HomeMy WebLinkAbout09/25/13_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF SEPTEMBER 25, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5 :15 p.m.
REGULAR MEETING - 5 :15 p.m.
1. ROLL CALL
2. INVOCATION by Pastor James Ranger, New Life Center.
3. PLEDGE OF ALLEGIANCE by Danielle Strickland, 5m grade student at Bill Williams Elementary
School.
4. PRESENTATIONS
a, Presentation by Christi Tenter, Human Resources Manager and Jena Covey, Risk
Manager to winners of the 2013 Excellence in Action Awards, the Extra Mile Award
and S.T.A,R. Award In recognition of outstanding service to the City,
b. Presentation by Mayor Hail of Certificates of Appreciation to representatives of Kern
County Broadcasters Association for providing sponsorship funding to support the
cooperative effort by the City, Keep Bakersfield Beautiful and the Bakersfield
Homeless Center to remove litter along freeway frontages.
C. Presentation by Mayor Hall of a Proclamation to Kristie Coons, Coordinator of One
Book, One Bakersfield, One Kern, declaring September through November, "One
Book, One Bakersfield, One Kern, 2013 Months ".
5.
PUBLIC STATEMENTS
6.
WORKSHOPS
7.
APPOINTMENTS
8.
CONSENT CALENDAR
Minutes:
a, Approval of minutes of the September 11, 2013, Regular City Council Meetings.
Payments:
b. Receive and file department payments from August 29, 2013, to September 12, 2013,
In the amount of $32,660,594.51 and self- Insurance payments from August 29, 2013,
to September 12, 2013, in the amount of $439,828,33 totaling $33,1 00,422.84.
Ordinances:
(Ward 5) C. Adoption of Ordinance levying a special tax for the Fiscal Year 2013 -2014 and
following Fiscal Years solely within and relating to the City Police and Fire Services
Community Facilities District No. 2013 -1 (West Ming Specific Plan), (FR 09 /11/13)
8. CONSENT CALENDAR continued
Resolutions:
d. Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorizing collection of the assessments by the
Kern County Tax Collector.
e. Southern California Gas Company Franchise Renewal:
1. Resolution accepting the application requesting a Gas Franchise,
2. Resolution of Intention to Grant a Gas Franchise.
Agreements:
(Ward 3) f. Environmental Impact Report preparation and certification for Vesting Tentative
Parcel Map 12072:
1. Agreement with Wal -Mart ($200,000) to reimburse the City for the preparation
and certification of an EIR for Vesting Tentative Parcel Map 12072, Including
both Consultant's costs and City staff costs.
2. Agreement with Bert Verrips, AICP, Environmental Consulting Services
($188,455), to prepare an EIR for Vesting Tentative Parcel Map 12072.
3. Appropriate $188,455 (Other's Share Project Cost) to the Community
Development Department's Operating Budget in the General Fund.
(ward 1) g. Agreement with ESC Enterprises, Inc. (three year term), for Concession and Catering
Services at the San Joaquin Community Hospital Ice Center and the McMurtery
Aquatic Center in exchange for 15% of ESC's gross concession and catering receipts
received from non - vending sales and 10% of vending sales.
h. Consultant Agreement with Cornerstone Engineering, Inc. (not to exceed $100,000),
for providing on -call engineering and surveying services for non - federally funded
Capital Improvement Projects during Fiscal Years 2013 -2014 and 2014 -2015.
(ward 1) i. Construction and Maintenance Agreement with Union Pacific Railroad Company,
San Joaquin Valley Railroad Company and the State of California Department of
Transportation ($126,500; 100% federally funded), for the construction of SR -58 GAP
Closure Project. (TRIP)
(Ward 3) J. Final Map, Improvement and Landscape Improvement Agreements with
K. Hovnanian's Four Seasons at Bakersfield, LLC., for Tract 6444 Phase 3 located north
of Panorama Drive and east of Vineland Road.
(wards) k. Final Map and Maintenance Agreement with Lenox Homes, Inc., for Tract 7226
Phase 1 located east of South Union Avenue on East Berkshire Road.
(ward 1,2) I. Amendment No. 1 to Agreement No. 13 -062 with Cen -Cal Construction ($150,000;
revised not to exceed $459,164.60), for the construction of HUD curb and gutter.
City Council Meeting of 09/25/2013
8. CONSENT CALENDAR continued
(Ward 2,4,5) M. Contract Change Order Nos, 162 and 165 to Agreement No, 09 -076 with Security
Paving Company, Inc. (net decrease of $5,016; revised not to exceed
$93,547,771.30; change orders funded with Roads Program Utility /Surcharge Fund),
for construction of the Westside Parkway Phase 2 Project, (TRIP)
(Ward2) n, Contract Change Order Nos. 46, 52 and 57 to Agreement No. 10 -168 with Security
Paving Company, Inc. (net decrease of $83,650.89, revised not to exceed
$24,383,051.23; change orders funded with traffic impact and utility surcharge fees),
for the construction of the Westside Parkway Phase 4 Project. (TRIP)
(Ward4) o. Contract Change Order Nos. 15 and 17 to Agreement No. 11 -0 11 with MGE
Underground, Inc. ($65,118.32; revised not to exceed $4,731,853.41; change orders
funded with transportation development funds), for the construction of the Westside
Parkway Phase 6A Project, (TRIP)
Bids:
p. Accept bid from Raceway Ford, Riverside ($451,423.13), for twenty five replacement
full size 1/2 ton two wheel drive pickups for use by the Water Resources and
Recreation Parks Departments and the Public Works Engineering, General Services,
Solid Waste and Wastewater Divisions,
(Ward 1,2) q. Accept bid and approve contract with Sturgeon Services International, Inc,
($48,130), for the Demolition of Improvements at 1023 34th Street and 305 Dr, Martin
Luther King Jr. Boulevard.
Miscellaneous:
(Ward 5) r. Authorization for the City Attorney and City Manager to execute property tax sharing
agreement with the County of Kern regarding apportionment of property tax
revenues upon annexation of territory to the City as Annexation No. 517 generally
located South of Panama Lane between Progress Road and Old River Road,
Successor Agency Business:
S. Receive and file successor agency payments from August 29, 2013, to September 12,
2013, in the amount of $349,514.98,
Staff recommends adoption of Consent Calendar Items 8a. through 8.s,
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
11. REPORTS
a. Agreement with Bakersfield Society for the Prevention of Cruelty to Animals
($742,000), for the management of the City's Animal Care Center.
Staff recommends approval of the Agreement.
b. Agreement with the Bakersfield Homeless Center (not to exceed $210,00, to
provide staff for the City's Animal Care Center.
Staff recommends approval of the Agreement.
3 City Council Meeting of 09/25/2013
12. DEFERRED BUSINESS
a, Resolution approving the Execution and Delivery of City Gas Tax, Transportation
Impact Fee and Restricted Utility Franchise and Surcharge Revenue Certificates of
Participation, Series 2013 (Thomas Roads Improvement Program) pursuant to a Trust
Agreement, authorizing the Execution and Delivery of a Trust Agreement, a
Certificate Purchase Agreement, and an Installment Sale Agreement and
authorizing the Institution and filing of related Validation Action and other matters
related thereto.
Staff recommends adoption of the Resolution,
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
09/19/13 4:19pm
Respectfully submitted,
/d Alan Tandy
City Manager
4 City Council Meeting of 09/25/2013
AGENDA HIGHLIGHTS
September 25, 2013 CITY COUNCIL MEETING
NOTE: There are no Closed Session Items on this agenda. The regular meeting of the City
Council will begin at 5:15 p.m. Immediately following the adjournment of the 5:15 p.m.
session, a separate meeting of the Bakersfield Public Benefit Corporation will be convened to
address one item of New Business pertaining to local funding and future borrowing
transactions for the Thomas Roads Improvement Program (TRIP).
REGULAR MEETING - 5:15 P.M.
Item 4a. Excellence in Action Employee Awards. We are pleased to inform you that this
meeting will include the annual presentations to the recipients of the "Excellence in Action
Award ", including the "Extra Mile Award" and a new category this year for outstanding team
performance, the "S.T.A.R. Award ".
Item 8e. Southern California Gas Company (SCG) Franchise Renewal. The existing franchise
agreement with SCH which allows them to provide gas distribution in the city will expire in
March, 2014. A new agreement has been negotiated with SCG to include a 1% surcharge
above the existing franchise payment in exchange for an indeterminate term of the franchise.
Those are the some terms that were agreed upon with PG &E when the City renewed their
franchise in 2008. The addition of the I % surcharge, which would result in an estimated
$200,000 in annual revenue to the City and, like the PG &E surcharge revenues, would be
earmarked for road and highway projects, is subject to approval by the CPUC. Council
approval is requested for two items: 1) a Resolution to accept SCG's request for a franchise,
and 2) a Resolution of Intention to set the public hearing date to discuss the proposed
franchise for the October 16, 2013 Council meeting. The first reading of the franchise
ordinance would also take place at that time, followed by second reading on November 6,
2013.
Westside Parkway Project Change Orders. There are several change orders for Phases 2, 4
and 6a as staff continues to work with the contractors on closing out those stages of the
project:
Item 8m. For Phase 2, construction of the 6 -lane freeway and associated interchanges and
bridges from Mohawk Street to Allen Road, there are two change orders to Agreement #09-
076 with Security Paving Company, resulting in a net decrease of $5,016.00.
Item 8n. For Phase 4, construction of the Mohawk Street Extension and Interchange, there are
three change orders to Agreement # 10-168 with Security Paving Company, resulting in a net
decrease of $83,650.89.
Staff is working with the contractor and construction manager to develop the final balancing
change orders for Phases 2 and 4; we expect they will be presented to the Council within a
few months.
Item 80. For Phase 6a, which included utility relocation and construction of the detour for
Allen Road in preparation for the Allen Road Interchange /Bridge Project (Phase 6b - currently
in progress), there are two change orders to Agreement #11 -011 with MGE Underground, Inc.,
for a net increase of $65,118.32. These two change orders will close out the Phase 6a Project.
Item 8r. Authorization to Execute Property Tax Agreement for Annexation #517. On April 17,
2013, the Council approved a resolution to initiate annexation proceedings within a County
island located south of Panama Lane, between Progress Road and Old River Road. The
deadline for the City and County to reach agreement on the property tax exchange is
October 11, 2013, or LAFCO will terminate the annexation. For this particular annexation, the
City and County have agreed, in principle, to the terms for the property tax split. Staff has
provided a draft agreement to the County for their consideration, based on the agreed upon
terms. Since time is of the essence in order to meet the LAFCO deadline, and the next City
Council meeting does not occur until October 16, 2013, staff is requesting authorization for the
City Attorney and City Manager to execute the agreement, assuming there will be mutual
concurrence on the final document.
As we continue to prepare for the separation of animal care and shelter services when the
current Animal Shelter Agreement with the County expires on September 30, 2013, Council
approval is requested for two separate, but related, items on this agenda:
Item 11a. Agreement with the SPCA. This agreement, in the amount of $742,000, for
management of the City's new animal care center, will begin October 1, 2013, contingent on
Council approval. We will supplement the SCPA's services with additional City staff and
additional labor, with the latter to be provided through an agreement with the Bakersfield
Homeless Center (see Item 11 b.) This agreement also provides for three consecutive one -year
extensions.
Item 11b. Agreement with the Bakersfield Homeless Shelter. This agreement, in the amount of
$210,000, is for the additional labor needed for the new animal care center, as referenced
above. The Homeless Shelter will provide 9 animal care workers, who will be trained by the
SPCA. Like the proposed agreement with the SPCA, it will also begin in October 1, 2013 and
also includes the option for three consecutive one -year extensions.
As our new animal care program is in its infancy, staff anticipates there will be a need to
request approval for future budget amendments as we move forward. We are very enthused
about this new partnership that will combine the SPCA's wealth of experience with the
positive aspects of utilizing staffing from the Homeless Shelter.
Agenda Highlights - September 25, 2013 Council Meeting
Page 2
Item 12a. TRIP Financing and Validation Action. In 2008, the City Council directed staff to
move forward with the necessary steps to commit City funds for the required local match to
the TRIP Federal earmark funding. Staff provided reports in February and June, 2013 on the
proposed financing plan to ensure we have the funds necessary for the local match. In July
and August, the Budget and Finance Committee further reviewed the numerous issues related
to the financing plan. These series of meetings included extensive review and discussion,
which culminated in the Budget and Finance Committee requesting that the issue be brought
back to the full Council for further discussion. The attached Administrative Report includes the
detailed information that was provided for both of the committee discussions. Based on the
Council's commitment in 2008 and the hundreds of actions related to the TRIP program since
that time, it is staff's opinion that we are far past the point of considering a ballot measure to
seek voter approval for the TRIP local funding. We have reached the point where we need to
proceed with the legal and financial groundwork to facilitate the financing needs to
complete the TRIP projects. Staff is requesting Council action on a Resolution to approve
financing documents (as described more fully in the Administrative Report) and to authorize
the filing of the Legal Validation Action. Please note that the actual borrowing transaction will
be presented to the Council for approval at a future date.
•_ • lI =- i l• • fill
l
Meeting to Convene Immediately Upon
Adjournment of 5:15 p.m. Regular City Council Meeting
Item 3a. With approval of the City Council in July, 2013, the Bakersfield Public Benefit
Corporation was formed to facilitate the future borrowing transactions for the TRIP program.
Because the Corporation is a separate legal entity from the City, their meetings and actions
are also separate and distinct from those of the City Council. This agenda item requests the
Board of Directors to approve a Resolution to ratify the Articles of Incorporation and Bylaws of
the Corporation and authorize approval of those certain financing documents included with
Item 12a. on the separate City Council agenda. Approval by the Board will further support the
documents being submitted by the City for completion of the Legal Validation Action. Similar
to City Council Agenda Item 12a., the actual borrowing transaction will be presented to the
Board of the Corporation for approval at a future date.
Approved:
Alan Tandy, City Managers _
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - September 25, 2013 Council Meeting
Page 3
A
ADMINISTRATIVE REPORT
F
MEETING DATE: September 25, 2013 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council
FROM: Christi Tenter, Human Resources Manager
Jena Covey, Risk Manager
DATE: September 13, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Presentation by Christi Tenter, Human Resources Manager and Jena Covey,
Risk Manager to winners of the 2013 Excellence in Action Awards, the Extra
Mile Award and S.T.A.R. Award in recognition of outstanding service to the
City of Bakersfield.
BACKGROUND:
The Employee Incentive Team (EIT) is pleased to announce the 13th Annual Excellence in
Action (EIA) Awards. The Excellence in Action Award Ceremony will recognize final award
recipients during the Wednesday, September 25, 2013 meeting.
The Excellence in Action Awards and Extra Mile Award are components of the Employee
Incentive Program. The main objective is to reward peak performing employees who
sustain a high level of productivity and quality, and who stimulate superior job
performance. Recognition is given to employees who consistently exceed performance
levels in their required job duties, as validated by the annual performance evaluation. The
award is given to employees of the City of Bakersfield that exemplify the traits of Excellent
Customer Service, Leadership by Example, Willingness to Solve Problems, and Consistently
High Performance.
This year a new recognition award was added to acknowledge outstanding teamwork and
team contributions. The S.T.A.R award, Shinning Team Achievement Recognition,
recognizes teams that consistently work collaboratively to accomplish goals in above -and-
beyond ways. This award recognizes, and reinforces, the need for all employees to work in
support of one another for the overall success of our City organization.
This year the nomination process began in August. All City employees, excluding the
members of the Employee Incentive Team, were eligible to be nominated for an Excellence
in Action Award. All nominations were submitted by each Department Head to the
Employee Incentive Team and reviewed for consideration by EIT. Each individual EIA winner
will be awarded a $250 Gift Card, the Extra Mile winner will be awarded a $300 Gift Card,
Y: \EIA \2013 \Admin Rprt 2013.docx
ADMINISTRATIVE REPORT
and all winners' names will be engraved on a perpetual plaque displayed in the Human
Resources lobby. All S.T.A.R recipients will receive a certificate and a recognition award.
The Employee Incentive Team is pleased to announce the following recipients of the
Excellence in Action Awards for 2013 by Department:
Community Development:
Fire:
Police:
Public Works:
Recreation & Parks:
Water Resources:
Extra Mile Award:
Kate Shea
Michael Bloomer
Sandra Alvarez, Glenn Anderson, John Dunn, Ashley
Hageman and April Hares
Mario Jimenez, Mike Thomas and Jorge Villegas
Israel Herrera and Eliazar Sanchez
Reggie Gutierrez
Sal Moretti
S.T.A.R. Award: 24 Hour Desk Team - BPD; Linda Reitz, Noemi Salazar, Raul
Gurrola, Sevelynn Castillo, Adrianna Sanchez, Amanda
Glenn, Stephanie Greeson, Patti Rodriguez and Teresa
Erickson
of
Y: \EIA \2013 \Admin Rprt 2013.docx
MEETING DATE: September 25, 2013 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: September 19, 2013
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Certificate of Appreciation to representatives of the Kern
County Broadcasters Association for providing sponsorship funding to support the
cooperative effort by the city, Keep Bakersfield Beautiful, and the Bakersfield Homeless
Center to remove litter along freeway frontages.
RECOMMENDATION:
BACKGROUND:
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September 19, 2013, 2:55PM
MEETING DATE: September 25, 2013 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: September 13, 2013 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Presentation by Mayor Hall of a Proclamation to Kristie Coons, Coordinators of One
Book One Bakersfield One Kern, declaring September through November
"One Book, One Bakersfield, One Kern, 2013 Months" in Bakersfield.
RECOMMENDATION:
BACKGROUND:
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A
ADMINISTRATIVE REPORT
1
MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM: T. (L,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
September 13, 2013
APPROVED
DEPARTMENT HEAD /T
CITY ATTORNEY
CITY MANAGER
Approval of Minutes of the September 11, 2013, Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM: 18.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 13, 2013
APPROVED
DEPARTMENT HEAD_ LZ!5
CITY ATTORNEY AL
CITY MANAGER S
SUBJECT: Receive and file department payments from August 29, 2013 to September
12, 2013 in the amount of $32,660,594.51, Self Insurance payments from
August 29, 2013 to September 12, 2013 in the amount of $439,828.33,
totaling $33,100,422.84
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
This payment report includes the bulk of our annual refuse service fee refund to senior
citizens within our community. Residents who are owner and occupant of their residence
and age 65 or over may submit an annual claim for a 50% refund of their annual refuse
service fee assessment, which is collected on the property tax bill. This batch of payments
includes refunds for 5,382 customers totaling $485,124.11
September 13, 2013, 8:53AM
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ADMINISTRATIVE REPORT
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MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM: T. c
TO: Honorable Mayor and City Council APPROVED
/�
FROM: Andrew Heglund, Deputy City Attorney DEPARTMENT HEAD
DATE
September 13, 2013
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Adoption of Ordinance Levying a Special Tax for the Fiscal Year 2013 -2014 and
Following Fiscal Years Solely Within and Relating to the City of Bakersfield Police
and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific
Plan).of the City of Bakersfield Police and Fire Services Community Facilities
District No. 2013 -1 (Ward 5)
In August 2007, the City entered into a Development Agreement ( #07 -310) (the "Agreement ")
with Castle & Cooke California Inc., and Bolthouse Properties LLC regarding the future
development of approximately 2,180 acres of land in west Bakersfield, more commonly known
as the West Ming Specific Plan area (the "Area ").
Under the terms of the Agreement, as amended, a Community Facilities District ( "CFD ") must
be formed to facilitate the collection of fees and special taxes regarding the operation and
maintenance of police and fire services, including salary and benefits of personnel, required
by new residential development within the Area. Once the CFD is formed, owners of each
residential unit within the Area will pay, on their property tax bill, $287 per year for the first 10
years after a building permit is pulled for each residential unit and then $174 per year for the
next 10 years. This special tax will help offset the cost of fire and police protection services
required by new development within the Area.
At its September 11, 2013 meeting, Council conducted a public hearing on the formation of
the CFD. Additionally, the Council adopted several resolutions forming the CFD, calling for a
special mailed - ballot election, and certifying the election results. After the election results
were certified, the Council had first reading of an ordinance levying a special tax for the fiscal
year 2013 -2014 and following fiscal years solely within and relating to the City of Bakersfield
Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan). This
ordinance levies the special tax and directs the City Manager or designee to determine the
correct special tax to be assessed pursuant to the Rate and Method of Apportionment.
This ordinance had first reading on September 11, 2013.
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September 13, 2013, 12:19PM
S:1000NCIL\Ndmins \13 -14 Admins\ Westminp- Cfdfonnetion.9- 25- 13.Do"
MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM S. d.
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD C7i14-,'
DATE: September 9, 2013
CITY ATTORNEY T`'f
CITY MANAGER_
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and authorizing collection of the
assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on September 9, 2013, by the City Manager designee and all
proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to
comply with the notices to abate such public nuisance. After a hearing duly noticed and held
before the Building Director, the Director issued orders requiring the property owner to abate the
public nuisance. The subject properties are listed as follows:
PROPERTY LOCATION
Ward 1
1. 1801 Carver Avenue
2. 226 Clyde Street
3. 916 Dr. Martin Luther King Jr. Blvd.
4. 1000 Dr. Martin Luther King Jr. Blvd
5. 118 Hayes Street
6. 120 Hayes Street
7. 125 Hayes Street
8. 217 Hayes Street
September 9, 2013, 11:31AWkd
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APN COST
172- 051 -06
$
1,280.00
018- 350 -03
$
1,320.00
018- 061 -13
$
690.00
018- 032 -03
$
1,099.00
018 - 320 -06
$
660.00
018 - 320 -05
$
660.00
018 - 340 -20
$
699.00
018- 350 -27
$
1,149.00
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1
9.
227 Hayes Street
018- 350 -18
$
300.00
10.
4910 Kidson Hill Court
143- 304 -04
$
1,160.00
11.
128 Kincaid Street
018 - 160 -05
$
905.00
12.
124 Liggett Street
139- 391 -04
$
105.00
13.
318 S. Owens Street
018- 220 -06
$
800.00
14.
2109 Roland Street
170- 162 -14
$
1,280.00
15.
521 Terrace Way
011-230-01
$
1,119.00
16.
1023 Townsley Avenue
011- 191 -15
$
680.00
17.
1300 Virginia Avenue
018 - 123 -38
$
300.00
18.
1005 Watts Drive
170 - 132 -06
$
105.00
19.
1006 Watts Drive
170- 221 -07
$
105.00
20.
1421 Wilkins Street
018- 432 -04
$
800.00
21.
115 8th Street
009 -471 -08
$
300.00
22.
1300 E. 9th Street
018- 061 -28
$
1,450.00
23.
1405 E. 9th Street
018- 062 -08
$
989.00
24.
1422 E. 9th Street
01 8- 061 -18
$
825.00
Ward 2
25.
1304 E. California Avenue
017- 360 -08
$
1,299.00
26.
33 Irene Street
124 - 172 -09
$
2,600.00
27.
4205 Marella Way
020- 482 -30
$
1,994.00
28.
1805 Orange Street
007 -192 -16
$
300.00
29.
5708 Stockdale Highway
331 - 100 -32
$
300.00
30.
1300 Stockton Street
012- 112 -14
$
600.00
31.
2423 3rd Street
008 - 162 -08
$
300.00
32.
1427 E. 18th Street
017- 220 -07
$
1,675.00
33.
631 33rd Street
002 -051 -31
$
300.00
Ward 3
34.
3217 Arnold Street
021 - 382 -25
$
1,700.00
35.
6004 Asti Drive
332 - 613 -01
$
300.00
36.
3219 Cardinal Avenue
382 - 122 -28
$
1,350.00
37.
7009 Copper Creek Way
507 - 102 -23
$
1,044.00
38.
8316 Exodus Lane
494 -803 -11
$
700.00
Ward 4
39.
12509 Knights Bridge Place
528 - 192 -13
$
765.00
40.
10314 Roehampton Avenue
526- 221 -05
$
300.00
Ward 5
41.
3626 Boswellia Drive
513 - 222 -21
$
915.00
42.
7300 Calle Nobleza
339 - 582 -06
$
300.00
September 9, 2013, 11:31AM /kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 6
43. 2209 Akers Road
44. 6100 Cancun Court
45. 2900 N. Half Moon Drive
46. 2908 N. Half Moon Drive
Ward 7
47. 5405 Annette Street
48. 2620 Bernice Drive
49. 4113 Jaspar Avenue
50. 1804 Magdelena Avenue
APN
440 - 061 -06
499 - 131 -22
355 - 331 -01
355 - 331 -03
COST
$ 105.00
$ 105.00
$ 105.00
$ 210.00
371- 201 -15 $ 300.00
372 - 062 -08 $ 105.00
371 - 232 -17 $ 900.00
515- 070 -05 $ 1,490.00
The owners of the above - mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above - mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
September 9, 2013, 11:31AWkd
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ADMINISTRATIVE REPORT
MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Co no#— APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: September 13, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Southern California Gas Company Franchise Renewal
1. Resolution Accepting the Application of Southern California Gas Company
Requesting a Gas Franchise.
2. Resolution of Intention to Grant a Gas Franchise to Southern California Gas
Company.
RECOMMENDATION: Staff recommends adoption of the resolutions.
BACKGROUND:
Existing Franchise:
Southern California Gas Company ( "SCG ") has an existing 50 -year franchise for gas distribution with the
City that is set to expire on or around March 23, 2014. The franchise provides for payments to the City by
SCG for use of City right -of -way, which typically is in or along City's streets and roadways, to provide gas
service as provided by state law (state constitution and 1937 Act) and the City Charter. The payments
made by SCG under the franchise are calculated by taking the greater of (1) 2% of SCG's gross annual
receipts from the use, operation, or possession of the franchise or (2) 1% of SCG's gross annual receipts
from the sale of gas within the City limits.
On August 22, 2013, SCG requested in writing that the City Council grant SCG a new franchise.
Renewal negotiations with SCG:
In 2008, the City renewed franchises with PG &E for electric and gas use, transmission, and distribution.
As part of that process, the City successfully negotiated a 1% surcharge above the franchise payment
outlined above in exchange for an indeterminate term of the franchise. The surcharge, intended to help
compensate City for PG &E's use of City's right of way, was not collected from customers with low income
levels that participated in PG &E's California Alternative Rates for Energy (CARE) program.
In negotiating a new franchise with SCG, it was important that the SCG franchise terms be similar to those
in the 2008 PG &E franchise ordinance and similarly include the 1 % surcharge charged to PG &E's gas and
electric customers to equalize the fees paid by gas customers within City limits except for those customers
participating in SCG's CARE program. SCG has agreed to the 1 % surcharge, subject to approval by the
CPUC, in exchange for an indeterminate term of the franchise.
September 13, 2013, 9:19AM
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ADMINISTRATIVE REPORT
SCG anticipates that it could take several months to secure CPUC's approval of the surcharge. And there
is no guarantee that the CPUC will approve the surcharge, even though it has approved the PG &E
surcharge and other similar surcharges in other cities. But each surcharge request is independent and
subject to the CPUC's final determination. If the CPUC does not approve the surcharge, the proposed
SCG franchise ordinance will convert to a 50 -year term of the franchise instead of the proposed
indeterminate term.
The proposed franchise ordinance carries over from the 2008 PG &E franchise ordinance clarifications to
the original franchise ordinances with PG &E and SCG including SCG's cooperation on performing work in
the City right -of -way and timely relocation of their facilities, SCG's obligation to relocate their facilities at
City request, and relocation of SCG facilities for highway facilities transferred from the State to the City
(such as Rosedale Highway or State Highway 204). As in the PG &E franchise ordinance, the proposed
SCG franchise ordinance contains a clause requiring SCG to match any change to the 1937 Act that
results in an increase in the percentage paid of gross annual receipts through the SCG franchise.
Timing:
Two resolutions are before you for this meeting. The first formally accepts SCG's request for a franchise.
The second is a Resolution of Intention, which establishes the public hearing date to discuss the proposed
franchise for October 16, 2013. The first reading of the franchise ordinance is also tentatively scheduled
for the October 16, 2013 meeting. Second reading and adoption of the ordinance is tentatively scheduled
for the November 6, 2013 meeting. The ordinance will become effective 30 days after the second reading
and adoption of the ordinance by the Council.
Once the ordinance is adopted, SCG will submit its request for approval of the surcharge to the CPUC.
Recommendation:
Staff is recommending that the Council accept SCG's request for a franchise and adopt the Resolution of
Intention to grant the proposed gas franchise to SCG, which includes the 1% surcharge in exchange for an
indeterminate term of the franchise. Adoption of the proposed franchise ordinance will equalize the fees
paid by all gas (non- CARE - participant) customers within City limits. The collection of the surcharge will
not occur prior to CPUC's approval of the surcharge. It is estimated that the surcharge could result in
approximately $200,000 annually in revenue to the City from SCG. Pursuant to Ordinance 4726, these
surcharge revenues will be earmarked for road and highway projects.
A Service/Territory Map is attached describing SCG's service area within the City limits.
September 13, 2013, 9:19AM
S:\COUNCIL\Admins\13-14Admins\SoutherCalGas-FranchiseAdmin 9- 11- 13.doc
MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM: g',
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD - 1i
DATE: September 4, 2013 CITY ATTORNEY Q �-
CITY MANAGER
SUBJECT: Environmental Impact Report Preparation and Certification for Vesting
Tentative Parcel Map 12072 (Ward 3):
Agreement with Wal -Mart ($200,000) to reimburse the City of Bakersfield for
the preparation and certification of an Environmental Impact Report for
Vesting Tentative Parcel Map 12072, including both Consultant's costs and
City staff costs.
2. Agreement with Bert Verrips, AICP, Environmental Consulting Services
($188,455) to prepare an Environmental Impact Report for Vesting
Tentative Parcel Map 12072.
3. Appropriate $188,455 (Other's Share Project Cost) to the Community
Development Department's Operating Budget in the General Fund.
RECOMMENDATION:
Staff recommends approval of agreements and appropriation of funds.
BACKGROUND:
Wal -Mart has applied to the City to annex property south of Olive Drive and west of State
Highway 99 (Annexation #648 - Landco #3). Vesting Tentative Parcel Map 12072 is also
proposed to subdivide the 39.05 -acre property into five parcels, with a Wal -Mart store and
parking within a 23.87 -acre parcel. The City has determined that in order to process the
parcel map, The California Environmental Quality Act (CEQA) requires an Environmental
Impact Report (EIR) to be prepared and certified by the City Council.
Applicant - City Agreement
Wal -Mart has agreed to reimburse the City of Bakersfield for the preparation and
certification of an Environmental Impact Report for Vesting Tentative Parcel Map 12072.
The total cost of the EIR is $200,000, which consists of $188,455 for the Consultant's costs and
$11,545 to reimburse the City for its costs and staff time in managing the project.
September 17, 2013, 3:12PM
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ADMINISTRATIVE REPORT
Consultant - City Agreement
The City solicited Request for Proposals from six environmental consulting firms to prepare
the Environmental Impact Report (EIR) for Vesting Tentative Parcel Map 12072. The sole
consulting firm that responded was Bert Verrips, AICP, Environmental Consulting Services.
However, since the consulting firm had extensive EIR experience, including four previous
Wal -Mart EIRs, the firm was selected to perform the EIR. The Scope of Work, shown as Exhibit
A in the Consultant Agreement, will be executed for a total payment of $188,455. It is
estimated that the work will be completed in the summer of 2014.
Appropriation
In order for the City to utilize the $188,455 that Wal -Mart agrees to pay for the Environmental
Impact Report for Vesting Tentative Parcel Map 12072 (shown as "Other's Share Project
Cost "), staff recommends that the Council appropriate $188,455 to the Community
Development Department's Operating Budget in the General Fund.
September 18, 2013, 2:36PM
PE / S. ITRACTSL90721CC docslWalMart EIR CC Admin 092513.docx
MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: September 17, 2013 CITY ATTORNEY
AA-
CITY MANAGER_ &
SUBJECT: Agreement with ESC Enterprises, Inc. for Concession and Catering Services at the
San Joaquin Community Hospital Ice Center and the McMurtrey Aquatic Center
in exchange for 15% of ESC's Gross Concession and Catering Receipts Received
from Non - Vending Sales and 10% of Vending Sales for a three -year term. (Ward 1)
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
Since November 5, 2003, ESC Enterprises, Inc. ( "ESC ") has provided concession and catering
services for the San Joaquin Community Hospital Ice Center ( "Ice Center ") and the McMurtrey
Aquatic Center ( "Aquatic Center "). The original agreement was for a five -year term, with an
option to renew for one additional five -year period. The agreement expired on June 30, 2013,
and the City and ESC executed a letter agreement extending the relationship through
September 30, 2013 to allow a new agreement to be drafted.
The City contracts with AEG Management Bakersfield, LLC for management of the Ice Center
for the City; the Recreation and Parks Department manages the Aquatic Center.
Therefore, the Agreement for Council's consideration is between the City, ESC, and AEG and
grants ESC an exclusive right to operate concession and catering services at the Ice Center
and the Aquatic Center. In exchange, ESC will pay the City 15% of ESC's gross concession and
catering receipts received from non - vending sales and 10% of vending sales. On average,
during the term of the previous agreement, the City has received less than $25,000 annually
from non - vending and vending sales.
Under the terms of the Agreement, the City agrees to indemnify AEG for any of the services
provided by ESC at the Aquatic Center, since AEG is not responsible for managing that facility.
The City is pleased with the concession and catering services provided by ESC at the Ice Center
and the Aquatic Center for the past ten years. It is a relatively small -scale operation that does
not result in great volume but is provided as a convenience for the patrons of both facilities.
Staff recommends approval of the Agreement with ESC for a three -year term, to expire on June
30, 2016.
S: \C0UNCIL \Admins \13 -14 Admins \ESC.Concessionaire Agr Ice Center.Docx
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ADMINISTRATIVE REPORT
gLIFO
MEETING DATE: September 25, 2013 AGENDA SECTION Consent Calendar
ITEM: $,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 12, 2013
PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Consultant Agreement with Cornerstone Engineering, Inc. (not to exceed
$100,000.00) for providing on -call engineering and surveying services for non -
federally funded Capital Improvement Projects during Fiscal Years 2013 -2014 and
2014 -2015 (All Wards).
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff
implemented on -call engineering and surveying services contracts with selected engineering
firms in 1996. This on -call program provides surveying and civil engineering design services as
needed for various City CIP projects. The program has proven to be effective for providing timely
design and surveying services to the City to maintain CIP project delivery. On June 26, 2013, the
City awarded agreements with Meyer Civil Engineering, Quad Knopf, and Ruettgers & Schuler
Civil Engineers. These three Agreements allow the on -call program to continue for Fiscal Years
2013 -14 and 2014 -15.
City staff now recommends approval of an On -Call Civil Engineering and Surveying agreement
with Cornerstone Engineering, Inc. to help expedite delivery of certain CIP projects. With staff's
current workload and the associated deadlines, especially those related to federally funded
projects, the City will benefit by having Cornerstone Engineering, Inc. provide services for specific
CIP projects as identified below:
Developing procedures and documents for the design /build process on Fire Station 8
Remodel: The design /build process is a complicated process. None of the three current
on -call engineers have expertise with this process. Additionally, only one firm which
responded to the City's Request for Qualifications /Proposal has had experience with the
design /build process. The firm's President is familiar with the related City processes, and
knows the requirements and documents necessary to deliver the design /build contract for
the Fire Station 8 Remodel. After Cornerstone has completed this work, staff will use their
work product as a model to prepare the process and documents necessary for the
design /build of a parking garage for the Amtrak Station.
Cull-de -sacs for streets south of 24th Street: Cornerstone had previously prepared the
necessary documents for right -of -way acquisition for these cul -de -sacs, which are
associated with the 24th Street Widening Project. Cornerstone already has knowledge of
the project locations which other consultants would have to acquire before they could
PW /Design Engineering /JC
9/12/2013 4:41 PM
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ADMINISTRATIVE REPORT
proceed with design of the project.
• Police Shooting Range: Through their previous work on the closure project for the
Panorama Landfill, Cornerstone already has knowledge of the project location and the
availability of certain infrastructure necessary for the shooting range. Again, another
design consultant would have to spend time acquiring this information before they could
finalize the design of the facility.
The compensation amount is set at a not -to- exceed aggregate total of $100,000 for a two -year
period.
Funding for this agreement will be paid for through funds previously budgeted for the above
three CIP projects. No additional appropriations are necessary.
PW /Design Engineering /JC
9/12/2013 4:41 PM
G: \GROUPDAT \ADMINRPT \2013 \09 -25 \0n -Call Civil Engineering - Cornerstone.doc
MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM: Q. '
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: September 12, 2013
APPROVED
DEPARTMENT HEAD A
CITY ATTORNEY AA�
CITY MANAGER
SUBJECT: Construction and Maintenance (C &M) Agreement ($126,500.00; 100% federally
funded) with Union Pacific Railroad (UPRR) Company, San Joaquin Valley Railroad
( SJVRR) Company, and the State of California Department of Transportation
(Caltrans) for the construction of SR -58 GAP Closure Project. (TRIP) (Ward 1)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The SR -58 GAP Closure Project consists of widening SR -58 to three lanes in each
direction from SR -99 to Cottonwood Road. The work includes the widening of four sets of bridge
structures within the project limits. The westbound on -ramp from H Street will also be widened
and metered, and a retaining wall will be built to accommodate this ramp widening.
One of the bridges to be widened crosses over a railroad spur line that is owned by the UPRR
Company and is operated by the SJVRR Company. This Agreement is required by the railroad
companies in order to perform construction activities within their railroad right -of -way. Caltrans
owns and operates the SR -58 freeway, and the City is administering the construction of the SR -58
Gap Project.
The Bakersfield Beltway System federal earmark (one of the four earmarks that are funding the
TRIP program) is being used to fund this TRIP project. This earmark will also help 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" 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.
September 17, 2013, 5:02PM
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ADMINISTRATIVE REPORT
LIF
MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM: Q.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 9, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
dn
CITY MANAGER S
Approval of Final Tract Map and Improvement Agreements:
Final Tract Map 6444 Phase 3, Improvement Agreement, and Landscape
Improvement Agreement with K. Hovnanian's Four Seasons at Bakersfield, LLC
(a California Limited Liability Company authorized to do business in California)
located north of Panorama Drive and east of Vineland Road. (Ward 3)
RECOMMENDATION:Staff recommends approval of final tract map and improvement
agreements.
BACKGROUND: Final tract map 6444 Phase 3, the improvement agreement, and the
landscape improvement agreement are entered into to secure the improvements required for
the Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls,
landscape and storm drain on or adjacent to the property being subdivided.
NOTE: IMPROVEMENT AGREEMENTS
ARE ON FILE WITH CITY CLERK'S OFFICE
FOR REVIEW.
••
September 9, 2013, 5:07PM
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ADMINISTRATIVE REPORT
LIF
MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM: a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 7, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGERS
Approval of Final Map and Maintenance Agreement:
Final Tract Map 7226 Phase 1 and Maintenance Agreement with Lenox
Homes, Inc., (a California corporation) located east of South Union Avenue on
East Berkshire Road. (Ward 1)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: Tract Map 6520 Phase 1, containing 132 lots, is located east of South Union
Avenue on East Berkshire Road. This Final Map was recorded on June 26, 2007. The Developer
has constructed the improvements for the first 44 lots and now wishes to record Tract Map
7226 Phase 1, containing only those 44 lots, over Tract Map 6520 Phase 1. This will eliminate all
the lots previously created as well as the requirement for the improvements for the remaining
88 lots in Tract Map 6520 Phase 1. Certificates of Occupancy cannot be issued for a tract until
all improvements are built and accepted by the City.
Infrastructure improvements for Tract 7226 Phase 1 have been completed. The City has
inspected these improvements and the improvements were accepted by the City on August
29, 2013. The developer, Lenox Homes, Inc., a California corporation, is required to enter into
a Maintenance Agreement with the City to secure the required one year warranty period for
the completed improvements for Tract 7226 Phase 1.
NOTE: THE MAINTENANCE AGREEMENT
IS ON FILE WITH THE CITY CLERK'S OFFICE
FOR REVIEW.
70
September 10, 2013, 10:46AM
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MEETING DATE: September 25, 2013 AGENDA SECTION Consent Calendar
ITEM: T. 1.
TO: Honorable Mayor and City Council APPItOVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 10, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 13 -062 with Cen -Cal Construction
($150,000.00; revised not to exceed $459,164.60) for the construction of HUD curb
and gutter (Wards 1, 2).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Bids were solicited from contractors for the construction of curbs, gutters and
sidewalks and for the supply of streets materials used in HUD qualifying areas of the City. The HUD
curb and gutter construction contract was awarded to Cen -Cal Construction for $309,164.60 at
the April 13, 2013 City Council meeting. The supply of street materials was awarded to Granite
Construction Company for $594,164.40 at the same Council meeting. The award amounts were
based upon an estimated quantity of work multiplied by each contractor's unit price.
Approximately $40,000 remains of the original agreement with Cen -Cal for curb and gutter work.
An additional $150,000 is needed to complete anticipated curb and gutter work in the Alta Vista
and East California residential areas. In turn, there will be savings of at least $150,000 in Granite's
street material contract to offset the proposed increase to the Cen -Cal agreement. However, an
amendment to the Granite contract is not required since the compensation clause is a not -to-
exceed amount. No additional appropriations are necessary to fund this amendment.
Since this curb, gutter, and sidewalk contract is funded with Community Development Block
Grant funds, there is no General Fund impact associated with this agreement.
M
September 11, 2013, 1:06PM
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MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: September 12, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ic.sJ
SUBJECT: Contract Change Order Nos. 162 and 165 to Agreement No. 09 -076 with Security
Paving Company, Inc. (Net decrease of $5,016.00; revised not to exceed
$93,547,771.30; change orders funded with Roads Program Utility /Surcharge Fund )
for the construction of the Westside Parkway Phase 2 Project (TRIP) (Wards 2, 4 and
5).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: As a result of the extraordinarily favorable bid climate at the time the Westside
Parkway Phase 2 project was bid, the City was able to extend the project limits from Coffee Road
all the way to Allen Road (This added three miles of freeway, an additional interchange at
Calloway Drive, and an additional bridge at Jewetta Avenue). This extended project limit
allowed the City to utilize all available State funding for this Project, since any unused funds would
have to be given back to the State. Due to time constraints for the State funding, portions of the
project construction bid and contract award were accomplished with less than final design work
completed. The final plans ultimately reviewed and agreed to by Caltrans also required changes
to the Project as compared to the plans used at the time of bidding. As such, a higher amount of
change orders were anticipated as the construction progressed. However, this series of actions
have been in the best interest of completing the Project, which is a critical component of the TRIP
program, and resulted in the utilization of all available State funding for constructing the Project.
Phase 2 of the Westside Parkway Project includes the construction of a 6 -lane freeway from
Mohawk Street to Allen Road. Also included in the project is the construction of interchanges at
Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta Avenue.
Change Order No. 162 provides for additional Type -60D concrete barrier for a retaining wall near
the Friant -Kern Canal. This item of work was not included in the original plans, but was later
recommended in order to protect this retaining wall from damage due to possible vehicle
impacts. This change order results in an estimated increase of $29,304.00.
Change Order No. 165 provides for the elimination of some 6 -foot chain link rail fencing that was
shown to be installed along the top of a concrete barrier located between Jewetta Avenue and
Allen Road. This chain link rail fencing was replaced with a less expensive 4 -foot tall chain link
fencing. This change order results in an estimated decrease of $34,320.00.
Staff recommends approval of Contract Change Order Nos. 162 and 165. Change Orders to
date, including these proposed Change Orders, total $16,975,326.23. This is a 22% increase over
the original Agreement as illustrated below:
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ADMINISTRATIVE REPORT
• Original Contract Amount = $ 76,572,445.07
• Previous Change Orders = $ 16,980,342.23
0 Current Change Order Nos. 162 and 165 = $ - 5,016.00
• Amended Contract Agreement after Change Orders = $ 93,547,771.30
Net Increase to date = $ 16,975,326.23
Much of the added cost for project change orders to date is due to Change Order No. 21 ($5.9
million) which is for the KCWA Box Culvert - an item the City was always paying for, but which was
originally to be constructed by the KCWA. Later, after the Westside Parkway Phase 2 project had
bid, KCWA management requested that the City construct this box culvert as part of the freeway
project instead of the KCWA. Also, Change Order No. 1 for $588,430 was for added work
requested and paid for by the North Kern Water Storage District.
The Westside Parkway was opened to the public on August 2, 2013; however, there are various
items of work that the contractor is continuing to complete in the next few weeks. Change Orders
Nos. 162 and 165 are the last change orders that have been identified by staff and the
construction manager to be processed for changes to the work. However, it is normal to have a
final balancing change order with the final pay estimate that would close -out the project. Staff
will continue to work with the contractor and the construction manager to complete final
quantities and develop the proposed final pay estimate after the contractor finishes his review of
the work completed. It is anticipated that this final balancing change order will be presented to
the City Council within a few months.
There is no General Fund impact associated with these change orders.
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1
MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: September 12, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 46, 52, and 57 to Agreement No. 10 -168 with Security
Paving Company, Inc. (net decrease of $83,650.89; for a revised not to exceed
amount of $24,383,051.23; change orders funded with traffic impact and utility
surcharge fees) for the Construction of the Westside Parkway Phase 4 Project. (TRIP)
(Ward 2)
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: The Westside Parkway Phase 4 Project consists of constructing four lanes of
freeway between Truxtun Avenue (just west of the Burlington Northern and Santa Fe (BNSF)
Railroad undercrossing) and the Mohawk Street Interchange. The project includes the
construction of two bridge structures over the Kern River and one bridge structure over Truxtun
Avenue (for eastbound traffic) as well as the construction of a box culvert for the Cross Valley
Canal (CVC) which is owned and operated by the Kern County Water Agency (KCWA).
Change Order No. 46 provides for the reduction in the installation of fiber rolls (erosion control
Type D) in some areas of the Westside Parkway. It was decided to install wood chips produced by
the City's green waste facilities instead of the erosion control Type D groundcover. This change
order results in an estimated reduction of $68,224.73.
Change Order No. 52 provides for the modification of the eastbound Truxtun Avenue off -ramp.
After this ramp was rough graded by the contractor according to the original plans, Caltrans
requested that the City modify the super - elevation (cross - slope) of this ramp to make it steeper.
This change order results in an estimated increase of $20,000.00.
Change Order No. 57 provides for the elimination of the staining for the Truxtun Avenue underpass
bridge. After the bridge was constructed, it was decided that concrete staining was not
necessary as originally specified in the contract documents. This change order results in an
estimated reduction of $35,426.16.
Staff recommends approval of Contract Change Order Nos. 46, 52, and 57. Adequate funds
have already been budgeted to pay for these change orders. Change orders to date, including
these proposed change orders, total $2,215,894.78. This is a 10% increase over the original
contract amount as illustrated below:
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ADMINISTRATIVE REPORT
• Original Contract Amount
• Previous Change Orders
• Current Change Order Nos. 46, 52, and 57
Amended Contract Agreement after Change Orders
Net Increase to date
_ $
22,167,156.45
_ $
2,299,545.67
_ $
- 83,650.89
_ $
24,383,051.23
_ $
2,215,894.78
After several weeks, the contractor has not yet reviewed and approved Change Order Nos. 52
and 57. Staff recommends approval of these change orders now using the engineer's calculated
quantities and without the contractor's signature. If the contractor later submits acceptable
justification for a revision to any of these change orders, staff will review the additional information
and if changes are warranted, a revised contract change order will be placed on a future City
Council agenda.
The Westside Parkway was opened to the public on August 2, 2013; however, there are various
items of work that the contractor is continuing to complete in the next few weeks. Change Orders
46, 52, and 57 are the last change orders that have been identified by staff and the construction
manager to be processed for changes to the work. However, it is normal to have a final
balancing change order with the final pay estimate that would close -out the project. Staff will
continue to work with the contractor and the construction manager to complete final quantities
and develop the proposed final pay estimate after the contractor finishes his review of the work
completed. It is anticipated that this change final balancing change order will be presented to
the City Council within a few months.
There is no General Fund impact associated with these change orders.
Tdw:G:\ GROUPDAT WDMINRPT\2013 \09- 25Wdmin Rpt WSP Phase 4.docx
ADMINISTRATIVE REPORT
LIF
MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: September 12, 2013
APP/(ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 15 and 17 to Agreement No. 11 -011 with MGE
Underground, Inc. ($65,118.32; revised not to exceed $4,731,853.41; change orders
funded with transportation development funds) for the Construction of the Westside
Parkway Phase 6A Project (TRIP) (Ward 4).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: The Westside Parkway Phase 6A Utility Relocation Project consists of relocating
approximately 3000 feet of 16 -inch waterline, about 2800 feet of 36 -inch sewer main line, and the
construction of a concrete box culvert for the canal that supplies the Rosedale -Rio Bravo Water
Storage District recharge operations. The project also includes the construction of a detour for
Allen Road in the area of the Westside Parkway. All this work was in preparation for the Westside
Parkway Phase 6B project, which is the Allen Road Interchange /Bridge.
Change Order No. 15 provides compensation to the contractor for settlement of all Notice of
Potential Claims and delays contractor has claimed for this project. This change order includes
full and final compensation and fully resolves all aspects of all existing and potential claims by the
contractor. This change order results in a net increase of $257,743.17.
Change Order No. 17 is a final balancing change order to adjust the original bid item quantities
with the actual quantities installed and constructed with the project. This change order results in
a net decrease of $192,624.85.
Staff recommends approval of Contract Change Order Nos. 15 and 17. Change Orders to date,
including these proposed Change Orders, total $87,631.01. This is a 1.9% increase over the original
Agreement as illustrated below:
Original Contract Amount = $ 4,644,222.40
Previous Change Orders = $ 22,512.69
• Current Change Order Nos. 15 and 17 = $ 65,118.32
Amended Contract Agreement after Change Order = $ 4,731,853.41
Net Increase to date = $ 87,631.01
Sufficient funds have previously been budgeted to fund these contract change orders.
These two change orders are the final documentation needed to close out this project. There is
no General Fund impacted associated with these change orders.
Tdw:G: \GROUPDATWDMINRPT \2013 \09- 25Wdmin Rpt CCO 15 and 17 WSP Phase 6A.docx
MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 9, 2013
SUBJECT: Accept bid from Raceway Ford, Riverside,
twenty five (25) replacement full size '/2 ton
the Water Resources and Recreation and
Works Engineering, General Services, Solid
(Citywide)
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
in the amount of $451,423.13 for
two wheel drive pickups for use by
Parks Departments and the Public
Waste and Wastewater Divisions.
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were solicited from suppliers of pickup trucks. Eleven (11) bids
were received in response to the solicitation.
The apparent low bid submitted by Jim Burke Ford, Bakersfield, was based on 2013 models and
included the contingency that orders must be placed by August 23, 2013 whereby rendering
the proposal unacceptable given the next scheduled Council meeting was not until
September. Our bid specifications require that bid pricing be available for 90 days after the bid
opening. An alternate bid submitted by Jim Burke Ford based on 2014 models is also listed
below. The Council policy on local bid preference is to apply the 3`lb discount factor only if the
local vendor is in 2nd place. The local vendor bid in this case is #3, thus the policy does not
apply.
Twenty (20) of the pickups to be replaced are CNG powered and replacement parts related to
CNG are no longer available. The five (5) remaining units to be replaced have high mileage
and have reached their useful life. All twenty five (25) replacement units will be gasoline
powered.
The eleven (11) bids received (including the unacceptable contingent bid) are as follows.
Purchasing Division/kb
SAPURCHWDMINWdmin 13- 14\Fullsize One Half ton 2WD pickups, 13 -14 -09, September 25, 2013.docx
September 11, 2013
VEHICLE
ACCEPTABLE
BIDDER
AMOUNT
YEAR /MODEL
YES /NO
Jim Burke Ford, Bakersfield, CA
$439,032.47
2013 Ford F -150
No
Raceway Ford, Riverside, CA
$451,423.13
2014 Ford F -150
Yes
Paso Robles Ford, Paso Robles, CA
$453,653.13
2014 Ford F -150
Yes
Jim Burke Ford, Bakersfield, CA
$454,539.34
2014 Ford F -150
Yes
Purchasing Division/kb
SAPURCHWDMINWdmin 13- 14\Fullsize One Half ton 2WD pickups, 13 -14 -09, September 25, 2013.docx
September 11, 2013
ADMINISTRATIVE REPORT
Motor City Buick GMC, $515,624.19 2014 GMC Sierra 1500 Yes
Bakersfield, CA
H. W. Hunter, Inc., Lancaster, CA $536,643.75 2014 Dodge Ram 1500 Yes
McPeek's Dodge of Anaheim, $536,992.13 2014 Dodge Ram 1500 Yes
Anaheim, CA
Crown Dodge Chrysler Jeep Ram, $546,775.63 2014 Dodge Ram 1500 Yes
Ventura, CA
South County Chrysler Jeep Dodge, $590,554.38 2014 Dodge Ram 1500 Yes
Gilroy, CA
Greenwood Chevrolet Buick GMC, $643,794.39 2014 Chev. Silverado Yes
Hollister, CA
Greenwood Chevrolet Buick GMC, $644,519.38 2014 GMC Sierra 1500 Yes
Hollister, CA
Funds are available in the Equipment Management Fund for the purchase of twenty five
(25) replacement two wheel drive full size pickups (14- Recreation and Parks, 4- Engineering,
2- General Services, 2- Wastewater, 1 -Solid Waste and 2 -Water Resources).
Staff finds the bid submitted by Raceway Ford, Riverside, to be acceptable.
Purchasing Division/kb
SAPURMADMINWdmin 13- 14\Fullsize One Half ton 2WD pickups, 13- 14 -09, September 25, 2013.docx
September 11, 2013
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ADMINISTRATIVE REPORT
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MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM: $.
TO: Honorable Mayor and City Council
FROM: Raul M. Rows, Public Works Director
DATE: September 12, 2013
APPAOVED
DEPARTMENT HEAD X=�
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Sturgeon Services International, Inc.
($48,130.00) for the Demolition of Improvements at 1023 34th Street and at 305 Dr.
Martin Luther King Jr. Blvd. (Wards 1 & 2).
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: City Code Enforcement has determined these buildings to be unsafe for
occupancy and has issued a notice to the respective owners to demolish these buildings or the
City will contract for the demolition services. The Building Department will place an assessment on
the property taxes to recover this expense.
The Engineer's Estimate was $82,000.
On August 27, 2013, a total of seven bids were received, six of those bids are acceptable. Those
acceptable bids are as follows:
Sturgeon Services International, Inc.
3511 Gilmore Ave.
Bakersfield, CA 93308 (County) in the amount of $48,130.00
5M Contracting, Inc.
2691 Dow Ave. Ste. C -2
Tustin, CA 92780 in the amount of $53,235.00
MD Concrete Cutting & Demolition
7501 Downing Ave.
Bakersfield, CA 93308 (County) in the amount of $54,000.00
Midwest Environmental Control
4919 Contractor Road
Edwards AFB, CA 93523 in the amount of $54,059.84
Soils Engineering, Inc.
4400 Yeager Way
Bakersfield, CA 93313 (City) in the amount of $73,889.00
PW /Design Engineering /BM /Q4D001 & Q4D002
September 12, 2013, 3:39PM
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ADMINISTRATIVE REPORT
Unlimited Environmental
1390 32nd Street
Signal Hill, CA 90755 in the amount of $79,325.00
Sufficient funds are budgeted to award this project with Capital Outlay Funds providing the
funding source.
PW /Design Engineering /BM /04D001 & Q4D002
September 12, 2013, 3:39PM
G: \GROUPDATWDMINRPT \2013 \09- 25\Admin_ Demolition Of Improvements At 1023 34th St. & 305 Dr.MLK Jr. Blvd..Doc
A
ADMINISTRATIVE REPORT
MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. r.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: September 16, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ✓6_
CITY MANAGER 6
SUBJECT: Authorization for the City Attorney and City Manager to execute property tax
sharing agreement with the County of Kern regarding apportionment of
property tax revenues upon annexation of territory to the City of Bakersfield as
Annexation No. 517 generally located South of Panama Lane between
Progress Road and Old River Road (Ward 5)
RECOMMENDATION:
Staff recommends the City Council authorize the City Attorney and City Manager to execute
property tax sharing agreement with County.
BACKGROUND:
On April 17, 2013 the Bakersfield City Council adopted Resolution No. 037 -13 to initiate
proceedings for Annexation No. 517 (Panama No. 20). The territory consists of 103.13 acres
and is located within a county island located south of Panama Lane, between Progress
Road and Old River Road. This territory is adjacent to the City limits and is within the City's
Sphere of Influence.
State Revenue and Taxation Code requires the County and City to agree on a property tax
exchange in consideration of the service responsibility being transferred from one jurisdiction
to another as part of the annexation process. The deadline for an agreement for this
annexation is October 11, 2013. Without an agreement in place, this annexation will be
terminated by the Local Agency Formation Commission (LAFCo).
In early 2012 the County reinterpreted a long- standing Memorandum of Understanding
(MOU) defining how property taxes should be divided when the City annexes land. This
reinterpretation resulted in the Auditor - Controller's Office reducing the City's property tax
allocations by approximately 40.percent on a cumulative 36 square miles of previously
annexed land. Subsequently, the City filed litigation against the County and no new
annexations have been pursued.
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However, due to the damaging impact to the developer and neighborhood absent this
annexation, City staff reached out to the County on multiple occasions and requested a
hardship exemption be applied to this specific annexation. In response, the County provided
a calculation for exchange of property taxes which provides the City with a equivalent level
of property tax revenue as it would have received prior to the County's reinterpretation of
the MOU for this annexation only. City staff has responded to the County notifying them that
staff is in agreement in principle with moving forward with the proposed calculations and
that time is of the essence in completing the agreement to meet the LAFCo deadline. In
addition, staff provided the County a draft agreement for consideration.
Under the County's proposal, which was memorialized into the draft agreement, the County
will transfer a percentage of property tax to the City (61.23% of an adjusted entitlement for
the annexation area). Additionally, in accordance with the Joint Powers Agreement for fire
protection services, the City will receive 100 percent of the fire fund as fire protection for this
area is the responsibility of the City. The draft agreement also includes a clause which states
the contract would not be admissible as evidence in the current litigation between the City
and County regarding property tax allocations. Sales tax is not subject to the agreement
and the City will retain any sales tax generated from the annexation area.
Due to the timing of the County's proposal, the City Council meeting date and the LAFCo
deadline, staff is recommending the City Council authorize the City Attorney and City
Manager to execute the property tax sharing agreement with County for this specific
annexation.
If the agreement is executed and the annexation is approved by LAFCo, the agreement
becomes effective once the property is officially within the City limits.
Succlemental Information
The property owner, Old River, LLC has been developing two tracts of homes on land within
the City's jurisdiction adjacent to the proposed annexation territory since 2005. As the
recession deepened, the developer continued to build, albeit at a much reduced pace -
and subsequently, this proposed annexation was not processed at that time. With the recent
improvements in the local economy, the developer is now experiencing increased demand
for additional homes for the neighborhood.
Without annexation, the developer is unable to build out the remaining 300± lots planned for
the balance of the neighborhood. The proposed annexation area also includes a portion of
a future 9 acre City park site which at this time there is not sufficient revenues to construct or
maintain. The remainder of this development planned for the annexation territory is critical to
achieving the full build out of the neighborhood park.
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MEETING DATE: September 25, 2013 AGENDA SECTION: Consent Calendar
ITEM: S.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 12, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p,,
CITY MANAGER /Vs
SUBJECT: Receive and file successor agency payments from August 29, 2013 to
September 12, 2013 in the amount of $349,514.98
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2014\ADMIN—SA 09- 25- 13.doc 1
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ADMINISTRATIVE REPORT
1
MEETING DATE: September 25, 2013 AGENDA SECTION: Reports
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: September 18, 2013 CITY ATTORNEY
CITY MANAGER ..S
SUBJECT: Agreement with the Bakersfield Society for the Prevention of Cruelty to Animals
(SPCA) ($742,000) for the management of the City of Bakersfield Animal Care
Center.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND: The City of Bakersfield's current Animal Shelter Agreement with the County of
Kern is set to expire on September 30, 2013. As a result, the City will be providing for the care and
shelter of stray and otherwise unwanted animals in the City of Bakersfield through a new
partnership with the Bakersfield SPCA and the Bakersfield Homeless Center.
The SPCA is an independent, non - profit organization founded in 1949 which advocates the
general welfare and humane treatment of animals through shelter, prevention of pet
overpopulation and adoption. Through this Agreement, the City will utilize the established
expertise of the SPCA to manage the City's newly established animal care center beginning
October 1, 2013. The City will be supplementing the management services of the SPCA with
support from City staff dedicated to the operation of the City of Bakersfield Animal Care Center
and additional labor provided through a separate Agreement with the Bakersfield Homeless
Center (which is also on your agenda for approval).
Services:
The SPCA will have a broad range of responsibilities related to the management of the City of
Bakersfield Animal Care Center (which will be located at 201 South Mount Vernon Avenue)
including but not limited to the following areas:
• Intake and processing of animals during the hours the facility is open to the public;
• Daily management of the facility including:
- Appropriately placing animals within the facility
-Daily cleaning of kennels and feeding of animals housed at the facility
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- Supervision of daily operations including contract Animal Care Workers
- Purchasing of shelter supplies including food, vaccines, medical supplies and other
necessary supplies for the ongoing maintenance of the facility
- Provide lead Animal Care Workers for the facility
Facilitate adoption and rescue activities; and
Provide for needed veterinary services.
In addition, the SPCA will be obligated to provide the City with monthly accounting of costs as
well as information regarding the origin and type of animals coming into the facility. This
information will allow the City and SPCA to coordinate proactive frontline efforts designed to
reduce the number of animals ultimately needing to be cared for through the facility.
Compensation:
In return for providing the service described above and in the attached Agreement, the City will
pay the SPCA a total of $742,000 for the first year of this Agreement. The $742,000 includes
$645,000 towards the costs of the services being provided and a $97,000 management fee
component for the provision of those services.
The above compensation is based on an estimated annual intake of 10,000 animals. It is
understood by both the City and the SPCA that until we have actual data to rely on, estimates of
intake and cost must be used. For that reason, the Agreement includes provisions for
adjustments in the compensation for the scope of services being provided (either up or down)
based on actual intake levels after the first six months of the Agreement.
Term:
The Agreement with the SPCA is to begin on October 1, 2013 and run through September 30,
2014. The Agreement also includes provisions for three consecutive one -year extensions unless
either party terminates the Agreement by providing 30 days written notice to the other party.
City staff is excited by the opportunities that will result through this new collaboration with the
SPCA. Opportunities which include better coordination between the City's Animal Control Field
Operations and those being provided at the animal care center, improved care and
management of the animal population being served at the center, expansion of resources being
made available to the public by the center, and a strong focus on finding permanent homes for
the animals that become adoptable through the center. Staff is optimistic that these
opportunities along with the continuation /expansion of proactive frontline programs will
ultimately lead to a smaller animal population needing transitional care.
Funding for this Agreement will primarily come from funds already budgeted in the Police
Department's Operating Budget originally intended for payment to the County for providing
shelter services. Staff does anticipate returning to Council in the near future for approval of
budget amendments related to the operation of the animal care center.
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ADMINISTRATIVE REPORT
MEETING DATE: September 25, 2013 AGENDA SECTION: Reports
ITEM: it. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
September 18, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Agreement with the Bakersfield Homeless Center to provide staff for the City of
Bakersfield Animal Care Center, in an amount not to exceed $210,000.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND: The City of Bakersfield's current Animal Shelter Agreement with the County of
Kern is set to expire on September 30, 2013. As a result, the City will be providing for the care and
shelter of stray and otherwise unwanted animals in the City of Bakersfield through a new
partnership with the Bakersfield SPCA and the Bakersfield Homeless Center (BHC).
BHC has established an outstanding track record of providing the City with an efficient source of
quality staffing for several City operations. Operations which have benefited from the City's
partnership with BHC include the City's Green Waste Facility and the City's Highway Litter
Removal Program. Based on this positive experience, the City and BHC see the City's operation
of the City of Bakersfield Animal Care Center as a new opportunity to expand the existing
partnership. Through this Agreement, the City will be provided with a reliable and highly
motivated workforce while at the some time creating new opportunities for clients of the BHC to
reestablish themselves through gainful employment. This arrangement is seen as a win -win
proposition by both agencies.
Services:
BHC will provide a contingent of nine (9) animal care workers, many of which have been training
at the SPCA for the past several weeks. The staff provided will work varying shifts as needed and
will perform their duties primarily under the direction of the SPCA. Duties identified in the
Agreement include:
• Providing food and water to animals that are being cared for;
• Continual cleaning and disinfecting of all areas of the facility; and
• Perform various other day to day duties as directed.
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Compensation:
In return for providing the service described above and in the attached Agreement, the City will
pay BHC a total amount not to exceed $210,000 for the first year of the Agreement. Payment will
be made based on the monthly hours worked and invoiced by BHC. In addition, the City will
make a one -time payment of $5,000 on October 1, 2013 to provide funding for initial start -up
costs. This amount is included in the not to exceed amount of $210,000.
Term:
The Agreement with BHC is to begin on October 1, 2013 and run through September 30, 2014.
The Agreement also includes provisions for three consecutive one -year extensions unless either
party terminates the Agreement by providing 30 days written notice to the other party.
City staff is excited to expand our relationship with BHC through the approval of this Agreement.
This relationship has proven to be successful in not only providing the City needed labor
resources, but more importantly, to date, providing over 40 citizens the opportunity to establish
independent housing outside of the services provided by BHC. With the addition of this
agreement, the City will be providing a total of 39 job opportunities to clients of BHC between
the Green Waste, Litter Removal and Animal Care Center programs.
Funding for this Agreement will primarily come from funds already budgeted in the Police
Department's Operating Budget originally intended for payment to the County for providing
shelter services. Staff does anticipate returning to Council in the near future for approval of
budget amendments related to the operation of the animal care center.
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t
MEETING DATE: September 25, 2013 AGENDA SECTION: Deferred Business
ITEM: 12. Q
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 17, 2013
SUBJECT: TRIP Financing and Validation Action
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER k5
Resolution Approving the Execution and Delivery of City of Bakersfield Gas Tax,
Transportation Impact Fee and Restricted Utility Franchise and Surcharge Revenue
Certificates of Participation, Series 2013 (Thomas Roads Improvement Program)
pursuant to a Trust Agreement, Authorizing the Execution and Delivery of a Trust
Agreement, a Certificate Purchase Agreement, and an Installment Sole Agreement
and Authorizing the Institution and Filing of a related Validation Action and other
matters related thereto.
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND:
In January 2008 the City Council directed staff to move forward with the steps necessary to
commit City funds to advance the completion of the Thomas Roads Improvement Program,
including a future debt issuance estimated at $246 million. This Council action supported the
acceptance of the Federal earmark funds and set in motion a series of commitments
supporting the projects to completion.
In February 2013 staff provided an overview of a financial plan to use both short term and
long term financing mechanisms to ensure the local funds necessary to complete the
various TRIP projects will be available when needed to pay project cost expenditures. The
overview also outlined for the Council various future council actions that would be needed
to facilitate the future financings, including the approval of master financing documents
and the authorization of filing a validation action with the court.
In June 2013 staff provided another report to the Council which provided greater details
regarding both the revenue streams planned for pledge toward future debt repayment as
well as additional details regarding the various financing mechanisms available to the City,
with specific discussion regarding the need to proceed with a Legal Validation procedure
with the court to certify the legality of a debt issuance with the specific revenue streams as
pledge for repayment.
The Budget and Finance committee further reviewed and discussed various issues
surrounding the pledge of revenues, project cost estimation procedures, validation process,
September 17, 2013, 2:13PM
S:\Admin\Admin Reports\Admin - TRIP Financing Validation Resos Sept 2013.doc
traffic flow models, and project time schedules at their July 29 and August 30 committee
meetings. Copies of the administrative reports for those meetings and the related reports
are included in your agenda packet. The Committee also discussed Councilmember
Maxwell's referral regarding a possible ballot measure action to obtain voter approval of the
future TRIP funding. It is the opinion of staff that the City Council made a commitment to the
TRIP program in 2008 and in the hundreds of votes on TRIP related issues since that time. The
program is far too "down the road" for a vote at this time. The Committee decided to bring
the idea back to the full Council for further discussion. A copy of the staff response to the
referral item is included in your packet.
The TRIP program funding obligates the City to provide a local matching component to the
Federal earmark funding in order to fund the total costs of each project. We are at the point
now where we need to start laying the legal and financial groundwork to facilitate both
short term and long term financings that will be needed to complete the various TRIP
projects.
The Resolution before you this evening accomplishes the following:
- approves the form and substance of certain financing documents, including a
Master Trust Agreement, a Certificate Purchase Agreement, an Installment Sale
Agreement and Revenue Certificates of Participation, and
- Authorizes the filing of the related Legal Validation Action.
The financing documents include various "maximum /not to exceed" terms and conditions
intended to cover a broad spectrum of possible financing conditions. The table below
provides two likely scenarios (TIFIA and non - TIFIA) as well as the "maximum /not to exceed"
figures provided in the draft financing documents.
City of Bakersfield - Validation Procedure
Document Preparation for Maximum - Not to Exceed Figures
Item Description
Principal Borrowing
Amount
Construction
Cost
Reserve Fund
Underwriter /other
fees
Total
Anticipated Anticipated
Maximum
TIFIA Loan Traditional
Not to Exceed
COP
for Document
Scenario
269,500,000
Financing Filing
269,500,000
270,500,000
17,000,000
500,000 2,500,000 2,500,000
270,000,000 288,000,000 290,000,000
September 17, 2013, 2:13PM
S:\Admin\Admin Reports\Admin - TRIP Financing Validation Resos Sept 2013.doc
ADMINISTRATIVE REPORT
The figures and amounts shown in the table above are intended to show two potential
outcomes, with the far right hand column showing the maximum / not to exceed amounts to
be considered during the legal validation process by the court.
None of these figures obligates the City to borrow any specified amount, nor does this action
obligate the City to pay any specified interest rate or fee. The figures are proposed to be set
as they are listed to provide some level of flexibility when we get to the point of actually
pricing and sizing the long term debt obligations, which could be as long as two or three
years from now. Keep in mind that the Legal Validation procedure validates both the
maximum debt issuance and the nexus of revenues pledged to repay the debt.
Please be assured that any actual borrowing transaction, whether short term or long term,
will come back before the City Council for approval.
The cost of the validation action, if unchallenged, is expected to cost between $15,000 and
$25,000 since the City has already incurred the costs of drafting the financing documents. If
the case is challenged, we estimate the cost of defending the validation in court will cost in
the neighborhood of $175,000 to $225,000.
Staff recommends adoption of the Resolution to approve the form and substance of the
documents and authorize the filing of the validation action.
September 17, 2013, 2:13PM
S:Wdmin\Admin Reports\Admin - TRIP Financing Validation Resos Sept 2013.doc
TIFIA
Traditional
Not to Exceed
Interest
Rate
4.00%
6.00%
7.50%
Final Maturity Date /Term
33 year
25 to 30
of Borrowing
maximum
years
40 years
with 2 to 3
with 5 year
year delay
(Dec. 31,
deferral
start
2053)
Underwriter Discount Rate
1.50%
short term
borrowings
n/a
1.25%
long term
borrowing
0.00%
0.70%
The figures and amounts shown in the table above are intended to show two potential
outcomes, with the far right hand column showing the maximum / not to exceed amounts to
be considered during the legal validation process by the court.
None of these figures obligates the City to borrow any specified amount, nor does this action
obligate the City to pay any specified interest rate or fee. The figures are proposed to be set
as they are listed to provide some level of flexibility when we get to the point of actually
pricing and sizing the long term debt obligations, which could be as long as two or three
years from now. Keep in mind that the Legal Validation procedure validates both the
maximum debt issuance and the nexus of revenues pledged to repay the debt.
Please be assured that any actual borrowing transaction, whether short term or long term,
will come back before the City Council for approval.
The cost of the validation action, if unchallenged, is expected to cost between $15,000 and
$25,000 since the City has already incurred the costs of drafting the financing documents. If
the case is challenged, we estimate the cost of defending the validation in court will cost in
the neighborhood of $175,000 to $225,000.
Staff recommends adoption of the Resolution to approve the form and substance of the
documents and authorize the filing of the validation action.
September 17, 2013, 2:13PM
S:Wdmin\Admin Reports\Admin - TRIP Financing Validation Resos Sept 2013.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 11, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 p.m.
1. ROLL CALL
Present: Vice -Mayor Weir, Councilmembers
Rivera, Maxwell, Smith, Hanson, Sullivan,
Johnson (seated at 3:35 p.m.)
Absent: Mayor Hall
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) for
the following:
Jetunda Wright v. City, et al., USDC Case
No. 1: 11 -CV-00954-LJO-J LT.
2. Edward Colson v. City, Kern County
Superior Court Case
No. S- 1500 -CV- 277378 -DRL.
b. Conference with Legal Counsel - Initiation of
Litigation; Closed Session pursuant to
Govemment Code Section 54956.9 (d) (4) (one
potential case).
C. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code
Section 54956.9 (d) (2), (e) (1). (one matter).
ACTION TAKEN
Motion by Councilmember Hanson to adjourn to APPROVED
Closed Session at 3:36 p.m. AS HALL
Bakersfield, California, September 11, 2013 - Page 2
3. CLOSED SESSION continued ACTION TAKEN
Motion by Councilmember Maxwell to adjourn from APPROVED
Closed Session at 4:50 p.m. AB HALL
4. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) for
the following:
1. Jetunda Wright v. City, et al., USDC Case
No. 1:11 -CV- 00954- LJO -JLT.
2. Edward Colson v. City, Kern County
Superior Court Case
No. S -1 500 -CV- 277378 -DRL.
b. Conference with Legal Counsel - Initiation of
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (4) (one
potential case).
C. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code
Section 54956.9 (d) (2), (e) (1). (one matter).
5. ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 5:21 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
CASE SETTLED IN THE
AMOUNT OF $75,000
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
Bakersfield, California, September 11, 2013 - Page 3
REGULAR MEETING -5:22 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Rivera, Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None.
2. INVOCATION by Councilmember Sullivan.
3. PLEDGE OF ALLEGIANCE by Taylor Burton, 1 S' grade
student at Independence Elementary School.
Mayor Hall acknowledged the students from the Ridgeview
High School Government class in attendance at the meeting
to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
KC the Bull, and Kern County Fair CEO Mike
Olcott, declaring September 18 through
September 29, 2013, as Kern County Fair Days.
KC the Bull and Mr. Olcott accepted the
Proclamation and made comments.
b. Presentation by Mayor Hall of a Proclamation to
Links for Life Board of Directors President,
Stephanie Lynch, declaring October, 2013,
Paint the Town Pink Month.
Stana Bright and Jennifer Henry, Executive
Director of Links for Life, accepted the
Proclamation and made comments.
Mayor Hall acknowledged the students from the Bakersfield
College Political Science class in attendance at the meeting
to learn about City government.
5. PUBLIC STATEMENTS
a. Curtis J. Bingham, Sr., spoke regarding making
law enforcement the number one priority and
expressed his appreciation for the 10 additional
officers.
ACTION TAKEN
Bakersfield, California, September 11, 2013 - Page 4
5. PUBLIC STATEMENTS continued
b. The following individuals spoke in opposition to
a High Speed Rail station in the downtown
area and the current proposed alignment: Jeff
Taylor; Carol Bender; Michael Kennedy,
Principal of Bethel Christian School, also a
representative from the First Free Will Baptist
Church in Bakersfield (submitted written
material); and Dr. Anil Mehta.
C. Robert Braley spoke regarding the Centennial
Corridor, 24th Street, Highway 178, and the
Hosking Road Interchange projects and
indicated he would like to have the finance
manager provide a new public presentation
regarding the figures for all four of these
projects; and he submitted written material.
d. Chuck Naus, owner of Nature's Food Market
and Juice Bar, spoke regarding the the
defective and dilapidated curbs, gutters
and sidewalks between 19th Street and moving
north to 21st Street on the east side of G Street;
and he submitted written material.
Councilmember Maxwell asked staff to address
Mr. Naus' concerns, and he also urged
anybody else that has those kinds of concerns
to give him a call on his cell phone which is
available on the City's website.
e. Dennis Fox spoke regarding the Humane
Society of the United States and obtaining
funding for the new Habitat Conservation Plan.
f. Glenda Pearson spoke regarding outdoor
advertisement billboards and asked that the
Council adopt an ordinance governing the
content of outdoor advertising in the City.
Councilmember Sullivan asked staff to look Into
and report back regarding whether or not
outdoor advertising content can be regulated
by the City.
g. The following individuals spoke in opposition to
a Human Life Ordinance: David Davis and
Jane Prewitt.
ACTION TAKEN
Bakersfield, California, September 11, 2013 - Page 5
5. PUBLIC STATEMENTS continued ACTION TAKEN
h. The following individuals spoke in support of a
Human Life Ordinance: Deborah Hall, Terri
Palmquist, Tim Palmquist, and George Moreno, Sr.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 14, 2013,
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
August 2, 2013, to August 28, 2013, in the
amount of $18,465,878.88 and self- insurance
payments from August 2, 2013, to August 28,
2013, in the amount of $636,167.95 totaling
$19,102,046.83.
Ordinances:
C. Adoption of Ordinance amending the Official ORD 4736
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,
located at the southeast corner of Seventh
Standard Road and Calloway Drive. (ZC# 13-
0136 - McIntosh & Associates representing Kern
Land Partners, LLC). (FR 08/14/13)
d. Adoption of Ordinance amending the Official ORD 4737
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).
(FR 07/17/13)
8.
Bakersfield, California, September 11, 2013 — Page 6
CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
e. Resolution confirming approval by the City RES 109 -13
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City for
which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and authorizing
collection of the assessments by the Kern
County Tax Collector.
f. Replacement of aeration blower at
Wastewater Treatment Plant No. 3:
Resolution determining that a certain RES 110 -13
Siemens replacement aeration blower at
Wastewater Treatment Plant No. 3
cannot be obtained through the usual
bidding procedures because of the
need to integrate blower into the existing
treatment plant process and authorizing
the Finance Director to dispense with
bidding therefor, not to exceed
$350,000.
2. Appropriate $350,000 Sewer Enterprise
Fund balance (Wastewater Treatment
Plant No. 3) to the Public Works
Department's Capital Improvement
budget.
g. Resolution determining that certain Motorola
radio equipment cannot be obtained through RES 111 -13
usual bidding procedures because of the need
to integrate into the existing Police Department
Communications Center radio infrastructure
and authorizing the Finance Director to
dispense with bidding therefor, not to exceed
$80,000.
h. Resolution dispensing with bidding procedures RES 112 -13
due to urgent necessity to operate the animal
shelter.
Bakersfield, California, September 11, 2013 — Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
New and Revised Job Specification, Change to
Salary Schedule and Reclassification:
1. Amendment No. 1 to Resolution RES 079 -13(1)
No. 079 -13 approving Memorandum of
Understanding for employees of the Blue
and White Collar Units and adopting
salary schedule and related benefits for
Community Development Technician
and Associate Planner 1 /II.
2. Revised Job Specification: Building
Inspector 1 /II #27140/ #27080; Building
Inspector III - Generalist #58600; Building
Inspector III - Electrical Specialist #58610;
Building Inspector III - Plumbing and
Mechanical #58620; Principal Planner
#59890.
3. Title Change: Community Development
Technician #25030.
4. New Job Specification: Associate
Planner 1 /II #25040/ #27060.
5. Reclassification: Assistant Planner,
Development Assistant and
Development Associate to Associate
Planner 1 /II and Building Permit
Technician and Planning Technician to
Community Development Technician.
Revised Job Specifications and Change to
Salary Schedule:
Amendment No. 1 to Resolution RES 080 -13(1)
No. 080 -13 setting salaries and related
benefits for officers and employees of
the General Supervisory, Police
Supervisory and Management Units and
adopting salary schedule and related
benefits for Information Technology
Supervisor.
2. Revised Job Specification: Engineering
Technician 1 #25270.
3. Title Change and Revised Job
Specification: Information Technology
Supervisor #57160.
Bakersfield, California, September 11, 2013 — Page 8
8. CONSENT CALENDAR continued
3
M.
Sewer connection fee assessment for 4921
Elysium Street:
1. Resolution confirming assessment for
sewer connection fee and authorizing
the collection of assessment by the Kern
County Tax Collector.
2. Agreement with Lara D. Bass, to pay
sewer connection fee in installments.
Sewer connection fee assessment for 3825
Green Hills Street:
Resolution confirming assessment for
sewer connection fee and authorizing
the collection of assessment by the Kern
County Tax Collector.
2. Agreement with Theodore R. and Tracy
A. Merickel, to pay sewer connection
fee in installments.
Sewer connection fee assessment for
1921 Wade Avenue:
1. Resolution confirming assessment for
sewer connection fee and authorizing
the collection of assessment by the Kern
County Tax Collector.
2. Agreement with Margaret J. Lancaster,
to pay sewer connection fee in
installments.
n. Sewer connection and construction fee
assessments:
1. Resolution confirming assessments for
sewer connection and construction fees
and authorizing collection of
assessments by the Kern County Tax
Collector.
ACTION TAKEN
RES 113 -13
AGR 13 -144
RES 114 -13
AGR 13 -145
RES 115 -13
AGR 13 -146
RES 116 -13
Bakersfield, California, September 11, 2013 - Page 9
8. CONSENT CALENDAR continued
Item 8.n. continued
2. Agreements with the following property
owners to pay sewer connection and
construction fees in installments through
the Kern County Tax Collector:
a. Tom Morreale, 21 Dunlap Street.
b. April Elaine Castro, 148 Morrison
Street.
C. Deanna L. Mclnnerney,
4100 Joseph Drive.
o. 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 4-116 (2512 Oswell Street).
2. Area 4 -117 (910 O Street).
P. 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. 1760 adding Area 2 -54
(1 100 Valhalla Drive).
2. ROI No. 1761 adding Area 5 -68
(2100 Panama Lane).
Agreements:
q. Consultant Agreement with Niemeyer &
Associates, P.C. ($150,000), for Bakersfield
Amtrak Railroad Track Inspection Services for
the four year period beginning October 1, 2013,
through September 30, 2017.
r. Planned Drainage Area Reimbursement
Agreement with Rio Bravo Investment Group,
LLC (not to exceed $44,993), for improvements
constructed within the Shalimar Planned
Drainage Area.
ACTION TAKEN
AGR 13 -147
AGR 13 -148
AGR 13 -149
RES 117 -13
RES 118 -13
ROI 1760
ROI 1761
AGR 13 -150
AGR 13 -151
Bakersfield, California, September 11, 2013 - Page 10
S. CONSENT CALENDAR continued
Final Tract Map and Maintenance Agreement
with Shaw Property, Inc., for Tract 6390 Phase 1
located south of Berkshire Road and east of
Asseri Street. (continued from the 08/14/13
meeting).
New Habitat Conservation Plan:
Agreement with California Department
of Fish and Wildlife ($694,852), to receive
funds and continue preparation of the
plan.
2. Amendment No. 1 to Agreement
No. 12 -022 with ICF Jones & Stokes
($684,683), to plan and prepare
documentation that will be used for the
plan.
3. Appropriate $694,852 California
Department of Fish and Wildlife Grant to
the Community Development's
Operating budget in the Capital Outlay
Fund.
U. Amendment No. 1 to Agreement No. 11 -128
with Gene Bogart (extending term one year), to
allow the consultant to continue to provide
technical assistance to the Water Resources
Department.
V. Major Overhaul and Repair of Centrifuge No. 4
at Wastewater Treatment Plant No. 3:
Amendment No. 2 to Agreement
No. 12 -133 with Centrisys Corporation
($125,000; revised not to exceed
$325,000), for the project.
2. Appropriate $125,000 Sewer Enterprise
Fund balance (Wastewater Treatment
Plant No. 3) to the Public Works
Department's Capital Improvement
budget.
ACTION TAKEN
AGR 13 -152
AGR 13 -153
ABS JOHNSON
AGR 12- 022(1)
ABS JOHNSON
ABS JOHNSON
AGR 11- 128(1)
AGR 12- 133(2)
W. Contract Change Order No. 1 to Agreement AGR 13 -035
No. 13 -035 with Griffith Company ($10,968.84; CCO1
revised not to exceed $865,641.84), for the
project known as Street Improvements -
Masterson Street from SR178 to Panorama Drive.
Bakersfield, California, September 11, 2013 - Page 11
8. CONSENT CALENDAR continued
Bids:
X. Accept bid with Xylem Dewatering Solutions,
Inc. ($58,039.25), for two replacement trailer
mounted water pumps for the Public Works
Department, Streets Division.
Y. Accept bid with Cyber Computers ($91,022.50)
for one hundred replacement Lenovo desktop
computers for the Information Technology
Division.
Z. Pedestrian Access Improvements - Columbus
Street from River Boulevard to Baylor Street and
Brundage Lane from Cedar Street to South H
Street.
Accept bid and approve contract with
Mora's Equipment & Construction,
($156,205), for the project.
2. Appropriate $154,000 Transportation
Development Act Article 3 Grant funds
and appropriate and transfer $25,000
General Fund balance (Property Tax
Administration Fee Refund) to the Public
Works Department's Capital
Improvement budget within the Bikeway
and Pedestrian Pathway Fund and the
Capital Outlay Fund respectively.
aa. Mohawk Street Improvements from Rosedale
Highway to Siena Lane:
Accept bid and approve contract with
Granite Construction Company,
($3,017,932), for the project.
2. Appropriate $1,000,000 State Local
Partnership Program Grant funds and
$1,500,000 Transportation Development
Fund balance to the Public Works
Department's Capital Improvement
budget within the Transportation
Development Fund.
ACTION TAKEN
AGR 13 -154
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, September 11, 2013 — Page 12
8. CONSENT CALENDAR continued
Miscellaneous:
bb. Department of Housing & Urban Development
(HUD), Community Development Block Grant
(CDBG), HOME Investment Partnership and
Emergency Shelter Grant (ESG) Amendments
for Fiscal Year 2013/14 budgets.
1. Appropriate $499,987 federal CDBG
grant funds to the Operating and
Capital budgets within the CDBG Fund;
Appropriate $85,641 federal HOME grant
funds to the Operating budget within the
HOME fund; and reduce the Emergency
Shelter Grant (ESG) Operating budget by
$17,074 within the CDBG fund.
ACTION TAKEN
CC. Appropriate $2,000 contribution from Target ABS JOHNSON
Corporation to the Police Department's
operating budget in the General Fund to
support the BPD'S Crime Prevention message at
the 2013 National Night Out on August 6, 2013,
and to provide Child Passenger Safety
Technician Training to Kern County Law
Enforcement personnel.
dd. Appropriate $8,000 Other State Shared
Revenues from the Kern County Remote
Access Network (RAN) to the General Fund
Police Department Operating budget, to
purchase a workstation for the newly created
Latent Print Examiner positions and to provide
latent print training to BPD Crime Lab personnel.
ee. Appropriate $20,000 Federal Grant Revenue to
the Fire Department Operating budget within
the Metropolitan Medical Response System
Fund for Hazardous Materials Specialist Training.
ff. Transfer and appropriate $19,000 General Fund
balance (Property Tax Admin Fee Refund) to
the Recreation and Parks Capital Improvement
budget within the Capital Outlay Fund for the
installation of synthetic turf at the City Hall
North.
gg. City position on 2013 Proposed League of
California Cities Resolutions.
S.
Bakersfield, California, September 11, 2013 — Page 13
CONSENT CALENDAR continued
Successor Agency Business:
hh. Receive and file successor agency payments
from August 2, 2013, to August 28, 2013, in the
amount of $43,210.10.
City Clerk Gafford announced a staff memorandum
has been received regarding item 8.c.
Councilmember Johnson announced that he would
abstain, due to conflict of interest, perception of a
conflict on items 8.t. and 8.aa.; and source of income
to his spouse on item 8.cc.
Councilmember Maxwell requested that Item 8.aa. be
removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent
Calendar items 8.a. through 8.hh., with the removal of
Item 8.aa. for separate consideration.
aa. Mohawk Street Improvements from Rosedale
Highway to Siena Lane:
Accept bid and approve contract with
Granite Construction Company,
($3,017,932), for the project.
2. Appropriate $1,000,000 State Local
Partnership Program Grant funds and
$1,500,000 Transportation Development
Fund balance to the Public Works
Department's Capital Improvement
budget within the Transportation
Development Fund.
Motion by Councilmember Maxwell to adopt Consent
Calendar item 8.aa.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing on Resolution of Necessity to
determine the public interest and necessity for
acquisition of certain real property located at
the southwest corner of Rosedale Highway and
Coffee Road (Code CIV. Proc. § 1240.010). (Staff
recommends adoption of Resolution.)
ACTION TAKEN
APPROVED
AGR 13 -155
APPROVED
ABS JOHNSON
RES 119 -13
9.
10.
11.
12.
13.
Bakersfield, California, September 11, 2013 — Page 14
CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
b. Public Hearing to consider a Resolution to RES 120 -13
Amend Development Agreement No. 07 -310 AGR 07- 310(1)
with Castle & Cooke California Inc. and
Bolthouse Properties LLC., for the West Ming
Specific Plan. (Staff recommends adoption of the
Resolution and approval of amendment to the
Agreement.)
Consent Calendar Public Hearings opened 6:29 p.m.
No one spoke.
Consent Calendar Public Hearings closed at 6:30 p.m.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar Public Hearings items 9.a. and 9.b.
HEARINGS
None.
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
a. Formation of the City Police and Fire Services
Community Facilities District No. 2013 -1
Finance Director Smith provided an overview of
the formation of the District.
City Attorney Gennaro provided an overview of
the hearing process.
1. Public Hearing on the following:
a. Formation of the City Police and
Fire Services Community Facilities
District No. 2013 -1 (West Ming
Specific Plan) (the "CFD ");
b. Extent of the CFD;
C. Furnishing of specified types of
services within the CFD; and
d. Proposed rate and method of
apportionment of the special tax
to be levied within the CFD.
13.
Bakersfield, California, September 11, 2013 — Page 15
NEW BUSINESS continued ACTION TAKEN
Item 13.a. continued
The public report prepared by Koppel &
Gruber, Public Finance has been made
available for review prior to the public hearing
and will be incorporated into the record of the
public hearing.
Public Hearing opened at 6:35 p.m.
No one spoke.
Public Hearing closed at 6:35 p.m.
2. Adopt a Resolution to Form a RES 121 -13
Community Facilities District and to levy
a special tax for the City Police and Fire
Services Community Facilities District
No. 2013 -1 (West Ming Specific Plan).
City Clerk Gafford announced that the
City has received no written protests
regarding formation of the District, the
furnishing of a specified type or types of
services within the District, or the levying
of the specified special tax within the
District.
City Attorney Gennaro made staff
comments and recommended adoption
of the Resolution forming the CFD and
levying the special tax as described
previously by Finance Director Smith, as
well as in the Administrative Report.
Motion by Vice -Mayor Weir to adopt the APPROVED
Resolution.
3. Adopt a Resolution of the City calling RES 122 -13
special mailed - ballot election in City
Police and Fire Services Community
Facilities District No. 2013-1 (West Ming
Specific Plan).
City Attorney Gennaro made staff
comments and recommended adoption
of the Resolution calling for a special
mailed - ballot election of existing
property owners within the CFD.
Motion by Vice -Mayor Weir to adopt the APPROVED
Resolution.
Bakersfield, California, September 11, 2013 — Page 16
13. NEW BUSINESS continued
Item 13.a. continued
ACTION TAKEN
4. Adopt a Resolution of the City declaring RES 123 -13
election results in its City Police and Fire
Services Community Facilities District
No. 2013 -1 (West Ming Specific Plan), on
September 11, 2013.
City Clerk Gafford announced that
ballots have been received from all
qualified electors affected by the
Measure; the Measure was approved
with 2,180 votes cast in favor, and "0" no
votes, which represents 100 percent
voter approval for the Measure.
City Attorney Gennaro made staff
comments and recommended adoption
of the Resolution declaring the results of
the election, as stated by the City Clerk,
of the existing property owners within the
CFD.
Motion by Vice -Mayor Weir to adopt the APPROVED
Resolution.
5. First Reading of Ordinance levying a FR
special tax for the Fiscal Year 2013 -2014
and following Fiscal Years solely within
and relating to the City Police and Fire
Services Community Facilities District
No. 2013 -1 (West Ming Specific Plan).
City Attorney Gennaro made staff
comments and recommended First
Reading of the Ordinance levying the
special tax within the CFD.
Motion by Vice -Mayor Weir to give First APPROVED
Reading of the Ordinance.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Smith asked that the recent City
policy of requiring bonds to have Improvement plans
signed be referred to the Planning and Development
Committee for discussion.
Bakersfield, California, September 11, 2013 — Page 17
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan advised she has had
numerous comments from people who are enjoying
the new Westside Parkway.
Councilmember Sullivan pointed out that today is
September 11 th, and is the 12th anniversary of the
attack on the World Trade Center in New York City,
the Pentagon in Washington, D.C., and Flight 93,
which crashed in a Pennsylvania field; and that the
events must never be forgotten, and she urged
everyone to remember those who were lost and their
families.
Mayor Hall announced that he was sworn in as Mayor
on January 2, 2001, and he enjoys it as much today as
he did on the very first day; and that he enjoys serving
the people of Bakersfield and doing whatever he can
to make life better in the City.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:46 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield