HomeMy WebLinkAbout06/05/13_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF JUNE 5, 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. WORKSHOPS
a. Department Budget Presentations:
1. Rabobank
2. Convention and Visitors Bureau
3. Fire Department
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d)(1) for the following:
Caitlyn Lamond, et al. v. City, Kern County Superior Court Case
No. S- 1500 -CV- 275123 SPC.
2. Joe R. Slaughter, et al. v. City, et al., Kern County Superior Court Case
No, S- 1500 -CV- 271472 LHB,
5. CLOSED SESSION ACTION
6. ADJOURNMENT
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
2. INVOCATION by Rabbi Schlanger, Chabad of Bakersfield.
3. PLEDGE OF ALLEGIANCE by Nicholas Brown, 5m grade student at Wayside Elementary
School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Lance McCullah, declaring June 5,
2013, Lance McCullah Day.
b. Presentation by Mayor Hall of a picture plaque to Linda Jay, Chief Executive Officer,
and David Knoeb, President, of the Bakersfield Association of Realtors, honoring the
Bakersfield Association of Realtors' beautification efforts.
5. PUBLIC STATEMENTS
6. WORKSHOPS
a. Department Budget Presentation:
1, Recreation and Parks Department
b, Budget Referral Update
C. Overview of TRIP Financing,
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the May 15, 2013 Regular City Council Meetings.
Payments:
b. Receive and file department payments from May 3, 2013, to May 21, 2013, in the
amount of $16,756,455,55 and self- Insurance payments from May 3, 2013, to May 21,
2013, in the amount of $256,681.37, totaling $17,013,136.92.
Ordinances:
(Ward 4 -7) C. First Reading of Ordinance amending Section 14.04.120 of the Municipal Code
relating to Rates and Fees,
d. Adoption of Ordinance amending the text of various sections of Chapter 17.60 of
the Municipal Code relating to signs. (FR 05115113)
(Ward 4') e, Adoption 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 4 upon annexation), (FR 05101113)
Resolutions:
f. 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.
g. Resolution approving the destruction of certain obsolete City records, documents,
Instruments, books and papers, pursuant to California Government Code Section
34090, et seq, (Public Works Department)
-upon annexatlon
City Council Meeting of 06/05/2013
S. CONSENT CALENDAR continued
h. Resolution adopting sewer connection fees pursuant to Section 14,12,380 of the
Municipal Code,
Resolution providing for the collection of residential refuse charges by the Kern
County Auditor- Controller's Office,
Resolution providing for the collection of sewer and storm sewer service user charges
by the Kern County Auditor- Controller's Office.
k, Collection of delinquent refuse and sewer charges by the Kern County Auditor -
Controller's Office on Fiscal Year 2013/14 Property Tax Rolls:
Resolution providing for the collection of delinquent refuse fees,
2. Resolution providing for the collection of delinquent sewer fees.
(Ward 5) I. Resolution of Intention No. 1752 establishing the Police and Fire Services Community
Facilities District No. 2013 -1 (West Ming Specific Plan); to levy a special tax therein to
finance additional Police and Fire Services required by new development within the
Community Facilities District.
Agreements:
(Ward 2) M. Disposition and Development Agreement (DDA) with Golden Empire Affordable
Housing, Inc. II ($3,250,000 in various housing funds), to support the construction of a
56 -unit affordable housing complex at 400 20th Street.
n, Agreement with Duane Morris (not to exceed $400,000), to provide outside legal
services in the matter of City v. Kern County, KCSC Case No. S- 1500 -CV- 279379,
related to property tax and contract Issues,
o. Renewal of Agreements with Clifford & Brown for legal services regarding General
Miscellaneous Issues ($75,000) and General Personnel Issues ($75,000).
P. Agreement with Professional Dynamics, Inc, ($195,000; not to exceed $65,000
annually for a three year period, to provide utilization review services; and $300,000;
not to exceed $100,000 annually for a three year period, to provide nurse case
management services), for the Self- Insured Workers' Compensation Program,
(Ward 5) q. Final Map and Improvement Agreement with Castle & Cooke California, Inc„ for
Tract 7161 Phase 2 located south of Chamber Blvd, and west of Windermere
Street.
(Ward 5) r. Final Map and Improvement Agreement with Bolthouse Development Company,
LLC, for Parcel Map 11952 Phase 2 located south of Bolthouse Drive and west of
Buena Vista Road,
(Ward 1) S. Design Consultant Agreement with Parsons Brinkerhoff (not to exceed $1,495,720 -
80% funded by federal monles, 20% local monles), for construction management
services for the State Route (SR) -58 Gap Closure Project, (TRIP)
City Council Meeting of 06/05/2013
8. CONSENT CALENDAR continued
(Ward 2,3) t. Hageman Flyover Project: (TRIP)
1. Cooperative Agreement with the State of California Department of
Transportation (Caltrans), ($4,277,000; $3,786,428.10 Federal (88.53 %) and
$490,571.90 Local (11.47 %)), to prepare the Project Approval and
Environmental Document, Plans, Specifications and Estimate and
Right -of -Way documents.
2. Appropriate $3,915,060 Federal SAFETEA -LU grant revenues to the Public Works
Capital Improvement Budget within the TRIP Federal /State Grant Fund.
(Word 3,7) U. State Route (SR) 99 Improvement Projects:
1. Amendment No. 1 to Cooperative Agreement No. 10 -110 (Caltrans
Agreement No. 06 -1471) with the State of California Department of
Transportation (Caltrans) reducing the City's contribution by $160,000 (from
$250,000 to $90,000), towards preconstruction work needed for proposed
Improvements on SR 99 from SR 119 to Ming Avenue and from SR 204 to
Olive Drive.
2. Cooperative Agreement with Caltrans ($160,000), for City's contribution
towards construction work Improvements on SR 99 to the southbound off -
ramp at Panama Lane,
3. Transfer $160,000 from amount budgeted for preconstruction work for
proposed Improvements on SR 99 from SR 119 to Ming Avenue and from SR
204 to Olive Drive to a new project for construction work for proposed
Improvements on SR 99 to the southbound off -ramp at Panama Lane within
the Transportation Development Fund.
(Ward 2A) v, Amendment No. 2 to Agreement No. 12 -095 with Mark Thomas and Company, Inc.
($159,448.86: $19,476.60 Federal, $2,523.40 Local TDF, and $137,448.86 Water
Enterprise Funding; revised not to exceed $2,751,160.96), for Engineering Design
Services for the Rosedale Highway Widening Project. (TRIP)
(Word 2) W. Amendment No. 1 to Agreement No. 09 -055 with Niemeyer & Associates, P.C.,
($12,500; revised not to exceed $162,500 and extend term four months), for Amtrak
Railroad Track Inspection Services.
(Ward 1) X. Amendment No. 2 to Agreement No. 93 -144 with Jerry Manda (no change to $40
monthly lease rate), to extend term of lease for Hangar Space # A -2 at the Municipal
Airport.
Y. Amendment No. 1 to Agreement No. ED11 -012 with AmerlNational Community
Services, Inc. ($44,000; not to exceed $84,000), to provide loan and related financial
services for the City's Single - Family Rehabilitation, Multi - Family Rehabilitation,
Commercial Loans and Down Payment Assistance loan programs.
Z. Amendment No. 1 to Agreement No. 12 -098 with Stay Green, Inc. ($300,000; revised
not to exceed $600,000 and extend term one year), for tree trimming.
4 City Council Meeting of 06/05/2013
8. CONSENT CALENDAR continued
(Ward 2,4,5) aa. Contract Change Order Nos, 54, 72, 75, 79, 83, 85, 87, 102, 108, 109, 110, 129, 133 and
134 to Agreement No. 09 -076 with Security Paving Company, Inc. (net decrease of
$101,456.89; revised not to exceed $93,086,029.52), for the construction of the
Westside Parkway Phase 2 Project, (TRIP)
(Ward 2) bb. Contract Change Order No. 15, 20, 24, 26, 35, 38, 42, 43, 44, and 46 to Agreement
No. 10 -168 with Security Paving Company, Inc. ($352,488.06; revised not to exceed
$24,378,248,39; change orders funded with traffic Impact and utility surcharge fees),
for the construction of the Westside Parkway Phase 4 Project. (TRIP)
(Ward 4) cc. Contract Change Order No. 22 to Agreement No. 11 -144 with Security Paving
Company, Inc. (net decrease of $176,064.27; revised not to exceed $12,262,134.43),
for the construction of the Westside Parkway Phase 6B Project. (TRIP)
Bids:
(Ward 6) dd. Accept base bid plus additive alternate No. 1 and approve contract with Day's
Generator Service, Inc. ($129,413), to furnish and install a standby generator at Fire
Station No. 7.
(Ward 2) ee. Accept bid and approve contract with Day's Generator Service, Inc. ($132,290), to
furnish and Install a standby generator at Fire Station No, 1.
ff. Accept bid and approve contract with Safeway Sign Company (not to exceed
$110,693.40), for the annual contract for traffic signs.
(Ward 1) gg. Accept bid and approve contract with Kern Asphalt ($266,114), for paving at the
Green Waste Facility.
(Ward 1) hh. Accept bid and approve contract with Bowman Asphalt, Inc. ($642,426), for
Pavement Rehabilitation 2013 Phase 3 - Dr, Martin Luther King Jr. Blvd. from Wilkins
Street to E. California Avenue.
(Ward 2) ii. Accept base bid and approve contract with Brown and Fowler Construction, Inc.
($331,000), for Beale and Saunders parks playground rehabilitation projects.
jj, Accept bid and approve contract with Allied Weed Control, Inc. ($388,905), for the
application of herbicides.
Miscellaneous:
(Ward 1) kk. Transfer $25,000 from a currently budgeted CIP project (Replace Hangar Doors -Kern
Chapter) to a new CIP project for security cameras at the Municipal Airport within
the General Aviation Fund.
Appropriate $79,667 Federal Grant funds from the USDA Forest Service and $54,125
State Grant funds from the California Emergency Management Agency to the Fire
Department Operating budget within the General Fund for reimbursement of
personnel costs on state -wide master mutual aid assignments.
mm. Appropriate $10,000 Prevention Revenue in the Certified Unified Program Agency
(CUPA) Fund Operating Budget for a televised Public Service Announcement (PSA)
on pool safety.
City Council Meeting of 06/05/2013
8. CONSENT CALENDAR continued
(Ward 2) nn. Budgetary actions regarding Centennial Corridor; (TRIP)
1. Appropriate $17,706,000 in Federal SAFETEA -LU funding to the Capital
Improvement budget within the TRIP Federal /State fund for continued
environmental and advanced preliminary engineering work on the above
project.
(Ward 2) oo. Final Map (only) with the City, Successor Housing Agency, by operation of
law to the Bakersfield Redevelopment Agency, as recorded owner, for Tract 7209
located north of California Avenue and west of S Street.
pp. Authorize the Finance Director to write off accounts receivable in various funds
totaling $152,817.49 and forward non bankrupt accounts to a collection agency
for additional collection efforts.
qq. Department of Housing & Urban Development (HUD) Action Plan Amendments;
1. FY10 /11 Action Plan Amendment 10, FY11 /12 Action Plan Amendment 3,
and FY12 /13 Action Plan Amendment 4.
2. Transfer $312,380 operating savings from Acquisition and Demolition funds
and transfer $1,397,387 capital project savings from various Capital
Improvement Projects within the CDBG Fund to the CDBG Operating
budget for costs associated with acquisition and /or construction of
affordable housing by a Community Based Development Organization
(CBDO).
Successor Agency Business:
rr. Receive and file successor agency payments from May 3, 2013, to May 21, 2013, In
the amount of $105.30.
Staff recommends adoption of Consent Calendar items 8a. through 8.rr.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Protest Hearing to consider Resolution approving and adopting the Public Works
Director's Report for the Consolidated Maintenance District and the 2013 -2014
budget, confirming the park landscaping assessments and authorizing collection of
assessments by the Kern County Tax Collector. (Staff recommends overriding protests
and adoption of Resolution.)
b. Protest Hearing to consider Resolution approving and adopting the Public Works
Director's Report for the Consolidated Maintenance District and the 2013 -2014
budget, confirming the street landscaping assessments and authorizing collection of
assessments by the Kern County Tax Collector. (Staff recommends overriding protests
and adoption of Resolution.)
C. Protest Hearing to consider Resolution approving and adopting the Public Works
Director's Report for seventeen (17) Traffic Signal Maintenance Districts and the 2013-
2014 budgets, confirming the assessments and authorizing collection of assessments
by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of
Resolution.)
City Council Meeting of 06/05/2013
9. CONSENT CALENDAR PUBLIC HEARINGS continued
(Ward 5) d. Public Hearing to consider Resolution ordering 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, (Staff recommends adoption of Resolution)
(Word 6) e, Public hearing to consider Resolution ordering the summary vacation of a public
utilities easement located south of Ming Avenue and west of Canter Way. (Staff
recommends adoption of Resolution.)
f. Public hearing to consider Resolution approving and adopting an adjusted fee for
the development and improvement of parks within the City (Proposed 1.98%
Increase). (Staff recommends adoption of Resolution.)
10. HEARINGS
a. Public Hearing for the Fiscal Year 2013 -2014 Operating and Capital Improvement
Program Budgets.
Staff recommends Councll hear public testimony.
b. First Reading of Ordinance adding Section 17,04.463 and amending Section
17,08.050 of the Municipal Code relating to medical marijuana dispensaries,
For City Council's Consideration.
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
05/30/13 2,30pm
Respectfully submitted,
"-O� C�-�
c Alan Tandy
City Manager
City Council Meeting of 06/05/2013
U
AGENDA HIGHLIGHTS
June 5, 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 those Items agendized for the 3:30 session.
Following three department budget presentations, the Council will recess Into Closed Session. Upon
conclusion of the Closed Session, any Closed Session action will be announced and the 3:30 p.m.
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. Department Budget Presentations. The proposed FY 2013 -14 budgets for Rabobank
Arena, Theater & Convention Center, Bright House Networks Amphitheatre, San Joaquin
Hospital Ice Center of Bakersfield; the Convention and Visitors Bureau; and the Fire
Department will be presented. The Recreation and Parks Department budget presentation
will follow later under Workshop item 6a. during the 5:15 meeting. There will also be a
presentation and possible action on budget alternatives suggested by Councilmembers to
date.
Item 3b. There will be a conference with Legal Counsel regarding two cases of existing
litigation.
REGULAR MEETING - 5:15 p.m.
Note: As we progress towards the approval of the FY 2013.14 budget, you will notice there are
multiple items throughout this agenda that are related to next year's budget. This includes a
presentation, under Workshops, related to various Council budget referrals In which staff will
provide options and seek Council direction. There are several Resolutions related to the
adoption of sewer connection fees, residential refuse charges, and sewer and storm sewer
user charges, all of which staff Is recommending no Increases for. In addition, there are
several items under the Consent Calendar Public Hearings portion of the agenda In which staff
is recommending the annual budget approval for the Consolidated Maintenance District and
collection of several assessments related to park and street landscaping as well as approval of
the budget and assessments for the Traffic Signal Maintenance Districts.
V •;. i
Item 6c. Overview of TRIP Financing. Staff will be providing a presentation regarding the
current status and future actions associated with financing the Thomas Roads Improvement
Program.
ri
Item 81. Resolution of Intention Establishing a Police and Fire Services Community Facilities
District for the West Mina Specific Plan Area. This item initiates a multi -step process to form a
Community Facilities District to provide funding for Fire and Police protection services needed
for the development of the West Ming Specific Plan Area. The formation of this district is a
component of a Development Agreement which was entered into by the City, Castle &
Cooke and Bolthouse Properties in 2007. Future steps include conducting a Public Hearing as
well as an election of the properties owners included in the district.
Item 8m. Disposition and Development Agreement with Golden Empire Affordable Housing,
Inc. ll. This Agreement facilitates the Park 20th Apartments Project, formerly known as the 20th
Street Housing or 20th Street Veterans Project. This project consists of the construction of a
minimum 56 -unit affordable housing complex by Golden Empire Affordable Housing, Inc. II.
The completion of this project is a requirement of the $10.8 million Proposition IC grant
awarded to the City as part of the larger Mill Creek improvements. Once completed, this
housing will be leased to veterans and households earning 50 percent of the area median
income or less. A total of 25 units will be specifically designated for homeless and low- income
veterans.
Item 8t. Haaeman Flover Project_ Cooperative Aareement With the __State _of_ California
Department of Transportation (Caltrans). The Hageman Flyover Project is part of the Thomas
Roads Improvement Program. The project includes improvements to Hageman Road and a
bridge over the State Route 99 freeway, with a connection and improvements to Golden
State Avenue. This Cooperative Agreement outlines the responsibilities of both the City and
Caltrans with respect to the PA &ED, PS &E and ROW phases of the project. This agreement is a
requirement for obtaining federal funds for these phases of work.
Items Sao, bb & cc. Contract Change Orders with Security Paving Company for the Westside
Parkway Project - Phases 2. 4. and 6B. These items include multiple change orders associated
with work on the above listed phases of the Westside Parkway Project. Two of the items
include net decreases in the City's contract with Security Paving while one includes a net
increase. When each of these items are combined, the result is a net increase of just under
$75,000 to the City.
Item 8nn. Budgetary Actions Regarding Centennial Corridor. As part of the Thomas Roads
Improvement Program, the Centennial Corridor Project will connect interstate 5 to State Route
58 via the Westside Parkway. Previously, the City received approval from Caltrans to spend
$22,132,500 for the environmental phase of the project. The City recently received
authorization to spend an additional $17,706,000 to complete the environmental document
and begin advanced preliminary engineering. This action is necessary to properly account for
this newly authorized funding from Caltrans.
Agenda Highlights - June 5, 2013 Council Meeting
Page 2
Item 10a. Public Hearing for the Fiscal Year 2013 -2014 O eg. rating and Ca itp al Iml2rovement
Program Budgets. This item provides for an opportunity for the Council to receive public
comment on the City's proposed budget prior to its adoption. Final adoption of the budget is
scheduled for June 26, 2013.
Item 10b. First Reading of an Ordinance relating to Medical Marijuana Dispensaries At the
request of Councilmember Maxwell, the City Attorney's Office has drafted an ordinance for
City Council consideration which would make medical marijuana dispensaries a prohibited
use in every zone of the City of Bakersfield. The enactment of this ordinance will essentially
codify a previous City Council Resolution, passed in 2004, which already prohibits medical
marijuana dispensaries in the City of Bakersfield. This ordinance is consistent with a recent
ruling by the California Supreme Court which upheld a similar ordinance in the City of
Riverside.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - June 5, 2013 Council Meeting
Page 3
MEETING DATE: June 5, 2013 AGENDA SECTION: Workshops
ITEM: J-4
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: May 27, 2013
SUBJECT: Department Budget Presentations
1. Rabobank
2. Convention and Visitors Bureau
3. Fire Department
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY v
CITY MANAGER
BACKGROUND: Staff from Rabobank and the Convention and Visitors Bureau, and the Fire
Department, 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.
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1 -
(. ��I�IJllrn.
ADMINISTRATIVE REPORT
MEETING DATE June 5, 2013 AGENDA SECTION: Closed Session
ITEM: y, a .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 23, 2013
APPROVED
DEPARTMENT HEAD 1/9
CITY ATTORNEY
CITY MANAGER
Conference with Legal Counsel — Existing Litigation
Closed session pursuant to Government Code section 54956.9(d) (1)
• Caitlyn Lomond, et al. v. City of Bakersfield
Kern County Superior Court Case No. S- 1500 -CV- 275123 SPC
• Joe R. Slaughter, et al. v. City of Bakersfield, et al.
Kern County Superior Court Case No. S- 1500 -CV- 271472 LHB
VG:Isc
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MEETING DATE: June 5, 2013 AGENDA SECTION: Presentations
ITEM: q. q.
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: May 21, 2013
OVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Lance McCullah, declaring June 5, 2013,
"Lance McCullah Day" in Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
May 20, 2013, 11:26AM
9 A
� r
ADMINISTRATIVE REPORT
MEETING DATE: June 5, 2013 AGENDA SECTION: Presentations
ITEM: y. h.
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: May 21, 2013
PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a picture plaque to Linda Jay, Chief Executive Officer of the
Bakersfield Association of Realtors, and David Knoeb, President of the Bakersfield
Association of Realtors, honoring the Bakersfield Association of Realtors' beautification
efforts.
RECOMMENDATION:
BACKGROUND:
krt
May 22, 2013, 9:23AM
A
ADMINISTRATIVE REPORT
IF O
MEETING DATE: June 5, 2013 AGENDA SECTION: Workshops
ITEM: 4.4.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: May 27, 2013
SUBJECT: Department Budget Presentations
1. Recreation and Parks
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
BACKGROUND: Staff from the Recreation and Parks Department 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.
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MEETING DATE: June 5, 2013 AGENDA SECTION: Workshops
ITEM: (, b ,
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: May 29, 2013
SUBJECT: Budget Referral Update
RECOMMENDATION:
Staff recommends alternative A or B as outlined below.
BACKGROUND:
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
During the City Council Meetings of April 17 and May 1 three budget related requests
were made which included potential amendments to the Proposed Budget and
required responses from staff. Due to the nature of the budget requests, staff is
responding to all three in one memo to provide a comprehensive look at the requests in
relation to funding availability.
General Fund Reauests-
Re uest
Date
Councilmember
Amount
Contribution to Beale Band
A ri117, 2013
Sullivan
$5,000 — $10,000
Contribution to Bakersfield
Symphony Orchestra
May 1, 2013
Hanson, Maxwell,
Johnson
$7,500 - $50,000
10 Additional Sworn Positions
I May 1, 2013
lJohnson
$1,315,000
Potential Fundina Sources-
Source
Amount
Council Contingency
$250,000
Revised General Fund Revenue Projections
$210,000
Savings from Reduced Overtime — Public Works Signing and Marking
$20,000
Eliminate Remainder of General Fund Proposed Positions Not Recommended
$396,053
Freeze All Non -Sworn General Fund Vacant Positions (Not Recommended)
$1,400,000
Resolution of County Disputes (FY 13 -14 Estimated Amounts) (Time Frame for
Resolution Indeterminate
$1,162,180
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Recommendation
Staff recommends pursuing either of the following alternatives:
A) Fund four additional Police Officer positions using Council Contingency, revised
General Fund Revenue projections and savings from reduced overtime as a result
of the restoration of the Signing and Marking position within Public Works.
- Additionally, give staff direction to apply revenues wrongfully captured by
Kern County to sworn Police positions if the issues are favorably settled. This
would fund approximately 8 additional sworn positions if applicable to a full
year. It should be noted that a short term settlement is not expected.
B) Utilizing the same funding sources as above, but fund three full time Police Officer
positions and one Police Service Technician, leaving a balance to make
contributions at a level to be designated by City Council to the Symphony and
Beale Band Concerts. The approximate balance available for the contributions
would be $37,000.
Background Information
10 Additional Sworn Positions for Police Department
As proposed by staff, the FY 2013 -14 Budget includes the restoration of 10 sworn officer
positions and four civilian positions to the Police Department complement to address
critical service demands. The addition of the sworn officers would result in the largest
sworn complement in the Department's history at 389 positions.
The request for 10 additional sworn positions would increase the sworn complement to
399. The recommended make -up of the 10 additional sworn positions would be two
Sergeants and eight Police Officer positions. The estimated cost for the positions is
approximately $1,315,000. The cost includes salary and benefits, equipment and three
police vehicles.
After analysis, staff has identified available funding for four Police Officer positions that
would not require the need to reduce other General Fund proposed positions or freeze
currently authorized, but vacant positions in the General Fund. The addition of the four
officers would preclude the ability for the City to provide a contribution to either the
Beale Band or Symphony.
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Beale Band Contribution
Historically, the City had contributed to the Beale Band Concerts through a contribution
appropriated within the Recreation and Parks Department's General Fund budget. Due
to the recession, the City has not contributed funds to the Beale Park Band since FY
2008 -09.
Bakersfield Symphony Orchestra Contribution
Due to the recession, the City has not contributed funds to the Symphony since FY 2009-
10. The amount of the contribution was generally $50,000 per year. The most recent
Symphony contribution, as a well as multiple other items and positions were reduced or
removed from the City's budget due to the severe economic hardship experienced
over the past four fiscal years.
General Fund Funding Availability
The following is an outline of potential funding sources for the budget requests:
Council Contingency, Updated General Fund Revenue Projections and Overtime
Savinas
As proposed, the Council Contingency is budgeted at $250,000 for FY 2013 -14. This
amount is available for use by the Council for the addition of positions.
Additionally, since the proposed budget was unveiled in May, staff has continued to
monitor trends in General Fund revenue for the current fiscal year and update
projections for next fiscal year. Most all revenues continue to be on track with estimates
and projections for the upcoming fiscal year. However, Developer related fees and
charges are tracking slightly higher than projections. As such, staff has determined a
positive adjustment of $210,000 for FY 2013 -14 is warranted.
Furthermore, the proposed restoration of the Service Maintenance Worker for Signing
and Marking will result in an approximately $20,000 savings in overtime. This amount can
be reallocated toward funding of additional sworn staff.
Combined, these sources yield sufficient resources for an additional 4 sworn Police
Officer positions at an approximate cost of $480,000. The funding is immediately
available to be included in the FY 2013 -14 budget without negatively impacting other
City departments personnel complements.
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ADMINISTRATIVE REPORT
General Fund Proposed Positions - Other Departments Not Recommended)
Position
Department/Division
Position Cost
Management Assistant
Executive - City Manager's Office
$ (72,283)
Accounting Clerk
Fire - Administration
$ (25,418)*
Service Maintenance Worker
Public Works - General Services
$ (52,680)
Service Maintenance Worker
Public Works - Streets
$ (48,466)
Service Maintenance Worker
Public Works - Streets
$ (48,466)
Building Inspector
Comm. Dev. - Building
$ (74,370)
Building Permit Tech
Comm. Dev. - Building
$ (74,370)
General Fund Proposed Positions Total
$ (396,053)
" 50 percent funded with CUPA Revenues (Non - General Fund).
As the economic conditions improve, all City departments are experiencing increased
service demands. The balance of the positions proposed for restoration outside of the
Police Department is critical to addressing these demands. As such, the City Manager's
Office is not recommending the substitution or reduction in positions from other
departments to offset the cost of an additional amount of sworn positions at this time. If
the City Council were to pursue this option, the savings would be sufficient for the
addition of 3 Police Officer positions.
Freeze Authorized Vacant General Fund Positions (Not Recommended)
Should the City Council wish to fund police positions above the level of the Council
Contingency, increased General Fund revenue projections, the potential County
settlement value and the proposed additional non -sworn General Fund positions, the
next suggested option would be to freeze the hiring for vacant authorized non - Police
General Fund positions already within the complement. Freezing vacant positions is less
costly then organizational cuts due to the unemployment and severance costs. This
action would save approximately $1,400,000 and equates to the addition of 9 Police
Officers and 2 Sergeants. The amount would fluctuate slightly based upon vacant
General Fund positions at the time of budget adoption.
Concurrently, staff is not recommending the reduction of other department's General
Fund proposed appropriations to offset the cost of additional sworn positions. Impacts
to critical City operations such as street maintenance would be adversely affected
under such a plan. Departments continue to maximize available resources and such a
negative adjustment would further damage services and staffing levels which have yet
to fully recover from pre- recession levels.
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ADMINISTRATIVE REPORT
Resolution of County Disputes (Time Frame for Resolution Indeterminate
Action
FY 2013 -14 Estimated Amount i Resolved
Property Tax MOU
$(736,180)
Fire Fund JPA
$(211,000)
Additional Litigation Costs
$(215,000)
Total
$(1,162,180)
The monies estimated to be withheld by the County in FY 2013 -14 and the additional
costs associated with litigation in these matters would otherwise be available to fund
the majority of the requested amount of additional sworn positions. Absent the impacts
of the County's actions, staff would be able to consider recommending a broader
restoration of sworn positions. This amount equates to approximately 8 additional sworn
positions - 7 Police Officers and 1 Sergeant.
It should be noted that the resolution of these disputes maybe a long way off since both
involve litigation. Should there be an unexpected early resolution, however, staff is
comfortable with recommending the proceeds be used this way.
Summary
The following table summarizes the potential actions and the equivalent sworn positions
equated to each specific action described above. Each action and staffing level
change is in addition to the 10 sworn positions currently in the Proposed Budget. If the
Council wishes to concurrently consider providing a contribution to the Symphony and
Beale Band, as well as adding sworn officer positions, it is recommended to replace one
sworn officer position with a Police Service Technician position, which will make funding
available for the contributions.
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ADMINISTRATIVE REPORT
Impacts of Potential Actions
Action Equivalent Sworn Proposed Change
Positions Sworn Over FY 12 -13
Complement Staffing Levels
w /Action
Sworn Position Additions within FY 13 -14 Proposed -10 389 +10
Budget
Use of Council Contingency and Increased Revenue 4 393 +14
Projections (Recommended)
Eliminate Proposed General Fund Positions 3 392 +13
(Not Recommended)
Freeze Authorized Vacant General Fund Positions 11 400 +21
(Not Recommended)
Resolution of County Disputes (Time Frame for 8 397 +18
Resolution Indeterminate)
Furthermore, per Council direction, staff is currently working on a strategic plan which
will analyze the resources and staffing levels needed for the Police Department to
achieve response and service- related goals. The plan will be presented to the City
Council prior to the unveiling of the FY 2014 -15 proposed budget in spring 2014.
A presentation outlining this information will be made during the June 5, 2013 City
Council meeting.
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MEETING DATE: June 5, 2013 AGENDA SECTION: Workshops
ITEM: , . G,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: May 23, 2013
SUBJECT: Overview of TRIP Financing
RECOMMENDATION:
BACKGROUND:
No action required.
APPROVED
DEPARTMENT HEAD /!fJ
CITY ATTORNEY A��
CITY MANAGER
Staff will provide a power point presentation to update the Council on the current status and
future actions associated with financing of the Thomas Roads Improvement Program.
n ks
S:tadmin %admin reports\Admin - ordinance items - 2nd reading for road funding actions 2013.docx
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8, a ,
TO: Honorable Mayor and City Council AP /PROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: May 23, 2013 CITY ATTORNEY
CITY MANAGER _
SUBJECT: Approval of Minutes of the May 15, 2013, Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
r9
F A.4
f ADMINISTRATIVE REPORT
U O
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: F -h .
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 21, 2013 CITY ATTORNEY
CITY MANAGER _
SUBJECT: Receive and file department payments from May 3, 2013 to May 21,
2013 in the amount of $16,756,455.55, Self Insurance payments from
May 3, 2013 to May 21, 2013 in the amount of $256,681.37,
totaling $17,013,136.92
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
May 21, 2013, 8:54AM
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ADMINISTRATIVE REPORT
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MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: F. G ,
TO:
FROM
Honorable Mayor and City Council
Art Chianello, Water Resources Manager
DATE: May 23, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of Ordinance amending Section 14.04.120 of the Bakersfield Municipal Code
relating to Rates and Fees (Portions of Wards 4, 5, 6 & 7).
RECOMMENDATION: Water Board recommends first reading of the ordinance.
BACKGROUND: Water availability fees are necessary to compensate the City for the expense incurred in
furnishing source, storage, and water distribution facilities. Under the existing Ordinance the water
availability fee is only required to be paid at the time of final map recordation. There are projects where the
developer does not have to record a final map, for example, a project under the authority of a Conditional
Use Permit. As a result there are scenarios where the water availability fee is not required and never
collected.
Pursuant to this proposed amendment, the water availability fee will be required to be paid at the first
occurrence of either the issuance of a building permit or the recordation of a final map. This change is
necessary to ensure that the City receives the required availability fee in the rare instances when no final
map is recorded on a project.
The proposed amendment to the Ordinance was presented by Water Resources staff to the Water Board
at its May 8, 2013 public meeting, and the Water Board unanimously approved the amendment and
recommended that the ordinance be forwarded to the City Council for first reading of the Ordinance.
mr
SA2013ADMIN REPORTSWune5Amemendmtto OrdinanceAvailFee Admin Report.doc/
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9.4,
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: May 16, 2013 CITY ATTORNEY
CITY MANAGE
SUBJECT: Adoption of ordinance amending the text of various sections of Chapter 17.60 of
the Bakersfield Municipal Code relating to signs. (All Wards)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 15, 2013.
This item was referred to the Legislative and Litigation Committee at the Council meeting of
March 20, 2013. On April 22, 2013, the Committee reviewed the proposed amendments and
unanimously recommended the Council adopt the changes as recommended by staff and the
Planning Commission.
Additionally, the Committee discussed modifying promotional window signs, which was under
separate consideration by Councilmember Maxwell due to a business inquiry. After discussion
with staff, it was recommended that the maximum window coverage for promotional advertising
be increased from 25 percent to 40 percent, that the 32- square foot maximum area limitation be
removed, and that these signs be allowed on three building elevations instead of two. These
changes were also unanimously supported and recommended to be included with the other
amendments to the sign ordinance.
The proposal involves a number of changes to the sign regulations in the Zoning Ordinance. The
main amendment will allow use of projecting signs in the downtown and Baker Street areas; this
was initiated by the Planning Commission. However, staff has also included other modifications
to update and /or reflect current procedures, which are intended to improve the ordinance.
Projecting signs have been prohibited since 1976 when the City's first comprehensive sign
regulations were adopted. At that time, many communities were regulating signs as a way to
improve community design and many types of signs were viewed as contrary to that goal,
May 10, 2013, 8:19AM
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ADMINISTRATIVE REPORT
including brightly lit or flashing signs, roof - mounted signs, moving signs, and projecting signs. With
the revitalization of downtowns and older commercial core areas, projecting signs have been
more positively viewed as a way to increase business identification and attraction, as those areas
are beginning to experience and encourage a more pedestrian- oriented character.
The Commission formed an Ad -Hoc committee to review ordinances from communities that
allowed projecting signs in their downtown areas. These included the cities of Pasadena,
Glendale, Visalia, and Santa Barbara. The Committee also took a walking tour of downtown to
visualize how projecting signs could be used. After holding three public meetings on May 23rd,
June 13th and July 18th, 2012, and considering the various regulations, the Committee finalized a
recommendation, which was endorsed by the full Commission.
Since the sign regulations were being amended, staff took the opportunity to modify other areas
within Chapter 17.60 to update and /or reflect current procedures. A discussion of each change
is summarized in the table below:
Section
Discussion
Projecting Signs (new):
17.60.070 H.
Adds the use of projecting signs in the Central District and Old Town Kern areas (see
previous discussion above).
Comprehensive Sign Plans (modify):
Corrects that signatures are required by the property owner, not the business owner. This
17.60.030 A.
change is consistent with other land use applications that require the property owner sign
the application. A public hearing notice is already required to be provided to the
affected business owners. Additionally, since redevelopment areas and the Agency no
longer exist, subsection 2 is being removed.
Pylon Sign prohibition (modify):
The current prohibition of pylon (or pole) signs impacts the shopping center at the
northwest corner of Coffee Road and Stockdale Highway (Albertsons /Trader Joes), which
17.60.050 C.4.
has existing pylon signs. It was never intended for this center to be forced to remove those
signs since the prohibition was mainly oriented to prohibit pylon signs along the Kern River
Parkway. This corrects this oversight and allows the center to keep its signs so they can be
repaired and /or updated.
C -O zone signs (add):
17.60.060 B.2.
Allows the addition of monument signs for larger centers with over 500 feet of street
frontage. This will help lessen the likelihood of a comprehensive sign plan being used as a
variance process to just add more monument signs.
May 10, 2013, 8:19AM
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ADMINISTRATIVE REPORT
May 10, 2013, 8:19AM
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C -1 zone signs (add /modify):
• Allows the addition of monument and pylon signs for larger retail centers with long
street frontages; additional monument signs would match the C -O zone; one
additional pylon sign would be permitted for street frontages over 1000 feet.
17.60.060 B.3.
• Shingle sign clearance is being reduced from 8 feet to 7 feet. This was part of the
recommendation by the Ad Hoc Committee as it was found downtown that most
canopies only have an 8 -foot clearance leaving no room for a sign; the existing
signs had only a 7 -foot clearance. This change would reflect current practice.
• Formally establishes a 1 -foot separation between menu boards.
C -2 zone signs (add /modify):
• Same changes as noted above in a C -1 zone for consistency.
• Adds M zones to follow the some sign standards as the C -2 zone. The M sign
standards would be allowed a larger ( +75 sf) and taller ( +5 ft) pylon sign and more
17.60.060 B.4. & 5.
wall sign area ( +75 sf); all other regulations between these zones are the same.
Since the M zones allow all C -2 uses by right, M zones are usually not next to
neighborhoods, and in many instances C -2 and M zones are clustered together,
this change allows more consistency (and equity) of sign regulations for
businesses.
Auto Mall signs (add /modify):
17.60.060 13.!�.8.
Same changes as noted above in a C -1 zone except it does not increase the number of
pylon signs (since businesses are already allowed two pylon signs along each street).
Promotional Window Signs (modify):
17.60.060 B.2,3,4,8
Increase window coverage for promotional advertisements in the C -O, C -1, C -2 /M and
Auto mall areas from 25% to 40 %, remove the 32 square -foot size limitation, and allow on
three building elevations. (Recommended by the Legislative and Litigation Committee)
Freeway Oriented Signs (add):
Adds the Olive Drive /SR 99 and Taft Highway /SR 99 interchanges to the list of intersections
that are allowed freeway oriented signs. These signs are taller (75) and larger (350 sf), and
17.60.070 D.1.
are limited to being within specific areas around interchanges along SR 99 for freeway
oriented businesses (i.e. fuel, food, and lodging). Since the City has recently annexed
property at both the Olive Drive and Taft Highway interchanges, signs for existing and
future freeway oriented businesses in these areas will be consistent with other freeway
oriented businesses along SR 99 (equal treatment).
Skyline Signs (modify):
17.60.070 F.8.
Allows a skyline sign to have two lines instead of one. There are many older signs with two
lines that would become conforming signs and would reflect current practice. A second
line is usually requested for logos and secondary business information.
May 10, 2013, 8:19AM
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ADMINISTRATIVE REPORT
The addition of projecting signs will result in further promoting businesses and enhancing the
pedestrian - friendly character of the downtown and Old Town Kern areas. The other
modifications to the sign regulations are necessary to better reflect current practices. These
changes will not result in creating legal non - conforming signs, but will instead enhance
opportunities to improve business identification. There were no public comments on the
proposed changes. The Planning Commission and Legislative and Litigation Committee
unanimously recommended approval of the text amendments at their respective meetings and
recommends adoption by the City Council.
This project has been found to be exempt from the provisions of the California Environmental
Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the
general rule of CEQA in accordance with Section 15061 (b) (3), it can be seen with certainty that
there is no possibility that adoption of the proposed ordinance amendments will have a
significant effect on the environment.
May 10, 2013, 8:19AM
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A
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ADMINISTRATIVE REPORT
u
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8. e .
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD MM
DATE: May 2, 2013
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of ordinance adopting a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the
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 4 upon annexation)
RECOMMENDATION:
Staff recommends adoption of ordinance.
BACKGROUND:
First reading of the ordinance was given on May 1, 2013.
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
preparation 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.
May 10, 2013, 10:48AM
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ADMINISTRATIVE REPORT
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,
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.
May 10, 2013, 10:48AM
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MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM 8. f .
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD2 !�
DATE: May 13, 2013 CITY ATTORNEY A
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 the demolishment of dangerous
buildings and authorizing collection of the assessments by the Kern County Tax
Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on May 13, 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 and /or were determined to be in violation of Chapter 15.24 of the Bakersfield
Municipal Code which prohibits maintaining dangerous buildings. 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
Ward 1
1. 141 Augusta Street
2. 1401 Brook Street
3. 811 S. Brown Street
4. 1125 Brundage Lane
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APN
COST
018- 240 -13
$
1,229.00
172 - 070 -09
$
300.00
019 - 131 -09
$
995.00
011- 060 -02
$
105.00
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1
* 5.
205 E. California Avenue
139- 052 -02
$
9,100.00
6.
130 Clifton Street
018- 390 -07
$
300.00
7.
122 Dr. Martin Luther King Jr. Blvd.
018- 400 -06
$
1,384.00
8.
305 Dr. Martin Luther King Jr. Blvd.
019- 181 -11
$
1,040.00
9.
916 Dr. Martin Luther King Jr. Blvd.
018- 061 -13
$
740.00
10.
720 S. Haley Street
019 -1 1 1 -03
$
969.00
11.
105 S. Owens St
018- 270 -35
$
710.00
12.
1 100 San Vicente Drive
171 - 145 -23
$
105.00
13.
207 E. 1 1 th Street
139- 062 -09
$
1,360.00
Ward 2
14.
617 Butte Street
016- 420 -03
$
2,139.00
15.
2825 California Avenue
007 -031 -09
$
675.00
16.
233 Eye Street
010- 280 -07
$
1,099.00
17.
451 Lake Street
014- 250 -06
$
1,225.00
18.
4409 Marella Way
020 - 482 -23
$
750.00
19.
309 Monterey Street
014- 170 -03
$
1,065.00
20.
1206 Oregon Street
015- 100 -15
$
660.00
* 21.
1312 Robinson Street
015- 180 -09
$
5,020.00
22.
210 17th Street
006- 123 -28
$
300.00
* Demolished structures
Ward 3
23.
3217 Arnold Street
021 - 382 -25
$
735.00
24.
2111 Columbus Street
126- 010 -12
$
105.00
25.
8102 Morningstar Avenue
531 - 011 -06
$
725.00
26.
4100 University Avenue
146- 072 -22
$
959.00
Ward 5
27. 1709 Angels Camp Street 380 - 063 -03 $ 750.00
Ward 6
28.
6204 Alderpointe Street
498 - 094 -13
$
105.00
29.
3901 Cooney Way
441 - 094 -01
$
300.00
30.
4000 Peachwood Court
403 - 230 -16
$
775.00
31.
4704 Planz Road
441 - 182 -07
$
300.00
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ADMINISTRATIVE REPORT
PROPERTY LOCATION
Word 7
32.
901 Berkshire Road
33.
1128 Kyner Avenue
34.
3225 Panama Lane
35.
8014 Stine Road
APN COST
516- 360 -10
$
520.00
412 - 171 -23
$
1,169.00
515- 010 -29
$
875.00
515- 040 -10
$
725.00
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.
May 13, 2013, 10:49AM /kd
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ADMINISTRATIVE REPORT
IFO
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: ?.g.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 14, 2013
APPROVED
s
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving the destruction of certain obsolete City records, documents,
instruments, books and papers, pursuant to California Government Code Section
34090, et seq. (Public Works Department)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Resolution No. 088 -10, approved on August 11, 2010, provided the Public
Works Department authority to destroy certain obsolete records. Amendment No. 1 to this
Resolution, approved on November 17, 2010, amended the retention policies for various
departmental documents. Amendment No. 2, approved on January 12, 2011, repealed in its
entirety the provisions of Resolution Nos. 088 -10 and 088 -10(1) pertaining to the Subdivisions
Section of the Public Works Department and established a separate retention schedule for the
Subdivisions Section.
This Resolution repeals Resolution No. 088 -10 and its two amendments in their entirety. In addition,
this item establishes one resolution for the management of Public Works Department documents
in a more user - friendly format that clearly provides the retention schedule time frames for the
documents. Exhibit "A" contains a list of the Public Works Department's documents along with
the amount of time the documents must be retained.
Government Code Section 34090 permits destruction of certain public records upon the
approval of the City Attorney and a Resolution adopted by City Council.
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ADMINISTRATIVE REPORT
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9LIF0
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: Y.A.
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: April 30, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Adopting Sewer Connection Fees Pursuant to Section 14.12.380 of the
Bakersfield Municipal Code.
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND:
The Bakersfield Municipal Code (BMC) requires Sewer Connection Fees to be established each
fiscal year by resolution. The current fee is $4,000 per single family dwelling unit, and the one-
time fee is collected at the same time building permit fees are paid.
Staff is recommending the sewer fee connection charges remain at their current levels for
another twelve months; thus no increases are being proposed at this time. The sewer
connection fees collected each year are used to help pay the annual debt service of the
wastewater enterprise. The 2013 -2014 proposed budget estimates $5 million of connection fees
will be collected and applied toward the budgeted $18.6 million of wastewater enterprise debt
service. The balance of the debt service will be paid with other revenues of the wastewater
enterprise, including residential and commercial user fees.
If approved, this resolution will keep the current sewer connection fee structure in place for the
2013 -14 year.
4/25/2013 2:53 PM
S:Wdmin\Admin ReportsWdmin - Adopting sewer connection fees.docx
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8, i,
TO
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE: May 20, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Resolution providing for the collection of residential refuse charges by the Kern
County Auditor - Controller's Office (All Wards).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: For the fifth straight year, staff proposes no increase to refuse rates. This
resolution is to formalize the same Fiscal Year 2012/13 rates for Fiscal Year 2013/14. Although the
refuse hauler's contract will increase by 2.0% (adjusted annually by the Consumer Price Index), a
sufficient fund balance exists within the Refuse Enterprise Fund to cover the increased costs of the
haulers' contract. In light of the present economic and employment climate, staff proposes the
use of Refuse Fund balance to absorb the haulers' cost increase and avoid imposing a rate
increase on the general public.
However, in order for the County to collect residential refuse charges on the Fiscal Year
2013/2014 tax roll, a new resolution providing for the collection of residential refuse charges by
the Kern County Tax Auditor - Collector's Office is required. This action has no effect on the
General Fund.
If
5/7/2013 2:59 PM
G:\ GROUPDAT\ADMINRPT\2013 \06 -05 \SW Admin Report Adopting 13 -14 Rates.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: S. J.
TO
FROM
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE: May 7, 2013
APBR OVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution providing for the collection of sewer and storm sewer service user
charges by the Kern County Auditor - Controller's Office (All Wards).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: For the second year, staff proposes no increase in residential or commercial
sewer user rates for Fiscal Year 2013/2014. Sufficient fund balance exists within the Sewer
Enterprise Funds to cover operation and maintenance costs for the two sewer plants, the
sewer collection system, and debt service requirements.
However, in order for the County to collect sewer service user charges on the Fiscal Year
2013/2014 tax roll, a new resolution providing for the collection of sewer and storm sewer service
user charges by the Kern County Auditor - Controller's Office is required.
rp
5/7/2013 4:16 PM
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ADMINISTRATIVE REPORT
/FO
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: $: h .
TO:
FROM
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE: May 20, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Collection of delinquent refuse and sewer charges by the Kern County Auditor -
Controller's Office on Fiscal Year 2013/14 Property Tax Rolls (All Wards):
1. A Resolution providing for the collection of delinquent refuse fees by the Kern
County Auditor - Controller's Office.
2. A Resolution providing for the collection of delinquent sewer fees by the Kern
County Auditor - Controller's Office.
RECOMMENDATION: Staff recommends adoption of Resolutions.
BACKGROUND: Residential refuse, residential sewer, and commercial sewer accounts are billed
on the Kern County property tax roll one year at a time, with the beginning of each fiscal year.
However, new accounts added throughout the year are billed pro -rata by the City until the start
of the next fiscal year. Unfortunately, some of these bills remain unpaid and become delinquent.
These resolutions transfer the collection of delinquent pro -rata charges to the Kern County
Auditor - Controller's Office as a one -time billing. This in turn allows the delinquent fees to be
collected on the County tax roll and remitted to the City.
Following is additional information regarding the delinquent prorated charges:
Refuse: Out of approximately $95,000 billed for prorated services to new properties throughout
the year, $936.36 remains delinquent. Staff proposes to place these delinquent charges on the
Fiscal Year 2013/14 property tax roll.
Sewer: Out of approximately $89,000 billed for prorated services to new properties throughout
the year, $12,846.61 remains delinquent. Staff proposes to place these delinquent charges on
the Fiscal Year 2013/2014 property tax roll.
The number of delinquent sewer accounts is significantly higher than the number of refuse
accounts because owners of newly constructed properties contact the Solid Waste Division for
new refuse containers. Refuse containers are not delivered until the annual fee is collected.
If
5/20/2013 10:20:57 AM
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ADMINISTRATIVE REPORT
Lt
Sewer service is immediately available to owners of newly constructed properties; therefore, the
Wastewater Division does not have a similar method of upfront collection.
These charges are for services already rendered, at fee levels previously set by City Council. This
action has no effect on the General Fund.
If
5/20/2013 10:20:57 AM
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ADMINISTRATIVE REPORT
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: S. /,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: May 28, 2013
APPROVED
DEPARTMENT HEAD_
CITY ATTORNEY pffi�
CITY MANAGER
SUBJECT: Resolution of the City of Bakersfield Declaring its Intention to Establish the City of
Bakersfield Police and Fire Services Community Facilities District No. 2013 -1 (West
Ming Specific Plan); to Levy a Special Tax therein to Finance Additional Police
and Fire Services Required by New Development within the Community Facilities
District. (Ward 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: In August 2007 the City entered into a Development Agreement (No. 07 -310)
with Castle & Cooke California Inc., and Bolthouse Properties LLC (the "Developers ")
regarding the future development of approximately 2,180 acres of land in west Bakersfield;
more commonly known as the West Ming Specific Plan area.
The Development Agreement is quite broad in scope. It provides the developers with certain
assurances regarding the future development of their property and in exchange, it also
provides the City with the ability to collect certain fees and special taxes to help mitigate
various impacts this future development will have on City infrastructure, facilities and services.
One of the components of the Development Agreement included the formation of a
Community Facilities District. The original intent of the district was to provide financing for the
operation and maintenance of public facilities and services, including salary and benefits of
personnel, as well as capital costs related to public facilities and infrastructure, in southwest
Bakersfield required to support the Project as described in the Development Agreement.
There has been new legislation and litigation regarding tax exempt financing assistance to
developers for public infrastructure since the adoption of the agreement back in 2007 and as
a result, both the City and the developers have determined that the CFD should be formed for
"services only" and will not include any mechanism to finance public infrastructure or public
facilities. The general concern of the developers is that using tax exempt bonds to finance
public improvements would potentially trigger prevailing wage requirements on any public
infrastructure or facilities that might be constructed by the developers.
Services to be included in the proposed district are Fire and Police Protection Services in the
amount of $287 per residential unit annually for the first ten years of the agreement and $174
per residential unit annually for the remaining term of the agreement. Commencement of the
first ten year period is to begin upon issuance of the first building permit for a residential unit
within the project area, and only those residential units for which a building permit has been
issued will be subject to the services tax. There are currently no residential units in the district
boundaries.
ADMINISTRATIVE REPORT
Formation of a Community Facilities District is a multi -step process initiated by adoption of a
Resolution of Intention (ROI), which is the item before you this evening. After the ROI is
adopted there is a formal noticing procedure to inform the property owners and any residents
who live within the proposed district area of the intent to form the district. There are only five
property owners within the proposed district boundaries; the two developers (Castle & Cooke
and Bolthouse Properties LLC) and three Consenting Parties (Houchin Blood Bank, Hoffman
Hospice of the Valley and Kern Schools Federal Credit Union), so only the five property owners
need to receive the notice. Further, the special tax will not apply to the three Consenting
Parties unless residential homes are constructed on their land.
A minimum 30 day period must elapse between the approval of the ROI and the public
hearing. After this 30 day period has elapsed, then a noticed public hearing is held where the
property owners and the public can comment for or against the formation of the district. Both
the developers and the Consenting Parties have agreed to support the establishment of the
CFD as stipulated in the Development Agreement.
If the ROI is approved this evening, then the public hearing will be scheduled for the July 17,
2013 Council meeting date, at which time we will also bring forward an amendment to the
Development Agreement to both clarify the "services only" aspect of the district formation
and to add the Consenting Parties as signatories to the agreement.
After the public hearing is completed the Council can call for the election to be held. The
mailed ballots and waivers will have been collected by July 17 so that the election results may
be read into the record on July 17. After the election results are read then the Council can
either choose to approve, amend or deny the formation of the district and the collection of
the special tax. Approval of the formation would be authorized by adoption of a Resolution
as well as an approval for 1 St reading of an Ordinance; with 2nd reading tentatively scheduled
for the August 14, 2013 meeting date. The Ordinance would become effective 30 days after
the 2nd reading date and at that time the district would be officially formed.
Collection of the special tax would not commence until such time as a residential building
permit is issued for the area. Annual special taxes would be levied as described earlier in this
report. The proposed district and the special tax collections both have a termination date
that corresponds to the Development Agreement, which is 20 years from the date the
agreement was approved (20 years from August 2007). So, if approved, the special tax would
be levied annually on residential properties from the time of building permit until the year 2027,
at which time the special tax would cease to be collected. Any and all funds collected
during this time period would be used to offset the operational costs of Police and Fire
protection services.
n ks
S:\admin\admin reports\Ndmin - csd formation - reso of intention only - west ming - June 2013 b.docx
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: f.m.
TO
FROM:
Honorable Mayor and City Council
APPROVED
Douglas N. Mclsaac, Community Development Director
DEPARTMENT HEAD
DATE: May 10, 2013
CITY ATTORNEY
CITY MANAGER
SUBJECT: Disposition and Development Agreement (DDA) with Golden Empire Affordable
Housing, Inc. II to use a total of $3,250,000 in various housing funds to support the
construction of a 56 -unit affordable housing complex at 400 20th Street. (Ward 2)
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The Park 20th Apartments project (formerly described as the 20th Street Housing or 20th Street
Veterans project) consists of the construction of a minimum 56 -unit affordable housing complex by
Golden Empire Affordable Housing, Inc. II (GEAHI -II) on a 0.75 -acre site located at 400 20th Street
(adjacent to the east side of Central Park). The Park 20th project is part of the Mayor's Ten -Year
Plan to End Chronic Homelessness, providing permanent affordable rental housing. The completion
of this project is also a requirement of the $10.8 million Proposition 1 C grant awarded to the City as
part of the Mill Creek improvements.
The one - bedroom apartments will be leased to veterans and households earning 50 percent of
area median income (AMI) or less. A total of 25 units will be specifically designated for homeless
and low- income veterans.
In spring 2012, staff began negotiations with GEAHI -II regarding the financial deal points of the
project, and in March 2013, the City Council approved an Exclusive Negotiation Agreement (ENA)
with GEAHI -II for the project. Staff finds that GEAHI -11's performance on other City- assisted
specialized affordable housing projects, such as the Residences at West Columbus (housing for
emancipated youth at the intersection of San Dimas and West Columbus Streets) and Haven
Cottages (housing for very low- income persons and persons transitioning from homelessness at
South Union Avenue and White Lane), makes that organization an excellent partner to successfully
implement the Park 20th Project. Additionally, GEAHI -11's status as both a non - profit Community
Housing Development Organization (CHDO) under the HOME program and a Community Based
Development Organization (CBDO) under the CDBG program optimizes the funding options
available for the project.
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May 10, 2013 1:34 PM
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ADMINISTRATIVE REPORT
FINANCING:
Page 2
The Park 20th Apartment project has been envisioned for several years as evidenced by its inclusion
as one the five affordable housing projects that were pledged to be built in support of the $10.8
million Proposition 1 C grant that was used to construct the Mill Creek and Q Street improvements. In
order to support the construction of the Park 20th project, it was originally proposed that the City
would provide monetary contributions of $250,000 in HOME funds and $3.0 million in Redevelopment
housing funds to the project, as well as contributing the land appraised at $110,000.
In December 2012, however, the State Department of Finance (DOF) disallowed the $3.0 million in
Redevelopment housing funds as an "enforceable obligation" due to their own internal
interpretation of the State Redevelopment dissolution law. The City has since filed suit against the
State for the reinstatement of these and other improperly disallowed Redevelopment funds;
however, the results of that suit are still pending.
Staff is hopeful that the City will be able to achieve a positive result of its suit with the State and the
$3.0 million in Redevelopment housing funds to be contributed to the project will be reinstated. In
the event that should not occur, however, staff has developed a "contingency plan" in which the
$3.0 million contribution would be replaced through a combination of federal HOME and CDBG
funds that are remaining from completed projects, transferred from ongoing projects, or otherwise
not currently designated for a specific project.
In a separate but related agenda item, a total of $1,709,767 in CDBG funds are proposed to be
reallocated for use as part of the Park 20th project. Currently unallocated HOME CHDO funds in the
amount of $267,217 and CDBG funds in the amount of $1,023,016 are proposed to be used to
comprise the balance of the $3.0 million contribution. As stated above, another $250,000 in HOME
CHDO funds were previously allocated to the project to comprise the overall contribution of
$3,250,000.
The proposed DDA is drafted in such a manner that the $3.0 million combination of CDBG and
HOME funds will only be used in the event that the Redevelopment funds are not reinstated.
The balance of the project budget, totaling $7.6 million, will be provided through funds secured by
GEAHI -II. The largest portion of this funding, $7.0 million, will be provided in one of two ways. One
option, as originally envisioned by GEAHI -11, was to seek competitive nine - percent tax credits. While
the Park 20th project is a good candidate to be approved for these tax credits, the process is
competitive and sometimes can involve participating in several funding rounds before being
successful.
The other option, as now favored by GEAHI -II, is to pursue approximately $3,000,000 in State of
California Multifamily Housing Program (MHP) funding for the project. If successful in obtaining this
funding, the remaining $4.0 million can be obtained by applying for non - competitive four - percent
tax credits. The four - percent tax credits would be preferable because, although they yield lower
tax credit equity, they are not competitive, as opposed to the nine - percent tax credit award
process which requires the project compete with other projects across the Central Valley for
funding. The four - percent tax credit option would therefore be more certain and could accelerate
construction of the project for allowing the funding to be secured more quickly.
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ADMINISTRATIVE REPORT Page 3
The deadline for GEAHI -II to apply for the MHP funding is within the next month, which is one reason
why the DDA is being brought forward for approval at this time before final resolution has been
achieved regarding the City's Redevelopment funding contribution. In order to be eligible for the
MHP funding, GEAHI -II also must be able to demonstrate full control of the project site. For this
reason, the DDA proposes to convey title of the site to GEAHI -II at this time. As a safeguard to the
City's interest in the property, however, the DDA also provides that the property must be
reconveyed back to the City if GEAHI -II does not secure all project financing within 18 months.
A summary of the overall project financing is provided below.
Park 20th Project Financing
Source of Funds Estimated Amount
City Contribution of HOME funds (previously allocated
250,000
City Contribution of (1) Redevelopment Housing, or (2)
HOME CHDO, and CDBG funds
$3,000,000
(1) 9% Tax Credits, or (2) Combination of 4% Tax Credits
and State of California MHP Funds
$7,000,000
Affordable Housing Program Funds
$550,000
Land Contribution
$110,000.
Bank Loan and /or Deferred Development Fee
$50,000
TOTAL FUNDS
$10,960,000
CONCLUSION
The Park 20'" project will provide a minimum of 56 units of much needed affordable housing to
homeless and very low income veterans and households. According to the 2013 Homeless Census,
there are at least 135 homeless veterans in Kern County. The project will also fulfill the affordable
housing requirement associated with the City's Prop 1C grant. Likewise, GEAHI -II's track record with
the City on successfully implementing similar projects makes that non - profit organization an
excellent community partner to complete this project.
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5/10/2013 1:34 PM
ds
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: ?.A.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: May 21, 2013
DEPARTMENT HEAD
APPROVED
P9-
CITY ATTORNEY 1/d
CITY MANAGER_ _
SUBJECT: Agreement with Duane Morris (not to exceed $400,000) to provide outside legal
services in the matter of City of Bakersfield v. Kern County, KCSC Case No. S -1500-
CV- 279379, related to property tax and contract issues.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The City has, since 1999, retained Duane Morris on a number of cases and the legal firm has
produced exceptional results in favor of the City on many of the cases assigned.
The City requested the firm of Duane Morris to represent the City in the legal action against the
County of Kern and other necessary parties regarding tax and annexation issues with the County
under the MOU.
We believe the law firm of Duane Morris is best able to handle this action and has agreed to
pursue this matter on a yearly flat fee basis and shall be handled primarily by Colin Pearce.
VG:ac
S: \COUNCIL \Admins \12 -13 Admins\ AttyAgrDuaneMor ris.Taxlssues.docx
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8.0.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ✓G
DATE: May 21, 2013 CITY ATTORNEY ✓�
CITY MANAGER
SUBJECT: Renewal of Agreements with Clifford & Brown for legal services re: General
Miscellaneous Issues for ($75,000) and General Personnel Issues for ($75,000).
RECOMMENDATION:
Staff recommends renewal and approval of agreements with Clifford & Brown for legal
services in the following matters: General Miscellaneous Issues for ($75,000) and General
Personnel Issues for ($75,000).
BACKGROUND:
During the course of the year, the City is required to provide legal services to represent the
City, its officers and employees with respect to various miscellaneous and personnel matters. This
includes such matters as representing the City in personnel matters and advising the City in pre -
litigation matters. Under the terms of our long -term contract with.Clifford & Brown, they offer such
services at a very reasonable hourly rate. At the end of every fiscal year, these contracts are
renewed. As such, the City desires to renew its legal services with Clifford & Brown for General
Miscellaneous Issues in an amount not to exceed $75,000 and General Personnel Issues in an
amount not to exceed $75,000 for fiscal year 2013/2014.
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SACOUNCI AAdminA 12- 13\ Admins\ CB .BGeneralOutsideCounselAtlyAgrs .docx
May 22, 2013, 10:50AM
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ADMINISTRATIVE REPORT
i
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8.p.
TO: Honorable Mayor and City Council
FROM: Jena Covey, Risk Manager DEPARTMENT HEAD
DATE: May 23, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Self- Insured Workers' Compensation Program Cost Containment Services
APPROVED
Agreement with Professional Dynamics, Inc. ($195,000; not to exceed $65,000 annually for
a three year period, to provide utilization review services; and $300,000; not to exceed
$100,000 annually for a three year period, to provide nurse case management services), for
the Self- Insured Workers' Compensation Program.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
As medical costs continue to escalate in California, employers look to cost containment services to control
costs for workers' compensation injuries. Utilization review and nurse case management services are two
tools the City utilizes to ensure we provide appropriate medical care and monitor the medical necessity of
physician prescribed treatment, all in an effort to control costs on workers' compensation claims.
The contracts with the current providers for utilization review (Professional Dynamics, Inc.) and nurse case
management services (Comprehensive Care Systems) expire on June 30, 2013.
In 2004, utilization review laws were established which required claims administrators in California to
follow a review process for the medical necessity of physician prescribed treatment. Professional
Dynamics, Inc. has performed utilization review services for the City for the past six (6) years with
satisfactory results.
The City also utilizes nurse case managers who coordinate treatment for seriously injured workers and
monitor their progress toward returning to work. Nurse case management services assist to prevent
delays in treatment, review request for authorization of medical treatment, and assist the employee
through difficult recovery periods. Comprehensive Care Systems has provided nurse case management
services for the City for the past (6) years with satisfactory results.
We have received responses from several firms, including the two incumbent firms. Staff recommends the
City no longer contract separately for these services, but instead contract with Professional Dynamics, Inc.
for both utilization review and nurse case management services for a three (3) year period commencing
July 1, 2013.
ADMINISTRATIVE REPORT
Professional Dynamics, Inc. contracts not only our local nurse case management firm, Comprehensive
Care Systems, to provide nurse case management services, but has access to additional nurses if service
needs arise. It is more cost effective for the City to bundle the services and contract through Professional
Dynamics, Inc. for nurse case management services than contract separately with the local nurse case
management firm directly.
The Professional Dynamics, Inc. proposal for pricing provides cost savings for the City for travel and wait
time (half the stated hourly rate) for nurse case management, which was not part of the proposal for
Comprehensive Care Systems. The proposal from Comprehensive Care Systems proposed a flat hourly
rate identical to Professional Dynamics, Inc. with no provision for cost savings for travel and wait time.
The City will experience cost savings by bundling these two services, instead of contracting separately for
the services.
Staff analyzed the City's experience and needs in the past three years and applied the new proposed
pricing structure from Professional Dynamics, Inc. Through the analysis, the City would have received
approximately $16,000 in cost savings over a three year period by bundling the service and contracting
with one vendor.
Professional Dynamics, Inc. meets the City of Bakersfield's criteria on experience, price, and knowledge of
workers' compensation laws. The agreement allows the City to further reduce costs for the workers'
compensation program and maintain a relationship with our local nurse case management firm.
JLC
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ADMINISTRATIVE REPORT
LIFO
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: d ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 21, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY7
CITY MANAGER
Approval of Tract Map and Improvement Agreement:
Final Map and Improvement Agreement with Castle & Cooke California, Inc.,
a California corporation, for Tract 7161 Phase 2 located south of Chamber
Blvd. and west of Windermere Street. (Ward 5)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENT
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
..
May 21, 2013, 2:33PM
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MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9-r.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 21, 2013
APPROVED
DEPARTMENT HEAD G(L
CITY ATTORNEY
CITY MANAGER
Approval of Parcel Map and Improvement Agreement:
Final Map and Improvement Agreement with Bolthouse Development
Company, LLC, a California Limited Liability Company authorized to do
business in Bakersfield, California, for Parcel Map 11952 Phase 2 located south
of Bolthouse Drive and west of Buena Vista Road. (Ward 5)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer and storm
drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
..
May 21, 2013, 2:29PM
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ADMINISTRATIVE REPORT
IF0
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: B,S,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 21, 2013
APPROVED
DEPARTMENT HEAL%','
CITY ATTORNEY
CITY MANAGER
SUBJECT: Design Consultant Agreement with Parsons Brinkerhoff (for an amount not to
exceed $1,495,720.00 - 80% funded by federal monies, 20% local monies) for
Construction Management Services for the State Route (SR) -58 GAP Closure
Project. (TRIP) (Ward 1)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: This Agreement is for Construction Management Services for the SR -58 Gap
Closure Project. The project consists of adding one lane in each direction of traffic on SR -58
from SR -99 to Cottonwood Road. Part of the work includes widening four bridge structures
within the project limits and widening the westbound on -ramp at H Street.
Public Works TRIP staff issued a Request for Qualifications /Request for Proposals (RFQ /RFP) for
construction management services for the SR- 178 /Morning Drive interchange, the Westside
Parkway Phase 6C, and the SR -58 Gap Closure Projects.
The following seven firms responded to this RFP:
AECOM (Bakersfield, CA)
Caltrop (Fresno, California)
Harris and Associates (Irvine, California)
Mendoza and Associates (Fresno, California)
MNS Engineering (Santa Barbara, California)
Nolte and Associates (Bakersfield, California)
Parsons Brinkerhoff (Los Angeles, California)
Based on a review of their proposals, the selection committee invited the following firms to
interview with the committee: AECOM, Caltrop, Mendoza and Associates, Nolte and
Associates, and Parsons Brinkerhoff.
Based on the rankings of the proposals and the interviews, Parsons Brinkerhoff was selected as
the most qualified to provide construction management services for the SR -58 Gap Closure
Project. In accordance with federal procurement procedures for these types of services, after
Parsons Brinkerhoff was selected, their cost for providing these services was then negotiated by
Public Works TRIP staff. This proposed Agreement, as well as Parsons Brinkerhoff's accounting
procedures, were both audited /reviewed by Caltrans and were found to be acceptable with
some minor additions.
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ADMINISTRATIVE REPORT
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Staff recommends approval of this Agreement. This Agreement is funded with 80% federal
monies and a 20% non - federal match. Adequate funds have been previously budgeted for this
design work.
Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's
Office for review
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ADMINISTRATIVE REPORT
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8.f,,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: May 20, 2013
SUBJECT: Hageman Flyover Project (TRIP) (Wards 2 & 3):
APPROVED
DEPARTMENT HEAD A4�' CITY ATTORNEY
CITY MANAGER
1. Cooperative Agreement with the State of California Department of
Transportation (Caltrans) to prepare the Project Approval and Environmental
Document (PA &ED), Plans, Specifications and Estimate (PS &E) and Right -of-
Way (ROW) documents ($4,277,000.00; $3,786,428.10 Federal (88.53 %) and
$490,571.90 Local (11.47 %)).
2. Appropriate $3,915,060 Federal SAFETEA -LU grant revenues to the Public
Works Capital Improvement Budget within the TRIP Federal / State Grant
Fund.
RECOMMENDATION: Staff recommends approval of Cooperative Agreement and
appropriation.
BACKGROUND: The Hageman Flyover Project is part of the Thomas Roads Improvement
Program (TRIP). The project would include improvements to Hageman Road and a bridge
over the State Route (SR) 99 freeway with a connection and improvements to Golden State
Avenue (SR -204). Caltrans and the City have been working together on the Environmental
Phase for the project pursuant to Cooperative Agreement No. 06 -1414, which was previously
approved by Council on February 5, 2009.
This Cooperative Agreement outlines the responsibilities of both the City and Caltrans
regarding the PA &ED, PS &E and ROW phases of the project, and is a requirement for obtaining
federal funds for these phases of work. In general:
• The City is the project sponsoring partner, and will fund 100% of the work through a
mixture of federal TRIP and local funds.
• Caltrans will prepare and sign the PA &ED.
• Caltrans will prepare and sign the PS &E package.
• Caltrans will determine the ROW that will need to be acquired and provide the City
with boundary mapping identifying these properties.
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• City will prepare Plats and Legals and appraisals for property acquisition per State
requirements.
• The City will hear the Request of Necessity for any property condemnations.
• The City will provide the ROW Certification Documents for Caltrans approval prior to
bidding the construction of the project.
• Caltrans will make arrangements with utility owners for the timely accommodation,
protection, relocation, or removal of any existing utility facilities that conflict with
construction of the project.
• The City will process Utility Agreements with the Utility Companies in conflict prior to
construction.
• Caltrans will issue the encroachment permits required for work located within State
highway right -of -way.
Staff recommends approval of the Cooperative Agreement.
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ADMINISTRATIVE REPORT
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9'.u.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
May 22, 2013
APPROVED
DEPARTMENT HEAD 7I'l il-
CITY ATTORNEY
CITY MANAGER
State Route (SR) 99 Improvement Projects (Wards 3 and 7):
1. Amendment No. 1 to Cooperative Agreement 10 -110 (Caltrans Agreement
No. 06 -1471) with the State of California Department of Transportation
(Caltrans) reducing the City's contribution by $160,000.00 (from $250,000.00 to
$90,000.00) towards preconstruction work needed for proposed
improvements on SR 99 from SR 119 to Ming Avenue and from SR 204 to Olive
Drive.
2. Cooperative Agreement with Caltrans ($160,000.00) for City's contribution
towards construction work Improvements on SR 99 to the southbound off-
ramp at Panama Lane,
3, Transfer $160,000.00 from amount budgeted for preconstruction work for
proposed improvements on SR 99 from SR 119 to Ming Avenue and from SR
204 to Olive Drive to a new project for construction work for proposed
improvements on SR 99 to the southbound off -ramp at Panama Lane within
the Transportation Development Fund.
RECOMMENDATION: Staff recommends approval of amendment, agreement, and transfer.
BACKGROUND: Caltrans and the City entered into Agreement No. 10 -110 (Caltrans
Agreement No. 06 -1471) on August 25, 2010. This agreement required the City to contribute
$250,000 to Caltrans to help pay for the cost of environmental, engineering, design, and other
pre- construction work for projects to widen SR 99 from three lanes to four lanes through
Bakersfield. This work is now completed and the projects are beginning construction. Caltrans
recently determined that they only need $90,000 as the City's contribution to help pay for the
completion of preconstruction work for this specific segment of SR 99.
Caltrans also recently bid a project to construct Improvements to the southbound SR -99 off-
ramp at Panama Lane, However, Caltrans does not have adequate funding available to
award the construction contract for this project. Caltrans District 6 management staff recently
requested the City to exchange a portion of the funding originally thought to be needed for
preconstruction work for the widening project to a new project for construction of the SR
99 /Panama Lane off -ramp improvement. This off -ramp is often congested, and construction
of these improvements will help with the flow of traffic not only on the off -ramp, but also on
Panama Lane,
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The transfer of $160,000 is an administrative action required to authorize funding for the
cooperative agreement for construction of the improvements on SR 99 to the southbound off-
ramp at Panama Lane.
There is no General Fund impact associated with either the amendment or the agreement.
Traffic impact fees provide the funding source for both agreements.
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MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: $. V.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 21, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY_'
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 12 -095 with Mark Thomas and Company, Inc.,
($159,448.86: $19,476.60 Federal, $2,523.40 Local TDF, and $137,448.86 Water
Enterprise Funding; revised not to exceed $2,751,160.96) for Engineering Design
Services for the Rosedale Highway Widening Project (TRIP) (Wards 2 and 4)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The City entered into Agreement No. 12 -095 on July 18, 2012 with Mark Thomas
and Company, Inc. to provide engineering design services for the Rosedale Highway Widening
Project. This Amendment is for additional utility potholing investigations beyond that which was
originally thought to be necessary to identify utilities along the project, and also for additional
design services for a City waterline that is being added to the project at the request of the City
Water Department. With the upcoming widening project in mind, the City Water Department
had a study performed to analyze their water system in this area and determined that this
waterline would be necessary to improve both current operations as well as provide for future
capacity.
Funding for the added utility potholing investigations will be 88.53% ($19,476.60) federally funded
with local transportation development funds providing the 11.47% ($2,523.40) local match
requirement. Funding for design of the waterline is funded entirely with Water Enterprise Funds.
Adequate funds have been previously budgeted by the Water Department for the design of this
waterline, and by the Public Works Department for the added utility potholing investigations.
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ADMINISTRATIVE REPORT
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: g,W.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 20, 2013
PPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 09 -055 with Niemeyer & Associates, P.C.
($12,500; revised not to exceed $162,500.00 and extending term four months) for
Bakersfield Amtrak Railroad Track Inspection Services (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Along with owning the Amtrak Station on Truxtun Avenue at S Street, the City
owns one mile of railroad from H Street to Union Avenue. This track serves as the lead track for
the Amtrak trains to access the station's platform. Per Federal Railroad Authority's rules and
regulations, that track must inspected frequently by qualified inspectors. To provide those
inspections, the City has contracted with consultants.
The term for the current consultant agreement for these inspection services expires on May 31,
2013. Due to staff workloads, the process to select a new inspection consultant was not started
early enough to have the new consultant on board before the current agreement expires.
Therefore, staff recommends approval of this four -month extension along with an additional
$12,500 as compensation for the extended term. The consultant has agreed to perform the
track inspection services for the four -month extension at the same price as approved in the
original agreement. Sufficient funds are budgeted to cover the costs associated with this
amendment. Transportation Development Act Article 4 Public Transportation funds provide the
funding source for this agreement. Therefore, there is no General Fund impact.
A process to select a new consultant has now been started. Staff anticipates that the new
agreement will be included on the September 11, 2013 agenda for Council consideration.
PW / Design Engineering / ADR
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MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: $:x,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: May 2, 2013
APPROVED
DEPARTMENT HEAD Xz
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 93 -144 with Jerry Manda (no change to
$40 monthly lease rate) to extend term of lease for Hangar Space #A -2 at the
Bakersfield Municipal Airport (Ward 1)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On November 1, 2003, the City and Lessee entered into a ground lease
agreement wherein Lessee would lease a portion of the property located at 2000 South Union
Avenue for purposes of storing his aircraft in Hangar Space A -2. The ground lease agreement
is due to expire July 31, 2013. The City and Lessee (Jerry Manda) have agreed to renew this
lease and add two options to extend the lease, each for five year periods.
ep
May 2, 2013, 3:49PM
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ADMINISTRATIVE REPORT
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MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. Y �
TO: Honorable Mayor and City Council
FROM: Douglas N. Mclsaac, Community Development Director
APPROVED
DEPARTMENT HEADZ&
DATE: May 10, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. ED11 -012 with AmeriNational Community
Services, Inc. ($44,000, not to exceed $84,000) to provide loan and related financial
services for the City's Single - Family Rehabilitation, Multi - Family Rehabilitation,
Commercial Loans, and Down Payment Assistance loan programs. (All Wards)
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
Since January 17, 2001, AmeriNational Community Services, Inc. (ACSI), has provided loan,
escrow, and related financial services for the City's Single - Family Rehabilitation, Multi - Family
Rehabilitation, Commercial Loans, and Down Payment Assistance loan programs. This firm
provides billing and collection, and handles notices of default and foreclosure if necessary.
Based on staff's annual performance monitoring of ACSI, they have been satisfactory in
providing efficient and cost effective support services to the City of Bakersfield. In addition, ACSI
specializes in government related loan portfolio management. Staff researched other loan
servicing agencies and found that AmeriNational is the only agency which specializes and
provides government related loan portfolio management in California.
Approval of this agreement will allow AmeriNational to continue to provide loan and related
financial services to the City for three years. Funding for the agreement will be paid from
Community Development Block Grant (CDBG) and HOME Investment Partnership administrative
monies.
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ADMINISTRATIVE REPORT
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MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8, 2.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: May 20, 2013
APPROVED
DEPARTMENT HEAD /✓s
CITY ATTORNEY
CITY MANAGER —
SUBJECT: Amendment No. 1 to Agreement No. 12 -098 with Stay Green, Incorporated;
extending the contact term one year, and adding $300,000 (for a total not to
exceed amount of $600,000) to the Annual Contract for tree trimming. (City
Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On July 18, 2012, Council approved the annual contract for providing tree
trimming to Stay Green, Inc., in the amount of $300,000; renewable annually thereafter for four
(4) consecutive one -year periods.
Currently there is $67,000 available on this contract. Extending the contract expiration date
and increasing the contract $300,000 will allow the Parks Division to continue with the planned
tree maintenance program for the next twelve months. This contract is exempt from prevailing
wage requirements, as it is a maintenance function.
If approved, Amendment No. 1 will extend the contract term one year and add $300,000 for a
revised not to exceed amount of $600,000. Funds are budgeted in the Recreation and Parks
Department operating accounts within the General Fund for the tree maintenance program.
Purchasing Division /ch
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May 28, 2013, 8:26AM
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: S. aim•
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: May 28, 2013
APP OVED
DEPARTMENT HEAD AI
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 54, 72, 75, 79, 83, 85, 87, 102, 108, 109, 110, 129, 133,
and 134 to Agreement No. 09 -076 with Security Paving Company, Inc. (net decrease
of $101,456.89; revised not to exceed $93,086,029.52) for the construction of the
Westside Parkway Phase 2 Project (TRIP) (Wards 2, 4 and 5).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: As a result of the extraordinarily favorable bid climate at the time the Westside
Parkway Phase 2 project was bid, the City was able to extend the project limits from Coffee Road
all the way to Allen Road (This added three miles of freeway, an additional interchange at
Calloway Drive, and an additional bridge at Jewetta Avenue). This extended project limit
allowed the City to utilize all available State funding for this Project, since any unused funds would
have to be given back to the State. Due to time constraints for the State funding, portions of the
project construction bid and contract award were accomplished with less than final design work
completed. The final plans ultimately reviewed and agreed to by Caltrans also required changes
to the Project as compared to the plans used at the time of bidding. As such, a higher amount of
change orders were anticipated as the construction progressed. However, this series of actions
have been in the best interest of completing the Project, which is a critical component of the TRIP
program, and resulted in the utilization of all available State funding for constructing the Project.
Phase 2 of the Westside Parkway Project includes the construction of a 6 -lane freeway from
Mohawk Street to Allen Road. Also included in the project is the construction of interchanges at
Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta Avenue.
Change Order No. 54 provides for a quantity adjustment to various items of work based on
comparing the exact amount of the item, as measured in the field, with the bid quantity amount.
This change order increases and decreases various items of work at the original bid price. This
change order results in an estimated decrease in contract of $38,951.17.
Change Order Nos. 72 and 79 provide for changes to the Sign Plans needed for the project as
compared to the plans used at the time of bidding. Change Order No. 72 deals specifically with
the signage for the temporary "T" signalized intersection originally shown for the western ending of
the project at Allen Road; this signage was modified when this signalized intersection was
eliminated due to the construction of the permanent on and off ramps built with the Westside
Parkway Phase 6B project (Allen Road Bridge). Change Order No. 79 deals with Sign Plan
modifications needed to reflect changes in the limits of the project as well as coordination with
the additive alternates that were ultimately awarded for Phase 2 of the Westside Parkway.
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Change Order No. 72 results in an estimated increase of $35,201.77, and Change Order No. 79
results in an estimated increase of $138,435.53.
Change Order No. 75 Provides compensation to the contractor for additional cost associated
with the installation of Antietam Dry Stack Texture instead of a Fractured Rib texture on some
retaining walls surfaces along the Westside Parkway. After the project was bid, staff noted that
the bid set of plans indicated some of the retaining walls along the Parkway were shown to have
a fractured rib texture. In order to maintain consistency of the walls along the corridor, the
surface texture of these retaining walls was changed to the Antietam Dry Stack texture. This
change order results in an estimated increase of $22,592.50.
Change Order Nos. 83 and 102 provide for changes to the Storm Drain Plans needed for the
project as compared to the plans used at the time of bidding. Change Order No. 83 deals
specifically with modifications to the storm drainage system at the Calloway Drive interchange,
and Change Order No. 102 is for other various storm drainage systems located throughout the
project (excepting the Calloway Drive interchange area covered in Change Order No. 83). The
Storm Drain Plans were modified to reflect changes in the limits of the project as well as
coordination with the additive alternates that were ultimately awarded for Phase 2 of the
Westside Parkway. In addition, some storm drain pipelines had to be adjusted to avoid utility
conflicts that were found during construction. Change Order No. 83 results in an estimated
increase of $82,784.10, and Change Order No. 102 results in an estimated increase of $173,306.60.
Change Order No. 85 provides for the addition of fencing around the Friant -Kern Canal Property.
The original plans did not include the installation of any fencing at this location. After the project
had bid, the Friant Water Authority (the operator of the canal) requested that fencing be installed
at this location for safety reasons. This change order results in an estimated increase of $27,646.92.
Change Order No. 87 provides for modifications to the concrete barrier on a retaining wall for the
westbound off -ramp to Brimhall Road. The plans used at the time of bidding show to install a Type
60 concrete barrier on a retaining wall at this ramp; but the adjacent retaining wall on this ramp
indicated using a larger Type 7328 concrete barrier. The designer indicated both barriers should
have been of the Type 7328, and so the Type 60 Barrier was changed to a Type 732B. This
change order results in an estimated increase of $33,885.25.
Change Order No. 108 provides for changes to the concrete barrier on the mainline of the
freeway. The original bid quantities did not provide for enough quantity of Type 60E Concrete
Barrier to protect columns and overhead sign structures in the median at several locations as
required by State Standards. This change order results in an estimated increase of $33,155.55.
Change Order No. 109 provides for changes to the quantities of concrete and reinforcing steel in
the Coffee Road Bridge. The original plans used for bidding indicated an incorrect skew angle
which had to be modified by the designer during construction. This modification increased some
of the original bid quantities. This change order results in an estimated increase of $18,991.80.
Change Order No. 110 provides for compensation to the contractor for installing underground
conduits and vaults to allow for the future installation of PG&E electrical lines. This work was
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originally to be performed by PG&E at the City's cost. However, by including this work in a
change order to the contractor, the contractor is able to have the work completed in a timely
manner and the completion of the Westside Parkway project is not delayed by having the
contractor wait for PG&E forces to complete this conduit and vault installation. After the
installation of these conduits and vaults is completed, PG&E will install their electrical lines. This
change order results in an estimated increase of $116,383.30.
Change Order No. 129 Compensates the contractor for relocating and adjusting two storm drain
inlets that the original bid set of plans indicated to be in locations that conflicted with future
maintenance operations and that provided limited storm drainage intake. These drainage inlets
are being relocated at force account (time and material). This change order results in an
estimated increase not to exceed $20,000.00.
Change Order No. 133 Provides a credit to the City for a decrease in quantity on the "Import
Borrow" bid item. Contract Change Order No. 40 approved by City Council on 03/21/2012
specified the method of measuring the final earth work quantity to be paid at contract bid price.
The engineer has now quantified this credit, but the contractor does not concur with this amount.
Staff recommends approval of the change order using the engineer's calculated credit and
without the contractor's signature. If the contractor later submits acceptable justification for a
revision to this credit, staff will review the additional information and if changes are warranted, a
revised contract change order will be placed on a future council agenda. This change order
results in an estimated decrease of $835,423.20.
Change Order No. 134 provides for modifications to the erosion control treatment to be provided
to most of the embankment slopes. The original bid plans and specifications called for the
installation of fiber rolls and the application of native grass seed onto the slopes to protect against
erosion. After a review by City staff, it was concluded that application of wood chips from the
City's Green Waste Facility would meet the erosion control criteria and provide a better looking
final product than the application of the native grass seed originally specified. Therefore, erosion
control for the slopes visible from the Parkway will be accomplished with the wood chip
treatment, and other slopes not visible will continue to have the fiber roll /native grass seed erosion
control originally specified. This change order results in an estimated increase of $70,534.16.
Staff recommends approval of Contract Change Order Nos. 54, 72, 75, 79, 83, 85, 87, 102, 108,
109, 110, 129, 133, and 134. There is no General Fund impact associated with these change
orders. Change Orders to date, including these proposed Change Orders, total $16,513,584.45.
This is a 21.5% increase over the original Agreement as illustrated below:
• Original Contract Amount = $ 76,572,445.07
• Previous Change Orders = $ 16,615,041.34
• Current Change Order Nos. 54, 72, 75, 79, 83, 85, 87, 102,
108, 109, 110, 129, 133, and 134 = $ - 101,456.89
• Amended Contract Agreement after Change Orders = $ 93,086,029.52
Net Increase to date = $ 16,513,584.45
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Much of the added cost for project change orders to date is due to Change Order No. 21 ($5.9
million) which is for the KCWA Box Culvert - an item the City was always paying for, but which was
originally to be constructed by the KCWA. Later, after the Westside Parkway Phase 2 project had
bid, KCWA management requested that the City construct this box culvert as part of the freeway
project instead of the KCWA. Also, Change Order No. 1 for $588,430 was for added work
requested and paid for by the North Kern Water Storage District.
After several weeks, the contractor has not yet reviewed and approved Change Order Nos. 54,
79, and 129. Staff recommends approval of these change orders now using the engineer's
calculated quantities and without the contractor's signature. If the contractor later submits
acceptable justification for a revision to any of these change orders, staff will review the
additional information and if changes are warranted, a revised contract change order will be
placed on a future City Council agenda.
Documentation for these Change Orders is on file with the City Clerks' Office. Due to the
voluminous amount of documentation for these change orders, this information was not included
with the agenda packet.
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IF
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: ta.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: May 28, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
✓6
SUBJECT: Contract Change Order Nos. 15, 20, 24, 26, 35, 38, 42, 43, 44, and 46 to Agreement
No. 10 -168 with Security Paving Company, Inc. (net increase of $352,488.06; for a
revised not to exceed amount of $24,378,248.39; change orders funded with traffic
impact and utility surcharge fees) for the Construction of the Westside Parkway
Phase 4 Project. (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: The Westside Parkway Phase 4 Project consists of constructing four lanes of
freeway between Truxtun Avenue (just west of the Burlington Northern and Santa Fe (BNSF)
Railroad undercrossing) and the Mohawk Street Interchange. The project includes the
construction of two bridge structures over the Kern River and one bridge structure over Truxtun
Avenue (for eastbound traffic) as well as the construction of a box culvert for the Cross Valley
Canal (CVC) which is owned and operated by the Kern County Water Agency (KCWA).
Change Order No. 15 provides for modifications to the CVC access road, the addition of 2 drive-
way approaches, installation of some chain link fencing and gates, and removal of some existing
asphalt concrete and a back flow preventer all within KCWA property. The KCWA had allowed
the City to modify their facilities for the construction of the Westside Parkway; but as construction
progressed, there were items required by KCWA that they felt were needed in order to keep their
facilities in a proper and safe operating condition that were not indicated on the original bid set
of plans. This change order results in an estimated increase of $35,270.15.
Change Order No. 20 provides for modifications to the pavement structural section of the
roadway for Truxtun Avenue. During construction activities, a traffic signal interconnect line was
discovered to be at a very shallow depth under the roadway; much shallower than what had
been expected and as a result, was in conflict with the placement of the roadway pavement
structural section. In order to avoid having to relocate this line, a different type of pavement
structural section was used that consisted of a full -depth asphalt structural pavement section
instead of the thicker aggregate base structural section that was shown on the original bid plans.
This change order results in an estimated increase of $156,793.65.
Change Order No. 24 provides for changes to the profile grade of the Westside Parkway freeway
in the vicinity of the Mohawk Street and the Kern River bridges. After the freeway had been
graded per the plans by the contractor, Caltrans (as the future owner of the facility) expressed
concerns that the profile grade of the freeway in this area slightly exceeded their standards. As a
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result, this portion of the freeway was re- graded by the contractor to comply with Caltrans
standards. This change order results in an estimated increase of $40,376.00.
Change Order No. 26 provides compensation to the contractor for additional requirements from
KCWA during the pressure washing of the Gulf Box Culvert built for the CVC Canal with this
project. When the contractor proceeded to pressure wash the wails of this concrete box culvert,
KCWA requested additional scrubbing of the walls not originally anticipated as well as some
testing to be performed to determine whether there were contaminants present in the concrete
used. This change order results in an estimated increase of $18,000.00.
Change Order No. 35 provides compensation to the contractor for lowering a portion of the City's
traffic signal interconnect line which runs along Truxtun Avenue. This is the same line referenced in
Change Order No. 20; but at this location, it was determined to be less expensive to lower this line
to mitigate the conflict with the pavement structural section than to adjust the pavement
structural section as was done in Change Order No. 20. This change order results in an estimated
increase of $12,419.00.
Change Order No. 38 provides compensation to the contractor for relocation of some fence
posts along Truxtun Avenue which did not meet recent new minimum clearance standards. Also
in this change order is the installation of a rolling gate to provide access for City crews for
maintenance purposes to the Carrier Canal. This change order results in a net increase of
$18,400.00.
Change Order No. 42 provides compensation to the contractor for additional Antietam Drystack
surface texture treatment on the Truxtun Avenue underpass bridge. The original bid plans did not
include this aesthetic treatment on the surfaces of the bridge or retaining walls. As this bridge is
highly visible to the public, and in order to maintain consistency with the other Westside Parkway
bridges, the Antietam Drystack surface texture was added to this bridge. This change order results
in a net increase of $58,581.39.
Change Order No. 43 provides compensation to the contractor for price index fluctuations for the
asphalt oil used in the asphaltic concrete for the project. This is a federal requirement for projects
that have long construction durations such as the Westside Parkway, and provides some
protection to both the contractor and the agencies bidding the projects against the volatility in
oil prices. The intent is that the agency pays for the asphalt oil based on the industry price that is
occurring at the time the asphalt paving operations are in effect. As a result, this unit price
adjustment could be an extra compensation to the contractor if the unit price of oil increases
from that at the time of bidding, but could also result in a credit to the City if the unit price of the
oil decreases. This change order results in an estimated increase of $60,000.00.
Change Order No. 44 provides for a quantity adjustment to various items of work based on
comparing the exact amount of the item, as measured in the field, with the bid quantity amount.
This change order increases and decreases various items of work at the original bid price. This
change order results in an estimated increase of $20,872.60.
Tdw:G:\ GROUPDAT \ADMINRPT\2013 \06- 05\Admin Rpt CCO 15,20,24,43,44 WSP Phase 4 REV.docx
ADMINISTRATIVE REPORT
n a
IFO
Change Order No. 46 provides for modifications to the erosion control treatment to be provided
to most of the embankment slopes. The original bid plans and specifications called for the
installation of fiber rolls and the application of native grass seed onto the slopes to protect against
erosion. After a review by City staff, it was concluded that application of wood chips from the
City's Green Waste Facility would meet the erosion control criteria and provide a better looking
final product than the application of the native grass seed originally specified. Therefore, erosion
control for the slopes visible from the Parkway will be accomplished with the wood chip
treatment, and other slopes not visible will continue to have the fiber roll /native grass seed erosion
control originally specified. This change order results in an estimated decrease of $68,224.73.
Staff recommends approval of Contract Change Order Nos. 15, 20, 24, 26, 35, 38, 42, 43, 44, and
46. Adequate funds have already been budgeted to pay for these change orders. Change
orders to date, including this proposed change order, total $2,211,091.94. This is a 9.9 % increase
over the original contract amount as illustrated below:
• Original Contract Amount = $ 22,167,156.45
• Previous Change Orders = $ 1,858,603.88
• Current Change Order No. 15, 20, 24, 26, 35,
38, 42, 43, 44, and 46 = $ 352,488.06
• Amended Contract Agreement after Change Order = $ 24,378,248.39
Net Increase to date = $ 2,211,091.94
After several weeks, the contractor has not yet reviewed and approved Change Order Nos. 15,
20, 24, 26, 38, 42, 43, and 44. Staff recommends approval of these change orders now using the
engineer's calculated quantities and without the contractor's signature. If the contractor later
submits acceptable justification for a revision to any of these change orders, staff will review the
additional information and if changes are warranted, a revised contract change order will be
placed on a future City Council agenda.
Documentation for these Change Orders is on file with the City Clerks' Office. Due to the
voluminous amount of documentation for these change orders, this information was not included
with the agenda packet.
Tdw:G:\ GROUPDAT \ADMINRPT\2013 \06- 05\Admin Rpt CCO 15,20,24,43,44 WSP Phase 4 REV.docx
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 0.GC .
TO: Honorable Mayor and City Council APPRDVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 28, 2013 CITY ATTORNEY ✓C'
CITY MANAGER
SUBJECT: Contract Change Order No. 22 to Agreement No. 11 -144 with Security Paving
Company, Inc. (net decrease of $176,064.27; revised not to exceed $12,262,134.43)
for the construction of the Westside Parkway Phase 6B Project (TRIP) (Ward 4).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: Phase 6B of the Westside Parkway Project includes the construction of a partial
interchange at Allen Road and the Westside Parkway including the Allen Road Bridge, the
eastbound on ramp and the westbound off ramp. Also included in the project is the widening of
Allen Road to 3 lanes in each direction, and the construction of retaining and sound walls.
Change Order No. 22 provides for modifications to the erosion control treatment to be provided
to most of the embankment slopes. The original bid plans and specifications called for the
installation of fiber rolls and the application of native grass seed onto the slopes to protect against
erosion. After a review by City staff, it was concluded that application of wood chips from the
City's Green Waste Facility would meet the erosion control criteria and provide a better looking
final product than the application of the native grass seed originally specified. Therefore, erosion
control for the slopes visible from the Parkway will be accomplished with the wood chip
treatment, and other slopes not visible will continue to have the fiber roll /native grass seed erosion
control originally specified. This change order results in an estimated decrease of $176,064.27.
Staff recommends approval of Contract Change Order No. 22. There is no General Fund impact
associated with this change order. Change Orders to date, including this proposed Change
Order, total - $159,564.27. This is a 1.3% decrease over the original Agreement as illustrated below:
Original Contract Amount = $ 12,421,698.70
Previous Change Orders = $ 16,500.00
Current Change Order No. 22 = $ - 176,064.27
Amended Contract Agreement after Change Orders = $ 12,262,134.43
Net Decrease to date = $ - 159,564.27
Documentation for this Change Order is on file with the City Clerks' Office. Due to the voluminous
amount of documentation for this change order, this information was not included with the
agenda packet.
Lt; Tdw G: \GROUPDAT \ADMINRPT \2013 \06- 05 \Admin Rpt CCO 22 WSP Phase 6B.docx
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: ff .dd .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 21, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept base bid plus additive alternate no. 1 and approve contract to Day's
Generator Service, Incorporated ($129,413) to furnish and install a standby
generator at Fire Station V. (Ward 6)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited to furnish and install a 150kw standby generator at Fire
Station #7. Two (2) bids were received in response to the solicitation. This project was bid as a
non - prevailing wage project.
The standby generators at Fire Stations #1 and #7 are military surplus from 1977. Both units
have maintenance issues and have required modifications to comply with air pollution control
requirements. The replacement models will be more efficient, cleaner burning and are
equipped with an automatic transfer switch which will ensure constant power in the case of
an emergency. A contract to replace the standby generator at Fire Station # 1 is also on
tonight's agenda.
The base bid includes furnishing and installing the standby generator to Fire Station #7;
additive alternate no. 1 includes removing the existing manual switch and installing an
automatic transfer switch to the separate compressor building. Completion of the base bid
and additive alternate will provide a fully automated emergency power system for the fire
station.
The two (2) bids received are as follows:
Bidder
Day's Generator Service, Inc.
Brentwood, CA
California Building Evaluation & Const., Inc.
Buena Park, CA
Base Additive Alt # 1 Total
$115,444 $13,969 $129,413
$154,000 $18,000 $172,000
Funds are budgeted in the Equipment Management Fund for this contract. Staff finds the bid
submitted by Day's Generator Service, Incorporated, to be acceptable and recommends
approval of the contract for the base bid plus additive alternate no. 1 in the amount of
$129,413.
Purchasing Division/kb
SAPURCHWDMINWdmin 12 -13 \Furnish and Install 150kw Standby Generator at Fire Station V, 12- 13 -84, June 5, 2013.docx
May 21, 2013
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8, e e .
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DATE: May 20, 2013
APPROVED
DEPARTMENT HEAD /"
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Day's Generator Service, Incorporated
($132,290) to furnish and install a standby generator at Fire Station #1. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited to furnish and install a 200kw standby generator at Fire
Station #1. Two (2) bids were received in response to the solicitation. This project was bid as a
non - prevailing wage project.
The standby generators at Fire Stations #1 and #7 are military surplus from 1977. Both units
have maintenance issues and have required modifications to comply with air pollution control
requirements. The replacement models will be more efficient, cleaner burning and are
equipped with an automatic transfer switch which will ensure constant power in the case of
an emergency. A contract to replace the standby generator at Fire Station #7 is also on
tonight's agenda.
The two (2) bids received are as follows:
Bidder Amount
Day's Generator Service, Inc. $132,290
Brentwood, CA
California Building Evaluation & Construction, Inc. $149,000
Buena Park, CA
Funds are budgeted in the Equipment Management Fund for this contract. Staff finds the bid
submitted by Day's Generator Service, Incorporated, to be acceptable and recommends
approval of the contract in the amount of $132,290.
Purchasing Division/kb
S:\PURCHWDMINWdmin 12 -13 \Furnish and Install 200kw Standby Generator at Fire Station 01, 12- 13-83, June 5, 2013.docx
May 20, 2013
A
,
ADMINISTRATIVE REPORT
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8. f f .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 20, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Safeway Sign Company (not to exceed
$110,693.40) for the annual contract for traffic signs. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited for the Annual Contract to supply traffic signs. Three (3)
bids were received in response to solicitation. An incomplete bid received from California
Prison Industry Authority did not include a bidders bond as required by the bid document; and
therefore, is considered non - responsive. Two (2) complete responsive bids are listed below.
The bids solicited were based on a list of various traffic signs with estimated quantities. In this
case, where the City does not intend to split the bid award, the City determines the lowest
overall bidder by multiplying the supplier's unit price for each of the items by the estimated
number of units for each item.
The contract award is for a one year period; renewable annually for four consecutive one -
year periods at the City's option and upon mutually agreeable terms.
The two (2) acceptable bids are as follows.
BIDDER AMOUNT
Safeway Sign Company, Adelahto, CA $110,693.40
SignoTech, Anjou, Quebec, Canada $131,764.85
Funds are budgeted in the General Fund for this contract. Staff finds the low bid submitted by
Safeway Sign Company, to be acceptable and recommends approval of the contract in the
amount of $110,693.40.
Purchasing Division/kb
SAPURCHADMINWdmin 12 -13WC for Traffic Signs, 12- 13 -81, Safeway Sign Co., June 5, 2013.docx
May 20, 2013, 3:53PM
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: S.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
May 21, 2013
PPR VED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Accept bid and approve contract to Kern Asphalt, Bakersfield, in the amount of
$266,114 for paving at the Green Waste Facility. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited from contractors for paving services at the Green Waste
Facility. Five (5) bids were received in response to the solicitation. This project was bid as a
non - prevailing wage project.
This project was bid as fifteen areas at the City Green Waste Facility to be paved; described
as Areas A -O. In accordance with the terms of the bid, the City may accept any item or
group of items bid, or award the bid on the basis of total bid. The lowest overall bidder is Kern
Asphalt. The budgeted amount available will complete twelve of the fifteen areas to be
paved. See attached spreadsheet.
Funds are budgeted in the Refuse Enterprise Fund for this project. There will be no General
Fund impact associated with this contract.
Five (5) bids were received as follows:
BIDDER
Kern Asphalt, Bakersfield, CA
Bowman Asphalt, Bakersfield, CA
Griffith Company, Bakersfield, CA
Burtch Construction, Bakersfield, CA
Granite Construction, Bakersfield, CA
TOTAL FOR ITEMS
A -D, G -J AND L -O
$266,114
$275,743
$289,332
$292,011
$302,770
Staff finds the low bid submitted by Kern Asphalt for selected paving areas to be acceptable
and recommends approval of the contract in the amount of $266,114.
Purchasing Division/kb
SAPURCHWDMINWdmin 12 -13 \Green Waste Facility Paving, 12- 13 -80, June 5, 2013.docx
May 21, 2013
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ADMINISTRATIVE REPORT
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: $.Ah .
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: May 22, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
em,
SUBJECT: Accept bid and approve contract to Bowman Asphalt Inc. ($642,426.00) for
Pavement Rehabilitation 2013 Phase 3 - Dr. Martin Luther King Jr. Blvd. from
Wilkins St. to E. California Avenue (Ward 1)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: This project consists of rehabilitation of the existing structural section of the
pavement, installation of pavement markings and striping, and installation of traffic detector
loops. This project is 88.53% federally funded through the Regional Surface Transportation
Program (RSTP) and 11.47% locally funded through Gas Tax funds. The Engineer's Estimate for
the project is $710,000. There are sufficient funds available for award of this contract.
On May 14, 2013, three 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 $642,426.00
Granite Construction Company
3005 James Road
Bakersfield, CA 93308 (County) in the amount of $683,414.00
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County) in the amount of $756,657.00
There is no General Fund impact associated with this project.
PW /Design Engineering1XIT3K207
5/22/2013 11:12 AM
G: \GROUPDAT\ADMINRPT\2013 \06 -05 \Pavement Rehabilitation 2013 Phase 3 -Dr. MLK Jr. Blvd..dou
A
OF am � +r R
ADMINISTRATIVE REPORT
IF
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: S. ii.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Dianne Hoover - Recreation and Parks Director
May 23, 2013
APPROVED
DEPARTMENT HEAD 0 4, ff
CITY ATTORNEY 1 `--
CITY MANAGER
Accept base bid and award contract to Brown and Fowler Construction, Inc.
($331,000.00) for Beale Park and Saunders Park Playground Rehabilitation projects
(Ward 2).
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: These projects include the removal and replacement of the existing outdated
playground equipment at Beale Park and Saunders Park. The Base Bid includes the demolition of
the existing equipment, furnishing and installing new playground equipment and rubberized
surfacing material at Beale Park, located at 500 Oleander Avenue, and Saunders Park, located
at 3300 Palm Street. The rubberized surfacing material will allow for unrestricted access for all
users, including handicap accessibility, to all features of the new playground equipment. In
addition, the rubberized surfacing material will be safer and more efficient to maintain than sand.
The engineer's estimate for this project was $491,300 for the Base Bid.
On May 16, 2013, four bids were received; all of those bids are acceptable. Those bids are as
follows:
Brown and Fowler Construction, Inc
3008 Antonino Avenue
Bakersfield, Ca 93308
Hobbs Construction Inc.
12357 Old Friant Rd
Fresno, Ca 93730
Gospich Construction Co.
9530 Hageman B -344
Bakersfield, Ca 93312
Malibu Pacific
31133 Via Colinas # 107
Westlake Village, Ca 91362
May 23, 2013, 11:26AM
S:2013admin /beale & saunders playground
Base Bid in the amount of $331,000.00
Base Bid in the amount of $383,233.00
Base Bid in the amount of $417,000.00
Base Bid in the amount of $499,994.00
ADMINISTRATIVE REPORT
The Beale Park Playground Rehabilitation project is funded from the Park Improvement Fund and
the Saunders Park Playground Rehabilitation project is funded from the Capital Outlay Fund.
May 23, 2013, 11:26AM
S:2013admin /beale & saunders playground
pF �� oaK RS
U � d
9L1 0
ADMINISTRATIVE REPORT
MEETING DATE June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: $.,i .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Art Chianello, Water Resources Manager
May 21, 2013
APPROVED
DEPARTMENT HEAD 9�'
CITY ATTORNEY V�
CITY MANAGER
Accept bid and award contract to Allied Weed Control, Inc. ($ 388,905.00) for the application of
herbicides. (All Wards)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The Water Resources Department prepared a RFQ /P package for professional services necessary
for noxious weed herbicide application and aquatic weed herbicide application. The Water Resources Department
plans to enter into a three year agreement with a Weed Control Spray Applicator contracting firm which has
documented extensive experience in the application of noxious weed herbicide, pre- emergent, aquatic weed control
and is capable of providing all necessary field and professional services for the Scope of Work as described in this
RFQ /P. This contract work shall consist of furnishing and applying all herbicide, pre- emergent, aquatic herbicide and
dye to the vegetation and invasive weeds growing on approximately 450 gross acres of City of Bakersfield Canal
rights -of -way, the 2800 Acre Recharge Area, the Kern River Levee System, Beardsley Canal and various other
locations within the City of Bakersfield on an on -call as- needed basis. Statement of Qualifications and Fee Proposals
were received by the City of Bakersfield Purchasing Office, on April 25, 2013.
Four (4) bids were received on April 25, 2013 for this project, as follows:
Allied Weed Control, Inc.
10218 Liberty Ave.
Livingston, CA 95334 ...................................... ............................... in the amount of $ 388,905.00
Abate -A -Weed, Inc.
9411 Rosedale Hwy.
Bakersfield, CA 93312 ................................. ............................... in the amount of $ 432,725.55
Stay Green, Inc.
26415 Summit Circle
Santa Clarita, CA 91350 ................................. ............................... in the amount of $ 551,490.00
DBI Services
1459 S. Cucamonga Ave.
Ontario, CA 91761 .... . ............................... . ....................... I ........ in the amount of $559,977.00
BA
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By lu
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d
ADMINISTRATIVE REPORT
Staff recommends acceptance of low bid and award of contract to Allied Weed Control, Inc. in the not to exceed
amount of $388,905.00 for the period of three (3) years, for the application of noxious weed herbicide, pre- emergent,
and aquatic weed control.
Funding for Year 1 of the maintenance program is budgeted in the Water Resources Department's FY 2013 -14
operating budget. Additional funds will be budgeted in subsequent years for Years 2 and 3 of this ongoing program.
der
S:\2013 ADMIN REPORTSWdmin May 2013 Allied Weed Control, Inc.doc
u AR+
ADMINISTRATIVE REPORT
r
FO
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9. kk.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 13, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Transfer $25,000 from a currently budgeted CIP project (Replace Hangar Doors -
Kern Charter) to a new CIP project for security cameras at the Bakersfield Municipal
Airport within the General Aviation Fund (Ward 1).
RECOMMENDATION: Staff recommends approval of transfer.
BACKGROUND: As part of the CIP process, a project was previously budgeted to replace one of
the hangar doors on the Bakersfield Municipal Airport's Fixed Based Operator (FBO) building. Kern
Charter, as the FBO for the Airport, initially requested the upgrade to the hangar doors. This
project would have replaced the existing manually operated door with a power- operated door,
either electric or hydraulic powered. Earlier this year, in planning discussions with FBO staff, they
indicated they preferred to keep the manually operated door since they are concerned with a
power failure preventing them from opening and closing the door. The available CIP budget for
this project is approximately $30,000.
Due to increased vandalism, there is a need for additional security at the Airport. No funds are
currently budgeted for these security improvements. Staff proposes to add a CIP project, which
will install a camera system at the Airport entrances. This would allow staff to have a record of
vehicles entering the Airport. Visual identification of the driver would also be possible. Currently,
security to the Airport is limited only to an access control keypad at both of the Airport's gates. A
five -digit access code is required to open the gates. Access is restricted to only persons with the
five -digit access code, but there is no record of who entered the facility and at what time. The
cost estimate for this unbudgeted CIP project is $25,000.
Staff recommends the transfer of $25,000 from the existing Hangar Door Project to a new CIP
project for security cameras at both gates.
Financial activity for the Airport is accounted for within an Enterprise Fund. The funding source for
Airport CIP projects are general aviation revenues. Consequently, there is no General Fund
impact associated with the project.
GI
G: \GROUPDAT \ADMINRPT \2013 \06 -05 \Airport CIP.docx
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: F. ll.
TO: Honorable Mayor and City Council
FROM: Douglas R. Greener, Fire Chief
DATE: May 6, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $79,667 Federal Grant funds from the USDA Forest Service and
$54,125 State Grant funds from the California Emergency Management Agency to
the Fire Department Operating budget within the General Fund for reimbursement
of personnel costs on state -wide master mutual aid assignments.
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
The Bakersfield Fire Department participated on numerous Strike Teams deployments (state-
wide master mutual aid) during the 2012 fire season. The total amount reimbursed from the
California Emergency Management Agency and the USDA Forest Service, combined was
$133,792. The fires took place in July, August and September of 2012.
When firefighters are working on mutual aid assignments, the City is reimbursed at the overtime
rate for the entire deployment. The Fire Department's operating budget already incurred these
costs by paying the overtime. This reimbursement is needed to appropriate these funds back
into the Fire Department's budget.
Fire: TC
C:\ Users \cblair \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \80VGQH18 \StrikeTeam 2013.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8 mI,.
TO: Honorable Mayor and City Council
FROM: Douglas R. Greener, Fire Chief
DATE: May 17, 2013
DEPARTMENT HEAD -1
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Appropriate $10,000 Prevention Revenue in the Certified Unified Program Agency
(CUPA) Fund Operating Budget for a televised Public Service Announcement (PSA)
on Pool Safety. (All Wards)
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
In 2012, the Bakersfield Fire Department in collaboration with the members of the City Council,
the Mayor, Hall Ambulance, Recreation and Parks, and KGET 17 produced a public service
announcement addressing swimming pool safety, including an important child safety and
drowning prevention message. The PSA was produced in both English and Spanish and aired
from June through September 2012 on network television stations and in local theaters. Social
networking was also used, resulting in 750,000 views of the PSA, with many of those views
coming from outside our local community.
During the period the PSA aired, there were no local pool - related deaths in Kern County. Our
community typically has an unacceptable rate of child - related swimming pool deaths, and
one of the highest child drowning rates per capita in the state of California.
Prevention revenue has exceeded the current fiscal year budget, and staff requests an
appropriation of $10,000 in Prevention revenues within the CUPA Fund to televise the PSA on
pool safety through the summer months of 2013.
Prevention Appropriation for PSA 06 05 13, 11:22 AM tc
S: \Crosby\Admin. Reports\Prevention Appropriation for PSA 06 05 13.docx
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 3.nn.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 22, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Budgetary actions regarding Centennial Corridor (TRIP) (Ward 2):
APPROVED
Appropriate $17,706,000 in Federal SAFETEA -LU funding to the Capital
Improvement budget within the TRIP Federal /State fund for continued
environmental and advanced preliminary engineering work on the above
project.
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: While the Federal Thomas Roads grant funds were initially awarded in one
congressional action, the actual "authorization to spend" is parceled out in segments by the
California Department of Transportation (Caltrans) as we move from one phase of a project to
another. We recently received additional authorizations from Caltrans regarding the above
referenced project.
The Centennial Corridor project will connect Interstate 5 (1 -5) to SR 58 via the Westside
Parkway.
Federal TRIP funds in the amount of $371,923,141 were designated for the completion of this
project. Previously, the City received approval from Caltrans to spend $22,132,500 of these
funds for the environmental phase. The City recently received authorization to spend an
additional $17,706,000 to complete the environmental document and begin advanced
preliminary engineering.
This budgetary action is necessary to properly account for the recently authorized funding
from Caltrans. The local match portion has already been accounted for in the budget.
May 22, 2013, 7:50AM
VATERAWRIPWdmin reportsWdmin - Centennial Corridor2.doc
ytA n■., "s
ADMINISTRATIVE REPORT
L1F0
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. oa.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 20, 2013
AP ROVED
DEPARTMENT HEAD A(
CITY ATTORNEY
CITY MANAGER
SUBJECT: Final Map (only) with City of Bakersfield, Successor Housing Agency, by operation
of law to the Bakersfield Redevelopment Agency, as recorded owner, for Tract
7209 located north of California Ave. and west of "S" Street. (Ward 2)
RECOMMENDATION: Staff recommends approval of map.
BACKGROUND: Creekview Villas will consist of 36 3 -story townhomes with 3 bedrooms, a
family room or a den /bonus room with 2 1/2 baths. Each townhome will provide 1,843 square
feet of livable space plus a 2 -car garage and a front patio off the den /bonus room. The
project is a for -sale condominium product marketed to target low -to- moderate income
families. The City, as the successor housing agency to the dissolved Bakersfield
Redevelopment Agency, took the property in lieu of foreclosure from the developer in
December of 2012. Fourteen of the 36 units are currently constructed and ready to market
once the final tract map has been recorded. Approval to record the final tract map will allow
the proceeds from the sales of the 14 condominiums to be used to construct the remaining 22
units.
Staff recommends approval of final map. Work within the City's right -of -way was done under
street permits. Therefore, no separate improvement agreement is required to record this final
map. Necessary bonding for the improvements was part of the street permits.
NOTE: THE IMPROVEMENT AGREEMENT
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
0
May 22, 2013, 1:44PM
G:\ GROUPDAT \ADMINRPT\2013 \06- 05 \T7209 Map ONLY AGRA=
B A KEJJ��
ADMINISTRATIVE REPORT
I0
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: g: pp,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: May 17, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER _
SUBJECT: Authorize the Finance Director to write off accounts receivable in various funds totaling
$152,817.49 and forward non bankrupt accounts to a collection agency for additional
collection efforts.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due
accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection
efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection
agency (H.P. Sears) for further action. Historically 5 -7% of City accounts forwarded to a collection agency
are eventually recovered.
Account detail is attached. The amount recommended is made up of the following account categories:
Commercial Sewer Service & Solid Waste (Refuse)
Residential Sewer Service & Solid Waste (Refuse)
Risk Management (Property Damage Claims)
Police (Alarm Violations & Misc. Activity)
Fire & Fire Safety (Environmental Services)
Other
$ 56,393.24
3,855.32
28,237.23
30,175.00
26,669.95
7,486.75
TOTAL $152.817.49
The recommended write off amount is about 0.16% of total billing, less than 114 of 1%. The private
sector uses 1 -2% as an acceptable write off benchmark. Bankruptcy proceedings make up 15.50%
($23,750.79) of the write off amount. In the bankruptcy cases, claims have been filed with the court where
applicable. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law
from further collection efforts.
The collection process for invoiced accounts begins after an invoice is unpaid for 30 days with a computer
generated past due notice which continues every 30 days. Additionally, past due letters are sent and
phone contact is initiated at 90 days delinquent. Larger balances are given priority attention.
P Asharples\Admin—Writeoff.doc
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8
TO: Honorable Mayor and City Council
FROM: Douglas N. Mclsaac, Community Development Director
DEPARTMENT HEAD
DATE: May 10, 2013
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Department of Housing & Urban Development (HUD) Action Plan Amendments,
(All Wards):
FY 10/ 11 Action Plan Amendment 10, FY 11/ 12 Action Plan Amendment 3,
and FY12 /13 Action Plan Amendment 4.
2. Transfer $312,380 operating savings from Acquisition and Demolition funds
and transfer $1,397,387 capital project savings from various Capital
Improvement Projects within the CDBG Fund to the CDBG Operating
budget for costs associated with acquisition and /or construction of
affordable housing by a Community Based Development Organization
(CBDO).
RECOMMENDATION:
Staff recommends approval of the amendments.
BACKGROUND:
The City receives funding annually from HUD as an entitlement community through the City's
Action Plan, which describes all HUD - funded City projects and sets aside funding for Section
108 loan payments for a particular fiscal year. The process by which significant changes are
made to the Action Plan is termed by HUD to be a Substantial Amendment. Staff is
recommending Substantial Amendments to the City's FY10 /11, FY11 /12, and FY 12/13 Action
Plans.
Due to the current denial by the State Department of Finance (DOF) of $3 million of
contractually - obligated project funding on the City's Recognized Obligation Payment
Schedule (ROPS) for the 20th Street Housing Project (now called Park 20th Apartments), staff
has reviewed alternative sources of funding available to complete the project. Staff has
identified $1,709,767 of project savings in the Community Development Block Grant (CDBG)
program that can be utilized specifically for the Park 20th Apartments project.
S: \Dana\ADMINS\2013UUNE \6 -5- Action Plan Amendments V2.Docx
5/10/2013 1:57 PM
rab
ADMINISTRATIVE REPORT
The proposed Action Plan amendments are reflected in the following table:
Page 2
Fiscal
Program
Current
Plan
Action
Revised Plan
Amount
Year
10 /11
Amount
$10,884.84
10 /11
10 /11
Clearance and Demolition
07/08
Lowell Park Restroom Construction
$60,779.00
09/10
Removal of Health and Safety deficiencies,
$38,716.90
Reduce &
Central Park Playground
$35,246.26
vacant substandard buildings and
$100,000
Transfer From
$57,498*
Beale Area - Curb & Gutter
improvements in low- income areas and
11/12
(- $42,502)
$209,564.00
10 /11
nei hborhoods
$23,536.00
10/11
19th & H Street Staging Area
11/12
Acquisition and Demolition
19th & H Street Staging Area Direct Delivery
Reduce &
12/13
CDBG PY Un- programed Savings /Balance
Acquisition and demolition of blighted
$312,638
Transfer From
$42,760*
properties in low- income neighborhoods
(-$269,878)
12/13
New Construction Assistance to CBDO -
Housing development assistance for costs
Create &
associated with acquisition and /or
$0
Transfer To
$1,709,767 **
construction of affordable housing by a
( +$1,709,767)
Community Based Development
Organization CBDO
* Funding already spent within the program
** Funding includes $1,397,387 of un- programmed funding resulting from project savings
In summary, the proposed Action Plan amendments will transfer a total of $312,380 of unused
CDBG funds in the Acquisition and Demolition progrdm ($42,502 from FY 10 /11 and $269,878
from FY 11/12), and re- allocate an additional $1,397,387 in project savings from prior year
CDBG Capital Improvement Program (CIP) projects that have been completed under budget
or included unused project funds. The list of CIP projects with funds being reprogrammed is
summarized in the following table:
Fiscal Yr
Project Title
Balance
10/11
Planz Park Playground Shade Structure
$14,982.56
10 /11
Jefferson Park Playground Shade Structure
$10,884.84
10 /11
MLK Park Bleachers & Playground Shade Structure
$23,628.44
07/08
Lowell Park Restroom Construction
$60,779.00
09/10
Lowell Park Playground - Rehab
$38,716.90
09/10
Central Park Playground
$35,246.26
10/11
Airport Landscaping
$53,140.00
10/11
Beale Area - Curb & Gutter
$47,303.00
11/12
California & P Area - Curb &Gutter, SW & Reconstruction
$209,564.00
10 /11
Alley Reconstruction & Sidewalk Improvement Project (Padre)
$23,536.00
10/11
19th & H Street Staging Area
$7,611.00
10/11
19th & H Street Staging Area Direct Delivery
$11,235.00
12/13
CDBG PY Un- programed Savings /Balance
$860,760.00
Total
$1,397,387.00
S: \Dana\ADMINS\2013UUNE \6 -5- Action Plan Amendments v2.docx
5/10/2013 1:59 PM
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ADMINISTRATIVE REPORT
Page 3
These funds will be transferred to a new program, New Construction Assistance to Community
Based Development Organizations (CBDOs), where the funding may be used to fill a portion of
the funding gap in the Park 20th project created by the current loss of redevelopment
funding.
In a separate but related item on this agenda, the City Council will be considering a
Disposition and Development Agreement (DDA) with Golden Empire Affordable Housing, Inc.
II (GEAHI -II) that will allow for this funding to be dedicated to the Park 20th Apartments project
if necessary as an alternative funding option. Only CDBOs are permitted to use CDBG funding
for new housing construction. GEAHI -II is one of only two CBDOs certified by the City of
Bakersfield.
It should be noted that the City is seeking a reversal of DOF's denial of redevelopment
funding. Should the City succeed in reinstating the redevelopment funding, the CDBG funds
allocated to this project can be applied to other projects through a future Action Plan
Amendment.
In accordance with HUD regulations and the City of Bakersfield's Citizen Participation Plan, a
30 -day Public Notice for the aforementioned amendments to solicit public input was
published on May 1, 2013. No comments have been received to date.
S: \Dana\HDMINS\2013\JUNE \6 -5- Action Plan Amendments v2.docx
5/10/2013 1:59 PM
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MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8. rr.
TO: Honorable Mayor and City Council APP_
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 21, 2013 CITY ATTORNEY t.
CITY MANAGER
SUBJECT: Receive and file successor agency payments from May 3, 2013 to
May 21, 2013 in the amount of $105.30
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2013\ADMIN —SA 05- 15- 13.doc
-- 't —
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM: 9.4..
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 7, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Consolidated Maintenance District (CMD) - All Wards:
Protest hearing as required by Resolution of Intention No. 1744 regarding the
park landscaping assessments for the CMD.
2. Resolution approving and adopting the Public Works Director's report for the
CMD and the 2013 -2014 budget, confirming the park landscaping assessments
and authorizing collection of assessments by the Kern County Tax Collector.
RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1744 on May 15, 2013,
preliminarily adopting, confirming and approving the Public Works Director's Report and the
2013 -2014 park landscaping budget for the CMD. This Resolution also set the protest hearing
date for June 5, 2013. Notice of the protest hearing has been published in accordance with
Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law.
This hearing is to hear protests only on the following: the fairness of the benefit formula; the zone
of benefit including tier level; the amount of the park landscaping assessment on any parcel of
property to be assessed; and the reservation by the City of right to elect whether to proceed to
perform work by the City forces or by a private contractor.
This Resolution confirms the 2013 -2014 CMD park landscaping assessments and authorizes
collection of the assessments by the Kern County Tax Collector.
On January 12, 2005, the City Council passed Resolution No. 019 -05 adopting Council Policy on
Park Maintenance and Street Landscaping Assessments which enables the City to collect
additional revenue for the maintenance of street and median landscaping and park
maintenance within the CMD. All parcels within the CMD are receiving benefit from public parks
and street landscaping and are assessed consistent with the assessment rates set by the
Proposition 218 ballot signed at the time of formation of each maintenance district, the Benefit
Formula and those amounts set forth in Exhibit "A" of Resolution No. 019 -05 for the CMD. Parcels
in maintenance districts which were formed prior to Proposition 218 will remain at their current
level of assessment.
Resolution of Intention No. 1744 and its exhibits for the CMD including the Public Works
Director's Report, the 2013 -2014 Budget, the Benefit Formula and the Assessment Roll are on
file in the office of the City Clerk.
Ps
G: \GROUPDAT \ADMINRPT \2013 \06- 05 \Admin Res Est Park CMD 13- 14.docx
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM: Q,b,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 7, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Consolidated Maintenance District (CMD) - All Wards:
1. Protest hearing as required by Resolution of Intention No. 1745 regarding the
street landscaping assessments for the CMD.
2. Resolution approving and adopting the Public Works Director's report for the
CMD and the 2013 -2014 budget, confirming the street landscaping assessments
and authorizing collection of assessments by the Kern County Tax Collector.
RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1745 on May 15, 2013,
preliminarily adopting, confirming and approving the Public Works Director's Report and the
2013 -2014 street landscaping budgets for the CMD. This Resolution also set the protest hearing
date for June 5, 2013. Notice of the protest hearing has been published in accordance with
Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law.
This hearing is to hear protests only on the following: the fairness of the benefit formula; the zone
of benefit including tier level; the amount of the street landscaping assessment on any parcel of
property to be assessed; and the reservation by the City of right to elect whether to proceed to
perform work by the City forces or by a private contractor.
This Resolution confirms the 2013 -2014 CMD street landscaping assessments and authorizes
collection of the assessments by the Kern County Tax Collector.
On January 12, 2005, the City Council passed Resolution No. 019 -05 adopting Council Policy on
Park Maintenance and Street Landscaping Assessments which enables the City to collect
additional revenue for the maintenance of street and median landscaping and park
maintenance within the CMD. All parcels within the CMD are receiving benefit from public parks
and street landscaping and are assessed consistent with the assessment rates set by the
Proposition 218 ballot signed at the time of formation of each maintenance district, the Benefit
Formula and those amounts set forth in Exhibit "A" of Resolution No. 019 -05 for the CMD. Parcels
in maintenance districts which were formed prior to Proposition 218 will remain at their current
level of assessment.
Resolution of Intention No. 1745 and its exhibits for the CMD including the Public Works Director's
Report, the 2013 -2014 Budget, the Benefit Formula and the Assessment Roll are on file in the
office of the City Clerk.
Ps
G: \GROUPDAT \ADMINRPT \2013 \06- 05 \Admin Res Est Street CMD 13- 14.docx
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM: 9: 0,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 7, 2013
SUBJECT: Traffic Signal Maintenance Districts - All Wards:
APP OVED
DEPARTMENT HEAD A.—
CITY ATTORNEY
CITY MANAGER
1. Protest hearing as required by Resolution of Intention No. 1746 regarding the
assessments for seventeen (17) Traffic Signal Maintenance Districts.
2. Resolution approving and adopting the Public Works Director's report for
seventeen (17) Traffic Signal Maintenance Districts and the 2013 -2014 budgets,
confirming the assessments and authorizing collection of assessments by the
Kern County Tax Collector.
RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1746 on May 15, 2013,
preliminarily adopting, confirming and approving the Public Works Director's Report and the
2013 -2014 budgets for the Traffic Signal Maintenance Districts. This Resolution also set the protest
hearing date for June 5, 2013. Traffic signal assessment rates were increased for the 2013 -2014
fiscal year. Notice of the protest hearing has been published in accordance with Chapter 13.04
of the Bakersfield Municipal Code in the manner required by law.
This hearing is to hear protests only on the following: the fairness of the benefit formula; the
amount of the assessment on any parcel of property to be assessed; and the reservation by the
City of right to elect whether to proceed to perform work by the City forces or by a private
contractor.
This Resolution confirms the 2013 -2014 Traffic Signal Maintenance Districts assessments and
authorizes collection of the assessments by the Kern County Tax Collector.
Resolution of Intention No. 1746 and its exhibits for the Traffic Signal Maintenance Districts
including the Public Works Director's Report, the 2013 -2014 Budgets, the Benefit Formula and the
Assessment Roll are on file in the office of the City Clerk.
Ps
G: \GROUPDAT \ADMINRPT \2013 \06- 05 \Admin Res Est TS MD 13- 14.docx
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar Hearing
ITEM: 9.d.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M, Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 22, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: A public hearing to consider the Resolution ordering 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.
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 the sewer line easement is no longer needed and the sewer lift
station has been relocated.
Preliminary notices were mailed to all adjacent property owners within a minimum 300 - foot
radius of the proposed vacated area. Public Works has received no objections from these
owners as of the date of report.
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.
On April 17, 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 from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the environment.
Resolution of Intention No. 1747 declaring intention to order said proposed vacation was
adopted by City Council at the regular meeting of May 1, 2013.
Notice of this public hearing has been duly advertised and posted as required by law.
\mm\ May 22, 2013; 3:27 PM
G: \GROUPDAT \ADMINRPT \2013 \06- 05 \MCCUTCHEN RD EASEMENT VACATION
BA
p� ,ovo.�ye�S
ADMINISTRATIVE REPORT
IF
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar Hearing
ITEM: 9 e,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 17, 2013
APPROVED
DEPARTMENT HEAD if �-
CITY ATTORNEY rC'M
CITY MANAGER
SUBJECT: A public hearing to consider the Resolution ordering the summary vacation of a
public utilities easement located south of Ming Avenue and west of Canter Way
(Ward 6)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Ming and Wible Center LLC has submitted a request to vacate a public utilities
easement (PUE) located at 4915 Ming Avenue, southwest corner of Ming Avenue and Canter
Way. The electrical line within the PUE provides electrical service to existing streetlights on
Ming Avenue adjacent to the property. The site is currently under development. The electrical
easement is being removed and the electrical line relocated to accommodate development
of a proposed tire store. The City will incur no costs for relocation of the line.
This request is eligible for summary vacation per Section 8330 of the Streets and Highways
Code which authorizes the City Council to summarily vacate a street or highway that has
been superseded by relocation.
Preliminary notices were mailed to all adjacent property owners within a 300 -foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the
date of this report.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there is no City sewer or storm drain facilities in
the vacating area.
The utility companies serving the area have been notified by mail. Public Works has received
no objection as of the date of this report.
The proposed vacation was approved by the Planning Department on May 6, 2013 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield General Plan
pursuant to Government Code 65402. It was determined that this action is exempt from the
requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of
CEQA guidelines (general rule), because there is no possibility that the action may have a
significant effect on the environment.
MM
May 17, 2013
G: \GROUPDAT \ADMINRPT \2013 \06- 05 \ADMIN PUE VACATION CANTER WAY.DOC
MEETING DATE: June 5, 2013 AGENDA SECTION: Consent Calendar Hearing
ITEM: 9
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 13, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Hearing to consider a Resolution approving and adopting an adjusted fee for the
development and improvement of parks within the City of Bakersfield (Proposed
1.98% increase). (All Wards)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: On November 7, 1990, Council approved Ordinance No. 3327 which added
Chapter 15.82 to the Bakersfield Municipal Code. The purpose of Chapter 15.82 is to promote the
public interest by establishing and imposing a fee as a method for financing the development,
improvement, and /or enhancement of public parks. New residential construction is charged a
fee for the development of new parks.
Chapter 15.82.060 of the Bakersfield Municipal Code states that the Public Works Director shall
submit a proposed fee schedule (annual report) regarding the fee amount to be collected for
each new dwelling unit. This fee shall be adjusted annually by the Construction Cost Index. Also,
the fee schedule shall be further adjusted to reflect all costs incurred for park development,
improvement, or enhancement. This fee shall be adopted by resolution of the City Council
following a noticed public hearing.
The following elements are reviewed in the calculation of the proposed park development fee:
• Cost to develop a ten -acre park - Amenities and costs are reviewed by staff from both the
Recreation and Parks Department and the Public Works Department.
• Number of population served by a ten -acre park - Based upon the Metropolitan
Bakersfield General Plan and Bakersfield Municipal Code Chapter 15.80, the standard of
providing park land is 2.5 acres per 1,000 population. Therefore, a ten -acre park serves a
population of 4,000.
• Cost per person to develop a ten -acre park - The cost to develop a ten -acre park is then
divided by the number of population served by a ten -acre park.
• Lastly, the cost per person to develop a ten -acre is multiplied by the number of persons
per dwelling unit per information from the most recent U.S. census.
• The result of the above steps becomes the proposed park development fee.
G: \GROUPDAT \ADMINRPT \2013 \06 -05 \Park Dev Fee Admin.docx
ADMINISTRATIVE REPORT
Page 2
This Resolution is the Public Works Director's annual report to the City Council with includes a
recommended increase in the current park development fee. Staff recommends increasing the
current $1,716 per dwelling unit fee to $1,750 per dwelling unit (1.98% increase). This increase is
based on the 1.94% increase in the Construction Cost Index (CCI) for the applicable time - frame.
This time -frame is based upon the index as of the last fee increase compared to the index as of
March 2013. The difference between the proposed fee increase of 1.98% and the increase of
1.94% in the CCI is due to rounding. Recreation and Parks Department staff has reviewed the
cost components of the park development fee and recommend no changes.
The park development fee was last adjusted in February 2012.
Informational notices were mailed to the Homebuilders Association of Kern County, the American
Institute of Architects, and North Bakersfield Recreation and Parks District.
Ps
G: \GROUPDAT \ADMINRPT \2013 \06 -05 \Park Dev Fee Admin.docx
A
ADMINISTRATIVE REPORT
Y,
0
MEETING DATE: June 5, 2013 AGENDA SECTION: Public Hearings
ITEM: /p, a .
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD %
DATE: May 29, 2013 CITY ATTORNEY V
CITY
SUBJECT: Public Hearing for the Fiscal Year 2013 -2014 Operating and Capital Improvement
Program Budgets
RECOMMENDATION:
Staff recommends Council hear public testimony.
BACKGROUND:
Each year, a public hearing is required to receive public comment prior to adoption of
the budget. The FY 2013 -14 Budget is proposed at $526,110,000 which is comprised of a
$415,407,518 Operating Budget and an $110,702,482 Capital Improvement Budget.
Final adoption of the budget is scheduled for June 26, 2013.
AT:ch:al
SA 13 -14 BUDPRO \Budget Admins, Resos \Budget Hearing 06.05.13- Operating, clP.docx
11111111111 `
ADMINISTRATIVE REPORT
��l 111111111111111111`1\`
MEETING DATE: June 5, 2013 AGENDA SECTION: Hearings
ITEM: 164.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 28, 2013
APPROVED
DEPARTMENT HEAD VG
CITY ATTORNEY d� —!--
CITY MANAGER
First Reading of Ordinance Adding Section 17.04.463 and Amending Section
17.08.050 of the Bakersfield Municipal Code Relating to Medical Marijuana
Dispensaries.
RECOMMENDATION:
For City Council's consideration.
BACKGROUND:
Since September 8, 2004, the City of Bakersfield has prohibited Medical Marijuana
dispensaries in the City of Bakersfield by way of Resolution No. 252 -04, which specifically states
that medical marijuana dispensaries are not permitted uses within any zone in the City of
Bakersfield.
The Federal Controlled Substances Act ( "CSA ") prohibits the possession, distribution, and
manufacture of marijuana with a narrow exception for research purposes.
California, however, enacted two statutes, the Compassionate Use Act of 1996 ( "CUA ")
and the Medical Marijuana Program ( "MMP "), which allow certain Californians to obtain and
use marijuana for medical purposes and not be subject to criminal liability. Neither the CUA nor
MMP provides any protection from the enforcement of the CSA by the Federal government.
The conflict between the Federal and State laws, coupled with a number of varying
appellate decisions, has made it difficult for cities in California to regulate medical marijuana.
Many cities were awaiting a decision by the Supreme Court of California before enacting any
ordinance. That decision finally arrived on May 6, 2013 in City of Riverside v. Inland Empire
Patients Health and Wellness Center, Inc., et al. ( "Riverside "). In that decision the Supreme
Court of California made it clear that "neither the CUA nor the MMP expressly or impliedly
preempts the authority of California cities and counties, under their traditional land use and
police powers, to allow, restrict, limit, or entirely exclude facilities that distribute medical
marijuana, and to enforce such policies by nuisance actions."
At the last City Council meeting, Councilmember Maxwell requested that the City
Attorney's office draft and present to the City Council an ordinance consistent with the
Riverside ordinance upheld by the Supreme Court of California. The attached proposed
ordinance being presented tonight for City Council's consideration is consistent with the
decision in Riverside, and will make medical marijuana dispensaries a prohibited use in every
zone of the City of Bakersfield. The enactment of this ordinance will essentially codify Resolution
No. 252 -04, which already prohibits medical marijuana dispensaries in the City.
The ordinance first adds the definition of a "Medical Marijuana Dispensary" in section
17.04.463. The ordinance also amends section 17.08.050 by changing the title from "Additional
Excluded Uses" to "Prohibited Uses," and identifies a Medical Marijuana Dispensary as a use
specifically prohibited within any zone.
Since this is an ordinance that amends the City's zoning code, a public hearing is
required. Notices were given Sunday May 26, 2013 and Wednesday May 29, 2013 by posting
1/8th page notices in The Bakersfield Californian. Finally, because this is a zoning issue, future
enforcement will continue to be handled through the civil process and involve the Community
Development Department, Police Department, and the City Attorney's Office.
As of Tuesday, May 28, 2013, the City has received three comments from the public, all of
which oppose the Ordinance.
The Planning Director has determined that the proposed project is exempt from the
provisions of the California Environmental Quality Act ( "CEQA "). Under the general rule of
CEQA in accordance with section 15061 (b) (3), it can be seen with certainty that there is no
possibility that adoption of the proposed ordinance will have a significant effect on the
environment.
Rl:dll /lsc
S: \COUNCIL \Admins \12 -13 Admins \Med.MJ.Ord.Docx
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 15, 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: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson (seated at
3:34 p.m.)
Absent: None.
City Clerk Gafford announced that, at the request of staff,
Closed Session Item 4.a. has been pulled from tonight's
Agenda.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a. Department Budget Presentaions:
1. Public Works
Public Works Director Rojas made staff
comments and provided a PowerPoint
presentation.
Assistant Public Works Director Fidler presented
an update on the Capital Improvement
Program and provided a Powerpoint
presentation.
Councilmember Johnson requested that, prior
to approving the budget, staff provide him with
the total amount of overtime being used in the
Public Works Department.
ACTION TAKEN
Bakersfield, California, May 15, 2013 - Page 2
3. WORKSHOPS continued
Item 3.a.l . continued
Councilmember Maxwell asked staff to look
Into re- designing the blue recycling cart and
offer a smaller size to citizens who do not
anticipate they will need a larger cart.
Councilmember Maxwell asked that Public
Works staff review their budget to think of ways
they might save 10% of their budget in order to
be infused Into a division that might need it
more.
Councilmember Sullivan requested that staff
search for beautification grants to Improve the
on and off ramps of SR 99, and to estimate a
time frame when the improvements can be
completed.
Councilmember Sullivan requested that staff
repair the seating Inside the Rabobank Arena.
2. Community Development
Community Development Director Mclsaac
made staff comments and provided a
PowerPoint presentation.
Councilmember Johnson requested that staff
provide him with the number of building
inspections each person performs per week.
3. Water Resources
Mayor Hall announced that the Water
Resources Budget Presentation will be held prior
to the Police Department Budget Presentation
and after the Kern COG Presentation.
City Clerk Gafford reiterated that Closed Session Item 4.a.
has been pulled from the Agenda.
4. CLOSED SESSION
a. Conference with Legal Counsel - Initiation of
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (4) (one
potential case).
ACTION TAKEN
REMOVED BY
STAFF
Bakersfield, California, May 15, 2013 - Page 3
5. CLOSED SESSION ACTION ACTION TAKEN
None.
6. ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 4:46 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 - 5:17 p.m.
Mayor Hall announced that public statements regarding
Agenda Item 11.a., Legislative and Litigation Committee
Report relating to ownership of chickens in neighborhoods,
will be heard at the time the Agenda item is read by the City
Clerk; a public speaker's card must be submitted to the City
Clerk by all speakers; and the City Council's time limit policy
for public statements will apply to this Agenda item.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None.
City Clerk Gafford announced that the Water Resources
Budget Presentation was continued from the 3:30 p.m. City
Council meeting and will be heard prior to the Police
Department Budget Presentation item 6.b.
2. INVOCATION by Minister Tour6 Tyler, The Cross
Christian Church.
3. PLEDGE OF ALLEGIANCE by Jayden Burton, 1 st grade
student at Independence Elementary School
Bakersfield, California, May 15, 2013 - Page 4
4. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of a Proclamation to
Jonathan Moo, Bike Bakersfield Education
Coordinator, declaring May 2013, Bike Month
and May 17, 2013, as Bike to Work Day.
Mr. Moo accepted the Proclamation and
made comments.
b. Presentation by Mayor Hall of iPads to Green
Expo Recycled Material Art Facebook Contest
Winners Pablo Castro, Arlete Monreal, Katrina
Rocha, Luz Murataya and Kenia Jimenez.
Ms. Monreal, Ms. Rocha, Ms. Murataya,
Ms. Jimenez and Mr. Castro accepted the
iPads and made comments.
5. PUBLIC STATEMENTS
a. The following individuals spoke regarding a
biography of Colonel Thomas Baker and
provided the City Council with a copy of the
book: Judy Salamacha and Sandy Mittlesteadt;
and announced that there will be a book
signing at Russo's Bookstore on June 1 st.
b. The following individuals spoke regarding Youth
Leadership Bakersfield (submitted written
material): Cindy Pollard, President /CEO of the
Greater Bakersfield Chamber of Commerce;
Rob Duchow, Public Affairs Manager for
Southern California Gas Company; Amber
Parcher, student at Valley Oak Charter School;
and Jeffrank Solorzano, student at Foothill High
School.
C. Matthew Woods, representing Hacker
Equipment Company, spoke in protest of the
street sweepers bid and asked the City Council
to further review the low bid to verify they are in
compliance with the bid specifications.
d. Frank Wheeler, representing Municipal
Maintenance Equipment, spoke in support of
the street sweepers bid and thanked the City
for giving his company the opportunity to
provide service, support and equipment for the
last 16 years.
Bakersfield, California, May 15, 2013 — Page 5
5. PUBLIC STATEMENTS continued ACTION TAKEN
e. Marvin Dean spoke regarding various Agenda
items; he thanked the Mayor and City Council
for honoring and recognizing people of all
diversity; and announced that he recently
substituted Matt Gardner as his Campaign
Treasurer.
f. Matt Gardner spoke regarding funding a
waterpark for the City and proposed that a City
committee meet to discuss the needs of
financing a waterpark through a public offering
by going directly to the public as a reverse
merger.
g. Jim Wheeler, Chairman of the Steering
Committee for the Kern County Homeless
Collaborative, stated that their Committee has
not yet taken an official position on the AB 5
Resolution; that they were pleased to see that
Mayor's 10 year plan to end chronic
homelessness is mentioned in the Resolution;
encouraged the City Council to visit the
Collaborative website at
www.kernhomeless.org to view the services and
resources that are available to the City; and
submitted written material on the
Collaborative's accomplishments.
Councllmember Maxwell requested he be
provided with the Kern County Homeless
Collaborative meeting schedule so that he can
attend.
h. The following individuals spoke regarding the
decision to ban marijuana dispensaries: TJ
Esposito, Owner of Patriot Bail Bonds (opposed
and submitted written material); Nora Weber
(support); and Phil Ganong, Attorney (opposed
and submitted written material).
Tomeka Powell, Ward One resident, asked that
the City Council amend the City Charter which
relates to the qualifications to be a
councilmember and add that candidates must
live in the ward they are running in for at least
three months prior.
Councllmember Weir asked that Ms. Powell's
request be referred to the Legislative and
Litigation Committee.
Bakersfield, California, May 15, 2013 — Page 6
5. PUBLIC STATEMENTS continued ACTION TAKEN
j. Jess Winters, on behalf of Vision Corps and
Canyon Hills Church, spoke regarding the I Love
America event being held on July 4th at
Bakersfield College; advised where tickets can
be purchased; thanked the sponsors; and
encouraged those wishing to volunteer or
sponsor the event to contact Rick Moore
through their website at
iloveamericabakersfield.com.
k. George Moreno, Sr., spoke in support of a
Human Life Ordinance.
I. Vanessa Vangel, Ward 2 resident, spoke in
opposition of the 24th Street Widening Project.
Councilmember Maxwell requested that staff draft an
ordinance prohibiting businesses from selling
marijuana within the city limits, mirroring the City of
Riverside's ordinance.
Mayor Hall announced he would be absent for the
rest of the evening and recessed the meeting at
6:23 p.m.
Vice -Mayor Weir reconvened the meeting at 6:32 p.m.
6. WORKSHOPS
a. Kern Council of Government's Regional
Transportation Plan, Sustainable Communities
Strategy.
Kern COG Planning Division Director Robert Ball
made comments and provided a PowerPoint
presentation.
Councilmember Johnson suggested that Kern
COG consider facilitating changes in State law
to utilize existing canal right -of -ways and
incorporating them into a multi -use
transportation corridor.
Councilmember Maxwell suggested adjusting
the traffic lights on 23rd and 24th Streets, and
Mohawk and Oak Streets, to be more efficient,
and look into installing a sign at the crosstown
freeway directing people to use Golden State
Highway to travel north on SR 99 in order to
ease freeway congestion.
Bakersfield, California, May 15, 2013 — Page 7
6. WORKSHOPS continued
Item b.a. continued
Councilmember Maxwell requested that he be
provided with the total cost for the Centennial
Corridor Project.
b. Department Budget Presentation:
1. Water Resources
Water Resources Manager Chianello made
staff comments and provided a PowerPoint
presentation.
Councilmember Johnson requested that Water
Resources Manager Chianello work with the
City Manager on how much time the Police
Department spends on monitoring crime on the
Kern River Parkway, to determine If there Is a
need to do an Inter -fund transfer to augment
the Police Department.
2. Police Department
Police Chief Williamson made staff comments
and provided a PowerPoint presentation.
Councilmember Johnson requested that Police
Chief Williamson work with Water Resources
Manger Chlanello to determine if an inter -fund
transfer is needed to augment the Police
Department for their time spent monitoring the
Kern River Parkway for crime.
In response to a question by Councilmember
Maxwell, City Attorney Gennaro stated the
Internet Cafe issue is being looked into at the
next Safe Neighborhoods Committee meeting,
and that she will provide the City Council a
memorandum once that is completed.
Councilmember Maxwell stated he wants the
public to know that should they see two Police
Officers in one vehicle, it is because new
officers are required to ride with experienced
officers for a period of time during training.
Councilmember Sullivan suggested Chief
Williamson write a Community Voices article to
Inform the public about the Issue of two Police
Officers In a vehicle.
ACTION TAKEN
Bakersfield, California, May 15, 2013 — Page 8
7. APPOINTMENTS ACTION TAKEN
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 1, 2013 Regular
City Council Meetings.
Payments:
b. Receive and file department payments from
April 19, 2013, to May 2, 2013, in the amount of
$9,271,897.20 and self- insurance payments from
April 19, 2013, to May 2, 2013, in the amount of
$195,699.87 totaling, $9,467,597.07.
Ordinances:
C. First Reading of Ordinance amending the text FR
of various sections of Chapter 17.60 of the
Municipal Code relating to signs.
d. Adoption of Ordinance amending Municipal ORD 4728
Code Section 1. 12.060 by adding Annexation
No. 556 located along the west side of Stine
Road, on the north and south sides of Taft
Highway to Ward 6. (FR 05101113)
Resolutions:
e. Resolution in opposition of Assembly Bill 5 which RES 052 -13
would establish the "Homeless Person's Bill of
Rights and Fairness Act ".
f. Emergency Sewer Repairs on Stine Road, South
of Panama Lane, at the Arvin Edison Canal:
Resolution dispensing with bidding RES 053 -13
procedures due to emergency sewer
repairs, and authorizing Rain for Rent
and W. M. Lyles Company to perform
necessary repairs, not to exceed
$500,000.
2. Appropriate $500,000 Sewer Enterprise
Fund balance (Wastewater Treatment
Plant No. 3) to the Public Works
Department's Capital Improvement
budget.
Bakersfield, California, May 15, 2013 — Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
ITEM 8.F. CONTINUED
g. Resolution of Intention No. 1744 preliminarily
adopting, confirming and approving the
Public Works Director's Report for the
Consolidated Maintenance District (CMD) and
the 2013 -2014 budget and setting the time and
place for hearing protests on the amount of
park landscaping assessments to be levied
throughout the CMD.
h. Resolution of Intention No. 1745 preliminarily
adopting, confirming and approving the
Public Works Director's Report for the
Consolidated Maintenance District (CMD) and
the 2013 -2014 budget and setting the time and
place for hearing protests on the amount of
street and median landscaping assessments to
be levied throughout the CMD.
Resolution of Intention No. 1746 preliminarily
adopting, confirming and approving the
Public Works Director's Report for 17 Traffic
Signal Maintenance Districts (TSMD) and
their 2013 -2014 budget and setting the time
and place for hearing protests on the
amount of Traffic Signal assessments to be
levied for each TSMD.
j. Resolution of Intention No. 1748 ordering the
vacation of an alley located south of Dorian
Drive, east of Laurel Drive and west of So.
Chester Avenue.
Agreements:
k. Cooperative Agreement with the State of
California Department of Transportation
(Caltrans) for the Plans, Specifications and
Estimate and Right -of -Way phases for the
24th Street Improvement Project. (TRIP)
Amendment No.1 to Agreement No. 12 -086
with Loop Electric, Inc. ($360,000; revised
not to exceed $719,760 and extending term
one year), for vehicle loop cutting.
ROI 1744
ROI 1745
ROI 1746
ROI 1748
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 12- 086(1)
f -a
Bakersfield, California, May 15, 2013 - Page 10
CONSENT CALENDAR continued
M. Amendment No. 4 to Agreement No. 10 -080
with Commercial Cleaning Systems, Inc.
($43,372; revised not to exceed $173,488 and
extending term one year), for janitorial
maintenance at City Hall North.
n. Amendment No. 3 to Agreement No. 11 -065
with Wholesale Fuels, Inc. ($40,000; revised not
to exceed $160,000 and extending term one
year), for the supply of propane.
o. Amendment No. 1 to Agreement No. PW 12 -062
with Clean Cut Landscaping ($26,988; revised
not to exceed $53,976 and extend term one
year), for landscape maintenance at
Wastewater Treatment Plant No. 3.
P. Amendment No. 1 to Agreement No. 08 -087
with the County of Kern (no change in
compensation and extending term five years),
and add food waste to materials being
recycled at the Recycling Facility.
q. Amendment No. 1 to Agreement No. 07 -218
with Old River LLC, for extension of time to
construct Bridle Creek Park for Tract 6359.
r. Rehabilitation of Three Lift Stations:
Bids:
1. Contract Change Order Nos. 2 and 3 to
Agreement No. 11 -170 with HPS
Mechanical, Inc. ($125,123.62; revised
not to exceed $1,097,382.62), for the
project.
2. Appropriate $125,124 Sewer Enterprise
Fund balance (Wastewater Treatment
Plant No. 2) to the Public Works
Department's Capital Improvement
budget.
Extend bid from Lehr Auto Electric, ($109,810.95)
for the purchase of 30 Panasonic Toughbook
Laptops for the Fire Department.
ACTION TAKEN
AGR 10- 080(4)
AGR 11- 065(3)
AGR 13 -074
AGR 08- 087(1)
AGR 07- 218(1)
AGR 11 -170
CCO2, CC03
Bakersfield, California, May 15, 2013 - Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
t. Accept bid from Rush Truck Center
($201,444.65) for one additional combination
saw truck for the Public Works Department,
Streets Division.
U. Accept bid and approve contract with AGR 13 -075
General Scales ($68,500) to furnish and install
a truck scale at the Green Waste Facility.
V. Accept bid and approve contract with Loop AGR 13 -076
Electric, Inc. ($139,750), for Traffic Signal and
Lighting Installation at the intersection of
Hosking Avenue and Akers Road.
W. Landscape Improvements to Existing Median
Islands, Phase Il: Olive Drive and Calloway
Drive, and Calloway Drive north of Rosedale
Hwy. to Meacham Road.
1. Accept bid and approve contract with AGR 13 -077
Clean Cut Landscape ($260,398.95), for
construction of project.
2. Appropriate $115,000 Developer Share
Project cost to the Public Works
Department's Capital Improvement
budget within the Capital Outlay Fund.
Miscellaneous:
X. Acceptance of 2011 -12 Transportation
Development Act Funds Financial Statements.
Successor Agency Business:
Y. Receive and file successor agency payments
from April 19, 2013, to May 2, 2013, in the
amount of $1,265,628.69.
City Clerk Gafford announced that staff submitted a
memorandum indicating a change to item 8.e.
regarding an AB 5 Resolution.
Councilmember Maxwell requested that item 8.k. be
removed for separate consideration.
Motion by Councllmember Hanson to adopt Consent APPROVED
Calendar items 8.a. through 8.y. with the removal of
Item 8.k. for separate consideration.
Bakersfield, California, May 15, 2013 - Page 12
8. CONSENT CALENDAR continued ACTION TAKEN
Cooperative Agreement with the State of AGR 13 -073
California Department of Transportation
(Caltrans) for the Plans, Specifications and
Estimate and Right -of -Way phases for the
24th Street Improvement Project. (TRIP)
Motion by Councilmember Maxwell to reject the
adoption of this agreement, and to wait and review
the final environmental impact report.
Councilmember Maxwell amended the motion to
adopt Consent Calendar Item 8.k. with a restriction
that no right -of -ways can be acquired until the final
environmental impact report is presented to City
Council.
Councilmember Maxwell stated for the record that he
did not want to change his motion.
Councilmember Johnson requested that the City
Attorney articulate a motion that accomplishes
Councilmember Maxwell's requests.
City Attorney Gennaro suggested that
Councilmember Maxwell could amend his motion to
approve Consent Calendar Item 8.k. with the
understanding that no right -of -way will be acquired
until staff comes back to the Council and either 1)
submits the EIR to City Council for approval or denial,
or 2) indicates to the Council that the City has
received the early release of funds, whichever occurs
first.
Motion by Councilmember Maxwell to use the APPROVED
language the City Attorney provided, to adopt
Consent Calendar Item 8.k.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public hearing on Resolution of Necessity to RES 054 -13
determine the public interest and necessity for
acquisition of an easement interest in a portion
of certain real property in southwest Bakersfield
(APN #514- 060 -10) for the construction of a
sewer pipeline to be incorporated into the
City's sewer system. (Staff recommends adoption
of Resolution.)
9.
Bakersfield, California, May 15, 2013 — Page 13
CONSENT CALENDAR PUBLIC HEARINGS continued
b. Public hearing to consider the Resolution
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. (Staff
recommends adoption of Resolution.)
C. General Plan Amendment /Zone Change
No. 12 -0469; Quad Knopf, Inc. representing GC
Investments, (property owners), has applied for
a general plan amendment and zone change
on 14.76 acres generally located on the
northeast corner of Stockdale Highway and
Coffee Road. (Staff recommends adoption of
Resolution and first reading of Ordinance.)
Resolution adopting the Negative
Declaration.
2. Resolution approving the general plan
amendment changing the land use
designation from HR (High Density
Residential) to OC (Office Commercial).
3. First Reading of Ordinance amending
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district from R -3 (Multiple Family Dwelling)
and R -2 (Limited Multiple Family
Dwelling) to C -O (Professional and
Administrative Office)
d. General Plan Amendment /Zone Change
No. 13 -0005; Bolthouse Properties, LLC,
(property owner), has applied for a general
plan amendment and zone change on
43.97 acres located at the south side of
Stockdale Highway, one quarter mile west of
South Renfro Road. (Staff recommends adoption
of Resolution and first reading of Ordinance.)
1. Resolution adopting a Negative
Declaration.
2. Resolution approving the general plan
amendment changing the land use
designation from HR (High Density
Residential) to LR (Low Density
Residential) on 43.97 acres.
ACTION TAKEN
RES 055 -13
RES 056 -13
RES 057 -13
FR
RES 058 -13
RES 059 -13
Bakersfield, California, May 15, 2013 — Page 14
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
Item 9.d. continued
3. First Reading of Ordinance amending FR
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district from R -3 (Multiple Family Dwelling)
to R -1 (One Family Dwelling) on 43.97
acres.
e. General Plan Amendment /Zone Change
No. 13 -0006; McIntosh & Associates,
representing Black Ops Real Estate III /Matt
Wade, (property owner), has applied for a
general plan amendment and zone change on
approximately 40 acres located at the
northeast corner of Noriega Road and Rudd
Avenue. (Staff recommends adoption of Resolution
and first reading of Ordinance.)
1. Resolution adopting the Negative RES 060 -13
Declaration.
2. Resolution approving the general plan RES 061 -13
amendment changing the land use
designation from R -IA (Resource -
Intensive Agriculture) to LR (Low Density
Residential) on approximately 40 acres.
3. First Reading of Ordinance amending FR
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district from County A (Exclusive
Agriculture) to City R -1 (One Family
Dwelling) on approximately 40 acres.
City Clerk Gafford announced that a memorandum
has been received from staff clarifying that the project
area for item 9.c. is located within Ward 2.
Consent Calendar Public Hearings Items 9.a. through
9.e. opened at 8:00 p.m.
No one spoke.
Consent Calendar Public Hearings Items 9.a. through
9.e. closed at 8:00 p.m.
Motion by Councllmember Hanson to adopt Consent APPROVED
Calendar Public Hearings Items 9.a. through 9.e.
Bakersfield, California, May 15, 2013 - Page 15
10. HEARINGS
ACTION TAKEN
None.
11. REPORTS
a. Legislative and Litigation Committee Report
regarding Ownership of Chickens in Urban
Residential Neighborhoods.
The majority of the Legislative and Litigation
Committee recommends making no changes
to the existing ordinance pertaining to
ownership of chickens in residential zones.
City Clerk Gafford announced that staff received
three e -mails in support of the majority report and
three e -mails in opposition to the majority report.
Community Development Director Mclsaac made
staff comments.
The following individuals spoke in opposition to the
majority report of the Legislative and Litigation
Committee: Denise Netherton, Adam Netherton,
Kimberly Burchett, and Linda Snoddy.
Motion by Councilmember Sullivan to approve the
FAILED
minority report of the Legislative and Litigation
NOES WEIR,
Committee, with more work to be done and to have
MAXWELL, HANSON,
the Final ordinance come back to be approved by the
JOHNSON
City Council.
Motion by Councilmember Maxwell to approve the
APPROVED
majority report of the Legislative and Litigation
NOES SULLIVAN,
Committee.
SMITH
12. DEFFERED BUSINESS
a. Accept bid from Maintenance Equipment, Inc.
($900,869.55), for three replacement
mechanical rear broom street sweepers for the
Public Works Department, Street Division.
(deferred from the meeting of 41 17/ 13)
Finance Director Smith made staff comments
and recommended acceptance of the bid.
In response to a question by Councilmember Maxwell,
Public Works Director Rojas explained that staff has
reviewed the concerns from the bid protest and staff
still recommends acceptance of the lowest bid.
Bakersfield, California, May 15, 2013 - Page 16
12. DEFFERED BUSINESS continued ACTION TAKEN
Item 12.a. continued
At the request of Councilmember Johnson, Matthew
Wood, representing Haaker Equipment Company,
made comments and requested further review from
the City Council before awarding the bid for street
sweeper equipment.
Motion by Councllmember Johnson to adopt Deferred APPROVED
Business Item 12.a.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Smith expressed his appreciation to
City employees for their hard work.
Councilmember Smith requested that the Planning
and Development Committee review the City's current
streets standards to ensure they comply with the new
complete streets policy, and he provided examples
from other cities.
Councilmember Johnson requested that he be
provided with a digital copy of the language in the
AB 5 Resolution; and would also like the Resolution
sent to the author of AB 5 and to the next Chair of the
Committee where it Is going to be heard.
In response to Councilmember Johnson's concern
regarding the Pacheco Road ramp closure for the
CalTrans SR99 Widening Project, City Manager Tandy
explained we are currently waiting on a response
from CalTrans on why the City was not notified of the
closure.
Councllmember Maxwell asked that Police Chief
Williamson look Into a noise complaint on Verde
Street.
Councllmember Maxwell requested that Finance
Director Smith provide a presentation at the next City
Council meeting on the bond project for the
Centennial Corridor.
Bakersfield, California, May 15, 2013 - Page 17
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Maxwell thanked the following Public
Works Traffic Division staff for their professionalism and
effort in researching a concern regarding stop signs on
20th and Spruce streets: Nick Fidler, Ryan Starbuck, and
John Ussery.
Councilmember Maxwell apologized for possibly
making the meetings longer by pulling items from
Consent Calendar for discussion, but he feels it would
make sense to go over every item individually instead
of the way it is currently done, and he would prefer
there be no staff recommendation placed on the
Administrative Reports so the Council can reach their
own conclusions.
15. ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 9:19 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield