HomeMy WebLinkAbout05/01/13_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF MAY 1, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
4. CLOSED SESSION ACTION
5. ADJOURNMENT
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
2. INVOCATION by Minister Hayward Cox, Church of God.
3. PLEDGE OF ALLEGIANCE by Peyton Beckham, 2nd grade student at Patriot Elementary
School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Dee Ann Graham, American Legion
Post 26 President, and Melinda Huston, Poppy Chairman, declaring May 2013, Poppy
Month.
5. PUBLIC STATEMENTS
6. WORKSHOPS
a. Presentation of Proposed FY 2013 -14 Budget. (Alan Tandy, City Manager and Chris Huot,
Administrative Analyst)
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 17, 2013 Regular City Council Meetings.
Payments:
b. Receive and file department payments from April 5, 2013, to April 18, 2013, in the
amount of $18,648,966.61 and self- insurance payments from April 5, 2013, to April 18,
2013, in the amount of $168,778.68 totaling, $18,817,745.29,
Ordinances:
(Ward 4') C. First Reading of Ordinance adopting a Negative Declaration and amending the
Official Zoning Map In Title 17 of the Municipal Code by changing the zoning
(pre- zoning) on 75 acres zoned R -1 (Low Density Residential) and 5 acres zoned E (5)
RS PE (Estate 5 Acres, Residential Suburban Combining, Petroleum Extraction
Combining) in the County of Kern, to the City zone district of R -1 (One - Family
Dwelling) on the entire 80 acres, located at the southwest corner of Renfro Road
and Noriega Road. (ZC# 12 -0463 - McIntosh and Associates representing Black Ops
Real Estate VIII).
(Ward 6) d. First Reading of Ordinance amending Municipal Code Section 1, 12.060 by adding
Annexation No. 556 located along the west side of Stine Road, on the north and
south side of Taff Highway to Ward 6.
e, Road Funding Ordinance Revisions:
1. Adoption of Ordinance amending Chapter 3.04 of the Municipal Code
relating to the Special Gas Tax Improvement Fund.
2. Adoption of Ordinance Authorizing the City Council to establish a special
fund to be designated the "Roads Program Utility Franchise Fee and
Surcharge Fund" to maintain the additional franchise fees and utility
surcharges and the future utility surcharge fees, if any, received or to be
received by the City pursuant to certain electric and gas franchises and
further authorizing the City Council to designate such funds be used solely for
the City's Roads Program and amending and adding sections to Chapter 3,04
of Municipal Code In connection therewith.
(Ward 6,7) f, Adoption of Ordinance amending Municipal Code Sections 1, 12.060 and 1. 12.070
by adding Annexation No. 619 consisting of 45.27 acres located along the south side
of Taff Highway east of South H Street to Ward 7, and Annexation No. 624 consisting
of 17.32 acres located along the east and west side of Stine Road north of Taff
Highway to Wards 6 & 7.
' -upon annexation
City Council Meeting of 05/01/2013
8. CONSENT CALENDAR continued
Resolutions:
g. Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorizing collection of the assessments by the
Kern County Tax Collector.
(Ward 124 -7) h. Resolutions adding the following territories to the Consolidated Maintenance
District and approving, confirming and adopting the Public Works Director's Reports
and authorizing collection of the assessments by the Kern County Tax Collector,
1. Area 4 -114 (3838 San Dimas Street)
2, Area 1 -93 (5000 Commerce Drive)
3. Area 2 -53 (4621 White Lane)
4. Area 1 -94 (10948 Snow Road)
5. Area 3 -87 (5511 Woodmere Drive)
6. Area 3 -88 (Hosking, SR99 South)
(Ward 5) i. Resolution of Intention No. 1747 ordering the vacation of a sewer line easement and
sewer Ziff station easement on the north side of McCutchen Road between Progress
Road and Gosford Road.
Agreements:
). Agreement with Brown Armstrong Accountancy Corporation ($49,200) for a full
scope annual audit of the 2012 -13 fiscal year.
(Ward 4) k. Agreement with Castle & Cooke California, Inc. ($136,000), to purchase real property
located at the southeast corner of San Juan Avenue and Cedmont Drive for a
domestic water well site.
(Ward 3) I. Rosedale Highway Widening and the Mohawk North Extension Projects;
Settlement Agreement with Tricor Energy, LLC, ($1,008,500), for the
reimbursement of costs to relocate facilities being Impacted by the Project
within the Fruitvale Oil Field,
2. Amendment No. 2 to license Agreement No. 08 -093 with Tricor Energy, LLC.
3. Drill Site Agreement with San Joaquin Facilities Management (SJFM, a
subsidiary of Tricor Energy, LLC).
4. Appropriate $1.4 million Developer share project cost to the Public Works
Capital Improvement Budget within the Transportation Development fund for
the Mohawk North Extension project. (TRIP)
(Ward 3) M. Contract Change Order No. 105 to Agreement No. 07 -304 with Security Paving
Construction, ($40,000; revised not to exceed $33,557,593.09), for the State Route 178
and Fairfax Road Interchange Project. (TRIP)
City Council Meeting of 05/01/2013
8.
(Ward 2)
(Ward 7)
(Ward 2)
9.
10.
11.
CONSENT CALENDAR continued
Bids:
n. Reject all bids for Mill Creek Linear Sister City Gardens Phase B.
o. Accept bid from Lehr Auto Electric ($183,018.25), for 50 Panasonic Toughbook
Laptops for the Police Department.
p. Accept bid and approve contract with Bowman Asphalt, Inc. ($170,426), for street
Improvements on Wible Road - Berkshire Road to Panama Lane.
q. Pavement Rehabilitation 2011 Phase 1 - Truxtun Avenue from Mohawk Street to Oak
Street:
Accept bid and approve contract with Griffith Company, ($1,495,495).
2. Appropriate $265,000 additional Federal Surface Transportation Program
Funds to the Public Works Department's Capital Improvement budget within
the SAFETEA -LU Fund,
Miscellaneous:
r. Distribution of $625,000 from the Board of State and Community Corrections to the
municipalities, contract cities and special districts in Kern County in accordance with
the terms agreed upon by the Chiefs of Police, special district, and Kern County
Sheriff.
Successor Agency Business:
S. Receive and file successor agency payments from April 5, 2013, to
April 18, 2013, in the amount of $306,187.13.
Staff recommends adoption of Consent Calendar Items 8a. through 8.s.
CONSENT CALENDAR PUBLIC HEARINGS
HEARINGS
REPORTS
a. Department Budget Presentations:
1. General Government
2. City Attorney's Office
3. Financial Services
4
City Council Meeting of 05/01/2013
12. DEFERRED BUSINESS
13. NEW BUSINESS
a. Initiation of Freeway Litter Program (city - wide);
Delegated Maintenance Agreement with State of California Department of
Transportation ($252,640 for one year) to authorize and provide funding for
the City to remove litter from freeway shoulders and ramps within city limits
with use of contract crews from the Bakersfield Homeless Center.
2. Memorandum of Understanding (MOU) with Kern Council of Governments
($20,000), to provide funding for Initiation of program for remainder of FY
12/13,
3. Agreement with Bakersfield Homeless Center ($561,600 annually; renewable
for four one -year terms), to provide crews to remove litter from freeway
shoulders and ramps within City limits.
4. Appropriation of $252,640 of Caltrans funding and $20,000 of Kern Council of
Governments funding to the Public Works Department's operating budget
within the Refuse Fund,
Community Services Committee and staff recommend adoptlon of Freeway Litter Program
and approval of above agreements and appropriatlon,
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
4/26/13 10:40am
City Council Meeting of 05/01 /2013
AGENDA HIGHLIGHTS
May 1, 2013 COUNCIL MEETING
REGULAR MEETING - 3:30 p.m.
NOTE: in accordance with the new starting time for City Council meetings that went Into effect as of
2013, a separate meeting will be called to order at 3:30 p.m., followed by Public Statements that will
encourage comments pertaining only to Closed Session matter, The Council will recess Into Closed
Session and, upon conclusion of the Closed Session, any Closed Session action will be announced and
the meeting will be adjourned. At 5:15, the Regular Meeting will be called to order to address the
remainder of the agenda Items.
Item 3a. There will be a conference with the Labor Negotiator.
REGULAR MEETING - 5:15 p.m.
The City Manager's Office will present a detailed overview of the FY 2013 -14 Proposed Budget,
including the Operating and Capital Improvements budgets. In addition, the department
budget presentations begin at this meeting, with General Government, the City Attorney's
Office, and Financial Services following later on this agenda under Reports.
Item SL Rosedale Highway Widening and Mohawk North Extension Per 1 This item requests
Council approval on three items related to the Rosedale Highway Widening (a TRIP project)
and the Extension of Mohawk Street, north of Rosedale to Hageman Road. Tdcor Energy LLC
and their subsidiary, San Joaquin Facilities Management (SJFM) have oil and gas operations in
the project area that will need to be relocated. This item requests approval of a settlement
agreement for payment of those costs ($1,008,500.00), and an amendment to an existing
agreement with Tricor, to relocate additional facilities into City rights -of -way. There is also a
Drill Site Agreement with SJFM to lease City property for drilling and location of oil wells. Finally,
approval is requested for an appropriation of $1.4 million of Developer Contribution funds,
which were provided by World Oil Company for these projects.
0
Nom 8q. Truxtun Avenue Pavement Rehabilitation. This project will include resurfacing of
Truxtun from Mohawk Street to Empire Drive and reconstruction of the section from Empire
Drive to Oak Street. It is scheduled to be completed when the Westside Parkway tie -in to
Truxtun opens, which is timely, given that traffic volume is expected to increase in that area.
Staff recommends approval of a contract with the low bidder, Griffith Company, in the
amount of $1,495,495.00. Funding is from the federal RSTP, with the local match from gas tax
revenues. Also requested is the appropriation of $265,000 in additional federal STP funding to
the Public Works CIP budget.
General Government (which includes the Ci ty
Council budgets), the City Attorney's Office,
overview of their FY 2013 -14 proposed budgets.
Manager's Divisions and the Mayor and City
and Financial Services will provide a detailed
Item 13a. Freeway Litter Program. After great effort on the part of City staff, Keep Beautiful
Bakersfield, Caitrans, KernCOG, the Bakersfield Homeless Center, and other community
representatives, we are ready to implement the much needed litter clean up program for our
local freewaysl Included in this request for City Council approval are the following
agreements representing our multi- agency partnership: a Delegated Maintenance
Agreement with Caltans, authorizing program funding in the amount of $252,640.00 for the first
year of the program; an MOU with KernCOG to provide $20,000.00 in funding for the
remainder of FY 12 -13 (future Council approval will be requested for an amendment of an
additional $100,000 for FY 13 -14); and an agreement with the Bakersfield Homeless Center in
the amount of $561,600.00 for crews to perform the litter clean up. The appropriation of the
Caltrans and KernCOG funding is also requested in this Council action. The freeway litter
clean up program is coming to reality due to the perseverance and cooperation of all the
parties involved; thanks are due to all for their interest in the image and livability of our
community.
Approved:
Alan Tandy, City Manager
rs
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - May 1, 2013 Council Meeting
Page 2
ADMINISTRATIVE REPORT
MEETING DATE May 1, 2013 AGENDA SECTION: Closed Session
ITEM: . a,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 28, 2013
APPROVED
DEPARTMENT HEAD ��
CITY ATTORNEY
CITY MANAGER S
Conference with Labor Negotiator pursuant to Government Code section
54957.6.
VG:Isc
S: \COUNCIL \CI Sess\ Admins \12- 13 \05- 1- 13LaborNeg.docx
MEETING DATE: May 1, 2013 AGENDA SECTION: Presentations
ITEM: 14. a,
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: April 19, 2013
APPROVED
DEPARTMENT HEA _
CITY ATTORNEY
CITY MANAGER /
SUBJECT: Presentation by Mayor Hall of a Proclamation to Dee Ann Graham, American Legion Post
26 President, and Melinda Huston, Poppy Chairman, of a Proclamation declaring May,
2013 Poppy Month in Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: May 1, 2013 AGENDA SECTION: Workshops
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD ,
DATE: April 20, 2013 CITY ATTORNEY v
CITY MANAGER��
SUBJECT: Presentation of the Proposed FY 2013 - 14 Budget
RECOMMENDATION:
BACKGROUND: The City Manager's Office will provide a detailed overview of the FY 2013 -14
Proposed Budget for the Operating and Capital Improvement Program budgets.
AT:ch:al
4/19/13
SA13 -14 BUDPRO \Budget Admins, Resos\Budget Presentation 05.01.13.docX
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: April 19, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the April 17, 2013, Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8 b
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: April 18, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file department payments from April 5, 2013 to April 18,
2013 in the amount of $18,648,966.61, Self Insurance payments from
April 5, 2013 to April 18, 2013 in the amount of $168,778.68,
totaling $18,817,745.29
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
April 18, 2013, 4:31 PM
S:\Kim GWDMIN \COUNCIL - ADMIN- AP- 2013WDMIN —AP 050113.doc
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM: 19. C
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD2�*P
DATE: April 11, 2013
SUBJECT: First reading of ordinanc e
Official Zoning Map in Titl e
zoning (pre- zoning) on 7 5
zoned E(5) RS PE (Estate
Extraction Combining) in
Family Dwelling) on the e
Road and Noriega Road.
Black Ops Real Estate VIII)
RECOMMENDATION:
CITY ATTORNEY
CITY MANAGER_
adopting a Negative Declaration and amending the
17 of the Bakersfield Municipal Code by changing the
acres zoned R-1 (Low Density Residential) and 5 acres
5 Acres, Residential Suburban Combining, Petroleum
the County of Kern, to the City zone district of R-1 (One-
tire 80 acres, located at the southwest corner of Renfro
(ZC # 12 -0463 - McIntosh and Associates representing
(Ward 4 upon annexation)
Staff recommends first reading of the ordinance.
BACKGROUND:
The zone change request consists of a pre- zoning to a City zone district of R-1 (One-Family
Dwelling) on 80 acres from County zone districts encompassing 75 acres zoned R-1 (Low
Density Residential) and 5 acres zoned E(5) RS PE (Estate 5 Acres, Residential Suburban
Combining, Petroleum Extraction Combining).
The site contains a residence and oil production equipment. The reason for the request is in
prepration for the future annexation into the City of Bakersfield. The current city boundary is
located approximately one -half mile east of the project site. There is one pending annexation
(Annexation No. 639) between the project area and the current City limits. Annexation of the
project site would allow for development of single - family residential homes. However,
annexation of the project site and Annexation No. 639 are on hold, pending resolution of the
dispute between the City and the County which relates to the County's re- interpretation of
the master tax split agreement.
On March 21, 2013, the Planning Commission held an advertised public hearing on this zone
change request and recommended adoption by the City Council. No one spoke in favor or in
opposition to the project at the Planning Commission hearing. Commissioners Kirschenmann,
April 23, 2013, 1:35PM
Planner PE / S: \Dana\ADMINS\2013\MAY\5 -1 -0463 1.docForms\Admin Forms= 1" Reading
ADMINISTRATIVE REPORT
Lomas, Batey, Strong and Wade voted in favor of the zone change, and Commissioners
Dodgin and Tkac recused.
Based upon an initial environmental assessment, staff has determined the proposed project
will not significantly affect the physical environment or existing development in the area,
therefore a Negative Declaration was prepared and advertised.
April 23, 2013, 1:35PM
Planner PE / S: \Dana\ADMINS\2013 \MAY\5 -1 -0463 1.docForms\Admin Forms\ZC 1 61 Reading
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD��
DATE: April 19, 2013 CITY ATTORNEY AM-
CITY MANAGER �J
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section
1.12.060 by adding Annexation No. 556 located along the west side of Stine
Road, on the north and south side of Taft Highway to Ward 6. (Ward 6)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexation No. 556 into the
corresponding Council ward. This annexation was recently approved by LAFCo. The property
tax revenue exchange was processed in accordance with the historical calculations (pre -
2012) of the master tax split agreement between the City and County.
Annexation No. 556 consists of six parcels along the west side of Stine Road on the north and
south sides of Taft Highway. The annexation was initiated by the property owners, ASU &
Associates, Inc., Bob and Carmelita York, Kerfoot Family Trust, and Cerro Farms. The remaining
two property owners, Pipkin Family Trust and Waldram Trust, were included in the annexation
at the request of LAFCo to prevent creation of a small county island. LAFCo held a protest
hearing on May 22, 2012. No persons attended the hearing and no correspondence was
received in favor or against the annexation. Since no protests were received, the annexation
was completed by LAFCo. This area will be included into Ward 6.
DI \S:\ Annexation \Ordinances \2012_13 \Admin Draft 5 -1 556.doc
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9. e-.
APPROVED
TO: Honorable Mayor and City Council DEPARTMENT HEAD 2di5_
FROM: Nelson K. Smith, Finance Director CITY ATTORNEY
DATE: April 18, 2013 CITY MANAGER
SUBJECT: Road Funding Ordinance Revisions
1. Adoption of Ordinance Amending Chapter 3.04 of the Bakersfield Municipal
Code relating to the Special Gas Tax Improvement Fund.
2. Adoption of Ordinance Authorizing the City Council of the City of Bakersfield,
California to establish a special fund to be designated the "Roads Program Utility
Franchise Fee and Surcharge Fund" to maintain the additional franchise fees
and utility surcharges and the future utility surcharge fees, if any, received or to
be received by the City pursuant to certain electric and gas franchises, further
authorizing the City Council to designate such funds be used solely for the City's
Roads Program and amending and adding sections to Chapter 3.04 of City of
Bakersfield Municipal Code in connection therewith.
RECOMMENDATION: Staff recommends adoption of the proposed ordinance items.
BACKGROUND: In January 2013 staff gave a presentation regarding a draft financial plan to
accommodate the future funding needs of the Thomas Roads Improvement Program. The
plan outlined various revenue streams that would need to be pledged toward the repayment
of future debt obligations associated with various road projects. Those revenue streams
included Transportation Development Fees, State Gas Tax revenues and certain Utility
Franchise and Surcharge revenues.
One of the procedural steps discussed included the completion of a legal validation process
to certify that these revenue streams are legally enforceable and available for pledging
toward the repayment of any future debt obligations that may be authorized regarding the
funding of the Thomas Roads Improvement Program. The Ordinance actions before you this
evening are in preparation of performing that legal validation procedure.
The first item listed proposes amending a section of the Gas Tax Ordinance to specifically
allow those funds to be used on State highway facilities.
The second item listed is an Ordinance to establish a "special fund" that will legally separate
(i)the additional franchise fees and utility surcharge revenues approved in 2009 from the
historic franchise fees collected prior to the 2009 Council actions, and (ii) any future utility
surcharge fees earmarked by the City for the City's Roads Program.
ADMINISTRATIVE REPORT
When the Council originally approved the additional franchise fees and the surcharge
revenues related to the franchises granted to PG&E, there were directions given at the
meeting to earmark those "new" revenues and use them only for the City's Roads Program. In
order to legally pledge that specific revenue stream as a source of repayment of a debt
obligation we need to "formalize" the earmark of those funds into a special fund set apart
from General Fund revenues.
Staff is currently in negotiations with Southern California Gas Company to renew their franchise
agreement, which is due to expire in the next few months. We are anticipating the potential
action of creating a surcharge fee on this franchise in a manner consistent with what we did
when the PG&E franchise was renewed. The draft Ordinance is structured to incorporate
those potential surcharge revenues and designate them to also be deposited into the special
fund for the City's Roads Program.
"City's Roads Program" is defined in the draft Ordinance as follows:
"Any costs related to design, right -of -way, new construction, re-
construction, resurfacing, repair or maintenance work on any city
roadway, bike lane, bike path, or pedestrian path within the City right of
way, or any other bike facility which may exist outside fo the City roads
right of way. Additionally, any costs related to design, right -of -way,
construction or any other improvements related to any bridge, road
widening or freeway facility in the greater Bakersfield area which is a
component or project segment of the Thomas Roads Improvement
Program. "
Staff will move forward with the legal validation process on the three revenue streams after the
proposed Ordinance items have completed their required adoption procedures.
First reading was given to the two ordinance items at the April 17th Council meeting.
n ks
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MEETING DATE: May 1, 2013 AGENDA SEjCT ION
: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: April 19, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections 1.12.060
and §1.12.070 by adding Annexation No. 619 consisting of 45.27 acres located
along the south side of Taft Highway, east of South H Street to Ward 7 and
Annexation No. 624 consisting of 17.32 acres located along the east and west
side of Stine Road, north of Taft Highway to Wards 6 & 7. (Wards 6 & 7)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on April 17, 2013.
This ordinance amends the ward boundaries to include Annexation Nos. 619 and 624 into their
corresponding Council ward. These annexations were recently approved by LAFCo. The
property tax revenue exchanges were processed in accordance with the historical calculations
(pre -2012) of the master tax split agreement between the City and County.
Annexation No. 619 is located along the south side of Taft Highway east of South H Street. This
annexation is inhabited and encompasses 45.59 acres. The property owners of West Hills Mobile
Home Park and Southland Mobile Home Park submitted written request for annexation of their
property into the city. The area is completely developed and includes two mobile home parks,
an RV park, mini - storage facility, and mobile homes sales. This area will be added to Ward 7.
Annexation No. 624 is located along the east and west side of Stine Road north of Taft
Highway. The annexation consists of nine parcels on 17.32 acres. These parcels were
surrounded by city limits on three sides. Property owners Leroy & Rose Grider and Panama
Elementary School submitted written requests for annexation into the city. The other six
properties were added to the annexation at the direction of LAFCo to prevent the creation of
a small county island. The area east of Stine Road will be added to Ward 7, and the area west
of Stine Road will be added to Ward 6 as Stine Road currently forms the boundary between
Wards 6 and 7 in that area.
DI \S:\ Annexation \Ordinances \2012_13 \Admin adopt -5 -1_13 619 & 624.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM
TO: Honorable Mayor and City Council APPROVED
A /
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD23W
DATE: April 12, 2013 CITY ATTORNEY
CITY MANAGER?
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and authorizing collection of the
assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on April 8, 2013, by the City Manager designee and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of
the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated
structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris
and waste matter. The property owners were notified and failed to comply with the notices to
abate such public nuisance. After a hearing duly noticed and held before the Building Director,
the Director issued orders requiring the property owner to abate the public nuisance. The subject
properties are listed as follows:
PROPERTY LOCATION
APN
COST
1.
440 E. Belle Terrace
169- 140 -01
$
1,584.00
2.
SEC Cottonwood Road & Watts Drive
170- 270 -24
$
300.00
3.
120 Dr. Martin Luther King Jr. Blvd.
018- 400 -07
$
700.00
4.
1106 Gorrill Street
018- 101 -18
$
105.00
5.
2701 Lee Drive
022 - 221 -08
$
1,475.00
6.
106 Linnell Way
413 - 242 -05
$
1,180.00
7.
3212 Lotus Lane
170- 190 -10
$
600.00
April 16, 2013, 1:49PM/kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1
8.
931 Maitland Drive
011- 192 -12
$
300.00
9.
1003 Melwood Street
170- 131 -06
$
1,465.00
10.
137 Northrup Street
018- 320 -19
$
680.00
11.
327 S. Owens Street
01 8- 290 -20
$
675.00
12.
1027 T Street
009- 080 -07
$
825.00
13.
1119 Watts Drive
170- 250 -03
$
300.00
14.
1404 E. 9th Street
018- 061 -29
$
1,119.00
Ward 2
15.
206 Cypress Street
008 - 075 -22
$
300.00
16.
2112 E Street
003 - 221 -03
$
849.00
17.
2118 E Street
003 - 221 -04
$
685.00
18.
307 F Street
008 - 302 -08
$
1,385.00
19.
1800 Forrest Street
007 - 197 -12
$
105.00
20.
1020 Gage Street
015- 380 -08
$
1,442.00
21.
505 H Street
007 -252 -11
$
686.00
22.
716 H Street
009 - 251 -08
$
300.00
23.
1420 Kentucky Street
015- 420 -08
$
950.00
24.
1426 Lake Street
01 5- 310 -13
$
105.00
25.
1023 E. 18th Street
017- 260 -05
$
300.00
26.
1427 E. 18th Street
017- 220 -07
$
975.00
27.
505 33rd Street
002 - 052 -06
$
105.00
Ward 3
28.
2708 Baylor Street
021- 402 -12
$
600.00
29.
3324 Cardinal Avenue
382 - 121 -10
$
725.00
30.
2408 Eric Way
383 - 290 -05
$
300.00
31.
6101 Myburn Court
438- 283 -01
$
105.00
32.
6217 Westlake Drive
365- 151 -08
$
865.00
Ward 4
33. 11215 Palm Avenue 110- 120 -43 $ 300.00
34. 6515 Tulocay Court 525 - 481 -20 $ 300.00
Ward 5
35.
9914 Mulligan Court
497 - 600 -51
$
600.00
36.
3012 Victoria Way
381 - 134 -12
$
105.00
37.
8817 Worrell Court
392 - 163 -33
$
750.00
April 16, 2013, 1:49PMIkd
S: \Dana\ADMINS\2013\MAY\5 -1- Propert7y Abatement.docx
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 6
38.
5808 Almendra Cf. Apt D
355- 491 -07
$
300.00
39.
4000 Peachwood Court
403 - 230 -16
$
105.00
40.
3412 Sesame Street
384 - 121 -24
$
650.00
41.
5209 Thyme Lane
384 - 112 -03
$
750.00
Ward 7
42.
2516 Earlene Avenue
372 - 091 -14
$
105.00
43.
2101 Julian Avenue
405 - 172 -11
$
300.00
44.
4708 Maybrook Avenue
371- 182 -07
$
650.00
45.
2720 Norman Avenue
023 - 081 -15
$
300.00
46.
2613 Pacheco Road
372 - 051 -10
$
105.00
47.
8100 Rockhampton Court
514 - 290 -14
$
105.00
The owners of the above - mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above - mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
April 16, 2013, 1:49PM /kd
SADana\ADMINS\2013\MAY\5 -1- Property Abatement.doex
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM: 7.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: April 17, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER S
SUBJECT: Resolutions to add the following territories to the Consolidated Maintenance District
and approving, confirming, and adopting the Public Works Director's Reports and
authorizing collection of assessments by the Kern County Tax Collector.
1. Area 4 -114 (3838 San Dimas Street) - Ward 2
2. Area 1 -93 (5000 Commerce Drive) - Ward 1
3. Area 2 -53 (4621 White Lane) - Ward 6
4. Area 1 -94 (10948 Snow Road) - Ward 4
5. Area 3 -87 (5511 Woodmere Drive) - Ward 5
6. Area 3 -88 (Hosking, SR99 South) - Ward 7
RECOMMENDATION: Staff recommends adopting the Resolutions.
BACKGROUND: On April 17, 2013, the Council adopted Resolutions of Intention No. 1741, 1742,
1743, 1749, 1750, and 1751 respectively, adding the above territories to the Consolidated
Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the
Consolidated Maintenance District will provide for the maintenance of parks and /or street
landscaping. The areas will be under park and /or streetscape zones of benefit and will be
assigned the appropriate tier levels when parks and /or street landscaping have been installed.
The addition of these territories to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement, The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
Ps
GAGR0UPDAT \ADMINRPT \2013 \05 -01 \Res est CMD 4 -114 1 -93 2 -53 1 -94 3 -87 3- 88.docx
MEETING DATE May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM: 17. j
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 17, 2013 CITY ATTORNEY ZOL
CITY MANAGER S
SUBJECT: Resolution of Intention No. 1747 to order the vacation of a sewer line easement
and sewer lift station easement on the north side of McCutchen Road between
Progress Road and Gosford Road. (Ward 5)
RECOMMENDATION: Staff recommends adoption of Resolution of Intention.
BACKGROUND: The City of Bakersfield Public Works Design Section is requesting the vacation
of a sewer line easement and sewer lift station easement located on the north side of
McCutchen Road between Progress Road and Gosford Road. The City has received
additional road dedication in this location, so
and the sewer lift station has been relocated.
scheduled on June 5, 2013.
the sewer line easement is no longer needed
The final hearing is set for the Council Meeting
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. The existing City sewer facilities will stay in place.
The utility companies serving the area have been notified by mail. Public Works has received
no objections as of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 -foot radius of
the proposed vacated area. Public Works has received no objections from these owners as of
the date of report.
On April 18, 2013, the Planning Department found the proposed vacation of the sewer line
easement and sewer lift station easement located on the north side of McCutchen Road
between Progress Road and Gosford Road to be consistent with the Metropolitan Bakersfield
General Plan pursuant to Government Code 65402.
It was determined that this action is exempt ft
Environmental Quality Act pursuant to Section 15061
because there is no possibility that the action
environment.
/mm
om the requirements of the California
(b) (3) of CEQA guidelines (general rule),
may have a significant effect on the
April 17, 2013; 9:16 AM
G: \GROUPDAT \ADMINRPT \2013 \05- 01 \MCCUTCHEN RD EASEMENT VACATION
ro,
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ADMINISTRATIVE REPORT
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /'
DATE: April 12, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Brown Armstrong Accountancy Corporation ($49,200) for a full
scope annual audit of the 2012 -13 fiscal year.
RECOMMENDATION: Budget and Finance Committee recommends approval of the
agreement.
BACKGROUND:
In February 2012, a Request for Proposal for auditing services was posted on the City's online
vendor and bid management system. Fourteen firms showed an interest in the process. Four firms
submitted proposals which were reviewed by the Finance Department. Three of the four firms
met the experience requirements to perform the City's audit and their proposals were sent to the
Budget and Finance Committee for review.
The Budget and Finance Committee reviewed the proposals on March 26, 2012. The Budget and
Finance committee recommended the selection of Brown Armstrong Accountancy Corporation
to perform the annual audit work for the 2011 -12 fiscal year ($56,000), with the option of up to four
(4) one year extensions.
The Request for Proposal issued in February 2012 contemplated a five year commitment with the
selected firm, with the 2012 -13 fiscal year being year 2 of 5. A cost of living factor was built into
the contract so that future year costs do not exceed Consumer Price Index (CPI) inflation
measures, assuming no change in the scope of the audit and assuming no significant change in
the audit workload as a result of Governmental Accounting Standards Boards (GASB) actions that
might take place in the future. Brown Armstrong Accountancy Corporation was agreeable to this
additional contract language. The agreement referenced above is related to the audit for year 2
of 5.
Please note that while the year 1 contract award was for $56,000, due to the dissolution of
Redevelopment, the actual costs paid for services was reduced to $48,000. The year 2 contract
amount represents a 2.0% increase (based on the January 2013 CPI index) over the actual costs
of the prior year.
The City's cost is budgeted as a "non- departmental" line item in the General Fund. A small
portion of the City costs is charged to the Wastewater Enterprise Fund regarding a compliance
review letter associated with the Sub- Regional Wastewater / User Agency agreement.
4/15/2013 8:53:00 AM
S: \Admin\Admin Reports\2013 Brown Armstrong.docx
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM: $ , k
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_ W-
DATE: April 22, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Castle & Cooke California, Inc. to purchase real property
located southeast corner of San Juan Avenue and Cedmont Drive for $136,000
for a domestic water well site. (Ward 4)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
The City of Bakersfield is acquiring land to construct a domestic water well site for the purpose
of providing drinking water. The property being acquired consists of two single family lots
containing approximately 12,174 square feet. The purchase price of $136,000 is the fair market
value of the property as determined by an appraisal prepared by Randall Franz, MAI of Kern
Appraisal Company, an independent appraisal company.
A Phase I Environmental Site Assessment report has been prepared by the City's Environmental
Services Director and the Planning Department found the acquisition consistent with the
Metropolitan Bakersfield General Plan.
The funding for this project is contained in the Water Resources Department's FY 2012 -13
Capital Improvement Budget.
c:\ users \danderson \documents \water well cc cbk59r.docx
4/18/2012 4:06 PM
DMA /s
A
ADMINISTRATIVE REPORT
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM: .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
April 22, 2013
DEPARTMENT HEAD!!- -
CITY ATTORNEY Ik
CITY MANAGER &
Rosedale Highway Widening and the Mohawk North Extension Projects:
1. Settlement Agreement with Tricor Energy, LLC, a California limited liability
corporation for the reimbursement of costs to relocate facilities being
impacted by the within the Fruitvale Oil Field for $1,008,500.00;
2. Amendment No. 2 to license agreement 08-093 with Tricor Energy, LLC;
3. Drill Site Agreement with San Joaquin Facilities Management (SJFM, a
subsidiary of Tricor Energy LLC); and
4. Appropriate $1.4 million Developer Share project cost to the Public Works
Capital Improvement Budget within the Transportation Development Fund
for the Mohawk North Extension project. (TRIP) (Ward 3)
RECOMMENDATION: Staff recommends approval of agreements and appropriation.
BACKGROUND:
The City has commenced the planning, engineering, acquisition and construction of certain
public transportation projects collectively known as the Thomas Road Improvement Program
(TRIP) including the Rosedale Highway Widening Project. Coincidentally, the City is working
on a non -TRIP project to extend Mohawk Street north of Rosedale Highway to connect to
Hageman Road.
Tricor Energy LLC has a current and ongoing business of owning, operating and managing
certain mineral interests granted pursuant to oil and gas leases existing in both the project
areas. Tricor also owns a subsidiary company called San Joaquin Facilities Management
(SFJM) that drills and operates various wells in the project area and surrounding oil fields.
The City's projects will require Tricor /SJFM to remove, relocate and reconstruct an oil well,
pumps, power lines, pipelines, waterlines and other appurtenant and interconnected
equipment that are in conflict with the two road construction projects.
April 22, 2013, 3:56PM
C:\ Users \danderson \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Ouflook \7957T1 EN \Adman - SJFM
Mohawk North - Rosedale Hwy l.doc
NKS
A
ADMINISTRATIVE REPORT
The Settlement Agreement outlines the costs that the City is required to pay for both the
relocation of the oil well ($507,500) and the relocation of the various pipelines and related
equipment ($501,000).
The Amendment #2 to the license agreement with Tricor /SJFM allows them to place their
relocated facilities within the City's right of way.
The Drill Site Agreement is a component of the well site relocation for the well being displaced
by the Rosedale widening project.
The funding for the well site relocation of $507,500 is part of the TRIP budget for the Rosedale
Highway Widening project. The funding for the remaining costs of $501,000 for the relocation
of pipelines and equipment will come from the Developer Contribution funds provided by
World Oil Company for the Mohawk North extension project. The total developer contribution
received from World Oil was $1.4 million. The $501,000 will be used for the relocation items as
described above and the remaining balance of $899,000 will be applied toward the
construction cost of Mohawk North extension project.
April 22, 2013, 3:56PM
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Mohawk North - Rosedale Hwy 1.doc
NKS
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM; T. M.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: April 23, 2013
DEPARTMENT HEAD —
CITY ATTORNEY I�G
CITY MANAGER_��
SUBJECT: Contract Change Order No. 105 to Agreement No. 07 -304 with Security Paving
Construction ($40,000.00; revised not to exceed $33,557,593.09) for the State
Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on
State Route 178 (SR -178) at Fairfax Road and the extension of the SR -178 freeway for one mile,
from just east of the Oswell Street overcrossing to just west of Morning Drive.
Change Order No. 105 provides for additional highway landscaping maintenance by the
contractor. Caltrans requires that the contractor maintain the landscaping for the project for
a period of three years from the date of installation. The agreed upon date between the City
and the contractor as to when this landscaping maintenance period ended was this past
November. Also at that time, all prior Caltrans project "punch list" items had been addressed
and so City staff believed the interchange project was ready to be turned over to Caltrans for
operation and maintenance. However, when the City requested Caltrans to take over the
Interchange, Caltrans said they had a concern with one of the retaining walls, and that they
also had found that some of the wheel chair ramps constructed did not meet the American
with Disabilities Act (ADA) requirements. It should be noted that all of these improvements had
been constructed nearly four years earlier. A field investigation of the retaining wall was
performed by the City In December with Caltrans staff present, and the wall was found to be
adequate with some minor alterations completed by the City. The wheel chair ramps have
been redesigned, and City crews have been re- constructing the non - acceptable wheelchair
ramps to bring them into compliance with the ADA requirements. This work should be
completed later this month. However, Caltrans has said they will not accept the Interchange
and the maintenance of the project landscaping until these ramps are corrected. Thus
Change Order No. 105 will pay for the additional landscape maintenance efforts by the
contractor from the agreed upon end date this past November, until the point when Caltrans
accepts the Interchange. Staff will verify time spent and materials purchased by the
contractor for this maintenance effort; the contractor will only be paid for staff approved
expenditures of time and materials, and total costs for this effort will not exceed $40,000.00.
Tdw:G: \GROUPDATWDMINRPT\2013 \05.01 \CCO 105 Fairfax Interchange Project.docx
The net cost increase of Change Order No. 105 is $40,000.00. This provides a total cost
increase of $4,228,146.99, which is a 14.4 % increase from the contract amount. However, it
should be noted that $1,633,387.35 or nearly 40% of this total is due to the reconstruction of the
off and on -ramps that is being paid for by the project designer, PB Americas.
• Original Contract Amount (includes Amendment Nos. 1 & 2) = $29,329,446.10
Previous Change Orders =$ 4,188,146.99
• Current Change Order No. 40 =$ 40,000.00
Amended Contract Agreement after Change Orders = $33,557,593.09
Net Increase to date =$ 4,228,146.99
Adequate funds have been previously budgeted to pay for the cost of this change order.
Tdw: G:\ GROUPDAT \ADMINRPT\2013 \05- 01 \CCO 105 Fairfax Interchange Project.docx
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM: T. n.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEADS
DATE: April 19, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Reject all bids for the Mill Creek Linear Park Sister City Gardens Phase B (Ward 2):
RECOMMENDATION: Staff recommends the rejection of all bids, re- evaluation of the contract
specifications, and rebidding of the project.
BACKGROUND: At its April 17, 2013 meeting, City Council directed staff to identify options for
reducing the project's construction costs. Staff will meet with the project designer and
contractors who submitted bids to identity those options. As those options will potentially result
in significant modifications to various elements of the project, the bids received on February
26, as presented in the Administrative Report for the April 17 City Council Meeting, should be
rejected.
PW /Design Engineering /ADR /POC120
4/19/2013 11:49 AM
G: \GROUPDAT\ADMINRPT \2013 \05 -01 Will Creek Linear Park- Sister City Gardens Phase B.docx
ADMINISTRATIVE REPORT
Y'
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM: I?. O.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
April 19, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Accept bid from Lehr Auto Electric in the amount of $183,018.25 for fifty (50)
Panasonic Toughbook Laptops for the Police Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Bids were solicited from computer suppliers for Panasonic Toughbook Laptops.
Four (4) bids were received in response to the solicitation. CDW Government LLC requested to
rescind their bid citing an error in pricing. Staff has reviewed the request and recommends
allowing the bidder to rescind their proposal. The remaining three (3) bids are listed below.
BIDDER AMOUNT
Lehr Auto Electric, Sacramento, CA $183,018.25
New Tech Solutions, Fremont, CA $191,285.00
Howard Technology Solutions, Laurel, MS $198,380.00
The fifty (50) Panasonic Toughbooks are replacement units for Police officers who use this
technology in their daily field work. These current units have been in use for 6 years; they are
past their replacement dates and are beyond the warranty coverage period.
Funds are budgeted in the Equipment Replacement Fund for the purchase of 50 laptops for
the Police Department. Staff finds the bid submitted by Lehr Auto Electric to be acceptable.
Purchasing Division/kb
SAPURCHIADMINAdmin 12- 131Panasonic Toughbook CF31 MDCs for PD, 12- 13 -76, May 1, 2013.docx
A
U C
ADMINISTRATIVE REPORT
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD /K
DATE: April 17, 2013 CITY ATTORNEY C
CITY MANAGER 4
SUBJECT: Accept bid and approve contract with Bowman Asphalt, Inc. ($170,426.00) for Street
Improvements on Wible Road: Berkshire Road to Panama Lane (Ward 7).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: Currently, there is one northbound lane on Wible Road from Berkshire Road to
Panama Lane. This project will construct an additional 18 feet of pavement for the northbound
direction which consists of a 12 foot travel lane and 6 foot bike lane. Other work items include
traffic striping, pavement markings, installing roadside signs and traffic detector loops. This project is
funded entirely with Transportation Development Funds. Since those are local funds, the provisions
of Resolution No. 122 -12 apply to the project. The Contractor is exempt from paying prevailing
wage rates. The Engineer's Estimate for this construction contract was $245,000. Sufficient funds
are budgeted to award the contract.
On April 3, 2013, a total of four bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Bowman Asphalt, Inc.
3351 Fairhaven Drive
Bakersfield, CA 93308 (County) in the amount of $170,426.00
Granite Construction Company
3005 James Road
Bakersfield, CA 93308 (County) in the amount of $193,826.00
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County) in the amount of $194,491.00
Burtch Construction
18815 Highway 65
Bakersfield, CA 93308 (County) in the amount of $218,688.54
There is no General Fund impact associated with this project.
PW /Design Engineering /NSG/T11K221
4/1812013 8:44 AM
G: \GROUPDAT\ADMINRPT12013 \05 -01 \Street Improvements on Wible Road.docx
MEETING DATE: May 1, 2013 AGENDA SECTION: Consent Calendar
ITEM: g.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul Rojas, Public Works Director
April 24, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Pavement Rehabilitation 2011 Phase 1- Truxtun Avenue from Mohawk Street to
Oak Street (Ward 2):
1. Accept bid and approve contract with Griffith Company ($1,495,495.00).
2. Appropriate $265,000 additional federal Surface Transportation Program
funds to the Public Works Department's Capital Improvement Budget within
the SAFETEA -LU Fund.
RECOMMENDATION: Staff recommends acceptance of bid, and approval of contract
and appropriation.
BACKGROUND: This project consists of two portions: 1) resurfacing Truxtun Avenue from
Mohawk Street to Empire Drive and 2) reconstructing the existing pavement structural section
on Truxtun Avenue from Empire Drive to Oak Street. Other work items include modification of
access ramps, constructing curb and gutter, striping, pavement markings and traffic signal
detector loops.
This project's anticipated completion date will coincide with the grand- opening of the
Westside Parkway Truxtun Tie -in project. Due to the anticipated high volumes of traffic that will
be introduced onto Truxtun Avenue once the Westside Parkway is open to the public, the
rehabilitation of the existing pavement was essential to the overall functionality of this new
corridor.
This project is predominately federally funded through the Regional Surface Transportation
Program (RSTP) with gas tax revenues providing the local match requirement. An additional
appropriation of $265,000 of federal funds is required to fully fund this project. The Engineer's
Estimate for the project is $1,640,000. There is no General Fund impact associated with this
project.
On April 10, 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) in the amount of $1,495,495.00
PW /Design Engineering /NSWT2K225
4/24/2013 10:16 AM
G: \GROUPDAT\ADMINRPT\2013 \05 -01 \Pavement Rehabilitation 2011 Phase 1- Truxtun Avenue.docx
ADMINISTRATIVE REPORT
Granite Construction Company
3005 James Road
Bakersfield, CA 93308 (County) in the amount of $1,512,989.00
Bowman Asphalt, Inc.
3351 Fairhaven Drive
Bakersfield, CA 93308 (County) in the amount of $1,597,957.00
Papich Construction Company, Inc.
800 Farroll Avenue
Grover Beach, CA 93433 in the amount of $1,868,868.00
Security Paving Company, Inc.
9050 Norris Avenue
Sun Valley, CA 91352 in the amount of $1,883,283.99
There is no General Fund impact associated with this agreement.
PW /Design Engineering /NSG/T2K225
4/24/2013 10:16 AM
G: \GROUPDAT\ADMINRPT\2013 \05 -01 \Pavement Rehabilitation 2011 Phase 1- Truxtun Avenue.docx
Nr�cols,�.
BAR
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U � p
ADMINISTRATIVE REPORT
- lul r
MEETING DATE: May 01, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. yam.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: April 19, 2013
APPROVED
DEPARTMENT HE,�
CITY ATTORNEY
CITY MANAGER
SUBJECT: Distribution of $625,000 from the Board of State and Community Corrections to the
municipalities, contract cities and special districts in Kern County in accordance
with the terms agreed upon by the Chiefs of Police of each city and special district
within Kern County and the Kern County Sheriff.
RECOMMENDATION: Staff recommends approval of the distribution.
BACKGROUND:
The 2011 Public Safety Realignment, Assembly Bill (AB) 109 and AB 117, transferred the
responsibility for incarcerating adult offenders of non - serious, non - violent or non -sex offenses to
county jails instead of State prison. Additionally, AB 109 authorized the early release and
probation of certain individuals incarcerated in the state prison system for non - violent offenses.
The 2011 Public Safety Realignment is funded with a dedicated portion of state sales tax revenue
and Vehicle License Fees outlined in trailer bills AB 118 and SB 89. However, this funding only
applies to county jails and probation. Recognizing the need for state support for city law
enforcement agencies due to the steady erosion of funding for city police agencies over the last
several years, the 2012 Budget Act provided funding to city police departments to enable front-
line intervention services in each county.
As part of the 2012 State Budget Act (Item 5227 -102 -001), for Local Assistance, $20,000,000 was
appropriated for city police departments, with the allocation formula to be developed by the
Board of State and Community Corrections (BSCC) in consultation with the Department of
Finance. On January 10, 2013 the Governor's Proposed Budget was released and included a
proposed augmentation of $4,000,000 to the aforementioned appropriation.
The California Police Chiefs Association (CPCA) proposed a funding allocation formula based
upon the regional needs in each county, to the BSCC. Under this formula, one City in each
county is appointed as fiduciary agent to distribute allocated funds based on the collective
decision of local law enforcement. On January 17, 2013 the BSCC unanimously approved the
adoption of the proposed allocation formula. Kern County received $1,173,210 from this
allocation, and the Bakersfield Police Department has been appointed as fiduciary agent.
DB
ADMINISTRATIVE REPORT Page
On March 1, 2013 the City received a check from the BSCC in the amount of $1,173,210, and has
since placed these funds in a trust account. The equitable distribution of these funds among the
municipalities, contract cities and special districts in the county as identified by the BSCC, was
determined by a consensus of the Chiefs of Police of each city and special district within Kern
County and the Kern County Sheriff.
The distribution below was agreed upon by the following law enforcement executives: Chief
Louis Cobarruviaz, Arvin Police Department; Chief Eric Hurtado, California City; Chief Mark
Derosia, Delano Police Department; Chief Greg Herrington, McFarland Police Department; Chief
Greg Richardson, Shafter Police Department; Chief Brad Burris, Stallion Springs Police Department;
Chief Ed Whiting, Taft Police Department; Chief Jeff Kermode, Tehachapi Police Department;
Chief Greg Williamson, Bakersfield Police Department; and, Sheriff Donny Youngblood, Kern
County Sheriff's Office.
The agreed upon distribution is as follows:
City of Wasco (Contract city with KCSO)
County of Kern (Services to Maricopa)
City of Tehachapi (Regionally with Bear Valley and Stallion Springs
City of McFarland (Regionally with Delano)
City of Shafter
City of Taft
City of Arvin
City of Ridgecrest (Regionally with California City)
City of Bakersfield
Total Distribution
$ 50,000
$ 25,000
$ 75,000
$ 150,000
$ 50,000
$ 75,000
$ 50,000
$ 150,000
$ 548,210
$ 1,173,210
At this point in time, the BPD seeks City Council approval for the distribution of BSCC funds from
the City trust fund to the agencies listed above in the collective amount of $625,000. The
remaining balance of $548,210 is designated for the BPD, and will be brought forward for
appropriation at a later date.
PABMADMIN RPTSWDMIN RPTS FY 12- 13WDMIN RPT - (05- 01 -13) AB109 - CPCA $$ DISBURSEMENT.doa
4/17/20132:44 PM
MEETING DATE: May 1, 2013 AGENDA SECTION: CORSENT CALfNOAR
ITEM: $, S.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
April 18, 2013
APPROVED
DEPARTMENT HEAD /K.�_
CITY ATTORNEY
CITY MANAGER
Receive and file successor agency payments from April 5, 2013 to
April 18, 2013 in the amount of $306,187.13
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G \ADMIN — SA \COUNCIL- ADMIN- SA- 2013\ADMIN —SA 05- 01- 13.doc 1
TADMINISTRATIVE REPORT
MEETING DATE: May 1, 2013 AGENDA SECTION: Reports
ITEM: l 1 . o-.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: April 20, 2013
SUBJECT: Department Budget Presentations
1. General Government
2. City Attorney's Office
3. Financial Services
RECOMMENDATION:
DEPARTMENT HEAD
CITY ATTORNEY 144
CITY MANAGER
BACKGROUND: General Government, City Attorney's Office and Finance staff will provide a
detailed overview of their FY 2013 -14 proposed operating budgets. The budget overview will
include discussion regarding the goals, accomplishments, and significant budget changes for
the respective departments.
AT :ch :al
4/19/13
S: \13 -14 BUDPRO \Budget Admins, Resos \Budget Presentation 05.01.13 - GG, Finance, CAO.docx
OF A.,
ADMINISTRATIVE REPORT
MEETING DATE: May 1, 2013 AGENDA SECTION New Business
ITEM: 13-6L.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 1, 2013
SUBJECT: Initiation of Freeway Litter Program (city- wide):
APPROVED
DEPARTMENT HEAD(
CITY ATTORNEY
CITY MANAGER
1. Delegated Maintenance Agreement with State of California Department of
Transportation ($252,640.00 for one year) to authorize and provide funding for
the City to remove litter from freeway shoulders and ramps within city limits
with use of contract crews from the Bakersfield Homeless Center.
2. Memorandum of Understanding (MOU) with Kern Council of Governments
($20,000.00) to provide funding for initiation of program for remainder of FY
12/13.
3. Agreement with Bakersfield Homeless Center ($561,600.00 annually;
renewable for four one -year terms) to provide crews to remove litter from
freeway shoulders and ramps within the city limits.
4. Appropriation of $252,640.00 of Caltrans funding and $20,000 of Kern Council
of Governments funding to the Public Works Department's operating budget
within the Refuse Fund.
RECOMMENDATION: Community Services Committee and staff recommend adoption of a
Freeway Litter Program, and approval of agreements and appropriation.
BACKGROUND: The freeway litter issue continues to be a problem for the City. Although
Caltrans is responsible for maintenance of the freeway and associated costs, the freeway litter
problem is a reflection on the City. Promoting community pride and image by improving the
visual appearance and livability of Bakersfield is a City Council goal. Consequently, the City
assumed a leadership role in addressing the freeway litter problem, which negatively impacts
City appearance and civic pride.
At the January 23, 2013 City Council meeting, Councilmember Sullivan requested that the
Community Services Committee explore new ways to combat litter in the City and along the
freeways, including sprinkler repairs and enforcing litter laws. At the Community Services
Committee meeting of February 26, 2013, the Committee approved for full Council
consideration a multi- agency collaborative project to abate the freeway litter problem.
sm
April 26, 2013, 10:19AM
ADMINISTRATIVE REPORT
Numerous agencies have come together to address the common goal of litter abatement.
Caltrans, recognizing that State budget constraints and the loss of prisoners due to prison
realignment have resulted in an unacceptable situation along the freeways of Bakersfield, is
open to solutions to address this problem. Therefore, the City, in partnership with the California
Department of Transportation (Caltrans), Kern Council of Governments (KernCOG), Bakersfield
Homeless Center (BHC), Keep Bakersfield Beautiful (KBB), Kern County Sheriff's Department
(KCSD) and other community stakeholders, has developed a solution to establish a recurring
and thorough freeway clean -up program.
Three funding sources have been identified to ensure City funding is not required for this
program. The agreements referenced herein create the framework for that solution and discuss
those funding sources.
1. Delegated Maintenance Agreement between the City and Caltrans: The annual cost to
adequately perform comprehensive freeway litter clean -up within the City's limits is
estimated at $500,000.00. A significant portion of the funding for this program will be
provided by Caltrans. They have committed $252,640.00 for the first year of the program to
offset the clean -up costs. They have also indicated they will provide the same amount for
the second year of the program. Council will be requested to approve a future
appropriation for the second year of funding when it is provided by Caltrans.
2. Memorandum of Understanding between the City and KernCOG: KernCOG, in partnership
with the City, expects to allocate $100,000.00 annually to partially offset the freeway clean-
up costs. The MOU on this agenda is for an allocation of $20,000.00 to provide funding
through the remainder of FY 12/13. Council approval of an amendment to this MOU for the
FY 13/14 funding allocation in the amount of $100,000.00 will be requested at a later date.
3. Agreement between the City and the Bakersfield Homeless Center: This agreement
authorizes BHC to dispatch crews of six persons each to remove litter from freeway shoulders
and ramps within the city limits using routes established by the City. The hourly rate for a 6-
person crew is $90.00 /hr. This partnership with BHC will also provide a valuable opportunity
for their clients to remove themselves from the cycle of homelessness.
Funding for the BHC program will be provided by a combination of sources, including
Caltrans, KernCOG, community sponsorships, and various other sources, including
community sponsorships, and will not exceed $561,600.00. Please note:
a) The amount to be expended each year will be limited to the available funding and;
b) While the annual cost for a comprehensive freeway clean -up program within the
City's limits is estimated at $500,000.00, the agreement with BHC is for a higher
amount because it provides for sponsors to fund crews to perform litter clean up in
other specified areas within the City, apart from the freeway system.
Council approval is also requested for an appropriation of the Caltrans funding ($252,640.00)
and the KernCOG funding ($20,000.00) to the Public Works Department's operating budget
within the Refuse Fund for the freeway litter program. Future Council action may be
requested to appropriate funds that will be provided from community sponsorships.
sm
April 26, 2013, 10:19AM
ADMINISTRATIVE REPORT
In addition to the agreements described above, there are several other important features to
the new freeway litter clean up program. As previously stated, the estimated cost to clean the
city -wide freeway system on a monthly basis will be approximately $500,000.00 annually.
However, funding from Caltrans and KernCOG will fall short of that estimate; therefore,
additional funding will be required to consistently clean the freeways on a monthly basis, so
community sponsors will be solicited to help fund the program.
KGET, in collaboration with KBB, has expressed a desire to spearhead this effort, utilizing the
Bakersfield Foundation to accept the sponsorship funding as tax deductible contributions. Their
program will include a sponsorship cost of $6,700.00, and they will publically recognize donors
for their contributions towards making Bakersfield a cleaner and more attractive city. KGET also
intends to launch a public awareness and education program to help change the attitude and
behavior that contribute to the prevalent litter problem.
In addition, several private sector firms have expressed an interest in sponsoring crews to do
work at locations on freeways near their facilities. PG &E has already entered into an agreement
with the City to sponsor a crew to clean the area surrounding the old Kern Power Plant site at
Rosedale and Coffee. We expect that other companies will also be willing to enter into similar
arrangements.
The public is also encouraged to participate as volunteers. The Mayor's Freeway Clean -ups will
continue, as well as other volunteer initiatives. Select ramps will be set aside for volunteers. The
use of volunteers will save on the cost of the program, as paid crews will not need to be
dispatched to ramps where volunteers are assigned.
The Kern County Sheriff's Department (KCSD) will also be a key partner in efforts to abate the
freeway litter problem. KCSD plans to enter into an agreement with Caltrans and KernCOG for
funding to use County Jail inmates to clean the County mainline and ramps, in addition to
freeway medians within City and County limits. A separate agreement with KCSD will fund
enforcement of littering and uncovered load violations. However, those agreements are not
expected to be finalized until after July 1, 2013. In the interim, the clean -up of freeway medians
within the City will be done by Caltrans staff. Staff will closely monitor these areas and clean -ups
to ensure litter is removed from freeway medians within the City satisfactorily. In all matters,
safety must be given the utmost priority.
Together, these programs will lead to a successful city -wide freeway litter clean -up. In the
future, both the Caltrans and BHC agreements may be modified to address other issues, such as
sprinkler and landscape problems on freeways.
There is no General Fund impact associated with these agreements.
sm
April 26, 2013, 10:19AM
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 17, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 p.m.
1. ROLL CALL
Present: Vice -Mayor Weir, Councilmembers
Maxwell, Smith, Hanson, Sullivan, Johnson
Absent: Mayor Hall
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (2),
(e) (1) (one matter).
Motion by Councllmember Hanson to adjourn to
Closed Session at 3:32 p.m.
Motion by Councllmember Smith to adjourn from
Closed Session at 4:05 p.m.
4. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (2),
(e) (1) (one matter).
ACTION TAKEN
APPROVED
APPROVED
NO REPORTABLE
ACTION
Bakersfield, California, April 17, 2013 - Page 2
5. ADJOURNMENT ACTION TAKEN
Vice -Mayor Weir adjourned the meeting at 5:14 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
REGULAR MEETING - 5:15 p.m.
ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None.
2. INVOCATION by Father Daniel Azer Sous, St. Demiana
Coptic Orthodox Church.
3. PLEDGE OF ALLEGIANCE by Roberto Mendoza, 31d
student at Our Lady of Guadalupe School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Linda Jay and Terrie Vaughn, representing the
Bakersfield Association of Realtors, declaring
April 2013, Fair Housing Month.
Ms. Jay accepted the Proclamation, made
comments and extended an invitation to their
awards ceremony, honoring the winners of their
annual Fair Housing Arts contest for the children
of Kern County, on April 20th at the Bakersfield
Association of Realtors office, located at 2300
Bahamas Drive.
Bakersfield, California, April 17, 2013 - Page 3
4. PRESENTATIONS continued
b. Presentation by Mayor Hall of a Proclamation to
Kathy Vochoska, Donate Life Ambassador,
declaring April 2013, DMV /Donate Life Month.
Ms. Vochoska accepted the Proclamation,
made comments, and submitted written
material.
Marla Mason made additional comments
regarding the benefits of being an organ
donor.
Mayor Hall acknowledged the students from Ridgeview High
School government class and California State University,
Bakersfield public administration class in attendance at the
meeting to learn about City government.
5. PUBLIC STATEMENTS
a. Marvin Dean spoke in support of various
agenda items, and made an announcement
of the following upcoming events that he
encouraged the community and the City
Council to attend: a meeting with the High
Speed Rail Business Advisory Board being held
on April 18th at the Bakersfield Chamber of
Commerce from 12:00 p.m. to 2:00 p.m.; a
meeting with the Kern County and San Joaquin
Valley Transportation Forum being held at 2000
K Street; and a Job Fair being held at the Beale
Library on April 19th; and he submitted written
material.
b. Anthony Whitnack, representing the Bakersfield
Day of Resistance, acknowledged and
thanked Councilmember Sullivan and
Councilmember Johnson for their attendance
at the rally held on February 23, 2013; and
proposed a Resolution by the City Council to
celebrate a Bill of Rights Day to be held on
every December 15th, encouraging citizens to
study and discover their constitutional rights.
ACTION TAKEN
Bakersfield, California, April 17, 2013 - Page 4
5. PUBLIC STATEMENTS continued ACTION TAKEN
C. Cynthia Giumarra, Director of Women's Ministry
at Canyon Hills, spoke regarding the issue of
human trafficking; advised that they have
created an ongoing ministry called "Project
Rescue" to raise funds to help fight human and
labor trafficking; and announced they will be
holding a fundraiser on April 26th via radio
broadcast and booths located at: Compassion
Corner across from Channel 17 News Station,
the parking lot behind the Truxtun Financial
building on Truxtun Extension and Mohawk, and
on Olive Drive and Knudsen.
d. Randy Fendrick, spoke regarding the history of
the Beale Park Band and asked the City to look
into helping fund the band and their concerts,
and submitted written material.
Councllmember Sullivan asked that
Mr. Fendrick's recommendation be referred to
staff to see If It Is possible to help finance the
Beale Park Band concerts.
e. Amy Richardson spoke in opposition to the
Highway 58 Route B extension, explaining that
there will be ramp closures causing traffic
congestion in neighborhoods and loss of
business; and she asked that the City Council
not fund this project.
f. Kristabel Garcia Diaz, Board Member of Bike
Bakersfield, thanked the City Council for the
adoption of the Complete Streets Resolution;
which will encourage people to try alternative
transportation such as walking or cycling and
make Bakersfield a better place to live, walk
and ride.
g. David Kane, with Hickory Equipment Company,
spoke in protest of the bid with Municipal
Maintenance Equipment Inc., for replacement
street sweepers, stating they do not meet the
minimum bid specifications.
Bakersfield, California, April 17, 2013 — Page 5
5. PUBLIC STATEMENTS continued ACTION TAKEN
h. The following individuals spoke in support of a
Chicken Ordinance: Estelle Freeman, with Kern
Delta 41-1; Denise Netherton, 4H parent; Mariela
Garza; Michael Branum, representing the
Bakersfield Fancy Feathers Club; and Linda
Snoddy, representing the Kern County 4H
(proposed that the setback requirements be
lowered to 20 feet from structures).
Councilmember Maxwell announced that this
issue will be discussed at the Legislative and
Litigation Committee meeting on Monday at
12:00 noon; and complimented Ms. Snoddy on
her presentation.
6. WORKSHOPS
None.
7. APPOINTMENTS
a. Two appointments to the Planning Commission,
due to the expiration of term of Dustin Dodgin
(Ward 3) and Justin Batey (Ward 5), whose
terms expire April 30, 2013.
Applications were received from the following
individuals for the Ward 3 appointment: Dustin
Dodgin, Ray Chopra, and Jenifer Pitcher.
Motion by Vice Mayor Weir to reappoint Dustin APPROVED
Dodgin to a 4 -year term as the Ward 3 Planning
Commissioner, which term will expire April 30,
2017.
Applications were received from the following
individuals for the Ward 5 appointment: Justin
Batey, Ray Chopra, Jenifer Pitcher, and John
Simmons.
Motion by Councilmember Hanson to reappoint APPROVED
Justin Batey to a 4 -year term as the Ward 5
Planning Commissioner, which term will expire
April 30, 2017.
8.
Bakersfield, California, April 17, 2013 — Page 6
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 20,
2013 Regular City Council Meetings.
Payments:
b. Receive and file department payments from
March 8, 2013, to April 4, 2013, in the amount of
$30,775,632.34 and self- insurance payments
from March 8, 2013, to April 4, 2013, in the
amount of $415,950.61 totaling, $31,191,582.95.
Ordinances:
C. Road Funding Ordinance Revisions:
1. First Reading of Ordinance amending
Chapter 3.04 of the Municipal Code
relating to the Special Gas Tax
Improvement Fund.
2. First Reading of Ordinance Authorizing
the City Council to establish a special
fund to be designated the "Roads
Program Utility Franchise Fee and
Surcharge Fund" to maintain the
additional franchise fees and utility
surcharges and the future utility
surcharge fees. If any received, or to be
received by the City pursuant to certain
electric and gas franchises and further
authorizing the City Council to designate
such funds be used solely for the City's
Roads Program and amending and
adding sections to Chapter 3.04 of
Municipal Code in connection therewith.
d. First Reading of Ordinance amending Municipal
Code Sections 1. 12.060 and 1. 12.070 by adding
Annexation No. 619 consisting of 45.27 acres
located along the south side of Taft Highway
east of South H Street to Ward 7, and
Annexation No. 624 consisting of 17.32 acres
located along the east and west side of Stine
Road north of Taft Highway to Wards 6 & 7.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
FR
Bakersfield, California, April 17, 2013 - Page 7
8. CONSENT CALENDAR continued
ACTION TAKEN
Resolutions:
e. Resolution adopting a Policy regarding
Complete Streets.
f. Wage Adjustments - Temporary Salaries,
Recreation and Parks Department:
Amendment No. 17 to Resolution No.
44 -93 setting salaries and related
benefits for Temporary Unit.
g. New Job Specification and Change to Salary
Schedule:
Amendment No. 6 to Resolution No.
140 -08 approving Memorandum of
Understanding for employees of the Blue
and White Collar Units and adopting
salary schedule and related benefits for
Police Latent Print Examiner.
2. New Job Specification: Police Latent
Print Examiner - #21300.
h. Resolution confirming approval by the City
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City
for which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and the demolishment
of dangerous buildings and authorizing
collection of the assessments by the Kern
County Tax Collector.
Resolution approving an application to the Kern
County Local Agency Formation Commission
to annex uninhabited territory into the City
identified as Annexation No. 517 located south
of Panama Lane between Progress Road and
Old River Road.
j. Resolution authorizing the filing of an
application with the Kern Council of
Governments for allocation of Transportation
Development Act funds for Fiscal Year
2013 -14 ($247,037) for the maintenance of the
Bakersfield Amtrak Station during said fiscal
year.
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
RES 140 -08(6)
RES 036 -13
RES 037 -13
RES 038 -13
8.
Bakersfield, California, April 17, 2013 — Page 8
CONSENT CALENDAR continued ACTION TAKEN
k. California Enterprise Development
Authority Property Assessed Clean
Energy Program (PACE): (deferred from the
meeting of 3/6/ 13)
Resolution approving associate RES 039 -13
membership by the City in the CEDA
Program and authorizing and directing
the execution of an associate
membership agreement with CEDA.
2. Associate Membership Agreement with AGR 13 -039
CEDA.
3. Resolution consenting to inclusion of
RES 040 -13
properties within the Incorporated area
of the City in the Kern County Property
Assessed Clean Energy Program (PACE)
to finance distributed generation
renewable energy sources and energy
and water 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
participation agreement with CEDA.
4. Participation Agreement in CEDA PACE
AGR 13 -040
Program.
Resolution proclaiming the City's unwavering
REMOVED FOR
support for The Bill of Rights and the Annual
SEPARATE
Commemoration of National Bill of Rights Day.
CONSIDERATION
M. 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. 1741 adding Area 4-114 ROI 1741
(3838 San Dimas Street)
2. ROI No. 1742 adding Area 1 -93 ROI 1742
(5000 Commerce Drive)
3. ROI No. 1743 adding Area 2 -53 ROI 1743
(46921 White Lane)
Bakersfield, California, April 17, 2013 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.m. continued
4. ROI No. 1749 adding Area 1 -94
(10948 Snow Road)
5. ROI No. 1750 adding Area 3 -87
(5511 Woodmere Drive)
6. ROI No. 1751 adding Area 3 -88
(Hosking, SR99 South)
n. Resolution of Intention No. 1740 ordering the
vacation of the public utilities easement
located in a previously vacated alley in blocks
140 and 141, north of West Sumner Street and
east of Golden State Avenue.
Agreements:
o. Agreement with Public Agency Retirement
Services (PARS) for administrative and custodial
services regarding the City's Retiree Medical
Irrevocable Trust.
P. Operational Agreements required for
Bakersfield Police Department to receive a
grant from California Emergency Management
Agency for the Operational Children Exposed
to Domestic Violence Specialized Response
Program:
1. The Alliance Against Family Violence
and Sexual Assault ($105,987).
2. Child Protective Services - Kern County
Department of Human Services (CPS).
q. Agreement with Re- Store, LLC ($92,600), for the
upgrade and conversion of the City's disaster
recovery and back -up system.
r. Agreement with Ashland, Inc. ($450,000), to
provide dewatering polymer for Wastewater
Treatment Plant No. 3.
Transportation Impact Fee Credit Agreement
with D. R. Horton VEN, Inc. (not to exceed
$97,449.88), for construction of improvements
on Stine Road along the frontage of Tentative
Tract Map 6639.
ROI 1749
ROI 1750
ROI 1751
ROI 1740
AGR 13 -041
AGR 13 -042
AGR 13 -043
AGR 13 -044
AGR 13 -045
AGR 13 -046
8.
Bakersfield, California, April 17, 2013 — Page 10
CONSENT CALENDAR continued ACTION TAKEN
t. Maintenance Agreement with Bakersfield 100, AGR 13 -047
LP, for Tract 6193 Phases 1 & 2 located
easterly of Kern Canyon Road and north of
Chase Avenue.
U. Final Map, Landscape Agreement and AGR 13 -048
Maintenance Agreement with Estancia AGR 13 -049
Valley, LLC, for Tract 6361 Phase 2 located north ABS SMITH
of Snow Road and west of Verdugo Road.
V. Final Map and Improvement Agreement with AGR 13 -050
Castle & Cooke California, Inc., for Tract 6448
Phase 12 located south of Stockdale Highway
and west of Renfro Road.
W. Final Map and Improvement Agreement with AGR 13 -051
Castle & Cooke California, Inc., for Tract 6250
Phase 19 located north of Stockdale Highway
and west of Jewetta Avenue.
X. State Route 178 at Morning Drive Interchange
Project: (TRIP)
Utility Agreement with Pacific Gas and AGR 13 -052
Electric Company ($588,443; $520,948.59
Federal (88.53 %) and $67,494.41 Local
(11.47 %)) for the relocation of electrical
distribution facilities.
2. Utility Agreement with Pacific Gas and
Electric Company ($161,314; $142,811.28
AGR 13 -053
Federal (88.53 %) and $18,502.72 Local
(11.47 %)) for the relocation of electrical
distribution facilities.
3. Utility Agreement with AT &T ($323,055.21;
$286,000.78 Federal (88.53 %) and AGR 13 -054
$37,054.43 Local (11.47 %)) for the
relocation of telecommunication
facilities.
Y. Westside Parkway Phase 6C: (TRIP)
REMOVED FOR
1. Consultant Agreement with Nolte and SEPARATE
Associates, Inc. (not to exceed CONSIDERATION
$2,948,002.16), for construction
management services for the project.
8.
Bakersfield, California, April 17, 2013 — Page 11
CONSENT CALENDAR continued ACTION TAKEN
Item 8.y. continued
2. Appropriate and transfer $2 million
Transportation Development Fund
revenues to the Public Works Capital
Improvement budget within the TDF TRIP
Local Match Fund.
Z. Installation of data collection units on street
light poles for Advanced Meter Program:
Amendment No. 1 to Agreement AGR 12- 163(1)
No. 12 -163 with Southern California Gas
Company (SCG) to obligate SCG to pay
for electrical costs associated with SCG's
equipment and to indemnify and hold
City harmless for certain defined events
relating to installation of the data
collection units.
2. Agreement with Pacific Gas and Electric AGR 13 -056
Company for unmetered low wattage
equipment connected to customer -
owned street light facilities obligating
City to pay for electrical costs
associated with SCG's equipment and to
indemnify and hold PG &E harmless for
certain defined events. (Note: This
agreement with PG &E is required to
allow SCG to install the data collection
units. However, through Amendment No.
1 to Agreement No. 12 -163, SCG
assumes the responsibilities of the PG &E
agreement).
aa. Amendment No. 2 to Agreement No. 11 -048 AGR 11- 048(2)
with JCI Chemical, Inc. ($60,000; revised not to
exceed $181,023.55 and extending term one
year), for the supply of sodium hypochlorite for
Wastewater Treatment Plant No. 3.
bb. Amendment No. 2 to Agreement No. 1 1 -051 AGR 11- 051(2)
with Kern Turf Supply, Inc. ($175,000; revised not
to exceed $525,026.96 and extending term one
year) for the supply of irrigation parts and
supplies.
CC. Amendment No. 1 to Agreement No. 93-102 AGR 93- 102(1)
with Larry Goff (extending term of lease)
for Hangar Space A -7 at the Municipal Airport.
Bakersfield, California, April 17, 2013 - Page 12
8. CONSENT CALENDAR continued ACTION TAKEN
dd. Amendment No. 1 to Agreement No. 12 -133
with Centrisys Corporation ($100,000; revised
not to exceed $200,000), for centrifuge
watering system repairs at Wastewater
Treatment Plant No. 3.
ee. Relocation of five existing pipelines for the
Westside Parkway Phase 6C Project: (TRIP)
Contract Change Order No. 1 to
Agreement No. 12 -165 with Security
Paving Company, Inc. (Decrease of
$940,000; revised not to exceed
$29,042,222.42), for the project.
2. Reimbursement Agreement with Matrix
Oil Corporation ($550,000) to relocate
existing pipelines.
ff. Contract Change Order No. 7 to Agreement
No. 11 -091 with Raminha Construction
($57,195.39; revised not to exceed
$3,662,242.38) for the City Sanitary Landfill Final
Closure Project.
gg. Contract Change Order No. 4 to Agreement
No. 11 -109 with Loop Electric Inc. ($20,211.17;
revised not to exceed $311,695.14), for traffic
signal and lighting system at the intersection of
Stine and Hosking roads.
hh. Contract Change Order Nos. 20 and 21 to
Agreement No. 12 -069 with S.C. Anderson
Inc. ($95,963; revised not to exceed
$3,751,407.66), for the State Farm Sports Village
Phase 2 Project.
Bids:
ii. Accept bid from Municipal Maintenance
Equipment, Inc. ($900,869.55), for three
replacement mechanical rear broom street
sweepers for the Public Works Department,
Streets Division.
jj. Accept bid and approve contract with Gilliam
and Sons, Inc. (not to exceed $854,484), for the
annual contract for earthmoving and hauling
(Prevailing Wage Rate).
AGR 12- 133(1)
AGR 12 -165
CCO1
AGR 13 -057
AGR 11 -091
CC07
AGR 11 -109
CC04
AGR 12 -069
CCO20, CCO21
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 13 -058
8.
Bakersfield, California, April 17, 2013 - Page 13
CONSENT CALENDAR continued ACTION TAKEN
kk. Accept bid and approve contract with Gilliam AGR 13 -059
and Sons, Inc. (not to exceed $818,938), for the
annual contract for earthmoving and hauling
(Non- Prevailing Wage Rate).
Il. Accept bid and approve contract with AGR 13 -060
Graham Prewett, Inc. ($144,000), for roof
replacement at City Hall South.
mm. Accept bid and approve contract with AGR 13 -061
American, Inc. ($134,700), for cooling tower
replacement at City Hall South.
nn. Accept bid and approve contract with Cen- AGR 13 -062
Cal Construction (not to exceed $309,164.60),
for the construction of HUD funded curb and
gutter.
oo. Accept bid and approve contract with Granite AGR 13 -063
Construction Company (not to exceed
$594,164.40), for the supply of HUD funded
street materials.
pp. Mill Creek Linear Park Sister City Gardens Phase REMOVED FOR
B: SEPARATE
CONSIDERATION
1. Accept bid and approve contract with
Superior Construction ($799,500) for the
project.
2. Appropriate and transfer $340,000
Property Tax Administration Fee Refund
from the General Fund to the Recreation
and Parks Department's Capital
Improvement budget within the Capital
Outlay Fund for the project.
Miscellaneous:
qq. Appropriate $28,385 program income from the
Downtown Project Area Housing Fund to the
Community Development Department's
Operating budget within the Downtown Project
Area Housing Fund for payment of Housing
Successor Agency administrative expenses.
Bakersfield, California, April 17, 2013 - Page 14
8. CONSENT CALENDAR continued ACTION TAKEN
rr. Appropriate $190,000 North of the River's Park
Development Fees to the Recreation and Parks
Department's Capital Improvement budget
within the Park Improvement Fund for the
Riverlakes Park Project.
ss. Appropriate and transfer $150,000 in Property
Tax Administration Fee Refund revenues from
the General Fund to the Recreation and Parks
Department's Capital Improvement budget
within the Capital Outlay Fund for capital
improvements to the Bright House Network
Amphitheater.
tt. Appropriate and transfer $21,400 Fire Trust -
Hazmat Penalty Funds to the Certified Unified
Program Agency (CUPA) Fund Operating
budget for the purchase of Hazardous Materials
Team (Haz -mat) equipment including NIDS
Biological Monitor, Haz -mat suits, a printer and
Haz -mat supplies.
uu. Budget and Finance Committee Report
regarding FY 13/14 Community Development
Block Grant (CDBG - $2,713,993), HOME
Investment Partnership (HOME - $954,293), and
Emergency Shelter Grant (ESG - $236,500)
Annual Action Plan submittal (Total - 3,904,786).
(Budget & Finance Committee recommends
acceptance of the report, and authorize the City
Manager to execute all necessary HUD documents
required to submit the Annual Action Plan.)
vv. Acceptance of State Farm 2013 Good
Neighbor Citizenship grant ($5,000) and
appropriate $5,000 contribution to the Police
Department operating budget in the General
Fund to upgrade a dilapidated license plate
reader in the BPD Auto Theft Detail.
Successor Agency Business:
ww. Receive and file successor agency payments REMOVED FOR
from March 8, 2013, to April 4, 2013, in the SEPARATE
amount of $2,807,780.68. CONSIDERATION
Bakersfield, California, April 17, 2013 - Page 15
8. CONSENT CALENDAR continued
Assistant City Clerk Drimakis announced that staff
submitted a memorandum updating an ordinance for
item 8.c.; staff submitted a supplemental
memorandum providing additional information and
an updated agreement for item 8.s.; and a
supplemental memorandum providing corrections to
the administrative report on item 8.11.; she also stated
that correspondence was received from David P.
Kane, in protest to item 8.ii.
Councilmember Smith requested that item 8.e. be
removed for separate consideration.
Councilmember Smith announced he would
abstain, due to conflict of interest, source of income to
himself, on item 8.u.
Councilmember Johnson requested that items 8.c.,
81, 8.1., and 8.ww. be removed for separate
consideration.
Councilmember Maxwell requested that item 8.y., 8.1111.
and 8.pp. be removed for separate consideration.
ACTION TAKEN
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.ww. with the removal of
items 8.c., 8.e., 81, 81, 8.y., 8.11., 8.pp., and 8.ww. for
separate consideration.
C. Road Funding Ordinance Revisions:
First Reading of Ordinance amending FR
Chapter 3.04 of the Municipal Code
relating to the Special Gas Tax
Improvement Fund.
2. First Reading of Ordinance Authorizing FR
the City Council to establish a special
fund to be designated the "Roads
Program Utility Franchise Fee and
Surcharge Fund" to maintain the
additional franchise fees and utility
surcharges and the future utility
surcharge fees. If any received, or to be
received by the City pursuant to certain
electric and gas franchises and further
authorizing the City Council to designate
such funds be used solely for the City's
Roads Program and amending and
adding sections to Chapter 3.04 of
Municipal Code in connection therewith.
Bakersfield, California, April 17, 2013 - Page 16
8. CONSENT CALENDAR continued
Item 8.c. continued
Councilmember Johnson stated that he did not
support the implementation of a utility surcharge fee
and will be voting no on this item.
Motion by Vice -Mayor Weir to adopt Consent
Calendar Item 8.c.
e. Resolution adopting a Policy regarding
Complete Streets.
Councilmember Smith stated he feels this Resolution is
a great step towards the health of the community and
he is looking forward to the design of all streets in the
future to accommodate all road users.
Motion by Councilmember Smith to adopt Consent
Calendar item 8.e.
Wage Adjustments - Temporary Salaries,
Recreation and Parks Department:
1. Amendment No. 17 to Resolution
No. 44 -93 setting salaries and related
benefits for Temporary Unit.
Motion by Councilmember Johnson to adopt Consent
Calendar item 81, with the caveat that staff develop a
workforce resolution to assist In making the training of
lifeguards more affordable.
Resolution proclaiming the City's unwavering
support for The Bill of Rights and the Annual
Commemoration of National Bill of Rights Day.
Councilmember Johnson thanked Mr. Whitnack for
proposing the idea for this Resolution.
Motion by Councilmember Johnson to adopt Consent
Calendar item 81
Y. Westside Parkway Phase 6C: (TRIP)
1. Consultant Agreement with Nolte and
Associates, Inc. (not to exceed
$2,948,002.16), for construction
management services for the project.
2. Appropriate and transfer $2 million
Transportation Development Fund
revenues to the Public Works Capital
Improvement budget within the TDF TRIP
Local Match Fund.
ACTION TAKEN
APPROVED
NOES JOHNSON
RES 035 -13
APPROVED
RES 44-93(17)
APPROVED
RES 041 -13
APPROVED
AGR 13 -055
Bakersfield, California, April 17, 2013 - Page 17
8. CONSENT CALENDAR continued
Item 8.y. continued
ACTION TAKEN
Motion by Councllmember Maxwell to adopt Consent APPROVED
Calendar Item 8.y. and request that staff report back
to City Council In one year with an update on the
project and to report N there are any anticipated
problems or delays with completing the project on
time.
Accept bid from Municipal Maintenance
Equipment, Inc. ($900,869.55), for three
replacement mechanical rear broom street
sweepers for the Public Works Department,
Streets Division.
Motion by Councilmember Maxwell to continue APPROVED
Consent Calendar Item 8.H. to the next meeting, In
order to investigate some concerns brought up by the
competitor in this bidding process.
pp. Mill Creek Linear Park Sister City Gardens Phase
B:
1. Accept bid and approve contract with
Superior Construction ($799,500) for the
project.
2. Appropriate and transfer $340,000
Property Tax Administration Fee Refund
from the General Fund to the Recreation
and Parks Department's Capital
Improvement budget within the Capital
Outlay Fund for the project.
Motion by Councllmember Maxwell to put this project
on hold and get someone who will do it for
considerably less, more into the guidelines of what we
would like to spend.
Public Works Director Rojas advised that staff can re-
look at this project to reduce some of the design
features to bring the costs down, and bring it back to
Council.
Mayor Hall expressed his concern with delaying the
project, and stated that the Sister City Board of
Directors and he have put a lot of energy into this
project and they want to see It succeed.
Bakersfield, California, April 17, 2013 — Page 18
8. CONSENT CALENDAR continued
Item 8.pp. continued
Councilmember Hanson explained the City needs to
be careful with money spent and suggested that the
Sister City Board hold a fundraiser event to help with
the cost of this project.
Councilmember Sullivan asked that this matter be
heard in the near future, as delegates from other Sister
City countries are looking forward to visiting
Bakersfield, and asked staff to come back to the next
Council meeting with a projection date of when the
last phase of the project can be completed.
ACTION TAKEN
Motion by Councilmember Maxwell to put this project APPROVED
on hold and get someone who will do it for
considerably less, more into the guidelines of what we
would like to spend.
ww. Receive and file successor agency payments
from March 8, 2013, to April 4, 2013, in the
amount of $2,807,780.68.
Councilmember Johnson requested that staff provide
a letter to State officials thanking them for their efforts
and support regarding the State of California
Department of Finance Issues, and reaching out for
their help as the City moves forward in dealing with the
State.
Motion by Councilmember Johnson to adopt Consent APPROVED
Calendar Item 8.ww.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing on Resolution of Necessity to RES 042 -13
determine the public interest and necessity for
acquisition of certain real property in northeast
Bakersfield (APN 435 - 010 -12) to develop and
construct Morning Drive south of State Route
178 to College Avenue
(Code Civ. Proc. § 1240.010). (Staff recommends
adoption of Resolution.)
Bakersfield, California, April 17, 2013 — Page 19
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
b. Public Hearing on Resolution of Necessity to RES 043 -13
determine the public interest and necessity for
acquisition of certain real property in northeast
Bakersfield (APNs 533 - 011 -07, 08 & 25) to
develop and construct Morning Drive south of
State Route 178 to College Avenue (Code Civ.
Proc. § 1240.010). (Staff recommends adoption of
Resolution.)
C. Public Hearing to consider an adjustment to the
Water Availability Fee for the City's Domestic
Water System:
1. Resolution setting Domestic Water RES 044 -13
Availability Fee for Ashe, Fairhaven and
Riverlakes Ranch service areas of the
City's Water System. (Staff recommends
adoption of Resolution.)
Consent Calendar Public Hearings opened at
7:04 p.m.
No one spoke.
Consent Calendar Public Hearings closed at
7:04 p.m.
Motion by Vice -Mayor Weir to adopt Consent Calendar APPROVED
Hearing Items 9.a. through 9.c.
10. HEARINGS
None.
11. REPORTS
None.
12. DEFFERED BUSINESS
None.
13. NEW BUSINESS
None.
Bakersfield, California, April 17, 2013 - Page 20
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson requested that staff explore
the Idea of using )Pads for the Council In order to
eliminate the amount of paper used.
Councllmember Maxwell asked that the bus stop and
window signage issues be referred to the Legislative
and Litigation Committee.
Councllmember Maxwell asked staff to look Into
the potholes on Pacific Street as the residents are
concerned with damage to their vehicles.
Councllmember Maxwell asked staff to request that
Caltrans look into allowing vehicles to make left hand
turns onto M Street from Highway 178, to help alleviate
traffic.
Counciimember Smith recognized that the City lost an
employee, Janice Horcasitas, who passed away last
week.
Councllmember Sullivan asked that staff to look Into
ways to enforce penalties on people who litter and
suggested going to schools and educating students
on the effect of litter.
Councllmember Sullivan requested that staff measure
the on and off ramps of the freeway and look into the
cost of the beautification of the ramps with red
stamped concrete.
Councllmember Sullivan requested that the sprinklers
along the freeway repaired.
Counciimember Sullivan expressed gratitude to the
Keep Bakersfield Beautiful Committee for their efforts in
the removal of litter.
Mayor Hall spoke regarding an inquiry from
Councilmember Sullivan about the ability to have No
Litter signs placed in Bakersfield and stated that
Caltrans has installed 11 new signs; he stated that
there are pending contracts that will include litter
removal and weed cleanup and expressed his
enthusiasm with the partnerships developing between
the City and other agencies; and provided an update
on the effort to clean up the homeless encampments.
ACTION TAKEN
Bakersfield, California, April 17, 2013 - Page 21
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall expressed gratitude to the Solid Waste
Department and the Kern Refuse haulers for the blue
cart recycling programs that have been placed at
four local elementary school districts, which has
educated students on how to reduce litter on their
campus and at home.
Mayor Hall announced that he sent a condolence
letter to the Mayor of Boston expressing his and the
City Council's concerns for their recent tragedy.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:21 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield