HomeMy WebLinkAbout08/13/2014 CC_AGENDA_PACKETAGENDA HIGHLIGHTS
r. August 13, 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 the Closed Session Item. After public
statements, the Council will then recess Into Closed Session. Upon conclusion of the Closed
Session, any action will be announced.
There will be a conference with the labor negotiator.
REGULAR MEETING - 5:15 p.m.
There will be one appointment to Keep Bakersfield Beautiful Committee.
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Item 8J. Disposal of Real Property Located at the Southwest Corner of Coffee and Brimhall
Roads. The Westside Parkway from Truxtun Avenue to Allen Road is now completed and
operational. Property on the southwest corner of Coffee and Brimhall Roads was originally
acquired for the project, but is now determined to be excess in nature. As a result, staff
conducted a bidding process to sell the approximately 8.95 acres of property, with the
winning bidder being Grand Shangrila International, Inc. with a bid of $3,851,000. This amount
is $551,000 above the $3,300,000 appraised value. Staff is requesting Council's approval of a
resolution declaring the property as surplus and an agreement with Grand Shangrila
International, Inc. for purchase of land.
Item 8ag. Agreement with Kern County for Wall and Fencing along Phase 6c of the Westside
Parkway, Phase 6c of the Westside Parkway between Allen Road and the Stockdale
Highway /Heath Road intersection is currently under construction. Residents within County
neighborhoods adjacent to the alignment raised concerns regarding noise, safety and
privacy - related issues. After further study and several meetings with the neighborhood
residents, a proposed resolution was developed which would construct sections of wall and
exchange sections of planned open chain link fencing with slated chain link privacy fencing.
The County has agreed to pay for the proposed changes, which is anticipated not to exceed
$250,000. Staff is requesting the Council's approval of an agreement with the County for the
funding, appropriation of the funds to the project and a change order with Security Paving
Company for the modifications that are being paid for by the County.
Property Acaulsiflon Agreements - TRIP
Items 8ak -8ba. Property Acquisition Agreements with Various Property 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
and 24th Street Widening Projects, as well as an easement agreement with BNSF Railway
Company, 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. The
easement agreement is needed over the BNSF Railway Company property on Rosedale
Highway in order to widen the roadway, move and construct new rail crossing equipment and
install pedestrian safe walkways on each side of the crossing.
Item 10a. City in the Hills Land Exchange There are multiple items staff is recommending for
Council approval which would allow for additional park acreage to be acquired in northeast
Bakersfield. The exchange would allow the City to obtain an additional 19.21 acres adjacent
to the Mesa Morin Sports Complex for the expansion of the facility. In return, the City would
exchange approximately 11.32 acres of land in the City in the Hills neighborhood. The land in
the City in the Hills neighborhood was originally planned to be one of two neighborhood park
sites in the development proposed by the now - defunct "master developer," Mountain View
Bravo. Unfortunately, the developer walked away prior to the development of either of these
parks. In response, the City stepped in to construct a 10 acre park approximately a block
away from the property subject to this exchange. The proposed actions on the agenda
includes first readings of two zone changes and a general plan amendment, as well as an
agreement to provide $550,000 to Mesa Morin LLC to account for the difference in the size
and value of the parcels subject to the exchange. On July 17, 2014, the Planning Commission
voted to recommend approval of the items to the City Council. The items are being
considered under one hearing item as they are all required for the exchange to be
completed and due to an appeal of the Planning Commission decision by a member of the
public.
Item IIa. Centennial Plaza Bricks and Tiles. Staff will provide the Council with a report
regarding the current condition of the bricks and tiles within the Plaza and potential solutions
to retain the bricks and tiles while increasing safety for users.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights — August 13, 2014 Council Meeting
Page 2
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BAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF AUGUST 13, 2014
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CLOSED SESSION
a, Conference with Labor Negotiator pursuant to Government Code Section 54957.6,
4. CLOSED SESSION ACTION
5. ADJOURNMENT
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
2. INVOCATION by Chaplain Kerry Bulls, Bakersfield Heart Hospital.
3. PLEDGE OF ALLEGIANCE by Joshua Cox, 5th grade student at Stockdale Christian School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Judith McCarthy, the 2014 John
Brock Community Service Award recipient, declaring September 4, 2014, as Judith
McCarthy Day.
b. Presentation by Mayor Hall of a picture plaque to Megan Tackitt, owner of Noriega
House, honoring the beautification efforts at 1325 Baker Street.
C. Presentation by Mayor Hall of a Certificate of Appreciation to representatives of
CBCC, 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.
d. Presentation by representatives of Kern Federal Credit Union to Mayor Hall of a
$6,000 check for the purpose of funding the H Street Improvement Project,
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
(Ward 2) a. One appointment to the Keep Bakersfield Beautiful Committee, due to the
resignation of Karen DeWalt, whose term was to expire December, 2016,
Staff recommends Council determination,
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 16, 2014, Regular City Council Meetings and July 23,
2014, Special City Council Meeting,
Payments:
b. Receive and file department payments from June 27, 2014, to July 31, 2014, in the
amount of $34,300,304,91 and self- insurance payments from June 27, 2014, to
July 31, 2014, in the amount of $2,577,980.42 totaling, $36,878,285,33.
Ordinances:
(Ward 3) C. Adoption 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 ll), LLC) (FR 07/16/14 )
(Ward 4 *) d. Adoption 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) 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.) (FR 07116114)
Resolutions:
(wards 1,2,3,5,6,7) e, Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have 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,
*upon annexation
f. Resolution consenting to the Inclusion of properties, within the City's jurisdiction, in
the California HERO Program to finance energy and water efficiency projects and
approving the Amendment to the Western Riverside Council of Governments Joint
Powers Agreement, related thereto,
g. Educational Program Benefits:
Resolution authorizing the use of the City Seal as requested by the University of
Phoenix.
2. Amendment No, 1 to Resolution No, 272 -07 adopting Education
Reimbursement Program.
3. Agreement with University of Phoenix establishing a MOU with Alliance for
University benefits.
City Council Meetings of 08/13/2014
8. CONSENT CALENDAR continued
(Ward 3,4,6) h. Resolution amending the official list of designated speed zones, pursuant to
Section 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of
the Municipal Code.
I. Resolution authorizing the transfer of unclaimed money ($126,964.84) from the
Escheat Trust Account to the General Fund.
(Ward 4) j. Disposal of real property located at the southwest corner of Coffee Road and
Brimhall Road:
1. Resolution declaring real property surplus to the needs of the City.
2. Agreement with Grand Shangrila International, Inc. ($3,851,000) for purchase
of land,
k. Resolution determining that certain GeoTab GPS Fleet Tracking Systems cannot be
reasonably obtained through the usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefore, not to exceed $40,000.
(Ward 1) I. Resolution accepting the U,S, Department of Transportation Federal Aviation
Administration Grant for funding for three specific design -only improvement projects
at the Municipal Airport under Airport Improvement Program Project
No. 3 -06- 0323 -018 and authorizing the City Manager or designee and City Attorney
or designee to execute all necessary documents.
(Ward 4) M. Sewer connection fee assessment for 13000 Queen Palm Court:
1. Resolution confirming assessment for sewer connection fee and authorizing
the collection of assessment by the Kern County Tax Collector.
2. Agreement with Thomas P. and Karen A. Ramos to pay sewer connection fee
through the Kern County Tax Collector.
(Ward 1,5) n. 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 3 -93 (northwest corner of Berkshire Road and Old River Road)
2. Area 5 -70 (southwest corner of East White Lane and Cottonwood Road)
(Wards 123) o. 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. 1807 adding Area 4 -125 (2501 Union Avenue)
2. ROI No. 1808 adding Area 4 -126 (2601 Sunny Lane)
3, ROI No. 1809 adding Area 4 -127 (1104 Gage Street)
4. ROI No. 1810 adding Area 5 -71 (Tentative Tract Map 6331 Phase 2, located
south of the southwest corner of So, Union Avenue and Hosking Avenue)
(Ward 2) P. Resolution of Intention No. 1801 ordering the vacation of portions of A, B, C, D, G
streets, 13th and 14th streets and Campus Way surrounding Bakersfield High School.
City Council Meetings of 08/13/2014
8. CONSENT CALENDAR continued
Agreements:
q.
Agreement with Universal Background Screening (not to exceed $15,000) for
pre - employment background screening services.
r.
Administrative Services Agreement with Nationwide Retirement Solutions to
reduce
fees charged to employees for Deferred Compensation Services.
(Ward 1) S.
Agreement with PCL Industrial Services, Inc. ($176,400 annually), for long term lease
of non - aviation property at the Municipal Airport.
(Ward 3) t.
Maintenance Agreement with S & S Homes of the Central California Coast, Inc., for
on -site improvements for Tract 6642, located north of Kern Canyon Road and east of
Morning Drive.
(Ward 6) U.
Final Map and Improvement Agreement with BMC Stein, LLC, for Tract 7222, Unit 2,
located south of Panama Lane and west of Stine Road.
(Ward 6) V.
Final Map and Improvement Agreement with BMC Stein, LLC, for Tract 7222, Unit 3,
located south of Panama Lane and west of Stine Road.
(Ward 6) W.
Final Map and Improvement Agreement with BMC Stein, LLC, for Tract 7222, Unit 4,
located south of Panama Lane and west of Stine Road.
(Ward 6) X.
Final Map and Improvement Agreement with BMC Stein, LLC, for Tract 7222, Unit 8,
located south of Panama Lane and west of Stine Road.
(Ward 4) y.
Final Map and Improvement Agreement with BMC HEIGHTS, LLC, for Tract 7239, Unit 1
located east of River Run Boulevard and north of Ming Avenue.
(Ward 4) Z.
Final Map and Improvement Agreement with BMC HEIGHTS, LLC, for Tract 7239, Unit 2
located east of River Run Boulevard and north of Ming Avenue.
(Ward 1) aa.
Amendment No. 1 to Utility Agreement No. 13 -226 with Pacific Gas & Electric
Company, for the relocation of electrical distribution facilities in conflict with the
improvements planned on State Route 58 from State Route 99 to Cottonwood Road;
part of the Beltway Operational Improvements Project.
ab.
Amendment No. 1 to Agreement No, CM 12- 017CVB with Lunar Cow ($14,609;
revised not to exceed $44,609), to reprint the visitors guide.
(Ward 2) ac.
Amendment No. 2 to Agreement No. 13 -104 with the Kern High School District
($5,420 and extend term 3 months) to police property room storage needs at 1417 H
Street.
ad. Amendment No. 2 to Agreement No. 12 -124 with Crop Production Services ($100,000;
revised not to exceed $464,000 and extend term one year) to continue the supply
of chemicals and insecticides /herbicides.
ae. Amendment No. 7 to Agreement No. 97 -283 with Sungard Public Sector, Inc.
($45,700), to configure and install the Human Resource module.
af. Amendment No. 8 to Agreement No. 97 -283 with Sungard Public Sector, Inc.
($13,700), for Click2Gov module upgrades.
City Council Meetings of 08/13/2014
8. CONSENT CALENDAR continued
(Ward 4) ag. Westside Parkway Phase 6C Project: (TRIP)
1. Agreement with Kern County ($250,000) for wall and screen fencing along
Allen Road and along the Westside Parkway,
2. Appropriate $250,000 in Other Agency Share Funds from County of Kern to the
Public Works Capital Improvement Budget within the Capital Outlay
Utility /Roads Fund for work on Westside Parkway Project T9WP6C,
3, Contract Change Orders No. 16 to Agreement No. 12 -165 with Security Paving
Company, Inc. ($191,443.18; revised not to exceed $29,720,364.71; change
order funded with Traffic Development Funds and County Funds) for the
construction of the project,
(Ward 1,2) ah. Contract Change Order No. 13 to Agreement No. 13 -140 with Security Paving
Company, Inc. ($79,921.65; revised not to exceed $14,326,306.57), for the project
known as State Route 58 GAP Closure Project. (TRIP)
(Ward 7) ai, Contract Change Order No. 1 to Agreement No. 13 -201 with Bowman Asphalt,
Inc, ($36,216.85; revised not to exceed $812,173.85), for the project known as
Hosking Avenue Widening and Related Improvements.
(Ward 2) aj,
Terminate Agreement No. 13 -232 with MPI Prime Construction, Inc. ($13,770 balance
remaining) for bathroom reconstruction at Fire Station No, 1,
Property Acquisition Agreements - TRIP:
(Ward 2) ak.
Agreement with Alma Flores ($270,000) to purchase real property located at
4420 Marella Way, for the Centennial Corridor Project.
(Ward 2) al,
Agreement with Pansy Turner ($269,000) to purchase real property located at
4316 Kentfield Drive, for the Centennial Corridor Project.
(Ward 2) am.
Agreement with Shyanne Cornelius ($252,000) to purchase real property located at
4300 Kentfield Drive, for the Centennial Corridor Project.
(Ward 2) an.
Agreement with Devonte Lanell and Sara Ann Jennings ($301,000) to purchase real
property located at 4304 Hillsborough Drive, for the Centennial Corridor Project.
(Ward 2) ao.
Agreement with Delores M. Depolan ($244,000) to purchase real property located at
4412 Hillsborough Drive, for the Centennial Corridor Project.
(Ward 2) ap,
Agreement with Ana Martinez ($152,000) to purchase real property located at
14 Morrison Street, for the Centennial Corridor Project.
(Ward 2) aq.
Agreement with Salvador and Barbara Sandoval ($147,000) to purchase real
property located at 121 Morrison Street, for the Centennial Corridor Project.
(Ward 2) ar,
Agreement with California Premier Auctions LLC ($230,000) to purchase real property
located at 4220 La Mirada Drive, for the Centennial Corridor Project,
Ward 2) as.
Agreement with Valerie Ann Macias ($210,000) to purchase real property located at
4400 Kentfield Drive, for the Centennial Corridor Project.
( (Ward 2) at.
Agreement with Phillip W. and Martha A. Gillet ($305,000) to purchase real property
located at 4408 Hillsborough Drive, for the Centennial Corridor Project.
5 City Council Meetings of 08/13/2014
8. CONSENT CALENDAR continued
(Ward 2) au.
Agreement with John L, and Linda L. Gaddy, Trustees of the Gaddy Family Trust
($239,000) to purchase real property located at 4509 Charter Oaks Avenue, for the
Centennial Corridor Project.
(Ward 2) ay.
Agreement with Wayne and Joanne Rosenthal ($254,000) to real
purchase property
located at 709 Montclair Street, for the Centennial Corridor Project.
(Ward 2) aw.
Agreement with Janice Crooks, surviving trustee of the Robert and Janice Crooks
Revocable Trust ($245,000) to purchase real property located at 4408 Kensington
Avenue, for the Centennial Corridor Project.
(Ward 2) ax.
Agreement with Scott C. Heilman ($264,000), to purchase real property located at
2301 C Street, for the 24th Street Widening Project.
(Ward 2) ay.
Agreement with Shun Yee Florence Flesche ($210,000) to purchase real property
located at 2401 Spruce Street for the 24th Street Widening Project.
(Ward 2) az,
Agreement with Jeannette Erassarret ($250,000) to purchase real property located
at 2331 Beech Street for the 24th Street Widening Project.
(Ward 3) ba.
Easement Agreement with Burlington Northern Santa Fe Railway Company (BNSF),
for easement property identified as APN 332 - 280 -16, to widen at grade crossing in
conjunction with Rosedale Highway Widening Project.
Bids:
bb.
Accept bid and approve contract with Granite Construction Company (not to
exceed $6,500,000) for annual contract to supply street materials.
(Ward 2) bc.
Accept bid and approve contract with DOD Construction (not to exceed $313,500)
for the construction of HUD curb and gutter for Oleander Area.
(Ward 1) bd.
Accept bid and approve contract with Cen -Cal Construction (not to exceed
$291,975) for the construction of HUD curb and gutter for Planz Area.
(Ward 1,2) be.
Accept bid and approve contract with Cen -Cal Construction (not to exceed
$291,975) for the construction of HUD curb and gutter for Beale Area.
bf.
Accept bid and approve contract with Cen -Cal Construction (not to exceed
$2,145,332) for annual contract for concrete construction.
(Ward 2) bg.
Accept bid and approve contract with Angelus Waterproofing & Restoration Inc.
($124,955), for the Convention Center Stage House Roof Recoating Project.
(Ward 2) bh.
Accept bid and approve contract with American Paving Company ($696,294.60)
for Bridge Repair: Oak Street at Burlington Northern Santa Fe Railway (BNSF).
City Council Meetings of 08/13/2014
8. CONSENT CALENDAR continued
bi, Police Special Sedans;
1, Extend bid from Jim Burke Ford ($91,840,24) for four replacement four door
police special sedans for use by the Police Department,
2, Transfer and appropriate $75,968 Self Insurance Fund balance to the
Equipment Management Fund Operating Budget.
3. Appropriate $15,872 Fund balance to the Equipment Management Fund
Operating Budget,
Miscellaneous:
bj, Appropriate $60,000 State Grant Revenue for the Waste Tire Enforcement Grant
Program to the Community Development Services Operating Budget in the General
Fund.
(Ward 2) bk. Appropriate $6,000 from Kern Federal Credit Union sponsorship revenues to the
Recreation and Parks Operating Budget within the General Fund to provide
landscape improvements to the South H Street underpass.
(Ward 7) bl, Appropriate $6,670 from C &O Bakersfield I, LLC and Moreland Family, LLC for
landscape improvement deposits to the Recreation and Parks Operating Budget
within the General Fund to complete landscape improvements for Tract 6362
Phase 1,
(Ward 3)
VA
(Ward 2)
(Ward 6,7)
(Ward 2)
bm, Accept State Farm "Celebrate My Drive" grant, in the amount of $5,000, and
appropriate the $5,000 contribution to the Police Department Operating budget in
the General Fund to develop brochures and purchase promotional handouts to
bring awareness of the dangers of texting while driving to teen drivers.
bn, Approval of Parcel Map 11788 Phase 2 with DCM Assets Management, LLC,
located at the southwest corner of Olive Drive and Calloway Drive,
Successor Agency Business:
bo, Receive and file successor agency payments from June 27, 2014, to July 31, 2014,
in the amount of $1,680,071,70.
Staff recommends adoption of Consent Calendar items 8a, through 8,bo.
CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution ordering the vacation of a portion 17th place
alley, within block 269, between N and O streets. (Staff recommends adoption of
Resolution)
b. Public Hearing to consider Resolution establishing Underground Utility District No, 2,
Division 36 (Stine Road, Panama Lane to Ryzona Street). (Staff recommends overriding
protests and adoption of Resolution)
C. Public Hearing to consider Resolution establishing Underground Utility District No, 2,
Division 37 (20th Street - V Street to its western terminus approximately 578 feet west
of V Street). (Staff recommends overriding protests and adoption of Resolution)
City Council Meetings of 08/13/2014
9. CONSENT CALENDAR PUBLIC HEARINGS continued
(Ward 2) d, Public Hearing to consider Resolution establishing Underground Utility District No. 2,
Division 38 (34th Street - Chester Avenue to Union Avenue). (Staff recommends
overriding protests and adoption of Resolution)
(Ward 3) e. Public Hearing on Resolution of Necessity (RON) to determine whether the public
interest and necessity for acquisition of certain real property located at 411 Truxtun
Avenue, for the Amtrak Parking Structure Project (Code Civ, Proc, § 1240.010) (staff
recommends adoption of the Resolutions of Necessity)
10. HEARINGS
(Ward 3) a. City in the Hills Land Exchange Proposal of two parcels in northeast Bakersfield that
would allow for development of single - family residential homes on the 11.32 acres
located on City Hills Drive, and City's acquisition of 19.21 acres adjacent to the Mesa
Morin Sports Complex, Heidi Carter- Escurdero has appealed Planning Commission's
decision to approve proposal of the following:
1, Zone change No. 14 -0132; City (property owner), has applied for a zone
change on 11,32 acres located on the east side of City Hills Drive, between
Garden Park Drive and Kuma Way.
Resolution adopting a Negative Declaration.
First Reading of Ordinance amending the Official Zoning Map in Title 17
of the Municipal Code by changing the zone district from a PUD
(Planned Unit Development) to an R -1 /PUD (One Family
Dwelling /Planned Unit Development),
2. General Plan Amendment /Concurrent Zone Change No. 14 -0237 - City is
requesting an amendment to the Metropolitan General Plan Land Use
Element and Zoning Ordinance on approximately 19,21 acres located
between Kern Canyon Road (Highway 184) and Bedford Green Road.
L Resolution adopting a Negative Declaration.
ii. Resolution approving the general plan amendment changing the land
use designation from HMR (High Medium Density Residential) to OS -P
(Parks and Recreation).
iii. 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
(Multiple Family Dwelling /Planned Unit Development) to RE
(Recreation),
3. Land Exchange Agreement - City and Mesa Morin, LLC, propose to enter into
agreement to exchange 11,32 acres located at City Hills Drive and Garden
Park Drive owned by the City for 19,21 acres located between Kern Canyon
Road and Bedford Road,
Staff recommends adoption of Resolutions First Reading of the Ordinances approval of Agreement
and denial of appeal.
11. REPORTS
a. Centennial Plaza Engraved Tiles & Bricks.
Staff recommends the item be referred to Community Services Committee,
City Council Meetings of 08/13/2014
12. DEFERRED BUSINESS
13. NEW BUSINESS
a, League of California Cities Annual Conference appointment of voting delegate(s)
and City positions on Conference Resolution,
Staff recommends Council appoint a voting delegate and alternate and adopt resolution,
b, Golden Empire Transit District (GET),
Staff recommends Council determination,
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
City Council Meetings of 08/13/2014
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Closed session 4. a.
TO: Honorable Mayor and City Council
FROM: City Attorney
DATE: 7/28/2014
WARD:
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
STAFF RECOMMENDATION:
BACKGROUND:
ATTACHMENTS:
Description Type
D Administrative Report Cover Memo
4
.. ; ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Presentations 4. a.
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: 7/1/2014
WARD:
SUBJECT: Presentation by Mayor Hall of a Proclamation to Judith McCarthy, the 2014 John Brock
Community Service Award recipient, declaring the date September 4, 2014, as Judith
McCarthy Day.
STAFF RECOMMENDATION:
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Presentation 4. b.
TO:
FROM:
DATE:
WARD:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
7/2/2014
Presentation by Mayor Hall of a picture plaque to Megan Tackitt, owner of Noriega
House, honoring the beautification efforts at 1325 Baker Street.
STAFF RECOMMENDATION:
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Presentations 4. c.
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: 7/2/2014
WARD:
SUBJECT: Presentation by Mayor Hall of a Certificate of Appreciation to representatives of CBCC,
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.
STAFF RECOMMENDATION:
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Presentations 4. d.
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: 7/15/2014
WARD:
SUBJECT: Presentation by representatives of Kern Federal Credit Union to Mayor Hall of a $6,000
check for the purpose of funding the H Street Improvement Project.
STAFF RECOMMENDATION:
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Appointments 7. a.
TO:
Honorable Mayor and City Council
FROM:
Roberta Gafford, City Clerk
DATE:
7/24/2014
WARD:
Ward 2
SUBJECT: One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of
Karen DeWalt, whose term was to expire December, 2016.
STAFF RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one vacancy for a Regular Member on the Keep Bakersfield Beautiful Committee
(KBBC) due to the resignation of Karen DeWalt (Ward 2), whose term was to expire December,
2016.
One application has been received from Kyle W. Carter.
The Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The Committee is
comprised of eight (8) Mayor /Council- appointed members, who take on the responsibility of
decision making for the beautification program. On July 30, 2009, the City Council adopted
Ordinance 4520 which allows each Councilmember and the Mayor to appoint one Alternate
member to the KBBC. Each Alternate is allowed to vote in the place of their corresponding
appointed Regular Committee members when absent.
The duties of the KBBC are to recommend policies and specific programs to the City Council
which promote the Mission Statement of the KBBC, as reflected in its Bylaws on file with the City
Clerk. In addition, the KBBC shall actively participate in the implementation of various programs
and projects to achieve the KBBC Mission Statement. The Committee Coordinator of the KBBC
will be the liaison between KBBC and the City Council, and shall provide the Council, upon
request, written reports on the activities of the KBBC.
The news release for this recruitment was posted on June 18, 2014.
ATTACHMENTS:
Description Type
D Application Backup Material
f e -ADMINISTRATIVE REPORT
�IiT}1
MEETING DATE: 8/13/2014 Minutes a.
TO: Honorable Mayor and City Council
FROM: Roberta Gafford, City Clerk
DATE: 7/25/2014
WARD:
SUBJECT: Approval of minutes of the July 16, 2014, Regular City Council Meetings and the July 23,
2014, Special City Council Meeting.
STAFF RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ATTACHMENTS:
Description Type
D July 16 minutes Cover Memo
D July 23 minutes Cover Memo
ADMINISTRATIVE REPORT
MEETING DATE: 8113/2014 Consent Calendar -Payments b.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 7/31/2014
WARD:
SUBJECT: Receive and file department payments from June 27, 2014, to July 31, 2014, in the
amount of $34,300,304.91 Self Insurance payments from June 27, 2014 to July 31, 2014
in the amount of $2,577,980.42 totaling $36,878,285.33.
STAFF RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
ATTACHMENTS:
Description Type
D 1 -AP Check Register Admin 08 -13 -14 Cover Memo
D 2 -EPav Check Register Admin 08 -13 -14 Cover Memo
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent - Ordinances c.
TO: Honorable Mayor and City Council
FROM: Douglas N. Mclsaac, Community Development Director
DATE: 7/23/2014
WARD: Ward 3
SUBJECT: Adoption of Ordinance amending the Official Zoning Map in Title 17 of the 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 No. 05 -1932 applies to this project. (ZC # 14-
0050 - SmithTech USA, representing SB /RBLI Land Company (North Kern II), LLC) (FR
07116114)
STAFF RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on July 16, 2014.
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 atthe 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 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 /PUD. 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.
ATTACHMENTS:
Description Type
D Ordinance Ordinance
MEETING DATE: 8/13/2014
ADMINISTRATIVE REPORT
Consent Calendar - Ordinances d.
TO: Honorable Mayor and City Council
FROM: Douglas N. Mclsaac, Community Development Director
DATE: 7/22/2014
WARD: Ward 4
SUBJECT: Adoption 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) 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.) (Ward 4 Upon Annexation) (FR
07116114)
STAFF RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on July 16, 2014.
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,
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 adoption of the ordinance.
ATTACHMENTS:
Description
ZC 14 -0130 Ordinance
Type
Ordinance
. ADMINISTRATIVE REPORT
H
MEETING DATE: 8/13/2014 Consent Calendar e.
TO: Honorable Mayor and City Council
FROM: Douglas N. Mclsaac, Community Development Director
DATE: 7/22/2014
WARD: Ward(s) 1, 2, 3, 5, 6, 7
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorizing collection of the assessments by the Kern
County Tax Collector.
STAFF RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on July 14, 2014, by the City Manager designee and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of
the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated
structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris
and waste matter. The property owners were notified and failed to comply with the notices to
abate such public nuisance. After a hearing duly noticed and held before the Building Director,
the Director issued orders requiring the property owner to abate the public nuisance. The subject
properties are listed as follows:
PROPERTY LOCATION APN COST
Ward 1
1.
4501 Alexander Street
171- 230 -37
$
1,099.00
2.
1401 Antonia Way
022- 122 -12
$
300.00
3.
25 Augusta Street
018- 250 -23
$
600.00
4.
1023 Beryl Drive
022 - 163 -02
$
105.00
5.
906 Bradshaw Street
170 - 131 -11
$
105.00
6.
229 S. Brown Street
019- 192 -06
$
875.00
7.
1020 S. Brown Street
019- 051 -10
$
1,110.00
8.
3601 S. Chester Avenue #61
025 - 185 -19
$
969.00
9.
3601 S. Chester Avenue #62
025 - 185 -20
$
850.00
10.
1404 Dodge Avenue
025 - 082 -20
$
105.00
11.
1000 Dr. M L King Jr. Blvd.
018 - 032 -03
$ 1,229.00
12.
236 S. Haley Street
019 - 191 -01
$
700.00
13.
1003 L Street
009 - 112 -09
$
674.00
14.
1005 L Street
009 - 112 -08
$
674.00
15.
1111 L Street
009- 022 -06
$
300.00
16.
1304 Murdock Street
018 - 122 -39
$
780.00
17.
1201 Ralston Street
018 - 111 -07
$
694.00
18.
521 Terrace Way
011 - 230 -01
$
1,050.00
19.
120 Tyree Toliver Street
018 - 320 -05
$
105.00
20.
1002 Watts Drive
170- 221 -05
$
105.00
21.
1206 3rd Street
010 - 190 -30
$
865.00
22.
1312 E. 9th Street
018- 061 -24
$
1,125.00
23.
1420 E. 9th Street
018- 061 -19
$
1,145.00
Ward 2
24.
1734 Bank Street
008 - 313 -15
$
105.00
25.
2523 Brundage Lane
147 - 080 -11
$
105.00
26.
2825 California Avenue
007 - 031 -09
$ 2,119.00
27.
708 El Prado Drive
011 - 153 -15
$
300.00
28.
233 Eye Street
010 - 280 -07
$
1,079.00
29.
1125 Gage Street
015- 340 -17
$
600.00
30.
200 Jefferson Street
012 - 310 -19
$ 835.00
31.
4412 Kentfield Drive
020- 481 -13
$ 300.00
32.
1205 Lake Street
015 - 400 -02
$ 794.00
33.
318 Oregon Street
012 - 170 -08
$ 1,799.00
34.
724 Oregon Street
013 - 270 -08
$ 735.00
35.
3129 San Dimas Street
002 - 051 -15
$ 694.00
36.
409 17th Street
006 - 131 -05
$ 105.00
37,
1126 E. 18th Street
017- 180 -10
$ 1,055.00
38.
1303 26th Street
005 - 342 -08
$ 770.00
Ward 3
39.
3013 Cornell Street
021 - 352 -23
$ 600.00
40.
2606 Gill Avenue
383 - 122 -04
$ 1,050.00
41.
3005 Hollins Street
021 - 351 -18
$ 105.00
42.
3413 Juniper Ridge Road
438 - 051 -16
$ 1,250.00
43.
3009 River Boulevard
021 - 041 -32
$ 105.00
44.
3006 Wenatchee Avenue
383 - 220 -05
$ 300.00
Ward 5
45.
8612 Hassam Drive
392- 052 -14
$ 1,055.00
46.
9313 Lanneau Court
392 - 291 -41
$ 694.00
47.
9404 Lanneau Court
392 - 291 -30
$ 674.00
Ward 6
48.
2725 Hempstead Lane
355 - 243 -07
$ 1,025.00
49.
5000 Lawrence Court
384 - 040 -29
$ 724.00
50.
4124 Parker Avenue
440 - 230 -05
$ 105.00
51.
4513 Parkwood Court
164- 320 -17
$ 300.00
52.
5515 Stillwater Drive
498 - 503 -02
$ 1,435.00
53.
7000 Water Wheel Drive
498 - 321 -32
$
700.00
Ward 7
54.
1208 Balasis Place
516- 412 -09
$
105.00
55.
6104 Camp Street
413 - 163 -02
$
600.00
56.
4242 Hughes Lane
405 - 020 -06
$
300.00
57.
4001 Thatch Avenue
371 - 343 -01
$
105.00
58.
1300 Wible Road
148 - 260 -36
$
105.00
59.
6812 Zelda Way
516- 064 -04
$
105.00
The owners of the above - mentioned properties failed to commence the required work as ordered
by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the
Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of
the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the
property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had
been given notice of their right to appear at the hearing on this matter before the City Manager
designee and to object to the correctness of the costs incurred by the City to remove the public
nuisance. The City Manager designee has approved the assessments associated with the
above - mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be made
a lien against the property. This will be done by adoption of the attached resolution.
ATTACHMENTS:
Description
Type
❑ Resolution
Resolution
❑ Declaration
Cover Memo
❑ Exhibit A
Exhibit
6 ADMINISTRATIVE • • -
4�
MEETING DATE: 8/13/2014 Consent -Resolutions f.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: 8/6/2014
WARD:
SUBJECT: Resolution Consenting to the Inclusion of Properties, Within the City's Jurisdiction, in the
California HERO Program to Finance Energy and Water Efficiency Projects, and
Approving the Amendment to the Western Riverside Council of Governments Joint
Powers Agreement, Related Thereto.
STAFF RECOMMENDATION:
The Budget and Finance Committee unanimously recommends the City move forward with
making residential Property Assessed Clean Energy (PACE) options available to City residents
and approval of the Resolution joining the HERO PACE program.
BACKGROUND:
In 2008, the State of California approved legislation that enabled counties and cities to create
PACE Programs to provide a mechanism for property owners to fund energy efficiency, water
efficiency and other renewable energy projects, utilizing their property as collateral. The
legislation authorized the creation of assessment districts, whereby commercial and residential
property owners could finance the upfront capital costs of these projects and repay the amount
financed through a contractual assessment on their property. The contractual assessments are
recorded as a lien (in most cases a priority lien) against the subject property, entered in the
County roll and collected through the property owner's tax bill at the same time and in the same
manner as traditional property assessments. The concept is that the assessments that repay the
efficiency project loan amount, plus any applicable interest, run with the property until the
repayment term expires.
In response to this movement, some cities and counties began to set up, administer and fund
local PACE programs. At the same time, several statewide PACE programs were being
developed to provide cities a turnkey PACE option that did not place administrative or financial
liability burdens on the cities that participated in them.
In 2010, the City of Bakersfield and the County of Kern joined a large number of other cities and
counties throughout California in approving participation in the CaliforniaFIRST PACE program.
This program was sponsored by California Communities, a Joint Powers Authority established by
the League of California Cities and the California Association of Counties. Again, this was done
in an effort to provide City residents and businesses with the opportunity to access a statewide
PACE financing program.
In April of 2013, the City expanded PACE program opportunities for City residents and
businesses by joining a second statewide PACE program sponsored by the California Enterprise
Development Authority, a statewide Joint Powers Authority similar to California Communities.
This PACE program is commonly referred to as the Figtree PACE Program, based on the name
of the financing company that administers it.
Federal Housing Finance Agency (FHFA) Issue:
FHFA is an independent federal agency which supervises and regulates Fannie Mae, Freddie
Mac and the 12 Federal Home Loan Banks. Together these enterprises own or guarantee more
than $5 trillion in residential mortgages. On July 6, 2010, FHFA issued a statement raising
concerns regarding PACE programs. FHFA's primary concerns were related to the first -lien
position offered through the PACE programs and the potential effects that position could have on
mortgages, either owned or guaranteed by Fannie and Freddie.
In follow -up to the July statement, FHFA issued a February 28, 2011 directive which prohibited
Fannie and Freddie from purchasing mortgage loans secured by properties with outstanding first -
lien PACE obligations and required them to undertake other steps necessary to "protect their
safe and sound operations from these first -lien PACE programs."
As a result of FHFA's reaction to PACE programs with priority -lien components, most PACE
programs stalled and, after some time, only moved forward with commercial projects which were
not impacted by the FHFA issues. Both of the programs joined by the City of Bakersfield
(CaliforniaFIRST and Figtree) fell into this category and were not processing residential PACE
projects until recently.
Home Energy Renovation Opportunity (HERO) Program:
Sponsored by the Western Riverside Council of Governments ( WRCOG), the HERO program
functions similar to the CaliforniaFIRST and Figtree programs in that it is available to all cities
and counties (through joining WRCOG as an associate member). The HERO program continued
to develop and implement its residential PACE option irrespective of the response from FHFA
discussed above. The HERO program has been primarily established in the counties of
Riverside, San Bernardino, Orange, Los Angeles and San Diego. However, new additions to this
list appear to be occurring on a regular basis with new jurisdictions joining regularly. The County
of Kern is now a participating member of the HERO program which allows residents of the
unincorporated areas of Kern County to utilize the HERO program.
California Response to FHFA:
In an effort to address the concerns of FHFA regarding potential impacts of first -lien PACE
programs, Governor Brown signed SB 96 into law in September of 2013. This legislation
authorized the California Alternative Energy and Advanced Transportation Financing Authority
(CAEATFA) to establish a PACE Loss Reserve Program. The reserve fund is designed to
reimburse residential PACE programs for costs associated with keeping mortgage interests
whole in the event of a foreclosure or forced sale. CAEATFA is currently in place and most of the
functioning PACE programs have been recognized as approved PACE programs covered under
the CAEATFA PACE Loss Reserve Program.
Conclusion:
Staff has been involved in tracking the development of PACE programs since 2008. Currently,
the City offers its residents PACE financing opportunities through two sources; the
CaliforniaFIRST PACE program and the Figtree PACE program. Until recently, neither of these
options provided a residential component, due to the position of FHFA. Instead both PACE
programs focused on commercial, industrial or multifamily projects.
FHFA has maintained a passive opposition to the concept of PACE programs that include a
priority -lien component. However, in light of the establishment of the California Loss Reserve
Program, coupled with the widespread growth of the HERO residential PACE program
throughout the state (including the County of Kern), the Budget & Finance Committee is
recommending the City make residential PACE options available to City residents and join the
HERO residential PACE program by adoption of the Resolution.
The City is already a participant in the CaliforniaFIRST program and no action is necessary for
City residents to be afforded this option. The CaliforniaFIRST program has already begun a "soft
launch" of its residential PACE program, with full scale launch planned for early September.
ATTACHMENTS:
Description Type
D Resolution Resolution
D Exhibit A to Resolution Exhibit
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent g.
TO: Honorable Mayor and City Council
FROM: Christi Tenter, Human Resources Manager
DATE: 7/25/2014
WARD:
SUBJECT: Educational Program Benefits:
1. Resolution authorizing the use of the City Seal as requested by the University of
Phoenix.
2. Amendment No. 1 to Resolution 272 -07 adopting Education Reimbursement
Program.
3. Agreement with University of Phoenix establishing a MOU with Alliance for
University benefits.
STAFF RECOMMENDATION:
Staff recommends approval of the resolutions and agreement.
BACKGROUND:
The University of Phoenix (UOP) is the nation's largest private university catering to working
adults seeking higher education by offering convenient class times at local sites. The university
offers undergraduate and graduate degree programs at more than 100 locations (including
Bakersfield), as well as online in most countries around the world.
UOP approached the City of Bakersfield to offer a 10% tuition reduction to employees of the City
of Bakersfield. This agreement does not prevent the City from entering into another
memorandum of understanding (MOU) with any other educational institutions and does not give
UOP exclusivity. The MOU, which is attached to the resolution as Exhibit A, can be terminated
with 30 days written notice.
Item 3 of the General Terms and Conditions of the MOU seeks permission to use the City's name
and logo, which is the City seal, to promote its educational program and tuition discount to City
employees. It serves the City's purpose to allow the use of the City's seal in conjunction with
UOP's educational efforts and tuition discount provided to City employees. The Bakersfield
Municipal Code governs the use of the City seal and requires receipt of City Council
authorization prior to the requested use.
Approval of the request would enable the City to enter into the MOU with UOP and provide the
10% tuition reduction to City employees to further their education and save the City costs in
education reimbursement that it provides its employees.
In connection with reviewing the UOP program staff also reviewed the existing resolution
adopting an educational reimbursement program from 2007 and is recommending an
amendment. The program approved in 2007 referenced specific CSUB rates which were
applicable to the 2007 -2008 school year. Since that time these rates have changed absent
update to the policy and /or resolution. In order to have a more accurate program for employees
to reference, and to ensure accurate information is published in a timely manner, the
recommended amendment removes all reference to specific CSUB rates and only outlines
program annual and lifetime maximums.
The revisions do not change any annual and /or lifetime program maximums and there are no
budgetary implications as a result of the program revisions.
ATTACHMENTS:
Description Type
D Reso City Seal Cover Memo
D Reso Ed Program No. 1 Cover Memo
D UOP MOU Cover Memo
4 i �
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent Calendar i.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: 7/25/2014
WARD:
SUBJECT: Resolution authorizing the transfer of unclaimed money ($126,964.84) from the Escheat
Trust Account to the General Fund.
STAFF RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The term "escheat" refers to a legal process where land, cash or other items of value revert to the
previous owner if the asset remains unclaimed for a period of time. Occasionally vendors or
residents do not cash checks used to them by the City. After a period of time, the checks are
considered "stale dated" and are no longer valid. The checks are then voided and the funds are
held in a special "escheat" trust account. These unclaimed monies are listed on the City's
Treasury web site for public review and may be claimed at any time over a period of three years.
The California Government Code (Section 50053) outlines the process for the unclaimed funds to
be transferred back to the City.
In order for this transfer to occur, the California Government Code requires a notice be published
in a newspaper of general circulation and a minimum of at least 45 days must lapse before the
City has the right to transfer these unclaimed monies to the City. In accordance with the
Government Code, an advertised notice was published in the Bakersfield Californian on February
21, 2014 and February 28, 2014 with names and amounts of anything $15.01 and greater which
has been unclaimed for more than three years. Exhibit "A" contains those items which are still
unclaimed to date and any amounts $15.00 or less that remains unclaimed for more than one
year which were not required to be in the notice. Adoption of this Resolution will allow the City to
transfer this money from the Escheat Trust Account to the General Fund.
ATTACHMENTS:
Description Type
D Resolution authorizing transfer of unclaimed monies Resolution
D List of Unclaimed Monies Exhibit
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent Calendar - Resolutions J.
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DATE:
7/28/2014
WARD:
Ward 4
SUBJECT:
Disposal of real property located at the southwest corner of Coffee Road and Brimhall
Road:
1. Resolution declaring real property surplus to the needs of the City.
2. Agreement with Grand Shangrila International, Inc. ($3,851,000) for purchase of
land.
STAFF RECOMMENDATION:
Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
The California Department of Transportation (Caltrans) acquired five parcels of land totaling
33.55 acres for the 58 Freeway Project. The five parcels were originally acquired for
$9,157,282. Then on April 2, 2002, the California Transportation Commission (CTC) terminated
this project and replaced it with the Westside Parkway Project to be implemented by the City of
Bakersfield. The CTC directed Caltrans to transfer the ownership of these parcels at no cost to
the City of Bakersfield .
The City of Bakersfield has since completed the construction of the Westside Parkway and has
determined that approximately 8.95 +/- acres to be excess lands. The City then conducted a
written /oral bidding process in accordance with Bakersfield Municipal Code Section 3.20.125.
The property was appraised by Merriman Hurst & Associates, Inc. and a minimum bid of
$3,000,000 was derived as per the municipal code. Signage was installed on the property and
the sale information was listed on the Cityweb from June 1 through the bid close /auction date of
July 18th, 2014.
The City received 3 written bids and had 4 oral bidders. The winning oral bidder was Grand
Shangrila International, Inc. with a bid of $3,851,000. This amount is $551,000 above the
$3,300,000 appraised value.
Caltrans has advised the City that since the original monies that were used to acquire right of
way came from the Kern County Regional Transportation Improvement Program (RTIP) funds in
the State Transportation Improvement Program (STIP) the excess sale money needs to go into
the right of way phase of another STIP /RTIP project.
ATTACHMENTS:
Description
D Resolution
Purchase agreement
Type
Resolution
Agreement
SUBJECT: Resolution determining that certain GeoTab GPS Fleet Tracking Systems cannot be
reasonably obtained through the usual bidding procedures and authorizing the Finance
Director to dispense with bidding therefore, not to exceed $40,000.00.
STAFF RECOMMENDATION:
Staff recommends the adoption of the Resolution.
BACKGROUND:
It was determined several years ago that GPS fleet tracking systems were a necessary and vital
management tool for the operation of the City of Bakersfield's mobile equipment, and GeoTab
GPS Fleet Tracking Systems were installed in the applicable fleet inventory. The systems are
comprised of individual GPS vehicle tracking units that feed data into fleet management
software. All portions of this system must be manufactured by GeoTab in order to function
properly because of product compatibility.
The only regional distributor for GeoTab GPS Fleet Tracking Systems is Blackhole Technologies,
Inc., and as such, all purchases of this type must go through them. The current needs of Fleet
Services will be to purchase units to outfit new equipment acquisitions, replace outdated or
dysfunctional units, software management, and service calls on the units.
Funds for the purchase of the GeoTab GPS Fleet Tracking Systems are in the FY 2014 -2015
Adopted Budget.
ATTACHMENTS:
Description Type
D Sole Source Resolution for Blackhole Technologies, Inc. Resolution
D Letter From Blackhole Technologies Backup Material
ADMINISTRATIVE REPORT
MEETING DATE:
8/13/2014 Consent Calendar k.
TO:
Honorable Mayor and City Council
FROM:
Nick Fidler, Director of Public Works
DATE:
7/10/2014
WARD:
SUBJECT: Resolution determining that certain GeoTab GPS Fleet Tracking Systems cannot be
reasonably obtained through the usual bidding procedures and authorizing the Finance
Director to dispense with bidding therefore, not to exceed $40,000.00.
STAFF RECOMMENDATION:
Staff recommends the adoption of the Resolution.
BACKGROUND:
It was determined several years ago that GPS fleet tracking systems were a necessary and vital
management tool for the operation of the City of Bakersfield's mobile equipment, and GeoTab
GPS Fleet Tracking Systems were installed in the applicable fleet inventory. The systems are
comprised of individual GPS vehicle tracking units that feed data into fleet management
software. All portions of this system must be manufactured by GeoTab in order to function
properly because of product compatibility.
The only regional distributor for GeoTab GPS Fleet Tracking Systems is Blackhole Technologies,
Inc., and as such, all purchases of this type must go through them. The current needs of Fleet
Services will be to purchase units to outfit new equipment acquisitions, replace outdated or
dysfunctional units, software management, and service calls on the units.
Funds for the purchase of the GeoTab GPS Fleet Tracking Systems are in the FY 2014 -2015
Adopted Budget.
ATTACHMENTS:
Description Type
D Sole Source Resolution for Blackhole Technologies, Inc. Resolution
D Letter From Blackhole Technologies Backup Material
a
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent - Resolutions 1.
TO:
Honorable Mayor and City Council
FROM:
Nick Fidler, Public Works Director
DATE:
7/24/2014
WARD:
Ward 1
SUBJECT: Resolution accepting the U.S. Department of Transportation Federal Aviation
Administration Grant for funding for three specific design -only improvement projects at
the Municipal Airport under Airport Improvement Program Project No. 3 -06- 0323 -018 and
authorizing the City Manager, or designee, and City Attorney, or designee, to execute all
necessary documents.
STAFF RECOMMENDATION:
Staff recommends approval of resolution.
BACKGROUND:
This resolution authorizes the acceptance of the grant offer from the Federal Aviation
Administration for three specific design projects for improvements at the Bakersfield Municipal
Airport. The resolution also authorizes the City Manager or designee and City Attorney or
designee to execute all documents necessary for the grant acceptance.
This grant provides for approximately $150,000 of federal funding for three projects at the
Bakersfield Municipal Airport. Each of the three projects will be 90% federally funded with
general aviation funds providing the 10% local match requirement. The three projects are:
1. Northeast Hangar Taxilane Rehabilitation (Design -only)
(Estimate: federal share = $88,090; local share = $8,809).
2. Northwest Apron Rehabilitation (Design -only)
(Estimate: federal share = $30,600; local share = $3,060).
3. Main Apron Rehabilitation (Design -only)
(Estimate: federal share = $31,310; local share = $3,131).
The first of the three projects is the design of the rehabilitation of the Northeast Hangar taxiway
and apron area. The existing pavement in these areas are rated "poor and very poor" in the
Airport Pavement Management System. This design will develop the required repair with the
proposed reconstruction phased over several years.
The second project is the design of the rehabilitation of the Northwest apron area. Pavement
rating of these areas is "good to fair ". It is anticipated the design will recommend a seal coat.
The third project is the design of the rehabilitation of the Main apron. The pavement condition is
rated "good to fair" and it is anticipated the design will recommend crack sealing and a seal coat.
There is no General Fund impact with these projects. The local match will use General Aviation
Funds. All three of the projects are currently budgeted.
ATTACHMENTS:
Description Type
D Resolution to approve FAA grant Cover Memo
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent m.
TO:
Honorable Mayor and City Council
FROM:
Nick Fidler, Public Works Director
DATE:
7/18/2014
WARD:
Ward 4
SUBJECT:
Sewer connection fee assessment for 13000 Queen Palm Court:
1. Resolution confirming assessment for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Thomas P and Karen A. Ramos to pay sewer connection fee
through the Kern County Tax Collector.
STAFF RECOMMENDATION:
Staff recommends adoption of Resolution and approval of Agreement.
BACKGROUND:
The owners of the property at 13000 Queen Palm Court 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.
ATTACHMENTS:
Description Type
D Agreement Agreement
❑ Resolution Resolution
rr ��
MEETING DATE: 8/13/2014
ADMINISTRATIVE REPORT
CONSENT - Resolutions n.
TO: Honorable Mayor and City Council
FROM:
Nick Fidler, Public Works Director
DATE:
7/22/2014
WARD:
Ward(s) 1, 5
SUBJECT: Resolutions adding the following territories to the Consolidated Maintenance District and
preliminarily approving, confirming, and adopting the Public Works Director's Report for
each:
1. Area 3 -93 (northwest corner of Berkshire Road and Old River Road).
2. Area 5 -70 (southwest corner of East White Lane and Cottonwood Road).
STAFF RECOMMENDATION:
Staff recommends adopting the Resolutions.
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.
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.
ATTACHMENTS:
r
N
N
!r
r
M
r
r
M
r
Description
Type
Resolution adding Area 3 -93 to the CMD
Resolution
MD 3 -93 Exhibit 1
Exhibit
MD 3 -93 Exhibit A
Exhibit
MD 3 -93 Exhibit B
Exhibit
MD 3 -93 Exhibit C
Exhibit
MD 3 -93 Exhibit D
Exhibit
MD 3 -93 Exhibit E
Exhibit
MD 3 -93 Exhibit F
Exhibit
Resolution adding Area 5 -70 to the CMD
Resolution
MD 5 -70 Exhibit 1
Exhibit
MD 5 -70 Exhibit A
Exhibit
MD 5 -70 Exhibit B
Exhibit
MD 5 -70 Exhibit C
Exhibit
MD 5 -70 Exhibit D
Exhibit
MD 5 -70 Exhibit E
Exhibit
MD 5 -70 Exhibit F
Exhibit
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT - Resolutions o.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/24/2014
WARD: Ward(s) 1, 2, 3
SUBJECT: 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. 1807 to add Area 4 -125 (2501 Union Avenue).
2. ROI No. 1808 to add Area 4 -126 (2601 Sunny Lane).
3. ROI No. 1809 to add Area 4 -127 (1104 Gage Street).
4. ROI No. 1810 to add Area 5 -71 (Tentative Tract Map 6331 Phase 2, located south
of the southwest corner of So. Union Avenue and Hosking Avenue).
STAFF 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.
ATTACHMENTS:
Description
Type
D
ROI #1807 to add Area 4 -125 to the CMD
Resolution
D
MD 4 -125 Exhibit 1
Exhibit
D
MD 4 -125 Exhibit A
Exhibit
D
MD 4 -125 Exhibit B
Exhibit
D
MD 4 -125 Exhibit C
Exhibit
❑
MD 4 -125 Exhibit D
Exhibit
D
MD 4 -125 Exhibit E
Exhibit
D
MD 4 -125 Exhibit F
Exhibit
D
ROI #1808 to add Area 4 -126 to the CMD
Resolution
D
MD 4 -126 Exhibit 1
Exhibit
D
MD 4 -126 Exhibit A
Exhibit
D
MD 4 -126 Exhibit B
Exhibit
❑
MD 4 -126 Exhibit C
Exhibit
D
MD 4 -126 Exhibit D
Exhibit
D
MD 4 -126 Exhibit E
Exhibit
D
MD 4 -126 Exhibit F
Exhibit
D
ROI #1809 to add Area 4 -127 to the CMD
Resolution
D
MD 4 -127 Exhibit 1
Exhibit
❑
MD 4 -127 Exhibit A
Exhibit
D
MD 4 -127 Exhibit B
Exhibit
D
MD 4 -127 Exhibit C
Exhibit
D
MD 4 -127 Exhibit D
Exhibit
D
MD 4 -127 Exhibit E
Exhibit
D
MD 4 -127 Exhibit F
Exhibit
D
ROI #1810 to add Area 5 -71 to the CMD
Resolution
D
MD 5 -71 Exhibit 1
Exhibit
D
MD 5 -71 Exhibit A
Exhibit
❑
MD 5 -71 Exhibit B
Exhibit
D
MD 5 -71 Exhibit C
Exhibit
D
MD 5 -71 Exhibit D
Exhibit
D
MD 5 -71 Exhibit E
Exhibit
D
MD 5 -71 Exhibit F
Exhibit
MEETING DATE: 8113/2014
ADMINISTRATIVE REPORT
Consent Calendar -Resolutions p.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/29/2014
WARD: Ward 2
SUBJECT: Resolution of Intention No. 1801 ordering the vacation portions of A, B, C, D, G streets,
13th and 14th streets and Campus Way surrounding Bakersfield High School.
STAFF RECOMMENDATION:
Staff recommends adoption of Resolution of Intention.
BACKGROUND:
The property owner, Kern High School District, is requesting the vacation of several streets
surrounding the Bakersfield High School campus to provide a safer and securable campus for
students. Several of the streets and alleys have been vacated in previous years around and
through the campus. The streets to be vacated are a portion of A Street at 13th, remainders of
13th, C & D Streets, G Street from California Avenue to the south railroad right of way, and 14th
Street/Campus Way from H Street to A Street.
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 vacating area. A Public Utility
Easement will be reserved over those streets with utilities. A Public Utility Access Easement will
be reserved over A Street & 14th Street, as needed.
The utility companies serving the area have been notified by mail. Utilities are located in the
areas to be vacated; therefore, a Public Utility Easement will be reserved over those streets with
utilities.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of
the proposed vacating area. Public Works has received no objections from these owners as of
the date of this report.
The proposed vacation was approved by the Planning Department on July 30, 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
September 10, 2014.
ATTACHMENTS:
Description Type
❑ Resolution Resolution
❑ Exhibit A Exhibit
*` ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent q.
TO: Honorable Mayor and City Council
FROM: Christi Tenter, Human Resources Manager
DATE: 7/25/2014
WARD:
SUBJECT: Agreement with Universal Background Screening (not to exceed $15,000) for pre-
employment background screening services.
STAFF RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Staff proposes approval of a successor contract with Universal Background Screening to provide
pre - employment screening services for a three year period.
This agreement, in the amount of $15,000, would normally be processed as a departmental
agreement. However, based on Council direction, the contract is being provided for review and
approval because the contract includes a mutual indemnification requiring the City to indemnify
the vendor for breach of warranties and covenants, among other things.
In 2012 an agreement was approved, for a two year period, for Universal Background Screening
to provide pre - employment screening services. The services provided during this period have
enhanced the screening process and provide additional control and consistency measures in the
verification screening process to determine and assess candidates' qualifications and eligibility to
work. The successor agreement does not provide any rate increases for services. Universal
Background is a leading provider of background screening solutions including a comprehensive
selection of employment background checks and verifications, and compliance management
services. For more than thirty years, Universal experts have consulted with clients, in both public
and private sectors, to implement compliant background screening programs tailored to client
needs.
ATTACHMENTS:
Description Type
D Agreement Cover Memo
D Price List Cover Memo
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent -Agreements r.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 7/31/2014
WARD:
SUBJECT: Administrative Services Agreement with Nationwide Retirement Solutions to reduce fees
charged to employees for Deferred Compensation Services.
STAFF RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The City offers a deferred compensation investment program to our employees through an
Internal Revenue Code Section 457 Plan structure. We currently have two Plan Sponsors who
administer the individual accounts and recordkeeping of employees who elect to participate in
the program. The two Plan Sponsors are the International City Managers Association Retirement
Corporation (ICMA/RC) and Nationwide Retirement Solutions Incorporated (Nationwide). Each
plan sponsor offers a wide variety of investment options to choose from for employees to create
a diversified portfolio that best fits their individual needs.
We have been approached recently by Nationwide with an opportunity to reduce the Plan Asset
Fees which are charged to each employee who participates in the plan. Employees who have
active accounts with Nationwide currently pay a plan asset fee of 0.26% of their individual
account balance. Nationwide is offering to lower the fee to employees to zero (0.0 %) in
exchange for the City renewing our services agreement for a three year period.
Staff would like to accept the offer and thus significantly reduce the costs to our employees who
have chosen to participate in the deferred compensation program.
Approval of this agreement would reduce employee Plan Asset Fees to zero and would also
commit the City to retaining Nationwide as one of our plan sponsors for at least the next 36
months. After the 36 months expires the services agreement would remain in effect, but the City
(or Nationwide) would have the option of terminating the agreement for any reason after
providing 120 day notice to the other party.
ATTACHMENTS:
Description Type
D Nationwide Services Agreement Cover Memo
ADMINISTRATIVE REPORT
.. ...........................
.............. ...............................
MEETING DATE: 8/13/2014 Consent s.
TO:
Honorable Mayor and City Council
FROM:
Nick Fidler, Public Works Director
DATE:
7/25/2014
WARD:
Ward 1
SUBJECT: Agreement with PCL Industrial Services, Inc. ($176,400 annually) for long term lease of
non - aviation property at the Municipal Airport.
STAFF RECOMMENDATION:
Staff recommends approval of Agreement
BACKGROUND:
On August 29, 2007, the City entered into Agreement 07 -312 with PCL Industrial Services, Inc.
(PCL) to lease a portion of the non - aviation land at the Bakersfield Municipal Airport. The original
lease was for 10 acres of the approximately 54 acres the City owns north of the runway for the
Runway Protection Zone.
The lease with PCL has been amended twice since then. Both amendments were for the
purpose of adding to the amount of land leased by PCL in order for them to expand their light
manufacturing and storage operations. On August 20, 2008 the lease was amended to add an
additional 5 acres (15 acres total) and increase the rent from $6,000 per month ($72,000 per
year) to $9,000 per month ($108,000 per year). On June 29, 2011, Amendment No. 2 was
approved by Council to add an additional 4 acres (19 acres total) and increase the rent to
$11,400 per month, or $136,000 per year.
PCL wishes to now lease an additional 5.5 acres for a total of approximately 24.5 acres, and
extend the term of the lease by terminating Agreement 07 -312 and entering into a new
agreement with the City. The existing agreement has a ten year term with two options to extend
for five years each. The new agreement will have a term of 15 years with two options to extend
for 10 years each. Rent will be $14,700 per month with an escalator clause adjusted annually by
the change in the Consumer Price Index.
This Amendment is beneficial to the City with revenue used for operation, maintenance and
improvements at the airport and for the local match portion of FAA grants.
ATTACHMENTS:
Description Type
D PCL Lease Agreement Exhibit
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent - Agreements t.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/25/2014
WARD: Ward 3
SUBJECT: Maintenance Agreement with S & S Homes of the Central California Coast, Inc., for on-
site improvements for Tract 6642, located north of Kern Canyon Road and east of
Morning Drive.
STAFF RECOMMENDATION:
Staff recommends approval of Maintenance Agreement.
BACKGROUND:
The original developer of Tract 6642 was International Housing and Land Development, LLC,
who did not complete the on -site tract improvements before abandoning the project. The new
developer of Tract 6642, S & S Homes of the Central Coast, Inc., has completed the on -site
improvements under a street permit. Before staff can issue a Notice of Completion of those
improvements, S & S Homes must agree to maintain those on -site improvements for 12 months
and provide acceptable security guaranteeing that maintenance. The agreement memorializes S
& S Homes' commitment to maintain the on -site improvements, as stated above.
ATTACHMENTS:
Description Type
❑ Tract 6642 Maintenance Agreement Agreement
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent -Agreements u.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE:
7/25/2014
WARD: Ward 6
SUBJECT: Final Map and Improvement Agreement with BMC Stein, LLC, for Tract 7222, Unit 2,
located south of Panama Lane and west of Stine Road.
STAFF 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.
ATTACHMENTS:
Description Type
❑ Map Backup Material
❑ T7222 Phase 2 Improvement Agreement Agreement
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent - Agreements v.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/25/2014
WARD: Ward 6
SUBJECT: Final Map and Improvement Agreement with BMC Stein, LLC, for Tract 7222, Unit 3,
located south of Panama Lane and west of Stine Road.
STAFF 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.
ATTACHMENTS:
Description Type
D Tract 7222 Unit 3 Mao Backup Material
D Tract 7222 Unit 3 Improvement Agreement Agreement
a
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent - Agreements w.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/25/2014
WARD: Ward 6
SUBJECT: Final Map and Improvement Agreement with BMC Stein, LLC, for Tract 7222, Unit 4,
located south of Panama Lane and west of Stine Road.
STAFF 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.
ATTACHMENTS:
Description Type
❑ Tract 7222 Phase 4 Map Backup Material
❑ Tract 7222 Phase 4 Improvement Agreement Agreement
r ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent - Agreements x.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/25/2014
WARD: Ward 6
SUBJECT: Final Map and Improvement Agreement with BMC Stein, LLC, for Tract 7222, Unit 8,
located south of Panama Lane and west of Stine Road.
STAFF 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.
ATTACHMENTS:
Description Type
D Tract 7222 Phase 8 Map Backup Material
D Tract 7222 Phase 8 Improvement Agreement Agreement
s�
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent -Agreements y.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/25/2014
WARD: Ward 4
SUBJECT: Final Map and Improvement Agreement with BMC HEIGHTS, LLC, for Tract 7239, Unit 1,
located east of River Run Boulevard and north of Ming Avenue.
STAFF 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.
ATTACHMENTS:
Description Type
D Tract 7239 Phase 1 Mao Backup Material
D Tract 7239 Phase 1 Improvement Agreement Agreement
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent - Agreements z.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/25/2014
WARD: Ward 4
SUBJECT: Final Map and Improvement Agreement with BMC HEIGHTS, LLC, for Tract 7239, Unit 2,
located east of River Run Boulevard and north of Ming Avenue.
STAFF 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.
ATTACHMENTS:
Description Type
❑ Tract 7239 Phase 2 Map Backup Material
❑ Tract 7239 Phase 2 Improvement Agreement Agreement
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent -Agreements aa.
TO:
Honorable Mayor and City Council
FROM:
Nick Fidler, Public Works Director
DATE:
7/22/2014
WARD:
Ward 1
SUBJECT: Amendment No. 1 to Utility Agreement No. 13 -226 with Pacific Gas & Electric Company,
for the relocation of electrical distribution facilities in conflict with the improvements
planned on State Route 58 from State Route 99 to Cottonwood Road; part of the Beltway
Operational Improvements Project. (TRIP)
STAFF RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
The Beltway Operational Improvements Project is part of the Thomas Roads Improvement
Program (TRIP) and is generally located on SR -58 from SR -99 to Cottonwood Road. The project
includes braiding of the ramp from southbound SR -99 to eastbound SR -58, auxiliary lanes,
retaining and sound walls, and reconstruction and realignment of on- and off -ramps in the area.
PG &E has electrical distribution facilities in conflict with this proposed project and because of this
conflict, these electrical facilities require relocation. These utility facilities are located within the
State Right of Way under a master agreement with the State, and within a private easement;
consequently, the cost for their relocation is proportionally shared by the project and the utility
company.
Agreement No. 13 -226 was originally approved by the City Council on December 11, 2013; but
the Agreement states that the work is to be performed for the Centennial Corridor Project. This
relocation work will actually be performed for the Beltway Operational Improvements Project, and
this Amendment corrects the project description.
No additional funds are required due to this Amendment.
ATTACHMENTS:
Description Type
D Amendment No. 1 to Agreement No. 13 -226 Cover Memo
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent Calendar - Agreements ab.
TO: Honorable Mayor and City Council
FROM: David Lyman, CVB Manager
DATE: 7/23/2014
WARD:
SUBJECT: Amendment No. 1 to Agreement No. CM12- 017CVB with Lunar Cow ($14,609; revised
not to exceed $44,609) to reprint the Bakersfield Visitors Guide.
STAFF RECOMMENDATION:
Staff recommends approval of amendment to agreement.
BACKGROUND:
On October 29, 2012 the City and Lunar Cow entered into Agreement No. CM12- 017CVB to
produce a Bakersfield Visitors Guide, Sports Venue Guide, and Meeting Planner Guide.
Due to the popularity and success of the Bakersfield Visitors Guide the CVB has almost depleted
its stock of 30,000 copies and will need to have an additional 20,000 printed. This reprint will last
the CVB until a new edition is produced in FY 2015 -16. The reprint of 20,000 Bakersfield Visitors
Guides will cost $14,609.00, increasing the amount of the original department agreement to
$44,609.00. Because the amount of the amended agreement exceeds $40,000.00, this
amendment requires Council approval.
ATTACHMENTS:
Description Type
D Lunar Cow Amendment No. One Backup Material
'u9
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent Calendar -Agreements ac.
TO: Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DATE:
7/29/2014
WARD:
Ward 2
SUBJECT: Amendment No. 2 to Agreement No. 13 -104 with the Kern High School District ($5,420
and extend term 3 months) to'police property room storage needs at 1417 H Street.
STAFF RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
On July 17, 2013, the City entered into Agreement No. 13 -104 with the Kern High School District
(KHSD) to lease a 12,320 square foot building located at 1417 H Street for the Police
Department's property room needs at a cost of $65,040 annually. The City previously leased
4500 square feet in the building located at 1420 G Street for this purpose but have since
relocated to 1417 H Street. On December 18, 2013, KHSD gave the City notice that it was
terminating the lease effective December 31, 2014. The reason for the early termination was to
allow KHSD to demolish all the buildings located on the block bounded by the railroad tracks,
"G", "H" and 14th Streets to provide additional parking for the Griffith Field restoration project. In
an effort to find a suitable replacement building City staff evaluated several buildings for
purchase or lease. After reviewing all the options the search focused on properties for purchase.
Several buildings were found but after factoring in the cost of renovation to accommodate the
Police Department's needs it was determined that it would be cheaper to construct a new
building on land already owned by the City. Fortunately, KHSD's renovation plans have not
progressed to the point where they will need to demolish the buildings by December 31, 2014 as
originally planned. So the City has requested KHSD to grant the City a three month extension to
provide additional time to construct the Police Department's new property room building.
ATTACHMENTS:
Description Type
D Amendment No. 2 to Agreement No. 13 -104 Agreement
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent -Agreement ad.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: 7/29/2014
WARD:
SUBJECT: Amendment No. 2 to Agreement No. 12 -124 with Crop Production Services ($100,000;
revised not to exceed $464,000 and extend term one year) to continue the supply of
chemicals and insecticides /herbicides.
STAFF RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
On September 12, 2012, Council approved the Annual Contract for the supply of chemicals and
insecticides /herbicides to Crop Production Services in the amount of $182,000; renewable
annually thereafter for four consecutive one -year periods. On August 14, 2013, Council approved
Amendment No. 1 extending the contract term one year and adding $182,000.
Currently there is $100,000 available on this on this agreement. Adding $100,000 will allow the
Parks Department to continue with the scheduled maintenance for the parks and facilities.
If approved, Amendment No. 2 will add $100,000 for a revised not to exceed amount of $464,000
and extend the term one year. Funds are budgeted in the Parks Department General Fund for
this contract. Approval of the amendment will allow the City to continue to meet the demand for
chemicals and insecticides /herbicides.
ATTACHMENTS:
Description Type
D Amendment to Agreement 12 -124 (2) Agreement
4 4w�
All ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent - Agreements ae.
TO: Honorable Mayor and City Council
FROM: Eddie Chavez, IT Director
DATE: 7/30/2014
WARD:
SUBJECT: Amendment No. 7 to Agreement No. 97- 283with Sungard Public Sector, Inc. ($45,700) to
configure and install the Human Resource module.
STAFF RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
SunGard Public Sector (SPS) developed many of the software programs which the City runs on
the AS /400 computer. These programs are all tied together to make up the City's Enterprise
Resource Planning Suite. All of the Departments use the suite of software for everything from
Finance and payroll to a work order system. One of the modules the City has not had was the
Human Resource module. This module is intertwined with the financial system and payroll. This
agreement is to purchase the licensing, configuration and installation of the Human Resource
module.
Currently all Human Resourses related entries can only be made through the Finance
Department and are all financial related. Human resources has been keeping all other records
using spreadsheets and manual entries /logs. The purchase of the Human Resources module
will allow the HR Division to make many of the entries that Finance has to at this time, they will
be able to better automate recruiting and have a more effective employee tracking system from
recruitment to retirement. The cost of the upgrade is $45,700. This amount is available in the
Information Technology operating budget.
ATTACHMENTS:
Description Type
D Contract 97- 283(7) Agreement
MEETING DATE: 8/13/2014
ADMINISTRATIVE REPORT
Consent - Agreements af.
TO: Honorable Mayor and City Council
FROM: Eddie Chavez, Information Technology Director
DATE: 7/30/2014
WARD:
SUBJECT: Amendment No. 8 to Agreement No. 97 -283 with Sungard Public Sector, Inc. ($13,700)
for Click2Gov module upgrades.
STAFF RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
SunGard Public Sector (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. Many of
these modules are available to citizens on the internet using the Click2Gov 2 module. This
contract is to upgrade from Click2Gov 2 to Click2Gov 3.
Click2Gov 3 gives the City newer functionality, remedies issues with Click2Gov 2 and adds an
Employee Self Service module. The employee Self Service module will allow staff to access and
change their personal data without having to physically visit Human Resources or Finance. The
cost of the upgrade is $13,700. This amount is available in the Information Technology operating
budget.
ATTACHMENTS:
Description Type
D SunGard Contract 97- 283(8) Cover Memo
< �e
MEETING DATE: 8/13/2014
TO:
FROM:
DATE:
WARD:
SUBJECT:
ADMINISTRATIVE REPORT
Consent Calendar - Agreements ag.
Honorable Mayor and City Council
Nick Fidler, Public Works Director
7/25/2014
Ward 4
Westside Parkway Phase 6C Project (TRIP)
1. Agreement with Kern County for installation of wall and screen fencing along Allen
Road and along the Westside Parkway ($250,000).
2. Appropriate $250,000 in Other Agency Share funds from County of Kern to the
Public Works Capital Improvement Budget within the Capital Outlay Utility /Roads
Fund for work on Westside Parkway project T9WP6C.
3. Contract Change Order No. 16 to Agreement No. 12 -165 with Security Paving
Company, Inc. (Net increase of $191,443.18; revised not to exceed
$29,720,364.71; change order funded with County Funds) for the construction of
the Westside Parkway Phase 6C Project.
STAFF RECOMMENDATION:
Staff recommends approval of Agreement, Appropriation, and 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.
Soundwalls were not designed along the south side of the Westside Parkway between Jenkins
Road and Allen Road because forecasted traffic noise levels for the neighborhood south of this
area, as listed in the 2010 Noise Study performed for the project, indicated that the minimum
thresholds outlined in federal and state standards for noise mitigation were not attained. When
predicted noise levels do not meet these standards, soundwalls are not recommended and
federal and state funding is not available for their construction. (The 2010 study included
forecasted traffic numbers for the proposed Centennial Corridor project.)
However, in response to recent concerns raised by residents from this area, City and County
staff along with Councilmember Smith and Supervisor Couch worked with engineering
consultants and noise specialists to re- analyze the predicted noise measurements for properties
in this neighborhood; obtain potential soundwall designs; and conduct an analysis of the
effectiveness of various soundwall proposals for this area.
After taking additional field tests and re- analyzing the noise data, noise specialists concluded that
future sound levels in the area will be in line with the 2010 report. The highest noise levels for
this neighborhood would be at the western end of San Simeon Avenue near Jenkins Road,
where properties are closest (approximately 150 feet) to the freeway alignment. But even the
results for test locations for these residences were still below federal and state criteria for sound
wall consideration.
Further, the effectiveness of the various soundwall proposals reviewed were shown to offer
negligible noise reduction due to the distance between the freeway alignment and the closest
properties in this neighborhood. A wall could lower noise levels by 1 dB for most properties; but
noise level changes of one to two decibels are not generally perceptible in typical outdoor
environments, and further analyses showed negligible benefits would be attained with
increasingly higher soundwalls.
However, the neighborhood also expressed concerns regarding safety- and privacy - related
issues, and so staff analyzed these factors. After several meetings with the neighborhood
residents, a proposed resolution was developed which would construct some wall, and also
exchange some planned open chain link fencing with slated chain link privacy fencing. This
proposal would lower sound slightly for the properties closest to the freeway, and would also
obstruct access and potential line -of -sight views between the neighborhoods and Westside
Parkway traffic.
Construction plans currently call for a 6' high open chain link fence to be installed on top of a 3'
high concrete barrier that runs along the south side of the Westside Parkway between Jenkins
Road and Allen Road. The County is proposing to pay the additional cost to substitute a 5'4" high
concrete block wall on top of the 3' high barrier (for a total height of 8'4 ") in place of the open
fence. This wall would extend from the existing block wall at Jenkins Road east for a distance of
about 1,100 feet. Then further east of this wall along the Westside Parkway, the County is
proposing to also pay for any additional costs required to substitute the open chain link fence
with a 6' high slatted chain link fence. This slatted fence would also be installed on top of the
barrier, and would extend east along the Westside Parkway and then up the eastbound off -ramp
that goes to Allen Road.
Finally, the County is also proposing to pay for the replacement of the existing open, 6' high
chain link fence that is along the west side of Allen Road south of the Westside Parkway bridge.
This fence replacement would extend from the eastbound off -ramp intersection south to the north
end of the existing block sound wall along the west side of Allen Road. The replacement fence
would be a 6' high slatted fence to address the line -of -sight view issue into the neighborhood
from Allen Road. Because this fence is within City right -of -way and outside the Phase 6C project
boundary, this replacement work would be accomplished with City crews and the City annual
fence contractor.
The Agreement amount with the County is a not to exceed figure and includes both the portion
planned to be completed by the Westside Parkway contractor with Change Order No. 16, as well
as that planned to be completed by City crews and City annual contractors. Once all work is
completed, the City will refund any portion of the County funds not used for the items covered by
the Agreement.
Change Order No. 16 provides for the block wall and slatted fence change described above that
is being paid for by the County. This change order results in an estimated increase of
$191,443.18.
Staff recommends approval of Contract Change Order No. 16. All change orders combined to
date, including this Change Order, result in a 0.9 % decrease over the original Agreement as
illustrated below:
Original Contract Amount = $ 29,982,222.42
Previous Change orders = $ (453,300.89)
Current Change Order No. 16 = $ 191,443.18
Amended Contract Agreement after Change Order = $ 29,720,364.71
Net Increase to date = $ (261,857.71 )
ATTACHMENTS:
Description Type
D _County Contribution Agreement Agreement
D Contract Change Order Backup Material
_ ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Agreements ah.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/24/2014
WARD: Ward(s) 1, 2
SUBJECT: Contract Change Order No. 13 to Agreement No. 13 -140 with Security Paving Company, Inc.
($79,921.65: revised not to exceed $14,326,306.57) for the project known as SR -58 Gap Closure
Project. (TRIP)
STAFF RECOMMENDATION:
Staff recommends approval of Contract Change Order.
BACKGROUND:
This project consists of widening State Route 58 to three lanes in each direction from State Route 99 to
0.5 miles east of Cottonwood Road.
During the course of the project, it was discovered that the project specifications that were prepared by
Caltrans did not call for the concrete at retaining wall 1 and the adjacent Type 60D concrete barrier to
have colored and textured concrete. All of the retaining walls for the upcoming Beltway Operational
Improvements Project, which is in this same area, will have colored concrete and texture on retaining
walls, and this wall and barrier would not match those walls without this change. The contractor has
agreed to provide colored concrete and texture for a total cost of $79,921.65.
The net cost increase of Contract Change Order No. 13 is $79,921.65. The sum of all change orders to
date on this project reflects a total cost increase of $172,290.57 (which results in a 1.2% increase of the
original contract amount) as illustrated below:
Original Contract Amount = $14,154,016.00
Amended Contract Agreement after Change Orders = $14,326,306.57
Net Increase to date = $ 172,290.57
Sufficient funds are budgeted to fund this Change Order. This Change Order is 100% federally funded;
therefore, there is no General Fund impact associated with this Change Order.
ATTACHMENTS:
Description Type
D CCO #13 - SR58- GAP Closure Agreement
❑ CCO #13 SR58 -GAP Sheets 2 -4 Backup Material
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Agreements ai.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/25/2014
WARD: Ward 7
SUBJECT: Contract Change Order No. 1 to Agreement No. 13 -201 with Bowman Asphalt, Inc.
($36,216.85; revised not to exceed $812,173.85) for the project known as Hosking
Avenue Widening and Related Improvements.
STAFF RECOMMENDATION:
Staff recommends approval of Contract Change Order.
BACKGROUND:
This project consists of widening Hosking Avenue from Wible Road to Hughes Lane and the
construction of related improvements.
During the course of the project, it was discovered that two additional concrete retaining walls
need to be constructed. This work needs to be added in order to place the new sidewalk adjacent
to the residences and to preserve existing landscaped yard areas. The contractor has agreed to
install these retaining walls at a total cost of $9,689.88.
During construction, it was also found that an existing concrete wall footing had been over -
poured when originally constructed and is in conflict with the new sidewalk to be constructed.
This will require the contractor to saw cut and remove the excess wall footing concrete and pour
a curb along the wall to tie it into the new sidewalk that is being constructed. The contractor has
agreed to do this work at a total cost of $3,321.94.
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 $23,205.03.
This is the first change order to be submitted for this project. This change order will increase the
project total by $36,216.85 (which results in a 4.7% increase of the original contract amount) as
illustrated below:
Original Contract Amount
$775,957.00
Amended Contract Agreement after Change Orders = $812,173.85
Net Increase to date = $ 36,216.85
Sufficient funds are budgeted to fund this Change Order. This project is funded by a combination
of state grant funding and traffic impact fees. Therefore, there is no General Fund impact
associated with this Change Order.
ATTACHMENTS:
Description Type
D CC0#1 Hosking Avenue Widening Agreement
August 13, 2014 Page 483 of 1
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Agreements aj.
TO:
Honorable Mayor and City Council
FROM:
Nick Fidler, Public Works Director
DATE:
7/31/2014
WARD:
Ward 2
SUBJECT:
Terminate Agreement No. 13 -232 with MPI Prime Construction, Inc. ($13,770 balance
remaining) for bathroom reconstruction at Fire Station No. 1.
STAFF RECOMMENDATION:
Staff recommends termination of Agreement No. 13 -232.
BACKGROUND:
At the Council meeting of December 11, 2013, a contract was awarded to MPI Prime
Construction, Incorporated in the amount of $74,000 for bathroom reconstruction at Fire Station
No. 1.
The notice to proceed was issued on January 17, 2014 and work commenced on January 21,
2014. The Contractor agreed to contract completion requirements of 45 working days from
notice to proceed with a liquidated damage amount of $500 per day for each calendar day
between the contract completion date and the date of final acceptance by the City. The project is
approximately 85% complete; progress payments amounting to $60,230 have been paid to date
leaving $13,770 remaining on the contract.
The Contractor has currently exceeded the contract completion date by 122 days as of the date
of this meeting. Factors contributing to the delay in completing this project include: several short
work days (2 to 3 hours), many days of no work on the project, and redoing rejected work due to
poor workmanship or installation of unspecified materials. On July 8, 2014, a meeting was held
with the Contractor to express concern about the lack of progress on the project and to ask the
Contractor to provide assurances that the project will be completed in a timely manner. In
response to this meeting, the Contractor submitted a schedule of work showing all work on the
project to be complete by August 13, 2014. After failing to perform on the submitted schedule of
work, the Contractor has been asked on seven separate occasions to provide a revised schedule
for completion of this project which has not been received as of the date of this meeting.
The bathroom facilities have been closed for use by firefighter personnel at Station No.1 for over
6 months forcing the use of portable restrooms. City staff is prepared to complete the balance of
the project to hasten the re- opening of the restroom facilities for the firefighter personnel affected.
Under the contract special provisions, the Council may terminate the agreement if the Contractor
fails to supply an adequate working force or material of proper quality or has failed in any other
respect to prosecute the work with the diligence and force specified and in and by the terms of
the contract, Staff recommends Council approval to terminate the agreement with MPI Prime
Construction, Incorporated effective August 18, 2014. After completion of the project and final
costs are determined, staff will assess damages sustained and evaluate all available remedies.
ATTACHMENTS:
Description Type
D Agreement 13 -232 Agreement
yt
s ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Agreements ak.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 7/7/2014
WARD: Ward 2
SUBJECT: Agreement with Alma Flores ($270,000) to purchase real property located at 4420
Marella Way, for the Centennial Corridor Project.
STAFF 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 $270,000 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 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 13th 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.
ATTACHMENTS:
Description Type
Purchase Agreement Agreement
ADMINISTRATIVE REPORT
U
MEETING DATE: 8/13/2014
CONSENT -Agreements al.
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DATE:
7/9/2014
WARD:
Ward 2
SUBJECT: Agreement with Pansy Turner ($269,000) to purchase real property located at 4316
Kentfield Drive, for the Centennial Corridor Project.
STAFF 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 $269,000 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 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 14th 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.
ATTACHMENTS:
Description Type
D Purchase Agreement Agreement
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Agreements am.
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DATE:
7/21/2014
WARD:
Ward 2
SUBJECT: Agreement with Shyanne Cornelius ($252,000) to purchase real property located at 4300
Kentfield Drive, for the Centennial Corridor Project.
STAFF 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 $252,000 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" 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 15th 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.
ATTACHMENTS:
Description Type
❑ Purchase Agreement Cover Memo
<. ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Agreements an.
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DATE:
7/21/2014
WARD:
Ward 2
SUBJECT:
Agreement with Devonte Lanell and Sara Ann Jennings ($301,000) to purchase real
property located at 4304 Hillsborough Drive, for the Centennial Corridor Project.
STAFF 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 $301,000 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" 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 16th 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.
ATTACHMENTS:
Description Type
D Purchase Agreement Cover Memo
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Agreements ao.
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DATE:
8/6/2014
WARD:
Ward 2
SUBJECT:
Agreement with Delores M. Depoian ($244,000) to purchase real property located at 4412
Hillsborough Drive, for the Centennial Corridor Project.
STAFF 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 $244,000 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 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 17th 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.
ATTACHMENTS:
Description Type
D Purchase Agreement Cover Memo
'W ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014
CONSENT -Agreements ap.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 7/21/2014
WARD: Ward 2
SUBJECT: Agreement with Ana Martinez ($152,000) to purchase real property located at 14
Morrison Street, for the Centennial Corridor Project.
STAFF 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 $152,000 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" 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 18th 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.
ATTACHMENTS:
Description Type
D Purchase Agreement Cover Memo
REPORT
F ADMINISTRATIVE
MEETING DATE: 8/13/2014 CONSENT - Agreements aq.
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DATE:
7/22/2014
WARD:
Ward 2
SUBJECT: Agreement with Salvador and Barbara Sandoval ($147,000) to purchase real property
located at 121 Morrison Street, for the Centennial Corridor Project.
STAFF 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 $147,000 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" 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 19th 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.
ATTACHMENTS:
Description Type
❑ Purchase Agreement Cover Memo
. ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Agreements ar.
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DATE:
7/22/2014
WARD:
Ward 2
SUBJECT:
Agreement with California Premier Auctions LLC ($230,000) to purchase real property
located at 4220 La Mirada Drive, for the Centennial Corridor Project.
STAFF 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 $230,000 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 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 20th 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.
ATTACHMENTS:
Description Type
D Purchase Agreement Cover Memo
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT —Agreements as.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 7/22/2014
WARD: Ward 2
SUBJECT: Agreement with Valerie Ann Macias ($210,000) to purchase real property located at 4400
Kentfield Drive, for the Centennial Corridor Project.
STAFF 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 $210,000 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" 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 21st 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.
ATTACHMENTS:
Description Type
D Purchase Agreement Cover Memo
4
ADMINISTRATIVE REPORT
MEETING DATE: 8/1312014 CONSENT -Agreements at.
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DATE:
7/24/2014
WARD:
Ward 2
SUBJECT:
Agreement with Phillip W. and Martha A. Gillet ($305,000) to purchase real property
located at 4408 Hillsborough Drive for the Centennial Corridor Project.
STAFF 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 $305,000 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" 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 22nd 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.
ATTACHMENTS:
Description Type
D Purchase Agreement Agreement
ADMINISTRATIVE REPORT
C�If�1a�`J
MEETING DATE: 8/13/2014 CONSENT - Agreements au.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 7/24/2014
WARD: Ward 2
SUBJECT: Agreement with John L. and Linda L. Gaddy, Trustees of the Gaddy Family Trust
($239,000) to purchase real property located at 4509 Charter Oaks Avenue for the
Centennial Corridor Project.
STAFF 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 $239,000 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 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 23rd 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.
ATTACHMENTS:
Description Type
D Purchase Agreement Cover Memo
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Agreements ay.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 7/29/2014
WARD: Ward 2
SUBJECT: Agreement with Wayne and Joanne Rosenthal ($254,000) to purchase real property
located at 709 Montclair Street for the Centennial Corridor Project.
STAFF 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 $254,000 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 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 24th 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.
ATTACHMENTS:
Description Type
D Purchase Agreement Agreement
t ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014
TO:
FROM:
DATE:
WARD:
CONSENT -Agreements aw.
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
8/6/2014
Ward 2
SUBJECT: Agreement with Janice Crooks, Surviving Trustee of the Robert and Janice Crooks
Revocable Trust ($245,000) to purchase real property located at 4408 Kensington
Avenue, for the Centennial Corridor Project.
STAFF 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 $245,000 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 circumstancesA 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" 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 25th 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.
ATTACHMENTS:
Description Type
D Purchase Agreement Cover Memo
. ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT - Agreements ax.
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DATE:
7/22/2014
WARD:
Ward 2
SUBJECT: Agreement with Scott C. Heilman ($264,000) to purchase real property located at 2301 C
Street for the 24th Street Widening Project.
STAFF RECOMMENDATION:
Staff recommends approval of Agreement.
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring
properties to widen 24th Street. The project will construct an additional travel lane in each
direction, and curb, gutter, sidewalks and additional landscaping along the residential portion of
the project.
Property acquisition for the required right of way to construct the 24th Street widening project is
part of the TRIP program and is included in the grant funding for this project. The City will be
responsible for approximately 11.47% of the project cost, including right of way, and will be
reimbursed the remaining 88.53% by the State and Federal Highway Administration.
All parties displaced by the TRIP projects will be provided all applicable relocation benefits
pursuant to the requirements set forth in the Uniform Act. These benefits may include a
purchase price differential payment, a mortgage differential payment, and the actual, reasonable
and necessary costs to relocate their personal and /or business property. Every property is
unique and the benefits will reflect their individual circumstances.
The property being purchased is a single family residence comprising 1,632 square feet that was
constructed in 1926. The purchase price of $264,000 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.
The 24th 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 fifth 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.
ATTACHMENTS:
Description Type
D Purchase Agreement Cover Memo
. ADMINISTRATIVE REPORT
............................
MEETING DATE: 8/13/2014 CONSENT -Agreement ay.
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DATE:
7/22/2014
WARD:
Ward 2
SUBJECT: Agreement with Shun Yee Florence Flesche ($210,000) to purchase real property located
at 2401 Spruce Street for the 24th Street Widening Project.
STAFF 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 2,160 square feet that was
constructed in 1954. The purchase price of $210,000 is the property's fair market value as
established by an appraisal prepared by Dallis Higdon & Associates, an independent appraisal
company and negotiations with the owner. 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.
The 24th 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 sixth 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.
ATTACHMENTS:
Description
Purchase Agreement
Type
Cover Memo
fa �
ADMINISTRATIVE REPORT
......... ........ .............
MEETING DATE: 8/13/2014 CONSENT - Property Acquisition Agreements az.
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DATE:
7/31/2014
WARD:
Ward 2
SUBJECT:
Agreement with Jeannette Erassarret to purchase real property located at 2331 Beech
Street for $250,000 for the 24th Street Widening Project.
STAFF RECOMMENDATION:
Staff recommends approval of Agreement.
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring
properties to widen 24th Street. The project will construct an additional travel lane in each
direction, and curb, gutter, sidewalks and additional landscaping along the residential portion of
the project.
Property acquisition for the required right of way to construct the 24th Street widening project is
part of the TRIP program and is included in the grant funding for this project. The City will be
responsible for approximately 11.47% of the project cost, including right of way, and will be
reimbursed the remaining 88.53% by the State and Federal Highway Administration.
All parties displaced by the TRIP projects will be provided all applicable relocation benefits
pursuant to the requirements set forth in the Uniform Act. These benefits may include a
purchase price differential payment, a mortgage differential payment, and the actual, reasonable
and necessary costs to relocate their personal and /or business property. Every property is
unique and the benefits will reflect their individual circumstances.
The property being purchased is a single family residence comprising 1,966 square feet that was
constructed in 1951. The purchase price of $250,000 is the property's fair market value as
established by an appraisal prepared by Merriman Hurst & Associates, an independent appraisal
company and negotiations with the owner. 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.
The 24th 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 seventh 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.
ATTACHMENTS:
Description Type
D Purchase Agreement Cover Memo
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Bids bb.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: 7/31/2014
WARD:
SUBJECT: Accept bid and approve contract with Granite Construction Company (not to exceed
$6,500,000) for the annual contract for the supply of street materials.
STAFF RECOMMENDATION:
Staff recommends acceptance of bid and approval of contract.
BACKGROUND:
Invitations to Bid were solicited for the Annual Contract for street materials. Three (3) bids were
received in response to solicitation. The bid required suppliers to provide pricing for various
types and quantities of asphalt to be used in the maintenance of City streets.
Granite Construction Company submitted the lowest bid and is located in the County. The next
lowest bidder, Vulcan Materials is located in the City limits and qualifies for consideration of
Council's local preference policy; however, after applying the 3% preference (maximum $9,000),
Granite Construction Company remained the lowest bid.
Funds in the amount of $6,500,000 are budgeted in the Capital Outlay Fund. Staff anticipates
minimal impact (if any) to the General Fund. Even though the mathematical calculations of the
various bidders' unit prices multiplied by the City's estimated number of units exceeds the budget
figure, we only enter into the contract for the amount of budgeted funds available. The bidders
understand that they are bidding on per unit prices and not an overall dollar award. The contract
award is for a one year period; renewable annually for four consecutive one -year periods at the
City's option and upon mutually agreeable terms.
The three (3) bids received are as follows:
BIDDER
3% LOCAL PREFERENCE
($9,000 MAXIMUM)
AMOUNT ADJUSTED BID
AMOUNT
Granite Const. Co., Bakersfield (County) $10,251,740.00
Vulcan Materials, Bakersfield (City) $10,394,385.00 $10,385,385.00
Bowman Asphalt, Bakersfield (County) $10,432,798.13
Staff finds the low bid to be acceptable and recommends approval of the contract in the amount
of $6,500,000 to Granite Construction Company.
ATTACHMENTS:
Description
D Agreement
Type
Cover Memo
t
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Bids bc.
TO:
Honorable Mayor and City Council
FROM:
Nelson Smith - Finance Director
DATE:
7/29/2014
WARD:
Ward 2
SUBJECT: Accept bid and approve contract with DOD Construction (not to exceed $313,500) for the
construction of HUD curb and gutter for Oleander Area.
STAFF RECOMMENDATION:
Staff recommends acceptance of bid and approval of contract.
BACKGROUND:
Bids were solicited from contractors for the construction of curbs, gutters and sidewalks in the
areas of the city receiving HUD funding. This contract will provide for curb, gutter and sidewalk
construction for Oleander area. Four (4) bids were received in response to solicitation.
The bids submitted are based on an estimated quantity of work multiplied by the contractor's unit
price. Funds are allocated in the Community Development Block Grant Entitlement for this
contract. There is no General Fund impact associated with this contract.
Cen -Cal Construction is the lowest bidder; DOD Construction is the next lowest bidder and is
eligible for the Section 3 Business Preference, reducing their bid by $21,000 for an adjusted bid
amount of $292,500. After applying the Section 3 Preference, DOD Construction becomes the
lowest bidder.
The four (4) bids received are as follows:
BIDDER
Cen -Cal Construction, Bakersfield
DOD Construction, Bakersfield
Jim Alfter Cement Contractor, Bakersfield
GM Engineering, Inc., Bakersfield
AMOUNT
$296,987.50
$313,500.00
$338,675.00
$376,572.50
SECTION 3 BUSINESS
ADJUSTED BID AMOUNT
$292,500.00
Staff finds the bid submitted by DOD Construction, Bakersfield, to be acceptable and
recommends approval of contract in the amount of $313,500.
ATTACHMENTS:
Description Type
D Agreement Cover Memo
• ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Bids bd.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: 7/29/2014
WARD: Ward 1
SUBJECT: Accept bid and approve contract to Cen -Cal Construction (not to exceed $291,975) for the
construction of HUD curb and gutter for Planz Area.
STAFF RECOMMENDATION:
Staff recommends acceptance of bid and approval of contract
BACKGROUND:
Bids were solicited from contractors for the construction of curbs, gutters and sidewalks in the areas
of the city receiving HUD funding. This contract will provide for curb, gutter and sidewalk construction
for Planz area. Three (3) bids were received in response to solicitation.
The bids submitted are based on an estimated quantity of work multiplied by the contractor's unit
price. Funds are allocated in the Community Development Block Grant Entitlement for this contract.
There is no General Fund impact associated with this contract.
The three (3) bids received are as follows:
BIDDER AMOUNT
Cen -Cal Construction, Bakersfield $291,975
DOD Construction, Bakersfield $323,750
Jim Alfter Cement Contractor, Bakersfield $338,675
Staff finds the low bid submitted by Cen -Cal Construction, Bakersfield, to be acceptable and
recommends approval of contract in the amount of $291,975.
ATTACHMENTS:
Description Type
D Agreement Cover Memo
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Bids bf.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: 7/10/2014
WARD:
SUBJECT: Accept bid and approve contract to Cen -Cal Construction (not to exceed amount of
$2,145,332) for the annual contract for concrete construction.
STAFF RECOMMENDATION:
Staff recommends acceptance of bid and approval of contract.
BACKGROUND:
Invitations to Bid were solicited for the Annual Contract for concrete construction. Two (2) bids were
received in response to solicitation. The bids solicited were based on a list of concrete services with
estimated quantities. In this case, where the City does not intend to split the bid award, the City
determines the lowest overall bidder by multiplying the supplier's unit price for each of the items by
the estimated number of units for each item.
Sufficient funds are available to cover the costs associated with this agreement. The contract award
is for a one year period; renewable annually for four consecutive one -year periods at the City's option
and upon mutually agreeable terms.
The two (2) bids received are listed below.
BIDDER AMOUNT
Cen -Cal Construction $2,145,332
Bakersfield, CA
Jim Alfter Cement Contractor $2,332,261
Bakersfield, CA
Staff finds the low bid submitted by Cen -Cal Construction to be acceptable and recommends
approval of the contract in the amount of $2,145,332.
ATTACHMENTS:
Description Type
D Agreement Cover Memo
`Y ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT -Bids bg.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 7/14/2014
WARD: Ward 2
SUBJECT: Accept bid and approve contract to Angelus Waterproofing & Restoration, Inc. ($124,955)
for the Convention Center Stage House Roof Recoating project.
STAFF RECOMMENDATION:
Staff recommends acceptance of bid and approval of contract.
BACKGROUND:
Bids were solicited for roof recoating of the Convention Center Stage House. This project was
bid as a non - prevailing wage project. Five (5) bids were received in response to the solicitation.
The Stage House roof is over 25 years old and has developed the following problems: roof felt is
exposed; water is ponding around the perimeter, cracking around the joints and the roof leaks
when it rains. This project includes re- roofing portions of the roof that have moisture damage
and recoating the entire roof.
The bid specifications require a 15 year warranty on the recoated roof. The low bid received
from Fresno Roofing Company, Incorporated, was based on a 10 year warranty period leaving
the City responsible for the cost of annual inspections, preventative maintenance and repair of
any failure in materials or workmanships that would incur after 10 years. Staff recommends
declaring their bid non - responsive based on the failure to meet the 15 year warranty
requirement. The next lowest bid received from Angelus Waterproofing & Restoration,
Incorporated meets the minimum specifications and is considered acceptable by staff.
The five (5) bids received (including the non - responsive bid) are as follows:
Responsive
Bidder Bid Amount Yes /No Reason
Fresno Roofing Co, Inc., Fresno, CA $ 91,761 No —10 year warranty
Angelus Waterproofing & Restoration, Inc. $124,955 Yes
Huntington Beach, CA
Best Contracting Services, Inc., Gardena, CA $164,435 not fully evaluated
Brazos Urethane, Inc., Fresno, CA $237,352 not fully evaluated
Cook Coatings, Inc., Menifee, CA $248,000 not fully evaluated
Funds are budgeted in the Capital Outlay Fund for this project. Staff finds the bid submitted by
Angelus Waterproofing & Restoration, Incorporated to be acceptable and recommends approval
of the contract in the amount of $124,955.
ATTACHMENTS:
Description Type
D Agreement Cover Memo
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent Calendar -Bids bh.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/18/2014
WARD: Ward 2
SUBJECT: Accept bid and approve contract with American Paving Co. ($696,294.60) for Bridge
Repair: Oak Street at Burlington Northern Santa Fe Railroad (BNSF)
STAFF RECOMMENDATION:
Staff recommends acceptance of bid, and approval of contract.
BACKGROUND:
The purpose of this project is to rehabilitate and repair the Oak Street Bridge over the BNSF
Railroad between Truxtun Avenue and California Avenue. Caltrans has conducted numerous
bridge inspections and has advised the City to repair the bridge. The longitudinal and transverse
joints and concrete deck surface continue to deteriorate, and must be repaired soon.
The work to be performed consists, in general, of cleaning and placing joint seals, repairing
unsound concrete with rapid setting concrete patches, cleaning bridge deck, treating bridge deck
with methacrylate, and traffic stripes and pavement markings.
This project is funded through Gas Tax Funds and the contractor must pay prevailing wage rates.
Sufficient funds are budgeted to award the project. The Engineer's Estimate for the project is
$753,000.
On July 10, 2014, a total of three bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
American Paving Co. in the amount of $696,294.60
315 N. Thorne Avenue
Fresno, CA 93706
West Coast Structures Inc. in the amount of $797,643.04
6005 Tyler Street
Riverside, CA 92503
Griffith Company in the amount of $984,489.00
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County)
There is no General Fund impact associated with this project.
ADMINISTRATIVE REPORT
Rv .i
MEETING DATE: 8/13/2014 CONSENT -Bids bi.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 7/14/2014
WARD:
SUBJECT: Police Special Sedans:
1. Extend bid from Jim Burke Ford ($91,840.24) for four (4) replacement four door
police special sedans for use by the Police Department. (Citywide)
2. Transfer and appropriate $75,968 Self Insurance Fund Balance to the Equipment
Management Fund Operating Budget.
3. Appropriate $15,872 Fund Balance to the Equipment Management Fund
Operating Budget.
STAFF RECOMMENDATION:
Staff recommends extension of bid, and approve transfer and appropriations.
BACKGROUND:
On December 11, 2013, Council accepted the bid from Jim Burke Ford, Bakersfield for the
purchase of forty six (46) police special sedans. The specifications included a provision
whereby, with the written approval of both the bidder and the City, the City may purchase
additional units at the same per unit cost within one year after acceptance of the original bid. Jim
Burke Ford has indicated their approval to extend the unit cost of $22,960.06 for an additional
four (4) police special sedans.
In April and May 2014, four (4) police special sedans were involved in traffic accidents and have
been declared "total loss" by an outside appraiser. Funding for the replacement of the four (4)
police special sedans is designated as follows: $75,968 from the self- insurance fund, with the
balance of $15,872.24 from the equipment management fund.
Staff recommends extension of bid and authorization of the appropriations and transfers.
ADMINISTRATIVE REPORT
MEETING DATE: 8113/2014 Consent - Miscellaneous bj.
TO: Honorable Mayor and City Council
FROM: Douglas N. Mclsaac, Community Development Director
DATE: 7/22/2014
WARD:
SUBJECT: Appropriate $60,000 State Grant Revenue for the Waste Tire Enforcement Grant
Program to the Community Development Services Operating Budget in the General
Fund.
STAFF RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The City has received a $60,000 grant from the California Department of Resources, Recycling
and Recovery for waste tire enforcement. The grant will offset funding for Code Enforcement
staff time directly related to the development, monitoring and implementation of a program to
educate tire dealers and auto dismantlers of their responsibilities as waste tire generators and
reduce the illegal disposal of waste tires. The California Department of Resources, Recycling and
Recovery, over the past grant cycles have reimbursed the City over $192,816 through the Tire
Enforcement Grant Program. In that time, Code Enforcement staff has conducted 1,436
inspections of waste tire generators and identified over 676 piles of illegally- dumped tires within
the City's jurisdiction. Over 8,410 illegally- dumped tires have been abated by private property
owners, Code Enforcement or through other CalRecycle Grant programs. Code Enforcement
has referred five cases to the District Attorney's Office for prosecution of tire related violations of
State law. Code Enforcement staff has conducted 792 hours patrolling the City for tire related
activities, conducted 692 hours of surveillance and received over 198 hours in training from the
California Department of Resources, Recycling and Recovery.
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent - Miscellaneous bk.
TO: Honorable Mayor and City Council
FROM: Dianne Hoover, Director of Recreation and Parks
DATE: 7/24/2014
WARD: Ward 2
SUBJECT: Appropriate $6,000 contribution from Kern Federal Credit Union sponsorship revenues to
the Recreation and Parks Operating Budget within the General Fund to
provide landscape improvements to the South H Street underpass.
STAFF RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The Kern Federal Credit Union approached the City of Bakersfield about the condition of the
landscape under the H Street railroad bridge between Truxtun and California Avenues. This
area is adjacent to their business and they are willing to contribute toward its beautification and
create a more aesthetically pleasing entrance into the downtown area.
City staff reviewed this H Street corridor and has recommended some improvements that will
take into consideration the steep terrain as well as water saving material. The contribution from
Kern Federal Credit Union provides 50% of the cost of the enhancements, creating a partnership
with the City for continued maintenance of this area. The funding source for the city's portion of
the project, including the fence repair, will be from the Recreation and Parks Department adopted
General Fund budget.
The Kern Federal Credit Union is also willing to provide volunteers to assist where possible in the
long term maintenance of the H Street corridor. This is a great example of a public - private
collaboration promoting beautification efforts within the City.
Staff recommends approval of appropriation.
BACKGROUND:
Per Landscape Improvement Agreement No. 07 -052, C &O Bakersfield I, LLC and Moreland
Family, LLC were required to complete the landscape improvements for Tract Map 6362 Phase 1
(McKee, East of Wible Rd). To secure the obligation to complete those improvements, a deposit
of $6,670 was paid to the City of Bakersfield as a cash bond. Section 10 of the agreement
allows the City to use the cash bond to complete the improvements if failure to complete them as
required by the agreement.
As no improvements have been made as required by the agreement, the City will apply the cash
bond funds of $6,670 toward the completion of the improvements.
ADMINISTRATIVE REPORT
MEETING DATE:
8/13/2014 Consent - Miscellaneous bl.
TO:
Honorable Mayor and City Council
FROM:
Dianne Hoover, Director of Recreation and Parks
DATE:
7/23/2014
WARD:
Ward 7
SUBJECT:
Appropriate $6,670 from C &O Bakersfield I, LLC and Moreland Family, LLC landscape
improvement deposits to the Recreation and Parks Operating Budget within the General
Fund to complete landscape improvements for Tract Map 6362 Phase 1.
STAFF RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
Per Landscape Improvement Agreement No. 07 -052, C &O Bakersfield I, LLC and Moreland
Family, LLC were required to complete the landscape improvements for Tract Map 6362 Phase 1
(McKee, East of Wible Rd). To secure the obligation to complete those improvements, a deposit
of $6,670 was paid to the City of Bakersfield as a cash bond. Section 10 of the agreement
allows the City to use the cash bond to complete the improvements if failure to complete them as
required by the agreement.
As no improvements have been made as required by the agreement, the City will apply the cash
bond funds of $6,670 toward the completion of the improvements.
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent - Miscellaneous bm.
TO: Honorable Mayor and City Council
FROM: Greg Williamson
DATE: 7/15/2014
WARD:
SUBJECT: Accept a State Farm "Celebrate My Drive" grant, in the amount of $5,000; and
appropriate the $5,000 contribution to the Police Department operating budget in the
General Fund to develop brochures and purchase promotional handouts to bring
awareness of the dangers of texting while driving to Bakersfield teen drivers.
STAFF RECOMMENDATION:
Staff recommends the acceptance of the grant money and the appropriation.
BACKGROUND:
The Bakersfield Police Department (BPD) has been awarded a "Celebrate My Drive" grant in the
amount of $5,000.00 from State Farm Mutual Automobile Insurance Company. The BPD will use
this grant to print brochures, purchase promotional handouts for the "Celebrate My Drive"
educational campaign and purchase retractable displays as well as table covers for any
informational booth at events. "Celebrate My Drive" brings awareness of the dangers of texting
while driving to Bakersfield teen drivers. The BPD's Crime Prevention Unit has taken this
program one step further, creating a multi- media, interactive program titled "Driving While
InTEXTicated ". This program is designed to be an educational presentation and encourage safe
driving practices for drivers of ALL ages.
According to the National Highway Traffic Safety Administration, text messaging creates a crash
risk 23 times worse than driving while not distracted. Sending or receiving a text takes a driver's
eyes from the road for an average of 4.6 seconds; the equivalent, at 55 mph, of driving the length
of a football field.
Celebrate My Drive events will take place across the U.S and Canada from October 15 -24, 2014,
rallying communities to celebrate new drivers as they explore the road ahead. The Crime
Prevention Unit will distribute educational materials and promotional handouts, as well as
conduct presentations during this week to remind drivers not to text and drive.
Remaining handouts and educational materials will be distributed throughout the high schools in
conjunction with other presentations regarding the dangers of distracted driving throughout the
year
Therefore, an appropriation of $5,000.00 to the General Fund Police Operating Budget is
requested to utilize grant funding from State Farm Mutual Automobile Insurance Company.
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent - Miscellaneous bn.
TO:
Honorable Mayor and City Council
FROM:
Nick Fidler, Public Works Director
DATE:
7/25/2014
WARD:
Ward 4
SUBJECT:
Approval of Parcel Map 11788 Phase 2, with DCM Assets Management, LLC, located at
the southwest corner of Olive Drive and Calloway Drive.
STAFF RECOMMENDATION:
Staff recommends approval of map.
BACKGROUND:
This is for the approval of the Map only. No Improvement Agreement is needed because the
improvements in the public right -of -way are already complete.
ATTACHMENTS:
Description Type
D Parcel Map 11788 Phase 2 Mao Backup Material
ADMINISTRATIVE REPORT
4; H
MEETING DATE: 8/13/2014 Consent Calendar - Successor Agency Business bo.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith
DATE: 7/31/2014
WARD:
SUBJECT: Receive and file successor agency payments from June 27, 2014 to July 31, 2014 in the
amount of $1,680,071.70.
STAFF 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 #594311 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.
Check #594505 to Golden Empire Affordable Housing for $697,230.18 is for the Park 20th Senior
Housing Project Payment. Payment approved as ROPS line item #24.
Check #9992508 to The Bank of New York for $343,630.90 is a payment for the HUD Section 108
Loan. Payment approved as ROPS line item #7.
Check #9992511 to US Bank Trust for $215,549.09 is a payment for the Tax Allocation Bonds 2009
Series A and B. Payment approved as ROPS line item #6.
Check #9992518 to Wells Fargo Bank Corp Trust Service for $417,399.43 is a payment for the
California Infrastructure Bank Loan. Payment approved as ROPS line item #18.
ATTACHMENTS:
Description Type
D SA Check Register Admin 08 -13 -14 Cover Memo
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent Calendar Public Hearings 9. a.
TO:
Honorable Mayor and City Council
FROM:
Nick Fidler, Public Works Director
DATE:
7/29/2014
WARD:
Ward 2
SUBJECT:
Public hearing to consider Resolution ordering the vacation of a portion of 17th place
alley, within block 269, between N and O streets.
STAFF RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, 17th & O Investment Co. LP., is developing a 44 unit housing project at
1014, 1022 and 1030 17th Street. They have requested that a portion of 17th Place alley, within
Block 269, between N Street and O Street be vacated.
The City Fire, Police, Public Works, and Community 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 City sewer in this area.
The utility companies serving the area have been notified by mail. Utilities are located in the alley
to be vacated. The developer will be relocating all existing utilities out of the alley as part of the
development therefore; no Public Utility Easement will be reserved.
Preliminary notices were mailed to all adjacent property owners within a minimum 300 -foot radius
of the proposed vacated area. Public Works has received no objections from these owners as of
the date of this report.
On June 17, 2014, the Planning Department found the proposed vacation of a portion of 17th
Place alley, within Block 269, between N Street and O Street to be consistent with the
Metropolitan Bakersfield General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the environment.
Resolution of Intention No. 1799 declaring intention to order said proposed vacation was adopted
by City Council at the regular meeting of July 16, 2014.
Notice of this public hearing has been duly advertised and posted as required by law.
ATTACHMENTS:
Description
Type
❑ Exhibit A
Exhibit
❑ Exhibit B
Exhibit
❑ Resolution
Resolution
ADMINISTRATIVE REPORT
........._ ..._. ...............
MEETING DATE: 8/13/2014 CONSENT CALENDAR PUBLIC HEARINGS 9. b.
TO: Honorable Mayor and City Council
FROM:
Nick Fidler, Public Works Director
DATE:
7/3/2014
WARD:
Ward(s) 6, 7
SUBJECT: Public hearing to consider Resolution establishing Underground Utility District No. 2,
Division 36 (Stine Road, Panama Lane to Ryzona Street).
STAFF RECOMMENDATION:
Staff recommends overriding protests and adopting Resolution.
BACKGROUND:
The City Council approved Resolution of Intention No. 1802 on July 16, 2014 which set August
13, 2014 as the public hearing date for this item. The hearing has been duly advertised and the
property owners notified as required by law.
This resolution is necessary in order to comply with the City Municipal Code and PG &E Rule 20A
regulations regarding underground utility districts. All overhead lines in the area of Stine Road
between Panama Lane and Ryzona Street shall be removed and shall be placed underground.
The District encompasses Stine Road between Panama Lane and Ryzona Street and the parcels
with direct frontage on this section of Stine Road. The District will be constructed with PG &E Rule
20A funds at no cost to the City.
As a part of the undergrounding 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.
ATTACHMENTS:
Description
Type
D UUD 2 -36 Resolution
Cover Memo
D Exhibit A Description
Exhibit
D Exhibit B Map
Exhibit
� e
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT CALENDAR PUBLIC HEARINGS 9. c.
TO:
Honorable Mayor and City Council
FROM:
Nick Fidler, Public Works Director
DATE:
7/3/2014
WARD:
Ward 2
SUBJECT: Public Hearing to consider Resolution establishing Underground Utility District No. 2,
Division 37 (20th Street — "V" Street to its western terminus approximately 578 feet west of
"V" Street).
STAFF RECOMMENDATION:
Staff recommends overriding protests and adopting Resolution.
BACKGROUND:
The City Council approved Resolution of Intention No. 1803 on July 16, 2014 which set August
13, 2014 as the public hearing date for this item. The hearing has been duly advertised and the
property owners notified as required by law. This resolution is necessary in order to comply with
the City Municipal Code and PG &E Rule 20A regulations regarding underground utility districts.
All overhead lines in the area of 20th Street — "V" Street to its western terminus approximately 578
feet west of "V" Street shall be removed and shall be placed underground. The District
encompasses 20th Street between "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.
The District will be constructed with PG &E Rule 20A funds at no cost to the City. As a part of the
undergrounding 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.
ATTACHMENTS:
Description Type
D Resolution for UUD 2 -37 Resolution
D Exhibit A Description Exhibit
❑ Exhibit B Map Exhibit
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 CONSENT CALENDAR PUBLIC HEARINGS 9. d.
TO: Honorable Mayor and City Council
FROM:
Nick Fidler, Public Works Director
DATE:
7/3/2014
WARD:
Ward 2
SUBJECT: Public hearing to consider Resolution establishing Underground Utility District No. 2,
Division 38 (34th Street — Chester Avenue to Union Avenue).
STAFF RECOMMENDATION:
Staff recommends overriding protests and adopting Resolution.
BACKGROUND:
The City Council approved Resolution of Intention No. 1804 on July 16, 2014 which set August
13, 2014 as the public hearing date for this item. The hearing has been duly advertised and the
property owners notified as required by law. This resolution is necessary in order to comply with
the City Municipal Code and PG &E Rule 20A regulations regarding underground utility districts.
All overhead lines in the area of 34th Street between Chester Avenue and Union Avenue shall be
removed and shall be placed underground. The District will be constructed with PG &E Rule 20A
funds at no cost to the City. As a part of the undergrounding 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.
ATTACHMENTS:
Description Type
D Resolution for UUD 2 -38 Resolution
D Exhibit A Description Exhibit
D Exhibit B Map Exhibit
` ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Consent Calendar Public Hearings 9. e.
TO: Honorable Mayor and City Council
FROM: Andrew Heglund
DATE: 7/23/2014
WARD: Ward 2
SUBJECT: Public hearing to consider a Resolution of Necessity (RON) to determine the public
interest and necessity for acquisition of certain real property located at the 411 Truxtun
Avenue, Bakersfield, California. (Code Civ. Proc. § 1240.010)
STAFF RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Project: The City of Bakersfield, in cooperation with the Kern Council of Governments, is
planning to expand the Amtrak Station parking lot in Bakersfield, California ( "Project ") to add
approximately 34,000 square feet of additional parking, which will net approximately 80 new
parking spaces.
The Property to be Acquired: The property required is located at 411 Truxtun Avenue, and is
legally described in Exhibit "1" to the attached Resolution of Necessity ( "RON ") and identified as
Kern County Assessor's Parcel Number 006 - 140 -10 (the "Property "). Werner H. Epp, Trustee of
the Epp Family Trust dated June 14, 2013 (Werner Epp), is the owner of the Property. The
Property is approximately 5,520 square feet in size, improved with a 1,030 single family home
that has been converted to office use with a detached 396 square foot apartment. Both are
currently unoccupied will not require the relocation of any owners or occupants.
Findings: In order to acquire property from the property owner, the City must adopt a RON
authorizing the initiation of an eminent domain action. (Code Civ. Proc. § 1245.220.) In adopting
the RON, the Council must find that the following "pre- condemnation" requirements are met.
(Code Civ. Proc. § 1245.230.) Here, each of these requirements is met:
1. The Public Interest and Necessity Require the Project.
The Bakersfield Amtrak Station is one of the busiest California Amtrak stations, boarding or
detraining an average of approximately 1,400 passengers daily. The proposed Project is needed
to accommodate existing and projected travel demand at the station, especially during the peak
travel seasons, and planned growth, as set forth in the general plans for the City of Bakersfield
and Kern County.
2. The Project is Planned or Located in the Manner that Will Be Most Compatible with the
Greatest Public Good and the Least Private Injury.
The expanded capacity and improvement in parking management and traffic circulation that will
result from the expanded parking facilities at the station will improve the safety, capacity, and
functionality of those facilities. The Project requires the acquisition of only four vacant properties
on Truxtun Avenue, including this Property, which has been in a state of disrepair and inhabited
by squatters. Three of the property owners have already agreed to sell their properties to the
City.
3. The Property is Necessary for the Proposed Project.
Acquisition of the Property allows the City to maximize the size of the parking facilities to the
east, abutting the Saint George Greek Orthodox Church. Without the Property, the expanded
parking facility will be reduced in size by approximately 15 %. Inclusion of the Property in the
Project allows the expansion to be accomplished in the most efficient manner possible.
4. The Offer Required by Section 7267.2 of the California Government Code was Made to the
Owner of Record of the Property.
The City engaged an independent licensed appraiser to appraise the Property and to determine
just compensation based on the Property's "Fair Market Value." A written offer at the full amount
of appraised just compensation ($94,000) was made to the property owner on or about June 6,
2014. The offer included an Appraisal Summary Statement and other information required by
section 7267.2 of the California Government Code.
The Process: If the Resolution is adopted, the City will:
1. File an eminent domain action in Kern County seeking the necessary interests in the
Property;
2. Request that the court grant early possession of the Property; 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.
ATTACHMENTS:
Description Type
D Resolution of Necessity Cover Memo
D RON Exhibits 1 & 2 Cover Memo
a
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Hearings 10. a.
TO: Honorable Mayor and City Council
FROM: Douglas N. Mclsaac, Community Development Director
DATE: 7/25/2014
WARD: Ward 3
SUBJECT: City in the Hills Land Exchange Proposal of two parcels in northeast Bakersfield that
would allow for development of single - family residential homes on the 11.32 acres
located on City Hills Drive, and City's acquisition of 19.21 acres adjacent to the Mesa
Marin Sports Complex. Heidi Carter - Escurdero has appealed Planning Commission's
decision to approve proposal of the following:
1. Zone change No. 14 -0132; City (property owner), has applied for a zone change on 11.32
acres located on the east side of City Hills Drive, between Garden Park Drive and Kuma
Way.
i. Resolution adopting a Negative Declaration.
ii. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal
code by changing the zone district from a PUD (Planned Unit Development) to an R-
1 /PUD (One Family Dwelling /Planned Unit Development).
2. General Plan Amendment/Concurrent Zone Change No. 14 -0237 - City is requesting an
amendment to the Metropolitan General Plan Land Use Element and Zoning Ordinance on
approximately 19.21 acres located between Kern Canyou Road (Highway 184) and Bedford
Green Road.
i. Resolution adopting a Negative Declaration.
ii. Resolution approving the general plan amendment changing the land use designation
from HMR (High Medium Density Residential) to OS -P (Parks and Recreation).
iii. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal
Code by changing the zone district from R -2 1PUD (Multiple Family Dwelling /Planned Unit
Development) to RE (Recreation).
3. Land Exchange Agreement - City and Mesa Merin, LLC, propose to enter into agreement to
exchange 11.32 acres located at City Hills Drive and Garden Park Drive owned by the City
of 19.21 acres located between Kern Canyon road and Bedford Road.
STAFF RECOMMENDATION:
Staff recommends adoption of Resolutions, First Reading of the Ordinances, approval of the
Agreement and denial of the appeal.
BACKGROUND:
Subject Parcels:
When proposed in 2005, the 11.32 -acre property was one of two neighborhood park sites in the
City in the Hills development proposed by the defunct "master builder," Mountain View Bravo.
The builder did not build either of these parks before leaving the market. In 2010, the City began
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 Reports 11. a.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: 7/28/2014
WARD:
SUBJECT: Centennial Plaza Bricks and Tiles.
STAFF RECOMMENDATION:
Staff recommends the item be referred to the Community Services Committee.
BACKGROUND:
The Centennial Plaza opened in 1998 as part of the City's 100th year celebration. At that
time many engraved bricks, tiles and granite surfaces were purchased by the public and
installed as part of the development of the Plaza. Since that time, the Plaza has served as
the main entry point to the Arena, Theater and Convention Center complex, which most
recently drew an estimated 300,000 attendees during the previous year. Due to age and
Plaza activity, many bricks, tiles and granite areas have deteriorated, chipped, and broke.
This has resulted in potential tripping hazards for facility attendees and users of the Plaza.
The following report outlines the issues that currently exist and potential alternatives which
would retain the bricks in the Plaza. Staff recommends further detailed discussions take
place at a future Community Services Committee meeting and is recommending the
Council refer the item for that purpose.
The Issues
Attached you will find photographs of bricks, tiles and granite slabs, which constitute
potential tripping hazards.
1. The City has received four formal claims for trips and falls on the Plaza. There have
been two claims that evolved into lawsuits, one costing $165,000, and the other is
ongoing. The Street Maintenance Division regularly gets other, less litigious, calls from
individuals who just want a dangerous condition corrected.
2. Staff is studying the fountain at the corner of Truxtun Avenue and N Street; which, for
the last two years, has cost $900 per month for maintenance.
The City is on notice of a dangerous condition and needs to deal with it.
3. The fountain has been problematic since day one, and has been modified throughout
the years to work as it currently stands. A similar fountain design was used at Disneyland;
however, it was removed soon afterwards due to various problematic issues and then
replaced by a new design.
One concern is that the public tends to use the fountain as a spray park during the
summer months. The fountain is only treated with chlorine to prevent the formation of
algae, not for swimming or bathing purposes.
There are uneven pavers and open gaps on granite surfaces that are an issue, which is
the main reason the fountain needs to be refurbished. All pavers were custom made and
attempts have been made to level them with the use of shims.
The current water jets are not affixed into the pavers and are often removed by the public
or become dislodged due to vibrations of nearby vehicle traffic. The fountain also contains
several outer bores (water jets) which arc towards the center of the fountain, and a center
bore which can shoot water about 40 feet into the air. These feature bores are operated
through the use of a secondary booster pump within the system; however, since this
feature has not been used in 8 -10 years, a recent evaluation of the booster pump shows
many signs of disrepair, which can have significant replacement costs.
Staff has initiated an effort to produce alternative conceptual designs of what the fountain
might look like with modifications. No recommendation is ready for consideration as of
this date.
Possible Alternative Plans
It is very clear from public and Council comments that the proposal to remove the
engraved bricks was ill advised. Staff apologizes for the distress to donors brought about
by that suggestion.
Staff is now fully refocused on a plan that will preserve all engraved bricks, while reducing
potential hazards.
Some preliminary ideas include:
Areas which have bricks that are not engraved will be replaced with colored
concrete. In some cases, the remaining engraved bricks, tiles and granite slabs
could be relocated to consolidate them in less heavily traveled areas.
. There are some engraved bricks near the entry to the Arena, along "N" Street and
near the center of the Plaza that can be relocated to an area that is highly visible
and near the stage. This area has less traffic, which will help preserve the bricks,
while ensuring the safety of individuals who visit the Arena. See Items A, B and C
on the attached map for locations.
. For bricks that have chipped corners, a repair or patching agent has been tested.
The first test that was conducted appears to have been successful; therefore, repairs
will be attempted. Photos of bricks that have been repaired is attached.
. The circle of bricks around the fountain will be left in place. See Item D.
. The bricks that parallel Truxtun Avenue will be left in place. See Item E.
. The large granite slabs located in the area underneath the Convention Center
canopy will be re- leveled, and only those slabs beyond repair will be removed. Both
ends of the granite walkway will be converted to colored concrete due to the high
volume of traffic and equipment that crosses them. See Item F.
Perhaps the greatest problems are the blue or teal tiles that, for the most part, surround
the fountain. The top surface of many of these tiles are either worn down, difficult to read
or chipped. Due to the installation method, they are problematic to remove.
. One alternate may be to replicate the names on broken tiles (where still identifiable)
onto the wall that separates the Plaza from the office and ticketing area. See Item F
and related photo. Potential surfaces for the wall and costs are to be studied.
. Another option may be for the tiles to be replaced by concrete with the names re-
engraved in the concrete. Costs for this option are to be studied.
Notes:
. Over the years, some bricks and tiles that were badly broken and were tripping
hazards have already been replaced.
. Not all bricks, tiles and granite slabs can be identified as to who purchased them,
either due to wear and tear or the nature of the inscription.
Summary
Through this plan, hazardous conditions can be reduced on Centennial Plaza without the
removal of the bricks that are still intact.
Staff recommends that the matter regarding disposition of the bricks and tiles at
Centennial Plaza, and the fountain at Truxtun Avenue and N Street be referred to the
Community Services Committee for study. In the interim, no changes will occur to those
tiles or the fountain.
ATTACHMENTS:
Description Type
0 Plaza Map Proposed Plan Exhibit
0 Damaged Brick Pictures Exhibit
0 Damaged Tile Pictures Exhibit
0 Repaired Brick Sample Pictures Exhibit
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 New Business 13. a.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: 8/5/2014
WARD:
SUBJECT: League of California Cities Annual conference appointment of voting delegate(s) and City
positions on Conference Resolution.
STAFF RECOMMENDATION:
Staff recommends Council appoint a voting delegate and an alternate, and adopt a position in support of
the League proposed resolution.
BACKGROUND:
The League Annual Conference is set to take place September 3 — 5, 2014 in Los Angeles. The annual
business meeting, during which the proposed League resolution will be considered, will be held on Friday,
September 5th at 12:00 p.m.
Currently, there are five (5) Councilmembers scheduled to attend the League Annual Conference,
including Vice Mayor Weir and Councilmembers Rivera, Maxwell, Smith, and Sullivan. The League
requires the Council to appoint one of its members as the City's voting delegate and up to two (2)
alternate voting delegates.
In addition, the League has provided information on one (1) proposed resolution that will be considered
during the annual business meeting. The proposed resolution is listed below along with a staff
recommendation, which was developed after review by the City Manager's Office, Police Department and
City Attorney's Office. Attached to this administrative report is a full packet of information regarding the
proposed resolution, which was provided by the League.
Proposed League Resolution
A Resolution Calling Upon The Governor And The Legislature To Convene A Summit To Address The
Devastating Environmental Impacts Of Illegal Marijuana Grows On Both Private And Public Lands
Throughout California And The Increasing Problems To Public Safety Related To These Activities By
Working In Partnership With The League Of California Cities To Develop Responsive Solutions And To
Secure Adequate Funding For Cost- Effective Implementation Strategies.
Staff Recommendation: Support
ATTACHMENTS:
Description Type
D Leaoue 2014 Annual Conference Resolutions Packet Backup Material
ADMINISTRATIVE REPORT
MEETING DATE: 8/13/2014 New Business 13. b.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: 8/1/2014
WARD:
SUBJECT: Golden Empire Transit District (GET).
STAFF RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Councilmember Rivera requested the City Council be provided with an opportunity to hear a
report on GET activities from the City's two appointees to the GET Board of Directors (Board). In
response, staff contacted Norris Ledbetter and Howard Silver and requested their presence at
the August 13, 2014 City Council meeting. Staff also separately requested the presence of Karen
King, GET Chief Executive Officer.
For Council reference, Section 101103 of the California Public Utilities Code articulates the
makeup of the five (5) member Board which includes two (2) members appointed by the Kern
County Board of Supervisors; two (2) members appointed by the Bakersfield City Council; and
one (1) member appointed by a majority vote of the other four members.
Section 101140 of the California Public Utilities Code further states that any member of the
Board may be removed at any time and without cause by the body which is authorized, pursuant
to Section 101103, to make the appointment of the particular class of director who is removed.
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING 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
Present: Vice -Mayor Weir, Councilmembers
Rivera, Maxwell, Sullivan, Johnson
Absent: Mayor Hall, Councilmembers Smith,
Hanson
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a. Smartphone Application Overview
Presentation.
Assistant to the City Manager Huot made staff
comments and provided a PowerPoint
presentation.
Councilmember Maxwell asked if the cities that
have used the App have seen a tremendous
Increase in the number of requests and did it
end up with them having to add staff or not be
able to respond as quickly; Assistant to the City
Manager Huot responded that staff will obtain
some information and provide it to Council.
Councilmember Maxwell suggested keeping
track of the requests and make adjustments as
a City Council to alleviate any problems.
Councilmember Johnson requested that the
presentation be provided to the Keep
Bakersfield Beautiful Committee.
ACTION TAKEN
4.
5.
6.
Bakersfield, California, July 16, 2014 - Page 2
CLOSED SESSION
ACTION TAKEN
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 -201 1- 00408712 -CU -CO -VTA.
Motion by Councilmember Sullivan to adjourn to
APPROVED
Closed Session at 3:44 p.m.
AB HALL, SMITH,
HANSON
Motion by Vice -Mayor Weir to adjourn from Closed
APPROVED
Session at 4:27 p.m.
AB HALL, SMITH,
HANSON
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9(d) (1) for the
following:
1. Edward Colson v. City, Kern County CITY ATTORNEY WAS
Superior Court Case GIVEN DIRECTION
No. S1500 -CV- 277378, DRL.
2. North Kern Water Storage District v. City, CITY ATTORNEY WAS
Ventura County Superior Court Case GIVEN DIRECTION
No. 56 -201 1- 00408712 -C U -CO -VTA.
ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 5:14 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Bakersfield, California, July 16, 2014 - Page 3
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Rivera, Maxwell,
Sullivan, Johnson
Absent: Councilmembers Smith, Hanson
City Clerk Gafford announced staff has requested that
Consent Calendar Item 8.r. be pulled from the Consent
Calendar and moved to Deferred Business.
2. INVOCATION by Mayor Hall.
3. PLEDGE OF ALLEGIANCE by Councilmember Johnson.
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.
Mr. Rodriguez accepted the certificate and
made comments.
b. Presentation by Mayor Hall of a Certificate of
Appreciation to Jacob Panero, 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.
Mr. Panero accepted the certificate and made
comments.
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 Better! Month.
Recreation and Parks Director Hoover
accepted the Proclamation and made
comments.
ACTION TAKEN
Bakersfield, California, July 16, 2014 - Page 4
Mayor Hall acknowledged Boy Scout Troop 47, with ACTION TAKEN
Scoutmaster Paul Trimbush, in attendance at the meeting
earning a citizenship badge and to learn about City
government.
5. PUBLIC STATEMENTS
a. Curtis J. Bingham, Sr., Street Evangelist,
expressed his appreciation to Mayor Hall, the
City Councilmembers, the Police Department
and staff, for the work they do for the City.
b. Jeff Nickell, Executive Director of Kern Adult
Literacy Council, spoke regarding the Literacy
Council, requested funding support, and
submitted written material.
C. Jeanne Radsick, on behalf of the Bakersfield
Association of Realtors, spoke regarding the
resolution in support of AB 1513.
d. Ming Chen, on behalf of Doctors Against
Forced Organ Harvesting, spoke regarding
human organ pillaging from prisoners in China,
and submitted written material.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
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 27, 2014, to July 30, 2014, in the amount of
$15,225,966.92 and self- insurance payments
from June 27, 2014, to July 30, 2014, in the
amount of $699,982.39 totaling, $15,925,949.31.
Bakersfield, California, July 16, 2014 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
C. First Reading of Ordinance amending the FR
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)
d. First Reading of Ordinance amending the
Official Zoning Map in Title 17 of the Municipal FR
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.)
Resolutions:
e. Resolution approving the Public Notice and RES 107 -14
Grievance Procedure as required under the
Americans with Disabilities Act.
Resolution in support of Assembly Bill No. 1513 RES 108 -14
regarding squatters.
g. Grant Assistance Program:
Resolution authorizing the Police
Department to accept funding ($58,318) RES 109 -14
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.
8.
Bakersfield, California, July 16, 2014 - Page 6
CONSENT CALENDAR continued ACTION TAKEN
h. Resolution determining that Bioxide, a RES 110 -14
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.
i. Emergency cleaning of Digester No. 4 at
Wastewater Treatment Plant No. 2:
1. Resolution dispensing with bidding RES 111 -14
procedures due to emergency.
2. Amendment No. 1 to Agreement No. AGR 14 -116
PW 14 -132 with Wastewater Solids
Management ($15,000; revised not to
exceed $55,000) for digester cleaning.
j. Sewer connection fee assessment for 2516
Clara Court:
1. Resolution confirming assessment for RES 112 -14
sewer connection fee and authorizing
the collection of assessment by the Kern
County Tax Collector.
2. Agreement with Ricardo Lopez Gonzalez AGR 14 -117
to pay sewer connection fee through
the Kern County Tax Collector.
k. Sewer connection fee assessment for 5117
Centaur Street:
Resolution confirming assessment for RES 113 -14
sewer connection fee and authorizing
the collection of assessment by the Kern
County Tax Collector.
2. Agreement with Timothy W. and Anna M. AGR 14 -118
Lee to pay sewer connection fee
through the Kern County Tax Collector.
8.
Bakersfield, California, July 16, 2014 - Page 7
CONSENT CALENDAR continued ACTION TAKEN
Resolution adding territory, Area 4 -124 RES 114 -14
(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.
M. Resolution of Intention No. 1799 ordering the ROI 1799
vacation of a portion of 17th Place Alley, within
Block 269, between N and O streets.
n. Resolution of Intention No. 1802 calling a public ROI 1802
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).
o. Resolution of Intention No. 1803 calling a public ROI 1803
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).
P. Resolution of Intention No. 1804 calling a public ROI 1804
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).
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 ROI 1805
Old River Road)
2. ROI No. 1806 adding Area 5 -70 ROI 1806
(southwest corner of E. White Lane and
Cottonwood Road)
8.
Bakersfield, California, July 16, 2014 - Page 8
CONSENT CALENDAR continued
Agreements:
Changes to salaries and related benefits for
various employee units:
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.
Resolution modifying paying and
reporting the value of employer paid
member contributions with time -in -grade
exceptions for Police Safety Supervisory
(Sergeants) Classification.
ACTION TAKEN
MOVED TO DEFERRED
BUSINESS
C�
Bakersfield, California, July 16, 2014 — Page 9
CONSENT CALENDAR continued
Item 8.r, continued
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.
S. License Agreement with CompuCom Systems,
Inc. ($325,000), to provide Microsoft Licenses for
1,386 city computers.
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.
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)
ACTION TAKEN
AGR 14 -119
AGR 14 -120
AGR 14 -121
DEED 7951
8.
Bakersfield, California, July 16, 2014 - Page 10
CONSENT CALENDAR continued
ACTION TAKEN
V.
Agreement with Dudley and Edna Drake,
AGR 14 -122
trustees ($268,000) to purchase real property
DEED 7952
cc. Agreement with Richard and Judith McMullen
located at 4415 Kensington Avenue, for the
($296,000) to purchase real property located at
AGR 14 -129
Centennial Corridor Project. (TRIP)
DEED 7959
W.
Agreement with Ernest and Deborah Flippin
AGR 14 -123
AGR 14 -130
($238,000) to purchase real property located at
DEED 7953
purchase real property located at 4505 Charter
500 Malibu Court, for the Centennial Corridor
Oaks Avenue, for the Centennial Corridor
Project. (TRIP)
X.
Agreement with Joyce Ferguson ($140,000) to
AGR 14 -124
DEED 7961
purchase real property located at 2 Morrison
DEED 7954
Project. (TRIP)
Street, for the Centennial Corridor Project. (TRIP)
Y.
Agreement with Melba F. Stanczak, Trustee
AGR 14 -125
($273,000) to purchase real property located at
DEED 7955
4508 Woodlake Drive, for the Centennial
Corridor Project. (TRIP)
Z.
Agreement with Scott and Hortencia Strickland
AGR 14 -126
($316,000) to purchase real property located at
DEED 7956
4200 Hillsborough Drive, for the Centennial
Corridor Project. (TRIP)
aa.
Agreement with Rosa Elena Cahue ($284,000)
AGR 14 -127
to purchase real property located at
DEED 7957
4312 Kentfield Drive, for the Centennial Corridor
Project. (TRIP)
bb. Agreement with Betty Woodard Smith, Trustee
of the Betty Woodard Smith Trust ($288,000) to
AGR 14 -128
purchase real property located at
DEED 7958
4208 Hillsborough Drive, for the Centennial
Corridor Project. (TRIP)
cc. Agreement with Richard and Judith McMullen
($296,000) to purchase real property located at
AGR 14 -129
4404 La Mirada Drive, for the Centennial
DEED 7959
Corridor Project. (TRIP)
dd. Agreement with Marguerite M. Smith, Trustee of
AGR 14 -130
the Marguerite M. Smith Trust ($240,000) to
DEED 7960
purchase real property located at 4505 Charter
Oaks Avenue, for the Centennial Corridor
Project. (TRIP)
ee. Agreement with H. Lee and Mary E. Jackson
AGR 14 -131
($192,000) to purchase real property located at
DEED 7961
3330 Wood Lane, for the Centennial Corridor
Project. (TRIP)
8.
Bakersfield, California, July 16, 2014 — Page 11
CONSENT CALENDAR continued
ff. Agreement with Donald and Diane Steward
($265,000), to purchase real property located
at 2401 Myrtle Street, for the 241h Street
Widening Project. (TRIP)
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)
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)
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.
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.
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. CA 14-001
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.
ACTION TAKEN
AGR 14 -132
DEED 7962
AGR 14 -133
DEED 7963
AGR 14 -134
DEED 7964
DEED 7965
AGR 14 -135
AGR 14 -136
AGR 14 -137
AGR 14 -138
AGR 14 -139
Bakersfield, California, July 16, 2014 — Page 12
8. CONSENT CALENDAR continued ACTION TAKEN
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.
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.
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)
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:
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.
ss. City's Domestic Water System:
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.
AGR 08- 179(7)
AGR 10- 107(5)
AGR 12- 071(1)
AGR 12 -165
CCO13
AGR 13 -155
CCO2
AGR 14 -140
AGR 14 -141
8.
Bakersfield, California, July 16, 2014 — Page 13
CONSENT CALENDAR continued ACTION TAKEN
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.
City Clerk Gafford announced that staff has
requested Item 8.r. be pulled from Consent Calendar
and moved to Deferred Business; a staff memorandum
was received regarding Item 8.d. proposing a revised
condition to the project; and additional staff
memoranda were received transmitting revised
resolutions of intention for items 8.n., 8.o., and 8.p.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.H., with the removal AB SMITH, HANSON
of Item 8.r.
9. CONSENT CALENDAR PUBLIC HEARINGS
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)
b. Public Hearing to consider Resolution ordering RES 116 -14
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 RES 117 -14
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)
Consent Calendar Public Hearings opened at
5:46 p.m.
No one spoke.
Consent Calendar Public Hearings closed at
5:46 p.m.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar Public Hearings items 9.a. through 9.c. AB SMITH, HANSON
10
Bakersfield, California, July 16, 2014 - Page 14
HEARINGS ACTION TAKEN
a. Public Hearing to consider 12 Resolutions of
RES 118 -14
Necessity (RON) to determine whether the
RES 119 -14
public interest and necessity for acquisition by
RES 120 -14
eminent domain, of partial interests in the
RES 121 -14
following real property for public purpose,
RES 122 -14
known as APNs: (1) 386 - 050 -23; 387 - 020 -37;
RES 123 -14
387 - 360 -05, (2) 387 - 020 -14, (3) 387 - 020 -52,
RES 124 -14
(4) 387 - 150 -08, (5) 387 - 150 -18; 387 - 150 -22,
RES 125 -14
(6) 387 - 150 -21, (7) 387 - 150 -27, (8) 387 - 160 -15,
RES 126 -14
(9) 531 - 012 -05; 531 - 012 -14, (10) 533 - 012 -20;
RES 127 -14 RES 128 -14
533 - 012 -21; 533- 012 -26, (1 1) 533 - 012 -24,
RES 129 -14
(12) 533 - 012 -28; 533 - 012 -29; 533 - 012 -30, for the
Highway 178 Widening Project (Code Civ.
Proc.§ 1240.010). (TRIP)
City Clerk Gafford announced correspondence
was received from Kuhs and Parker regarding
opposition to the resolutions for APNs
533 - 012 -20, 533 - 012 -21, and 533 - 012 -26.
Public Works Director Fidler made staff
comments and provided a PowerPoint
presentation.
City Attorney Gennaro made additional staff
comments and recommended adoption of the
Resolutions of Necessity.
Hearing opened at 5:52 p.m.
The following individuals spoke in opposition to
the staff recommendation: Gary Olson, with
Olson Design Studio, representing the owner of
APN 387 - 020 -52 (submitted written material);
Robert Kuhs, with Kuhs and Parker, representing
the owner, John Thompson (also present), of
APNs 533 - 012 -20, 533 - 012 -21, and 533 - 012 -26
(submitted written material); Elizabeth Estrada,
with Alexander and Associates, representing
the owner of APN 533- 012 -24; and Roger
McIntosh, with McIntosh & Associates,
representing the owner of APNs 387 - 020 -37 and
386 - 050 -23 (submitted written material).
No one spoke in support of the staff
recommendation.
Hearing closed at 6:08 p.m.
Motion by Vice -Mayor Weir to adopt the APPROVED
Resolutions of Necessity. AB SMITH, HANSON
11.
12.
Bakersfield, California, July 16, 2014 — Page 15
REPORTS
None.
DEFERRED BUSINESS
a. Changes to salaries and related benefits for
various employee units:
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.
Resolution modifying paying and
reporting the value of employer paid
member contributions with time -in -grade
exceptions for Police Safety Supervisory
(Sergeants) Classification.
ACTION TAKEN
RES 079 -13(3)
RES 130 -14
RES 080 -13(3)
RES 131 -14
NOT APPROVED
NOT APPROVED
RES 132 -14
Bakersfield, California, July 16, 2014 - Page 16
12. DEFERRED BUSINESS continued ACTION TAKEN
Item 12.a. continued
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.
City Manager Tandy made staff comments, provided
a PowerPoint presentation, and recommended
adoption of the Resolutions.
Councilmember Johnson made a motion to adopt
Deferred Business items 12.a.1. through 12.a.12.,
excluding items 12.a.3. and 12.a.4.
Vice -Mayor Weir made a motion to adopt Deferred
Business items 12.a.1. through 12.a.12.
Councilmember Johnson amended his original motion
to adopt Deferred Business items 12.a.1. through
12.a.12., with the exception of the Management Unit,
and to continue that item until the conclusion of the
City Manager's evaluation.
RES ISO -13(1)
RES 133 -14
RES 078 -13(1)
RES 077 -13(1)
RES 134 -14
12.
Bakersfield, California, July 16, 2014 - Page 17
DEFERRED BUSINESS continued
Item 12.a. continued
Motion by Vice -Mayor Weir, as restated by City
Attorney Gennaro, to adopt the Resolutions in
Deferred Business items 72.a. 1. through 12.a.12.
Motion by Councilmember Johnson, as restated by
City Attorney Gennaro, to adopt the Resolutions in
Deferred Business items 12.a.1. through 12.a.12., with
the exception of only those aspects in the individual
items that deal with or impact only the Management
Unit within the City of Bakersfield, and as to those
components, they will be brought forward to the City
Council meeting at the conclusion of the City
Manager's evaluation.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson requested that the
announcement made by the State Water Resources
Control Board regarding new water restrictions be
placed on the next Water Board agenda for
discussion; and he requested that the City Attorney
provide information as to whether our City Charter
authority gives us any greater flexibility with regard to
that State mandate.
Councilmember Maxwell commended the Police
Chief for the great detective work and due diligence
In apprehending a couple of people that were
responsible for most of the recent break -ins at some of
the businesses in the Westchester area; and he
expressed his appreciation for the steps being taken
to ensure that the people in that area are provided the
safety and protection of their property from the large
number of vagrants that are causing havoc in the
area.
Councilmember Maxwell requested Police start
patrolling 24th Street again to reduce the amount of
speeding taking place in that area.
Councilmember Maxwell urged anyone who sees
water flowing on Caltrans property that is caused by
broken sprinkler equipment to contact Caltrans
directly.
ACTION TAKEN
FAILED
NOES RIVERA,
MAXWELL, JOHNSON
AB SMITH, HANSON
APPROVED
NOES WEIR, SULLIVAN
AB SMITH, HANSON
Bakersfield, California, July 16, 2014 - Page 18
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Vice -Mayor Weir expressed his disappointment that
the Management personnel will not be not receiving
their raises at the same time as everyone else will, and
he expects it will be corrected at the next meeting.
Councilmember Sullivan announced that the State of
the City meeting yesterday, hosted by the Chamber of
Commerce, was well attended, and the speakers did
an excellent job bringing everyone up to date on what
has taken place this last year.
Councilmember Sullivan urged everyone to take the
water restrictions mandate to heart by putting the
solution where it needs to be, with each one of us in
our own homes and mind the tap.
Councilmember Sullivan announced that the annual In
God We Trust event celebrating our National Motto will
be coming up on July 31St at the Marriott, and anyone
Interested in more information can contact her.
Mayor Hall expressed his disappointment with the
divisiveness that was displayed during the Deferred
Business item; and he feels that it is important to
appreciate and recognize the Vice -Mayor and his
role, as well as honor the outstanding work that the
City Manager has done for 22 years.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:16 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
BAKERSFIELD CITY COUNCIL
MINUTES
SPECIAL MEETING OF JULY 23, 2014
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meeting - 7:00 p.m.
SPECIAL MEETING - 7:00 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Rivera, Maxwell, Smith,
Hanson, Sullivan (seated at 7:03 p.m.),
Johnson
Absent: None
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
a. 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 7.01 p.m.
Motion by Councilmember Maxwell to adjourn from APPROVED
Closed Session at 1:59 p.m.
4. CLOSED SESSION ACTION
a. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957 (b) (1)/4957.6.
Vice -Mayor Weir announced the motion, that the City APPROVED
Manager's evaluation has been completed, it was a NOES MAXWELL
very positive evaluation, and the City Manager's
contract will remain intact.
5.
6
Bakersfield, California, July 23, 2014 — Page 2
DEFERRED BUSINESS ACTION TAKEN
a. Changes to salaries and related benefits for
various employee units: (deferred from the
meeting of 7/16/14)
1. Amendment No. 4 to Resolution 080 -13 RES 080 -13(4)
setting salaries and related benefits for
officers and employees of the General
Supervisory, Police Supervisory and
Management Units.
2. Amendment No. 1 to Resolution 131 -14 RES 131 -14(1)
modifying paying and reporting the
value of employer paid member
contributions with time -in -grade
exceptions for General Supervisory and
Management Units.
3. Resolution modifying paying and RES 135 -14
reporting the value of employer paid
member contributions with time -in -grade
exceptions for Police Safety
Management Classifications.
4. Resolution modifying paying and
RES 136 -14
reporting the value of employer paid
member contributions with time -in -grade
exceptions for Fire Safety Management
Classifications.
City Manager Tandy made staff comments and
recommended approval of the Resolutions.
Motion by Vice -Mayor Weir to approve the Resolutions. APPROVED
ADJOURNMENT
Mayor Hall adjourned the meeting at 8:54 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield