HomeMy WebLinkAbout08/14/13_CC_AGENDA_PACKETREGULAR MEETING - 3:30 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CLOSED SESSION
BAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF AUGUST 14, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d)(1) for the following:
1. Joe R. Slaughter, et al. v. City, et al., Kern County Superior Court Case
No, S- 1500 -CV- 271472 LHB.
2. Concerned Citizens of Bakersfield v. City, Kern County Superior Court Case
No. S- 1500 -CV- 279933.
3. City v. County of Kern, et al., Kern County Superior Court Case No. S- 1500 -CV-
279379 DRL /Fresno County Superior Court Case No, pending.
b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d)(4). (one potential case).
4. CLOSED SESSION ACTION
5. ADJOURNMENT
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
2. INVOCATION by Pastor Joshua Kirstine, Olive Drive Church.
3. PLEDGE OF ALLEGIANCE by Natalie Ruiz, 7m grade student at Stonecreek Junior High School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Shell Pipeline Company, LP,
representatives Jessica Nell, Public Awareness Representative, Alan Caldwell,
Communications Manager, and Matt Wade, Health and Safety Advisor, declaring
August 14, 2013, as 811 Day.
b. Presentation by Mayor Hall of a Proclamation to Ben Stinson, III, the 2013 John Brock
Community Service Award winner, declaring September 5, 2013, as Ben Stinson, III,
Day.
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
a. One appointment to the Kern Mosquito and Vector Control District to complete a
term that expires December 31, 2013.
Staff recommends Council determination.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 17, 2013, Regular City Council Meetings.
Payments:
b. Receive and file department payments from July 3, 2013, to August 1, 2013, in the
amount of $32,989,195,12 and self - insurance payments from July 3, 2013, to August 1,
2013, in the amount of $1,741,862.38 totaling $34,731,057,50.
Ordinances:
(Ward 5) C. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone district from Planned Unit Development to
Revised Planned Unit Development on 4,65 acres located at the southwest corner of
Ming Avenue and Gosford Road. A previously adopted Negative Declaration for
PUD /ZC # 06 -0332 applies to this project. (ZC# 13 -0166 - McIntosh & Associates
representing Castle & Cooke California, Inc., and University Park Community
Association).
Resolutions:
d. Resolution determining that certain Motorola radio equipment cannot be obtained
through usual bidding procedures because of the need to integrate Into the existing
radio Infrastructure and authorizing the Finance Director to dispense with bidding
therefor, not to exceed $130,000.
e, Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have 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.
f. Resolution approving the destruction of certain obsolete City records, documents,
Instruments, books and papers, pursuant to Section 34090 et seq. of the California
Government Code, (Finance Department)
(Ward 1,5,6,7) g, Resolution for the Local Support of Regional Surface Transportation Program (RSTP)
Projects for Federal Fiscal Years 2014 -2015 and 2015 -2016.
h. Resolution for the Local Support of Congestion Mitigation and Air Quality (CMAQ)
Projects for Federal Fiscal Years 2014 -2015 and 2015 -2016.
(Ward 4) i. Resolution adding territory, Area 1 -95 (west of the northwest corner of Rosedale
Highway and Allen Road) to the Consolidated Maintenance District and approving,
confirming and adopting the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector,
City Council Meeting of 08/14/2013
8. CONSENT CALENDAR continued
(Ward 1,3) J. Resolutions of Intention adding the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting Public
Works Director's Report for each;
1. ROI No. 1758 adding Area 4 -116 (2512 Oswell Street)
2. ROI No. 1759 adding Area 4 -117 (910 O Street)
Agreements:
k. Agreement between City, State of California Department of Public Health and the
U.S. Department of Housing and Urban Development ($372,171) for Housing
Opportunities for Persons with HIV /AIDS Entitlement Program (HOPWA).
I. Agreement with William Avery & Associates, Inc. (not to exceed $49,800, Including
expenses), for labor negotiation and consulting services, for July 1, 2013 through
June 30, 2014.
M. Freeway Litter Program;
1. Memorandum of Understanding with Kern Council of Governments ($80,000
from August 1, 2013, through June 30, 2014), to provide continuation funding
for the program.
2. Appropriation of $80,000 from Other Agency Share of Project costs to the
Public Works Department's operating budget within the Refuse Fund to
provide funding for the program.
(Ward 7) n. Final Tract Map and Maintenance Agreement with Shaw Property, Inc., for Tract 6390
Phase 1 located south of Berkshire Road and east of Assert Street,
(Ward 4) o. Tract Map and Maintenance Agreement with J & L Gardiner, LLC, for Tract 7109
located south of Reina Road and west of Old Farm Road.
(Ward 6) P. Final Map, Improvement and Landscape Agreements with Meritage Homes of
California, Inc., for Tract 6557 Phase 1 located south of Berkshire Road and west of
Stine Road.
(Ward 6) q. Parcel Map, Improvement and Landscape Agreements with WInCo Foods, LLC, for
Parcel Map 11779 located south of Panama Lane and west of Ashe Road.
r. Amendment No. 1 to Agreement No. 12 -124 with Crop Production Services
($182,000; revised not to exceed $364,000 and extend term one year), to continue
the supply of chemicals and Insecticides /herbicides.
S. Amendment No. 3 to Agreement No. 10 -132 with Jim Alfter Cement Contractor
($1,350,000; revised not to exceed $5,409,172 and extend term one year), to
continue the supply of concrete construction.
(Ward 3) t. Design of Manor Street Bridge Retrofit at Kern River;
1. Amendment No. 1 to Agreement No. 12 -073 with WKE, Inc. ($206,985; revised
not to exceed $266,885), for Phase 2 design services for the project.
2. Appropriate $212,472 Federal Seismic Retrofit and Bridge Rehabilitation funds
to the Public Works Department's Capital Improvement budget within the
SAFETEA -LU Fund.
City Council Meeting of 08/14/2013
8. CONSENT CALENDAR continued
(Ward 2,3) U. Mohawk Street Improvements - Rosedale Highway to Siena Lane:
1. Utility Agreement with Paramount Petroleum Corporation, ($606,000; City to
reimburse Paramount Petroleum Corporation) for the relocation of petroleum
transmission facilities, fiber optics, gas recovery, and water Injection lines.
2. Appropriate $606,000 Transportation Development Fund balance to the Public
Works Department's Capital Improvement budget.
(Ward 1) V. Contract Change Order No. 1 to Agreement No. 13 -093 with Bowman Asphalt, Inc,
($78,594.90; revised not to exceed $721,020.90), for the project known as Pavement
Rehabilitation 2013 Phase 3 - Dr. Martin Luther King Jr, Boulevard from Wilkins Street to
East California Avenue.
(Ward 4) W. Contract Change Order Nos. 10, 11, 12, 14, 16, 17, 18, 19, 20, 21, 24 and 26 to
Agreement No, 11 -144 with Security Paving Company, Inc. (net increase of
$330,011.36; revised not to exceed $12,592,145.79; change orders funded with Roads
Program Utility /Surcharge Fund and Traffic Development Fees), for the construction
of the Westside Parkway Phase 6B Project. (TRIP)
Bids:
(Ward 1) X.
Accept bid and approve contract with Griffith Company, ($183,542), for the
Municipal Airport Southwest Hangar Access Road.
(Ward 1,7) Y.
Accept bid and approve contract with Granite Construction Company,
($282,128.75), for the Traffic Signal and Median Modification on White Lane at South
H Street Project.
(Ward 7) Z.
Accept base bid and additive alternate No, 1 and approve contract with Granite
Construction Company, ($1,759,148) for Pavement Rehabilitation 2013 Phase 2 -
Panama Lane from South H Street to Monitor Street,
(Ward 1) aa.
Accept bid and approve contract with Security Paving Company, Inc. ($14,154,016;
100% federally funded), to construct the State Route 58 GAP Closure Project, (TRIP)
(Ward 6) bb.
Accept bid from Environmental Water Solutions, Inc, ($111,043.20), for pressure relief
valves for the Public Works Department, Wastewater Division.
(Ward 2) cc.
Recoat Community Development Building Rooftop Parking Decks:
1. Accept bid and approve contract with Angelus Waterproofing & Restoration,
Inc. ($205,005), for the project.
2. Appropriate and transfer $212,255 General Fund Balance to the Public Works
Department's Capital Improvement budget within the Capital Outlay Fund,
Miscellaneous:
dd. Appropriate $46,000 In State Grant Revenue for the Waste Tire Enforcement Grant
Program to the Community Development Services Operating budget in the General
Fund,
ee, Appointment of Voting Delegate for the 2013 League of California Cities Annual
Conference, (Stan recommends appointment of Councllmember Terry Maxwell as
delegate and Councllmember Jacqule Sullivan as alternate.)
4 City Council Meeting of 08/14/2013
8. CONSENT CALENDAR continued
(Ward 5) ff. Grant Deed (required to process a lot line adjustment requested by the property
owner) to revert surplus City right -of -way acquired for the McCutchen Road
alignment back to the original property owner, PB1 Ventures, LLC.
Staff recommends adoption of Consent Calendar Items 8a. through 8.ff.
9. SUCCESSOR AGENCY BUSINESS:
a. Receive and file successor agency payments from July 3, 2013, to August 1, 2013, in
the amount of $1,009,476.66.
Staff recommends report be received and flied.
b. Resolution approving the Amended and Restated Reimbursement Agreement
between the City and the Successor Agency to the Bakersfield Redevelopment
Agency.
Staff recommends adoption of Resolution.
C, Resolution of the City Council of the City as the governing body of the Successor
Agency to the Redevelopment Agency, approving the Amended and Restated
Reimbursement Agreement between the City and the Successor Agency to the
Bakersfield Redevelopment Agency.
Staff recommends adoption of Resolution.
10. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 4) a. Public Hearing to consider Resolution approving ordering the vacation of a portion
of the public utilities easement located at 8400 Rosedale Highway. (Staff recommends
adoption of Resolution.)
b. Public Hearing to consider Resolution adopting fees for the addition of the Mill House
as a facility rental pursuant to the cost recovery program. (Staff recommends adoption
of Resolution.)
11. HEARINGS
(Ward 3') a. General Plan Amendment /Zone Change No, 13 -0136; McIntosh & Associates,
representing Kern Land Partners, LLC (property owner), has applied for a general
plan amendment and zone change on 77 acres located at the southeast corner of
Seventh Standard Road and Calloway Drive. An Appeal of the Planning
Commission's decision to recommend approval was submitted by Clayton Camp, a
neighboring property owner. (continued from 07117113 meeting)
1. Resolution adopting a Negative Declaration.
2. Resolution denying the appeal and approving the general plan amendment
changing the land use designation from SR (Suburban Residential) and ER
(Estate Residential) to LR (Low Density Residential).
3, First Reading of Ordinance denying the appeal and amending the Official
Zoning Map In Title 17 of the Municipal Code by changing the zone district
from A (Agriculture) to R -1 (One Family Dwelling).
Staff recommends adoption of Resolutions and First Reading of Ordinance.
`upon annexation
5 City Council Meeting of 08/14/2013
12. REPORTS
13. DEFERRED BUSINESS
14. NEW BUSINESS
15. COUNCIL AND MAYOR STATEMENTS
16. ADJOURNMENT
Respectfully submitted,
qv�� e"�
Alan Tandy
City Manager
08/07/13 9:54am
City Council Meeting of 08/14/2013
AGENDA HIGHLIGHTS
August 14, 2013 COUNCIL MEETING
REGULAR MEETING - 3:30 p.m.
NOTE: In accordance with the new starting time for City Council meetings that went into effect
as of 2013, a separate meeting will be called to order at 3:30 p.m., followed by Public
Statements that will encourage comments pertaining only to Closed Session matters. The
Council will recess into Closed Session and, upon conclusion of the Closed Session, any
Closed Session action will be announced and the meeting will be adjourned. At 5:15, the
Regular Meeting will be called to order to address the remainder of the agenda items.
There will be a conference with Legal Counsel regarding three matters of existing litigation and
one matter relating to the initiation of litigation.
REGULAR MEETING - 5:15 p.m.
Item Sm. Freeway Litter Program - MOU with KemCOG. The Freeway Litter Program initiated
just three months ago is off to a very positive start. At the May 1, 2013 Council meeting,
$20,000 of KernCOG funding was appropriated as part of the program funding. This item
requests Council approval of an MOU with KernCOG to provide an additional $80,000 in
funding for the period of August 1, 2013 through June 30, 2013 and approval to appropriate
the funding to the Public Works operating budget. We also wish to recognize KernCOG and
the Bakersfield Homeless Center for entering into a cooperative partnership with the City to
implement the Freeway Litter Program. It has been badly needed and is already proving to
be very successful.
0
Item Sao. SR 58 Gap Closure Project. We are pleased to bring forward the next TRIP project to
enter into the full construction phase. This project will add a third lane in each direction on SR
58, from SR 99 to Cottonwood Road, with the widening of four bridge structures and the
westbound on -ramp from H Street, including a retaining wall for the on -ramp. There were four
bids received for this project; all were acceptable. Staff recommends approval of the
construction contract award to the low bidder, Security Paving Company, in the amount of
$14,154,016.00. This project must be funded with a 20% local match; however, because of a
federal program that allows us to borrow funding from our remaining federal earmark funds,
we will be utilizing 100% federal funding for this project. We will pay back the 20% non - federal
match in the future when further construction funding is obligated from the earmark. Taking
advantage of this opportunity has provided us the ability to accelerate the SR 58 Gap Closure
Project.
Items 9b. and 9c. As part of the dissolution of redevelopment, the State Department of
Finance denied the repayment of three interagency loans between the City and the former
RDA, of approximately $2.8 million. Subsequent amendments to the State law have allowed
provisions for reinstatement of the loans, predicated on the Successor Agency's compliance
with a series of required actions, which have been met. In order to pursue the reinstatement
of the three loans, these agenda items include two separate resolutions requesting approval
of the Amended and Restated Reimbursement Agreement by 1)the City Council, and; 2) the
City Council as the Successor Agency to the RDA. Subsequent to these two approvals, the
amended reimbursement must also be approved by the Oversight Board, which is scheduled
for September 6, 2013.
Item I Ia. GPA - Request for Zone Change at the southeast corner of Seventh Standard Road
and Calloway Drive. This is a request from McIntosh & Associates, representing Kern Land
Partners, LLC, to develop 280 single family units on a 77 -acre site currently zoned to allow for
approximately 200 single family units. The proposal requires annexation into the City, and is
contiguous to the City limits on the east and west, but not the south. If the property owners to
the south do not agree to annexation, there is the potential that a County island would be
created. In addition, the City will not submit an application to LAFCO unless there is a
resolution regarding the County's reinterpretation of the master tax split agreement. On June
6, 2013, the Planning Commission recommended approval of the request. Two individuals
spoke in opposition at the hearing. Subsequently, an appeal was filed by one of the speakers,
who is also a neighboring property owner. Staff is recommending denial of the appeal and
approval of the GPA and zone change. This item was continued from the July 17, 2013
Council meeting, so the applicant could work with the appellant to address his concerns,
which have since been resolved. In addition, the applicant had questions regarding gap
road improvements south of the project along Calloway Drive, which are currently in the
County's jurisdiction. That condition has been clarified to give the developer credit for some
of the gap improvements upon construction and annexation to the area.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - August 14, 2013 Council Meeting
Page 2
ADMINISTRATIVE REPORT
# 1
MEETING DATE August 14, 2013 AGENDA SECTION: Closed Session
ITEM: 3
TO:
FROM:
DATE:
SUBJECT:
VG:Isc
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
August 7, 2013
APPROVED
DEPARTMENT HEAD 1/611'
CITY ATTORNEY le
CITY MANAGER f-S
Conference with Legal Counsel — Existing Litigation
Closed session pursuant to Government Code section 54956.9(d) (1)
• Joe R. Slaughter, et al. v. City of Bakersfield, et al.
Kern County Superior Court Case No. S- 1500 -CV- 271472 LHB
• Concerned Citizens of Bakersfield v. City of Bakersfield
Kern County Superior Court Case No. S- 1500 -CV- 279933
• City of Bakersfield v. County of Kern, et al.
Kern County Superior Court Case No. S- 1500 -CV- 279379 DRL /
Fresno County Superior Court Case No. pending
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ADMINISTRATIVE REPORT
MEETING DATE August 14, 2013 AGENDA SECTION: Closed Session
ITEM: 3. 10
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ✓a
DATE: July 24, 2013 CITY ATTORNEY yG%
CITY MANAGER
SUBJECT: Conference with Legal Counsel — Initiation of Litigation
Closed session pursuant to Government Code section 54956.9(d) (4) (one potential
case).
VG:Isc
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MEETING DATE: August 14, 2013 AGENDA SECTION: Presentations
ITEM: q,
TO: Honorable Mayor and City Council ED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: July 23, 2013 CITY ATTORNEY
CITY MANAGER 45
SUBJECT: Presentation by Mayor Hall of a Proclamation to Shell Pipeline Company LP,
representatives Jessica Neil, Public Awareness Representative, Alan Caldwell,
Communications Manager, and Matt Wade, Health and Safety Advisor, declaring August
14, 2013 as "811 Day" in the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: August 14, 2013 AGENDA SECTION: Presentations
ITEM: 4. b .
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: July 23, 2013
SUBJECT: Presentation by Mayor Hall of a
Community Service Award winner,
III Day" in the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
P D
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Proclamation to Ben Stinson, III, the 2013 John Brock
declaring the date September 5, 2013 as "Ben Stinson,
BA
ADMINISTRATIVE REPORT
9 IF
MEETING DATE: August 14, 2013 AGENDA SECTION: Appointments
ITEM: , &
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
August 5, 2013
APPROVED
DEPARTMENT HEAD T
CITY ATTORNEY
CITY MANAGER
One appointment to the Kern Mosquito and Vector Control District to complete a
term that expires December 31, 2013.
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND: There is one appointment to the Kern Mosquito and Vector Control District due
to the unexpected vacancy of the term of Morris C. Mahlmann, which expires December 31,
2013. The news release was posted April 23, 2013.
Two applications for appointment have been received from Chad Anthony Actis and Dr.
Brandon James Hawkins.
The primary objective of the Kern Mosquito and Vector Control District is the elimination of
mosquito- breeding areas by way of educational services, various control measures and
abatement procedure methods when necessary. Members are nominated and appointed by
the City Council of each respective participating City. Members shall be an elector of the City
and a resident of that portion of the City which is within the Kern Mosquito and Vector Control
District throughout their term.
The applicants have been encouraged to contact each City Councilmember regarding their
interest and qualifications. Meetings are held the second Wednesday of each month at 11:30
a.m. at the District Office, 4705 Allen Road, Bakersfield.
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8/5/2013 5:03 PM
RG.jd
A
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ADMINISTRATIVE REPORT
I
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9. Q,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
August 2, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
Approval of Minutes of the July 17, 2013, Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
A K ,p
GOFrORAr�E 31
ADMINISTRATIVE REPORT
1
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: g , )p.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 1, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file department payments from July 3, 2013 to August 1,
2013 in the amount of $32,989,195.12, Self Insurance payments from
July 3, 2013 to August 1, 2013 in the amount of $1,741,862.38,
totaling $34,731,057.50
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
August 1, 2013, 2:49PM
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MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: 7. C.
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD '
CITY ATTORNEY
DATE: July 19, 2013
CITY MANAGER
SUBJECT: Zone Change 13- 0166(Ward 5)
McIntosh & Associates, Inc., representing Castle & Cooke California, Inc. and
University Park Community Association, the property owners, has applied for a
zone change on 4.65 acres located at the southwest corner of Ming Avenue and
Gosford Road. A previously adopted Negative Declaration for PUD /ZC 06 -0332
applies to this project
1. First reading of ordinance amending the Official Zoning Map in Title 17 of the
Bakersfield Municipal Code by changing the zone district from Planned Unit
Development to Revised Planned Unit Development on 4.65 acres.
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On June 20, 2013, the Planning Commission held an advertised public hearing on this zone
change request, and recommended adoption by the City Council.
In 2006, approvals were granted for Planned Unit Development 06 -0332 consisting of 217
single - family homes on a 30.6 -acre site located at the southwest corner of Ming Avenue and
Gosford Road. A total of 97 units on the northerly half of the site were designed on individual
lots. The other 120 units on the southerly half were designed in a cluster arrangement of four
to seven units per lot sharing a common driveway.
The project has now been partially constructed under the development name of "Oxford
Cottages at University Park." A total of 50 of the "clustered" units have been built or are still
planned to be built. The developer has found that there is a preference among buyers for
the individual lot design. Therefore, they are now seeking to modify the design of the
remaining 4.65 -acre undeveloped southerly portion of the site to change from 70 "clustered"
July 24, 2013, 5:23PM
Planner PE IS.IDanalADMINSI201314UG18 -14 -0166 1.docx
ADMINISTRATIVE REPORT
units to 35 units on individual lots. In order to accomplish this, the Planned Unit Development
(PUD) zoning for this portion of the site must be revised to reflect this change. Figure 1 shows
the change in lotting configuration.
No one spoke in opposition to the project at the Planning Commission hearing.
The Revised Planned Unit Development incorporates the residential unit styles and building
setbacks incorporated in the existing Planned Unit Development.
Staff recommends first reading of the zone change.
July 24, 2013, 5:23PM
Planner PE /S:1Dana1ADMINS120131AUG18 -14 -0166 1.docx
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: T. d
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 24, 2013 CITY ATTORNEY
CITY MANAGER ^Z
SUBJECT: Resolution determining that certain Motorola radio equipment cannot be obtained
through usual bidding procedures because of the need to integrate into the
existing radio infrastructure and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $130,000.
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Police portable radios must be standardized for the safety of uniformed officers
and detectives. In addition, the City exclusively uses Motorola radio equipment City -wide to
permit City personnel to communicate over radio channels. Portable radios must be compatible
with the City's existing radio infrastructure. The City's radio systems are exclusively Motorola,
which utilizes certain proprietary tones and codes for access through various segments of the
existing radio systems. This Resolution authorizes the Finance Director to dispense with customary
bidding procedures and purchase replacement radio equipment from Motorola
Communications, Inc.
This is the second of two phases to replace outdated portable radios and to unify department
wide safety equipment.
Sufficient funds are budgeted for the radios. The funding source for the purchase of radios is the
Fleet Management Fund, which is an Internal Service Fund. Communication rental costs are
charged to user departments (in this case the Police Department) to ensure sufficient funds are
available to replace obsolete communication equipment once the equipment reaches the end
of its useful life.
wh
July 26, 2013, 9:53AM
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ADMINISTRATIVE REPORT
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM . e
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD td--"
DATE: July 19, 2013
CITY ATTORNEY 1 �
CITY MANAGER_�S
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 July 8, 2013, by the City Manager designee and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of
the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated
structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris
and waste matter 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
APN
1.
4420 Balboa Drive
171 -182 -11 $
2.
820 S. Brown Street
019- 142 -04 $
3.
1021 S. Brown Street
019 -053 -11 $
4.
801 E. Brundage Lane
168- 172 -25 $
5.
1601 El Toro Drive
011- 431 -20 $
July 23, 2013, 10:26AM/kd
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COST
300.00
724.00
1,360.00
105.00
300.00
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1
6.
3512 Hale Street
172- 052 -03
$
699.00
7.
3508 Horne Street
172- 091 -33
$
700.00
8.
3516 Horne Street
172- 091 -31
$
1,250.00
9.
4205 Monitor Street
171- 112 -02
$
300.00
10.
804 Melwood Street
170- 142 -15
$
700.00
11.
1115 E. Planz Road
172 - 123 -02
$
1,199.00
12.
1819 E. Planz Road
172- 041 -10
$
300.00
13.
3615 Shellmacher Avenue
172- 132 -09
$
1,015.00
14.
1125 Snyder Lane
011- 082 -02
$
730.00
15.
1300 Sylvia Drive
022- 102 -18
$
735.00
16.
721 S. Tulare Street
139- 203 -02
$
950.00
17.
809 Watts Drive
170 - 142 -09
$
300.00
18.
705 S. Williams Street
019- 122 -06
$
775.00
19.
1509 Wilson Road
022- 121 -07
$
650.00
20.
1201 6th Street
009- 440 -24
$
105.00
21.
707 E. 11 th Street
139- 091 -03
$
665.00
Ward 2
22.
401 Alpine Street
016- 480 -01
$
1,285.00
23.
131 Bernard Street
012- 021 -08
$
650.00
24.
227 Bernard Street
012- 310 -07
$
300.00
25.
307 E Street
008 -301 -08
$
1,150.00
26.
923 Eureka Street
017- 290 -03
$
739.00
27.
118'/2 Eye Street
010- 300 -21
$
675.00
28.
232 Jefferson Street
012- 310 -12
$
300.00
29.
819 Kentucky Street
014- 300 -07
$
1,280.00
30.
3606 L Street
120- 140 -16
$
830.00
* 31.
1205 Lake Street
015- 400 -02
$
4,810.00
32.
1426 Lake Street
015- 310 -13
$
1,300.00
33.
105 Morrison Street
020- 295 -06
$
835.00
34.
1019 Pacific Street
015- 080 -05
$
750.00
35.
2209 Palm Street
008- 182 -12
$
1,490.00
36.
1115 Robinson Street
015 - 330 -16
$
300.00
* Demolished structure
July 23, 2013, 10:26AM /kd
S: \Dana\ADMINS\2013\AUG \8 -14- Property Abatement_Demo.docx
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 3
37.
1 117 Acacia Avenue
021 - 270 -21
$
1,229.00
38.
3413 Juniper Ridge Road
438 - 051 -16
$
1,335.00
39.
Paladino Drive
531 - 012 -03
$
850.00
40.
10801 Paladino Drive
531- 012 -02
$
850.00
41.
920 Princeton Avenue
021- 320 -29
$
300.00
Ward 4
42. 11007 Lewelling Street 525 - 471 -07 $ 746.00
43. 10411 Olympia Fields Drive 500 - 233 -22 $ 774.00
Ward 5
44.
4007 Boswelllia Drive
513 -241 -05
$
695.00
45.
9401 Seager Court
392 -232 -13
$
800.00
46.
10301 Sunset Canyon Drive
394- 122 -10
$
300.00
Ward 6
47.
5025 Misty Breaks Drive
498- 253 -09
$
105.00
48.
Panama Lane
499 - 573 -01
$
105.00
49.
4212 White Lane
403- 241 -05
$
300.00
Ward 7
50.
2001 Custer Avenue
023- 122 -03
$
1,375.00
51.
1808 Faxon Avenue
372 - 131 -07
$
840.00
52.
1904 Hendricks Lane
023 - 161 -07
$
105.00
53.
4309 Jackson Ridge Avenue
514 - 492 -05
$
300.00
The owners of the above - mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above - mentioned properties.
July 23, 2013, 10:26AM/kd
S: \Dana\ADMINS\2013\AUG \8 -14- Property Abatement_Demo.docx
ADMINISTRATIVE REPORT
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.
July 23, 2013, 10:26AM/kd
S:\ Dana\ADMINS\2013\AUG \8 -14- Property Abatement_Demo.docx
f41 %�3,1
ADMINISTRATIVE REPORT
MEETING DATE August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: S f
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD
DATE July 8, 2013 CITY ATTORNEY or AL
CITY MANAGER !w
SUBJECT: A Resolution of the City Council approving the destruction of certain obsolete City records,
documents, instruments, books and papers, pursuant to the sections 34090 et seq. Of the
government code of the State of California- Finance Department.
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: This resolution authorizes the finance department to destroy obsolete records and reports
that are more than five (5) years old and have been approved for destruction by the City Attorney's office. The
records to be destroyed are listed on Exhibit A of the Resolution.
S1Admin\Records Destruction\Admin Report.doc
BA
4
� � I
ADMINISTRATIVE REPORT
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: I
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 30, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY Qom.
CITY MANAGER
A Resolution of Local Support of Regional Surface Transportation Program (RSTP)
Projects for Federal Fiscal Years 2014/2015 and 2015/2016 (Wards 1, 5, 6, 7).
RECOMMENDATION: Staff recommends approval of resolution.
BACKGROUND: The City of Bakersfield receives federal funding for pavement rehabilitation
projects through a program called Moving Ahead for Progress in the 211t Century (Map -21). In
order to qualify for federal funds, projects must be programmed in the Federal Transportation
Improvement Program (FTIP). The FTIP is a federal document which is administered by the Kern
Council of Governments (KernCOG). To start the process of placing projects onto the FTIP,
KernCOG issues a Call for Projects every two years.
KernCOG recently issued the Call for Projects for the 2014/2015 and 2015/2016 Federal Fiscal
Years. Proposed projects for these two Federal Fiscal Years include:
2014/2015: Pavement Rehabilitation Phase 1, Gosford Road from White Lane to Ming
Avenue (Ward 5)
2015/2016: Pavement Rehabilitation Phase 1, Brundage Lane from Union Avenue to Dr.
Martin Luther King Jr. Blvd (Ward 1); Pavement Rehabilitation Phase 2, Ashe Road from
Ming Avenue to Stockdale Hwy (Ward 5, 6); Pavement Rehabilitation Phase 3, Wilson Road
from Wible Road to South H Street (Ward 7)
Applications for the above referenced projects are due to KernCOG by September 4, 2013.
These applications must include a resolution adopted by the City Council which commits the City
to fund the required local match if the grant applications are successful.
The City of Bakersfield will apply for $3,811,000 for each of the two Federal Fiscal Years for a total
of $7,622,000 in federal funding. The local match requirement for each of the two Federal Fiscal
Years is $493,755 for a total local match requirement of $987,510. Historically, both gas tax
revenues and capital outlay funds have been used to fund the local match requirement. The
local match requirement is 11.47% of total project costs.
Adoption of this resolution allows the City to apply for $7.6 Million of federal funding for specific
pavement rehabilitation projects. Since these projects involve federal funding, prevailing wage
requirements will apply.
PW /Design Engineering /NSG
G:\GROUPDATIADMINRPT\2013\8 -14 \RSTP Resolution for Paving Projects.doc
T IF A
t,
ADMINISTRATIVE REPORT
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: g .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 31, 2013
APPROVED
DEPARTMENT HEAD AV
CITY ATTORNEY JtKk
D �-
CITY MANAGER /�
A Resolution of Local Support of Congestion Mitigation and Air Quality (CMAQ)
Projects for Federal Fiscal Years 2014/2015 & 2015/2016 (Various Wards).
RECOMMENDATION: Staff recommends approval of resolution.
BACKGROUND: The City of Bakersfield is eligible to apply for and receive federal funding for air
quality improvement projects through a competitive program called the Congestion Mitigation
and Air Quality Program (CMAQ), which is included in the Moving Ahead for Progress in the 2151
Century (Map -21) legislation. In order to qualify for federal funds, projects must be eligible,
chosen, and finally programmed in the Federal Transportation Improvement Program (FTIP). The
FTIP is a federal document which is administered by the Kern Council of Governments
(KernCOG). To start the process of placing projects onto the FTIP, KernCOG issues a new "Call for
Projects" every two years.
Recently, KernCOG issued the Call for Projects for the 2014/2015 and 2015/2016 Federal Fiscal
Years. Proposed projects for these two Federal Fiscal Years include:
• 2014/2015:
o Brimhall Interconnect /Synchronization: Brimhall Road from Jewetta Avenue to
Coffee Road (Ward 4)
• Rosedale Hwy Interconnect /Synchronization: Rosedale Hwy from Verdugo Lane to
Jet Way (Ward 3, 4)
• Mountain Vista Drive and Harris Road, new traffic signal and interconnect (Ward 5)
• Class 2 Bike Lanes Harris Road: Harris Road between Buena Vista Road and Gosford
Road (Ward 5)
• Class 2 Bike Lanes Harris Rd, Harris Rd between Gosford Rd and Wible Rd (Ward 6)
• Class 2 Bike Lanes and Class 3 Bike Route Sign: Various locations throughout the City
of Bakersfield (Various Wards)
• Mohawk Street Median Island Improvements: Mohawk Street between California
Avenue and Truxtun Avenue (Ward 2)
August 1, 2013, 11:14AM
PW /Design Engineering /NSG
G: \GROUPDA1IADMINRPT \2013\8- 14\RSTP Resolution for Paving Projects.doc
ADMINISTRATIVE REPORT
0 2015/2016:
• Stockdale Interconnect /Synchronization: Stockdale Hwy from Allen Road to Coffee
Road (Ward 4,5)
• Snow Road and Jewetta Avenue, new traffic signal and interconnect (Ward 3)
• Snow Road and Norris Road, new traffic signal and interconnect (Ward 3)
• Panama Lane Shoulder /Bike Lane Improvements: Panama Lane between Ashe
Road and Gosford Road (Ward 6)
• Panama Lane Shoulder /Bike Lane Improvements: Panama Lane between Gosford
Road and Old River Road (Ward 5)
• Panama Lane Shoulder /Bike Lane Improvements: Panama Lane between Old River
Road and Mountain Vista Drive (Ward 5)
Applications are due to KernCOG by September 4, 2013. These applications must include a
resolution by the City Council which commits the City to fund the required local match if the
grant applications are successful.
The City of Bakersfield will apply for $1,429,850 in 2014/2015 and $2,067,450 in 2015/2016 for a total
of $3,497,300 in federal CMAQ funds. This resolution assures KernCOG that the City will fund the
required local match for the CMAQ projects that are awarded. The local match will be $185,250
in 2014/2015 and $267,850 for 2015/2016 for a total of $453,100 if all projects are approved and
included in the FTIP. Historically, both gas tax revenues and capital outlay funds have been used
to fund the local match requirement. Projects typically funded through the CMAQ program
include traffic signals, signal interconnect /synchronization, and bike lane /route improvements.
Traffic signal interconnect /synchronization projects allow signals to communicate for better traffic
flow. It also allows for the monitoring of traffic signals from a central location.
Adoption of this resolution allows the city to apply for $3,497,300 of federal funding for specific
congestion mitigation and air quality projects. Since these projects involve federal funding,
prevailing wage requirements will apply.
August 1, 2013, 11:14AM
PW /Design Engineering /NSG
G:\ GROUPDAT \ADMINRPT\2013 \8- 14 \RSTP Resolution for Paving Projects.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9 0 if
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: July 24, 2013
APPROVED
DEPARTMENT HEAD I il
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution to add territory, Area 1 -95 (west of the northwest corner of Rosedale Hwy
and Allen Road) to the Consolidated Maintenance District and approving,
confirming, and adopting the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector. (Ward 4)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: On July 17, 2013, the Council adopted Resolution of Intention No. 1756 adding
the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of
the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of parks and /or street landscaping. The areas will be under park and /or
streetscape zones of benefit and will be assigned the appropriate tier levels when parks and /or
street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
ps
C:\ Users \glorenzi \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \153CIOUG \Res est CMD 1- 95.docx
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: g
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 24, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolutions of Intention (ROI) to add the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report for each.
1. ROI # 1758 to add Area 4 -116 (2512 Oswell Street) - Ward 3
2. ROI # 1759 to add Area 4 -117 (910 O Street) -Ward 1
RECOMMENDATION: Staff recommends adopting the Resolutions of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcels to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territories be added to the Consolidated Maintenance District at
the next City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
Ps
G: \GROUPDAT \ADMINRPT \2013 \08- 14 \ROI est CMD 4 -116 & 4- 117.docx
A
�� +coavoa,r��1
ADMINISTRATIVE REPORT
WMx I �P
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: July 23, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement between the City of Bakersfield, State of California Department of
Public Health and the U.S. Department of Housing and Urban Development for
$372,171 in Housing Opportunities for Persons with HIV /AIDS Entitlement Program
( HOPWA). (City -wide)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City originally entered into an agreement with the State of California in March 2008 to enable
them to operate the Housing Opportunities for Persons with HIV /AIDS Entitlement Program
( HOPWA) grant funds on behalf of the City for use in the Bakersfield Eligible Metropolitan
Statistical Area (EMSA). The City notified HUD in June 2013 that it would again like to enter into an
agreement with the State to administer the FY 2013 HOPWA Grant Funds for the EMSA. This is the
fifth year for this type of arrangement.
The HOPWA program was established in 1992 to address the specific needs of persons /families
living with HIV /AIDS. The HOPWA entitlement program (a method for allocating funds to eligible
cities on behalf of their metropolitan areas) makes grants to local communities, state and non-
profit organizations for projects that benefit low income persons medically diagnosed with
HIV /AIDS and their families. The City meets the HUD entitlement criteria based on its population
size and number of AIDS cases. The City's HOPWA entitlement for FY 2013 will be $372,171.
The State of California Department of Public Health will be responsible for administering the
HOPWA grant and they will be executing the agreement subsequent to Council review and
approval. The HUD Los Angeles office will be the third party to execute the agreement following
State approval. There is no direct fiscal impact to the City's financial system for approving this
agreement. Again, it is reiterated that under this arrangement the City will act only as a pass -
through agency of the grant funds to the State Department of Public Health.
S:IEDCD_Shared\Admins \City Council \City Council Admins 2013\HOPWA.doc
7/23/2013 9:34 AM
ds
aF BMRKERs
ADMINISTRATIVE REPORT
IF
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: 4. %.
TO: Honorable Mayor and City Council APPROVED
FROM: Christi Tenter, Human Resources Manager (l DEPARTMENT HEAD
DATE: July 31, 2013 CITY ATTORNEY tOnciluding e
CITY MANAGER
SUBJECT: Agreement with William Avery & Associates, Inc., (not to exceed $49,
expenses) for labor negotiation and consulting services, for July 1, 2013 t rough
June 30, 2014.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
On January 23, 2013, the City Council approved an extension to the City's agreement with
William Avery & Associates, Inc. (Avery & Associates) to continue providing labor relations
consulting services to the City through June 30- 2013. That extension continued the ongoing
relationship the City has had with Avery & Associates, which has spanned the last 27 years. Over
that time, Avery & Associates has provided the City with labor relations consulting services,
including serving as the City's labor negotiator.
During the most recent six -month term, Avery & Associates facilitated labor agreements with all
three bargaining units in support of Council goals. This was a unique situation where all units were
bargaining during the same time period, some of which are ongoing at the present time. Efforts
during this last term also brought closure to an extended period of time where the Police Safety
Unit, had not been under active agreement since 2008.
Avery & Associates has agreed to continue providing services to the City without increase to the
existing fee structure. It should be noted that the current fee structure was reduced by 10% in
2010 as a result of the downturn in the economy and the subsequent impact to the City's
finances. This extension will provide for the continuation of the City's relationship with Avery &
Associates through June 30, 2014 and will include a monthly fee for service of $3,150 and a
maximum of 12,000 in travel and lodging expenses for the term of the agreement. The total cost
of the agreement is not to exceed $49,800.
T A
ADMINISTRATIVE REPORT
MEETING DATE: August 14, 2013 AGENDA SECTION Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: July 31, 2013
SUBJECT: Freeway Litter Program (city - wide):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Memorandum of Understanding with Kern Council of Governments ($80,000.00
from August 1, 2013 through June 30, 2014) to provide continuation of funding
for freeway litter program.
2. Appropriation of $80,000.00 Other Agency Share of Project Costs to the Public
Works Department's operating budget within the Refuse Fund to provide
funding for the Freeway Litter Program.
RECOMMENDATION: Staff recommends approval of Memorandum of Understanding and
appropriation.
BACKGROUND: After only three months, the Freeway Litter Program, approved by the City
Council on May 1, 2013, has already proved to be an effective means to remove litter on our
local freeways. In fact, this recently adopted Council program has garnered positive accolades
in Governing Magazine's current issue, which included the attached article.
The Freeway Litter Program has three funding sources: local corporate sponsors, CalTrans, and
Kern Council of Governments (KernCOG). These revenue sources provide the funding source for
the agreement with the Bakersfield Homeless Center to remove litter from freeway shoulders and
ramps within city limits using routes established by the City. At the May 1 st City Council meeting,
$252,640 of Caltrans funding was appropriated for the first year of this program. Additionally
$20,000 of KernCOG funding was appropriated to provide funding through July 31, 2013. As
noted in the May 1 st administrative report, KernCOG expects to allocate $100,000 annually to
partially offset the freeway clean -up costs.
Tonight's administrative report includes a Memorandum of Understanding with KernCOG in which
KernCOG will provide the City up to $80,000 of funding for the period beginning on August 1,
2013 and ending on June 30, 2014. This $80,000 will be used to cover costs associated with the
Bakersfield Homeless Shelter agreement. Two crews from the Bakersfield Homeless Center are
currently picking up freeway litter and a third crew is being developed.
sm
July 31, 2013, 3:48PM
G: \GROUPDATIADMINRPT\2013 \08 -14 \Freeway Litter Report and Kern COG MOU - revised.doc
ADMINISTRATIVE REPORT
Staff recommends approval of the MOU and appropriation of the additional funding to the
Public Works Department's operating budget within the Refuse Fund. The City does not incur any
costs for the services provided by the Bakersfield Homeless Shelter.
sm
July 31, 2013, 3:48PM
G: \GROUPDAT\ADMINRPT\2013 \08 -14 \Freeway Litter Report and Kern COG MOU - revised.doc
A
4
° ADMINISTRATIVE REPORT
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: Q , t1.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 27, 2013
APPROVED
DEPARTMENT HEAD It /
CITY ATTORNEY
CITY MANAGER
Approval of Tract Map and Maintenance Agreement:
Final Tract Map 6390 Phase 1 and Maintenance Agreement with Shaw
Property Inc., a California corporation located south of Berkshire Road and
east of Asseri St. (Ward 7)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: The infrastructure for Tract 6390 was previously constructed, inspected and
completed with Tract 5389 Phase 3 and Tract 5762 Phase C. The developer, Shaw Property
Inc., a California corporation, is entering into a Maintenance Agreement with the City to
secure the required one year warranty period for the completed improvements for Tract 6390.
NOTE: THE MAINTENANCE AGREEMENT
IS ON FILE WITH THE CITY CLERK'S OFFICE
FOR REVIEW.
..
July 31, 2013, 12:46PM
G: \GROUPDATWDMINRPT \2013 \08- 14 \T6390 -1 Map and Maint Agr.doc
` A '
ADMINISTRATIVE REPORT
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE: July 27, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER_
SUBJECT: Approval of Tract Map and Maintenance Agreement:
Tract Map and Maintenance Agreement with J & L Gardiner, LLC, a Nevada
limited liability company south of Reina Road and west of Old Farm Road.
Tract 7109 (Ward 4)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: The infrastructure for Tract 7109 was previously constructed, inspected and
completed with Tract 6234 Phase 3 & 5. The developer, J & L Gardiner, LLC, a Nevada limited
liability company, is entering into a Maintenance Agreement with the City to secure the
required one year warranty period for the completed improvements for Tract 7109.
NOTE: MAINTENANCE AGREEMENT IS ON
FILE WITH THE CITY CLERK'S OFFICE FOR
REVIEW.
..
July 31, 2013, 12:50PM
G:\ GROUPDAT \ADMINRPT\2013 \08- 14 \T7109 -1 Map and Maint Agr.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: August 14, 2013
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Consent Calendar
ITEM: 9. o.
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 30, 2013
R VED
DEPARTMENT HEAD
CITY ATTORNEY p�
CITY MANAGER l�
Approval of Tract Map and Improvement Agreements:
Final Map, Improvement and Landscape Agreements with Meritage Homes of
California, Inc., a California corporation, located south of Berkshire Road and
west of Stine Road, Tract Map 6557 Phase 1 (Ward 6)
RECOMMENDATION: Staff recommends approval of improvement agreements.
BACKGROUND: These agreements are 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 AGREEMENTS
ARE FILED WITH CITY CLERK'S OFFICE FOR
REVIEW.
..
July 31, 2013, 10:24AM
G:\ GROUPDAT \ADMINRPT\2013 \08- 14 \T6557 -1 IM AGR MAP.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE: July 27, 2013
APPROVED
DEPARTMENT HEAD
Vik
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Parcel Map, Improvement and Landscape Agreements:
Parcel Map, Improvement and Landscape Agreements with WinCo Foods
LLC, a Delaware limited liability company, for Parcel Map 11779 located south
of Panama Lane and west of Ashe road. (Ward 6)
RECOMMENDATION: Staff recommends approval of map and agreements.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Parcel Map and WinCo Foods LLC. Such improvements include, but are not limited to streets,
sewer, walls, landscaping and storm drain on or adjacent to the property being subdivided.
NOTE: IMPROVEMENT AND LANDSCAPE
AGREEMENTS ARE ON FILE WITH THE CITY
CLERK'S OFFICE FOR REVIEW.
..
July 31, 2013, 12:21 PM
G: \GROUPDAT\ADMINRPT \2013 \08- 14 \PM11779 Map and IM AGRAOC
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: T. r
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: July 30, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 12 -124 with Crop Production Services;
extending the contract term one year, and adding $182,000 (for a total not to
exceed amount of $364,000) to continue the supply of chemicals and
insecticides /herbicides. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On September 12, 2012, Council approved the Annual Contract for the supply
of chemicals and insecticides /herbicides to Crop Production Services in the amount of
$182,000; renewable annually thereafter for four consecutive one -year periods.
If approved, Amendment No. 1 will add $182,000 for a revised not to exceed amount of
$364,000 and extend the term one year. Funds are budgeted in the Parks Department General
Fund for this contract. Approval of the amendment will allow the City to continue to meet the
demand for chemicals and insecticides /herbicides.
Purchasing Division/ch
&TURCMADMIMAmendments 13 -141AC for Chemicals, Insecticides - Herbicides, Amendment # I to Agreement 12- 124.docx
July 30, 2013
BA
ADMINISTRATIVE REPORT
10
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: S
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: August 5, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 3 to Agreement No. 10 -132 with Jim Alfter Cement Contractor;
extending the contract term one year and adding $1,350,000 (for a total not to
exceed amount of $5,409,172) to continue the supply of concrete construction.
(City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On September 22, 2010, Council approved the annual contract for cement
construction to Jim Alfter Cement Contractor in the amount of $2,209,172; renewable annually
thereafter for four (4) consecutive one -year periods. On August 17, 2011, Council approved
Amendment No. 1, extending the term one year and adding $500,000 for a revised not to
exceed amount of $2,709,172. On July 18, 2012, Council approved Amendment No. 2,
extending the term one year and adding $1,350,000 for a revised not to exceed amount of
$4,059,172.
Currently there is $800,000 remaining on this contract. Public Works Streets division will be
working on several repair and improvement projects to be completed in the 2013/2014 fiscal
year, estimated cost is $1,500,000. Increasing the contract amount $1,350,000 will provide the
additional funds needed to meet the City's demands for cement repair and improvements.
This is a prevailing wage contract and is used primarily (about 95 %) by the Streets division with
funding sources that require prevailing wage payments. Other departments may also use this
contract (Parks, Solid Waste, Wastewater, and Water Resources) for cement work as needed.
Extending the contract term one year and adding $1,350,000 will allow the Streets division and
other departmental projects to move forward in a timely manner.
If approved, Amendment No. 3 will add $1,350,000 for a revised not to exceed amount of
$5,409,172, and extend the contract term one year. Funds are budgeted in the departmental
operating and capital accounts within the Gas Tax Fund, the Federal Roads Fund, the General
Fund and various Enterprise Funds. Approval of the amendment will allow the City to continue
to meet the demands for concrete construction.
Purchasing Division/kb
SAAdminWdmin Reports\AC for Concrete Const#3 Agmt 10 -132 rev2.docx
July 30, 2013
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 1, 2013
AP OVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER kX
Design of Manor Street Bridge Retrofit at Kern River (Ward 3):
1. Amendment No. 1 to Agreement No. 12 -073 with WKE Inc. ($206,985.00;
revised not to exceed $266,885.00) for Phase 2 design services for this Project.
2. Appropriate $212,472.00 Federal Seismic Retrofit and Bridge Rehabilitation
funds to the Public Works Department's Capital Improvement Budget within
the SAFETEA -LU Fund.
RECOMMENDATION: Staff recommends approval of amendment and appropriation.
BACKGROUND: Agreement No. 12 -073, approved on June 6, 2012, awarded Phase 1 of design
services for the Manor Street Bridge Retrofit at Kern River Project. This project, in general, is to
complete a seismic retrofit design to strengthen and repair the existing bridge on Manor Street
Bridge at Kern River to sustain current seismic loadings and remediate other deficiencies,
ultimately improving the bridge's life and widening the bridge.
Estimated design costs, including environmental documentation, for the Project are $750,000.
Design work falls under the purview of Caltrans since this retrofit project is predominantly
federally funded and thus falls under Caltrans Highway Bridge Program. Design work was
phased due to the complexity of the project and funding availability. As noted in the June 6,
2012 Administrative Report, future phases of design work would be appropriated when federal
funding becomes available and Caltrans' milestones are met. Consequently, this Agreement
would have to be amended in the future to include subsequent phases of design work and
additional compensation.
Phase 1 was the first of multiple phases for design services
Caltrans authorized $60,000 for Phase 1 of which $53,118
revenues funded the local match requirement of $6,882). Ph,
work; specifically, the Consultant would recommend which
the bridge. Phase 1 work has been completed and has beer
has now approved federal funding for Phase 2 design work.
required for this Retrofit Project.
was federally funded (gas tax
ise 1 included scoping of design
option should be used to retrofit
approved by Caltrans. Caltrans
Amendment No. 1 provides for the following Phase 2 design services and compensation:
• Geotechnical investigation - $54,083
• Preliminary engineering for barrier replacement and deck widening - $17,221
August 1, 2013, 2:26PM
G: \GROUPDAT\ADMINRPT\2012 \06 -06 \Consultant Agmt for Manor Street Bridge Retrofit.doc
ADMINISTRATIVE REPORT
• Verification analysis of 1998 seismic retrofit recommendations - $75,278
• Response to Caltrans comments and final retrofit design report - $23,883
• Other direct costs incurred in the final design of project - $36,520
Phase 2 work totals $206,985. As previously noted, this Agreement would have to be amended
in the future to include subsequent phases of design work and additional compensation.
Staff recommends approval of this amendment and appropriation of the additional federal
funds approved for Phase 2. The Phase 2 local match requirement of $27,528, which is funded
by gas tax revenues, is currently budgeted. There is no General Fund impact associated with
this amendment.
GI /(TOK209)
August 1, 2013, 2:26PM
G: \GROUPDAT\ADMINRPT\2012 \06 -06 \Consultant Agmt for Manor Street Bridge Retrofit.doc
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: 4 . LA.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 31, 2013 CITY ATTORNEY
CITY MANAGER �S
SUBJECT: Mohawk Street Improvements: Rosedale Highway to Siena Lane (Wards 2, 3 &
County):
1. Utility agreement with Paramount Petroleum Corporation ($606,000.00; City to
reimburse Paramount Petroleum Corporation) for the relocation of petroleum
transmission facilities, fiber optics, gas recovery, and water injection lines.
2. Appropriate $606,000 Transportation Development Fund balance to the
Public Works Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: In order for the City to construct Mohawk Street from Rosedale Highway to
Siena Lane, Paramount Petroleum Corporation must relocate their petroleum transmission
facilities, fiber optics, gas recovery, and water injection lines. These existing facilities are
located in a private easement. Because of Paramount Petroleum Corporation's prior rights,
the City must pay for these relocations.
It is anticipated that Paramount Petroleum Corporation will relocate its facilities prior to and
during the City's construction on this street improvement project. Initial relocation costs have
been estimated at $606,000 (see attached utility agreement).
This Agreement is funded with traffic impact fees; therefore, there is no General Fund impact.
PW /DSGN /DP
8/1/2013 12:23 PM
G: \GROUPDAT\ADMINRPT\2013 \08 -14 \Paramount Petroleum Utility Agreement - Mohawk Street North.docx
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: g y
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: August 1, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY A*
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 13 -093 with Bowman Asphalt Inc.
($78,594.90; revised not to exceed $721,020.90) for the project known as Pavement
Rehabilitation 2013 Phase 3: Dr. Martin Luther King Jr. Boulevard from Wilkins Street
to E. California Avenue (Ward 1).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
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.
Due to favorable bids received for this project and an analysis of the roadway structural section,
the pavement thickness can be increased from 0.20 feet (2'/4 inches) to 0.25 feet (3 inches). This
increase in the pavement's thickness will provide additional structural strength, thereby
significantly increasing the useable life of this newly constructed roadway. The contractor has
agreed to accept $78,594.90 as compensation for the labor and materials necessary to do this
additional work.
This is the first change order to be submitted for this project. This change order will increase the
project total by $78,594.90 (which results in a 12.2% increase of the original contract amount) as
illustrated below:
• Original Contract Amount = $642,426.00
• Amended Contract Agreement after Change Orders = $721,020.90
Net Increase to date = $ 78,594.90
Sufficient funds are budgeted to fund this Change Order. Federal funds will cover 88.53%
($69,580.06) of the cost of this change order. The local match requirement of 11.47% ($9,014.84)
will be funded with gas tax revenues. Therefore, there is no General Fund impact associated with
this Change Order.
RM (Construction)
August 1, 2013, 10:42AM
G:\ GROUPDATWDMINRPT\2013 \08- 14 \CCO 1 Dr Martin Luther King Jr Blvd Pavement Rehab.doc
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: $ , 0.
TO: Honorable Mayor and City Council APPROV ED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: August 6, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos, 10, 11, 12, 14, 16, 17, 18, 19, 20, 21, 24, and 26 to
Agreement No. 11 -144 with Security Paving Company, Inc. (increase of $330,011.36;
net increase to date $170,447.09, for a revised not to exceed $12,592,145.79 -
change orders funded with Roads Program Utility /Surcharge Fund and Traffic
Development Fees -) for construction of the Westside Parkway Phase 6B Project (TRIP)
(Ward 4)
RECOMMENDATION: Staff recommends approval of Contract Change Orders,
BACKGROUND: Phase 6B of the Westside Parkway Project includes 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 three lanes in each direction, and the construction of retaining and sound walls.
Change Order No. 10 provides for adjustments to the Antietam Drystack Texture quantities to be
applied to the Allen Road Bridge. The engineer's estimate, at time of bid, showed a much smaller
quantity than required. An additional 13,050 square feet of texture is needed to complete this
item of work. This change order results in an estimated Increase of $58,072.50.
Change Order No. 11 provides for the construction of Improvements and a dedicated right turn
lane onto the Rosedale -Rio Bravo Water Storage District's (RRBWSD) office located on Allen Road
at the north end of this project. Per Agreement No. 05 -181 between the City and RRBWSD, the
City agreed to construct these Improvements as part of an exchange of land required for the
project that resulted in substantial cost savings to the project. Because of this exchange, the City
did not have to construct costly retaining walls with the construction of the Allen Road Bridge. This
change order results in an estimated Increase of $95,182.90.
Change Order No. 12 provides for the extension of a soundwall on the north end of the project.
The original soundwall was designed to end about 300 linear feet short of the point where the fill
for the overpass starts. This situation created a reduction of privacy and noise level to the
adjacent residences. This wall was extended and its height Increased (from 6' to 8') to keep the
same protection that existed prior to this project. This change order results in an estimated
increase of $60,789.62.
Lt; Tdw G: \GROUPDAT \ADMINRPT \2013 \08- 14 \Admin Rpt CCO WSP Phase 6B - REV3.docx
Change Order No. 14 provides for a decrease in the quantity of the thermoplastic striping to be
installed and an increase in the painted striping. The plans for this project were designed per the
State Department of Transportation Standards, which require thermoplastic striping. However, on
City streets where the City maintains the roads, painted striping is required, and so the
thermoplastic striping on Allen Road was replaced with painted striping. This change order results
in an estimated decrease of $16,402.68.
Change Order No. 16 provides for the relocation of about 500 linear feet of an existing 16 -inch
water line that was discovered to be in conflict while excavating for the sound wall foundation. In
order to solve this conflict, the water line needed to be relocated. This change order results in an
estimated increase of $74,000.
Change Order No. 17 provides for modifications to traffic signals, traffic signal heads, and traffic
loop detectors on Allen Road. After the traffic signals were installed per the plans, several signal
heads did not align with the final lane configurations. After consulting with the design engineer
and the City's Traffic Division, it was determined that modifications to the traffic heads and the
replacement of a traffic signal mast arm were required to provide the correct alignment. Also
included in this change order is the modification of traffic detection loops to make them
bicycle /motorcycle compliant as required by recently adopted standards. This change order
results in an estimated increase of $20,588.63.
Change Order No. 18 provides for the elimination of an illuminated overhead sign structure on the
westbound off -ramp to Allen Road. After review of the plans, staff consulted with the design
engineer who agreed that this overhead structure could be deleted. This sign structure has been
replaced by a two -post roadside sign. This change order results in an estimated decrease of
$57,704,64.
Change Order No. 19 provides for modifications to the Allen Road eastbound on -ramp light poles.
The plans show to install Type -21 poles, but the application for this ramp requires a Type -30 pole
which has a slip -on base that is safer when it receives an impact. This change order results in an
estimated increase of $15,264.28.
Change Order No. 20 provides for the addition of block walls as well as the installation of asphalt
paving at two maintenance access roads. These items of work were not included in the original
plans and are necessary to facilitate the access by City crews to areas that they will be
maintaining. This change order results in an estimated increase of $27,508.60.
Change Order No. 21 provides for additional 16 -inch cast -in drilled -hole concrete piling for the
installation of the soundwalls along Allen Road. The quantities shown at bid time were not
adequate to cover all the work necessary to complete the soundwalls. This change order results
in an estimated increase of $11,973.15.
Change Order No. 24 provides for the installation of conduits, vaults, and pads for the new service
connection points provided by PG &E. This work was originally to be performed by PG &E at the
Lt; Tdw G: \GROUPDAT \ADMINRPT \2013 \08 -14 \Adman Rpt CCO WSP Phase 6B - REV3.docx
City's cost; however, in order to expedite and better coordinate this work, the contractor
performed this work, This change order results in an estimated increase of $18,355.
Change Order No. 26 provides for the application of two coats of latex semi -gloss paint to the
steel mesh and railings on the Allen Road Bridge. The original specifications for this item of work
did not include this painting. This change is necessary to keep a consistent theme along the
Westside Parkway corridor and will help protect the steel from corrosion. This change order results
in an estimated increase of $22,384.
Staff recommends approval of Contract Change Order Nos. 10, 11, 12,14,16,17,18,19,20,21,24, and
26. Change Orders to date, including this proposed Change Order, total $170,447.09. This is a
1.37% increase over the original agreement as illustrated below:
• Original Contract Amount = $ 12,421,698.70
• Previous Change Orders = $ (159,564.27)
• Current Change Order Nos. _ $ 330,011.36
• Amended Contract Agreement after Change Orders = $ 12,592,145.79
• Net Increase to date = $ 170,447.09
There is no General Fund impact with these change orders.
Due to the voluminous amount of documentation for these change orders, supporting
documentation Is on file with the City Clerk's Office.
Lt; Tdw G: \GROUPDAT \ADMINRPT \2013 \08 -14 \Adman Rpt CCO WSP Phase 6B - REV3.docx
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: e X.
I%
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE: July 31, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p�
CITY MANAGER
SUBJECT: Accept bid and approve contract to Griffith Company ($183,542.00) for the
Bakersfield Municipal Airport Southwest Hangar Access Road (Ward 1).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: This project consists, in general, of airport site improvements, including earthwork
and grading, shoulder construction, asphalt concrete paving, and pavement markings. This
project will construct an access road to provide vehicular access to the Southwest hangars.
This project is 90% federally funded through the Federal Aviation Administration (FAA), 5% State
funded through the State of California Aid to Airports Program grant, and 5% locally funded
through aviation revenues. Because this project includes federal funding, this project is subject to
prevailing wages. The Engineer's Estimate for this construction contract was $276,000.
On July 1, 2013, a total of three bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Griffith Company
1128 Carrier Parkway Ave
Bakersfield, CA 93308 (City)
Kern Asphalt
2000 Norris Road
Bakersfield, CA 93308 (City)
Granite Construction Company
3005 James Road
Bakersfield, CA 93308 (County)
in the amount of $183,542.00
in the amount of $194,945.00
in the amount of $196,754.00
Sufficient funds are budgeted for award of this contract. There is no General Fund impact
associated with this project since the project is funded with both federal and state grants and
general aviation revenues.
Public Works / Design Engineering / DP / P3K012
G: \GROUPDAT\ADMINRPT \2013 \08 -14 \Bakersfield Mun Airport-SW Hangar Access Road.doc
August 1, 2013, 8:09AM
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 3, 2013 CITY ATTORNEY
CITY MANAGER_
SUBJECT: Accept bid and approve contract to Granite Construction Company ($282,128.75)
for the Traffic Signal and Median Modification on White Lane at So H Street project
(Wards 1 and 7).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: This project consists of upgrading an existing traffic signal and lighting system,
modifying existing medians to allow simultaneous dual left -turn lane movement from both
approaches on So H Street to White Lane, adding asphalt concrete pavement, modifying
pavement markings and striping, and reconstructing access ramps to meet current American
with Disabilities Act (ADA) requirements.
This project is 88.53% federally funded through the Congestion Mitigation and Air Quality Program
(CMAQ) and 11.47% locally funded through gas tax revenues. Because this project includes
federal funding, this project is subject to prevailing wages. The Engineer's Estimate for this
construction contract was $273,865.
On July 3, 2013, a total of three bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Granite Construction Company
3005 James Road
Bakersfield, CA 93308 (County) in the amount of $282,128.75
Griffith Company
1 128 Carrier Parkway Ave
Bakersfield, CA 93308 (City)
PTM General Engineering Services, Inc
5942 Acorn Street
Riverside, CA 92504
in the amount of $286,173.00
in the amount of $316,316.00
Sufficient funds are budgeted for award of this contract. There is no General Fund impact
associated with this project since the project is predominantly federally funded, with the local
match requirement funded by gas tax revenues.
Public Works / Design Engineering / RT
G: \GROUPDAT\ADM I N RPT\2013 \08 -14 \Wh iteHS ig n alMedianMod_T3K227.doc
July 24, 2013, 3:35PM
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: T. Z
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: August 5, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept base bid and additive alternate No. 1 and approve contract to Granite
Construction ($1,759,148.00) for Pavement Rehabilitation 2013 Phase 2: Panama
Lane from S. H Street to Monitor Street (Ward 7).
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: This project consists of rehabilitating the existing roadway pavement, and re-
striping of pavement lane lines, street markings, and bike lanes. This project is 88.53% federally
funded through the Regional Surface Transportation Program (RSTP) and 11.47% locally funded
with gas tax revenues. The Engineer's Estimate includes a Base Bid ($1,662,924.50) and an
Additive Alternate No. 1 ($125,660.50) for a total estimate of $1,788,585 for this project. Per
state law, staff shall consider only the base bid amount to determine which contractor
submitted the lowest bid for this project. The additive alternate is included in the awarded
contract only if there are sufficient funds in the project's available budget. In this case,
sufficient funds are budgeted to award both the base bid and the additive alternate.
In order to receive the RSTP funds, the City had to implement Caltrans' Disadvantaged
Business Enterprise (DBE) Program. This program ensures that disadvantaged businesses, as
defined by federal regulations, have an equal opportunity to receive and participate in this
federally funded contract. Specific contract goals are required for DBEs within a project; the
goal for this project was calculated at 23%. A bidder must either meet the DBE goal or provide
documentation that they performed adequate good faith efforts (GFE) to actively seek out
DBEs to participate in this project.
On July 17, 2013, a total of four bids were received; three of the bids are acceptable.
The apparent low bidder did not meet the DBE goal. So the City's DBE Oversight Committee
(composed of three City staff members, including the City Attorney's Office) reviewed the
apparent low bidder's GFE submittal. Per that review, the Committee deemed it inadequate.
After being notified of this decision, the apparent low bidder appealed the Oversight
Committee's decision to the City's DBE Reconsideration Committee (composed of the Public
Works Director and the Assistant Public Works Director). The Reconsideration Committee
reviewed the GFE documentation and met with the contractor. The Reconsideration
Committee also found the contractor's GFE to be inadequate.
pw /design engineering/ JAN ADR T3K206
August 5, 2013, 4:34PM
G: \GROUPDAT\ADMINRPT \2013 \08- 14 \Pvmnt Rehab 2013 Ph 2- Panama Ln rewrite.doc
ADMINISTRATIVE REPORT
As a result, the apparent second low bidder, Granite Construction, is now considered the
lowest responsive bidder. Granite met the project's DBE goal.
The three acceptable bids are as follows:
Granite Construction Company
585 West Beach Street
Watsonville, CA 95077
C.A. Rasmussen
28548 Livingston Avenue
Valencia, CA 91355
Security Paving
13170 Telfair Avenue
Sylmar, CA 91342
Base Bid $ 1,557,414.00
Additive Alternate No. 1 $ 201,734.00
Total Amount $ 1,759,148.00
Base Bid $ 1,575,028.02
Additive Alternate No. 1 $ 105,313.70
Total Amount $ 1,680,341.72
Base Bid $ 1,734,733.04
Additive Alternate No. 1 $ 186,868.15
Total Amount $ 1,921,601.19
Sufficient funds are available to award both the Base Bid and the Additive Alternate. Since this
project is funded by federal funds and gas tax revenues, there is no General Fund impact
associated with this project.
pw /design engineering/ JAN ADR T3I{206
August 5, 2013, 4:34PM
G: \GROUPDAT\ADMINRPT \2013 \08- 14 \Pvmnt Rehab 2013 Ph 2- Panama Ln rewrite.doc
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: 00. a0.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 31, 2013 CITY ATTORNEY
CITY MANAGER /GJ
SUBJECT: Accept bid and award contract to Security Paving Company, Inc.
($14,154,016.00; 100% federally funded) to construct the State Route 58 (SR -58)
GAP Closure Project (TRIP) (Ward 1)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: The SR -58 GAP Closure Project consists of adding a third lane in each direction
to SR -58, generally from SR -99 to Cottonwood Road. The Project includes the widening of four
bridge structures, the widening and metering of the westbound on -ramp from H Street, and a
retaining wall for this on -ramp.
On July 11, 2013, a total of four bids were received; all of which are acceptable. Those bids
are as follows:
Security Paving Company, Inc. in the amount of $14,154,016.00
9050 Norris Avenue
Sun Valley, California 91352
Granite Construction Company in the amount of $16,186,748.00
3005 James Road
Bakersfield, CA 93308 (County)
Griffith Company in the amount of $16,386,732.65
1128 Carrier Parkway Ave.
Bakersfield, California 93307 (County)
Teichert & Son in the amount of $17,475,622.15
PO Box 520
Fowler, CA
Staff recommends awarding the construction contract to Security Paving Company, Inc. in
the amount of $14,154,016. The Bakersfield Beltway System federal earmark is being used for
this project; this earmark will also be helping to fund the construction of the Centennial
Corridor project. This particular earmark requires a 20% non - federal match. However, the
Federal Highway Administration (FHWA) allowed the City to utilize a federal program for the
SR -58 GAP Closure Project whereby an agency may basically "borrow" the non - federal match
from the remaining earmark funds, without interest, and then pay the "loan" back in the future
when the remaining earmark funds are obligated. Therefore, this current project is 100%
federally funded; however, the City does have the obligation to pay back the "borrowed"
LAT:G: \GROUPDAT \ADMINRPT \2013 \08 -14 \GAP Closure Project Admin - REV2.docx
TADMINISTRATIVE REPORT
portion of these funds (the 20% non - federal match) in the future when further construction
funding is obligated from this earmark. There is no General Fund impact associated with the
SR -58 GAP Closure Project.
LAT: G: \GROUPDAT \ADMINRPT\2013 \08 -14 \GAP Closure Project Admin - REV2.docx
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM:,?. 66.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 2, 2013 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Accept bid from Environmental Water Solutions, Incorporated, $111,043.20 for
pressure relief valves for the Public Works Department, Wastewater Division.
(Ward 6)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Bids were solicited for the purchase of pressure relief valves. Three (3) bids
were received in response to solicitation.
Pressure relief valve systems .serve as a safety mechanism to release digester gas if there is too
much pressure. These valves will replace and upgrade old pressure relief systems in digesters
#3 and #4 at Wastewater Treatment Plant No. 3
Funds are budgeted in the Sewer Enterprise Fund to complete this purchase.
The three (3) bids received are as follows:
BIDDER AMOUNT
Environmental Water Solutions, Inc. $111,043.20
Carson, CA
B & H International $136,231.42
Bakersfield, CA
Integrated 8(a) Solutions, Inc. $167,891.35
Newport Beach, CA
Staff finds the low bid submitted by Environmental Water Solutions, Inc. to be acceptable
and recommends award of the bid in the amount of $111,043.20.
Purchasing Division/kb
&\PURCHWDMIMAdmin 13- 14\Pressure Relief Valves, August 14, 2013.docx
August 2, 2013
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: .9. = .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
August 2, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Recoat Community Development Building Rooftop Parking Decks
1. Accept bid and approve contract to Angelus Waterproofing &
Restoration, Incorporated ($205,005) for recoating Community
Development Building rooftop parking decks. (Ward 2)
2. Appropriate and transfer $215,255 General Fund Balance to the Public
Works Department's Capital Improvement Budget within the Capital
Outlay Fund.
RECOMMENDATION: Staff recommends acceptance of bid, approval of contract and
appropriation and transfer of funds.
BACKGROUND: Bids were originally solicited for this project in April 2013; an addendum
released during the bid process created misinterpretations of the scope of work involved in
the project. Those bids were rejected by Council on June 26, 2013.
Specifications were revised and bids were solicited to recoat the Community Development
Building rooftop parking decks. Five (5) bids were received in response to the second request
for bids.
This project will address the cracks in the concrete and standing water on the rooftop parking
and the top decks of the parking structure at the Community Development Building. The
years of water and moisture entering through the cracks on the rooftop parking deck has
caused the concrete deck and steel reinforcement to deteriorate in some areas.
Maintenance and patching to address leaks from the rooftop parking decks into offices below
has provided a temporary solution, however, the application of a recoating system is
necessary to restore the decks.
The five (5) bids received are as follows:
Angelus Waterproofing & Restoration, Inc. $205,005.00
Huntington Beach, CA
Kitson Contracting, Inc. $227,060.00
Pasadena, CA
Purchasing Division/kb
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August 2, 2013
ADMINISTRATIVE REPORT
Century Restoration $271,362.25
Commerce, CA
Slater Waterproofing, Inc. $415,018.00
Montclair, CA
Howard Ridley Co.
Chino, CA
$452,080.00
Funds are available from the Property Tax Administration Fee Refund which was received into
the General Fund in the previous fiscal year. An appropriation and transfer in the amount of
$215,255 from the General Fund to the Public Works Department's Capital Improvement
Budget in the Capital Outlay Fund is necessary to complete this project. The appropriation
amount provides coverage for the contract amount of $205,005 plus a 5% contingency
allowance of $10,250 to cover any potential change orders on the project. Staff finds the bid
submitted by Angelus Waterproofing & Restoration, Incorporation to be acceptable and
recommends approval.
Purchasing Division/kb
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August 2, 2013
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: .
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEADZVA
DATE: July 16, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $46,000. in State Grant Revenue for the Waste Tire Enforcement Grant
Program to the Community Development Services Operating Budget in the
General Fund.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The City has received a $46,000. grant from the California Department of Resources, Recycling
and Recovery for waste tire enforcement. The grant will offset funding for Code Enforcement
staff time directly related to the development, monitoring and implementation of a program to
educate tire dealers and auto dismantlers of their responsibilities as waste tire generators and
reduce the illegal disposal of waste tires.
The California Department of Resources, Recycling and Recovery, over the prior two and one -
half grant cycles have reimbursed the City over $149,202. through the Tire Enforcement Grant
Program. In that time, Code Enforcement staff has conducted 640 inspections of waste tire
generators and identified over 466 piles of illegally dumped tires within the City's jurisdiction.
Over 6,357 illegally- dumped tires have been abated by private property owners, Code
Enforcement, or through other CalRecycle Grant programs.
Code Enforcement has referred five cases to the District Attorney's Office for prosecution of tire
related violations of State law and participated in five Community Outreach events to educate
local businesses and the public of the regulations related to waste tire handling. Code
Enforcement staff has conducted 589 hours patrolling the City for tire related activities,
conducted 482 hours of surveillance and received over 134 hours in training from the California
Department of Resources, Recycling and Recovery.
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A
ADMINISTRATIVE REPORT
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MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar
ITEM: . e,C
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
August 7, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Appointment of Voting Delegate for the 2013 League of California Cities
Annual Conference
RECOMMENDATION:
APPROVED
Appointment of Councilmember Maxwell as the City's Voting Delegate and Councilmember Jacquie
Sullivan as the Alternate Voting Delegate.
BACKGROUND:
Each year, as a component of the City's membership in the League of California Cities, the City Council
appoints a Voting Delegate to represent the City's position on resolutions at the annual business
meeting of the League's Annual Conference. This year's annual conference will be held on September
18 — 20, 2013 in Sacramento. The annual business meeting, during which the proposed resolutions will
be considered, will be held on Friday, September 20th.
The voting appointees have traditionally been recommended for Council approval by the Legislative
and Litigation Committee. However, since the Committee did not meet in July, Committee Chair
Maxwell requested that staff forward the recommendation for the 2013 conference voting delegates
directly to the City Council for consideration and approval.
Councilmember Maxwell has indicated his willingness to serve as the City's designated voting delegate
at the 2013 conference. Councilmember Jacquie Sullivan would be the alternate delegate in the event
Councilmember Maxwell is unable to serve in that capacity.
The League has set forth two proposed resolutions to be considered at the Conference, which staff is
currently reviewing. The September 11, 2013 agenda will include an item with staffs recommendations
to support, oppose, or remain neutral on each of the proposed resolutions, as appropriate.
RS -2013 League Voting Delegate
A
ADMINISTRATIVE REPORT
c
MEETING DATE: August 14, 2013 AGENDA CTION: Consent Calendar
ITEM: 8.
TO: Honorable Mayor and City Council AP ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 31, 2013 CITY ATTORNEY
CITY MANAGER )es
SUBJECT: Grant Deed (required to process a lot line adjustment requested by the property
owner) to revert surplus City right -of -way acquired for the McCutchen Road
alignment back to the original property owner, PB1 Ventures, LLC. Note: the title
company has also included other procedural modifications, as noted in the
background section of this Administrative Report, to this grant deed in order to
provide clear title to Lot 1 as identified on Exhibit B of the attached grant deed.
(Ward 5).
RECOMMENDATION: Staff recommends approval of grant deed.
BACKGROUND: PB1 Ventures, LLC deeded over property to the City for the McCutchen Road
proposed alignment. The actual alignment of McCutchen Road did not require use of the entire
property deeded to the City. PB1 Ventures, LLC and PB3 Ventures, LLC have filed an application
with the City for Lot Line Adjustment 12 -0160, which includes this unused portion of right -of -way,
since the property owners desire to change property lines of their existing parcel. However, per
the Subdivision Map Act, LLA changes require new deeds which must be formally recorded.
The attached grant deed, prepared by the title company retained by the property owners and
reviewed by City staff, reverts the unused portion of the right -of -way originally deeded to the
City for the McCutchen Road alignment back to the property owner (PB1 Ventures, LLC).
Additionally, Lot 1 is currently owned by three entities - PB1 Ventures, LLC, PB3 Ventures, LLC, and
the City of Bakersfield. This grant deed conveys title to Lot 1 solely to PB1 Ventures.
Although the grant deed states that "For a Valuable Consideration ", no monetary consideration
was involved with this grant deed.
bw
July 31, 2013, 1:30PM
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ADMINISTRATIVE REPORT
c IF •
MEETING DATE: August 14, 2013 AGENDA SECTION: Successor Agency
ITEM: 1q. a„
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
August 1, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Receive and file successor agency payments from July 3, 2013 to
August 1, 2013 in the amount of $1,009,476.66
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G\ADMIN SA \COUNCIL - ADMIN- SA- 2014\ADMIN -SA 08- 14- 13.doc 1
MEETING DATE: August 14, 2013 AGENDA SECTION: Successor Agency
ITEM: q
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: August 6, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY pp
CITY MANAGER �C.S
SUBJECT: A Resolution of the City Council of the City of Bakersfield approving the Amended
and Restated Reimbursement Agreement between the City of Bakersfield and the
Successor Agency to the Bakersfield Redevelopment Agency
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND: As you may recall, as part of the dissolution of Redevelopment the State
Department of Finance denied the repayment of three interagency loans made between the
City and the former Redevelopment Agency totaling approximately $2.8 million. Subsequent
amendments to the State law allowed for the provision for reinstatement of the interagency
loans if the Successor Agency complied with a series of required actions.
The City acting as Successor Agency has now complied with all the requirements of the
Department of Finance in order to pursue reinstatement of the interagency loans. The action
before you this evening is a Resolution to approve the amended and re- stated loan
reimbursement agreements, which will then allow the City to request repayment of $2.8 million
that would have otherwise been written off as a loss to the City.
A separate but related item also appearing on this agenda is the corresponding Successor
Agency Resolution approving the amended and re- stated loan reimbursement agreement.
The two parties to the agreement are the City and the Successor Agency. Both parties have to
agree to the amended reimbursement agreement, so it is necessary for each party to adopt
their own Resolution. If approved, this item will be forwarded to the Oversight Board for their
consideration at their September 6, 2013 scheduled meeting. Additional background
information regarding the original loan actions is provided below for your information.
Loan Details:
On September 23, 2009, the CITY and the Former RDA entered into a Reimbursement
Agreement ( "2009 Reimbursement Agreement ") whereby the CITY agreed to loan the
Former RDA funds to be used for the purpose of providing assistance for the 19th Street
Senior Housing project and the Mill Creek Courtyard project, and the Former RDA agreed to
repay the CITY over time from available tax increment revenues.
The 2009 Reimbursement Agreement involved two loans: 1) a 7 year $2,000,000 loan at 5%
interest from the City Equipment Fund to provide construction and development assistance
of affordable housing for the 19th Street Senior Plaza Apartments in the Mill Creek Project.
The current principal balance of the loan is $1,342,959; and, 2) a 7 year $1,500,000 loan at
5% interest from the City Self Insurance Fund to provide construction assistance to the
Courtyard Apartments located on S Street in South Mill Creek. The current principal
balance of the loan is $1,122,121. Both projects are an integral part of the Mill Creek Plan
and the housing units being created were components for calculation in the amount of the
financial award for the Propl C Infrastructure Grant for $10.8 million dollars. Both projects
have not begun construction as the current owners are in the process of obtaining
financing for their projects.
2. On August 11, 2010, the CITY and the Former RDA entered into a Loan Reimbursement
Agreement ( "2010 Loan Reimbursement Agreement ") whereby the CITY agreed to loan the
Former RDA funds to be used for the purpose of purchasing a 1.95 acre strip of land and
easement from the CITY in order to facilitate the development of property for the Chelsea
Housing Project and Southeast Mill Creek commercial project, and the Former RDA agreed
to repay the CITY over time from available tax increment revenues.
The 2010 Loan Reimbursement Agreement consisted of a 5 year loan in the amount of
$950,000 at 3% interest from the City Equipment Fund previously used by the Bakersfield
Redevelopment Agency to purchase a 1.95 acre strip of land from the City required for the
construction of the Chelsea Family Apartments located on 14th and S Streets in South Mill
Creek. The current principal balance of the loan is $760,000. The project is complete and
100% occupied.
Both the 2009 Reimbursement Agreement and the 2010 Loan Reimbursement Agreement
(collectively "Reimbursement Agreements ") were necessary because the redevelopment
project areas did not generate sufficient property tax increment to undertake necessary
redevelopment activities and improvements, and so the City loaned funds from the
Equipment and Self Insurance Funds to the Former RDA to cover the cash shortfalls.
Prior to the Amended and Restated Reimbursement Agreement being placed on the ROPS,
and subsequent to the adoption of the attached resolution, the Oversight Board must make a
similar finding that the Agreement expenditures were for legitimate redevelopment purposes
and a finding that the Agreement is an Enforceable Obligation. These items will be brought
before the Oversight Board prior to the Board approving the next ROPS, scheduled for
September 6, 2013.
Attached is the new reimbursement agreement between the Successor Agency and the City
that re -state the loans above with the rate and current amounts that are due.
JHR:vl
Attachments:
1. Resolution
2. Amended and Restated Reimbursement Agreement
S: \C0UNCIL \ Admins\13 -14 Admins\ SuccAgency- ReimbAgr- City.Admin8- 14- 13.docx
F A
r ADMINISTRATIVE REPORT
U O
MEETING DATE: August 14, 2013 AGENDA SECTION: Successor Agency
ITEM: q. C
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: August 6, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of the City Council of the City of Bakersfield as the governing body of
the Successor Agency to the Bakersfield Redevelopment Agency, approving the
Amended and Restated Reimbursement Agreement between the City of
Bakersfield and the Successor Agency to the Bakersfield Redevelopment Agency
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND: As you may recall, as part of the dissolution of Redevelopment the State
Department of Finance denied the repayment of three interagency loans made between the
City and the former Redevelopment Agency totaling approximately $2.8 million. Subsequent
amendments to the State law allowed for the provision for reinstatement of the interagency
loans if the Successor Agency complied with a series of required actions.
The City acting as Successor Agency has now complied with all the requirements of the
Department of Finance in order to pursue reinstatement of the interagency loans. The action
before you this evening is a Resolution to approve the amended and re- stated loan
reimbursement agreements, which will then allow the City to request repayment of $2.8 million
that would have otherwise been written off as a loss to the City.
A separate but related item also appearing on this agenda is the corresponding City Resolution
approving the amended and re- stated loan reimbursement agreement. The two parties to the
agreement are the City and the Successor Agency. Both parties have to agree to the
amended reimbursement agreement, so it is necessary for each party to adopt their own
Resolution. If approved, this item will be forwarded to the Oversight Board for their
consideration at their September 6, 2013 scheduled meeting. Additional background
information regarding the original loan actions is provided below for your information.
Loan Details:
On September 23, 2009, the CITY and the Former RDA entered into a Reimbursement
Agreement ( "2009 Reimbursement Agreement ") whereby the CITY agreed to loan the
Former RDA funds to be used for the purpose of providing assistance for the 19th Street
Senior Housing project and the Mill Creek Courtyard project, and the Former RDA agreed to
repay the CITY over time from available tax increment revenues.
A
4
ADMINISTRATIVE REPORT
U p
The 2009 Reimbursement Agreement involved two loans: 1) a 7 year $2,000,000 loan at 5%
interest from the City Equipment Fund to provide construction and development assistance
of affordable housing for the 19th Street Senior Plaza Apartments in the Mill Creek Project.
The current principal balance of the loan is $1,342,959; and, 2) a 7 year $1,500,000 loan at
5% interest from the City Self Insurance Fund to provide construction assistance to the
Courtyard Apartments located on S Street in South Mill Creek. The current principal
balance of the loan is $1,122,121. Both projects are an integral part of the Mill Creek Plan
and the housing units being created were components for calculation in the amount of the
financial award for the Propl C Infrastructure Grant for $10.8 million dollars. Both projects
have not begun construction as the current owners are in the process of obtaining
financing for their projects.
2. On August 11, 2010, the CITY and the Former RDA entered into a Loan Reimbursement
Agreement ( "2010 Loan Reimbursement Agreement ") whereby the CITY agreed to loan the
Former RDA funds to be used for the purpose of purchasing a 1.95 acre strip of land and
easement from the CITY in order to facilitate the development of property for the Chelsea
Housing Project and Southeast Mill Creek commercial project, and the Former RDA agreed
to repay the CITY over time from available tax increment revenues.
The 2010 Loan Reimbursement Agreement consisted of a 5 year loan in the amount of
$950,000 at 3% interest from the City Equipment Fund previously used by the Bakersfield
Redevelopment Agency to purchase a 1.95 acre strip of land from the City required for the
construction of the Chelsea Family Apartments located on 14th and S Streets in South Mill
Creek. The current principal balance of the loan is $760,000. The project is complete and
100% occupied.
Both the 2009 Reimbursement Agreement and the 2010 Loan Reimbursement Agreement
(collectively "Reimbursement Agreements ") were necessary because the redevelopment
project areas did not generate sufficient property tax increment to undertake necessary
redevelopment activities and improvements, and so the City loaned funds from the
Equipment and Self Insurance Funds to the Former RDA to cover the cash shortfalls.
Prior to the Amended and Restated Reimbursement Agreement being placed on the ROPS,
and subsequent to the adoption of the attached resolution, the Oversight Board must make a
similar finding that the Agreement expenditures were for legitimate redevelopment purposes
and a finding that the Agreement is an Enforceable Obligation. These items will be brought
before the Oversight Board prior to the Board approving the next ROPS, scheduled for
September 6, 2013.
Attached is the new reimbursement agreement between the Successor Agency and the City
that re -state the loans above with the rate and current amounts that are due.
JHR:vl
Attachments:
1. Resolution
2. Amended and Restated Reimbursement Agreement
S: \COUNCIL \Admins\ 13 -14 Admins\ SuccAgency- ReimbAgr.Admin8- 14- 13.docx
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar Hearing
ITEM: 10.0..
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE: July 29, 2013
APP ,ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: A public hearing to consider the Resolution ordering the vacation of a portion of
the public utilities easement located at 8400 Rosedale Highway. (Ward 4)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request from CEI Engineering Associates on
behalf of Walmart to vacate a portion of the public utilities easement (PUE) located at 8400
Rosedale Highway. This portion of the PUE is being vacated as a result of a building expansion on
the site.
Preliminary notices were mailed to all adjacent property owners within a minimum 300 - foot
radius of the proposed vacated area. Public Works has received no objections from these
owners as of the date of this report.
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 utility companies serving the area have been notified by mail. Public Works has received no
objections as of the date of this report.
On June 10, 2013, the Planning Department found the proposed vacation of a portion of the
public utilities easement located at 8400 Rosedale Highway 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. 1755 declaring intention to order said proposed vacation was
adopted by City Council at the regular meeting of July 17, 2013.
Notice of this public hearing has been duly advertised and posted as required by law.
/mm
G: \GROUPDAT \ADMINRPT \2013 \8 -14 \PUE VACATION 8400 ROSEDALE HWY
BAKE
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ADMINISTRATIVE REPORT
,�v
LIFO
MEETING DATE: August 14, 2013 AGENDA SECTION: Consent Calendar Hearing
ITEM: 10. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Dianne Hoover, Recreation and Parks Director
August 6, 2013
�v
APPROVED
DEPARTMENT HEAD DC- �iI
CITY ATTORNEY A�--
CITY MANAGER
Resolution adopting fees for the addition of the Mill House as a facility rental
pursuant to the cost recovery program.
RECOMMENDATION:
Staff recommends adoption of the resolution following the public hearing.
BACKGROUND:
State law requires new fees and charges and increases in existing fees and charges to be
adopted by ordinance or resolution following a public hearing on said fees and charges.
Chapter 3.70 of the Bakersfield Municipal Code (BMC) authorizes the establishment and increase
of fees and charges by resolution for the City. In accordance with Chapter 3.70 of the BMC, the
adoption of new, revised and increased fees and charges is necessary for the City to recover the
reasonable estimated cost of providing the services for which the fees are charged.
The Department of Recreation and Parks has recently added the Mill House facility located
along the Mill Creek to its list of reservable facilities. A fee does not currently exist for this facility. If
approved, the following fees will be added to the City's Master Fee Schedule:
New Fee: Mill House Facility Rental
Residents - $100: the proposed fee will recover the cost for staff to prepare the facility for
reservations and provide minor clean -up following use.
Non - Profits - $72: the proposed fee is for non - profits to mirror the City's fee structure for other
reservable facilities.
August 6, 2013, 1:45PM
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MEETING DATE: August 14, 2013 AGENDA SECTION: Hearings
ITEM: .0..
APPROVED
TO: Honorable Mayor and City Council
DEPARTMENT HEAD
FROM: Douglas N. Mclsaac, Community Development Director CITY ATTORNEY
DATE: July 23, 2013 CITY MANAGER
SUBJECT: General Plan Amendment /Zone Change 13 -0136 (Ward 3 upon Annexation)
McIntosh & Associates, representing Kern Land Partners, LLC, the property owner,
has applied for a general plan amendment and zone change on 77 acres
located at the southeast corner of Seventh Standard Road and Calloway Drive.
An appeal of the Planning Commission's decision to recommend approval was
submitted by Clayton Camp, a neighboring property owner.
Resolution adopting a Negative Declaration.
2. Resolution denying the appeal and approving the general plan
amendment changing the land use designation from SR (Suburban
Residential) and ER (Estate Residential) to LR (Low Density Residential) on 77
acres.
3. First reading of ordinance denying the appeal and amending the Official
Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the
zone district from A (Agriculture) to R -1 (One Family Dwelling) on 77 acres.
RECOMMENDATION:
Staff recommends adoption of resolutions and first reading of the ordinance.
BACKGROUND:
The public hearing for this project was opened at the City Council meeting of July 17, 2013 and
continued to August 14, 2013. Staff recommended the continuance so the applicant could
continue to work with the appellant, Mr. Clayton Camp, to. address his concerns. In addition,
the applicant questioned a condition requiring gap road improvements south of the project
along the east side of Calloway Drive, which are off -site and currently located in the County's
jurisdiction. This condition has been revised to clarify giving the developer credit for some of the
gap improvements upon construction and annexation of the area.
The proposal would allow for the development of approximately 280 single - family dwellings on
the 77 -acre project site. The existing Estate and Suburban general plan land use designations
allow for approximately 200 single - family units. The proposal requires annexation of the site into
the City of Bakersfield. The current city limits are contiguous to the project site on the east and
ADMINISTRATIVE REPORT
Page 2
west side, however, not to the south. Unless there is agreement among property owners to the
south to also annex into the City, there is the potential that a County island may be created. It
should be noted that the City will not submit an application for annexation to LAFCo until a
resolution is reached in the current dispute with Kern County regarding the County's re-
interpretation of the master tax split agreement.
The project site is relatively flat and includes two houses and agricultural land. Existing
developments surrounding the project site include ranch -style residences to the north and
south, single - family residential to the southwest and agricultural areas which are planned for
residential development to the southeast. Planned commercial uses are located both directly
east and west of the project site. There is also additional commercial use at the intersection of
Coffee Road and Seventh Standard Road, which is known as the Saco Ranch project.
At the time development occurs, the property will be under the City's policy for "Complete
Streets," which requires that all transportation facilities for bicyclists, pedestrians, transit and
motorists be considered. In addition, under standards jointly adopted by the City of Bakersfield,
the County of Kern and the City of Shafter, Seventh Standard Road will be developed with a 30-
foot landscaped parkway behind the standard sidewalks.
As an Expressway, no direct access will be allowed to Seventh Standard Road from the project
site; however, both Calloway Drive and Quail Creek Road (east end of the site) will be
signalized intersections when fully developed. Primary vehicle, bicycle and pedestrian access
to the site will be via Calloway Drive (Arterial) on the west and Quail Creek Road (Collector) on
the east side of the project site. All sidewalks and pedestrian access throughout the
development will be required in accordance with City standards. There are currently no GET
bus routes that run along the project site. In northwest Bakersfield, current GET bus routes do not
travel north of Olive Drive.
The City's Bikeway Master Plan identifies Seventh Standard Road as a Class 3 facility (bike route
with posted signs, no marked lanes). Along the project site, bike lanes or routes do not exist on
Calloway Drive. According to the City's Bikeway Master Plan, Calloway Drive is planned for
Class 2 bike lanes to the south, starting at Snow Road. The Traffic Engineer will evaluate if bike
lane striping should be installed or delayed if its installation will compromise public safety (e.g.
short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the
likelihood of accidents).
Both the existing and proposed land uses allows for the development of single - family residential
homes. However, the proposed project increases the density to what is more typical of City
development. The increased residential density is compatible with the surrounding urban
commercial and residential uses. The Metropolitan Bakersfield General Plan encourages the
intensification of land use that maintains continuity of existing development. The proposal
would support the planned commercial uses along Seventh Standard Road at the Calloway
Drive and Coffee Road intersections.
The higher density residential will also act as a buffer to separate Seventh Standard Road from
the rural and estate uses to the south of the project site. The area along the south side of the
project site is developed with larger rural and estate single - family lots of two and one half (2' /z)
acres. Staff originally recommended a condition that the lots which abut the large lots be a
ADMINISTRATIVE REPORT
Page 3
minimum of 10,000 square feet for a more compatible transition to increased densities further
north on the project site. At the Planning Commission hearing, the minimum lot size along the
southern boundary of the project site was increased to 18,000 square feet because of concerns
raised by neighbors not wanting city -sized lots backing up to their larger rural properties. The
applicant agreed to this modified condition.
To assist the Commission with considering requiring the larger lots along the south boundary of
the project site, examples were given by Staff where larger lot sizes were required to act as a
buffer between more rural and urban development or for neighborhood compatibility. There is
a 10,000- square foot lot minimum on the south side of Snow Road between Allen Road and Old
Farm Road that was added by City Council to a general plan amendment in 2001 because of
similar concerns raised by neighbors to preserve the rural character of the neighborhood. Lot
size minimums were also increased that range from 14,000 square feet to 18,000 square feet in
the area north of Brimhall Road and east of Old Farm Road.
Increasing urban and higher density uses make sense along Seventh Standard Road which
serves as a major transportation corridor and entrance into the City of Bakersfield. The General
Plan encourages higher housing densities along transportation corridors to help reduce vehicle
trips if adjacent to other commercial and potential employment areas.
The Planning Commission conducted a public hearing on this General Plan Amendment and
Zone Change on June 6, 2013, and recommended approval to the City Council. Commissioners
Lomas, Batey, Dodgin and Strong voted for approval, Commissioners Kirschenmann and Wade
voted "no" and Commissioner Tkac was absent. Two individuals present at the hearing
opposed the request, Mr. Clayton Camp and Mr. Stewart Fleeman. Both individuals were
concerned about the increase in density and stated it did not fit in with the rural character of
the neighborhood. They requested keeping the existing one -acre lot minimum under the
current zoning adjacent to their neighborhood.
The Commission questioned staff about leaving a gap of unimproved road on Calloway Drive
south of the project site, but no condition was added due to the concern that the
improvements would remain outside the City's jurisdiction. However, after reviewing previously
approved General Plan amendments with the same issue and finding that the City Council has
required similar gap improvements, Staff is recommending adding a condition that requires the
developer to complete road improvements for the east side of Calloway Drive between the
south boundary of the GPA /ZC area and Etchart Road (adjacent to Tract 5222) to Arterial
standards. The condition also states that once this right -of -way is annexed into the City, the
developer will be given credit for constructing the three northbound lanes toward the Traffic
Impact Fee for both the Calloway Drive and the gap improvement project line items on the
Regional Transportation Facilities List. The Developer must also enter into a reimbursement
agreement with the City for median island improvements, but will be responsible for all costs
associated to the relocation of the utility lines within this area.
An appeal of the General Plan Amendment and Zone Change was filed with the City Clerk on
June 17, 2013 by Mr. Clayton Camp. Mr. Camp is against allowing 18,000- square foot lots along
the property line to the south of the project, which would abut his and the other two and one
half (2'/2) acre lots. Mr. Camp wants to keep the semi -rural atmosphere of the neighborhood
ADMINISTRATIVE REPORT
Page 4
by requiring one -acre lots adjacent to his subdivision, then one -half (' /z) acre lots across the
street, and then allow the smaller city -sized lots north to Seventh Standard Road.
As a result of the public hearing continuance, the applicant has worked with Mr. Camp to
address his concerns by agreeing to conditions requiring all lots abutting his neighborhood to
have a minimum area of 22,000 square feet and a minimum depth of 150 feet (Conditions 19
and 20, respectively), and prohibit any drainage basin within 150 feet from the south boundary
of the project area (Condition 21). Additionally, the applicant agreed to record a covenant
restricting buildings to a single story on any lot abutting Mr. Camp's neighborhood (Note: This is
a private covenant between the two parties that was not added as a condition since the
existing and proposed zoning currently allows two -story homes).
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on May 6, 2013, in accordance with CEQA.
CG: S: \GPAs \GPA 3rd 2013 \13 - 0136 \Admin SR \GPA -ZC Approval 1st Reading Aug 14.docx
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 17, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Rivera, Maxwell, Smith,
Hanson, Sullivan (seated at 3:50 p.m.),
Johnson
Absent: None.
Mayor Hall announced that Hearing Item 10.b., appeal of
the Planning Commission decision on the GPA /ZC at the
corner of River Run and Elkhorn Creek, has been pulled due
to the receipt of a letter today from the Appellant
withdrawing its appeal, and that there will not be a Public
Hearing on this item.
2. PUBLIC STATEMENTS
a. Liz Keogh and Carol Lair spoke regarding the
City Animal Shelter Agreement with the County
of Kern.
3. WORKSHOPS
a. Update regarding City Animal Shelter
Agreement with County of Kern.
City Clerk Gafford announced that an e -mail
correspondence from Marilyn Stewart was received
and has been provided to staff and Council.
Assistant to the City Manager Teglia made staff
comments, provided a PowerPoint presentation, and
requested guidance from the City Council with
respect to any future negotiations with the County.
ACTION TAKEN
3.
E!
5.
6.
Bakersfield, California, July 17, 2013 - Page 2
WORKSHOPS continued ACTION TAKEN
Motion by Vice -Mayor Weir for the City Manager to APPROVED
immediately begin every effort necessary to assure
the quality care and sheltering of City animals
effective October 1, 2013.
Councllmember Rivera advised he would like to see a
presentation to the City Council regarding the voucher
project before It Is Implemented.
CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code Section 54956.9
(d) (2),(e) (1). (two matters)
Motion by Vice -Mayor Weir to adjourn to Closed APPROVED
Session at 4:40 p.m.
Motion by Councllmember Maxwell to adjourn from APPROVED
Closed Session at 5:07 p.m.
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Potential MATTER ONE- STAFF
Litigation; Closed Session pursuant to WAS GIVEN
Government Code Section 54956.9 DIRECTION
(d) (2),(e) (1). (two matters) MATTER TWO - NO
REPORTABLE ACTION
ADJOURNMENT
Mayor Hall adjourned the meeting at 5:25 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Bakersfield, California, July 17, 2013 - Page 3
REGULAR MEETING -5:26 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Rivera, Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None.
Mayor Hall again announced that Hearing Item 10.b.,
appeal of the Planning Commission decision on the GPA /ZC
at the corner of River Run and Elkhorn Creek, has been
pulled due to the receipt of a letter today from the Appellant
withdrawing its appeal, and that there will not be a Public
Hearing on this item.
2. INVOCATION by Chaplain Kerry Bulls, Chaplain at the
Bakersfield Heart Hospital.
3. PLEDGE OF ALLEGIANCE by Ashlee Unruh, 3,d grade
student at Patriot Elementary School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a picture plaque
to Pat Daniel, Branch Manager, and Karen
Norton, Financial Consultant, honoring the
Charles Schwab company's beautification
efforts.
Representatives from Charles Schwab received
the plaque and made comments.
b. Presentation by Mayor Hall of Certificates of
Appreciation to representatives of PG &E,
McDonald's and Three -Way Chevrolet for
providing sponsorship funding to support the
cooperative effort by the City, KBB, and the
Bakersfield Homeless Center to remove litter
along freeway frontages.
Brian Eck accepted the Certificate on behalf of
Three -Way Chevrolet and made comments.
Jim Darling accepted the Certificate on behalf
of McDonald's operators of Kern County and
made comments.
ACTION TAKEN
Bakersfield, California, July 17, 2013 — Page 4
5. PUBLIC STATEMENTS ACTION TAKEN
a. Jessica Neil, with Shell Pipeline Company, spoke
regarding obtaining a National 811 Day
proclamation on August 11 th to promote the
safety message and help protect the
community environment by preventing
unauthorized excavations and utility damage.
Mayor Hall advised Ms. Neil to contact his office
for the proclamation.
b. The following individuals spoke in opposition to
the Centennial Corridor Project: Susan
Pfettscher, specifically with regard to the
Stockdale Highway exit closure; Amy
Richardson, Chairman of the Westpark
Homeowners Association; and Robert Braley
(submitted written material).
C. The following individuals spoke in opposition to
a Human Life Ordinance: Jane Prewett; Andrea
Troupin; Julia Gonzalez; Lisa Buckner; Carol Lair;
Jennifer Smith, organizer for Pro - Choice, Kern
County; Kathryn White; Dale Stewart, M.D.,
(submitted written material); Seven Bates; and
Elizabeth Gonzalez.
Mayor Hall announced that the speaking time
would be extended for an additional 15
minutes.
The following additional individuals spoke in
opposition to a Human Life Ordinance:
Amanda Moceri, a local attorney; Andrew
Kendall, a local attorney; and Camila Chavez,
Executive Director of the Dolores Huerta
Foundation; and she also extended an
invitation to the Mayor and Councilmembers to
attend a Town Hall Meeting for immigration on
Saturday, July 20, at 4:00 p.m., at the Bakersfield
Christian Church, and submitted written
material.
d. The following individuals spoke in support of a
Human Life Ordinance: Amparo Kinnsch;
Christy Horne; Dr. Alvis West, a retired professor;
Cathrine Popplewell; and Bill Lind.
Bakersfield, California, July 17, 2013 - Page 5
Mayor Hall recessed the meeting at 6:36 p.m. and
reconvened the meeting at 6:46 p.m.
6. WORKSHOPS
None.
7. APPOINTMENTS
a. One Appointment to the Board of Directors of
the Kern Economic Development Corporation
(KEDC).
Motion by Vice -Mayor Weir for the Vice -Mayor
to be the Council's representative to KEDC.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 26, 2013
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
June 14, 2013, to July 2, 2013, in the amount of
$19,120,521.37 and self- insurance payments
from June 14, 2013, to July 2, 2013, in the
amount of $348,183.33 totaling $19,468,704.70.
Ordinances:
Resolutions:
C. Resolution authorizing the sale ($1.00) of a
surplus Ford Van to the Bakersfield Homeless
Center.
d. Resolution determining that Bioxide, a
proprietary chemical for sewer odor control
and reduction of sulfide gas levels, cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding thereof for a
period of one year, not to exceed the
budgeted amount of $800,000.
e. Resolution dispensing with bidding under
Section 3.20.060 of the Municipal Code
relating to Design /Build for the Fire Station No. 8
Rehabilitation Project.
ACTION TAKEN
APPROVED
RES 087 -13
RES 088 -13
RES 089 -13
8.
Bakersfield, California, July 17, 2013 — Page 6
CONSENT CALENDAR continued
f. Resolution dispensing with bidding under
Section 3.20.060 of the Municipal Code
relating to Design /Build for the Skatepark
Project at Planz Park.
g. Resolution ratifying the submission of an
application to the U.S. Department of
Transportation Federal Aviation Administration
for funding for three specific improvement
projects at the Municipal Airport under Airport
Improvement Program Project
No. 3 -06- 0323 -017 and authorizing the City
Manager or his designee to execute all
necessary documents.
h. Resolution authorizing staff to proceed with the
filing of documents necessary to initiate the
formation of the Bakersfield Public Benefit
Corporation, a non - profit for the purpose of
financing and developing public improvement
projects for the benefit of the City and /or the
local metropolitan area and authorizing any
other documents related thereto. (TRIP)
Resolution authorizing the Police Department to
apply for the Edward Byrne Memorial Justice
Assistance Grant ($154,003) from the U.S.
Department of Justice to fund BPD overtime for
School Resource Officers and Targeted Case
Management services, in partnership with
Project 180, to assess and respond to internal
and external threats in schools and to reduce
truancy.
j. Grant Assistance Program:
1. Resolution authorizing the Police
Department to accept funding ($94,930)
made available through the Grant
Assistance Program (GAP) of the
California Department of Alcoholic
Beverage Control (ABC).
2. Appropriate $94,930 State Grant
Revenues FY2013 -14 Grant Assistance
Program (GAP) from the State Office of
Alcoholic Beverage Control (ABC) to the
General Fund Police Operating Budget.
ACTION TAKEN
RES 090 -13
RES 091 -13
REMOVED FOR
SEPARATE
CONSIDERATION
RES 093 -13
RES 094 -13
Bakersfield, California, July 17, 2013 — Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
k. Resolutions adding the following territories to
the Consolidated Maintenance District and
approving, confirming, and adopting the Public
Works Director's Reports and authorizing
collection of assessments by the Kern County
Tax Collector.
1. Area 3 -89 (north of NWC of Harris Road
and Buena Vista Road)
2. Area 4 -115 (422 Oak Street)
I. Resolution of Intention No. 1755 ordering the
vacation of the public utilities easement
located at 8400 Rosedale Highway.
M. Resolution of Intention No. 1756 to add territory,
Area 1 -95 (west of the NW corner of Rosedale
Highway (SR58) and Allen Road), to the
Consolidated Maintenance District and
preliminarily approving, confirming, and
adopting the Public Works Director's Report.
n. Amended and restated Resolution declaring its
intention to establish the City 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:
o. Agreement with the Kern High School District
($199,575), for lease property at 1417 H Street
for storage purposes for a three year period.
P. Consent to Common Use Agreement with North
Kern Water Storage District for areas where
Mohawk Street crosses over the Calloway
Canal.
q. Pipeline License Agreement with Equilon
Enterprises LLC, dba Shell Oil Products US, (one-
time license fee payment of $30,000 to the
City), for oil and gas pipelines under various
City -owned properties.
C41111021-fl1R7
RES 096 -13
ROI 1755
ROI 1756
G %If�fl
AGR 13 -104
AGR 13 -105
AGR 13 -106
8.
Bakersfield, California, July 17, 2013 — Page 8
CONSENT CALENDAR continued
r. Design Consultant Agreement with Baskin
Mechanical Engineers Inc., ($52,500), to provide
design and engineering services for the
replacement of the heating, ventilation and air
conditioning (HVAC) system at the Community
Development Building, located at 1715 Chester
Avenue.
Final Map, Improvement and Landscape
Agreements with Mira Logo, L.P., for Tract 6167
Phase 2 located east of Old River Road and
north of Harris Road.
t. Improvement Agreement with D. R. Horton VEN,
Inc., DBA D.R. Horton America's Builder, for
Tract 6448 Phase 6 located south of Stockdale
Highway and west of Renfro Road.
U. Final Map, Improvement and Landscape
Agreements with Lennar Fresno, Inc., for
Tract 6453 Phase 2 located at the southwest
intersection of Reino Road and Allen Road.
V. Final Map, Improvement and Landscape
Agreements with Lennar Fresno, Inc., for
Tract 6757 Phase 1 located south of McKee
Road and west of Mountain Ridge Drive.
W. Final Map and Landscape Agreement with
Bolthouse Development Company, LLC, for
Parcel Map 11960 Phase 1 located north of
Bolthouse Drive and west of Buena Vista Road.
X. Mohawk Street Improvements - Rosedale
Highway to Siena Lane:
Utility Agreement with Pacific Gas and
Electric Company ($238,526.33), for the
relocation of poles and overhead
electrical facilities.
2. Appropriate $240,000 Transportation
Development Fund balance to the
Public Works Department's Capital
Improvement Budget.
ACTION TAKEN
AGR 13 -107
AGR 13 -108
AGR 13 -109
ABS SMITH
AGR 13 -110
AGR 13 -111
AGR 13 -112
ABS SMITH
AGR 13 -113
AGR 13 -114
AGR 13 -115
ABS SMITH
AGR 13 -116
AGR 13 -117
Bakersfield, California, July 17, 2013 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
Y. Amendment No. 1 to Utility Agreement
No. 1 1 -080 with Pacific Gas & Electric
($39,083.22; revised not to exceed $68,543.22),
for relocating one pole along the Masterson
Street alignment.
I Amendment No. 1 to Agreement No. 09 -090
with H & H Engineering Construction, Inc. (no
change in compensation), to extend the term
of the agreement from July 31, 2013 to
December 31, 2013.
aa. Amendment No. 6 to Agreement No. 08 -179
with Sungard Public Sector, Inc. ($171,755.47),
for service support of Licensed Software.
bb, Amendment No. 4 to Agreement No. 09 -087
with CompuCom Systems, Inc. ($215,385.20), to
provide Microsoft Licenses for 1,029 computers.
cc. Amendment No. 2 to Agreement No. 11 -099
with Vulcan Materials Company ($6,000,000;
revised not to exceed $18,000,000 and extend
term one year), for supply of street materials.
dd. Amendment No. 2 to Agreement No. 11-093
with Badger Meter, Inc. (extend term one year),
to continue the supply of water meters.
ee. Amendment No. 3 to Agreement No. 10 -144
with Ennis Paint, Inc. ($150,000; revised not to
exceed $498,221.31 and extend term one
year), for supply of traffic paint.
ff. Amendment No. 4 to Agreement No. 10-107
with Kern Sprinkler Landscaping, Inc. ($300,000;
revised not to exceed $894,648.25 and extend
term one year), to continue the supply of
landscape and irrigation services.
gg. Contract Change Order Nos. 50, 51, 63, 107,
113, 115, 117, 120, 122, 124, 126, 127, 130, 132,
138, 139, 140, 141, 144, 146, 147, 148, 150, 152,
154, 155 and 157 to Agreement No. 09 -076 with
Security Paving Company, Inc. (net increase of
$316,510; revised not to exceed $93,402,539.52;
change orders funded with Roads Program
Utility /Surcharge Fund) for the construction of
the Westside Parkway Phase 2 Project. (TRIP)
AGR I1- 080(1)
AGR 09- 090(1)
AGR 08- 179(6)
AGR 09- 087(4)
AGR I1- 099(2)
AGR 11- 093(2)
AGR 10- 144(3)
AGR 10- 107(4)
AGR 09 -076
CC050, CC051, CC063,
CCO107, CCO113, CCO115,
CCO117, CCO120, CCO122,
CCO124, CCO126, CCO127,
CCO130, CCO132, CCO138,
CCO139, CCO140, CCO141,
CCO144, CCO146, CCO147,
CCO148, CC0150, CCO152,
CCO154, CCO155, CCO157
Bakersfield, California, July 17, 2013 —Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
hh. Contract Change Order No. 3 to Agreement
No. 13 -019 with Pacific Coast Excavation
($23,850.15; revised not to exceed $200,370.21),
for storm drain improvements within Tract 5084
( Calle Alisos, Calle Elegante & Las Entradas).
ii. Contract Change Order No. 1 to Agreement
No. 12 -150 with Loop Electric, Inc.
($13,458.02; revised not to exceed $165,733.02)
for the project known as Traffic Signal
Interconnect Part 10, along White Lane
between Gosford Road and Ashe Road.
Bids:
State Route 178 and Morning Drive Interchange
Project: (TRIP)
1. Accept low bid and approve contract
with Granite Construction Company, Inc.
($25,452,051.50; 88.53% federally funded
- $22,532,701.19 and 11.47% locally
funded - $2,919,350.31), to construct
project.
2. Reimbursement Agreement with East
Niles Community Services District (not to
exceed $642,928, funded by District), for
the installation of a waterline, as part of
the project.
3. Amendment No. 1 to Agreement
No. 11 -088 with TYLin International
($350,000; revised not to exceed
$3,900,000; Amendment 88.53% federally
funded - $309,855 and 11.47% locally
funded - $40,145), for design support
services during construction.
4. Consultant Agreement with Mendoza
and Associates (not to exceed
$3,286,435.74; 88.53% federally funded -
$2,909,481.56 and 11.47% locally funded
- $376,954.18), for construction
management services.
AGR 13 -019
CC03
AGR 12 -150
CC01
AGR 13 -118
AGR 13 -119
AGR 11- 088(1)
AGR 13 -121
8.
Bakersfield, California, July 17, 2013 — Page 11
CONSENT CALENDAR continued
kk. Accept bid and approve contract with Cen-
Cal Construction ($107,938.75), for street
improvements: Coffee Road at Goesling
Avenue.
II. Accept bid and approve contract with Security
Paving Company, ($1,713,230.92), for
Pavement Rehabilitation 2013 Phase 1 - Beale
Avenue from Monterey Street to Pearl Street.
mm. Reject all bids for the Mill Creek Linear Park
Sister City Gardens Phase B -Theme Gardens.
nn. Accept bid and approve contract with Kern
Steel Fabrication, Inc. ($120,411.83), for Sister
City Gardens Phase B- Fabrication of India
Gazebo, Seating Trellis and Garden Plaques.
oo. Accept bid and approve contract to Rudnick
Fence Company ($95,675), for Sister City
Gardens Phase B- Rolling Gate.
pp. Accept bid and approve contract with Gail
Gray & Associates ($88,135), to install and
configure CaseWare software for CAFR and
Budget reporting.
Miscellaneous:
qq. Appropriate $147,790 State Grant Revenues
(from the California Emergency Management
Agency) to the General Fund Police Operating
Budget, for the Children Exposed to Domestic
Violence Specialized Response Program.
rr. Department of Housing and Urban
Development (HUD) Action Plan Amendments:
1. Fiscal Year 2013 -14 Action Plan
Amendment 1 (total fiscal impact +
$568,564) .
2. Fiscal Year 2012 -13 Action Plan
Amendment 5 (no fiscal impact, change
to project description only).
ACTION TAKEN
AGR 13 -122
AGR 13 -123
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 13 -126
Bakersfield, California, July 17, 2013 - Page 12
8. CONSENT CALENDAR continued ACTION TAKEN
Successor Agency Business:
ss. Receive and file successor agency payments
from June 14, 2013, to July, 2, 2013, in the
amount of $23,973.47.
City Clerk Gafford announced that a memorandum
was received from staff regarding Item 8.aa.,
correcting the contract term to July 13, 2014.
Councilmember Smith announced that he would
abstain, due to conflict of interest, source of income to
himself, on items 8.s., 8.u., and 8.v.
Councilmember Maxwell requested that Items 8.h.,
8.mm., 8.nn., and 8.00. be removed for separate
consideration.
Motion by Vice -Mayor Weir to adopt Consent
Calendar items 8.a. through 8.ss., with the removal of APPROVED
items 8.h., 8.mm., 8.nn., and 8.00. for separate
consideration.
h. Resolution authorizing staff to proceed with the RES 092 -13
filing of documents necessary to initiate the
formation of the Bakersfield Public Benefit
Corporation, a non - profit for the purpose of
financing and developing public improvement
projects for the benefit of the City and /or the
local metropolitan area and authorizing any
other documents related thereto. (TRIP)
Motion by Counclimember Maxwell to adopt Consent APPROVED
Calendar Item 8.h.
mm. Reject all bids for the Mill Creek Linear Park
Sister City Gardens Phase B -Theme Gardens.
nn. Accept bid and approve contract with Kern AGR 13 -124
Steel Fabrication, Inc. ($120,411.83), for Sister
City Gardens Phase B- Fabrication of India
Gazebo, Seating Trellis and Garden Plaques.
oo. Accept bid and approve contract to Rudnick AGR 13 -125
Fence Company ($95,675), for Sister City
Gardens Phase B- Rolling Gate.
Motion by Counclimember Maxwell to adopt Consent
Calendar Items 8.mm., 8.nn., and 8.00. APPROVED
Bakersfield, California, July 17, 2013 - Page 13
9. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN
None.
10. HEARINGS
a. Public Hearing to consider Resolution approving RES 097 -13
and adopting an adjustment to the Street Cut
Workmanship and Performance Warranty Fee
(fee proposed to increase from $20.66 per lane -
foot to $21.63 per lane -foot; 4.7% increase).
Public Works Director Rojas made staff
comments and recommended adoption of the
Resolution.
Hearing opened at 6:57 p.m.
No one spoke.
Hearing closed at 6:57 p.m.
Motion by Vice -Mayor Weir to adopt the APPROVED
Resolution.
b. General Plan Amendment /Zone Change No. REMOVED
12 -0464; McIntosh & Associates, representing
Black Ops Real Estate IV, LLC (property owner),
has applied for a Land Use Element
amendment, a Kern River Plan Element
amendment and a zone change on 10.8 net
acres located at the southwest corner of River
Run Boulevard and Elkhorn Creek Lane. An
appeal of the Planning Commission's decision
to deny the proposal was submitted by
McIntosh & Associates.
Resolution denying the appeal and
denying the general plan amendment
changing the land use designation from
LR (Low Density Residential) to LMR (Low
Medium Density Residential) and the
Kern River Plan designation from Map
Code 5.35 (maximum 7.26 dwelling
units /acre) to 5.3 (maximum 10 dwelling
units /acre) on 10.8 acres.
2. Resolution denying the amendment to
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district from R -1 (One Family Dwelling) to
PUD (Planned Unit Development) on 10.8
acres.
10.
Bakersfield, California, July 17, 2013 — Page 14
HEARINGS continued
Item 10.b. continued
City Clerk Gafford announced that, as
previously noted, Item 10.b., Appeal of the
Planning Commission decision on the
GPA /Zone Change at the corner of River Run
and Elkhorn Creek has been pulled due to a
receipt of a letter today by the Appellant
withdrawing its Appeal.
C. General Plan Amendment /Zone Change
No. 13 -0136; McIntosh & Associates,
representing Kern Land Partners, LLC (property
owner), has applied for a general plan
amendment and zone change on 77 acres
located at the southeast corner of Seventh
Standard Road and Calloway Drive. An Appeal
of the Planning Commission's decision to
recommend approval was submitted by
Clayton Camp, a neighboring property owner.
Resolution adopting a Negative
Declaration.
2. Resolution denying the appeal and
approving the general plan amendment
changing the land use designation from
SR (Suburban Residential) and ER (Estate
Residential) to LR (Low Density
Residential) on 77 acres.
3. First Reading of Ordinance denying the
appeal and amending the Official
Zoning Map in Title 17 of the Municipal
Code by changing the zone district from
A (Agriculture) to R -1 (One Family
Dwelling) on 77 acres.
City Clerk Gafford announced that three
correspondence items were received in
opposition to this GPA /Zone Change.
ACTION TAKEN
CONTINUED TO
AUGUST 14, 2013
Bakersfield, California, July 17, 2013 - Page 15
10. HEARINGS continued
Item IO.c. continued
Community Development Director Mclsaac
announced that late today the Applicant and
the Appellant on this matter came to an
agreement on a request to continue this item
to the August 14, 2013, City Council Meeting, in
order to memorialize some additional changes
to the development standards that would
hopefully address some of the concerns of the
Appellant; and he recommended that the
Public Hearing be opened and continued to
August 14th.
Hearing opened at 6:59 p.m.
a. Dennis Fox suggested having an
expressway on Seventh Standard Road
from 1 -5 to Bakersfield to alleviate
pollution.
b. Stewart Fleeman indicated he would like
to come back to the next meeting and
speak in opposition to the general plan
amendment and zone change.
C. Roger McIntosh, with McIntosh &
Associates, representing Kern Land
Partners, spoke in support of the
continuance of the hearing to
August 14th, and asked that Condition
No. 18, the requirement to improve
Calloway Drive, be addressed with some
kind of an agreement or plan that either
the City or the County help pay for those
improvements through the Regional
Transportation Impact Fee Program.
d. Carol Bender spoke in support of the
continuance of the hearing to
August 14th.
ACTION TAKEN
Motion by Vice -Mayor Weir to keep the hearing APPROVED
open and continue to August 14, 2013.
11. REPORTS
None.
Bakersfield, California, July 17, 2013 - Page 16
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson requested that the City
Attorney review a matter regarding four governors of
the state of California who petitioned to file an Amicus
Brief In relationship to the problem that Is being posed
with additional release of Inmates, and N the court will
allow Amicus Briefs, then he would like the City
Attorney to file one on behalf of the City of Bakersfield;
however, If not, then he would like the City to contact
the Criminal Justice League Foundation, who authored
the Brief, and see how to craft a document in support
of the appeal.
Councilmember Johnson requested that the matter of
a Ground Water Plan that Is being discussed by the
Ground Water Management Group be put on the next
Water Board agenda for discussion for an update and
to determine what role the City Is playing and if we
need to be further engaged In that Issue.
Councilmember Maxwell asked the Police
Department to formulate a plan to respond and
hopefully eliminate the vice and other criminal activity
occurring behind Carpet Cave and In the old area of
Bakersfield.
Councilmember Maxwell requested that staff put a
report together regarding the large number of
accidents and violations, at the Intersection of
California Avenue and Oak Street, to determine if
there Is a pattern, and perhaps adjust the lighting
system or the whole Intersection, to eliminate the
accidents and reduce the confusion that might be
causing the moving violations.
Councilmember Maxwell asked that, as soon as the
EIR for the 24th Street Widening Project becomes
available, he would like a copy of it, and he also
would like a response to his request for better
coordination of the lighting systems between M and F
streets, as well as between Oak and Mohawk, which
would relieve a lot of the congested traffic in that
area.
ACTION TAKEN
Bakersfield, California, July 17, 2013 - Page 17
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Vice -Mayor Weir expressed his appreciation to
Recreation and Parks Director Hoover, Public Works
staff, and Finance Director Smith for coordinating the
successful grand opening event Friday at Siemon Park,
and he thanked Mayor Hall for attending.
Councilmember Rivera asked staff to look at the
feasibility or possibility of potentially taking a City
Council meeting to different parts of the City to allow
those who felt they did not have an adequate
opportunity to participate In a City Council meeting,
because of the location or time, the ability to do so.
Councilmember Smith asked that the matter of
General Plan designations be referred to the Planning
and Development Committee and to clean up the
Metropolitan Plan because the City and County do not
match, and also look at the zoning for R- i and make
the lot sizes fit better with the General Plan
designations.
Councilmember Sullivan announced that on July 25th,
In God We Trust America will be celebrating our
National Motto at the Marriott, with Alan Keyes as the
keynote speaker, and she noted that over a hundred
cities in California are proudly and prominently
displaying our National Motto, as well as over 350
cities across the country.
Councilmember Sullivan advised that she is in support
of a human life ordinance, but at the same time, as an
elected official she has a responsibility to make wise
decisions for our city and, at this point, we are not
certain that it would be defensible, so more work
needs to be done on it; and she also expressed her
disappointment that Tim and Terry Palmquist did not
have the opportunity to speak, because she would
have supported giving them each 3 minutes to speak.
Mayor Hall recognized the efforts of everyone
involved in the new litter freeway pickup program that
has been underway since May, including the
volunteers, the Sheriff's Department trustees, the
Probation Department, the homeless individuals and
the City Solid Waste Department, as well as the
businesses that have provided monetary contributions.
Bakersfield, California, July 17, 2013 - Page 18
15. ADJOURNMENT ACTION TAKEN
Mayor Hall adjourned the meeting at 7:29 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield