HomeMy WebLinkAbout03/20/13_CC_AGENDA_PACKETREGULAR MEETING - 3;30 p.m,
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CLOSED SESSION
BAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF MARCH 20, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p,m.
a, Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d)(1) for the following;
City v, MVB Holdings, LLC, et al„ Tulare County Superior Court Case
No. VCU 12-247560,
2, Ronnie Moats, et al, v. City, et al„ Kern County Superior Court Case
No. S-1500-CV-275150 SPC
3, Joe R, Slaughter, et al, v. City, et al„ Kern County Superior Court Case
No. S-1500-CV-271472 LHB
b, Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to
Government Code Sectfon 54956.9 (d)(4)
4. CLOSED SESSION ACTION
5. ADJOURNMENT
REGULAR MEETING -5;15 p,m,
1. ROLL CALL
2. INVOCATION by Pastor James Scarborough, Bakersfield Hillcrest Seventh Day Adventist
Church,
3. PLEDGE OF ALLEGIANCE by Natalia Booker, 4th grade student at Fremont Elementary
School.
4. PRESENTATIONS
d, Presentation by Mayor Hall of a Proclamation to Darrelyn Kundinger, President of
Bakersfleld Women's Club, declaring March, 2013 Youth Art Month,
b. Presentation by Mayor Hall of a Proclamation to Zane Smith, Executive Director of
the Boys and Girls Club of Kern County, declaring April 7-13, 2013 Nationai Boys &
Girls Club Week,
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
a, One appointment to the Historic Preservation Commission, due to the expiration of
term of Scott Fieber, whose term expires March 30, 2013,
Staff recommends Councli determination.
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the March 6, 2013 Regular Cfty Council Meetings.
Payments:
b, Recelve and file department payments from February 21, 2013 to March 7, 2013 in
the amount of $27,985,398.56 and self-insurance payments from February 21, 2013 to
March 7, 2013 in the amount of $387,835,16 totaling $28,373,233,72.
Ordinances:
c, First Reading of Ordinance amending the text of various sections of Chapter 17,60 of
the Municipal Code relating to signs. (refer to leg 8t Lit Committee)
(Ward 3) d. Adoptlon of Ordinance adopting a Negative Declaratfon and amending the
Official Zoning Map fn Title 17 of the Municipal Code by changing the zone district
from C-O (Professional and Administrative Office) to C-1(Neighborhood
Commerclal) on 48,780 square feet located 150 feet south of the southwest corner of
Oswell and Bernard Streets (ZC # 12-0264, Scott Underhill, representing Bruce and
Melanie Lynn, the property owners), (FR 02/13/13)
(Ward 1) e, Adoption of Ordinance adopting a Negative Declaration and amending the
Off(cial 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 Famlly/Planned Unit
Development) on approximately one acre located along the west side of South
Union Avenue, approximately 400 feet north of Panama Lane (ZC # 12-0286,
Advanced Geomatics Engineering, representing Rajvir Singh Gill et al, the property
owners). (FR 02/13/13)
(Ward 6) f. Adoption 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 (Lfmited Multiple Family Dwelling) on 56,19
acres located south of Panama Lane, approximately 700 feet west of Stine Road on
the west side of Farmers Canal (ZC # 12-0349, Mclntosh & Associates, representing
Black Ops Real Estate, LLC, the property owners). (FR 02/13/13)
(Ward 4) g, Adoptfon of Ordinance adopting a Negative Declaration and amending the Official
Zoning Map in Title 17 of the Mun(cipal Code by changing the zone district from E
(Estate) on 12,45 acres and R-1-CH (One Family Dwelling with Church Overlay) on
7,96 acres to R-2 (Limited Multiple Family Dwelling), located on the north side of
Rosedale Highway, 660 feet west of Allen Road (ZC # 12-0372, Mclntosh & Associates,
representing Black Ops Real Estate, LLC, the property owners). (FR 02/13/13)
City Council Meeting of 3/20/2013
8. CONSENT CALENDAR continued
(Ward 4) h, Adoption of Ordfnance adopting a Negative Declaration and amending the
Officlal Zoning Map in Title 17 of the Municipal Code by changing the zone
district from A(Agriculture) to E(Estate) on 27,56 acres at the southeast corner
of Snow Road and 9uail Creek Road.(ZC # 12-0373, Mclntosh & Associates,
representing Buckey Famfly L,P., the property owners), (FR 02/13/13)
Resolutions:
California Enterprise Development Authority Property Assessed Clean Energy
Program (CEDA);
Resolution approvfng associate membership by the City in the CEDA Program
and authorizing and directing the execution of an associate membershfp
agreement with CEDA.
2, Associate Membership Agreement wfth CEDA.
3. Resolution consenting to inclusion of properties within the Incorporated area
of the City in the Kern County Property Assessed Clean Energy Program to
finance distributed generation renewable energy sources and energy and
water and water efficfency improvements, approving the report setting forth
the parameters of the referenced program and certain matters in connection
therewfth and authorizing and directing the execution of a participation
agreement with CEDA.
4, Participation Agreement in CEDA PACE Program.
Resolution authorizing the Community Development Director to submit a grant
application to the California Department of Transportation for the preparation of a
Safe Routes to School Plan.
(Ward 1) k. Resolution determining that replacement parts for Deutz Cogeneration engine at
Wastewater Treatment Plant No, 2 cannot be reasonably obtained through normal
bidding procedures and authorizing the Finance Director to dispense wfth bidding
therefor and purchase parts from Power Management, Inc., not to exceed 585,000,
Nvara s> I. Disposal of Real Property:
Resolut(on declaring real property located at 9110 Bridget Leigh Way surplus
to the needs of the City.
2. Agreement with Smith Elfada (S 10,100) to purchase said property,
(Ward 1) m. Resolutions adding the following territories to the Consol(dated Mafntenance District
and approving, confirming and adopting the Public Works Dfrector's Reports and
authorizing collection of the assessments by the Kern County Tax Collector,
1. Area 4-112 (101 S. Union Avenue)
2, Area 4-113 (501 & 503 E. 21 �+ Street)
Agreements:
�wa�a a> n. Flnal Map and Improvement Agreement with Summit Capital Ventures, Inc„ (owner)
and John Balfanz Homes, Inc., authorized to do business in California, (developer) for
Tract 6364 Phase 4 located west of Allen Road and north of Reina Road,
City Council Meeting of 3/20/2013
8.
(Ward 4)
CONSENT CALENDAR continued
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Final Map and Improvement Agreement with Castle and Cooke California, Inc„ for
Tract 6448 Unit b located south of Stockdale Highway and west of Renfro Road.
Amendment No, 9 to Agreement No. 92-154 - City Manager's Contract.
q, Amendment No. 5 to Agreement No. 10-063 with Pavement Recyciing Systems, Inc.
($400,000: revised not to exceed 51,342,000 and extending term one year) to the
annual contract for Cold Planing.
(Ward 2) r, Amendment No. 3 to Agreement No, 11-127 with Thyssenkrupp Elevator Corporation
($50,000; revised not to exceed $160,000 and extending term one year) for elevator
maintenance.
(Ward 2)
s, Amendment No, 1 to Agreement No, 12-042 with Stinson Stationers, Inc, ($300,000;
revised not to exceed $560,000 and extending term one year), for offfce
supplies,
t, Amendment No. 1 to Agreement No. 12-061 with Bowman Asphalt, Inc. ($1,000,000;
revised not to exceed $2,000,000 and extending term one year), for asphalt
reJuvenator/sealant,
u. Amendment No. 1 to Agreement No. F12-004 with Kern Security Systems, Inc.
(S65,000; revised not to exceed $105,000 and extend agreement until June
2014), for the security guard services provided at 18m & Eye Street Parking Garage,
(Ward 2) v. Amendment No. 1 to Agreements No. 12-088 and 12-089 with Pacific Gas and
Electric Company (respectively, $5,176.06 increase; revised not to exceed S165,404,
and $6,659 decrease; revised not to exceed 530,937) for modifying loan documents
based on final certification for Ifghting retrofit project at Rabobank Arena and
Convention Center.
(Ward 3)
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State Route 184 at Bedford Green Drive;
1. Contract Change Order No, 6 to Agreement No. 12-064 with Granite
Construction Company (530,870,08; revised not to exceed $901,289,89), for
the construction of the proJect.
2, Amendment No. 1 to Cooperative Agreement No, 11-151 with the State of
California Department of Transportatlon (construction costs funded by State:
$10,900; revised not to exceed $953,900) to provide additional funding for
Contract Change Order for the proJect,
3. Approprfate $10,900 State share of project cost to the Public Works
Department's Capital improvement budget within the Gas Tax Fund.
Westside Parkway Phase 2 (fRIP):
Contract Change Order Nos, 78 and 111 to Agreement No. 09-076 with
Security Paving Company, Inc. ($3,297,169,90; revised not to exceed
$93,166,519.39; change orders funded with Transportation
Development Fees), for the construction of the project.
2, Appropriate and transfer $3,200,000 Transportation Development Fund
balance to the Public Work's Capital Improvement budget within the
TRIP Local Match fund for the above project,
City Council Meeting of 3/20/2013
8. CONSENT CALENDAR continued
Bids:
�wara s> y, Accept base bid plus Additive Aiternate No, 1 and approve contract with Griffith
Company ($854,673), for street improvements on Masterson Street from SR 178 to
Panorama Drive.
(Ward l,b� z. Accept bid and approve contract with Precision Fertllizer Spreading (not to exceed
$124,250) for the annual provislon - hauling and spreading biosolids.
aa, Sale of Surplus Glock 22 pistols and Remington 870 Shotguns;
1. Award bid from Proforce Law Enforcement ($17,769,75) for the purchase of
thirty Glock 22 pistols and ten Glock 27 pistols.
2. Appropriate $33,768 revenue from the sale of surplus of eighty- two Glock 22
1� generation pistols and sixty-three Remington 870 shotguns to the Police
Department operating budget within the General Fund,
Miscellaneous:
bb. Acceptance of Audit Reports for Fiscal Year ended June 30, 2012 (eudget & Flnance
Commltlse):
Comprehensive Annual Financial Report (CAFR),
2, Agreed Upon Conditions Report,
3, Single Audit Report - Schedule of Federal Expenditures for the City.
4, independent Auditor's Report - Compliance with Contractual Requirements
relatfve to the Bakersfield Subregional Wastewater Management Pian.
5, Independent Auditor's Report on Appropriations Limit Worksheet (GANN Limit)
of the City.
b, Independent Auditor's Report - Rabobank Arena, Theater, Convention
Center, Bakersfieid Ice Sports Center & Bright House Networks Amphitheatre,
(Ward 3) cc. Siemon Park Splash Pad Project Funding:
1. Approprfate and transfer # 131,500 in Transient Occupancy Taxes Fund
balance to the Parks Department Capital Improvement budget within the
Capital Outlay Fund to fund the balance of the project.
2, Appropriate $175,000 in Park Development Fund balance (Central Zone 2) to
the Parks Department Capital Improvement budget within the Park
Development Fund for the proJect,
3, Appropriate $34,000 in Park Acqulsition Fund balance (Central Zone 2) to the
Parks Department Capital Improvement budget withfn the Park Development
Fund for the pro)ect.
City Council Meeting of 3/20/2013
8. CONSENT CALENDAR continued
�wa�a �,6> dd, Mid-Year Appropriations for Various Divislons within the Publfc Works Department;
1, Appropriate $900,000 Sewer Enterprise Fund balance (Wastewater Treatment
Plants No. 2 and No, 3) to the Public Works Department's Operating budget to
fund additional electrical, repair and maintenance costs caused by co-gen
failure at both plants.
2. Appropriate S115,000 Sewer Enterprise,Fund balance (Wastewater Treatment
Plant No. 3) to the Public Works Department's Operating budget to fund
replacement of catch basin lids due to theff,
3, Appropriate S35,000 Gas Tax Fund balance to the Pubifc Works Department's
Operating budget to fund replacement of copper wire for streetlights due to
theff.
4, Appropriate and transfer $50,000 Sewer Enterprfse Fund balance (Wastewater
Treatment Piant No, 3) to the Public Works Department's Operating budget
within the Equipment Management Fund to retrofit two existing trailers for
biosolids spreading to comply with a General Order issued by the State
Regional Water 9uality Control Board.
Successor Agency Business:
ee, Receive and file successor agency payments from February 21, 2013 to
March 7, 2013 in the amount of $38,489,18,
Staff recommends adoption of Consent Calendar ltems 8a. through 8.ee,
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
11. REPORTS
(Ward 2) a, Exclusive Negotiatfon Agreement with Golden Empire Affordable Housing, Inc. II, for
the development of 56 units of affordable veterans and senior housing units located
at 424 20� Street.
Staff recommends approval of the Agreement.
12. DEFERRED BUSINESS
13. NEW BUSINESS
a. Facilfties Management Agreement with AEG Management Bakersfield, LLC, for
services for Rabobank Arena, Theater and Convention Center; Bright House
Networks Amphitheater; and San Joaquin Community Hospital Ice Sports Center,
Staff recommends approval of the Agreement,
Cfty Council Meeting of 3/20/2013
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respectfully submitted,
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Alan Tandy
City Manager
3/15/13 10:40am
City Council Meeting of 3/20/2013
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AGENDA HIGHLIGHTS
March 20, 2013 COUNCIL MEETING
REGULAR MEETING - 3:30 p.m.
NOTE: In accordance with the new starting tlme� for City Council meetings that went Into effect
as of 2015, a separate meeting wlll be called to order at 3:30 p.m., followed by Public
Statementa that will encourcge comments pertcintng onlv to Closed Sesston matters. The
Council wiil receaa Into Cloaed Sesalon and, upon concluslon of the Cioaed Seaaton, any Closed
Seaaton actton wili be announced and the meeting wlll be cdJourned. At 5:15, the Reyular
Meettng wlll be called to order to addreaa the remalnder oi the agenda items.
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Item 3a. There wlli be a confare►�ce wi�h Eegal counsel. cegording� �hree matters of existing
litigation.
REGULAR MEETING - 5:15 p.m.
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Item 8c. First Reading of an Ordinance Amending the Municipal Code Relatin� to Signs. The
proposal covers more than one aspect of the sign regulations, the main one being allowing
projected signs downtown and along Baker Street. There are eight other proposed
modifications, all of which are intended to improve the ordinance and provide more
consistency for business owners, and are detailed in the administrative report. The Planning
Commission discussed the proposed revisions and held three public meetings on the subject.
Councilmember Maxwell has asked for additional discussions on the topic, so staff will
recommend that the item be referred to the Legislative and Litigation Committee for discussion.
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Item 8T. California Enter�rise DeveloRment AuthoritX (CEDA) Pro�erty Assessed Clean Enerav
jPACEI Pro r� am• PACE is a program approved by AB 811, allowing cities to create assessment
districts that would allow business and home owners to voluntarily finance up-front capital costs
of energy (such as solar) and water efficiency projects that would then be repaid through their
property taxes. This program will place no financial burden on the City. The City participdtes in
a statewide PACE program called CaliforniaFIRST, which is sponsored by California
Communities. This particular item provides a second option for business and home owners to
finance energy improvements throvgh CEDA, again at no cost to the City.
Council will be asked to adopt a resolution that allows the City to become an Associate
Member in this secondary program and approve an agreement that formalizes the
membership agreement. There is also a resolution that wili authorize property owners within the
City to join the Kern County assessment district, and o corresponding agreement.
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Item 8j. Resolution Authorizing the Community Develonment Director to Submit a Grant
Ab�lication to the California Department of Transportation for the Pre�aration of a Safe Routes
to Schooi Pan. The Community Development Department - Planning Division is seeking to
appty for a Community Based Transportation Planning (CBTP) Grant offered by the California
Department of Transportation for the preparation of a Safe Routes to School (SRTS) Plan. The
SRTS Plan is proposed to have two basic parts; the first is a generalized plan that can be used
and implemented by any City school to help educating parents and children about safety
practices for walking and bicycling to school and identify measures that schools can take to
help in the same; the second part is intended to focus on specific schoois that have been
identified as having the highest number of collisions involving bicycles and pedestrians. This will
include a review of their existing infrastructure and programming, suggested routes to school
maps, and recommendations for school specific engineering improvements if needed. The City
is proposing to request the maximum grant amount of $300,000 and match requirements will be
satis�ed through the use of staff time and materials.
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Item 8x. Westside Parkway Phase 2. This item includes a change order in the amount of
$3,297,169 for the construction of the Westside Parkway Phase 2 Project and a corresponding
appropriation and transfer of $3,200,000 in Transportation Development Funds to the Public
Works Capital Improvement Budget, within the TRIP Local Match Fund. In an effort to utilize all
state funds allocated for the Westside Parkway Project; take advantage of the competitive
bidding climate at the time; and expand the limits of the project, the City bid Phase 2 of the
project with less than final design work completed. This strategy proved successful and the City
was able to extend the project limits from Coffee Road all the way to Allen Road. It was known
at the time that this strategy would result in higher amount of change orders as the project
progressed and this item is reflective of these circumstances.
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Ifem 8y. Award Contract to Griffith Comnany for Street Imnrovements on Masterson Street. The
project will construct Masterson Street, from State Route 178 to Panorama Drive. Masterson
Street will be realigned to its ultimate location at State Route 178, and the existing alignment at
the intersection of State Routes 178/184 will be removed and closed. Five bids were received,
and all were deemed acceptable. The contract amount is $854,673 and will be paid from
assessment district bond proceeds.
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Ifem 8cc. Siemon Park Sqlash Pad Proiect Fundina. The total estimated cost for this project is
$550,000, $209,500 of which has already been appropriated. The item seeks approval to
appropriate the remainder of the funding, as follows: $141,500 in Transient Occupancy Taxes;
$175,000 in Park Development Funds; and $34,000 in Park Acquisition Funds.
Ifem 8dd. Mid-Year Aapro�riations for the Public Works Department. Several unforeseen items
developed in the current fiscal year that require additional funding. These include additional
electrical ond repair and maintenance costs related to Wastewater Treatment Plants 2 and 3
($900,000); replacement of stolen catch basin lids ($115,000); replacement of stolen copper
wiring ($35,000); and costs associated with the requirements by the State Water Resources
Agenda Highlights - March 20, 2013 Council Meeting
Page 2
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Control Board to spread biosolids on the City-owned farmland ($50,000). Appropriations will
come from the Sewer Enterprise Fund and Gas Tax Fund, not the General Fund.
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Ifem 11a. Fx�i��c�ve Neaotiat, ion Agreement (ENA) re a� rdin_� New Affordable Housina on 20tn
Street• The agreement is with Golden Empire Affordable Housing, Inc. II (GEAHI-II) for the
purpose of assistance in attracting additional outside funding for the proposed 20th Street
Veterans & Senior Housing Project, which would construct 56 affordable rental units for homeless
veterans and seniors at 424 20t" Street.
When the Redevelopment Agency was stili active, it received a$10.8 million Proposition 1 C
(Prop1C) grant from the State of California to construct infrastructure in support of �ve specific
affordable housing projects as part of the Mill Creek redevelopment project, one of which was
to construct the veterans 4nd senior housing project noted above. To date, the State
Department of Finance has denied the item as an enforceable obligation. If the City is unable
to construct the project, the City may be at risk to repay approximately $3 million to the State
Department of Housing and Community Development as required by the Propl C grant
agreement. Staff is looking at other sources of funding, and, last year, began negotiations with
GEAHI-II (which is the non-profit construction arm of the Housing Authority of the County of Kern)
on the financial deal points of the project. Their status as a non-profit Community Housing
Development Organization (CWDO� optimizes the funding options available for the project,
including Federal Home Loan Bank assistance that will make the project more �nancially viable
and enhance its standing to receive needed tax credit financing. The proposed ENA is needed
to a{low Golden Empire to be qualified for this financing.
The ENA would be for a period of 180 days, with an option for a 90-day extension. During this
period, the City would be required to negotiate the terms of a DDA exclusively with GEAHI-il,
which is already the City's intent. The ENA, however, does not obligate the City to enter into a
DDA if satisfactory terms cannot be negotiated.
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Item 13a. B.,areement for Management of Civic Facilities. The City's management contract
with SMG to manage and operate the Rabobank Arena, Theater and Convention Center;
Bright House Networks Amphitheater; and the San Joaquin Community Hospitai Ice Sports
Center exp�res on June 30, 2013. The City has recently concluded an RFP process designed to
evaluate and select the best firm and proposal available to the City for the future
management and operation of the City's facilities. As a result of this process, staff is
recommending approval of a contract with AEG Management Bakersfield, LLC to manage and
operate the City's facilities for a ten-year period, with an option to renew for an additional five
years.
AEG has been selected for a number of reasons, including a guarantee that the City's annual
loss wiil never exceed an identified benchmark, which provides the City with a significant
assurance of improved bottom line results that are better than what has occurred over the last
four consecutive yea�s and in eight of the past fourfeen years. This guarantee or protection
allows the City a greater ability to budget and plan for expenses. AEG is based in Los Angeles,
Agenda Highlights - March 20, 2013 Councll Meeting
Page 3
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which provides for close proximity to their corporate headquarters, and is the only
management company that directly owns or controls concert and sport event programming
operations. In addition, it should also be noted that this contract includes a significant financial
commitment from AEG to the City, designed to assist with capital improvements of the facilities
and attract new concerts and events. AEG has also committed to retaining the existing staff of
the current management company, which was an important component of their proposal.
Staff would like to thank SMG for their relationship and performance of the years it has
mandged and operated the City's various venues.
Approved:
Alan Tandy, Ctty Mana�er
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - March 20, 2013 Council Meeting
Page 4
� ADMINISTRATIVE REPORT
MEETING DATE March 20, 2013 AGENDA SECTION: Closed Session
ITEM: �3 n _
TO:
FROM:
DATE:
SUBJECT:
VG:Isc
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 8, 2013
APPROVED
DEPARTMENT HEAD ��
CITY ATTORNEY ��
CITY MANAGER �T
Conference with Legal Counsel — Exlsting LHIgallon
Closed session pursuant to Government Code section 54956.9(d) (1) (three cases).
City of Bakersfield v. MVB Holdings, LLC, et al.
Tulare County Superior Court Case No. VCU 12-247560
Ronnie Moats, et al. v. COB, efi al.
Kern County Superior Courf Case No. S-1500-CV-275150 SPC
Joe R. Slaughter, et al. v. COB, et al.
Kern County Superior Court Case No. S-1500-CV-271472 LHB
S:\COUNCIL\CI Sess\Admins\12-13\3-20-13ExistLit.docx
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ADMINISTRATIVE REPORT
MEETING DATE March 20, 2013 AGENDA SECTION: Closed Session
ITEM: '�_ L�
TO:
FROM:
�Z�1?
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 13, 2013
APPROVED
DEPARTMENT HEAD �G'
CITY ATTORNEY ��
CITY MANAGER
SUBJECT: Conference with Legal Counsel — Initiatlon of Lltigaflon
Closed session pursuant to Government Code section 54956.9(d) (4) (two potential
cases).
VG:Isc
S:\COUNCIL\CI Sess\Admins\12-13\3-20-131nitLit.docx
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MEETING DATE: March 20, 2013 AGENDA SECTION: Presentations
ITEM: �.1 n
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
March 11, 2013
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER ST C��..
Presentation by Mayor Hall of Proclamation declaring March, 2013, as "Youth Art Month" to
Darrelyn Kundinger, Bakersfield Women's Club President.
RECOMMENDATION:
BACKGROUND:
March 11, 2013, 12:36PM
W:WIAYORWDMIN�2013\Youth Art Month.dot
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� � f ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013 AGENDA SECTION: Presentations
ITEM: 4 h
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: March 11, 2013 CITY ATTORNEY
CITY MANAGER � T �
SUBJECT: Presentation by Mayor Hall of Proclamation declaring April 7-13, 2013, as °National Boys 8
Girls Club Week" to Zane Smith, Executive Director of the Boys & Girls Club of Kern
County.
RECOMMENDATION:
BACKGROUND:
March 11, 2013, 12:34PM
W:U�IIAYORWDMIN�2013\Boys 8 Girls Club Week.dot
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� d ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013 AGENDA SECTION: Appointments
ITEM: �'7_ a _
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
March 7, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ��r
CITY MANAGER
One appointment to the Historic Preservation Commission due to the expiration of
term of Scott Fieber, whose term expires March 30, 2013.
RECOMMENDATION: Stdff recommends Council determination.
BACKGROUND: There is one appointment to the Historic Presenration Commission due to
the expiration of term of Scott Fieber, whose term expires March 30, 2013. The news release for
this recruitment was posted February 6, 2013.
Applications for appointment were received from the following individuals:
• Scott Fieber
• Mark Bateman
Nominations to this Commission are made by the full Council.
The Historic Preservation Commission is an advisory body to the City Council, and is composed
of five members. Members must be residents of the City of Bakersfield, but not a specific Ward,
throughout their three-year term.
The Commission reviews applications for Cultural Resource designations and applications for
Historic Districts, in addition to applications which may be referred by the Planning Commission,
Board of Zoning Adjustment or the City Council. The Commission presides and conducts public
hearings on designation applications, and makes recommendations to the City Council.
Meetings are held on the third Tuesday of each month at 4:00 p.m., as needed.
RG:aI
March 6, 2013 11:33 AM
V:\Bds&Comm\HPC\2013\Administrative Report March 2013.docx
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� ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: Q � _
TO: Honorable Mayor and City Council APPR VED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD ��
DATE: March 8, 2013 CITY ATTORNEY
CITY MANAGER S T
SUBJECT: Approvai of Minutes of the March 6, 2013 Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: R _ 4,
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_�✓�_
DATE: March 7, 2013 CITY ATfORNEY ._
CITY MANAGER �
SUBJECT: Receive and file department payments from February 21, 2013 to March 7,
2013 in the amount of $27,985,398.56, Self Insuronce payments from
Februory 21, 2013 to March 7, 2013 in the amount of $387,835.16,
totaling $28,373,233.72
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
March 7, 2013, 4:30PM
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ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM Q' _ r�_ _
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Douglas N. Mcisaac, Community Development Director
March 14, 2013
APPROVED
DEPARTMENT HEAD ��
CITY ATTORNEY
CITY MANAGERS G�-C.
First reading of ordinance amending the text of various sections of Chapter 17.60 of
the Bakersfield Municipal Code relating to signs. (All Wards)
RECOMMENDATION:
Staff recommends referral to the Legislative and Litigation Committee.
BACKGROUND:
The proposal involves a number of changes to the sign regulations in the Zoning Ordinance. The
main amendment will allow use of projecting signs in the downtown and Baker Street areas; this
was initiated by the Planning Commission. However, staff has also included other modifications
to update and/or reflect current procedures, which are intended to improve the ordinance.
Projecting signs have been prohibited since 1976 wher� the City's first comprehensive sign
regulations were adopted. At that time, many communities were regulating signs as a way to
improve community design and many types of signs were viewed as contrary to that goal,
including brightly lit or flashing signs, roof-mounted signs, moving signs, and projecting signs. With
the revitalization of downtowns and older commercial core areas, projecting signs have been
more positively viewed as a way to increase business identification and attraction, as those areas
are beginning to experience and encourage a more pedestrian-oriented character.
The Commission formed an Ad-Hoc committee to review ordinances from communities that
ollowed projecting signs in their downtown areas. These included the cities of Pasadena,
Glendale, Visalia, and Santa Barbara. The Committee also took a walking tour of downtown to
visualize how projecting signs could be used. After holding three public meetings on May 23�d,
June 13'h and July 18'h, 2012, and considering the various regulations, the Committee finalized a
recommendation, which was endorsed by the full Commission.
Since the sign regulations were being amended, staff took the opportunity to modify other areas
within Chapter 17.60 to update and/or reflect current procedures. A discussion of each change
is summarized in the table below:
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ADMINISTRATIVE REPORT
Section Discussion
Projecting Signs (new):
17.60.070 H. Adds the use of projecting signs in the Central District and Old Town Kern areas (see
previous discussion above).
Comprehensive Sign Plans (modffy):
Corrects that signatures are required by the property owner, not the business owner. This
17.60.030 A. change is consistent with other land use applications that require the property owner sign
the application. A public hearing notice is already required to be provided to the
affected business owners. Additionally, since redevelopment areas and the Agency no
longer exist, subsection 2 is being removed.
Pylon Sign prohibitton (modify):
The current prohibition of pylon (or pole) signs impacts the shopping center at the
northwest corner of Coffee Road and Stockdale Highway (Albertsons/Trader Joes�, which
17.60.050 C.4. has existing pylon signs. It was never intended for this center to be forced to remove those
signs since the prohibition was mainly oriented to prohibit pylon signs along the Kern River
Parkway. This corrects this oversight and allows the center to keep its signs so they can be
repaired and/or updated.
C-O zone signs (add):
17.60.060 B.2. Allows the addition of monument signs for larger centers with over 500 feet of street
frontage. This will help lessen the likelihood of a comprehensive sign plan being used as a
variance process to just add more monument signs.
C-1 zone signs (add/modNy):
. Allows the addition of monument and pylon signs for larger retail centers with long
street frontages; additional monument signs wouid match the C-O zone; one
additional pylon sign would be permitted for street frontages over 1000 feet.
17.60.060 B.3. • Shingle sign clearance is being reduced from 8 feet to 7 feet. This was part of the
recommendation by the Ad Hoc Committee as it was found downtown that most
canopies only have an 8-foot clearance leaving no room for a sign; the existing
signs had only a 7-foot clearance. This change would reflect current practice.
. Formally establishes a 1-foot separation between menu boards.
C-2 zone signs (add/modify):
• Same changes as noted above in a C-1 zone for consistency.
. Adds M zones to follow the same sign standards as the C-2 zone. The M sign
standards would be allowed a larger �+75 sf) and taller (+5 ft) pylon sign and more
17.60.060 8.4. 8� 5. Wall sign area �+75 sf); all other regulations between these zones are the same.
Since the M zones allow all C-2 uses by right, M zones are usually not next to
neighborhoods, and in many instances C-2 and M zones are clustered together,
this change allows more consistency (and equity) of sign regulations for
businesses.
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ADMINISTRATIVE REPORT
Auto Mall signs (add/modffy):
17.60.060 6.�.8. Same changes as noted above in a C-1 zone except it does not increase the number of
pylon signs (since businesses are already allowed two pylon signs along each street�.
Freeway Oriented Stgns (odd):
Adds the Olive Drive/SR 99 and Taft Highway/SR 99 interchanges to the list of intersections
that are allowed freeway oriented signs. These signs are taller (75') and larger (350 sf), and
17.60.070 D.l , are limited to being within specific areas around interchanges along SR 99 for freeway
oriented businesses (i.e. fuel, food, and lodging). Since the City has recently annexed
property at both the Olive Drive and Taft Highway interchanges, signs for existing and
future freeway oriented businesses in these areas will be consistent with other freeway
oriented businesses along SR 99 (equal treatment�.
Skyline Signs (modffy):
17.60.070 F.8. Allows a skyline sign to have two lines instead of one. There are many older signs with two
lines that would become conforming signs and would reflect current practice. A second
line is usually requested for logos and secondary business information.
The addition of projecting signs will result in further promoting businesses and enhancing the
pedestrian-friendly character of the downtown and Old Town Kern areas. The other
modifications to the sign regulations are necessary to better reflect current practices. These
changes will not result in creating legal non-conforming signs, but will instead enhance
opportunities to improve business identification. There were no public comments on the
proposed changes. The Planning Commission unanimously recommended approval of the text
amendments and recommends adoption by the City Council.
This project has been found to be exempt from the provisions of the California Environmental
Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the
general rule of CEQA in accordance with Section 15061 (b) (3), it can be seen with certainty that
there is no possibility that adoption of the proposed ordinance amendments will have a
significant effect on the environment.
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MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: S�' _ c� .
TO:
FROM:
DATE
Honorable Mayor and City Council
Douglas N. Mclsaac, Community Development Director
February 22, 2013
APPROVED
DEPARTMENT HEAD�
CITY ATTORNEY�_
CITY MANAGERsT �
SUBJECT: Adoption of Ordinance, adopting a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the
zone district from C-O (Professional and Administrative Office) to C-1
(Neighborhood Commercial) on 48,780 square feet, located 150 feet south of the
southwest corner of Oswell Street and Bernard Street. (ZC # 12-0264; Scott Underhill,
representing, Bruce and Melanie Lynn, the property owners). (Ward 3)
RECOMMENDATION:
Staff recommends adoption of ordinance.
BACKGROUND:
First reading of the ordinance was given on February 13, 2013.
The applicant proposes an amendment Zoning Ordinance to accommodate retail
commercial development under neighborhood zoning. The site is currently vacant and zoned
for office commercial. It has been vacant for a number of years and is considered an infill site.
The applicant believes that by changing the zoning to allow for neighborhood commercial
uses, this would encourage development of the site, since limiting it for only office uses has not
generated any interest.
Primary access to the site will be via Oswell Street (Arterial). The City's Bikeway Master Plan
identifies Oswell Street as a Class 2 facility (bike lanes). Bike lanes do not currently exist and at
the time the property is developed, lane striping will be required with the construction of street
improvements. However, the Traffic Engineer will evaluate if striping should be delayed if its
installation will compromise public safety (e.g. short lengths of unconnected bike lanes that
would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then
occur at the time the City added bike lanes along the street with connections to the existing
bikeway network. Sidewalks have already been constructed along the Oswell Street frontage
and there is a GET bus stop directly in front of the project site for bus route 41 that runs from
Bakersfield College to Valley Plaza.
The surrounding area is an established community developed in the late 1960s and 70s. The
various properfies surrounding the project site are already developed with urban uses. The
proposed zoning would be compatible with the property to the north and provide services to
the surrounding residential uses. There is a gas station and other neighborhood commercial to
ADMINISTRATIVE REPORT
the north of the project site and to the south is multi-family housing
multi-family housing and to the east is single family housing.
Page 2
To the west is additional
The applicant proposes to infiil a vacant area with general commercial use. The proposed
land use will provide neighborhood-serving commercial uses with services and jobs available
to the surrounding residential neighborhoods. The Metropolitan Bakersfield General Plan
encourages infill of urban development and that new commercial development provide
design features and restrictions between the boundaries of adjacent residential land use
designations so as to reduce impacts on residences due to noise, traffic, parking and
differences in scale. The proposal is compatible with the surrounding uses and complies with
the applicable General Plan criteria.
The Planning Commission conducted a public hearing regarding the related General Plan
Amendment and this Zone Change on December 20, 2012, and recommended approval to
the City Council. Commissioners Batey, Kirschenmann, Lomas, Strong and Wade voted in
favor and Commissioners Haddock and Tkac were absent. No individuals spoke in favor or
against the proposed project. City Council approved the General Plan Amendment on
February 13, 2013.
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 November 20, 2012, in accordance with CEQA.
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MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: R _ P _
TO:
FROM:
DATE:
Honorable Mayor and City Council
Douglas N. Mclsaac, Community Development Director
February 18, 2013
APPROVED
DEPARTMENT HEAD����
CITY ATTORNEY �
CITY MANAGER��
SUBJECT: Adoption of Ordinance adopting 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 R-2/PUD (Limited Multiple
Family/Planned Unit Development) on approximately one acre, located along the
west side of South Union Avenue, approximately 400 feet north of Panama Lane.
(ZC# 12-0286, Advanced Geomatics Engineering, representing Rajvir Singh Gill et
al, the property owner). (Ward 1)
RECOMMENDATION:
Staff recommends adoption of ordinance.
BACKGROUND:
First reading of the ordinance was given on February 13, 2013.
The applicant proposes amendments to the Metropolitan Bakersfield General Plan Land Use
Element and Zoning Ordinance to accommodate development of a 15 unit aparfment
complex on approximately one acre located along the west side of South Union Avenue, 400
feet north of Panama Lane. The proposal also includes a planned unit development (P.U.D.)
combining zone. With the P.U.D. zone, development plans are reviewed at a public hearing
by the Planning Commission prior to the issuance of building permits. This allows additional
opportunity for public review and comment prior to development.
The proposal is considered an infill project and is consistent with the surrounding residential
and commercial uses within the general area. Property to the north and west consists of single
family homes. Adjacent property to the south includes a liquor store/mini market with gas
pumps and single family housing south of Panama Lane. Land to the east is designated for
commercial development; however is currently vacant. There are also two park sites to the
north and one elementary school within a mile of the project area. Access to the site will be
along the frontage of South Union Avenue (an Arterial roadway). This segment of South Union
Avenue is a public transportation route (GET Bus Route 41) but is not within the City's Bikeway
Master Plan.
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. No one spoke in opposition to the request.
ADMINISTRATIVE REPORT
Page 2
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 November 2, 2012, in accordance with CEQA. The applicant has agreed to all
conditions and mitigation for the project.
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U ° ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Douglas N. Mclsaac, Community Development Director
February 22, 2013
APPROVED
DEPARTMENT HEA[5���
CITY ATTORNEY f'� t�
CITY MANAGER��
SUBJECT: Adoption of Ordinance, adopting 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 R-2 (Limited Multiple Family
Dwelling) on 56.19 acres, located south of Panama Lane, approximately 700 feet
west of Stine Road, on the west side of the Farmers Canal. (ZC # 12-0349; Mclntosh
& Associates, representing Black Ops Real Estate, LLC, the property owners). (Ward
6)
RECOMMENDATION:
Staff recommends adoption of ordinance.
BACKGROUND:
First reading of the ordinance was given on February 13, 2013.
The applicant proposes an amendment to the Zoning Ordinance to accommodate the
development of duplex and multi-family housing with a maximum of 617 dwelling units.
The proposed project will accommodate the development of multi-family residences on the
underlying Tentative Tract Map No. 7222. The project applicant will develop 400 multi-family
dwelling units on the northern 27.36 acres and 217 duplex residential dwelling units on the
southern 28.83 acres. Primary vehicle, bicycle and pedestrian access to the site will be via
Panama Lane (Arterial), Berkshire Road (Collector) and local streets approved with the
underlying subdivision.
The City's Bikeway Master Plan identifies Panama Lane as a Class 2 facility (bike lanes). Class 2
bike lanes currently exist along the commercial uses to the east of the project site and along
the north side of Panama Lane. At the time the property is developed, lone striping will be
required with the construction of street improvements. However, the Traffic Engineer will
evaluate if striping should be delayed if its installation will compromise public safety (e.g. short
lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the
likelihood of accidents). Striping would then occur at the time the City added bike lanes
along the street with connections to the existing bikeway network. There are currently no GET
bus routes that run along the project site, however, three GET bus routes (47, 61 and 62) run
along Panama Lane to the east of the project site; they continue north on Stine Road before
they reach the project site. All sidewalks and pedestrian access throughout the development
will be required per City standards.
ADMINISTRATIVE REPORT
Page 2
The site is currently vacant and the various properties surrounding the project site are in the
process or already developed with urban uses. The proposed project would be compatibie
with the surrounding uses and provide a buffer between the commercial uses to the north and
the low density residential uses to the south. There are approved tract maps with single-family
lots to the south and west of the project site. Development'to the north includes single-family
homes and a single commercial store (Costco). To the east, across the Farmers and Arvin-
Edison canals are existing commercial uses with vacant low and high density residential areas
to the south.
The proposal would provide needed muiti-family uses in an area that is deficient of high
density residential use. The Metropolitan Bakersfield General Plan encourages the
intensification of land use and the orderly outward expansion of new urban development that
maintains continuity with existing development. The proposal allows the incremental
expansion of infrastructure and public services and complies with the applicable General Plan
criteria.
The Planning Commission conducted a public hearing regarding the related General Plan
Amendment and this Zone Change on December 20, 2012, and unanimously recommended
approval to the City Council. No individuals spoke in favor or against the proposed project.
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 November 13, 2012, in accordance with CEQA. The applicant has agreed to all
conditions and mitigation for the project.
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U ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: X e
TO:
FROM:
DATE
Honorable Mayor and City Council
Douglas N. Mclsaac, Community Development Director
February 22, 2013
APPROVED
DEPARTMENT HEAD li�`Pi
CITY ATTORNEY ��
CITY MANAGER � �
SUBJECT: Adoption of Ordinance, adopting a Negative Declaration and amending the
Official Zoning Map in Title 17 of the B4kersfield Municipal Code by changing the
zone district from E(Estate) on 12.45 acres and R-1-CH (One Family Dwelling with
Church Overlay) on 7.96 acres to R-2 (Limited Multiple Family Dwelling), located on
the north side of Rosedale Hwy, 660 feet west of Allen Road. (ZC # 12-0372;
Mclntosh 8� Associates, representing Black Ops Real Estate, LLC, the property
owners). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of ordinance.
BACKGROUND:
First reading of the ordinance was given on February 13, 2013. As part of that approval, the
City Council denied appeals to change the zoning to multiple-family (R-2) and upheld the
appeal to remove the PUD (Planned Unit Development) overly zone recommended by the
Planning Commission. They also added two conditions; the first limiting development to a
maximum of 200 dwelling units within the project area and the second, restricting building
heights to one-story along the north side of Alyssa Marie Avenue.
The proposed amendment to the Zoning Ordinance is to accommodate the development of
duplex and multi-family housing with a maximum of 200 dwelling units on the underlying
tentative tract map (No. 6921).
Primary vehicle, bicycle and pedestrian access to the site will be via Rosedale Hwy (Arterial),
Allen Road (Arterial) and o local street that will connect with Allen Road. The local street is an
existing public access easement that was approved with the underlying subdivision. The City's
Bikeway Master Plan identifies Allen Road as a Class 2 facility (bike lanesj; Rosedale Highway is
not on the plan. Bike lanes do not currently exist and at the time the property is developed,
lane striping along Allen Road will be required with the construction ot street improvements.
However, the Traffic Engineer will evaluate if striping should be delayed if its installation will
compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse
drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the
time the City added bike lanes along the street with connections to the existing bikeway
network. There is only about 100 feet of the proposed project that abuts Allen Road and the
majority of Allen Road in the project vicinity is still within Kern County jurisdiction. There are
ADMINISTRATIVE REPORT Page2
currently no GET bus routes that run along the project site, however, GET bus route 82 runs
along Allen Road to the east of the project site and then continues east on Rosedale Hwy. All
sidewalks and pedestrian access throughout the development will be required per City
standards. However, the PUD zoning allows to applicant to request modifications.
The site contains a single family residence on the southeast portion, which will be removed as
part of the eventual development; the remainder of the site is vacant. The surrounding land
uses include: under developed or vacant cornmercial use to the west, single family residential
to the north, medium density residential to the east, and commercial and high density
residential to the south. The various properties surrounding the project site are in the process or
already developed with urban uses. The proposed project would be compatible with the
surrounding uses and provide a buffer between Rosedale Highway and commercial uses to
the south, and the low density residential uses to the north. The proposal would provide
needed multi-family uses in an area that is deficient of higher density residential uses and infills
an existing urban area. The Metropolifian Bakersfield General Plan encourages infill projects,
the intensification of land use and the orderly outward expansion of new urban development
that maintains continuity of existing development.
The Planning Commission conducted a public hearing regarding the related General Plan
Amendment and this Zone Change on December 20, 2012, and unanimousty recommended
approval to the City Council. The motion for project approval included the addition of a
Planned Unit Development overlay on the proposed zone change (R-2/PUD).
Six individuals spoke in opposition to the project:
• Carol Bender: Stated the density is too high to be compatible with surrounding uses and
was concerned about the potential increase in traffic. The current street infrastructure
does not handle current traffic demands and there are no planned street
improvements as the proposed widening of Rosedale Hwy will stop just east of the
project site. Ms. Bender also requested a planned unit development overlay zone,
which would allow input from the neighbors on the specific development design.
• Dave Brown: Lives on Pergola Avenue to the north. The area is surrounded by large
residential lots and he believes it should stay that way. Mr. Brown does not see
compatibility between the surrounding neighborhood and proposed use as there will
be negative impacts to traffic, air quality and noise, as well as overcrowded schools.
Mr. Brown is opposed to thru traffic from Rosedale Hwy directly into his neighborhood.
There are also no transit services near the project.
• Jonathan Geersen: Lives on Pergola Avenue and requested the project be postponed
to a later meeting for more neighborhood feedback. The proposed project would
diminish public safety due to increased housing density and population. The project
also creates more traffic problems on Rosedale Highway, will overpopulate schools,
increases noise, and will degrade air quality.
• Philippe Heqlin: Lives on Pergola Avenue and was concerned with higher density, traffic
safety, and noise. He stated wanted to see something that enhances the area.
• Ann Gallon: Does not want to see apartments and asked to postpone the matter to a
later meeting for more neighborhood input. She would like to see a site plan ot the
specific development and that a buffer is needed between the project and homes to
norfh. There is also too much traffic at the Allen/Rosedale intersection.
• Michael Neal: He believed notification of the project was not provided in a timely
manner. He would like the developer to meet with neighbors and for Commission to
ADMINISTRATIVE REPORT
Page 3
postpone the hearing for more discussion. He would like area to remain with
compatible low density housing since they generate less traffic.
The applicant, Roger Mclntosh, spoke in favor of the project. He commented that the site is
already disturbed and graded with some curb, gutter and sewer lines installed, which his
clients plan to use. There is other high density housing in the area as well as commercial, so the
proposal is not inconsistent with area development. He noted that the Commission recently
denied a request to change the land use to retail commercial and that some Commissioners
at that time stated a preference for multiple family development on the site. A PG8�E
easement is located along the northern property line with transmission towers, which creates a
257-foot wide buffer between the proposed project and single family homes to the north.
Two letters appealing the Commission's recommendation were submitted by neighboring
property owners, Philippe Heglin and Jonathan Geersen, for the following reasons:
• The proposed housing density is too high and is not compatible with the area. They
prefer to see single family housing similar to the northern neighborhood.
• The Rosedale and Allen intersection is already highly congested.
• The project will encourage additional high density housing projects in the area.
• Noise and crime will increase.
• A zoning buffer should be created between the proposal and northern neighborhood.
• The HMR land use at 17 units/acre is not required to develop this project; multi-family
can be allowed under a lower density land use such as LMR (10 units/acre).
• A traffic study should have been prepared for the proposed project.
• Requested that the cul-de-sac constructed at the south end of Phairfield Street include
a block wall around it to prevent pedestrian access.
The Commission recommended several conditions to mitigate traffic and public safety. The
existing PG8�E easement already provides a significant buffer (257 feet wide) where structures
are prohibited. A cul-de-sac is required to be constructed at Phairfield Street, which will
prevent vehicular access into the northern neighborhood. Additionally, City standards require
that a six-foot high block wall be constructed along the northern property tine between the
proposed multi-family project and single family homes to the north.
A third appeal letter was submitted by the applicant, Roger Mclntosh, specifically appealing
the Planning Commission's decision to require a Planned Unit Development overlay zone with
the proposed R-2 zoning. According to the applicant, the purpose of PUD zoning is to allow for
diverse uses and creative designs to ensure that the specific details of a project's design are
maintained. The proposed project does not require a special design, nor does the project
need to deviate from City standards. The R-2 zoning and required Site Plan Review process are
adequate to meet the City's development standards and ensure compatibility with the
surrounding neighborhood.
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 November 13, 2012, in accordance with CEQA.
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�
MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: � . %t .
TO:
FROM:
DATE:
SU BJ ECT:
Honorable Mayor and City Council
Douglas N. Mclsaac, Community Development Director
February 18, 2013
APPROVED
DEPARTMENT HEAD���'�'
CITY ATTORNEY�_
CITY MANAGERS�Q�
Adoption of Ordinance adopting a Negative Deciaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the
zone district from A(Agriculture) to E(Estate) on 27.56 acres, at the southeast
corner of Snow Road and Quail Creek Road. (ZC# 12-0373, Mclntosh 8� Associates,
representing Buckey Family L. P., the properfy owners). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
�T_T�3:��33•1�1:U�
First reading of the ordinance was given on February 13, 2013.
The applicant proposes amendments to the Metropolitan Bakersfield General Plan Land Use
Element and Zoning Ordinance on 27.56 acres located at the southeast corner of Snow Road
and Quail Creek Road. The proposal will allow development of approximately 69 single-family
homes. This project would be a continuation of the adjacent residential development to the
west and south. Neighboring properfy to the east is in agricultural use and properfy to the north
consists of a mix of single-family homes and agricultural lands. The project also includes
annexation into the city.
Primary access to the site is yet to be determined, but will likely occur from Snow Road (Arterial)
and/or Quail Creek Road (Collector). The City's Bikeway Master Plan identifies Snow Road as a
Class 2 facility (bike lanes). Bike lanes do not currently exist and at the time the property is
developed, lane striping will be required with the construction of street improvements. However,
the Traffic Engineer will �valuate if striping should be delayed if its installation will compromise
public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and
cyclists increasing the likelihood of accidents). Striping would then occur at the time the City
added bike lanes along the street with connections to the existing bikeway network. The nearest
public transit service is approximately two miles away.
Various studies were conducted as part of the environmental review. As a result of those studies,
conditions of approval and mitigation measures that address air quality, agriculture land
conversion, traffic, cultural and biological resources are recommended os part of project
approval.
ADMINISTRATIVE REPORT
Page 2
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. No individuals or agencies present at the hearing opposed the request and the
appiicant has agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project wouid not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on October 29, 2012, in accordance with CEQA. The applicant has agreed to all
conditions and mitigation for the project.
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ADMIN�ISTRATIVE REPORT
TO: Honorabie Mayor and City Council
FROM:
DATE:
SUBJECT:
ITEM:
_ �;. .
Alan Tandy, City Manager DEPARTMENT HEAD
March 14, 2013 CITY ATTORNEY
CITY MANAGER
California Enterprise Development Authority Property Assessed Cle n E ergy
Program (PACE):
l. Resolution approving associate membership by the City of Bakersfield in the
California Enterprise Development Authority (CEDA) and authorizing and
directing the execution of an associate membership agreement with CEDA.
2. Associate Membership Agreement with CEDA.
3. Resolution consenting to inclusion of properties within the incorporated area of
the City of Bakersfield in the Kern County Property Assessed Clean Energy
Program to finance distributed generation renewable energy sources and
energy and water efficiency improvements, approving the report setting forth
the parameters of the referenced program and certain matters in connection
therewith and authorizing and directing the execution of a parficipation
agreement with CEDA.
4. Participation Agreement in CEDA PACE program.
RECOMMENDATION:
Staff recommends adoption of the Resolutions and approval of the Agreements.
BACKGROUND: In 2008, the State of California approved legislation that enabled counties and
cities to create Property Assessed Clean Energy Programs (PACE). The legislation (AB 811)
authorized the creation of an assessment district, whereby commercial and residential owners
can finance the upfront capital costs of energy and water efficiency projects and repay the
amount financed through a contractual assessment on their property. The contractual
assessments are recorded as a lien against the subject property, entered in the County roll and
are collected on the property owner's tax bills at the same time and in the same manner as
traditional property taxes.
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ADMINISTRATIVE REPORT
In 2010, the City Council approved the City's participation in the CaliforniaFIRST PACE program,
which is sponsored by California Communities, a joint powers authority sponsored by the League
of California Cities and the California Association of Counties. This was done in an effort to
provide City residents and businesses with the opportunity to participate in a statewide PACE
financing program that does not place any administrative burden or financial liability on the City
of Bakersfield. PACE applications are pooled on a statewide basis and when appropriate,
CaliforniaFIRST issues bonds to finance the authorized projects.
Participation in PACE financing is on a voluntary basis. Property owners go through an
application process to select the type of projects they wish to install and the contractors they
choose to utilize (with some restrictions). Property owners pay for the cost of their project,
including interest and fees to administer the program, amortized over 20 years. The property tax
assessment transfers with the property upon sale and is secured by the property value, not by the
credit history of the property owner.
Approval of this item will allow City residents and businesses the opportunity to participate in a
second PACE financing option through CEDA, a statewide joint powers authority similar to
California Communities. Participation in this additional PACE program does not place any
administrative or financial burden on the City. The financial transactions that occur are between
fhe property owners and the PACE program sponsors, the City's actions simply facilitate this
program by becoming an Associate Member of CEDA and authorizing property owners within
the jurisdiction of the City to join the Kern County assessment district, which the County of Kern
has already established for this purpose.
Normally, becoming a member of a JPA would subject the City to the JPA's liabilities and
obligations. However, joining CEDA as an associate member significantly reduces any potential
risk on the City's part due to the fact that the associate membership agreement specifically
provides that the debts, liabilities and obligations of the JPA shall not be the debts, liabilities and
obligations of the City.
Approval of these Resolutions will allow property owners in the City of Bakersfield the opportunity
to take advantage of a secondary, turnkey, PACE financing program on a voluntary basis. This
has the potential to create local economic activity, promote clean energy retrofits and
upgrades, reduce greenhouse gas emissions and reduce energy consumption throughout the
City of Bakersfield.
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MEETING DATE: March 20, 2013 AGE�
ITEM:
TO: Honorable Mayor and City Council
FROM:
SECTION: Consent Calendar
.
�.
Douglas N. Mclsaac, Community Development Director DE
DATE: March 13, 2013
CITY
CITY
SUBJECT: Resolution authorizing the Community Development Director to submit a grant
application to the California Department of Transportation for the preparation of a
Safe Routes to School Plan. (All Wards)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The Community Development Department - Planning Division seeks to apply for a Community-
Based Transportation Planning (CBTP) Grant offered by the California Deparfment of
Transportation (Caltrans) for the preparation of a Safe Routes to School (SRTS) Plan. The grant
application request requires support by the elected body.
SRTS is an international movement that has taken hold in communities throughout the United
States. The concept is to increase the number of children who walk or bicycle to school by
funding projects that improve safety and promote walking and bicycling within a collaborative
community framework. These programs are designed to decrease traffic and air pollution,
increase the health and education of children, and foster community partnership.
A successful SRTS Plan for the City of Bakersfield will include each of the "Five E's" of SRTS
programming: Education, Engineering, Enforcement, Encouragement, and Evaluation. The SRTS
Plan is proposed to have two basic parts. The first part is a generalized plan that can be used
and implemented by any City school to help in educating parents and children about safety
practices for walking and bicycling to school and identify measures that schools can take to help
in the same.
The second part is intended to focus on those specific schools that have been identified as
having the highest number of collisions involving bicycles and pedestrians. Approximately 15
public elementary and middle school sites are proposed to participate and receive a review of
their existing infrastructure and programming, suggested routes to school maps, and
recomra�endations for school specific engineering improvements if needed. School selection
criteria will be based on recent bicycle and pedestrian collision data collected (involving people
ADMINISTRATIVE REPORT Pa9e Z
under 18 years old) during the preparation of the Bicycle Transportation Plan (BT Plan) and this
effort will complement the BT Plan, which staff is currently developing.
The City is proposing to request the maximum grant amount of $300,000 in order to prepare the
City's SRTS Plan. A 10 percent funding match requirement will be satisfied by the use of staff time
and materials.
This Caltrans grant program focuses on the preparation of planning studies as opposed to
infrastructure improvement related programs traditionally applied for by the City. While this
program is primarily offered to Metropolitan and Regional Transportation agencies (such as Kern
COG), cities may also apply directly for the CBTP grant. The CBTP grant funds may be used for
transportation planning projects that encourage community involvement and partnership. The
grant program implements the vision of the State to promote a balanced, comprehensive multi-
modal transportation system. The City's SRTS Plan would satisfy multiple statewide transporfation
planning goals identified in the California Transportation Plan, which include efforts to enhance
public safety, reflect community values, and "ensure the safety and security of people, goods,
services, and information in all modes of transportation."
KS - S:\Bicycle Transportation Plan\Safe Routes to School Planning Grant 2013\SRTS admin report.docx
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� ° ADMINISTRATIVE REPORT
�1 "'Mry lLI
MEETING DATE: March 20, 2013 AGENDA SECTION Consent Calendar
ITEM: g . �C.
TO: Honorabie Mayor and City Council APP VED
r
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: March 5, 2013 CITY ATTORNEY v�
CITY MANAGER s�
SUBJECT: A resolution determining that replacement parts for Deutz Cogeneration engine at
Wastewater Treatment Plant No. 2 cannot be reasonably obtained through normal
bidding procedures and authorizing the Finance Director to dispense with bidding
therefor and purchase replacement Deutz congeneration parfs from Power
Management Inc, not to exceed $85,000 (Ward 1).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Wastewater Treatment Plant 2 operates two cogeneration engines that utilize
digester gas produced on-site to offset electrical costs at the plant. The Deutz cogeneration
engine requires a major overhaul after 40,000 operation hours. The engine now has 38,970
operational hours, parts are worn, and the engine is not producing electricity at optimal levels.
Consequently, an overhaul of the engine is now due. Replacement parts are needed to
complete this overhaul.
Power Management incorporated (PMI) is the only service and parts provider for Deutz gas
cogeneration engines on the west coast. PMI has a contract with MWM of America, the maker of
the Deutz engine. MWM will not provide a parts warranty unless the parts are p�rchased ond
installed by PMI.
Staff recommends approval of this resolution for the immediate purchase of the parts needed to
perform an overhaul of the Deutz cogeneration engine. The manufacturer ships replacement
parts from their plant in Germany; therefore, it can take two months to get the replacement parts
once they are ordered.
Sufficient funds are budgeted to fund the replacement parts. There is no General Fund impact
associated with this request.
RB/rp
March 12, 2013, 12:07PM
G:\GROUPDATWDMINRPT�2013\03-20Wdmin - SoleSourceReso - Deutz Engine Parts.doc
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MEETING DATE: March 20, 2013
TO:
FROM:
DATE
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
Morch 11, 2013
AGENDA SECTION: Consent Calendar
ITEM: $, �,
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ��
CITY MANAGER S
SUBJECT: Disposal of Real Property
1. Resolution declaring real property located at 9110 Bridget Leigh Way surplus
to the needs of the City;
2. Agreement with Smith Elfada to p�rchase said property for $10,100. (Ward 3)
RECOMMENDATION: Staff recommends adoption of the resolution and approval of
agreement.
BACKGROUND:
In 2007, Don Judkins, the developer of "The Fairways at Riverlakes" subdivision made a good
faith effort to acquire the right of way necessary to widen Norris Road and Forest Park Street
from the then owner of 9105 Norris Road. However, he was unsuccessful and the County
declined to proceed with eminent domain proceedings to obtain the necessary road right
of way. So Mr. Judkins gave the City an odd shaped remnant that was created by his
development. The remnant parcel measures (41' deep x 265' wide).
The property to the north of the City's remnant parcel has since changed ownership and the
City has received an offer to purchase the remnant parcel from the new properfy owner,
Smith Elfada. Mr. Elfada plans on merging the property he recently acquired at 9105 Norris
Road with the City's property and subdivide the combined parcel into three single family
lots. The offered amount of $10,100 is considered reasonable given the property's limited
development potential. Also, Mr. Elfada will be required to widen Norris Road and Forest
Park Street if he subdivides the property.
The Planning Department,
Bakersfield Ordinance 42.
General Plan.
in accordance with Government Code Section 65402 and City of
8, found the sale to be consistent with Metropolitan Bakersfield
March 11, 2013, 6:03PM
P:UAyFilesWdmin Reports\9110 Bridget Leigh Way sale.2.doc
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� ° ADMINISTRATIVE REPORT
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MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: A. m
TO:
FROM
DATE;
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March b, 2013
APP OVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER �T- uX
SUBJECT: Resolutions to add the foliowing territories to the Consolidated Maintenance District
and approving, confirming, and adopting the Public Works Director's Reports and
authorizing coliection of assessments by the Kern County Tax Coilector:
1, Area 4-112 (101 S. Union Avenue) - Ward 1
2, Area 4-113 (501 & 503 E. 21 St Street) - Ward 1
RECOMMENDATION; Staff recommends adopting the Resolutions,
BACKGROUND; On March b, 2013, the Council adopted Resolutions of Intention No. 1738 and
1739 respectively, adding the above territories to the Consolidated Maintenance District as
required by Section 13.04,021 of the Municipal Code, Inclusion in the Consolidated Maintenance
District will provide for the maintenance of parks and/or street landscaping. The areas wiil be
under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels
when parks and/or street landscaping have been installed,
The addition of these territories to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This ailows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) have also submiited a Proposition 218 ballot indicating their consent
to the assessment,
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 draffed and wili be recorded with the Kern County Assessor-
Recorder's Office upon approval of this Resolution.
ps
G;\GROUPDAT\ADMINRPT\2013\03-20\Res Estab CMD 4-112 4-113.docx
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ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Consent Calendar
ITEAA: 4'_ n _
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 6, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER �T �
Approval of Troct Map and Improvement Agreement
Final Map and Improvement Agreement with Summit Capital Ventures, Inc., a
California corporation, herein referred to as the "OWNER" and John Balfanz
Homes, Inc., a California corporation authorized to do business in California,
herein referred to as the "DEVELOPER", for Tract 6364 Phase 4 located west of
Allen Rood and north of Reina Road. (Ward 4)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and
storm droin on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
dha
March 6, 2013, 8:55AM
G:\GROUPDAN1DMtNRPT�2013W3-20\T6364-4 Map and IM AGR.doc
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� ° ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Consent Calendar
ITEM: Q' . D .
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director DEPARTMENT HEAD
March 6, 2013 CITY ATTORNEY I""
CITY MANAGER � � G�-�'
Approvai of Tract Map and Improvement Agreement
Final Map and Improvement Agreement with Castle 8� Cooke California, Inc.,
a California corporation, for Tract 6448 Unit 6 located south of Stockdale
Highway and west of Renfro Road. (Ward 4)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACK�ROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Mop. Such improvements include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENT
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
..
March 6, 2013, 10:14AM
G:\GROUPDATIADMINRP112013W3-20\T6448-6 Map and IM AGR.doc
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� ° ADMINISTRATIVE REPORT
MEETING DATE; March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM; Q n
TO:
FROM;
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 8, 2013
Amendment No. 9 to Agreement No. 92-154
APPROVED
DEPARTMENT HEAD ��
CITY ATTORNEY �
CIN MANAGER
-- City Manager's Contr ct
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
This contract amendment implements changes to the City Manager's contract in accordance
with his annual evaluation which concluded on March 6, 2013. The amendment allows for a
change to hls automobile allowance to make it the same as those of department heads. The
request for the change, which is a lessor benefit than historically provided, originated from the
City Manager as a part of an organizatlonal effort to reduce the number of take home vehicles.
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S;\COUNCIL\Admins\ 12-13 Admfns\C(tyMgrAgrAmd9.docx
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� � ° ADMINISTRATIVE REPORT
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MEETING DATE: March 20, 2013 I AGEN
ITEM:
TO: Honorable Mayor and City Council
FROM
DATE:
Nelson Smith, Finance Director
March 6, 2013
SECTION: Consent Calendar
APPROVED
DEPARTMENT HEAD /1���
CITY ATTORNEY ��
CITY MANAGER ST
SUBJECT: Amendment No. 5 to Agreement No. 10-063 with Pavement Recycling Systems,
Incorporated; extending the contact term one year and adding $400,000 (for a
total not to exceed amount of $1,342,000) to the Annual Contract for Coid
Planing. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On May 19, 2010, Council approved the annual contract for Cold Planing to
Pavement Recycling Systems, Inc., in the amount of $146,000; renewable annuaily thereafter for
four (4) consecutive one-year periods. On May 4, 2011, Council approved Amendment No. 1
extending the term one year and adding $146,000 for a revised not to exceed amount of
$292,000. On July 13, 2011, Council approved Amendment No. 2 adding $200,000 for a revised
not to exceed amount of $492,000. On March 7, 2012, Council approved Amendment No. 3
extending the contract term one year, and adding $225,000 for a new not to exceed amount
of $717,000. On September 11, 2012, Council approved Amendment No. 4 adding $225,000 for
a new not to exceed amount of $942,000.
MaY 2010 - May 2011 $146,000 first year of the contract
May 2011 Amend #1 + $146,000
Julv 201 1 Amend #2 + $200,000
2011 -2012 $346,000 second year of the contract
March 2012 Amend #3 + $225,000
Sept. 2012 Amend #4 + $225,000
2012-2013 $450,000 third year of the contract
As you can see by the summary provided the street work has increased over the past two years
and we expect the work in 2013-2014 to be similar to 2012-2013 levels.
Currently there is $93,000 remaining on this contract. This action will allow the Streets Division to
continue with the planned street resurfacing projects for the 2013-2014 contract term. If
approved, Amendment No. 5 will extend the contract term for one year and add $400,000 for a
revised not to exceed amount of $1,342,000. Funds are budgeted in the Gas Tax and Capital
Outlay Funds for this street maintenance function.
Purchasing Division/ch
S:IPURCHWDMINWmendments 12-13WC Cold Planing Amendment #5 to Agmt 10-063 March 20, 2013.docx
March 12, 2013, 12:43PM
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� ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: Q ,r _
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FROM:
7_�1;
Honorable Moyor and City Council
Nelson Smith, Finance Director
March 6, 2013
� � �;. .
DEPARTMENT HEAD ��S
CITY ATTORNEY ��
CITY MANAGER S �
SUBJECT: Amendment No. 3 to Agreement No. 11-127 with Thyssenkrupp Elevator
Corporation; extending the contract term one year and adding $50,000 (for a
totol not to exceed amount of $160,000) to continue the supply of elevator
maintenonce. (Ward 2)
RECOMMENDATION: Staff recommends opproval of amendment.
BACKGROUND: On August 19, 2011 the City entered into Agreement No. PW 11-123 for the
Annual Contract to provide Elevator Maintenance with Thyssenkrupp Elevator Corporation, in
the amount of $40,000; renewable annually thereaffer for four consecutive one-year periods.
On October 19, 2011, Council approved Amendment # 1 adding $20,000 for a revised not to
exceed amount of $60,000. On April 18, 2012, Council approved Amendment #2 extending the
contract term for one year and adding $50,000 for a revised not to exceed amount of $110,000.
If approved, Amendment No. 3 will add $50,000 for a revised not to exceed amount of
$160,000, and extend the contract term one year. Funds are budgeted in the Public Works
Deportment operating accounts within the General Fund. Approval of the amendment will
allow the City to continue to m+eet the demands for elevator maintenance.
Purchasing DivisioNch
S:�PURCH�ADM1N�Amendments 12-13WC for Elevator Maintenance Amendment #3 Agmt. 11-127.docx
March l2, 2012, 9:48 A.M.
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MEETING DATE: March 20, 2013 I AGENDA SECTION: Consent Calendar
ITEM: $. S .
TO: Honorable Mayor and City Council APPROVED
FROM:
DATE:
Nelson Smith, Finance Director
March 6, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER s �
SUBJECT: Amendment No. 1 to Agreement No. 12-042 with Stinson Stationers,
Incorporated; extending the contact term one year and adding $300,000 (for a
total not to exceed amount of $560,000) to the Annual Contract for Office
Supplies. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On March 7, 2012, Council approved the annual contract for office supplies to
Stinson Stationers, Inc., in the amount of $260,000; renewable annually thereafter for four (4)
consecutive one-year periods.
If approved, Amendment No. 1 will extend the contract term one year, and add $300,000 for a
revised not to exceed amount of $560,000. Funds are budgeted in the departmental operating
acco�nts for office supplies in all funds (both general fund and other funds).
Purchasing Division/ch
S:�PURCHWDMINWmendments 12-13V1C for O�ce Supplies Amendment #1 to Agreement 12-042.docx
March 6, 2013, 10:32AM
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� � ° ADMINISTRATIVE REPORT
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10
MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: S . -�-.
TO: Honorable Mayor and City Council APPROVED
FROM
DATE:
Nelson Smith, Finance Director
March 6, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER s/ G�-Y
SUBJECT: Amendment No. 1 to Agreement No. 12-061 with Bowman Asphalt,
Incorporated; extending the contact term one year, and adding $1,000,000 (for
a total not to exceed amount of $2,000,000) to the Annual Contract for Asphalt
Rejuvenator/Sealant. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On May 9, 2012, Council approved the annual contract for providing asphalt
rejuvenator/sealant to Bowman Asphalt, inc., in the amount of $1,000,000; renewable annually
thereafter for four (4) consecutive one-year periods.
Currently there is $300,000 available on this contract. Extending the contract expiration date,
and increasing the contract $1,000,000 will allow the Streets Division to continue with the
planned street maintenance program for the next twelve months.
If approved, Amendment No. 1 will extend the contract term one year, and add $1,000,000 for
a revised not to exceed amount of $2,000,000. Funds are budgeted in the Gas Tax and Capital
Outlay Funds for this street maintenance function.
Purchasing Division/ch
S:\PURCHWDMINWmendments 12-13�AC for Asphalt Rejuenator-Sealant Amendment #1 to Agreement 12-061.docx
March 6, 2013, 10:56AM
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� ° ADMINISTRATIVE REPORT
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MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: g , u ,
TO
FROM
DATE
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 25, 2013
APPROVED
DEPARTMENT HEAD /�/�
CITY ATTORNEY ��
CITY MANAGER S �
SUBJECT: Amendment No. 1 to Agreement No. F12-004 with Kern Security Systems,
Incorporated to extend agreement until June 2014 and increase the
compensation by $65,000, for a revised not to exceed amount of $105,000 for
the security guard services provided at 18th 8� Eye Street Parking Garage.
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: The City owns and operates a multi-story parking structure located at 18'h and
Eye Streets. In April 2012 staff solicited proposals for security guard services at the facility and
in May 2012 the Finance Department entered into a departmental agreement with Kern
Security to provide security guard services for an amount not to exceed $40,000.
The contract is nearing the end of its term and the City wishes to continue providing security
guard services at the 18'h and Eye Street parking structure. Staff is requesting to extend the
agreement to June 2014 and add additional compensation of $65,000; thus amending the
total contract amount from the original $40,000 to $105,000.
Approval of this contract amendment will allow the City to continue providing security guard
services at this location through the end of the 2013-14 fiscal year.
Finance Department / Accounts Receivable / Security Guard Contract
S:\LORETTAIADMIN�2013\ F12-004, Amendment 1 to Agreement F12-004, Extension, Kern Security Systems Inc.doc
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March 11, 2013, 5:32PM
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MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: Q v _
TO:
FROM
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 5, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY �
CITY MANAGER S
SUBJECT: Amendment No. 1 to Agreements 12-088 and 12-089 with Pacific Gas and Electric
Company, PG8�E, (respectively, $5,176.06 increase; revised not to exceed
$165,404.00 and $6,659.00 decrease; revised not to exceed $30,937.00) for modifying
loan documents based on final certification for lighting retrofit project at Rabobank
Arena and Convention Center (Ward 2).
RECOMMENDATION: Staff recommends approval of amendments.
BACKGROUND: On June 6, 2012, City Council approved agreements 12-088 and 12-089 with PG8�E
for special zero-interest loan documents to fund an energy efficiency lighting project at Raboabnk
Arena and Convention Center. The project consisted, in general, of replacing older, inefficient
lighting fixtures throughout the interior and exterior at the Rabobank complex with new, energy
efficient fixtures.
The loan repayment period is for 56 months. Repayment of the loan is structured so that it aligns
with the monthiy energy savings. During this period, it is expected that our monthly electricity bills
will be approximately the same (or less) than they currently are. After the 56 month period has
passed and the loan has been re-paid, the City will realize the full savings of the more energy
efficient facility in the form of lower electric bills.
The terms of the loan are that at the completion of the project, City and PGS�E representatives
complete a final certification of the work done. The certification was completed on January 11,
2013. These amendments revise the loan amounts to reflect the final quantities and calculated
energy savings of the completed project.
PG8�E rebates totaling $26,168.50 have been received and� applied as offsets to the cost of these
projects.
SP
G:\GROUPDATWDMINRPT�2013\03-20Wdmin - Amend (1) to PGBE AGMTs 12-088 and 12-089.doc
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� � ADMINISTRATIVE REPORT
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LIFO
MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: S�'_ u ) .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Pubiic Works Director
March 6, 2013
AP VED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER �
State Route 184 at Bedford Green Drive (Ward 3):
1. Contract Change Order No. 6 to Agreement No. 12-064 with Granite
Construction Company ($30,870.08; revised not to exceed $901,289.89)
for the Construction on SR 184 at Bedford Green Drive Project.
2. Amendment No. 1 to Cooperative Agreement No. 11-151 with the
State of California Deparfment of Transportation (Construction costs
funded by State: $10,900.00; revised not to exceed $953,900.00) to
provide additional funding for Contract Change Order for the project.
3. Appropriate $10,900 State Share of Project Cost to the Public Works
Department's Capital Improvement Budget within the Gas Tax Fund.
RECOMMENDATION: Staff recommends approval of contract change order, amendment,
and appropriation.
BACKGROUND: This project provides for the construction on State Route 184 at Bedford Green
Drive. The project wo�ld lower high points on State Route 184 in order to provide for improved
sight distance for future traffic on Bedford Green Drive.
Per Cooperative Agreement No. 11-151, the State was to fund the project's construction costs
which was originally estimated at $943,000. The City was to fund construction support costs.
Contract Change Order No. 6 provides for additional erosion control to be placed adjacent
to the roadway. This work is necessary in order to prevent future erosion of the areas disturbed
during construction. The contractor has agreed to accept a lump sum of $30,870.08 for
performing this work. This Change Order is funded entirely by the State.
Although Change Order No. 6 is for $30,870.08, the Amendment to the Cooperative
Agreement is $10,900. The reason for this variance is beca�se of project cost savings from the
initial $943,000 estimate. Staff recommends appropriation of the $10,900 additional funding
from the State.
RM (Construction)
March 6, 2013, 3:39PM
G:IGROUPDATIADMINRPT�2013\03-20\CCO 6 and CO OP State Route 184 at Bedford Green.doc
ADMINISTRATIVE REPORT
The net cost increase of Contract Change Orders to date is $142,719.89 (which is 18.8% of the
original contract amount) as illustrated below:
• Original Contract Amount
• Amended Contract Agreement after Change Orders
Net increase to date
�
�
$758,570.00
$901,289.89
$142, 719.89
Caltrans designed the scope of work for this project with City staff providing construction
inspection services. Cumulative change orders are 18.8% of the original contract amount due
to changes in the original scope of work requested by Caltrans. All scope of work changes
were funded entirely by Caltrans.
There is no General Fund impact associated with this amendment.
RM (Construction)
March 6, 2013, 3:39PM
G:\GROUPDAIIADMINRPT�2013\03-20\CCO 6 and CO OP State Route 184 at Bedford Green.doc
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� ° ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: 4 _ Y _
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March 12, 2013
APP VED
DEPARTMENT HEAD
Westside Parkway Phase 2(TRIP) (Wards 2, 4 and 5)
CITY ATTORNEY v�
CITY MANAGER S�
1. Contract Change Order Nos. 78 and 1 11 to Agreement No. 09-076 with Security
Paving Company, Inc. ($3,297,169.90; revised not to exceed $93,166,519.39;
change orders funded with Transportation Development Fees) for the
construction of the Westside Parkway Phase 2 Project (TRIP) (Wards 2, 4 and 5).
2. Appropriate and transfer $3,200,000.00 Transportation Development Fund
Balance to the Pubiic Works Capital Improvement budget within the TRIP Local
Match fund for the above project.
RECOMMENDATION: Staff recommends approval of Contract Change Orders and appropriation.
BACKGROUND: When the Westside Parkway Phase 2 project was bid, the City was trying to utilize
all available State funding to build the project as any unused funds would have to be given back
to the State. This resulted in portions of the project construction bid and contract award being
accomplished with less than final design work completed and as such, a higher amount of
change orders than normally anticipated are expected as the construction progresses. However,
because of the extraordinarily favorable bid climate at the time, the City was able to extend the
project limits from Coffee Road all the way to Allen Road on top of keeping all the State funding
intact. These series of actions have been in the best interest of compieting this Project, which is a
critical component of the TRIP program.
Phase 2 of the Westside Parkway Project includes the construction of a 6-lane freeway from
Mohawk Street to Allen Road. Also included in the project is the construction of interchanges at
Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta Avenue jno
interchange at this location).
Change Order No. 78 provides for the installation of additional 1,065 linear feet of 2" conduit and
5 pull-boxes for the sign and ramp illumination system in the vicinity of Brimhall Road. This change
is due to a refinement of the design after PG8�E provided an actual "Point of Service". At the time
of bidding the project, the plans indicated an approximate location for this point of service. It is
not until PG8�E physically installs transformers and/or provides meters for the project to connect to
the electrical grid system that the actual location is positively known. This change order results in
an estimated increase of $12,086.90.
Change Order No. 111 provides compensation to the contractor for settlement of all Notice of
Potential Claims in this project and provides for a determination of the delay in the completion of
the project by granting an additional 180 working days. This time represents all time due to the
contractor for all changes and modifications to the original contract identified to date. With this
Lt; Tdw G:\GROUPDATIADMINRPT\2013\03-20Wdmin Rpt CCO's WSP Phase 2.docx
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change order, 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 contrdctor
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
and 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 $ 3,285,083.00.
Staff recommends approval of Contract Change Order Nos. 78 and 1 11. Change Orders to date,
including these proposed Change Orders, total $16,594,074.32. This is a 21.6% increase over the
original Agreement as illustrated below:
• Original Contract Amount
. Previous Change Orders
. Current Change Order Nos. 78 and 111
. Amended Contract Agreement after Change Orders
Net Increase to date
_ $ 76,572,445.07
_ $ 13,296,904.42
_ $ 3,297,169.90
_ $ 93,166,519.39
_ $ 16,594,074.32
Additionally, much of the added cost for project change orders to date is due to Change Order
No. 21 ($5.9 million) which is for the Kern County Water Agency (KCWA) Box Culvert - an item the
City was always paying for, but which was originally to be constructed by the KCWA. Later, after
the Westside Parkway Phase 2 project hdd bid, KCWA management requested that the City
construct this box culvert as part of the freeway project instead of the KCWA. Also, Change
Order No. 1 for $588,430 was for added work requested and paid for by the North Kern Water
Storage District.
There is no General Fund impact associated with these change orders.
Lt; Tdw G:\GROUPDATWDMINRPT�2013\03-20Wdmin Rpt CCO's WSP Phase 2.docx
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, ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: $. .
TO: Honorable Mayor and City Council APP VED
�
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD '
DATE: March 5, 2013 CITY ATTORNEY �%'
CITY MANAGER d R�
SUBJECT: Accept base bid plus additive alternate no.l and approve contract with Griffith
Company ($854,673.00) for Street Improvements on Masterson Street from SR 178
to Panorama Drive (Ward 3).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: This project will construct Masterson Street from State Route 178 to Panorama
Drive. The project realigns Masterson Street to its ultimate location at State Route 178. The
existing alignment of Masterson Street at the intersection of SR 178/SR 184 will be removed and
permanently closed. This project is funded with assessment district bond proceeds. The
Engineer's Estimate for this construction contract was $1,060,000. Sufficient funds are
budgeted to award the contract.
On February 28, 2013, a total of five bids were received; all of those bids are acceptable.
Those acceptable bids are as follows:
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County)
Granite Construction Company
3005 James Rodd
Bakersfield, CA 93308 (County)
Bowman Asphalt, Inc.
3527 Brian Way
Bakersfield, CA 93308 (County)
C.A Rasmussen, Inc.
28548 Livingston Avenue
Valencia, CA 91355
Raminha Construction, Inc.
6805 Sycamore Road
Atascadero, CA 93422
in the amount of
in the amount of
in the amount of
in the amount of
in the amount of
PW/Design Engineering/nsg/T9K129
3/12/2013 12:16 PM
G:\GROUPDATWDMINRPT12013\03-20\Street Improvements on Masterson Street.docx
$854,673.00
$862,043.00
$889,349.00
$984,756.70
E, •: :- ��
� ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM:
DATE:
SUBJECT:
Nelson K. Smith, Finance Director
March 5, 2013
Accept bid and
exceed $124,250)
(Wards 1, 6)
DEPARTMENT HEAD lVS
CITY ATTORNEY
CITY MANAGER �
approve contract to Precision Fertilizer Spreading (not to
for the annual provision - Hauling and Spreading Biosolids.
RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract.
BACKGROUND: Invitations to bid were sent to all registered bidders for bio-solids
management senrices for the Annual Contract for Houling and Spreading Biosolids for the
Public Works Department Wastewater Division. The bid required suppliers to provide a price
per ton for loading, hauling, weighing and spreading dried biosolids from Wostewater
Treatment Plants No. 2 and 3 to field locations as directed by City staff. One bid, from the
City's current contract holder, Precision Fertilizer Spreading was received in the amount of
$17.75 per ton. Based on department workload estimates this equates to a total dollar
estimate of $124,250. Precision Fertilizer Spreading has performed this specialized service for
the City since 1997.
Staff finds the bid to be acceptable and recommends approval of the contract to Precision
Fertilizer Spreading. The contract is renewable annually for four consecutive one-year periods
at the City's option and upon mutually agreeable terms. Sufficient funds are available in the
Sewer Enterprise Fund for this service.
Purchasing Division/kb
S:�PURCHWDMIMAdmin 12-13WC Hauling and Spreading Biosolids, 12-13�2, March 20, 2013.doc
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MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITE11A: �. �iq •
TO: Honorable Mayor and City Council APPROVED
l�.!�
DATE:
Nelson K Smith, Finance Director
March 6, 2013
DEPARTMENT HEAD
CITY ATTORNEY �d'
CITY MANAGER �
SUBJECT: Sale of Surplus Glock 22 pistols and Remington 870 Shotguns:
1. Award bid for purchase of thirty (30) Glock 22 pistols and ten (10) Glock 27
pistols to Proforce Law Enforcemenf, Prescott, Arizona in the amount of
$17,769.75.
2. Appropriate $33,768 revenue from the sa(e of surplus of eighty two (82)
Glock 22 1 Sf generation pistols and sixty three �63) Remington 870 shotguns
to the Police Deportment operating budget within the General Fund.
RECOMMENDATION: Staff recommends approval of the purchase and the appropriation.
BACKGROUND: The Bakersfield Police Department has a surplus of �ighty two (82) out of
service 1 St generation Glock pistols with associated magazines and sixty three (63) out of
service Remington 870 shotguns.
Competitive bids were solicited from Glock dealers for the purchase of thirty (30) Glock 22
Generation 3 pistols, ten (10) Glock 27 Generation 3 pistols and the trode-in �sale of surplus) of
eighty two (82) l st generation Glock 22 pistols and sixty three (63) Remington 870 shotguns.
Two (2) responses were received in response to solicitation. The bids were evaluated in
consideration of the pricing of the purchase of new pistols and trade in value offered for the
surplus pistols and shotguns. Proforce Law Enforcement submitted the proposal offering the
best overall offer to the City and has guaranteed that these weapons are not for public resale.
BIDDER
' Proforce Law Enforcement
L.C. Action Police Supply
Totcl hade-in
(aale of surplus)
$33,768.00
$30,495.00
Total Purchas� Prlce �
\� j
(30) Glock Z2 and =
.��10� Glock 27�lstol:_;
$17,769.75
$17,587.00
Balance
r�molnin� for
futur� purchases
$15,998.85
$12,908.00
Staff recommends acceptance of the proposal from Proforce Law Enforcement and sale of
surplus Glock pistols and Remington Shotguns.
S:�PURCHWDMINWdmin09-10\Glock Trade-in and Purchase, January 27, 2010
March 13, 2013, 8:48AM
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1
MEETING DATE: March 20, 2013
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 26, 2013
AGENDA SECTION: Consent Calendar
ITEM: Q' . In4,
APPROVED
DEPARTMENT HEAD /��
CITY ATTORNEY ��'
CITY MANAGER ST
Acceptance of Audit Reports for the 2011-12 Fiscal Year
1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2012.
2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2012.
3. Single Audit Report — Schedule of Federal Expenditures for the City of Bakersfield for the
fiscal year ended June 30, 2012.
4. Independent Auditors Report — Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2012.
5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2012.
6. Independent Auditors Report — Rabobank Arena, Theater, Convention Center, Bakersfield Ice
Sports Center 8 Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2012.
RECOMMENDATION
BACKGROUND:
Budget and Finance Committee Recommends Acceptance of the Reports.
The above referenced audit reports were provided to the City Council at their January 9, 2013
meeting. The Council referred the reports to the Budget and Finance Committee for review and
discussion.
The Budget and Finance Committee met on February 25, 2013 and reviewed the audit reports with
City staff and the independent outside audit firm of Brown Armstrong. As a result of that meeting the
Budget and Finance Committee recommended the various reports be accepted by the City Council.
S�. WtlminlAdmin Reports�2012 CAFR bud fln back lo council.docx February 28, 2013, 10�b6AM
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MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: Q rr _
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 14, 2013
AP OVED
DEPARTMENT HEAD
CITY ATTORNEY ��
CITY MANAGER S
SUBJECT: Mid-Year Appropriations for Various Divisions within the Public Works Department:
l. Appropriate $900,000 Sewer Enterprise Fund balance (Wastewater Treatment
Plants No. 2 and No. 3) to the Public Works Department's Operating budget to
fund additional electrical and repair 8� maintenance costs caused by co-gen
failure at both Plants (Wards 1 and 6).
2. Appropriate $1 15,000 Sewer Enterprise Fund balance (Wastewater Treatment
Plant No. 3) to the Public Works Department's Operating budget to fund
replacement of catch basin lids due to theft (all wards).
3. Appropriate $35,000 Gas Tax Fund balance to the Public Works Department's
Operating budget to fund replacement of copper wire for streetlights due to
theft (ali wards).
4. Appropriate and transfer $50,000 Sewer Enterprise Fund balance (Wastewater
Treatment Plant No. 3) to the Public Works Department's Operating budget
within the Equipment Management Fund to retrofit two existing trailers for
biosolids spreading to compiy with a General Order issued by the State Regional
Water Quality Control Board (Wards 1 and 6).
RECOMMENDATION: Staff recommends approval of appropriations and transfer.
BACKGROUND: Several unforeseen items developed in the current fiscal year which require
additional funding. Foilowing are justifications for each of the above appropriation requests:
Subject 1-$900,OOQ Appropriation for Additional Electriccl and Repcir 8� Maintenance Costs:
Because of complex cogeneration (cogen) equipment issues, current year projected
electrical and maintenance costs for both Plants 2 and 3 will exceed adopted budget
estimates. At Plant 2, the two cogen engines have been down for a large part of the year.
Some of the downtime was necessary because of new regulations from the San Joaquin
Valley Air Pollution Control District (2012 Title V Greenhouse Gas permits). A major overhaul of
the larger of these two engines is currently underway. Engine parts must be shipped from
overseas because of the uniqueness of this cogen equipment. These parts should be on-site
within 60 days. The cogens will then be fully operational as soon as possible after the new parts
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G:\GROUPDAT\ADMINRPT�2013\03-20\Midyr Approp 12-13.doc
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are installed. Estimated shortfall for Plant 2 is $400,000, including $200,000 in electrical costs and
$200,000 in repair & maintenance costs.
At Plant 3, the cogen issues are similar to Plant 2's with the added complexity of more systems
that must operate optimally for high performance of the cogen system. Plant 3 repairs include
digesters that must be cleaned and safety equipment that must be repaired in order to
generate the gas needed for the cogen system. Plant 3 is also subject to the new 2012 Title V
Greenhouse Gas regulations, which requires the City to modify other cogen system equipment
such as the methane gas flare. Major repairs to the sludge heating system portion of the
cogen system were recently completed. These major equipment repair items have prevented
the cogen from generating electricity savings to its potential. The cogen is expected to be fully
operational at the start of the next fiscal year. Estimated shortfall for Plant 3 is $500,000,
including $400,000 in electrical costs and $100,000 in repair 8� maintenance costs.
Staff recommends the appropriation of $900,000 Sewer Enterprise fund bolance to cover
increased costs for both Plants.
Subject 2-$115,000 Appropriation for Replacement of Catch Basin lids Due to Theff: Over the
last several months, approximately 70 of the City's catch basin manhole lids have been stolen.
For safety reasons, the manhole lids must be replaced as soon as possible. To deter future
thefts, staff is researching options for a theft resistant lid. The Police Department has been
made aware of this issue and is taking steps to deter this type of theft. Funds were not
budgeted within the Street Division's storm maintenance budget to cover replacement of the
stolen manhole lids. Staff recommends the appropriation of $1 15,000 of Sewer Enterprise fund
balance to cover the cost of replacing the lids.
Subject 3-$35,000 Appropriation for Replacement of Copper Wiring for Streetlights Due to
Theft: Copper wire theft has become a significant problem. Street light wire and pump station
wire are stolen on a continual basis due to the value of scrap or salvage copper. The cost to
purchase new wire to replace the stolen wire is also at an all-time high. Staff is researching
potential options to deter future thefts. The Police Department is actively investigating and
pursuing these thefts and recently arrested an individual involved in stealing copper wire.
Funds were not budgeted within the General Services' operating budget to cover
replacement of the stolen copper wiring. Staff recommends the appropriation of $35,000 Gas
Tax fund balance to cover the cost of the stolen wiring.
Subject 4-$50,000 Appropriation and Transfer to Retrofit Two Existing Trailers for Biosolids
Spreading: Biosolids (treated sludge) from Plant 3 are spread and applied to City-owned
farmland. The State Water Resources Control Board both permits and monitors the City's
spreading operations to ensure that biosolids are applied agronomically. Changes to current
spreading operations for Plant 3 are required to fully comply with permit requirements. These
changes for Plant 3 spreading operations will be phased in over two years. Staff requests
gl
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$50,000 of funding in the current fiscal year to retrofit two existing trailers which are required for
the City's spreading operations. The FY 13/14 proposed budget will also include requests for
additional equipment needed for the spreading process.
Staff recommends the appropriation of $50,000 Sewer Enterprise fund balance in the current
fiscal year to cover the cost of retrofitting the two trailers. As additional information, spreading
operations at Plant 2 fully comply with State permit requirements.
There is no General Fund impact associated with any of the above appropriations and
transfer.
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G:\GROUPDAT\ADMINRPT�2013\03-20\Midyr Approp 12-13.doc
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� ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar
ITEM: , dd ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Chris Huot, Administrative Analyst III
March 11, 2013
DEPARTMENT H
Siemon Park Spiash Pad Project Funding (Ward 3):
CITY ATTORNEY
;�3� �'1
• .
1) Appropriate and transfer $131,500 in Transient Occupancy Taxes Fund balance to the
Parks Department Capital Improvement budget within the Capital Outlay Fund to fund the
balance of the splash pad project at Siemon Park.
2) Appropriate $175,000 in Park Development Fund balance (Central Zone 2) to the Parks
Department Capital Improvement budget within the Park Development Fund for the splash
pad project at Siemon Park.
3) Appropriate $34,000 in Park Acquisition Fund balance (Central Zone 2) to the Parks
Department Capital Improvement budget within the Park Development Fund for the splash
pad project at Siemon Park.
RECOMMENDATION: Staff recommends the appropriation and transfer of $340,500 from the various
aforementioned funds to the Parks Department Capital Improvement budget within the Park Development
Fund for the splash pad project at Siemon Park to fund the balance of the splash pad project at Siemon
Park.
BACKGROUND: At the November 14, 2012 City Council meeting, the Council approved the amenity
replacement plan for the pool at Siemon park with a total estimated project cost of $550,000. To date,
$209,500 has been appropriated to the project by the City Council in finro separate actions. The latest
action approved during the February 13, 2013 meeting allowed staff to move forward with the purchase of
the wet playground equipment, which typically takes up to 16 weeks to receive.
Council actions to date leave a balance of $340,500 needed to fund the remainder of the project. The
recommended appropriations and transfers would fulfill the outstanding funding obligation for this project.
The Transient Occupancy Tax Fund (Hotel Tax), Park Development Fund and Park Acquisition Fund have
available balances to cover the project balance amount.
As conveyed in earlier communications to the Council, staff estimates the spray park can be operational
by July 1, 2013, contingent upon approval of the remaining needed funding and no unanticipated delays.
3/11/13
S:\Chrls Huot\ProJects\Parks Community MeetingsWdmin Slemon ProJect Balance Funding 3.5.13.doc
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ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013 AGENDA SECTION: Successor Agency
ITEM: ,
TO: Honorable Mayor and City Council APP�
FROM:
DATE:
SUBJECT:
Nelson K. Smith, Finance Director
March 7, 2013
DEPARTMENT HEAD
CITY AITORNEY
CITY MANAGER �
Receive and file successor agency payments from February 21, 2013 to
March 7, 2013 in the amount of $38,489.18
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
S:\Kim G\ADMIN � SA\COUNCIL-ADMIN-SA-20131ADMIN�SA 03-20-13.doc
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ADMINISTRATIVE REPORT
MEETING DATE: March 20, 2013
TO
FROM:
DATE:
Honorable Mayor and City Council
AGENDA SECTION: REPORTS
ITEM: I I. Ol .
Douglas N. Mcisaac, Community Development Director
March 14, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGERS
SUBJECT: Exclusive Negotiation Agreement with Golden Empire Affordable Housing, Inc. II for
the development of 56 units of affordable veterans and senior ho�sing units
located at 424 20th Street. (Ward 2)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND:
As further explained below, staff is recommending approval of an Exclusive Negotiation
Agreement (ENA) with Golden Empire Affordable Housing, Inc. II (GEAHI-II) in order to assist in
attracting additional outside funding for the proposed 20fh Street Veterans 8� Senior Housing
Project. The project proposes to construct 56 much-needed affordable rental units for homeless
veterans and seniors on city-owned properfy at 424 20'" Street.
In 2009, the former Bakersfield Redevelopment Agency received a$10.8 million Proposition 1C
(Propl C) grant from the State of California to construct infrastructure in support of five specific
affordable housing projects as part of the Mill Creek redevelopment project. One of the housing
projects that the City is contractually-obligated to complete (as the Housing Successor Agency
of the dissolved Bakersfield Redevelopment Agency) is the 20th Street Housing Project. If the City
is unable to construct the project, the City may be at risk to repay approximately $3 million to the
State Department of Housing and Community Development as required by the Prop1C grant
agreement.
In Spring 2012, staff began negotiations with GEAHI-II (which is the non-profit construction arm of
the Housing Authority of the County of Kern) on the financial deal points of the project. Stoff finds
that GEAHI-II's performance on other City-assisted specialized affordable housing projects, such
as the Residences at West Columbus (housing for emancipated youth) and Haven Cottages
(housing for very low-income persons), makes that organization an excellent candidate to
successfully implement the 20'h Street Veterans and Senior Housing project. Additionally, GEAHI-
II's status as a non-profit Community Housing Development Organization (CHDO) optimizes the
funding options available for the project.
However, prior to execution of a Disposition and Development Agreement (DDA) for the project,
the State Department of Finance jDOF) denied $3 million of (former) Redevelopment funding
S:\Dana\ADMINS\2013\MARCH\3-20-GEAHI ENA 20th Street.Doc
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ADMINISTRATIVE REPORT � Pa9e 2
that was specifically designated for the project as a contractual obligation of the Propl C grant
agreement. The City has filed legal action against the DOF to reinstate this funding, which the
City believes was improperly denied. The outcome of that legal action is currently pending.
In the event that the City's effort to reinstate the $3 million of (former) Redevelopment funding is
unsuccessful, staff has identified other resources to fill the financing gap. Specifically, the City is
required by HUD to set aside 15 percent of annual HOME funding for CHDO projects. Likewise, a
CHDO (acting as a Community Based Development Organization) is the only development entity
that is permitted to utilize Community Development Block Grant (CDBG) funding for the
construction of new affordable housing. Thus, staff has identified sufficient current year and
future CDBG and HOME CHDO funding to fill the Redevelopment financing gap.
Currently, GEAHI-II, in cooperation with the Housing Authority, is continuing to pursue other
resources in order to improve the chances of receiving Low Income Housing Tax Credits as a key
component to project financing. One such funding source currently being pursued is the award
of $550,000 in Assisted Housing Program (AHP) funding from the Federal Home Loan Bank.
Eligibility for this funding, like many similar funding programs, requires that the grantee have site
control. Under the contemplated DDA, part of the City's contribution to the project would be to
deed the site to GEAHI-II. Since this has not yet been done, GEAHI-II does not currently have the
required site control.
In order to remedy this, it has been determined that execution of an ENA between the City and
GEAHI-II would minimally meet the AHP funding requirement for site control. As proposed, the
ENA would be for a period of 180 days with an option for a 90-day extension. During this period,
the City would be required to negotiate the terms of a DDA �xclusively with GEAHI-II, which is
already the City's intent. The ENA, however, does not obligate the City to enter into a DDA if
satisfactory terms cannot be negotiated. In the event that the project Redevelopment funding is
not reinstated, staff anticipates that the City will have sufficient CDBG and HOME CHDO funding
to fill the financing gap prior to expiration of the ENA, and move forward with the project to
avoid the potential repayment of approximately $3 million to the State of California.
The task of completing the City's obligation to construct the five housing projects related to the
City's Mill Creek Prop 1 C grant continues to be a priority, albeit a challenging one due to the
State's dissolution of redevelopment and the subsequent attempts by the Department of
Finance to withhold committed funding. The Prop 1 C grant that the City received in exchange
for the commitment of housing has allowed such projects as the Mill Creek Linear Park, the Q
Street improvements, and the Sister City Garden Parks to be constructed, thereby helping to spur
the revitalization of the westerly portion of downtown. The housing projects themselves are also
helping to bring new investment and improvements to the area.
Of the five Mill Creek housing projects, the 20'h Street project is particularly unique in that it will
provide housing for military veterans who are homeless or at risk of becoming homeless. The
Housing Authority was successful in obtaining project-based veterans housing vouchers for the
20'h Street project that will ensure that the housing units will be fully occupied by veterans most in
need of affordable housing.
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ADMINISTRATIVE REPORT
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The $550,000 in Federal Home Loan Bank assistance that Golden Empire Housing is pursuing will
make the project more financially viable and enhance its standing to receive needed tax credit
financing. The proposed ENA is needed to allow Golden Empire to be qualified for this financing.
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MEETING DATE: March 20, 2013 AGENDA SECTION: New Business
ITEM: � �: Cl.
TO:
FROM:
DATE
Honorable Mayor and City Council
Alan Tandy, City Manager
March 12, 2013
SUBJECT: Facilities Management
Management Services
Bright House Networks
Sporfs Center
Agreement with AEG
for Rabobank Arena,
Amphitheater; and Son
DEPARTMENT HEAI
CITY ATTORNE'
CITY MANAGE
Management Ba
Theater and Convention Center;
Joaquin Community Hospital Ice
RECOMMENDATION: Staff recommends approval of the contract with AEG for the
management of the above referenced City facilities for a ten-year period with an option to
renew for five additional years.
BACKGROUND: The Convention Center opened in 1962. It operated as a City-staffed
facility until the opening of the Rabobank Arena (then Centennial Garden) in 1998. At that
time, the City issued a Request for Proposals (RFP) to acquire a private-sector firm to manage
both the Arena and Convention Center. Ogden Entertainment was selected. After several
years, they were purchased by SMG, who has operated the facilities since then. Later, when
the San Joaquin Community Hospital Ice Sports Center and Bright House Networks
Amphitheater were constructed, those facilities were added to the management 4greement
through amendments.
The privatization of the operation of the facilities has been a success and, the City has generally
been pleased with the services of both Ogden and SMG. The operating deficit of the
Convention Center, as staffed by the City in its last year, was $850,000. The operating deficit of
the combined facilities that began as two, then three, and then four, has ranged from $713,621
to $189,187, all better than the time when they were run by the City, despite the addition of
venues.
The contract with SMG expires June 30, 2013, so staff has been going through the RFP process
again to select the best firm and proposal available.
Staff wishes to thank SMG for the relationship and performance over the years. After careful
review, however, staff is recommending a contract with AEG for the following primary reasons:
• AEG's proposal guarantees that the City's annual loss will never exceed $415,718, which
was a highly significant factor in the evaluation process. AEG's commitment indicates
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ADMINISTRATIVE REPORT
that they are extremely confident in their ability to book additional events and generate
revenue, and thereby improve the financial performance for the facilities, which has
resulted in an annual net loss of greater than $415,718 for each of the last four
consecutive years, and in eight of the past fourteen years.
If such a guarantee had been in place during the last fourteen years, the City would
have saved over $1,068,338. AEG's willingness to cap the City's annual losses and,
thereby, assume a position of financial risk, is strongly indicative of their ability to perform.
• The fee guarantee will result in greater ability for the City to budget and plan expenses
for the facilities.
AEG is based in Los Angeles; the close proximity of their corporate headquarfers to
Bakersfield will allow for more frequent contact with their top-level management. They
have pledged that they will be closely involved with local management and will
contractually commit to quarterly meetings with the City for consultation and
performance assessment.
AEG is the only management company that directly owns or controls concert and sport
event programming. Their subsidiary company, AEG Live, is the second largest booking
firm in the world and has strong relationships and influence with performers, managers
and agents that will provide a distinct advantage in securing events for the Bakersfield
facilities.
• AEG has committed to retaining the existing staff of the current management company.
They are well experienced in the transitional process and have assured us they will work
with the City and the employees to ensure a smooth change in management on all
levels, including the employment, operational and financial aspects of the change.
• AEG's fee proposal also includes a$950,000 financial commitment, comprised of the
following components, which will also be included as specific contractual provisions:
o An event development fund: $250,000
o Real estate consulting services: $200,000
o A capital contribution: $500,000
The $250,000 event development fund can be used to underwrite "big name"
performances that may not otherwise consider our facilities.
The commitment to provide $200,000 in real estate consulting with AEG's team of experts
will be a major factor in finally completing the mixed-use development for the South Mill
Creek area. AEG has demonstrated major success with the development of the L.A. Live
complex adjacent to Staples Center, as well as other commercial developments
throughout the world. They have established partnerships with several well-known
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restaurant entities, which wili greatly assist in our efforts to secure the restaurants needed
for the Mill Creek and Maya Cinemas areas.
AEG will provide an additional source of revenue with their national and worfd-wide
marketing relationships, which will be advantageous in securing new sponsorships, further
increasing positive exposure of the facilities and the community.
The $500,000 capital contribution will be immediately available and can be used at the
City's discretion. We wouid like to utilize a portion of the funding to make improvements
at Bright House Networks Amphitheatre, adding more restrooms and making some
modifications to the existing bench seating to make it more comfortable. The oddition of
those improvements will make the amphitheatre a more attractive venue for artists and
the public, allowing us to more fully utilize the outdoor season to book more events there.
Other improvements are also under consideration, such as curtdining for the Rabobank
Theater to block off the top tier of seating. A curtaining system would create a seating
capacity similar to the size of the Fox Theatre, which would allow us to be more
competitive in booking performers and events that currently will not consider the
Rabobank Theater, because they require a smaller indoor venue.
• The City previously worked with AEG in 2010 and 2012 when Bakersfield was a host city for
the Amgen Tour of California, and they have promised to work with the City to maximize
the presence of Bakersfield in future stage planning for the professional bicycling event.
• AEG manages or owns four other faci►ities in California, which do not create any
geographical conflicts of interest, but will provide opportunities for inclusive bookings.
• AEG has also stated that they have no interest in managing the civic facilities in Fresno
and will contractually promise not to participate in any proposal processes for those
facilities while under contract with the City of Bakersfield.
• Their proposal included a commitment to bring a Los Angeles Kings preseason game to
Bakersfield every year, and for the Galaxy professional soccer team to stage community
clinics at the Sports Village complex.
• AEG has demonstrated a high level of professionalism and positive enthusiasm, not only
for the City's civic facilities, but also for Bakersfield, in general. They will be a responsible
and involved community partner.
• SMG has managed the City's civic facilities for fourteen years. They have done a good
job and are to be commended and thanked for their service. They also submitted a very
solid proposal that included a low management fee and a$1,000,000 capital
contribution for capital facilities and event development, However, AEG's loss
guarantee, along with their increasing industry stature in booking events, ultimately out-
weighed SMG's proposal.
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Although SMG's management fee is, at first glance, lower than AEG's, staff has done an
evaluation of the total existing and potentiai costs to the City to operate under each firm. (See
attached). The financial guarantees offered by AEG result in an improved financial outiook for
the City under most hypothetical scenarios, as well as for each of the last four years and eight
of the fourteen under SMG. Staff has no objection to paying a higher fee to the management
company that is performance based, as long as the City's finances improve.
The Facilities Management Agreement contains mutual indemnities, that is, both AEG and the
City will agree to indemnify the other for their respective negligence, unlawful acts, and breach
of the agreement. Additionally, the City will agree to indemnify AEG for any non-compliance
with existing laws prior to July 1, 2013, any structural defect or unsound operating conditions
related to the Facilities and surrounding premises, non-compliance with pre-existing agreements
for concessions, etc., and any legal claims occurring prior to July 1, 2013.
In summary, staff believes the combination of sponsorship opportunities, a concert promotion
arm, and history of developing land in areas surrounding venues of the type the City owns, are
the true upside potential of AEG.
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BAKERSFIEID CITY COUNCIL
MINUTES
MEETING 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.
'r�
3.
ROLL CALL
Present: Vice-Mayor Weir, Councilmembers
Maxwell, Smith, Hanson, Sullivan, Johnson
Absent: Mayor Hall
PUBLIC STATEMENTS
None.
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.
Motion by Councilmember Hanson to adjovrn fo
Closed Session at 3:34 p.m.
Motion by Councilmember Maxwell fo adjourn from
Closed Session af 5:15 p.m.
4. CLOSED SESSION ACTION
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.
ACTION TAKEN
APPROVED
APPROVED
NO REPORTABLE
ACTION
EVALUATION WAS
FAVORABLE
Bakersfield, California, March 6, 2013 — Page 2
4. CLOSED SESSION ACTION continued
Item 4.b. continued
Vice-Mayor Weir announced lt was a good evaluation
and requested thof the Cify Aitorney amend the
contract to make the avtomobile longuage consistenf
wlth fhat of Management and Departmenf Heads.
5. ADJOURNMENT
Vice-Moyor Weir adjourned the meeting at 5:17 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 - 5:18 p.m.
1. ROII CALL
Present: Mayor Hall, Vice-Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None.
2. INVOCATION by Pastor, Dr. V.K. Jones of The People's
Missionary Baptist Church.
3. PLEDGE OF ALLEGIANCE by William Connolly, 3�d grade
student at Christa McAuliffe Elementary School.
Mayor Hall acknowledged the students from the Bakersfield
College political science class and the Ridgeview High
School government class in attendance at the meeting to
learn about City government.
ACTION TAKEN
Bakersfield, California, March 6, 2013 — Page 3
4. PRESENTATIONS
a. Presentation by Mayor Hall of a retirement
plaque and gift certificate to Aaron Moore.
Mr. Moore accepted the plaque and gift
certificate, and made comments.
5. PUBLIC STATEMENTS
a. Jeff Hayward, Director of Catering at the
Bakersfield Marriott and the 2013 Chair of the
Downtown Business Association, provided an
update on the activities of the Downtown
Business Association; invited the Council to
attend the next DBA Steering Committee
Meeting at 9:00 a.m. on Wednesday, March
13'", at the University of LaVerne; and submitted
written material.
b. Louis Medina, with United Way of Kern County,
and Homelessness Project Manager for the Kern
County Homeless Collaborative, provided an
update on the Homeless Census and the
Homeless Collaborative; and submitted written
material.
c. Jim Wheeler, newly-elected Chair of the Kern
County Homeless Collaborative, spoke
regarding progress being made with the
homeless encampments in the Oildale and river
areas, as well as the homeless in downtown.
d. Ray Scott, Keep Bakersfield Beautiful Board
Member, provided an update on the Great
American Cleanup and Green Expo; and
submitted written material.
e. Robert Braley spoke regarding the Centennial
Corridor Project and asked the City Council to
put local jobs, local roads, and the people of
Bakersfield first and not the freeway.
Nora Weber spoke regarding a marijuana
dispensary at 18'" and V streets, and requested
a traffic signal be placed at that intersection,
as well as a no U-turn sign; and pointed out that
a school bus stops and drops children off at the
corner of the alley between 18t" and 17t"
streets, and she is concerned about their safety
due to the traffic volume and speeding from Q
Street to Union Avenue.
ACTION TAKEN
Bakersfield, California, March 6, 2013 - Page 4
5. PUBLIC STATEMENTS continued
Councilmember Maxwell asked the City
Afforney to see if there is something that we
can do to let the people af thaf dispensary
know fhat we would like them to comply wlth
the laws and to operate c business fhaf we can
be proud of.
Councilmember Maxwell stated, regcrding
Mr. Braley's comments cbout the Centennicl
Corridor Project, that he has represented his
constituents to the City Council, to Air Alert,
and to the City, ond encouraged the people of
the Westpark neighborhood who wcnt to fight
this project to stand together, and they mcy
prevail.
g, Tim Palmquist spoke regarding a sign at the
Planned Parenthood facility on 16'h Street that
has been placed in a public right of way in an
area that is several feet from the right of way
line, and asked the City Council to consider
whether they can do something about seeing
that these signs are moved out of the public
right of way and to notify Planned Parenthood
that it is unlawful for them to intimidate people
who are exercising their First Amendment rights;
and he again asked the City Council to
consider adopting a Human Life Ordinance.
h. Marvin Dean spoke regarding Consent
Calendar items 8.e., f., g., j., I., m., n., q., and o.;
and submitted written material.
Brandy Midkiff, Systems Change Advocate with
the Independent Living Center of Kern County,
spoke regarding ensuring that people with
disabilities are able to safely access all bus
stops within the City limits of Bakersfield, and
asked that steps be taken to continue the
process of painting approximately 300
remaining bus stop curbs to allow for no parking
zones.
Councilmember Johnson asked staff to report
back wPth an updafe on where we're af on this,
whether it is still )n commiffee, and lf need be,
based upon fhat report, then he follow up with
City staff afferwards.
ACTION TAKEN
Bakersfield, California, March 6, 2013 - Page 5
5. PUBLIC STATEMENTS continued
j. Cadet Senior Airman Wardlow and Monty
Morgan spoke in support of Ms. Midkiff's
comments regarding bus stops.
William Chipp asked for a Good Samaritan
declaration in order for our City leaders to
recognize the special people in Bakersfield.
Shirley Park, from the Head Start Center,
thanked Mayor Hall and Councilmember
Johnson for reading to the children at the
Center during the "Read Across America"
Campaign; and she presented them with
posters and cards made by the children.
m. Phil Ganong spoke regarding qualified patient
associations, advised he would like to start a
liaison with the City Attorney and the City
Council to try to propose an ordinance that
balances the community concerns about
marijuana dispensaries, and would encourage
an invitation to participate on any committee
that might engage in ordinance drafting.
6. WORKSHOPS
None.
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.
City Clerk Gafford announced that three
applications were received for this position.
ACTION TAKEN
Moflon by Councilmember Johnson fo appoint APPROVED
Chrlsf)an Parller as fhe Ward 7 Alfernate
member, on fhe Keep Bakersfield Beautiful
Commltfee, which term will expire in
November, 2014.
Bakersfield, California, March 6, 2013 — Page 6
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:
ACTION TAKEN
c. Adoption Ordinance adopting a Negative ORD 4719
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'/<
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 RES 024-13
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. Resolution supporting litigation against RES 025-13
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.
8.
Bakersfield, California, March 6, 2013 — Page 7
CONSENT CALENDAR continued
Resolution approving the Memorandum of
Understanding, setting salaries and related
benefits for employees represented by the
Bakersfield Police Officers Association.
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 4-1 12
(101 S. Union Avenue)
2. ROI No. 1739 to add Area 4-1 13 (501
& 503 E. 215t 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.
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.
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.
ACTION TAKEN
RES 026-13
ROI 1738
ROI 1739
AGR 13-021
AGR 13-022
AGR 13-023
ABS JOHNSON
AGR 13-024
Bakersfield, California, March 6, 2013 — Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Amendment No. 2 to Ground Lease Agreement
No. 92-255 (1) with Gina Shields assigning
Hangar Space A1 to Bobby Baker.
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)
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)
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.
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.
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.
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. (deferred from fhe meeting of
2/13/13)
AGR 92-255(2)
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 12-118(1)
AGR 12-099
CC04
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 12-069
CC015
REMOVED FOR
SEPARATE
CONSIDERATION
8.
Bakersfield, California, March 6, 2013 - Page 9
CONSENT CALENDAR continued
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.
v. Accept bid and approve contract with Flatiron
Electric Group, Inc. ($108,880), for street light
improvements in Tract 2548.
�
�
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.
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.
ACTION TAKEN
AGR 13-025
AGR 13-026
AGR 13-027
RES 027-13
AGR 13-028
Bakersfield, California, March 6, 2013 - Page 10
8. CONSENT CALENDAR continued
Miscelloneous:
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.
Councilmember Johnson announced he would
abstain, due to appearance of a conflict, on item 8.k.
Councilmember Moxwell requested that items 8.m.,
8.n., 8.q., and 8.s. be removed for separate
consideration.
ACTION TAKEN
Motion by Vice-Moyor Welr to adopt Consent APPROVED
Calendar ifems 8.a. through 8.aa., wlfh the removal of
items 8.m., 8.n., 8.q., and 8.s. for separafe
consideration.
m. Amendment No. 4 to Agreement No. 09-058 AGR 09-058(4)
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)
Councilmember Maxwell made a motion to delay the
confracf until we have more lnformatlon on Consent
Cclendar items 8.m. and 8.n., and thaf we go ahead
and approve Consent Calendar Ifem 8.q.
Councllmember Moxwell adjusted hls mofion to
approve Consenf Calendar items 8.m., 8.n., and 8.q.,
as recommended by sfaff.
Motion by Councilmember Moxwell to adopt Consent APPROVED
Calendar Item 8.m.
8.
9.
10.
11.
12.
13.
Bakersfield, California, March 6, 2013 — Page 11
CONSENT CALENDAR continued
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)
Motion by Councllmember Maxwell to adopf Consent
Calendar Item 8.n. as recommended by sta�:
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.
Motion by Councilmember Maxwell to adopt Consent
Calendcr Item 8.q. as recommended by staff.
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. (deferred from fhe meefTng of
2/13/13)
Motion by Councilmember Maxwell to adopt Consent
Calendar Item 8.s., and asked that stcff look �nto
hov)ng enough frucks in reserve so cll the drivers can
be utilized to provide servlce.
CONSENT CALENDAR PUBLIC HEARINGS
None.
HEARINGS
None.
REPORTS
None.
DEFFERED BUSINESS
None.
NEW BUSINESS
None.
ACTION TAKEN
AGR 09-028(2)
APPROVED
AGR 10-168
CCO10, CC036
APPROVED
APPROVED
Bakersfield, California, March 6, 2013 - Page 12
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson advised he had been
contacted by a constituent regarding having the
California Highway Patrol provide more litter
enforcement on Highway 58, and he csked City
Manager Tandy to address that issue.
City Manager Tandy responded that the City is
negotiating for revenue sources with Caltrans to
improve litter pickup and with KernCOG, in
collaboration with the Sheriff's Department and the
California Highway Patrol, which will result in more
physical cleanup as well as frequent enforcement
activities; and he anticipates having the contracts
come before Council in the next month.
Counclimember Johnson asked staff to look into
putting together recognifion for Bill of RJghts Day in
Bakersfield on December 15rh, and he provided a
sample resolufPon and a packet of informction, and
suggested Jnvolving the Kern County Heritage
Commisslon in thls effort.
Councilmember Johnson thanked the Police
Department for the resolution of the issue with the
vacant property on Raymond A. Spruance Court.
Councilmember Johnson osked that the issue of a
report regarding additional Police Department staffing
levels be puf on the agenda for the March 21sr Safe
Nelghborhoods CommJttee meeting.
Councilmember Hanson advised he was pleased
about the resolution on tonight's Consent Calendar
approving the salary issues with the BPOA.
Councilmember Hanson advised he had a request fo
reduce some walls fhat run clong the EI Portal arec on
Gosford Avenue from Ming Avenue fo Stockdale
Highway, due to deterforation; and he asked fhe Clfy
Manager fo address the issue of reserving for fhis type
of expense in the presenfatlons for the upcoming year.
Councllmember Hanson asked the Cify Manager to
address, in the budget process, the issue of the impacf
of using ufilify fees, gas taxes and part of the traffic
impact fees fo repoy the bonds to complefe the
Thomas Roads Project, and how if would lmpacf our
employees, our roads and ofher general servJces.
ACTION TAKEN
Bakersfield, California, March 6, 2013 - Page 13
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Maxwell thanked Community
Services Director Mclsaac and Building Director Burns
for taking a personal interest with a long-time business
in their construction project.
Councilmember Maxwell asked staff provide him wifh
the sfctus of his request about changing fhe loading
zone to the front instead of to fhe side at The Mark.
Councllmember Mcxwell osked staff for a follow-up
regarding his previous request obouf the slgnage at c
business on Chester Avenue.
Councilmember Maxwell fhanked Police Chief
Willicroson and Public Works Director Rojas for putting
meters in the Quailwood area and indicated that a
long-term solution to that problem needs to be
devised.
Councilmember Maxwell asked Chief Williamson cnd
City Manager Tandy to look lnto cn internef store on
Oak Street in the Pivaville Mall where there mighf be
some illegal activity and perhaps make the property
owner aware of if.
Councilmember Smith expressed his appreciation to
staff and the Police Department regarding the Police
contract.
Councilmember Smith advised he would like staff to
explore the possibility of doing a shorter term on the
TIFIA loan.
Councilmember Sullivan asked staff fo check info a
problem vacant property In her area, and she
provlded Information to the Cify Clerk.
Councilmember Sullivan commented about the
medicns on Stine Road south of Harris that have been
completed with artiflcial turf, and indicated she would
like to consider doing it in the future as a trend
beccuse it looks good and would simplify the
maintenance and safety issues.
Bakersfield, California, March 6, 2013 - Page 14
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Svllivan advised she is happy with the
progress being made fo take care of fhe litfer pickup;
however, we need a betfer way to discourage liitering
in the �rst place; and she wants to know why and
when the litfer signs on the freeways were removed
and wants fhe Cify to work toward putFing them back
up agafn.
Councllmember Sulllvan advised there was a recent
gathering af the Llberty Bell ond a large cardboard
box with trash was leff there for two weeks, and she
would Ilke to know who is responslble for keeping that
area clean; and she also mentioned thcf she would
like fo see more trash cans around bus stops and at
parades, and to come up with ideas to educate fhe
public to be more carefvl nof fo litter.
Mayor Hall recognized Councilmember Sullivan for her
recent honor as Republican of the Year at the lincoln
Day Dinner, and expressed his appreciation for her
continuing effort and support of the litter issues.
Mayor Hall announced that today he received signed
contracts back from Caltrans which is going to allow
us to activate litter and vegetation control on Highway
178 eastbound; two weeks ago he had approximately
50 volunteers that came out for the Saturday Mayor's
Freeway Cleanup and collected 84 bags of litter at
two locations; and he 1s excited cbout the new
projects and putting people to work, but most
importantly it is all about people having pride in their
community.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:57 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield