HomeMy WebLinkAbout03/06/13_CC_AGENDA_PACKET WELCOME TO YOUR 03/06/13 CITY COUNCIL MEETING
ON BEHALF OF THE CITY COUNCIL, I WANT TO THANK YOU FOR ATTENDING THIS MEETING. I HOPE YOU FIND THE FOLLOWING
INFORMATION HELPFUL. ADDITIONALLY, IN COMPLIANCE WITH THE"AMERICANS WITH DISABILITIES ACT,"SHOULD YOU
NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, OR HAVE QUESTIONS REGARDING THE AGENDA, PLEASE CONTACT MY
OFFICE DURING REGULAR BUSINESS HOURS AT(661)326-3767.
ROBERTA GAFFORD,CMC
CITY CLERK
t ® ®
LEGEND
1 -Councilmember,First Ward 8-Russell Johnson,Councilmember,Seventh Ward
2-Terry Maxwell,Councilmember,Second Ward 9-Raul Rojas, Public Works Director
3-Bob Smith,Councilmember,Fourth Ward 10-Community Development Department
4-Harvey L,Hall,Mayor 11 -Alan Tandy,City Manager
5-Ken Welr,Vice Mayor,Third Ward 12-Virginia Gennaro,City Attorney
6-Harold Hanson,Councilmember,Fifth Ward 13-Roberta Gafford,City Clerk
7-Jacqule Sullivan,Councilmember,Sixth Ward 14-News Media
Your City Government
The City of Bakersfield Is operated under the Council-Manager form of Government. Legislative and policy-making
duties necessary to govern the City's affairs are handled by the City Council, with the Administrative duties handled by
the City Manager, as outlined in the City Charter. The City is divided into seven wards, each represented by a
Councilmember, elected on a non-partisan basis and serving four-year overlapping terms. City Council Meetings are
a vital part of the Democratic process and citizens are urged to attend. The meetings are open to the public and held
In the Council Chambers of City Hall, 1501 Truxtun Avenue, at 3:30 p.m. and 5:15 p.m., on calendared Wednesdays.
Audio and video broadcast of the meeting may be accessed through the City's Web Page at: www.bakersfieldcitv.us
The Council is organized into seven standing committees that were created to review and analyze all City policies and
programs and make necessary recommendations back to the full Council. Each committee consists of three
Councilmembers and each Councilmember will chair at least one of the following Committees:
Budget&Finance Community Services Legislative&Litigation
Personnel Planning &Development Safe Neighborhoods
Water Resources
Conduct of Council Meetings
Meetings of the Council are governed under "Robert's Rules of Order" on all matters pertaining to parliamentary law.
However, no action of the Council will be invalidated nor legally challenged by the failure to strictly follow such rules.
Adoltionally, Ordinances and policies have been adopted covering Council meeting procedures, including time
limitations for public comment.
MAYOR
The Mayor is the presiding officer at Council Meetings. The Mayor executes all legal instruments and documents
however, is not vested with administrative authority. The Mayor Is elected at-large for a four-year term and serves as
the official head of the City for all legislative policy and ceremonial purposes. In the event of a tie vote among the
Council,the Mayor has the authority to cast a vote, In order to break the tie.
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PUBLIC COMMENTS MAY BE MADE ONLY UNDER PUBLIC STATEMENTS OR HEARINGS.
PUBLIC STATEMENTS-Following the guidelines established In California Government Code§54950, known as the "Brown
Act" most cities establish specific rules and procedures governing public comment and conduct of their meetings.
You are invited to address the Council during the Public Statements portion of the Agenda on any matter related to
City!business except matters set for Public Hearing on the agenda before the Council. To address the Council,fill out a
Spelaker's Card and present it to the City Clerk before the meeting begins and no later than the conclusion of the
Pubidlic Statement portion of the Agenda.
Public Statements are limited to three (3) minutes per speaker with a maximum of fifteen (15) minutes, per side, for any
one subject. The council may, by majority vote, waive the time limit. The Council will take no action other than to refer
the Issue to committee or staff. Anyone who has not provided a Speaker's Card to the Clerk will not be allowed to
speak during the public statement portion of the meeting, unless approved, by motion, by the City Council after being
notified of the name of the person and the subject matter addressed.
You may provide written comments to the Clerk, or send written communication addressed to the Council. However,
under existing rules, the City Manager is charged with the responsibility of determining if the communication is to be
placed on the agenda or directed to staff for handling. You should receive a response from staff regarding the
disposition of your communication. Communication to Councilmembers not requiring Council action will be
distributed to them through their mailboxes.
City Council Agenda
AG=NDA PACKET - The Agenda and packet containing supporting material is available generally by 4:00 P.M., the
Friday prior to the Council Meeting. Complete packets are available for review at Beale Memorial Library and the City
Clerk's Office. Additionally, citizens can access the materials through the City's Web Page at:www.bakersfieldcitv.us.
Any writings or documents received by staff and provided to a majority of the Council regarding any item on this
agenda will be made available for public inspection at the City Clerk's Office located at 1600 Truxtun Avenue during
normal business hours.
CONSENT CALENDAR - All matters are considered routine and generally approved in one motion. A Councilmember,
or member of the public during Public Statements, may request an item be taken off the Consent Calendar for
discussion or have the item deferred for further study prior to the time Council votes on the motion to adopt the item.
HEARINGS- Proponents and opponents may address Council during the public portion of the hearing. Each side is
limited to 15 minutes, with an additional 5 minutes for rebuttal. The Mayor will close the public portion of the hearing, at
which time no member of the public will address Council unless specifically asked to by a member through the
Presiding Officer. THE MOST EFFECTIVE WAY OF COMMUNICATING YOUR THOUGHTS TO THE COUNCIL ON PUBLIC
HEARING MATTERS IS BY SUBMITTING YOUR COMMENTS IN WRITING, PREFERABLY NO LATER THAN 2:00 P.M., THURSDAY OF
THE WEEK PRIOR TO THE COUNCIL MEETING IN ORDER FOR YOUR COMMUNICATION TO BE REPRODUCED FOR THE
AGENDA PACKET. However, legally you may submit such material up to, and including,the time of the public hearing.
REPORTS-Council Committee reports and Staff updates are provided to the Council either orally or in writing.
CQUNCIL STATEMENTS-Councilmembers may refer matters and Issues of concern to Committees and/or staff.
Definitions
THii FOLLOWING ARE TERMS& PHRASES YOU WILL ENCOUNTER DURING A COUNCIL MEETING OR ON THE AGENDA:
CO/BOARDS&COMMITTEES-Council appointed advisory bodies that carry out Council designated functions or law.
CLQSED SESSION - A "closed door" meeting provided for by State Law which allows Councilmembers to consider, in
private, legal matters,specific personnel issues and labor negotiation matters.
jV10TION-A proposal made by a Councilmember,for action by the full Council.
DINAN E-A"legislative act"that requires two readings at separate Council meetings and becomes effective thirty
(3 )days after adoption.
EMERGENCY ORDINANCE-This Ordinance requires only one reading and is effective immediately upon adoption.
RESOLUTION- A formalized action of the Council expressing policy or directing certain types of administrative action. It
becomes effective immediately and may be changed by an amendment or subsequent resolution.
STAFF-Professional employees of the City who direct day-to-day operations and carry out policies set by Council. The
City Manager is appointed by Council to direct administrative operations of City government. The City Attorney is
appointed by Council and serves as chief counsel and legal representative of the City.
oOo
`�$01'e4, yy� AGENDA HIGHLIGHTS
.. ',� March 6, 2013 COUNCIL MEETING
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yr j�9�:; ‘' REGULAR MEETING-3:30 p.m.
OTE: In accordance with the new starting time for City Council meetings that went into
=ffect as of 2013, a separate meeting will be called to order at 3:30 p.m., followed by
•ublic Statements that will encourage comments pertaining only to Closed Session
II • 1 = . The Council will recess into Closed Session and, upon conclusion of the Closed
ession, any Closed Session action will be announced and the meeting will be adjourned.
t 5:15, the Regular Meeting will be called to order to address the remainder of the
•Benda items.
_ • p
fem 3a. There will be a conference with legal counsel regarding one matter of existing
itigation and the City Manager's performance evaluation.
REGULAR MEETING-5:15 p.m.
• ► k _ ► • : ;
Resolutions
tem 8f. Memorandum of Understanding with the Bakersfield Police Officers' Association
-•: . The City's last MOU with the BPOA expired in June 2007. Since that time, the City
•nd the BPOA were unable to come to agreement on terms for a new MOU, and
egotiations ultimately led to impasse. However, renewed efforts on both sides have
esulted in settlement of all the issues that were discussed in the labor negotiations. The
ew MOU recommended for City Council approval will include a 3% COLA effective
December 19, 2011 and an additional 3% effective July 2, 2012. The MOU also includes
anguage to provide for additional future COLAs above those provided to the City's
iscellaneous employees, in an effort to address the current COLA inequities between the
o units as well as a $300 increase in their annual uniform allowance. It also includes the
•ension reforms from both Measure D and recent statewide reforms and expedites the
-nd of several legal challenges.
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tem Es. Replacement of two front loading refuse trucks for the Solid Waste Division. At the
ebruary 13, 2013 meeting, an item to replace two refuse trucks was deferred to allow an
•pportunity for Councilmember Maxwell to be provided with more information pertaining
o the City's replacement procedures for vehicles. That action has occurred, and the item
has been placed on this agenda,with staff's recommendation for acceptance of the bid.
Miscellaneous
tern 8y. Ao oropriation of $1.6 million of Blue Cross medical premium surplus funds to
. .�. : f. •.•"•a• • :•• • • ,_ := ' _= ■A •• • , :v• . . _ •. Because of
he favorable active employee claim experience in 2011, the Anthem Blue Cross
.tabilization Fund balance has exceeded required reserves by $1.6 million. Both the
nsurance Committee and the Personnel Committee agreed with the staff
ecommendation that the funds be deposited into the OPEB Irrevocable Trust account,
hich was created several years ago to set aside funds for future retiree medical subsidy
•bligations of the City. The Personnel Committee directed staff to bring the request
orward to the full City Council for consideration and approval, which has resulted in this
•ppropriation request. It is a very good step in the continued efforts to reduce the City's
nfunded liability balance for the Retiree Medial subsidy program.
pproved:
Ian Tandy, City Manager
c: Department Heads
City Manager's File
City Clerk's File
News Media File
�■genda Highlights-March 6,2013 Council Meeting
Page 2
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(001V)
BAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF MARCH 6, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings- 3:30 p.m. and 5:15 p.m.
REGULAR MEETING- 3:30 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 (d)(1) regarding Caitlyn
Lamond, et al. v. City, et al, KCSC Case No. S-1500-CV-275123 SPC.
b. Public Employee Performance Evaluation -City Manager; Closed Session pursuant to
Government Code Section 54957 (b)(1)/54957.6.
4. CLOSED SESSION ACTION
5. ADJOURNMENT
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
2. INVOCATION by Pastor, Dr, V.K. Jones of People's Missionary Baptist Church,
3. PLEDGE OF ALLEGIANCE by William Connolly, 3rd grade student at Christa McAuliffe
Elementary School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of retirement plaque and gift certificate to Aaron Moore.
5.III, PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
a. One appointment to the Keep Bakersfield Beautiful Committee, due to the
resignation of Alternate Member Sheryl Graab (Ward 7), whose term expires
November, 2014.
Staff recommends Council determination.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 13, 2013 Regular City Council Meetings.
Payments:
b. Receive and file department payments from February 1, 2013 to February 20, 2013
in the amount of $9,010,549.65 and self-Insurance payments from February 1, 2013 to
February 20, 2013 in the amount of$187,581.99 totaling $9,198,131.64.
Ordinances:
(Ward 6) C. Adoption Ordinance adopting a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal Code by changing the zone district
from R-1 (One Family Dwelling)to C-2/PCD (Regional Commercial/Planned
Commercial Development) on 14.14 acres located along the south side of Taft
Highway, approximately 1/4 mile west of Stine Road (ZC # 12-0355, Marino/Associates,
representing Kerfoot Family Trust, the property owners). (FR 02/13/13)
Resolutions:
d. Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorizing collection of the assessments by the
Kern County Tax Collector.
e. Resolution supporting litigation against California High Speed Rail Authority for its
non-compliance with Proposition 1A and recommending transfer of $5,000 council
contingency to the City Attorney's Operating budget within the General Fund for
financial support for that litigation.
f. Resolution approving the Memorandum of Understanding, setting salaries and
related benefits for employees represented by the Bakersfield Police Officers
Association.
(Ward 1) g. 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. 1738 to add Area 4-112 (101 S. Union Avenue)
2. ROI No. 1739 to add Area 4-113 (501 &503 E. 21st Street)
Agreements:
h. Agreement with Central Valley Occupational Medical Group, Inc. (not to exceed
$100,000 annually)for City physician services.
Agreement with York Risk Services, Inc. (not to exceed $460,000), for adjusting liability
claims filed against the City.
2 City Council Meeting of 3/6/2013
S. CONSENT CALENDAR continued
(Ward 1) j. Agreement with Duane Morris (not to exceed $350,000) for legal services in
connection with legal action against the State Department of Finance to recover
the redevelopment financing disallowed by the State of California that was
designated for City redevelopment projects.
(Ward 4) k. Westside Parkway Phase 6C Project: (TRIP)
1. Reimbursement Agreement with Southern California Gas Company ($80,000)
for cost of a 30 inch casing to be installed within the Renfro Road Bridge for
the project.
2. Appropriate $80,000 Other Agency Share Funds from Southern California Gas
Company to the Public Works Capital Improvement Budget within the Capital
Outlay Utility Roads Fund for work on the project.
(Ward 1) I. Amendment No. 2 to Ground Lease Agreement No. 92-255 (1)with Gina Shields
assigning Hangar Space Al to Bobby Baker.
(Ward 2,4,5) m. Amendment No. 4 to Agreement No. 09-058 with Nolte Associates, Inc. ($847,331.70;
revised not to exceed $9,048,979.83)for construction management services for the
Westside Parkway Phase 2 Project. (TRIP)
(Ward 2) n. Amendment No. 2 to Agreement No, 09-028 with Nolte Associates, Inc. ($477,948.09;
revised not to exceed $7,386,494.03), for construction management services for the
Westside Parkway Phase 4 Project. (TRIP)
(Word 1) o. Amendment No. 1 to Agreement No, 12-118 with Habitat for Humanity, Golden
Empire ($10,000) for the sale of City-owned property located at 1918 Filson Street for
resale as an affordable single-family home,
(Ward 7) p. Contract Change Order No. 4 to Agreement No. 12-099 with Security Paving
Company ($11,034.93; revised not to exceed $1,170,469.62)for Pavement
Rehabilitation 2012 Phase 2 Project: Panama Lane from SR 99 to South H Street.
(Ward 2) q. Contract Change Order Nos. 10 and 36 to Agreement No. 10-168 with Security
Paving Company, Inc. ($1,236,747.17; revised not to exceed $23,992,259.88; change
order funded with traffic impact fees), for the construction of the Westside Parkway
Phase 4 Project.
(Ward 6) r. Contract Change Order No. 15 to Agreement No. 12-069 with S.C. Anderson, Inc.
($18,448; revised not to exceed $3,648,720.66), for State Farm Sports Village Phase 2
Project.
Bids:
s. Accept bid and from Golden State Peterbilt($619,687.03)for two replacement front
loading refuse trucks for the Public Works Department, Solid Waste Division.
(deterred from the meeting of 2/13/13)
t. Accept bid from EDX Information Systems($70,560.88), for 70 Lenovo desktop
computers for the Information Technology Division.
u. Accept bid and approve annual contract with San Joaquin Fence & Supply (not to
exceed $477,844.15)for installed fencing.
3 City Council Meeting of 3/6/2013
8. CONSENT CALENDAR continued
(Ward 7) v. Accept bid and approve contract with Flatiron Electric Group, Inc. ($108,880), for
street light improvements in Tract 2548.
w. Highway Safety Improvement Program Grant- Pedestrian Countdown Timers:
1. Accept bid and approve contract with Siemens, Inc. ($41,040), for
construction of project.
2. Appropriate $43,200 Federal Congestion Management Air Quality grant and
$4,800 Gas Tax Fund balance to the Public Works Department's Capital
Improvement budget within respectively the SAFETEA-LU Fund and the Gas
Tax Fund.
(Ward 3) x. Mesa Marin Sports Complex-Scoreboards:
1. Resolution determining that electronic scoreboards for the Complex cannot
be reasonably obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with bidding thereof to purchase
four electronic scoreboards from Daktronics, Inc., not to exceed $14,789.
2. Accept bid and award contract with City Neon Sign ($27,080) for the
installation of the scoreboards.
3. Appropriate $25,500 Park Improvement Fund balance to the Recreation and
Parks Department's Capital Improvement budget.
Miscellaneous:
y. Appropriate $1,600,000 Anthem Blue Cross medical premium surplus funds to the
non-departmental budget within the General Fund to provide for additional deposits
Into the Retiree Medical Irrevocable Trust Fund.
z. Transfer and Appropriate $100,000 Transportation Development Fund Balance to the
Finance Department Operating Budget within the TRIP Local Match Fund to
authorize payment of a TIFIA Loan Application Fee related to potential road
financing.
Successor Agency Business:
aa. Receive and file successor agency payments from February 1, 2013 to
February 20, 2013 in the amount of$253.72.
Staff recommends adoption of Consent Calendar items 8a. through 8.aa.
9.1 CONSENT CALENDAR PUBLIC HEARINGS
1 a. HEARINGS
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
4 City Council Meeting of 3/6/2013
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respectfully submitted,
64.- Alan Tandy
City Manager
2/28/13 9:13am
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5 City Council Meeting of 3/6/2013
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1,, , ‘,S:
ADMINISTRATIVE REPORT
MEETING DATE March 6, 2013 AGENDA SECTION: Closed Session
ITEM:3,O..
TO: Honorable Mayor and City Council APPROVED
Y Y
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD L4
DATE: February 8, 2013 CITY ATTORNEY ve
CITY MANAGER
SUBJECT: Conference with Legal Counsel —Existing Litigation
Closed session pursuant to Government Code section 54956.9(d)(1) (one case).
• Caitlyn Lamond, et al. v. City of Bakersfield
KCSC Case No. S-1500-CV-275123 SPC
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ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Closed Session
ITEM: =j. b.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD VC-
DATE: January 24, 2013 CITY ATTORNEY VC-
CITY MANAGER EAY
SUBJECT: Public Employee Performance Evaluation— City Manager
II
Closed session pursuant to Government Code section 54957(b)(1) / 54957.6.
II
VG:Isc
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(T) ADMINISTRATIVE REPORT
IIIEETING DATE: March 6, 2013 AGENDA SECTION: Presentations
ITEM: 4.
TO: Honorable Mayor and City Council APPROVED
f
ROM: Christi Tenter, Human Resources Manager l,{ DEPARTMENT HEAD
ATE: February 5, 2013 CITY ATTORNEY
CITY MANAGER /e
SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and $150 Gift Certificate to Aaron
Moore.
RECOMMENDATION:
BACKGROUND: Mayor Hall will make presentations to:
Aaron Moore— Fire Engineer 26.75 years of service
P:\RETIREMENT PERS SAFETY\Admin Report Retiree Presentations.doc 2/5/2013
04 co.
)u)/,IP ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Appointments
ITEM: '7. 0..
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD T
DATE: February 21, 2013 CITY ATTORNEY
CITY MANAGER /W
SUBJECT: One appointment to the Keep Bakersfield Beautiful Committee due to the
resignation of Alternate Member Sheryl Graab (Ward 7), whose term expires
November, 2014.
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RECOMMENDATION: Staff recommends Council determination.
BACKGROUND: There is one vacancy on the Keep Bakersfield Beautiful Committee due to
the resignation of the Ward 7 Alternate Member, Sheryl Graab, whose term expires in November,
2014.
Applications for this appointment were received from the following:
• Bruce Blythe
• Christian Parlier
• Donna Webb
The Keep Bakersfield Beautiful Committee (KBBC) 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.
News releases for this recruitment were posted on November 26, 2012 and January 25, 2013.
February 21,2013,4:05PM
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ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: $, a .
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: February 22, 2013 CITY ATTORNEY
CITY MANAGER leS
SUBJECT: Approval of Minutes of the February 13, 2013 Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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"" ADMINISTRATIVE REPORT
r,r,r,rr,,,,
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: • , b.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ZV
DATE: February 20, 2013 CITY ATTORNEY d� --
CITY MANAGER iW
SUBJECT: Receive and file department payments from February 1, 2013 to February
20, 2013 in the amount of $9,010,549.65, Self Insurance payments from
February 1, 2013 to February 20, 2013 in the amount of$187,581.99, totaling
$9,198,131.64
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
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February 20,2013,3:33PM
S:\Kim G ADMIN\COUNCIL-ADMIN-AP-2013 ADMIN—AP 030613.doc
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ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: g.C.
TO: Honorable Mayor and City Council APPROVED
PROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: February 15, 2013 CITY ATTORNEY
CITY MANAGER BY
SUBJECT: Adoption of Ordinance approving a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the
zone district from R-1 (One Family Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial Development) on 14.14 acres, located along
the south side of Taft Highway, approximately 1/4 mile west of Stine Road (ZC #12-
0355, Marino/Associates, representing Kerfoot Family Trust, the property owners).
(Ward 6)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 13, 2013.
the applicant is proposing amendments to the Metropolitan Bakersfield General Plan Land Use
Element and Zoning Ordinance to facilitate development of a 252,497 square foot self-storage
Facility on the 14.14 acre site. The proposal also includes a planned commercial development
overlay as part of the project approval. The surrounding area includes single family housing to
the north, proposed commercial to the east, a veterinary business and undeveloped land to the
West, and undeveloped and agricultural land to the south.
Primary access to the site will be via Taft Highway (SR 119). The applicant is required to provide
full frontage dedication for Taft Highway to current standards. The City's Bikeway Master Plan
Identifies Taft Highway as a Future Bikeway. Since Taft Highway is designed as an expressway
With special development standards in accordance with City Council Resolution 63-12, bike
lanes would be installed along the site's frontage when the full street improvements are
completed.
The Planning Commission approved the preliminary site plan for the self-storage facility at the
December 20, 2012 meeting. It is anticipated that the project will be constructed in three
phases. The first phase consists of the office/residence and self-storage buildings covering
approximately the northern half and the entire perimeter of the site, fully improved and
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ADMINISTRATIVE REPORT Paget
landscaped street frontage, and a temporary RV storage area with portable carports. An RV
(wash area and dump station are also proposed. Phases 2 and 3 will be constructed as additional
storage units are needed.
The. Planning Commission conducted a public hearing regarding this General Plan Amendment
and Zone Change on December 20, 2012, and unanimously recommended approval to the City
Council. There were no individuals or agencies at the hearing that opposed the request.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on October 30, 2012, in accordance with CEQA. The applicant has agreed to all
conditions and mitigation for the project.
"DL"S:\GPAs\GPA 4th 2012\12-0355,PD Review 12-0356\AdminSR\2nd Reading Admin.doc
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III
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31'9 ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA S CTION: Consent Calendar
ITEM g`. c�.
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD l Ar./
DATE: February 15, 2013 CITY ATTORNEY
CITY MANAGER P
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and authorizing collection of the
assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on February 11, 2013, 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. 4817 Beehan Street 171-190-17 $ 300.00
2. 440 Brundage Lane 010-032-16 $ 300.00
3. 205 E. California Avenue 139-052-02 $ 2,500.00
4. 1016 S. Chester Avenue 011-381-13 $ 300.00
5. 316 Clifton Street 018-370-08 $ 770.00
6. 1000 Dr. Martin Luther King Jr. Blvd. 018-032-03 $ 1,230.00
7. 809 S. Kern Street 139-161-04 $ 950.00
February 20,2013, 1:37PM/kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1
8. 302 S. Kincaid Street 168-183-10 $ 300.00
9. 326 Kincaid Street 018-140-04 $ 1,500.00
10. 124 Liggett Street 139-391-04 $ 859.00
11. 811 Lost Trail Court 516-141-14 $ 300.00
12. 35 Northrup Street 018-330-16 $ 105.00
13. 319 S. Owens Street 018-290-18 $ 750.00
14. 928 P Street 009-171-07 $ 760.00
15. 831 Q Street 009-201-07 $ 300.00
16. 1021 Q Street 009-052-02 $ 300.00
17. 703 Wilkins Street 139-432-24 $ 1,125.00
18. 7031/2 Wilkins Street 139-432-27 $ 1,035.00
19. 1420 E. 9th Street 018-061-19 $ 300.00
Ward 2
20. 1815 Blanche Street 007-170-07 $ 700.00
21. 917 Dolores Street 017-400-04 $ 1,114.00
22. 1922 Forrest Street 007-197-01 $ 105.00
23. 505 H Street 007-252-11 $ 300.00
24. 507 Lincoln Street 013-110-02 $ 300.00
25. 1313 Niles Street 015-250-03 $ 300.00
26. 1921 Orange Street 007-192-05 $ 1,285.00
27. 1010 Oregon Street 015-080-13 $ 300.00
28. 2200 Park Way 007-081-10 $ 300.00
29. 2477 Pine Street 001-171-01 $ 835.00
30. 510 Real Road, #14 020-540-14 $ 300.00
31. 1718 Tulare Street 012-380-22 $ 815.00
Ward 3
32. 4201 Coronado Avenue 146-072-08 $ 300.00
33. 3313 Juniper Ridge Road 438-051-26 $ 105.00
34. 2819 Panorama Drive 382-181-08 $ 300.00
35. 3401 University Avenue 383-151-12 $ 300.00
36. 3525 University Avenue 383-241-05 $ 300.00
Ward 4
37. 13200 Seann Court 522-111-01 $ 1,510.00
38. 14704 Tyler Fran Avenue 408-261-09 $ 300.00
February 20,2013, 1:37PM/kd
S:\Dana\ADMINS\2013\MARCH\3-6-Property Abatement.docx
i►DMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 5
39. 3912 Cibola Court 385-332-05 $ 105.00
40. 9706 Rancho Verde Drive 394-264-05 $ 300.00
41 . 7201 School House Lane 339-422-13 $ 105.00
Ward 6
42. 5721 Arc Dome Avenue 498-621-03 $ 300.00
43. 3609 De Souza Place 440-133-01 $ 1,265.00
44. 3716 Delaney Court 384-180-26 $ 1.,410.00
45. 1800 Westbrook Drive 440-132-04 $ 1,310.00
46. 4404 White Lane 403-242-27 $ 105.00
Ward 7
47. 1700 Anita Lane 023-192-11 $ 300.00
48. 5413 Annette Street 371-201-13 $ 300.00
49. 1011 Bachelor Street 516-272-33 $ 300.00
50. 2417 January Drive 515-784-54 $ 105.00
51 . 2107 Ming Avenue 023-191-07 $ 300.00
52. 3205 Sierra Meadows Drive 514-271-04 $ 300.00
53. 4501 Snapdragon Lane 405-361-44 $ 850.00
54. 8042 Stine Road 515-040-12 $ 925.00
55. 3701 Teal Street 405-193-11 $ 300.00
56. 2209 Westhaven Avenue 023-253-10 $ 300.00
57. 7500 Wible Road 515-110-10 $ 300.00
The owners of the above-mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above-mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
February 20,2013, 1:37PM/kd
S:\Dana\ADMINS\2013\MARCH\3-6-Property Abatement.docx
Y.
ADMINISTRATIVE REPORT
=-- ►1,i;,,,',,;
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: g, e.
TO: Honorable Mayor and City Council MC'
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: February 22, 2013 CITY ATTORNEY At
CITY MANAGER leg
SUBJECT: Resolution supporting litigation against California High Speed Rail Authority for its
non-compliance with Proposition 1 A and recommending transfer of $5,000 council
contingency to the City Attorney's Operating Budget within the General Fund for
financial support for that litigation. (All wards)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
On December 14, 2011, the Bakersfield City Council took a formal position against California
High Speed Rail Authority's high speed rail project, as currently proposed. Subsequently, the
Citizens For California High Speed Rail Accountability ("Citizens") formally requested that the
City support litigation in the Sacramento County Superior Court that asserts that the Project as
proposed by the Authority does not comply with certain mandates required by Proposition 1 A.
Trial in the litigation is set to begin on May 31, 2013, and Citizens is attempting to raise $30,000 to
help fund the retention of qualified legal counsel with experience litigating against the
Authority. Citizens has requested that all agencies potentially affected by the current high
speed rail project commit to financially support the litigation.
Staff is recommending that the City contribute $5,000 toward the litigation expenses.
AH:lsc
S:\COUNCIL\Admins\12-13 Admins\HSR.LitSupport.docx
1
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.14.
ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. .
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: February 25, 2013 CITY ATTORNEY ✓
CITY MANAGER IN
SUBJECT: Resolution Approving the Memorandum of Understanding, Setting, ►afar-s and
Related Benefits for Employees Represented by the Bakersfield Police 0 ficers
Association.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND: Labor negotiations between the City and the Bakersfield Police Officers
Association (BPOA) were recently concluded after a prolonged period of time during which an
agreement could not be reached. The City's last Memorandum of Understanding (MOU) with
BPOA expired June 30, 2007 and employees represented by BPOA have not received a Cost of
Living Adjustment (COLA) since March 19, 2007.
Negotiations between the City and BPOA have been ongoing since 2007. Unfortunately, the City
and BPOA could not agree on the terms of a new MOU during the past five plus years. During
this timeframe, a number of significant issues occurred which included an unprecedented
economic downturn resulting in significant revenue decreases for the City, negotiating positions
which were far apart, legal action and two separate declarations of impasse.
Through the most recent impasse process, the City and BPOA leadership were able to effectively
set aside past history and work cooperatively to develop the parameters of an agreement
which, if approved by the City Council, will provide for a comprehensive settlement of all issues
covered during the labor negotiations process. This will allow the Police Officers, Senior Police
Officers, Training Officers and Detectives represented by BPOA to receive a COLA for the first
time since March of 2007 and allow both the City and BPOA to work towards the future under a
renewed spirit of cooperation. Notable provisions of the MOU are highlighted below:
• Term: From July 1, 2007 through June 30, 2013.
• COLA: Current unit members will receive 3% effective December 19, 2011 and 3% effective
July 2, 2012. The MOU also includes language which provides for additional future COLA's
ST
Page 1
0� ,T 4
V'- REPORT
OOP ADMINISTRATIVE RE O
above those provided to the City's Miscellaneous Employees, in an effort to address
current COLA inequities between the two units.
• Uniform Allowance: Unit members will receive a $300 increase in annual uniform
allowance, effective March 6, 2013.
• Pension Reform: This MOU recognizes and incorporates the pension reform components of
Measure D, approved by local voters in November 2010 as well as recent statewide
pension reforms signed into law by way of the Public Employees' Pension Reform Act.
• Comprehensive Settlement: The adoption of this MOU facilitates the end of several legal
challenges which have been resolved by way of the new MOU.
It should be noted that the COLA amounts and dates reflected above are consistent with the
amounts and dates of the COLA's recently provided to the Police Sergeants, Firefighters and
Engineers and Fire Supervisory Units.
ST
Page 2
`p``O��covouro 5�;
ADMINISTRATIVE REPORT
Cq4 .*
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: g.
TO: Honorable Mayor and City Council A PROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ^,-
DATE: February 21, 2013 CITY ATTORNEY #'< `
CITY MANAGER 45
SUBJECT: Resolutions of Intention (ROI) to add the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report for each.
1 . ROI # 1738 to add Area 4-112 (101 S. Union Avenue) -Ward 1
2. ROI # 1739 to add Area 4-113 (501 & 503 E. 21st Street) -Ward 1
RECOMMENDATION: Staff recommends adopting the Resolutions of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcels to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territories be added to the Consolidated Maintenance District at
the next City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor-
Recorder's Office upon approval of this Resolution.
ps
G:\GROUPDAT\ADMINRPT\2013\03-06\ROI est CMD 4-112 4-113.docx
J"4P% ADMINISTRATIVE REPORT
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"�Lmenunu"°
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: $,h.
TO: Honorable Mayor and City Council APPROVED
FROM: Jena Covey, Risk Manager DEPARTMENT HEAD
DATE: February 8, 2013 CITY ATTORNEY (ga
CITY MANAGER Pi
SUBJECT: Agreement with Central Valley Occupational Medical Group, Inc. for City Physician
Services, not to exceed $100,000, annually.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
In the past, the City has utilized one to two facilities for City Physician services. These services
include the following: pre-employment physicals; HAZMAT physicals; fitness for duty exams; and
drug and alcohol testing. The City currently contracts with one facility to provide City Physician
services, Vernon C. Sorenson, M.D. DBA Memorial Occupational Medicine (Memorial
Occupational Medicine), with an expiration date of November 1 , 2014. Staff is recommending
we contract with an additional facility to provide the City greater flexibility when scheduling
employees for services.
In response to the Request for Proposals in September 2011, the City received four proposals from
the following medical facilities: Central Valley Occupational Medical Group; Memorial
Occupational Medicine; Irene Sanchez, M.D.; and U.S. Healthworks, Inc. The medical providers
were evaluated on the following criteria: access to services, customer service, adequacy of staff
and facilities, and cost of services. As a result of the interviews, Memorial Occupational Medicine
and Central Valley Occupational Group were ranked as the top two facilities as they best met
the City's needs and requirements.
City staff elected to evaluate the impact of utilizing one service provider, and we contracted
with Memorial Occupational Medicine. The City Physician contract has been in place for a little
over a year, and while we have been receiving acceptable service from Memorial
Occupational Medicine, staff recommends the City expand its City Physician options by
contracting with an additional facility, Central Valley Occupational Medical Group. This addition
will enhance service options; from a locale and scheduling perspective, as well as ensure the
City has access to more than one provider who is familiar and up-to-date on current City service
needs and protocol at any given time.
The fees for services in the Request for Proposal are similar for both Memorial Occupational
A MINISTRATIVE REPORT
Medicine and Central Valley Occupational Group. The terms of the agreement with Central
Valley Occupational would commence upon approval of the City Council, and expire
November 1, 2014, with an annual not to exceed amount of one hundred thousand ($100,000).
Contracting with an additional facility does not have a fiscal impact to the budget as these are
services that are already being scheduled and have been budgeted in the current year.
Adding a second provider enhances the availability of services and does not increase budgeted
expenses for these services.
l 1 llll)l''fr. d
ADMINISTRATIVE REPORT
iiiii 11,
�1AEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: g.
To: Honorable Mayor and City Council APPROVED
FROM: Jena Covey, Risk Manager DEPARTMENT HEAD_
DATE: February 12, 2013 CITY ATTORNEY nn �.
CITY MANAGER /CJ
SUBJECT: Agreement with York Risk Services, Inc. to adjust liability claims filed against the City of
Bakersfield, in an amount not to exceed Four Hundred Sixty Thousand Dollars
($460,000).
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
For the past six (6) years, the City has contracted with York Risk Services, Inc. (York) to adjust
liability claims filed against the City. Prior to that period, the City contracted with Acclamation
Insurance Management Services, Inc. (AIMS) to provide this service. The current contract with
York expires March 31, 2013.
The City issued a Request for Proposal at the end of November 2012, and received responses
from York and AIMS.
The fee structure proposed by York is based on an hourly compensation rate. Based on our
projections, over a three (3) year period, the York proposal offers fees and costs that are less than
the two fee structures proposed by AIMS, an hourly compensation rate and a flat annual rate
(with annual increases).
1 Based on review of the proposals, the City's experience with these firms, and the level of service
received from our current provider, staff recommends approval of a contract with York for two
(2) years, commencing April 1, 2013, plus a third option year to be exercised at the discretion of
I the City.
JLC
C:\Users\jcovey\AppData\Local\Microsoft\windows\Temporary Internet files\Content.Outlook\OVVJMYR9\York Admin Report--
2013.docx
II !', ur,1„,,
ADMINISTRATIVE REPORT
'.yj91M .`
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: g.j.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 116-
DATE: February 8, 2013 CITY ATTORNEY Ng-
CITY MANAGER ,-.5
SUBJECT: Agreement with Duane Morris for legal services (not to exceed $350,000) in
connection with legal action against the State Department of Finance to recover
the redevelopment financing disallowed by the State of California that was
designated for City redevelopment projects. (Ward 1)
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The City of Bakersfield, in its capacity as Successor Agency to the former Bakersfield
Redevelopment Agency, was advised on December 21, 2012 by the State of California
Department of Finance pursuant to the laws under AB26/AB1484, which govern the dissolution
of redevelopment agencies in California, that funding designated for certain redevelopment
obligations and projects were ineligible for disbursement to pay the redevelopment obligations.
As a result, the funds were taken by the State of California for other taxing entities.
The City has requested the firm of Duane Morris to file a legal action against the State of
California and other entities to recover the redevelopment financing disallowed by the State
that was designated for the projects. Such an arrangement would benefit the City by allowing
it to recover funding necessary to meet its financial obligations and to complete various
redevelopment housing and infrastructure projects.
We believe the law firm of Duane Morris is best able to handle this action and has agreed to
pursue this matter on a flat fee basis. Said representation shall continue for the life of the case
and shall be handled primarily by Stephen Sutro.
1 JHR:Isc
S:\COUNCIL\Admins\12-13 Admins\DuaneMorris.ROPSIIIUt.docx
"6:'4.7'41---
` ' ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: Q, 4.
O: Honorable Mayor and City Council APPROVED
ROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
PATE: February 21, 2012 CITY ATTORNEY
CITY MANAGER /ebJ
UBJECT: Westside Parkway Phase 6C (TRIP) (Wards 4)
1. Reimbursement Agreement with Southern California Gas Company ($80,000)
for cost of a 30 inch casing to be installed within the Renfro Road Bridge for
the Westside Parkway Phase 6C Project. (TRIP) (Ward 4).
2. Appropriate $80,000.00 Other Agency Share funds from Southern California
Gas Company to the Public Works Capital Improvement Budget within the
Capital Outlay Utility/ Roads Fund for work on the Westside Parkway project.
ECOMMENDATION:Staff recommends approval of Agreement and appropriation.
PP 9
ACKGROUND: Southern California Gas Company owns, operates, and maintains a 24 inch
igh pressure pipeline that is in conflict with the Westside Parkway Phase 6C Project. The
ipeline will be relocated from its current underground location to a new location within the
ew Renfro Road overcrossing bridge structure.
his pipeline was originally installed under a franchise agreement giving the City prior rights.
•
urthermore, Southern California Gas Company must pay for this relocation. To expedite the
elocation of pipeline, the City will install the casing within the Renfro Road Bridge as part of
he Westside Parkway Phase 6C Project, and Southern California Gas Company will reimburse
he City for the actual cost.
outhern California Gas Company will repay the City with thirty (30) days after receipt and
pproval, equaling the total costs incurred by the City.
his agreement outlines the responsibilities of both the City and Southern California Gas
ompany and defines the reimbursement parameters.
)-he project construction is scheduled to begin in April 2013.
February 25,2013, 1:34PM
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�- ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: g,
TO: Honorable Mayor and City Council APPROVED
Y Y
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 4, 2013 CITY ATTORNEY,
CITY MANAGER ES-
SUBJECT: Amendment No. 2 to Ground Lease Agreement No. 92-255 (1) with Gina Shields
assigning Hangar Space A 1 to Bobby Baker (Ward 1).
RECOMMENDATION: Staff recommends approval of the Assignment to Ground Lease
Agreement.
BACKGROUND: The ground lease agreement for Hangar Space Al is currently with Gina Shields.
Mrs. Shields desires to assign her interest in the ground lease to Mr. Bobby Baker. The ground lease
agreement allows for this assignment. The $200.00 Processing fee has been paid. The assignment
will transfer all terms of the ground lease to Mr. Bobby Baker including the monthly rent of$40.00.
elp
February 4,2013, 10:37AM
G:\GROUPDAT\ADMINRPT\ADMINFORM.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8.111 .
TO: Honorable Mayor and City Council APPROVED,
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 21, 2012 CITY ATTORNEY "
CITY MANAGER /4
SUBJECT: Amendment No. 4 to Agreement No. 09-058 with Nolte Associates Inc.
($847,331.70; revised not to exceed $9,048,979.83) for Construction Management
(CM) Services for the Westside Parkway Phase 2 Project. (TRIP) (Wards 2, 4 and 5)
RECOMMENDATION: Staff recommends approval of the Amendment.
BACKGROUND: Nolte Associates is currently under contract with the City to provide
construction management (CM) services for the Westside Parkway Phase 2 Project. The
Westside Parkway Phase 2 Project involves the construction of a new six-lane freeway from
Mohawk Street to Allen Road, and new bridges at Coffee Road, Calloway Drive and Jewetta
Avenue.
. The original CM services contract awarded to Nolte Associates for Phase 2 was executed prior
to the construction bids being opened and contracts awarded for this phase of the project.
This action was taken in order to allow Nolte to assist staff with reviewing the construction plans
for potential issues and provide assistance in developing responses to bidder questions
pertaining to construction related items. Their staffing and contract durations were originally
'based on anticipated contractor construction schedules.
As the Phase 2 project has developed, additional scope has been added to the construction
contract (including Change Order No. 21 for $5.9 million for the Tosco Box Culvert, originally •
anticipated to be constructed by the Kern County Water Agency), all of which has been
approved through construction contract change orders submitted to the Council. The
additional scope has resulted in increasing the amount of construction work for the project, as
well as the length of time needed to complete the project. Accordingly, the additional
construction work and time have also affected •the scope and time needed for the
performance of CM services.
When the Westside Parkway Phase 2 Project was bid, the City's intention was to utilize all
available State funding to build the project, as the State.required the return of any unused
funds. In order to utilize all of the State funding, portions of the project construction bid and
contract award were completed prior to the completion of the final design work. As such,
more change orders than would normally be anticipated are expected as the construction
progresses on this project.
February 21,2013,5:20PM
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A MINISTRATIVE REPORT
ortunately, because of the extraordinarily favorable bid climate at the time, the City was
ble to increase the project limits from Coffee Road to Allen Road, which will result in a
ignificant extension of improved roadway. In addition, all of the State funding was
ompletely utilized. In summary, these series of actions have been in the best interests of
ompleting the Phase 2 project,which is a critical component of the TRIP program.
his proposed Amendment provides for Nolte to continue providing CM services through the
ompletion of the project scheduled for the summer of this year.
unding sources for this Amendment are from PG&E surcharge revenue and traffic impact
ees. Sufficient funds have already been budgeted for this Amendment. There is no General
and impact associated with this Amendment.
I
1
•
I
February 21,2013,5:20PM
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k )
ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: $, n,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD A,
DATE: February 21, 2012 CITY ATTORNEY
CITY MANAGER ie.AS
SUBJECT: Amendment No. 2 to Agreement No. 09-028 with Nolte Associates Inc.
($477,948.09; revised not to exceed $7,386,494.03) for Construction Management
(CM) Services for the Westside Parkway Phase 4 Project. (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of the Amendment.
BACKGROUND: The Westside Parkway Phase 4 Project consists of constructing 4 lanes of
freeway between Truxtun Avenue (just west of the Burlington Northern and Santa Fe Railroad
undercrossing) and the Mohawk Street Interchange. The project includes the construction of
two bridge structures over the Kern River (one for eastbound traffic and one for westbound
traffic) and one bridge structure over Truxtun Avenue (for eastbound traffic). Also included in
the project is the widening of Truxtun Avenue to 3 lanes in the eastbound direction from the
Westside Parkway connection east through the Empire Drive intersection.
As the Phase 4 project has developed, additional scope of work has been added to the
construction contract which has been approved through construction contract change
orders submitted to the Council. The additional scope has resulted in increasing the amount
of construction work for the project, as well as the length of time needed to complete the
project. In addition, water in the Kern River delayed.the contractor from being able to begin
construction of the Kern River bridges. Accordingly, the additional construction work and time
have also affected the scope and time needed for the performance of CM services.
This proposed Amendment provides for Nolte to continue providing CM services through the
completion of the project scheduled for the summer of this year.
Funding sources for this Amendment are from PG&E surcharge revenue and traffic impact
fees. Sufficient funds have already been budgeted for this Amendment. There is no General
Fund impact associated with this Amendment.
February 21,2013,5:20PM
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'�- ADMINISTRATIVE REPORT
j11,1,1\`,
///Illllllll
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: 3 .p.
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD MA,
DATE: February 21, 2013 CITY ATTORNEY dk___
CITY MANAGER /C'S
SUBJECT: Amended and Restated Agreement No. 12-118 with Habitat for Humanity, Golden
Empire ($10,000) for the sale of City-owned property located at 1918 Filson Street for
resale as an affordable single-family home. (Ward 1)
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
In 2001, the City through its Single-Family Rehabilitation Program, lent the property owner funds to
bring their home up to health and safety codes. One condition of receiving HUD assistance was
that the unit remains owner-occupied. The original property owner passed away in 2002 leaving
the property to family members. Staff attempted to work with the family to bring the property
into compliance through re-sale or become owner-occupied; however, the family failed to
comply with program requirements. In 2010, the property was in a tax default status that created
a "Power to Sell" by the Kern County Tax Assessor. The City subsequently used Federal HOME
funds to pay the property taxes and foreclosure fees of $8,507 to prevent the sale and protect its
interests. In 2011, the City began foreclosure proceedings, which ended in January 2012 with the
City taking possession of the property.
The property has deferred maintenance and is in need of substantial rehabilitation to bring the
home up to health and safety code standards. Habitat for Humanity has offered to purchase the
property from the City for $10,000. The home will then be rehabilitated under Habitat's sweat
equity homeownership program, at no cost to the City, and resold to a qualified low-income
person or family.
An agreement to sell the property to Habitat for $10,000 was approved in September 2012 by
City Council. Staff recommended this sale due to the substantial rehabilitation costs necessary
to make the property habitable. Inadvertently, the agreement which was approved was an
agreement primarily used for rehabilitating property and not a purchase agreement. No funding
is being requested by Habitat for rehabilitating the project and all costs associated with the
project will be borne by Habitat. The attached amended and restated agreement removes all
language associated with the City assisting in the rehabilitation of the property and sells the
property to Habitat for$10,000.
S:\Dana\ADMINS\2013\MARCH\3-6-Amended And Restated Agreement No. 118 Habitat Purchase.Doc
2/21/2013 9:06 AM
ds
`O,,,covoe*3
ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: g p.
TO: Honorable Mayor and City Council APP OVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 21, 2013 CITY ATTORNEY �1
CITY MANAGER JCs.S
SUBJECT: Contract Change Order No. 4 to Agreement No. 12-099 with Security
Paving Company ($11,034.93; revised not to exceed $1,170,469.62) for the
project known as Pavement Rehabilitation 2012 Phase 2: Panama Lane
from State route 99 to South "H" Street (Ward 7).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for reconstruction of Panama Lane from State Route 99
to South "H" Street.
Contract Change Order No. 4 provides for increases and decreases in contract item
quantities that were necessary in order to construct the project per the plans and
specifications. The total cost of this change order is $11,034.93.
The net cost increase of Contract Change Order 4 is $1 1,034.93. The sum of all change orders
to date on this project reflects a total cost increase of $74,425.29 (which is 6.8% of the original
contract amount) as illustrated below:
• Original Contract Amount = $1,096,044.33
• Amended Contract Agreement after Change Orders = $1,170,469.62
Net Increase to date = $ 74,425.29
Sufficient funds are budgeted to fund these Change Orders. There is no General Fund impact
associated with these Change Orders.
RM(Construction)
February 21,2013, 12:16PM
G:\GROUPDAT\ADMINRPT\2013\03-06\CCO 4 Panama Lane Reconstruction.doc
11111,, �
''.'�'q,"1.. ADMINISTRATIVE REPORT
V'
6TING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. •
■
TO: Honorable Mayor and City Council APPR V D
FR•M: Raul Rojas, Public Works Director DEPARTMENT HEAD
DA E: February 27, 2013 CITY ATTORNEY p�
---4 -e
CITY.MANAGER �w
SUBJECT: Contract Change Order Nos. 10 and 36 to Agreement No. 10-168 with Security
Paving Company, Inc. ($1,236,747.17; for a revised not to exceed amount of
$23,992,259.88; change order funded with traffic impact fees) for the Construction of
the Westside Parkway Phase 4 Project. (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: The Westside Parkway Phase 4 Project consists of constructing four lanes of
freeway between Truxtun Avenue (just west of the Burlington Northern and Santa Fe (BNSF)
Railroad undercrossing) and the Mohawk Street Interchange. The project Includes the
construction of two bridge structures over the Kern River and one bridge structure over Truxtun
Avenue (for eastbound traffic) as well as the construction of a box culvert for the Cross Valley
Ca al (CVC)which is owned and operated by the Kern County Water Agency (KCWA).
Ch nge Order No. 10 provides for modifications to the storm drain systems in the mainline of the
We tside Parkway as well as Truxtun Avenue. These changes were made to correct a deficiency
in t e original plans and connect the deck drains from the bridges to the freeway storm drain
syst, m. Also on Truxtun Avenue, the original inlet grates have been modified to bike-rated grates.
This l change order results in an estimated Increase of $ 21,830.17.
Ch nge Order No. 36 provides compensation to the contractor for settlement of all Notice of
Pot ntial Claims in this project and provides for a determination of the delay in the completion of
the project by granting additional working days. This time represents all time due to the contractor
for II changes and modifications to the original contract identified to date. With this change
ord r, the contractor agrees that there will not be any further adjustments of time other than for
neW and unforeseen items of work or by Inclement weather that prevents the contractor from
working on the controlling critical path item of work.
This change order also includes any and all compensation due to the contractor for all costs
associated with re-sequencing of the work from that contemplated at the time of bid due to all
changes issued by the City and for any an all costs associated with the increase of resources
required by the contractor to complete the project by July 31, 2013.
This change order results in a net increase of $ 1,214,917.00.
Tdw:G:\GROUPDATWDMINRPT\2013\03-06\Admin Rpt CCO's WSP Phase 4 REV.docx
1 RI
Ta„, 4�ll. ADMINISTRATIVE REPORT
Sta recommends approval of Contract Change Order No. 10 and 36. Adequate funds have
alr ady been budgeted to pay for this change order. Change orders to date, including this
pr posed change order, total $1,825,103.43. This is a 5.5% increase over the original contract
am unt as illustrated below:
• Original Contract Amount = $ 22,167,156.45
• Previous Change Orders = $ 588,356.26
• Current Change Order No. 10 and 36 = $ 1,236,747.17
• Amended Contract Agreement after Change Order = $ 23,992,259.88
Net Increase to date = $ 1,825,103.43
1
Tdw,G:\GROUPDAT\ADMINRPT12013\03-06\Admin Rpt CCO's WSP Phase 4 REV.docx
1
ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. r.
TO: Honorable Mayor and City Council APP OVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 21, 2013 CITY ATTORNEY .4
CITY MANAGER ES
SUBJECT: Contract Change Order No. 15 to Agreement No. 12-069 with S.C. Anderson
Inc. ($18,448.00; revised not to exceed $3,648,720.66) for the State Farm Sports
Village- Phase 2 Project (Ward 6).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for construction of four soccer fields, four football fields,
restroom, parking lot, a portion of McKee Road, landscaping, irrigation system, walkways and all
infrastructure for Phase 2 of the planned State Farm Sports Village.
During the construction of McKee Road, six sewer manholes and two sewer cleanouts were
discovered. These facilities, which were buried below the existing dirt grade, will need to be
raised to the new roadway grade so that access will be available for sewer maintenance crews.
The contractor has agreed to accept a lump sum of $18,448 to raise these sewer manholes and
cleanouts to the new roadway elevation.
The cost increase of Contract Change Order No. 15 is $18,448. The sum of all change orders to
date on this project reflects a total cost increase of $45,690.66 (which is 1.3% of the original
contract amount) as illustrated below:
• Original Contract Amount = $3,603,000.00
• Amended Contract Agreement after Change Orders = $3,648,720.66
Net Increase to date = $ 45,690.66
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM(Construction)
February 21,2013, 12:19PM
G:\GROUPDATWDMINRPT\2013\03-06\CCO 15 State Farm Sports Village Phase 2 revised.doc
V °;,�,,,.
;j ADMINISTRATIVE REPORT
.,,
MEETING DATE: March 6, 2013 AGENDA SECTION: CONSENT CALENDAR
ITEM: g. g,
TO: Honorable Mayor and City Council APPROVED,
FROM: Nelson K.Smith, Finance Director DEPARTMENT HEAD
DATE: February 21, 2013 CITY ATTORNEY Q,
CITY MANAGER /�
SUBJECT: Accept bid from Golden State Peterbilt, Bakersfield, in the amount of $619,687.03
for two (2) replacement front loading refuse trucks for the Public Works
Department, Solid Waste Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: This item was originally presented to Council on February 13, 2013.
Councilmember Maxwell requested the item be deferred to the next meeting and that staff
provides information regarding the depreciation and replacement criteria for refuse trucks,
specifically those currently scheduled for replacement. A memorandum from Public Works to
the City Manager in response to Councilmember Maxwell's request is attached.
Staff recommends award of this item based on staff's memorandum and details of the bid
process as defined below.
Invitations to bid were solicited from bidders for heavy equipment. One bid in the amount of
$619,687.03 was received from Golden State Peterbilt.
Staff contacted a local truck supplier regarding their lack of response to the solicitation and
found they were temporarily unable to bid due to a contractual circumstance with their
chassis' supplier. They will be able to participate in future bid solicitations for this type of
equipment.
The bid from Golden State Peterbilt is within the amount budgeted and is considered
acceptable by staff. Funds are available in the Equipment Replacement Fund for the
purchase of two (2) replacement front loading refuse trucks to be used by the Solid Waste
Division.
Purchasing Division/Kb
S:\PURCH\ADMIN\Admin 12-13\Front Loading Four Axle Refuse Truck, 12-13-52,March 6,2013.doc
February 22,2013
1i11p0
ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM:g.4-,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ./t/
DATE: February 21, 2013 CITY ATTORNEY pe,
CITY MANAGER g3
SUBJECT: Accept bid from EDX Information Systems in the amount of $70,560.88 for seventy
(70) replacement Lenovo desktop computers for the Information Technology
Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were solicited for Lenovo desktop computers. Five (5) bids
were received in response to the solicitation. The low bid received from EDX Information
Systems is considered acceptable by staff.
The computers to be replaced are over 5 years old. As the computers reach their end of
lifecycle, they start to develop issues with several internal parts and many times are unable to
handle the workload. Many of the programs used by the City have been upgraded to newer
versions which require more resources than the older computers can provide. Staff considers
availability of replacement parts and age of the equipment to determine recommendation
for replacement.
Funds are budgeted in the Equipment Replacement Fund for the purchase of seventy (70)
Lenovo desktop computers.
The five (5) bids received are as follows:
Eon AMOUNT
EDX Information Systems, Fremont, CA $70,560.88
Y & S Technologies, Brooklyn, NY $72,745.75
Cyber Computers, Inc., Irvine, CA $73,272.50
En Pointe Technologies Sales, Inc., Gardena, CA $77,021.46
Micro Trends, Pasadena, CA $77,411.25
Purchasing Division/kb
S:\PURCHWDMINWdmin 12-13\Lenovo Thinkcentre M92Z Computers, 12-13-55,March 6,2013.docx
\\`1,,X11111111111'//,+,�'�
! -7. '4" :: ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. LA.
TO: Honorable Mayor and City Council APPROVED.
FROM: Nelson K.Smith, Finance Director DEPARTMENT HEAD A/S
PATE: February 15, 2013 CITY ATTORNEY
CITY MANAGER D�6
SUBJECT: Accept bid and approve contract to San Joaquin Fence & Supply (not to
exceed amount of $477,844.15) for the annual contract for installed fencing.
(Citywide)
,
ECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
ACKGROUND: Invitations to Bid were solicited for the Annual Contract for installed fencing for
the use by the Recreation and Parks Department, Water Resources Department and Public
Works Department, Streets and Solid Waste Divisions. The bids solicited were based on a list of
fencing installation descriptions 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.
Three (3) bids were received in response to solicitation.
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 listed below.
BID) 1 AMOUNT
San Joaquin Fence $ 477,844.15
Bakersfield, CA
C & H Fence & Patio $ 838,914.50
Delano, CA
Fenceworks $3,004,302.75
Bakersfield, CA
Funding for this work will be from a variety of sources including General Fund, Refuse, Water,
Park Improvement and Capital Outlay. These funding sources are considered local; therefore,
pursuant to Council Resolution #122-12 this contract is exempt from the prevailing wage
requirement.
Staff finds the lowest overall bid submitted by San Joaquin Fence & Supply, Bakersfield, to be
acceptable and recommends approval of the contract in the amount of $477,844.15.
Purchasing Division/kb
SAPURCHWDMINWdmin 12-131AC for Installed Fencing, 12-13-56,March 6,2013.docx
February 20,2013,9:49AM
I
,y�11,11..x!,,,/�/,ii
d����„, .T,t
ADMINISTRATIVE REPORT
k
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: i N.
TO: Honorable Mayor and City Council APR VED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 21, 2013 CITY ATTORNEY A°`
CITY MANAGER P5.5
SUBJECT: Accept bid and approve contract to Flatiron Electric Group, Inc. ($108,880.00) for
Street Light Improvement Tract 2548 (Ward 7).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: There are several residential streets and intersections within Tract 2548 that do
not have street lights. This area was annexed into the City in 1981. This project will install street
lights on El Rio Drive, Mesa Verde Drive, Starmount Lane and Jamaica Way. Street lighting in this
area will improve safe driving conditions at night. The project will install liquid emitting diode
(LED) lights, which are energy efficient lights.
The Engineer's Estimate for this construction contract was $125,000. This project is funded entirely
with Capital Outlay Funds. Since those are local funds, the provisions of Resolution No. 122-12
apply to the project. The Contractor is exempt from paying prevailing wage rates.
On February 19, 2013, a total of four bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Flatiron Electric Group, Inc.
7911-A Pine Avenue
Chino, CA 91708 in the amount of $108,880.00
Siemens Industry, Inc.
1266 N La Loma Circle
Anaheim, CA 92806 in the amount of $129,925.00
Taff Electric Company
1694 Eastman Avenue
Ventura, CA 93003 in the amount of $153,033.70
High Desert Contractors Inc.
42353 8th Street East
Lancaster, CA 93535 in the amount of $178,647.55
PW/Design Engineering/kb/T1K230
2/21/2013 2:39 PM
G:\GROUPDATUIDMINRPT\2013\03-06\T1 K230 Street Light Improvements TR2548 AdminReport.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 - AGENDA SECTION: Consent Calendar
ITEM: g. uj
TO: Honorable Mayor and City Council AP ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 20, 2013 CITY ATTORNEY
CITY MANAGER fJ
SUBJECT: Highway Safety Improvement Program Grant - Pedestrian Countdown Timers (All
Wards):
1 . Accept bid and approve contract to Siemens, Inc. ($41 ,040.00) for construction
of project.
2. Appropriate $43,200 Federal Congestion Management Air Quality grant and
$4,800 Gas Tax Fund balance to the Public Works Department's Capital
Improvement Budget within respectively the SAFETEA-LU Fund and the Gas Tax
Fund.
RECOMMENDATION: Staff recommends approval of contract and approval of appropriations.
BACKGROUND: The City of Bakersfield successfully applied for a Highway Safety Improvement
Program (HSIP) grant to install pedestrian countdown timers at 21 different locations throughout
the city. These timers will be installed at signalized intersections with high pedestrian volumes
near shopping centers and schools. The new pedestrian countdown timers will replace the
existing "walk/don't walk" signal heads with a countdown timer allowing pedestrians to better
judge if they have enough time to safely cross the street.
Funding sources for this project include both the grant and gas tax revenues, which will fund the
10% local match requirement. Additional appropriations beyond the base bid amount are
required for potential change orders, in-house construction inspection services, and
miscellaneous costs. There is no General Fund impact with this project.
On August 30, 2012, a total of three bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Siemens, Inc.
371 Bel Marin Blvd #200
Novato, CA 94949 in the amount of $41,040.00
A-C Electric Co.
315 30th Street
Bakersfield, CA 93301 (City) in the amount of $60,660.00
PTM General Engineering
P.O. Box 7745
Riverside, CA 925813 in the amount of $79,940.00
JU/February 21,2013, 12:58PM
G:\GROUPDAT\ADMINRPT\2013\03-06\Admin_HSIP Ped Countdown.doc
0 O,AosroeA s'-,
gP)PP1 ADMINISTRATIVE REPORT
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: g . X.
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD D L /
DATE: February 21, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Mesa Marin Sports Complex-Scoreboards (ward 3):
1 . Resolution determining that electronic scoreboards for the Mesa Marin Sports
Complex cannot be reasonably obtained through the usual bidding procedures
and authorizing the Finance Director to dispense with bidding thereof to
purchase four (4) electronic scoreboards from Daktronics, Inc. not to exceed
$14,789.
2. Accept bid and award contract to City Neon Sign Systems ($27,080) for the
installation of the scoreboards.
3. Appropriate $25,500 Park Improvement Fund balance to the Recreation and
Parks Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends adoption of Resolution, acceptance and award of
contract, and approval of appropriation.
BACKGROUND: The Mesa Marin Sports Complex has been operating since June 2011. The
purchase and installation of electronic scoreboards for each of the four (4) softball fields will
provide the amenity needed that is currently missing to attract regional and national level events
to the facility.
The electronic scoreboards will be purchased from Daktronics, Inc. who was designated in the
approved construction specifications and the design placement and other infrastructure
improvements of the Mesa Marin Sports Complex.
On January 25, 213, three bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
City Neon Sign Systems
4020 Rosedale Hwy
Bakersfield, CA 93308 Bid Amount of $27,080
February 22,2013,8:51AM:jn
C:\Users\sforsyth\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\NKSE91CG\Mesa Marin
Scoreboards.docx
A MINISTRATIVE REPORT
II
Sports Facilities Group, Inc.
P.O. Box 7024
Riverside, CA 92503 Bid Amount of $37,200
Custom Signs, Inc.
962 W. Foothill Blvd.
Azusa, CA 91702 Bid Amount of $41,550
Currently, $19,369 is appropriated for this project which is sufficient for the purchase of the
scoreboards. Staff recommends appropriating an additional $25,500 from available Park
Improvement Fund balance (development fees, zone 3) into the Recreation and Parks
Department's Capital Improvement Budget for the installation of the scoreboards and potential
change orders. There is no General Fund impact associated with this appropriation.
II
I'I
February 22,2013,8:51AM:jn
C:\Users\sforsyth\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\NKSE91CG\Mesa Marin
Scoreboards.docx
ADMINISTRATIVE M
INISTRATIVE REPORT
ottistiliriflaw
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c°L1 u,�„nond` `
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: $ . y.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 22, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $1,600,000 Anthem Blue Cross medical premium surplus funds to the
non-departmental budget within the General Fund to provide for additional
deposits into the Retiree Medical Irrevocable Trust Fund. (All Wards).
RECOMMENDATION: Personnel Committee recommends approval of the a
R PP appropriation.
p
BACKGROUND:
The City of Bakersfield received an annual accounting of funds from Anthem Blue Cross
regarding funding status of the Blue Cross PPO plan as of December 31, 2011 . Due to
favorable active employee claim experience over the past year the Anthem Blue Cross Rate
Stabilization Fund balance has exceeded required reserves by $1.6 million.
This information was brought to the attention of the Insurance Committee, which is made up
l of City staff and representatives from each employee bargaining unit. City staff proposed to
the Insurance Committee that the full $1 .6 million be deposited into the Other Post
Employment Benefit (OPEB) Irrevocable Trust account, which was established a few years ago
'to set aside funds for future retiree medical subsidy obligations of the City. The Insurance
1 Committee agreed with staffs' recommendation.
The Personnel Committee reviewed the Insurance report and the associated
recommendation from the Insurance Committee. The committee members supported the
recommendation and approved a motion to recommend this action for approval by the full
City Council. The City Council approved the recommendation at its October 17, 2012
meeting.
Approval of this budgetary action will allow the City to deposit these additional funds into the
Trust and reduce the City's unfunded liability balance associated with the Retiree Medical
I subsidy program.
nks
S:\Admin\Admin Reports\anthem blue cross surplus approp march 2013.docx
February 22, 2013, 12:06PM
III 1111111111111/////`//�/
' ADMINISTRATIVE REPORT
N.
: .; i;,�;, 111"°
II
MEETING DATE: March 6, 2013 AGENDA SECTION: Consent Calendar
ITEM: $. 2 .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /✓
DATE: February 21, 2013 CITY ATTORNEY issv
II
CITY MANAGER /I
r
SUBJECT: Transfer and Appropriate $100,000 Transportation Development Fund Balance to the
Finance Department Operating Budget within the TRIP Local Match Fund to authorize
payment of a TIFIA Loan Application Fee related to potential road financing. (TRIP).
, f
RECOMMENDATION: Staff recommends approval of the transfer and appropriation.
BACKGROUND:
At the February 13, 2013 City Council meeting staff provided a workshop regarding a draft financial
plan for the short and long term financing needs of the Thomas Road Improvement Program (TRIP)
projects. Part of that plan included the intention of applying for a Transportation Infrastructure Finance
and Innovation Act (TIFIA) federal loan authorized in the most recent federal road legislation passed by
Congress in July 2012.
The first step in the TIFIA loan application process is to transmit a Letter of Interest, which describes
the projects we wish to finance in great detail. The letter also provides an outline our overall financial
plan and describes how the TIFIA loan would fit into that plan. This is an electronic submittal process
which uses DOT approved formatted forms. This document was transmitted to the DOT on February
22, 2013 to formally express our interest in the loan program.
The next step in the process is for the Department of Transportation (DOT) to conduct an independent
financial review of the projects and our proposed financial plan; as well as to independently conduct an
overall credit rating review and evaluation of the City of Bakersfield and the pledged revenue streams.
This step will require the City to deposit $100,000 with the DOT to cover their estimated costs in
conducting their independent financial review in determining our "credit worthiness and overall
eligibility"for the program.
After this process is completed the DOT will be in a position to determine whether or not we have met
all of the eligibility criteria for the program, whereby we will be "permitted" to officially submit a formal
application for the loan. There will be additional fees incurred when the loan is officially authorized.
The request before you today is to authorize the appropriation of the initial $100,000 payment so the
DOT can begin conducting their evaluation of our proposal.
February 21,2013,3:54PM
S:AdminWdmin Reports1Admin-tifia loan fee appropriation march 2013.doc
\1,1,1�I11111IfflUlfl„i N
"•��»��-, ADMINISTRATIVE REPORT
METING DATE: March 6, 2013 AGENDA SECTION: Successor Agency
ITEM: 8 . Qa ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD . t/`�J
DATE: February 20, 2013 CITY ATTORNEY (Z
CITY MANAGER AS
SUBJECT: Receive and file successor agency payments from February 1, 2013 to
February 20, 2013 in the amount of $253.72
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
II
II
S:\Kim G\ADMIN—SA\COUNCIL-ADMIN-SA-2013\ADMlN—SA 03-06-13.doc 1
� = BAKERSFIELD CITY COUNCIL
")))lJl1m MINUTES
0ti� MEETING OF FEBRUARY 13, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING-3:30 p.m. ACTION TAKEN
1. ROLL CALL
Present: Vice-Mayor Weir, Councilmembers
Maxwell, Smith, Hanson, Sullivan, Johnson
Absent: Mayor Hall
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
Items 3.a. and 3.b. were corrected to read:
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (d)(2)(e)(1) of Government Code
Section 54956.9. (two matters).
b. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (d)(1) of Government Code Section
54956.9 regarding Reynaldo Canales v. City,
et al, USDC, Eastern District Case
No. 1:12-CV-00262-A W I-J LT.
Motion by Councilmember Hanson to adjourn to APPROVED
Closed Session at 3:33 p.m.
Motion by Councilmember Maxwell to adjourn from APPROVED
Closed Session at 5:25 p.m.
4. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Potential STAFF WAS GIVEN
Litigation; Closed Session pursuant to DIRECTION ON FIRST
MA
subdivision (d)(2)(e)(1) of Government Code
REPORTABLE ABBLL
E ACTION
Section 54956.9. (two matters). ON THE SECOND
MATTER
�,I
Bakersfield, California, February 13, 2013- Page 2
4. CLOSED SESSION ACTION continued ACTION TAKEN
b. Conference with Legal Counsel - Existing CITY ATTORNEY WAS
Litigation; Closed Session pursuant to GIVEN DIRECTION
subdivision (d)(1) of Government Code Section
54956.9 regarding Reynaldo Canales v. City,
et al, USDC, Eastern District Case
No. 1:12-C V-00262-A W I-J LT.
5. ADJOURNMENT
Vice-Mayor Weir adjourned the meeting at 5:29 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
REGULAR MEETING-5:29 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None.
2. INVOCATION by Minister Cathy Shelton, Cornerstone
Church.
3. PLEDGE OF ALLEGIANCE by Mia Vargas, kindergarten
student at Panama Elementary School.
Ma or Hall acknowledged the students from the Bakersfield
Col ege political science class in attendance at the meeting
to I am about City government; and Boy Scout Troop 11 in
attendance as part of their community citizens merit badge.
Bakersfield, California, February 13, 2013— Page 3
4. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of a Proclamation to
Caroline Kim, Ford Dimension, declaring
February 17-23, 2013, as Celebrating Autism
Through Art Week.
Ms. Kim accepted the Proclamation and made
comments.
Conner Kingsbury extended an invitation to
the culmination event on February 23rd.
b. Presentation by Mayor Hall of a Proclamation to
Heidi Carter-Escudero, declaring February 2013,
as Safely Surrendered Baby Awareness Month.
Ms. Carter-Escudero accepted the
Proclamation and made comments.
Councilmember Johnson thanked the Safe
Surrender Committee and all the partners for
their hard work.
5. PUBLIC STATEMENTS
a. Marvin Dean spoke regarding various agenda
items and indicated they all have a common
thread, which is local jobs and contracts.
b. Michaeljoe Goldstein, CEO of MGE
Underground, spoke regarding the contract for
the Westside Parkway Phase 6A.
c. The following individuals spoke in opposition to
Alignment B through the Westpark
neighborhood: Tim Stonelake, on behalf of the
Westpark Homeowners Association; and Robert
Braley (submitted written material).
d. The following individuals spoke in support of a
Human Life Ordinance: George Moreno, Sr.;
Terri Palmquist; and Tim Palmquist (submitted
written material).
Bakersfield, California, February 13, 2013- Page 4
6. WORKSHOPS ACTION TAKEN
a. TRIP Financing and TIFIA Loan Workshop.
City Manager Tandy made staff comments.
Finance Director Smith made staff comments
and provided a PowerPoint presentation.
7. APPOINTMENTS
a. One appointment to the Keep Bakersfield
Beautiful Committee, due to the resignation of
Alternate Member Dorothy Vokolek (Ward 4),
whose term expires November, 2014.
City Clerk Gafford announced that four
applications were received for this position.
Motion by Councilmember Smith to appoint APPROVED
Brooks Douglass as the Ward 4 Alternate
member, on the Keep Bakersfield Beautiful
Committee, which term will expire in
November, 2014.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 23, 2013
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
January 11, 2013 to January 31, 2013 in the
amount of $16,053,959.90 and self-insurance
payments from January 11, 2013 to January 31,
2013 in the amount of $444,934.06 totaling
$16,498,893.96.
Ordinances:
c. Adoption Ordinance adopting a Negative REMOVED FOR
Declaration and amending the Official Zoning SEPARATE
Map in Title 17 of the Municipal Code by CONSIDERATION
changing the zone district from P.C. D.
(Planned Commercial Development) to C-C
(Commercial Center) on 1 .47 acres located on
the west side of Baker Street between Lake and
Kentucky streets (ZC #12-0416-The Kern
County Housing Authority in partnership with the
City. (FR 01/23/13)
II
Bakersfield, California, February 13, 2013— Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
d. Resolution confirming approval by the City RES 008-13
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City for
which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and authorizing
collection of the assessments by the Kern
County Tax Collector.
e. Approval of the issuance of tax-exempt
revenue bonds by the Housing Authority of the
County of Kern:
1 . Resolution approving the issuance by RES 009-13
the Housing Authority of the County ABS JOHNSON
of Kern of rental housing bonds (not
to exceed $15 million) for the
purchase and rehabilitation of
approximately 160 units of multi-
family rental housing at 7000 Auburn
Street.
2. Indemnification agreement between AGR 13-010
the City and the Housing Authority of ABS JOHNSON
the County of Kern.
f. Wet Play Equipment for Siemon Park: REMOVED FOR
1 . Resolution dispensing with the formal SEPARATE
bidding procedures in the purchase CONSIDERATION
of wet play equipment from Vortex
Aquatic Structures International, Inc.,
for installation, not to exceed
$150,000.
2. Appropriate $150,000 Park
Development Fund balance (Central
Zone 2) to the Public Works
Department's Capital Improvement
budget to fund purchase.
Bakersfield, California, February 13, 2013 — Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
g. Resolutions adding the following territories 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:
1 . Area 1-92 (4621 Burr Street) RES 011-13
2. Area 4-109 (2830 Eye Street) RES 012-13
3. Area 4-1 10 (1228 K Street) RES 013-13
4. Area 4-111 (230 Golden State RES 014-13
Avenue)
5. Area 5-66 (1400 So. Mt. Vernon RES 015-13
Avenue) RES 016-13
6. Area 5-67 (1800 White Lane)
h. Sewer connection and construction fees
assessments for 108 N. McDonald Way:
1. Resolution confirming assessments for RES 017-13
sewer connection and construction
fees and authorizing the collection of
assessments by the Kern County Tax
Collector.
2. Agreement with Frank K. McDowell II AGR 13-011
Trust to pay sewer connection and
construction fees in installments
through the Kern County Tax
Collector.
Agreements:
Agreement with Clifford and Brown (not to AGR 13-012
exceed $75,000) for legal services in
connection with the acquisition of an
easement for a sewer pipeline, which will
become part of the City's public utility sewer
system.
j. Agreement with Wilson and Associates (not to AGR 13-013
exceed $46,800), to provide continuing
disclosure services for various Special
Assessment Districts.
III
Bakersfield, California, February 13, 2013 — Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
k. Settlement Agreement with Bolthouse Farms AGR 13-014
($800,000) for collection and treatment of large
unreported sewer discharges.
I. Kern River Weather Modification Program for
the 2012/2013 season:
1 . Reimbursement Agreement with AGR 13-015
North Kern Water Storage District (not
to exceed $53,253) for City's pro-rata
share of costs to participate in the
Program.
2. Indemnification Agreement with RHS AGR 13-016
Consulting, LTD, which indemnifies
the City against actual weather
modification (cloud seeding) work
performed under the Program.
m. Agreement with Manbar Singh and Taran Singh, AGR 13-017
Trustees of the Singh Family Trust ($7,000), to DEED 7589
purchase property at 6640 Wible Road for the
Wible Road Widening Project.
n. Amendment No. 2 to Agreement No. 11-067 AGR 11-067(2)
with Spence Spraying Service allowing a name
change only to Allied Weed Control, Inc., for
the continuance of the annual contract for
chemical application.
o. Amendment No. 3 to Agreement No. 99-329 AGR 99-329(3)
with Kern Refuse Disposal, Inc. (KRD), and
Metropolitan Recycling, LLC (MRC), for
assignment and assumption of lease of
property within the Mt. Vernon Recycling
Facility and termination of sublease between
KRD and MRC.
p. Amendment No. 1 to Agreement No. F12-006 AGR 13-018
with Gould Auction & Appraisal Company
($60,000; revised not to exceed $100,000 and
extend term one year), to continue the annual
contract for auctioneer services.
Bakersfield, California, February 13, 2013— Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
q. Amendment No. 1 to Agreement No. 12-100 REMOVED FOR
with Chelsea Investment Corporation to use SEPARATE
$1,200,000 in housing or HOME Investment CONSIDERATION
Partnership (HOME) funds and $830,232 from
Neighborhood Stabilization Program (NSP) Ill
funds as a Predevelopment Loan for the
development and construction of the Mill
Creek Courtyard Senior Residences located at
1303 S Street.
r. Amendment No. 1 to Agreements with the
following property owners to pay sewer
connection and construction fees in
installments through the Kern County Tax
Collector:
1 . Agreement No. 12-025 - John S. & AGR 12-025(1)
Elaine M. Thompson, 7904 Hooper
Ave. AGR 12-027(1)
2. Agreement No. 12-027 -Timothy &
Rhonda L. Roshau, 7908 Hooper Ave.
3. Agreement No. 12-030 - Charles H. & AGR 12-030(1)
Donna J. Braughton, 8001 Hooper
Ave.
Bids:
s. Accept bid from Golden State Peterbilt REMOVED FOR
($619,687.03), for two replacement front SEPARATE
loading refuse trucks for the Public Works CONSIDERATION
Department, Solid Waste Division.
t. Accept bids from McCain, Inc. ($60,189.52),
and DDL Traffic, Inc. ($2,531 .63), for traffic signal
equipment. Total bid amount is $62,721 .15.
u. Accept bid and approve contract with Pacific AGR 13-019
Coast Excavation, Inc. ($170,309), for the Storm
Drain Improvements within existing Tract 5084
(Las Entradas, Calle Alisos and Calle Elegante).
Bakersfield, California, February 13, 2013 — Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
v. Mohawk Street Improvements from Rosedale
Highway to Siena Lane:
1 . Approve Design Consultant AGR 13-020
Agreement with Ruettgers & Schuler
($236,100) to provide final
engineering design services.
2. Appropriate $194,000 Transportation
Development fund balance to the
Public Works Department's Capital
Improvement Budget for funding of
consultant agreement.
Miscellaneous:
w. Revised job specifications for Fire Captain -
#67180 and Fire Engineer- #32150.
x. Department of Housing & Urban Development REMOVED FOR
(HUD) Fiscal Year 10/11 Action Plan SEPARATE
Amendment No. 9 and Fiscal Year 12/13 Action CONSIDERATION
Plan Amendment No. 3.
Successor Agency Business:
y. Receive and file successor agency payments
from January 11, 2013 to January 31, 2013 in the
amount of $388,151.83.
Councilmember Johnson announced he would
abstain, due to source of income, on items 8.c. and
8.e.
Councilmember Johnson requested that items 8.q.
and 8.x. be removed for separate consideration.
Councilmember Maxwell requested that items 8.c.
and 8.s. be removed for separate consideration.
Vice-Mayor Weir requested that item 8.f. be removed
for separate consideration.
Motion by Vice-Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.y., with the removal of
items 8.c., 8.f., 8.q., 8.s., and 8.x. for separate
consideration.
II'
Bakersfield, California, February 13, 2013- Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
c. Adoption Ordinance adopting a Negative ORD 4718
Declaration and amending the Official Zoning
Map in Title 17 of the Municipal Code by
changing the zone district from P.C. D.
(Planned Commercial Development) to C-C
(Commercial Center) on 1.47 acres located on
the west side of Baker Street between Lake and
Kentucky streets (ZC #12-0416-The Kern
County Housing Authority in partnership with the
City. (FR 01/23/13)
Councilmember Maxwell stated that he would like to
clarify his position regarding this item, and that he is
philosophically not in favor of this type of spending
because he believes it is not really the foundation of
governmental responsibility, and he would feel better
if the community was coming together and building
this project.
Motion by Councilmember Maxwell to adopt Consent APPROVED
ABS JOHNSON
Calendar Item 8.c.
f. Wet Play Equipment for Siemon Park:
1 . Resolution dispensing with the formal RES 010-13
bidding procedures in the purchase
of wet play equipment from Vortex
Aquatic Structures International, Inc.,
for installation, not to exceed
$150,000.
2. Appropriate $150,000 Park
Development Fund balance (Central
Zone 2) to the Public Works
Department's Capital Improvement
budget to fund purchase.
Vice-Mayor Weir advised he wanted to publicly
acknowledge Public Works and Parks for expediting
this process.
Motion by Vice-Mayor Weir to adopt Consent APPROVED
Calendar Item 8.f.
Bakersfield, California, February 13, 2013- Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
q. Amendment No. 1 to Agreement No. 12-100 AGR 12-100(1)
with Chelsea Investment Corporation to use
$1,200,000 in housing or HOME Investment
Partnership (HOME) funds and $830,232 from
Neighborhood Stabilization Program (NSP) Ill
funds as a Predevelopment Loan for the
development and construction of the Mill
Creek Courtyard Senior Residences located at
1303 S Street.
Motion by Vice-Mayor Weir to adopt Consent APPROVED
Calendar Item 8.q. NOES JOHNSON
s. Accept bid from Golden State Peterbilt
($619,687.03), for two replacement front
loading refuse trucks for the Public Works
Department, Solid Waste Division.
Motion by Councilmember Maxwell to defer Consent APPROVED
Calendar Item 8.s. to the next City Council meeting in
order to allow time to look into how the City is
depreciating its vehicles and also to take a look at
exactly what is being replaced.
x. Department of Housing & Urban Development
(HUD) Fiscal Year 10/11 Action Plan
Amendment No. 9 and Fiscal Year 12/13 Action
Plan Amendment No. 3.
Motion by Vice-Mayor Weir to adopt Consent APPROVED
Calendar Item 8.x. NOES JOHNSON
9. CONSENT CALENDAR PUBLIC HEARINGS
a. General Plan Amendment/Zone Change REMOVED FOR
No. 12-0264; Scott Underhill, representing Bruce SEPARATE
and Melanie Lynn, (property owners) has CONSIDERATION
applied for a general plan amendment and SEE PAGES 16-18
zone change on 48,780 square feet generally
located 150 feet south of the southwest corner
of Oswell Street and Bernard Street. (Staff
recommends adoption of Resolution and first
reading of the Ordinance.)
Iii
Bakersfield, California, February 13, 2013- Page 12
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Item 9.a. continued
1. Resolution adopting the Negative
Declaration and approving the general
plan amendment changing the land use
designation from OC (Office
Commercial) to GC (General
Commercial).
2. First Reading of Ordinance adopting a
Negative Declaration and amending
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district from C-O (Professional and
Administrative Office) to C-1
(Neighborhood Commercial).
b. General Plan Amendment/Zone Change
No. 12-0286; Advanced Geomatics
Engineering, representing Rajvir Singh Gill et al,
(property owners) has applied for a general
plan amendment and zone change on
approximately one acre located along the
west side of South Union Avenue,
approximately 400 feet north of Panama Lane.
(Staff recommends adoption of Resolution and first
reading of the Ordinance.)
RES 019-13
1 . Resolution adopting the Negative
Declaration and approving the general
plan amendment changing the land use
designation from LR (Low Density
Residential) to HMR (High Medium
Density Residential).
2. First Reading of Ordinance adopting a FR
Negative Declaration and amending
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district from R-1 (One Family Dwelling) to
R-2/PUD (Limited Multiple Family/Planned
Unit Development).
Bakersfield, California, February 13, 2013— Page 13
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
c. General Plan Amendment No. 12-0349; REMOVED FOR
McIntosh & Associates, representing Black Ops SEPARATE
Real Estate, LLC (property owners), has applied CONSIDERATION
SEE PAGES 16-18
for a general plan amendment on 27.36 acres
and a zone change on 56.19 acres located
south of Panama Lane, approximately 700 feet
west of Stine Road on the west side of Farmers
Canal. (Staff recommends adoption of Resolution
and first reading of the Ordinance.)
1 . Resolution adopting the Negative
Declaration and approving the
general plan amendment changing
the land use designation from LR
(Low Density Residential) to HMR
(High Medium Density Residential) on
27.36 acres.
2. First Reading of Ordinance adopting
a Negative Declaration and
amending the Official Zoning Map in
Title 17 of the Municipal Code by
changing the zone district from R-1
(One Family Dwelling) to R-2 (Limited
Multiple Family Dwelling) on 56.19
acres.
d. General Plan Amendment/Zone Change
No. 12-0355; Marino/Associates, representing
Kerfoot Family Trust, (property owners) has
applied for a general plan amendment and
zone change on 14.14 acres located along the
south side of Taft Highway, approximately '/4
mile west of Stine Road. (Staff recommends
adoption of Resolution and first reading of the
Ordinance.)
1. Resolution adopting the Negative RES 021-13
Declaration and approving the general
plan amendment changing the land use
designation from LR (Low Density
Residential) to GC (General
Commercial).
II
Bakersfield, California, February 13, 2013- Page 14
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Item 9.d. continued
2. First Reading of Ordinance adopting a FR
Negative Declaration and amending
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district from R-1 (One Family Dwelling) to
C-2/PCD (Regional
Commercial/Planned Commercial
Development).
e. General Plan Amendment/Zone Change
No. 12-0373; McIntosh & Associates,
representing Buckey Family L.P. (property
owners), proposes a general plan
amendment and zone change on 27.56 acres
at the southeast corner of Snow Road and
Quail Creek Road. (Staff recommends adoption of
Resolution and first reading of the Ordinance.)
1 . Resolution adopting a Negative RES 022-13
Declaration and approving the general
plan amendment changing the land use
designation from R-IA (Resource-
Intensive Agriculture) to SR (Suburban
Residential).
2. First Reading of Ordinance adopting a FR
Negative Declaration and amending
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district from A (Agriculture) to E (Estate).
Consent Calendar Public Hearings Items 9.a. through
9.e. opened at 6:50 p.m.
Consent Calendar Public Hearings Items 9.a. and 9.c.
were removed for separate consideration.
Consent Calendar Public Hearings Items 9.b., d., and
e. closed at 6:51 p.m.
Motion by Vice-Mayor Weir to adopt Consent APPROVED
Calendar Public Hearings Items 9.b., d., and e.
Bakersfield, California, February 13, 2013 - Page 15
10. HEARINGS ACTION TAKEN
a. General Plan Amendment/Zone Change
No. 12-0372; McIntosh & Associates,
representing Black Ops Real Estate, LLC
(property owners), has applied for a general
plan amendment and zone change on
20.41 acres located on the north side of
Rosedale Highway, 660 feet west of Allen Road.
1 . Resolution adopting the Negative RES 023-13
Declaration, denying the appeals and
approving the general plan amendment
changing the land use designation from
SR (Suburban Residential), LR (Low
Density Residential) and LMR (Low
Medium Density Residential) to HMR
(High Medium Density Residential).
2. First Reading of Ordinance adopting a FR
Negative Declaration, denying the
appeals and amending the Official
Zoning Map in Title 17 of the Municipal
Code by changing the zone district from
E (Estate) and R-1-CH (One Family
Dwelling with Church Overlay) to
R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development).
Councilmember Smith announced he would
abstain, due to a conflict of interest, having
interest in real property nearby, on Hearing Item
10.a., and he left the Council Chamber.
Community Services Director Mclsaac made
staff comments, provided a PowerPoint
presentation, announced that a staff
memorandum was received with four letters
(David Brown, Carol Bender, and Jonathan
Geersen, including a petition that was signed
by a considerable number of the homeowners
and residents in the surrounding area) and a
staff memorandum was received from the
Public Works Director recommending building
a block wall to block off Phairfield Street; and
recommended adoption of the Resolution and
first reading of the Ordinance.
Hearing Item 10.a. opened at 6:58 p.m.
Bakersfield, California, February 13, 2013 - Page 16
10. HEARINGS continued ACTION TAKEN
Item 10.a. continued
Jonathan Geersen, Philippe Heglin, Darlene
Denison, and Bonnie Lynn Patman spoke in
opposition to the staff recommendation.
Roger McIntosh, representing Black Ops, spoke
in support of the staff recommendation.
Jonathan Geersen spoke in opposition rebuttal
to the staff recommendation, added nine more
signatures to the petition, and submitted two
pages of petitions.
Roger McIntosh spoke in support rebuttal of
the staff recommendation.
Hearing Item 10.a. closed at 7:32 p.m.
Councilmember Johnson suggested that the
City Council limit the project to 200 units and
restrict the homes on the north side of Lisa
Marie to single story.
Roger McIntosh indicated that the applicant
would accept these recommendations.
Motion by Vice-Mayor Weir to uphold the APPROVED
appeal of the PUD, deny the other appeals, and ABS SMITH
approve the General Plan Amendment with the
condition of 200 units, single story buildings
along the north side of Lisa Marie, and the first
reading of the ordinance, as well as
Incorporate the February 13, 2013 memo from
the Public Works Director.
Recess taken from 7:59 p.m. to 8:07 p.m.
Councilmember Smith returned to the Chamber.
9. CONSENT CALENDAR PUBLIC HEARINGS continued
a. General Plan Amendment/Zone Change THIS ITEM WAS
No. 12-0264; Scott Underhill, representing Bruce REMOVED FROM
and Melanie Lynn, (property owners) has PAGE 11
applied for a general plan amendment and
zone change on 48,780 square feet generally
located 150 feet south of the southwest corner
of Oswell Street and Bernard Street. (Staff
recommends adoption of Resolution and first
reading of the Ordinance.)
Bakersfield, California, February 13, 2013— Page 17
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Item 9.a. continued
1. Resolution adopting the Negative RES 018-13
Declaration and approving the general
plan amendment changing the land use
designation from OC (Office
Commercial) to GC (General
Commercial).
2. First Reading of Ordinance adopting a FR
Negative Declaration and amending
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district from C-O (Professional and
Administrative Office) to C-1
(Neighborhood Commercial).
c. General Plan Amendment No. 12-0349; THIS ITEM WAS
PEMOV3D FROM
McIntosh & Associates, representing Black Ops
PAGE 13
Real Estate, LLC (property owners), has applied
for a general plan amendment on 27.36 acres
and a zone change on 56.19 acres located
south of Panama Lane, approximately 700 feet
west of Stine Road on the west side of Farmers
Canal. (Staff recommends adoption of Resolution
and first reading of the Ordinance.)
1 . Resolution adopting the Negative RES 020-13
Declaration and approving the
general plan amendment changing
the land use designation from LR
(Low Density Residential) to HMR
(High Medium Density Residential) on
27.36 acres.
2. First Reading of Ordinance adopting FR
a Negative Declaration and
amending the Official Zoning Map in
Title 17 of the Municipal Code by
changing the zone district from R-1
(One Family Dwelling) to R-2 (Limited
Multiple Family Dwelling) on 56.19
acres.
Consent Calendar Public Hearings Items 9.a. and 9.c.
opened at 6:50 p.m.
Bakersfield, California, February 13, 2013- Page 18
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
No one spoke.
Consent Calendar Public Hearings Items 9.a. and 9.c.
closed at 8:07 p.m.
Vice-Mayor Weir made a motion to adopt Consent
Calendar Public Hearings Items 9.a. and 9.c.
Councilmember Smith requested that a condition be
placed on Item 9.c. that the project ties the sidewalk
to the existing sidewalk to the east for pedestrian
access.
Motion by Vice-Mayor Weir to adopt Consent APPROVED
Calendar Public Hearings Items 9.a. and 9.c., with the
friendly amendment to item 9.c. requested by
Councilmember Smith regarding the sidewalks.
11. 1 REPORTS
None.
12. DEFFERED BUSINESS
None.
13. 'I NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson announced he received a
letter and a check from State Farm Insurance in
response to a grant that the Police Department
applied for to deal with the high amount of vehicle
thefts in Bakersfield, which he provided to Chief
Williamson to run through the process.
Councilmember Maxwell asked staff to provide him
with clarification regarding a code violation regarding
advertising on the windows at a business located at
2305 Chester Avenue.
Councilmember Maxwell asked staff to look at the
possibility of altering the plans for the Rosedale
Highway expansion by puffing in an entrance off of
Mohawk for the businesses on Parker Road, as
opposed to having it off of Rosedale, and he provided
petitions signed by all of the people who have
businesses on that street.
Bakersfield, California, February 13, 2013- Page 19
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Maxwell asked staff to work with the
owner/management of Costco on Rosedale Highway
to address better access In and out of the east side of
the business.
Councilmember Sullivan asked staff to look at the
cutout for the entrance on Park Circle to see if it would
be possible to put in a sidewalk, and to let her know
approximately when it could be done.
Councilmember Sullivan thanked Mayor Hall for
writing the letter to Assemblyman Salas regarding help
with the funding for the upcoming Ward 1 Special
Election.
Councilmember Smith asked staff to create a positive
vision for the extra land in the neighborhood of the
Centennial Corridor.
Councilmember Smith thanked staff for the safety
improvements for road users with the most recent bike
lanes and shared lane markings in the construction
zones.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:17 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
III
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield