tie -
ins to the Allen Road interchange. The Project will also build a bridge for Renfro Road to cross
over the Westside Parkway. The Westside Parkway will ultimately be an eight mile long, east -west
freeway extending from Truxtun Avenue west to Stockdale Highway /Heath Road with
interchanges at Mohawk Street, Coffee Road, Calloway Drive, and Allen Road.
Change Order No. 13 provides for the placement of 4,840 cubic yards of wood chips along the
banks of the Westside Parkway for erosion control purposes. The majority of the roadway
excavation for Phase 6C was completed during the construction of Phase 66 for import material
to be used on the Allen Road Interchange. As such, the plans for this project did not include
erosion control mitigation measures in these areas; hyroseeding was planned in a small portion of
the project, but the City has decided to take the credit for this hyroseeding and apply it towards
the cost of placing wood chips on all banks in the project. This change is made in an effort to
keep the same theme throughout the alignment of this freeway. This change order results in an
estimated increase of $126,998.40.
Staff recommends approval of Contract Change Order No. 13. All change orders combined to
date, including this Change Order, result in a 1.5 % decrease over the original Agreement as
illustrated below:
• Original Contract Amount = $ 29,982,222.42
• Previous Change orders = $ - 580,299.29
• Current Change Order No. 13 = $ 126,998.40
• Amended Contract Agreement after Change Order = $ 29,528,921.53
Net Increase to date = $ - 453,300.89
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ADMINISTRATIVE REPORT
1L1F0
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: $ , Az
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: July 2, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 2 to Agreement No. 13 -155 with Granite
Construction, Inc. ($41,257.97; revised not to exceed $3,076,837.47) for the
project known as Mohawk Street Improvements from Rosedale Highway to Siena
Lane (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project consists of constructing street improvements on a new alignment
of Mohawk Street from Rosedale Highway north to Siena Lane.
During the course of the project, it was discovered that existing oil and gas pipelines are at the
same elevation as the waterline to be installed. This necessitates that the waterline be
lowered by an average of two feet. The contractor has agreed to accept a lump sum of
$22,369.12 for the additional work necessary to lower this water line.
In order to construct the project per the plans and specifications, several contract item
quantities had to be either increased or decreased. These increases and decreases in
contract item quantities will result in a net cost increase of $18,888.85.
The net cost increase of Contract Change Order No. 2 is $41,257.97. The sum of all change
orders to date on this project reflects a total cost increase of $58,905.47 (which results in a 2.0%
increase of the original contract amount) as illustrated below:
• Original Contract Amount = $3,017,932.00
• Amended Contract Agreement after Change Orders = $3,076,837.47
Net Increase to date = $ 58,905.47
Sufficient funds are budgeted to fund this Change Order. This project is funded with Traffic
Impact Fees. Therefore, there is no General Fund impact associated with this Change Order.
RV (Construction)
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ADMINISTRATIVE REPORT
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10
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: 8 , r r.
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Public Works Director DEPARTMENT HEAI
DATE: July 1, 2014 CITY ATTORNE'
CITY MANAGE
SUBJECT: Accept bid and approve contract with BASF Corporation ($120,000.00) to supply
polymer for the dissolved air flotation (DAF) units at Wastewater Treatment Plant
No. 3 (Ward 6).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: Plant 3 has two DAF units; the purpose of which is to thicken sludge coming
from the secondary clarifiers before entering the digesters. Properly thickened sludge at this
stage of the wastewater treatment process increases efficiency of the plant's gas and
biosolids production, as well as minimizes the amount of solids returned to the headworks.
The Wastewater Division requested all vendors to pre - qualify their product before allowing
them to submit their bids in order to ensure that their product could meet the minimum
performance requirements and was compatible with the Plant's equipment.
Four vendors participated in the pre - qualification trials, only two of which were able to meet
the minimum requirements.
Of the two bids received BASF's was acceptable and Ashland's was deemed non - responsive
due to providing bulk delivery which the Plant is not equipped to accommodate.
BASF
100 Park Avenue
Florham, NJ 07932
Ashland
500 Hercules Road
Wilmington, DE 19808
in the amount of
in the amount of
$1.15 / lb of polymer
$1.27 / lb of polymer
Sufficient funds are budgeted from the Sewer Enterprise Fund for award of this contract and
there is no impact to the General Fund associated with it.
ERoldan
July 1, 2014
\ \Sanpub \pubwks\ GROUPDAT \ADMINRPT\2014 \07- 16\Admin Rpt DAF Polymer for WWTP 3.docx
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ADMINISTRATIVE REPORT
MEETING DATE July 16, 2014 AGENDA SECTION: Consent Calendar
ITEM: g. SS
TO: Honorable Mayor and City Council
FROM: Art Chianello, Water Resources Manager
DATE: July 8, 2014
APPROVED
DEPARTMENT HEAD 6
CITY ATTORNEY
CITY MANAGER f
SUBJECT: Provide Annual Maintenance and Repairs on the City's Domestic Water System
(Wards 4, 5, 6 and 7)
1) Accept bid and award contract to Sierra Construction & Excavation, Inc. ($1,000,000.00) for
annual maintenance and repairs on the potable water system within the City's domestic
water service area.
2) Appropriation of $500,000 Fund Balance to the Water Resources Operating Budget within
the Domestic Water Fund for maintenance and repairs.
RECOMMENDATION: Staff recommends acceptance of bid, award of contract and appropriation of funds
BACKGROUND: The Water Resources Department prepared a Request for Qualifications and Fee
Proposals (RFQ /P) package for annual contracting services with a contractor to perform routine and
emergency maintenance on the City's domestic water system. In response to the RFQ /P, Statement of
Qualifications and Proposals (SOQ /P) were received from three contractors. The staff reviewed the
SOQ /P's and is recommending that the contract be awarded to Sierra Construction & Excavation, Inc.
based on their experience and fee proposal.
The term of the contract will be for one year, and will be extended automatically for two consecutive one -
year periods unless either party terminates the agreement. Sierra Construction & Excavation, Inc. has
documented extensive experience working on domestic water systems and is capable of providing all
necessary services as described in the Scope of Work section of the RFQ /P.
The Scope of Work includes all labor and equipment necessary to install, repair, or replace, potable water
system infrastructure including but not limited to pipelines, services, meters, valves, fire hydrants, wharf
heads, blow offs, including all fittings, joints, and thrust blocks to City of Bakersfield Water Resources
specifications. The contractor will be required to provide all traffic control, boring, excavations, saw cutting,
trenching, backfill, and compaction, and replacement of asphalt, concrete, landscaping, and/ or other
facilities required for each project. The contractor will also obtain all necessary permits for the work and
will dispose of all unwanted materials generated in the repair, replacement, or construction process. Sierra
Construction & Excavation, Inc. will be available for afterhours call out emergency work 24 hours a day,
seven days a week, with a 45 minute maximum response time.
BA
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ADMINISTRATIVE REPORT
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Statement of Qualifications and Fee Proposals were received by the City of Bakersfield Purchasing Office,
on June 25, 2014. Three (3) bids were received, as follows:
Sierra Construction & Excavation, Inc.
P.O. Box 21297
Bakersfield, CA 93390 -1297
Kern Pacific Construction Co.
4001 Patton Way, Unit 1
Bakersfield, CA 93308
WM Lyles Co.
P.O. Box 80605
Bakersfield, CA 93380
Staff recommends acceptance of bid and award of contract to Sierra Construction & Excavation, Inc. in the
not to exceed amount of $1,000,000.00 annually for the period of three (3) years, for annual maintenance
and repairs on the potable water system within the City's domestic water service area. All work will be
performed on a time and materials basis according to the submitted rate sheet in Sierra Construction &
Excavation, Inc.'s fee proposal.
This work was bid non - prevailing wage since water enterprise finds (local funds) will be used. The City
has reserved the right to negotiate with Sierra Construction & Excavation, Inc. to prepare an amendment
to the contract if future legislation impacts the ability of the City to exempt the contractor from paying
prevailing wage.
The City has a contract with Cal Water for basic operation and maintenance of the City's domestic water
system. Extraordinary maintenance, emergency repairs, and capital improvement projects are over and
above basic operations and maintenance and are invoiced as a separate charge under the Cal Water
contract. Often, the City has authorized Cal Water to use their prevailing wage contractors to perform
extraordinary maintenance, emergency repairs, and capital improvement projects at an extra cost. Under
this new contract with Sierra Construction & Excavation, Inc. it is estimated that the City will save
approximately 15% of project costs by using an annual contractor for this work. The cost savings will be
realized due to the fact that this is a non - prevailing wage contract and also the City will not have to pay Cal
Water's mark -up cost for using their contractors. In the event that the City must pay prevailing wage in the
future, there will still be cost savings because the City will not be paying Cal Water's mark -up on
extraordinary maintenance, emergency repairs, and capital improvement projects.
Year 1 of the maintenance program will be funded by the requested appropriation of $500,000, and the
balance of funds $500,000 is currently available in the Water Resources Department's FY2014 -15
operating and capital budgets. Additional funds will be budgeted in subsequent years for Years 2 and 3 of
this ongoing program.
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S12014 ADMIN REPORTS \Sierra Construction—Annual Contractor Water Resources.doc
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MEETING DATE: July 16, 2014 AGENDA SECTION: Successor Agency
ITEM: &+4%
4%
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
June 26, 2014
APPROVED
DEPARTMENT HEAD NS
CITY ATTORNEY
CITY MANAGER
Receive and file successor agency payments from June 13, 2014 to
June 26, 2014 in the amount of $10,508.10
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 #592566 to Aleshire & Wynder LLP for $4,246.00 is a payment for attorney services.
Payment approved as ROPS line item #3.
Check #592970 to Construction Protective Services for $6,262.10 is a payment for security
services at Creekview Villas. Payment funded with Successor Housing Agency program
income.
SAAccounting\Dawn'nAdmin - Council\2014 \COUNCIL- ADMIN- SA- 2014\ADMIN —SA 07- 16- 14.doc
T A
ADMINISTRATIVE REPORT
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar Hearing
ITEM: cj , a.
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Public Works Director DEPARTMENT HEAD
DATE: July 2, 2014 CITY ATTORNEY Pq�
CITY MANAGER
SUBJECT: A public hearing to consider the Resolution of Intention ordering the vacation of
the existing 20 -foot wide public and utility access easement within Parcel 1 of
Parcel Map No. 5102 (located at 2125 Brundage Lane (Ward 2).
RECOMMENDATION: No Action.
BACKGROUND: The public hearing for this item was prematurely noticed before the applicant
submitted all of the documents necessary for consideration of this item. Because the item was
noticed, the public hearing must be opened to allow any interested parties to speak.
However, the item will be rescheduled and re- noticed for a later date once the applicant has
provided staff with the appropriate documents. A new resolution of intention will also be
required. Therefore, no action is requested at this time.
Tc
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ADMINISTRATIVE REPORT
MEETING DATE July 16, 2014 AGENDA SECTION: Consent Calendar Hearing
ITEM: q. lo,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Public Works Director
July 2, 2014
APPROVED
DEPARTMENT HEAD!
CITY ATTORNEY
CITY MANAGER
Final Hearing to order the vacation of portions of the Public Utility Easements (PUE)
for Lots 6, 7, 20 & 21 of Tract Map 7161, Unit 5 (Ward 5).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request from Castle & Cooke California,
Inc. to vacate portions of the Public Utility Easements (PUE) as created with Tract Map 7161,
Unit 5 for Lots 6, 7, 20 & 21, Developer has requested the vacation of these PUE's because
they are no longer needed. The utilities have been relocated to either an adjacent alley or
the adjacent PUE and landscape lot adjacent to the east. This action is needed to
accommodate development within Tract No. 7161 Unit 5.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there is no City sewer or storm drain facilities in
this public utility easement area.
The utility companies serving the area have been notified by mail. Public Works has received
no objections from the utility companies as of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 - foot radius
of the proposed vacated area. Public Works has received no objections from these owners as
of the date of this report.
On May 23, 3014, the Planning Department found the proposed vacation of a portion of the
Public Utility Easements (PUE) as created with Tract Map 7161, Unit 5, for Lots 6, 7, 20 & 21 to be
consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code
65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
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ADMINISTRATIVE REPORT
MEETING DATE: July 16, 2014 AGENDA SECTION: Consent Calendar Hearing
ITEM: cj , C
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Public Works Director
July 9, 2014
APPROVED
DEPARTMENT HEAD V�1"
CITY ATTORNEY
CITY MANAGER
Public Hearing to consider Resolution approving and adopting an
for the development and improvement of parks within the City
(Proposed 4.29% increase). (All Wards)
RECOMMENDATION: Staff recommends adoption of Resolution.
adjusted fee
of Bakersfield
BACKGROUND: On November 7, 1990, Council approved Ordinance No. 3327 which added
Chapter 15.82 to the Bakersfield Municipal Code. The purpose of Chapter 15.82 Is to promote
the public interest by establishing and imposing a fee as a method for financing the
development, improvement, and /or enhancement of public parks. New residential
construction is charged a fee for the development of new parks.
Chapter 15.82.060 of the Bakersfield Municipal Code states that the Public Works Director shall
submit a proposed fee schedule (annual report) regarding the fee amount to be collected for
each new dwelling unit. This fee shall be adjusted annually by the Construction Cost Index.
Also, the fee schedule shall be further adjusted to reflect all costs incurred for park
development, improvement, or enhancement. This fee shall be adopted by resolution of the
City Council following a noticed public hearing.
The following elements are reviewed in the calculation of the proposed park development
fee:
• Cost to develop a ten -acre park - Amenities and costs are reviewed by staff from both
the Recreation and Parks Department and the Public Works Department.
• Number of population served by a ten -acre park - Based upon the Metropolitan
Bakersfield General Plan and Bakersfield Municipal Code Chapter 15.80, the standard
of providing park land is 2.5 acres per 1,000 population. Therefore, a ten -acre park
serves a population of 4,000.
• Cost per person to develop a ten -acre park - The cost to develop a ten -acre park is
then divided by the number of population served by a ten -acre park.
• Lastly, the cost per person to develop a ten -acre is multiplied by the number of persons
per dwelling unit per information from the most recent U.S. census.
• The result of the above steps becomes the proposed park development fee.
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ADMINIb i HATIVE REPORT
Page 2
This Resolution is the Public Works Director's annual report to the City Council which includes a
recommended increase in the current park development fee. Staff recommends increasing
the per - dwelling unit fee to $1,825 per dwelling unit, a 4.29% increase over the current fee of
$1,750. The increase is based on the difference in the Construction Cost Index (CCI) as of the
last fee increase compared to the index as of June 2014, as well as a per - dwelling calculation,
rounded down to the nearest $5 increment. The CCI increase during this time period was
4.43% which is slightly higher than recent previous years. The CCI is updated monthly by the
Engineering News Record, a subsidiary of McGraw Hill Financial, The CCI is comprised of four
elements: union labor rates, steel, lumber, and concrete prices. Labor rates comprise the
largest proportion of costs within the index. The union wage rate negotiations for the current
year took place in September 2013 (a 9.85% increase), which resulted in a larger- than -usual
percentage increase in the CCI.
Recreation and Parks Department staff has reviewed the updated costs of developing a
typical 10 acre park and has no objections to the adjusted park development fee.
The park development fee was last adjusted in June 2013.
Informational notices were mailed to the Homebuilders Association of Kern County, the
American Institute of Architects, and North Bakersfield Recreation and Parks District. Public
Works has received no objections from these entities as of the date of this report.
Ps
G: \GROUPDAT \ADMINRPT \2014 \07 -16 \Park Dev Fee Admin.docx
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ADMINISTRATIVE REPORT
0
MEETING DATE: July 16, 2014 AGENDA SECTION: Hearings
ITEM: /0. 4—
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: June 24, 2014 CITY ATTORNEY t-f
CITY MANAGER f'
SUBJECT: Consideration of the Adoption of Resolutions of Necessity for the acquisition
by eminent domain, of partial interests in the following real property for public
purpose, known as APNs (1) 386- 050 -23; 387 - 020 -37; 387 - 360 -05, (2) 387 - 020 -14,
(3) 387 - 020 -52, (4) 387 - 150 -08, (5) 387 - 150 -18; 387 - 150 -22, (6) 387 - 150 -21, (7)
387 - 150 -27, (8) 387 - 160 -15, (9) 531 - 012 -05; 531 - 012 -14, (10) 533 - 012 -20; 533 -012-
21; 533 - 012 -26, (11) 533 - 012 -24, (12) 533 - 012 -28; 533 - 012 -29; 533- 012 -30 for
Highway 178 Widening Project (Code Civ. Proc. § 1240.010) (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Resolutions of Necessity.
The Project: The Thomas Roads Improvement Program ( "TRIP ") and the City of Bakersfield
(the "City ") have proposed a widening and improvement project for State Route 178 easterly of
State Route 99 (the "Project "). This project proposes to widen State Route 178 ( "SR- 178 ") from
two to six lanes from 0.68 miles east of Morning Drive to Masterson Street, and from two to four
lanes from Masterson Street to Miramonte Drive. Just east of Miramonte Drive, the roadway
would transition back to the existing two lane highway. In addition to the additional lanes, the
Project proposes new signals at the intersections of SR -178 / SR -184 and SR -178 / Masterson,
Class II bike lanes, and additional drainage systems.
To complete the project, it is necessary to acquire certain portions of parcels fronting on
Highway 178 for right of way and, during portions of the construction period, temporary
construction easements. A map depicting the Highway 178 Widening Project is attached as
Exhibit A.
The PrgRrtv To Be Accullred: The City Council has before it twelve (12) proposed Resolutions of
Necessity to Acquire partial interests in property that are necessary for the Project, in various
combinations of partial takings and temporary construction easements on properties located
on Highway 178 (the "Subject Property Interests "). The Subject Property Interests are listed in
Exhibit B to this report. Maps and Legal descriptions of each of the Subject Property Interests are
attached to each Resolution of Necessity. Some of the Subject Property Interests are outside
the City boundaries in the County of Kern (the "County "), and the County has authorized the
City to take the lead in acquiring those property interests.
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General Description of Necessity Public Use And Legal Authority: The Subject Property Interests
are sought for a public use, namely for road widening and street improvement purposes
necessary therefor, including grading and driveway reconstruction, and all purposes necessary
and convenient thereto in connection with the .Project pursuant to the authority conferred
upon the City of Bakersfield to acquire property by eminent domain by the City Charter,
California Government Code sections 37350, 37350.5, 37351, 40401 and 40404 and California
Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not
limited to sections 1240.010, 1240.020,1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610,
1240.650, and other provisions of law.
As shown more fully below, the Project is consistent with the City's General Plan and is required
for the public health and safety because it will improve vehicular traffic circulation and safety,
improve pedestrian safety, provide adequate capacity for emergency east -west traffic,
alleviate the anticipated unacceptable levels of traffic congestion, and maintain traffic
circulation at the standard set forth in the City's Circulation Element.
Environmental Review: The City of Bakersfield is the lead agency for this Project. The 2010 City
of Bakersfield General Plan (City's General Plan) identifies the need for further improvements
along Highway 178. The Project traffic flow improvements were found to be compatible with
the health, safety, and welfare of the community and in conformance with the City's General
Plan and Circulation Element. The Project was found to be compatible with surrounding land
uses. The Project was determined to not have an adverse effect on the overall community
because it remains consistent with the goals and policies of the General Plan and Circulation
Element. All of these proposed road widening and street improvements are part of the Project.
The potential environmental effects of the Project were studied and analyzed in connection
with the Initial Study with Mitigated Negative Declaration/ Environmental Assessment with finding
of no significant impact of the SR -178 Widening Project. On May 22, 2012, the City Council
approved the findings of no significant impact contained in the Mitigated Negative Declaration
( "MND") for the Project, prepared in accordance with the California Environmental Quality Act
( "CEQA "). A MND may be used to satisfy the requirements of CEQA when a Project would have
no significant effects on the environment that cannot be mitigated. The MND found that
implementation of the Project would not result in any significant effects on the environment that
cannot be reduced to below a level of significance with the mitigation measures included
therein. The Department of Transportation of the State of California approved the Mitigated
Negative Declaration on August 20, 2012.
Findings: In order to adopt each Resolution of Necessity with respect to the Subject Property
Interests, the City Council must, separately and individually, find and determine with respect to
each proposed acquisition that the following requirements are met (Code of Civil Procedure
Section 1245.230): (A) The public interest and necessity require the Project; (B) The Project is
planned and located in the manner that will be most compatible with the greatest public good
and least private injury; (C) The Subject Property Interests described in each Resolution of
Necessity are necessary for the Project; and (D) The City has made an offer as required by
Government Code section 7267.2 to each of the owners of record of the real property it seeks
to acquire. The amount of just compensation is not an issue before the City Council at this
hearing. Here, each of the requirements is met, as follows:
A. The Public Interest and Necessity Require the Project
As shown above, the Project would alleviate present and future traffic congestion, improve
operations, ensure that vehicles (including emergency vehicles vital to the public health and
safety) are able to circulate in a safe manner, create capacity necessary to support Highway
178 during emergencies, reduce accident rates, improve pedestrian safety, provide for future
increases in traffic volumes, and minimize unacceptable congestion and unsafe conditions that
would result absent the Project. The Project will alleviate anticipated unacceptable levels of
traffic congestion and maintain traffic circulation at the standard set forth in the Circulation
Element of the City's General Plan. The Project cannot be completed without the acquisition of
the Subject Property Interests.
B. The Project Is Planned and Located In the Manner that will be Compatible with
the Greatest Public Good and Least Private Injury.
It is not possible to widen Highway 178 without acquisition of property along Highway 178 in and
adjacent to the Project. The City has made every effort to reduce the number of partial fee
acquisitions needed for the Project, and has designed the Project in such a way that only those
property interests necessary for the Project will be acquired. The temporary construction
easements necessary for the Project allow the affected private property owners to retain
ownership of their properties following the completion of the Project. The Project will not result in
a substantial impairment of access to the properties which are subject to partial takings and
temporary construction easements. The Contractor will be advised that all properties need to
be accessible during construction.
C. The Subject Property Interests Described in The Resolutions of Necessity Are
Necessary For The Project.
As explained above, the construction of the Project in the manner proposed requires the
acquisition of the Subject Property Interests for the construction of the road widening and street
improvement project. There is no practical way to widen the road without acquisition of the
Subject Property Interests.
D. The City Has Made Offers Required by Section 7267.2 of the Government Code to
the Owners of Record of the Real Property the City Seeks to Acquire.
The City obtained fair market value appraisals of the Subject Property Interests, set just
compensation in accordance with the appraised fair market value, and extended written offers
to the record owners of the Subject Property Interests listed on Exhibit B, pursuant to
Government Code section 7262 et seq. True and correct copies of the offer letters are on file in
the City's TRIP office, and are incorporated in this Report by this reference. The City has
engaged in good faith negotiations with the owners that have responded to the City's offers,
but no negotiated purchase has yet been consummated as to the Subject Property Interests.
The schedule for the Project requires that the City Council consider the proposed Resolutions of
Necessity at this time.
BA
U � �
ADMINISTRATIVE REPORT
Y
Recommendation and Descrictlon of the Process:
STAFF RECOMMENDS the City Council:
1. Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity,
receive from staff the evidence stated and referred to in this report to City Council, take
testimony from any person wishing to be heard on the issues, and consider all evidence to
determine whether to adopt the proposed Resolutions of Necessity, each of which requires the
City Council's separate consideration and determination that the following four findings
described above have been established.
If the Resolution is adopted, the City will:
1. File an eminent domain action in Kern County seeking the necessary Property Interest;
2. Request that the court grant early possession of the Property Interest; and
3. If necessary, proceed with the eminent domain action through trial to determine any
unresolved issues, including just compensation.
Throughout the process, the City will remain open to an informal resolution of the matter without
the need for litigation.
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 25, 2014
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:16 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Rivera, Maxwell, Smith,
Hanson, Sullivan, Johnson (seated at
5:30 p.m.)
Absent: None
2. INVOCATION by Pastor Daniel Elgu6zabal, Family
Community Center.
3. PLEDGE OF ALLEGIANCE by Kaylynn Bolden, 3,d grade
student at Buena Vista Elementary, and Santana
Chavez, 2nd grade student at Louise Sandrini
Elementary schools.
Mayor Hall acknowledged the students from the Bakersfield
College Political Science class in attendance at the meeting
to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of certificates
honoring Kern High School District's 2014 First in
Class Students in the Greater Bakersfield area.
Vice -Mayor Weir was joined by Councilmember
Sullivan for this presentation, and recognized the
following students and presented them with
certificates:
First in Class recipients
• Patrick Crowley, Yingyi Xu - Bakersfield
High School
• Alex Gernes, McKenna Green, Sarah
Manges, Jaskaran Sandhu - Centennial
High School
ACTION TAKEN
Bakersfield, California, June 25, 2014 - Page 2
4. PRESENTATIONS ACTION TAKEN
Item 4.a. continued
• Katherine Deming, Karen Russell - East
Bakersfield High School
• Alexandra Crisler - Foothill High School
• Oye Bosompra, Erin Glavin, Jayme
Phillips, Sidney Russell - Frontier High
School
• Jose Ramirez - Highland High School
• Elaine Bae, Nathaniel Baumstark,
Danielle Behrens, Nathan Behrens,
Sameen Bramer, Noah Demoes, Mitchell
Grove, Nicole Kharoufa, Aaron Taylor -
Liberty High School
• Christopher Mazmanian - Ridgeview
High School
• Loren Belardes, Angela Beltran - South
High School
• Edward Camp, Kamal Gill, Pratyusha
Gogulapati, Adam Julander, Amanda
Wong - Stockdale High School
b. Presentation by Mayor Hall and City Manager
Tandy of a Certificate of Appreciation to Chief
Douglas Greener honoring the re- rating of the
Bakersfield Fire Department as an Insurance
Services Office Rated Class 2 Fire Department.
Chief Greener accepted the Certificate and
made comments.
Mayor Hall recessed the meeting at 5:32 p.m. and
reconvened the meeting at 5:40 p.m.
5. PUBLIC STATEMENTS
Mayor Hall announced that statements regarding Deferred
Business Item 13.b., Resolution in Support of H.R. 15, will be
heard at the time of the item.
a. Kerry Ryan, representing Bakersfield Marathon,
spoke regarding Bakersfield's first ever City
streets full - length marathon scheduled for
November of 2015, and requested the support
of the City Council to help utilize City streets in
order to showcase the best of Bakersfield's
neighborhoods, landmarks, and attractions.
Counctimember Smith referred this matter to the
Community Services Committee for discussion.
Bakersfield, California, June 25, 2014 - Page 3
5. PUBLIC STATEMENTS continued ACTION TAKEN
b. Audrey Chavez, President of Bakersfield's AIDS
Project, spoke regarding Kern County AIDS
Compassion Week, outlined the different
activities taking place during the week of
June 20 through 27, and submitted written
material.
C. The following individuals spoke regarding the
equestrian easement on Saddleback, and
expressed their concern with having the bike
trail coming into the equestrian tunnel because
they feel it is dangerous for the horses and their
riders: Donald Dyson (submitted written
material); Kathy Marvel; Craig Hummel, Sr.; and
Craig Hummel, Jr.
Councilmember Maxwell directed staff to not
do anything to this particular area until either an
agreement or compromise is reached between
him and Councilmember Smith or, if that does
not occur, then the issue be brought back to
the City Council as a whole to decide what will
happen to that particular area.
d. The following individuals spoke in support of a
sound wall on the Westside Parkway at San
Simeon Avenue: Theresa Mawson; Kristen
Cimental (submitted written material); Felix
Vasquez (submitted written material); and John
Mudryk.
Councilmember Smith advised that he has
been working with Supervisor Couch on this
matter, and they will be setting up a
neighborhood meeting to talk over what has
been decided and what they have learned.
e. Dennis Fox spoke regarding water costs and
submitted written material.
f. Louis Medina spoke regarding a water
conservation campaign idea and submitted
written material.
g. Michele Carlon spoke regarding High Speed
Rail and water.
h. Scott Monroe spoke regarding his interest in
buying a hangar at the Bakersfield Municipal
Airport and the City's right of first refusal.
Bakersfield, California, June 25, 2014 - Page 4
6. WORKSHOPS ACTION TAKEN
None.
7. APPOINTMENTS
a. One appointment to the Historic Preservation
Commission, due to the resignation of Tenielle
Cooper, whose term expires March 30, 2015.
City Clerk Gafford announced that one
application was received from Cathy Butler.
Motion by Vice -Mayor Weir to appoint Cathy APPROVED
Butler to the Historic Preservation Commission,
term to expire March 30, 2015.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 4, 2014 Regular
City Council Meetings.
Payments:
b. Receive and file department payments from
May 23, 2014, to June 12, 2014, in the amount of
$20,194,770.10 and self- insurance payments
from May 23, 2014, to June 12, 2014, in the
amount of $743,421.15, totaling, $20,938,191.25.
Ordinances:
Resolutions:
C. Resolution calling and giving notice of holding RES 096 -14
a General Municipal Election for the election of
Councilmembers for Wards 1, 3, 4 and 7, and
requesting consolidation with the County of
Kern State -wide General Election to be held on
Tuesday, November 4, 2014.
d. Resolution confirming approval by the City RES 097 -14
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.
8.
Bakersfield, California, June 25, 2014 - Page 5
CONSENT CALENDAR continued
e. Upgrade of Glock Service Pistols from 40 caliber
to 9mm by trade -in exchange:
Resolution determining that Gunarama
Wholesale, Inc. - Law Enforcement
Equipment is the sole designated
distributor authorized by Glock, Inc., to
exchange BPD 40 caliber Glock pistols
for 9mm Glock pistols at no charge to
the City.
2. Approve trade of 554 40 caliber Police
Glock service pistols for 475 9mm Police
Glock service pistols, at no charge to the
City.
Resolution authorizing the Police Department to
apply for the Edward Byrne Memorial Justice
Assistance Grant ($161,177) from the U.S.
Department of Justice to purchase equipment
and provide training.
g. Resolution dispensing with bidding procedures
due to urgent necessity to construct a new
warehouse building for storing police evidence,
not to exceed $750,000.
h. Resolution adding the following territories to the
Consolidated Maintenance District and
approving, confirming and adopting the Public
Works Director's Report for each:
1. Area 4 -122 (1303 S Street)
2. Area 4 -123 (1214 34th Street)
Resolutions of Intention No. 1800 adding
territory, Area 4 -124 (northwest corner of 20th &
V streets) to the Consolidated Maintenance
District and preliminarily approving, confirming
and adopting the Public Works Director's
Report.
j. Resolution of Intention No. 1792 ordering the
vacation of the existing 20 -foot wide public and
utility access easement within Parcel 1 of Parcel
Map No. 5102 (located at 2125 Brundage Lane.
ACTION TAKEN
RES 098 -14
RES 099 -14
REMOVED FOR
SEPARATE
CONSIDERATION
RES 10 1- 14
RES 102 -14
ROI 1800
ROI 1792
8.
Bakersfield, California, June 25, 2014 — Page 6
CONSENT CALENDAR continued
Agreements:
k. Agreement with Leverage Information Systems,
Inc. ($60,514.85), for annual service
maintenance of City's video surveillance
system.
I. Bakersfield Municipal Airport:
1. Agreement with Carol B. Campen, as
administrator of the Estate of Joe T.
Campen, Jr. ($15,000), for purchase of
Hangar D -6 at the Airport.
2. Appropriate $15,000 General Aviation
Fund balance to the Public Works
Department's Capital Improvement
Budget within the General Aviation Fund.
M. Master Service Agreement with PG &E to
upgrade and install energy efficiency projects
at various City facilities through the Public Utility
Commission's On -Bill Financing Program.
n. Agreement with Definiti Healthcare
Management (not to exceed $200,000 annually
for a two year period with an additional option
year) for Worker's Compensation Bill Review
Services to be utilized at the City's discretion.
(deferred from 06104114 meeting)
o. Agreement with Duane Morris, LLP, for Fiscal
Years 2014/2015 ($1,000,000), 2015/2016
($1,125,000), 2016/2017 ($1,500,000) for legal
services regarding water related matters.
(deferred from 05121 114 meeting)
P. Renewal of Agreements with Clifford & Brown
for legal services regarding General
Miscellaneous Issues ($75,000) and General
Personnel Issues ($75,000).
q. Agreement with Jean Schamblin Separate
Property Trust ($315,000) to purchase real
property located at 2400 Spruce Street, for the
24th Street Widening Project. (TRIP)
r. Agreement with Jack and Melissa Collins
($58,000) to purchase real property located
at 3900 View Street, for the State Route 178
Widening Project. (TRIP)
ACTION TAKEN
AGR 14 -096
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 14 -098
AGR 14 -099
AGR 14 -100
AGR 14 -101
AGR 14 -102
AGR 14 -103
AGR 14 -104
8.
Bakersfield, California, June 25, 2014 — Page 7
CONSENT CALENDAR continued ACTION TAKEN
S. Agreement with Richard and Julie Young REMOVED FOR
($400,000) to purchase real property located at SEPARATE
231224th Street, for the 24th Street Widening CONSIDERATION
Project. (TRIP)
t. Agreement with and indemnification of AGR 14 -106
Albertsons to allow the City to utilize a vacant
lot at the southwest corner of Stockdale
Highway and Buena Vista Road on July 4, 2014,
to accommodate additional parking for the
Fourth of July Event at The Park at River Walk.
U. Final Map and Improvement Agreement with AGR 14 -107
Castle & Cooke California, Inc., for Tract 6250
Unit 14, located west of Jewetta Avenue and
north of Stockdale Highway.
V. Landscape Improvement Agreement with BMC AGR 14 -108
Stein, LLC, for Tract 7222, located south of
Panama Lane and west of Stine Road.
W. Final Map and Improvement Agreement with AGR 14 -109
BMC Stein, LLC, for Tract 7222, Unit 5, located
south of Panama Lane and west of Stine Road.
X. Final Map and Improvement Agreement with AGR 14 -110
BMC Stein, LLC, for Tract 7222, Unit 7, located
south of Panama Lane and west of Stine Road.
Y. Construction and Maintenance Agreement AGR 14 -111
with San Joaquin Valley Railroad Company (not
to exceed $779,143.37; 88.53% Federal Earmark
Funds and 11.47% Transportation Development
Funds) for the construction of the Rosedale
Highway Widening Project. (TRIP)
Z. Implementation of Urban Water Use Efficiency
Project:
1. Agreement with Kern Water Bank AGR 14 -112
Authority to receive State Grant funding
(not to exceed $600,000).
2. Appropriation of $476,450 Prop 84 State
Grant Funds to the Recreation and Parks
CIP Budget within the Capital Outlay
Fund for installation of smart irrigation
controllers at 18 parks.
Bakersfield, California, June 25, 2014 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.z. continued
3. Appropriation of $99,074 Prop 84 State
Grant Funds to the Water Resources
Operating Budget within the Domestic
Water Fund for conservation incentives.
aa. Amendment No. 1 to Agreement No. 13 -034 AGR 13- 034(1)
with Kern Security Systems, Inc. ($50,000; revised
not to exceed $155,000 and extend term until
June 2015), for security guard services provided
at 18th and Eye Street Parking Garage.
(deferred from 06104114 meeting)
bb. Amendment No. 1 to Agreement No. 12 -161 AGR 12- 161(1)
with Bethany Services /Bakersfield Homeless
Center (extending term of contract) to provide
emergency shelter services.
CC. Amendment No. 1 to Agreement No. 13 -188 AGR 13- 188(1)
with Bethany Services /Bakersfield Homeless
Center (extending term of contract) to provide
emergency shelter services.
dd. Amendment No. 1 to Disposition and AGR 13- 078(1)
Development Agreement No. 13 -078 and ABS JOHNSON
Assignment and Assumption Agreement with
Park 20th LP, and Golden Empire Affordable
Housing, Inc. II, for the Park 20th Affordable
Housing Project.
ee. Amendment No. 1 to Agreement No. 13 -042 AGR 13- 042(1)
with Alliance Against Family Violence and
Sexual Assault, for cooperation in child
protective services investigations.
ff. Amendment No. 3 to Agreement No. 10 -086 AGR 10- 086(3)
with AECOM Technical Services, Inc. (no
change in compensation and extending term
to June 30, 2015), for on -call civil engineering
and surveying services.
gg. Amendment No. 2 to Agreement No. 10 -033 AGR 10- 033(2)
with Marderosian, Cercone & Cohen to reflect
correct name of outside counsel firm.
E -1
Bakersfield, California, June 25, 2014 - Page 9
CONSENT CALENDAR continued
hh. Traffic Signal Synchronization - Part 3:
1. Contract Change Order No. 2 to
Agreement No. 13 -172 with Crosstown
Electrical & Data Inc. ($41,180.51; revised
not to exceed $363,436.51), for the
project.
2. Appropriate $22,343 Federal Congestion
Management Air Quality (CMAQ) grant
funds to the Public Works Department's
Capital Improvement Budget within the
SAFETEA -LU Fund.
3. Appropriate $2,900 Gas Tax Fund
balance to the Public Works
Department's Capital Improvement
Budget within the Gas Tax Fund to fund
local match requirement associated with
the additional CMAQ funding.
ii. Contract Change Order No. 18 to Agreement
No. 13-118 with Granite Construction
($55,964.23; revised not to exceed
$25,839,519.32; change order funded with
Federal Earmark Funds 88.53% and Capital
Outlay Utility /Roads Fund 11.47%) for the State
Route 178 and Morning Drive Interchange
Project. (TRIP)
Bids:
jj. Accept bid from Cyber Computers, Inc.
($57,067.45), for one hundred twenty seven
(127) Panasonic Vehicle Mount Port Replicators
for the Police Department.
kk. Accept bid from Golden State Peterbilt
($199,208) for one (1) replacement 12 cubic
yard dump truck for use by the Public Works
Department, Streets Division.
Accept bid from Three Way Chevrolet
($53,525.25) for two (2) replacement four door
midsize utility vehicles for use by the Police
Department, Investigations Division.
ACTION TAKEN
AGR 13 -172
CCO2
AGR 13 -118
CCO18
8.
Bakersfield, California, June 25, 2014 - Page 10
CONSENT CALENDAR continued ACTION TAKEN
mm. Accept bid from Jim Burke Ford ($42,349.07) for
two (2) replacement two wheel drive 3/4 ton
pickups for use by the Public Works
Department, Streets Division.
nn. Accept bid from Coastline Equipment
($537,785.95) for two (2) four wheel drive
loaders with high lift option for use by the Public
Works Department, Solid Waste Division.
oo. Purchase of LNG Refuse Roll -Off Trucks:
1. Accept bid from Golden State Peterbilt
($1,030,580) for four (4) replacement
LNG Refuse Roll -Off Trucks for the Public
Works Department, Solid Waste Division.
2. Transfer $592,000 Refuse Fund balance
to the Public Works Department's
Operating Budget within the Equipment
Management Fund to partially offset the
purchase cost.
pp. Accept bid and approve contract with Granite REMOVED FOR
Construction Company ($1,658,914.09) for SEPARATE
Pavement Rehabilitation 2013 -2014 - RSTP: CONSIDERATION
Truxtun Avenue from Chester Avenue to T
Street.
qq. Accept bid and approve contract with Griffith
Company ($1,548,451), for Pavement AGR 14 -114
Rehabilitation 2014 - Panama Lane from
Monitor Street to S. Union Avenue.
Miscellaneous:
rr. Appropriate $1,440,000 Building Equity and
Growth in Neighborhoods (BEGIN) Grant Funds
to the Community Development Department
Operating Budget within the BEGIN Program
Fund for the Creekview Villas Downpayment
Program for income eligible first -time
homebuyers.
ss. Appropriate $20,000 State Grant Revenue to
the California Unified Program Agency (CUPA)
Fund Operating Budget for wireless service.
Bakersfield, California, June 25, 2014 — Page 11
S. CONSENT CALENDAR continued ACTION TAKEN
tt. Appropriate $25,000 additional Fire Plans Check
Revenue to the Certified Unified Program
Agency (CUPA) Fund Operating Budget for
additional hazardous materials hauling fees
and laboratory analysis.
uu. Revised Job Specification /Title Change for
Program Specialist #26020 to Recreation
Specialist.
City Clerk Gafford announced that staff memoranda
were received regarding Item 8.k. transmitting a
revised agreement, and Item 8.y. revising exhibits to
the agreement.
Councilmember Johnson announced that he would
abstain due to conflict of interest, source of income to
himself, on Item 8.dd.
Councilmember Maxwell requested that items 8.g.,
8.s., and 8.pp. be removed for separate consideration.
Councilmember Johnson requested that item 8.1. be
removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.uu., with the removal of
Items 8.g., 8.1., 8.s., and 8.pp. for separate
consideration.
g. Resolution dispensing with bidding procedures RES 100 -14
due to urgent necessity to construct a new
warehouse building for storing police evidence,
not to exceed $750,000.
Councilmember Maxwell requested that, as this
process goes forward, he be kept apprised of
the costs, and that staff provide an overview for
the Council as to how the building is being
constructed and what the costs are.
Motion by Councilmember Maxwell to adopt APPROVED
Consent Calendar Item 8.g.
S.
Fi
Bakersfield, California, June 25, 2014 - Page 12
CONSENT CALENDAR continued ACTION TAKEN
Bakersfield Municipal Airport:
1. Agreement with Carol B. Campen, as AGR 14 -097
administrator of the Estate of Joe T.
Campen, Jr. ($15,000), for purchase of
Hangar D -6 at the Airport.
2. Appropriate $15,000 General Aviation
Fund balance to the Public Works
Department's Capital Improvement
Budget within the General Aviation Fund.
Motion by Councilmember Johnson to adopt APPROVED
Consent Calendar Item 81
S. Agreement with Richard and Julie Young AGR 14 -105
($400,000) to purchase real property located at
2312 24th Street, for the 24th Street Widening
Project. (TRIP)
Motion by Councilmember Maxwell to adopt APPROVED
Consent Calendar Item 8.s.
pp. Accept bid and approve contract with Granite AGR 14 -113
Construction Company ($1,658,914.09) for
Pavement Rehabilitation 2013 -2014 - RSTP:
Truxtun Avenue from Chester Avenue to T
Street.
Motion by Councilmember Smith to adopt APPROVED
Consent Calendar Item 8.pp.
SUCCESSOR AGENCY BUSINESS
a. Receive and file successor agency payments
from May 23, 2014, to June 12, 2014, in the
amount of $6,139.31.
Motion by Vice -Mayor Weir to receive and file APPROVED
the report.
9.
0
Bakersfield, California, June 25, 2014 - Page 13
SUCCESSOR AGENCY BUSINESS continued ACTION TAKEN
b. Resolution authorizing the sale of city -owned RES SHA001 -14
units at Creekview Villas and to use the net
proceeds to complete the construction and
sale of the remaining units to protect the City's
investment of its Low - Moderate Income
Housing and Proposition 1 C Funds.
Community Development Director Mclsaac
made staff comments and recommended
adoption of the Resolution.
Motion by Councilmember Johnson to adopt APPROVED
the Resolution.
CONSENT CALENDAR PUBLIC HEARINGS
None.
11. HEARINGS
12.
13.
a. Public Hearing to consider Resolution adopting RES 103 -14
fees pursuant to the Cost Recovery System
(Master Fee Schedule).
Finance Director Smith made staff comments
and recommended adoption of the Resolution.
Hearing opened at 6:53 p.m.
No one spoke.
Hearing closed at 6:53 p.m.
Motion by Vice -Mayor Weir to adopt the APPROVED
Resolution. NOES JOHNSON
REPORTS
None.
DEFERRED BUSINESS
a. Fiscal Year 2014 -15 Budget: (deferred from
06104114 meeting)
Resolution approving and adopting the RES 104 -14
City's Operating and Capital
Improvement Budgets, as amended.
Bakersfield, California, June 25, 2014 — Page 14
13. DEFERRED BUSINESS continued
Item 13.a. continued
ACTION TAKEN
2. Resolution establishing the City's RES 105 -14
appropriations limit.
3. Amendment No. 1 to Resolution RES 152 -01(1)
No. 152 -01 establishing Council Policy for
evaluating requests for financial
assistance for non - profit groups.
Assistant to the City Manager Huot made staff
comments and recommended adoption of the
Resolutions.
Motion by Vice Mayor Weir to adopt the APPROVED
Resolutions, as amended.
b. Resolution in support of H. R. 15 regarding
Border Security, Economic Opportunity and
Immigration Modernization Act. (deferred from
04116114 meeting)
City Clerk Gafford announced that a staff
memorandum was received transmitting emails
received in support from Wilma Goodloe,
Virginia Tunks, Cheryl Tierce, Cathee Romley,
and Gilbert Gia; and in opposition from
Dominic Gonzalez. Also attached are phone
logs with 8 in support and 17 in opposition.
City Attorney Gennaro made staff comments
and recommended Council determination.
The following individuals spoke in opposition to
the Resolution: Carol Looker and Nora Weber
(submitted written material).
The following individuals spoke in support of the
Resolution: Rob England, Vice - President of the
Kern, Inyo, and Mono Central Labor Council;
Linda Haggerty; Cathee Romley; Laird Taylor;
Lois Watson (submitted written material);
Gonzalo Santos (submitted written material);
Catalina Mendiola; Bernice Bonillas; Mary Helen
Barro; Jose Gonzalez; Jane Prewett; Jose
Gurrola, Councilman for the City of Arvin;
Audrey Chavez; Lori DeLeon, with the Dolores
Huerta Foundation; Paola Fernandez; Mirna
Sawyer; and David Torres.
13.
14.
Bakersfield, California, June 25, 2014 — Page 15
DEFERRED BUSINESS continued
Item 13.b. continued
Councilmember Rivera made comments in
support of the Resolution.
Vice -Mayor Weir expressed his appreciation to
the speakers; advised that this is not an issue for
this Council to act upon; and made a motion to
table this Resolution and this topic indefinitely
until such time as four Councilmembers vote
affirmatively to bring this matter back to the
Council.
Councilmember Maxwell requested that Vice -
Mayor Weir consider putting together an ad
hoc committee, consisting of himself and
Councilmember Rivera, so that when the City
does make some recommendations, that it can
weigh in and offer some real solutions and
compromises, and urge the Congress to act on
a change of our immigration policy to solve this
problem and to move forward.
Councilmember Hanson advised that the
Council's vote carries no rule of law, he
supports Vice -Mayor Weir's motion, and he
called for the question.
Motion by Councilmember Hanson to call for
the question.
Motion by Vice -Mayor Weir to table the
Resolution and the topic indefinitely until four
Councilmembers vote affirmatively to bring this
matter back to the Council.
NEW BUSINESS
a. Agreement with the County of Kern
($40,000,000) for the County's Full and Final
Contribution for the construction of Thomas
Road Improvement Program (TRIP) Projects.
City Manager Tandy made staff comments,
thanked County Roads Commissioner Craig
Pope and the Board of Supervisors for their
consideration, and recommended approval of
the Agreement.
ACTION TAKEN
APPROVED
NOES RIVERA
APPROVED
NOES RIVERA,
MAXWELL
AGR 14 -115
14.
Bakersfield, California, June 25, 2014 — Page 16
NEW BUSINESS continued ACTION TAKEN
Item 14.a. continued
Councllmember Hanson advised he would like
to publicly thank the Board of Supervisors for
this action.
Councilmember Maxwell made comments and
advised that he would be abstaining from the
vote on this matter.
Councilmember Smith expressed his
appreciation to the County and Craig Pope,
and made a motion to accept and approve
the Agreement.
Motion by Councilmember Smith to accept and APPROVED
approve the Agreement. ABS MAXWELL
b. Resolution encouraging Water Conservation RES 107 -14
within the City.
City Clerk Gafford announced that a staff
memorandum was received transmitting a
revised Resolution.
City Attorney Gennaro made staff comments
and recommended Council determination.
Councilmember Smith made a motion to adopt
Resolution A.
At the request of Mayor Hall, Water Resources
Manager Chianello made an announcement
regarding a special water conservation event
on July 12th, at Urner's Appliance Store parking
lot, from 9:00 a.m. to 12:00 p.m., involving the
Water Association of Kern County, the City of
Bakersfield, California Water Service, Oildale
Mutual, PG&E, and other water purveyors.
Motion by Councilmember Smith to adopt APPROVED
Resolution A.
15. COUNCIL AND MAYOR STATEMENTS
Councilmember Smith referred to the next Water
Board meeting the issue of providing more education
on how the cities up and down the valley go to the
alternate day watering, how they enforce that, and
how our City would initiate that process next year if
there is another dry year.
Bakersfield, California, June 25, 2014 - Page 17
15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Maxwell directed the Police Chief to
check into a new marijuana shop on Niles Street near
the Boys and Girls Clubs, and provide information to
the City Attorney so she can do the proper letters to
get them to cease and desist.
Mayor Hall expressed his appreciation for the get -well
wishes and expressions of concern he has received
from staff, the Councilmembers, and the community
during the last four weeks.
16. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1)
regarding City v. Kern County, Kings County
Superior Court Case No. 13 C 0180.
b. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957
(b) (1)/54957.6.
Motion by Vice -Mayor Weir to adjourn to Closed APPROVED
Session at 8:59 p.m.
Motion by Councilmember Johnson to adjourn from APPROVED
Closed Session at 10:34 p.m.
RECONVENED MEETING AT 10:35 p.m.
17. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing STAFF WAS GIVEN
Litigation; Closed Session pursuant to DIRECTION
Government Code Section 54956.9 (d) (1)
regarding City v. Kern County, Kings County
Superior Court Case No. 13 C 0180.
b. Public Employee Performance Evaluation - City CONTINUED
Manager; Closed Session pursuant to
Government Code Section 54957
(b) (1)/54957.6.
Motion by Vice -Mayor Weir to continue Closed APPROVED
Session Item 17.b. to the next meeting.
Bakersfield, California, June 25, 2014 - Page 18
18. ADJOURNMENT ACTION TAKEN
Mayor Hall adjourned the meeting at 10:35 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield