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HomeMy WebLinkAbout11/20/13_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETINGS OF NOVEMBER 20, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957 (b) (1)/54957.6. b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. 4. CLOSED SESSION ACTION 5. ADJOURNMENT REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Pastor David Stabenfeldt, 1St Congregational Church, 3. PLEDGE OF ALLEGIANCE by Nathan Audilett, 1 It grade student at Colonel Nichols Elementary School. 4. PRESENTATIONS 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Resolution approving the City Bicycle Transportation Plan (BT Plan), including a finding that the project Is exempt from CEQA. Staff recommends adoption of the Resolution. b. Presentation regarding Bike Lanes and Markings. No actlon required. 7. REPORTS a. Thomas Roads Improvement Program: (TRIP) TRIP Update, 2. Amendment No. 2 to Agreement No. 11 -100 with Parsons Transportation Group, Inc. ($144,000; revised not to exceed $40,709,819. Amendment 88.53% federally funded - $127,483; and 11.47% locally funded - $16,517), for additional professional services for environmental clearance and studies for the Centennial Corridor (State Route -58 Connector) Project. Staff recommends acceptance of the report and approval of amendment. 8. APPOINTMENTS 9. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 6, 2013, Regular City Council Meeting. Payments: b. Receive and file department payments from October 25, 2013, to November 6, 2013, in the amount of $8,455,711.46, and self- Insurance payments from October 25, 2013, to November 6, 2013, In the amount of $78,653.90, totaling $8,534,365,36. Ordinances: C. Adoption of the following Ordinances amending various sections of the Municipal Code: (FR 11106113) 1. Amending Section 2,04, 100 relating to Public Statements at City Council Meetings, 2. Amending Section 2.62.030 relating to Term of Office of Keep Bakersfield Beautiful Members, 3. Amending Section 3.40.040 relating to Reports and Remittances for Transient Lodging Tax, 4. Amending Chapter 3.40 by adding Section 3.40.140 relating to Disclosure of Confidential Information. 5. Amending Section 5.02.010, subsection E, relating to Business License Tax Definitions, 6. Adding Chapter 10.66 relating to Access to Freeways, Expressways or Designated Portions thereof. 7. Amending Section 12.16.140 relating to Security Requirements for Construction Work In Streets. 8. Amending Section 12.56.020, subsection E, relating to Community Parks, 9. Amending Section 13.12.030, subsection B, relating to Development Improvement Standards and Specifications. 10. Amending Chapter 14.04, Sections 14.04.011 and 14.04.240, subsection A, relating to Water Service Areas and Installation of Water Service Connections, 11. Amending Chapter 15.79 relating to Density Bonuses. 12. Amending Section 16.32.060, subsection D, relating to Payment of Fees for Planned Drainage Facilities. 13, Amending Section 17.08.125 relating to Street Setback Exceptions, 14. Amending Sections 17.58.110, subsection E, and 17.58.210 relating to Parking Space Requirements, City Council Meeting of 11 /20/2013 9. CONSENT CALENDAR continued d. Adoption of Ordinance amending Sections 15.04, 15.05, 15.07, 15.09, 15.11, 15.13, 15.15, 15.17 and 15.19 of the Municipal Code relating to the Building and Construction codes, specifically the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code, California Residential Code and California Green Building Code, 2013 editions. (FR 11106113) (Ward 7) e. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to R -3 (Multiple Family Dwelling) on 5.89 acres located along the north side of Taff Highway approximately 900 feet west of Wible Road. (ZC# 13 -0125 - Smith Tech USA). (FR 10116113) (Ward 4) f. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -3 (Multiple Family Dwelling) to R -1 (One Family Dwelling) and R -2 (Limited Multiple Family Dwelling) to R -3 (Multiple Family Dwelling) on approximately 80 acres located at the southeast corner of Stockdale Highway and Heath Road. (ZC# 13 -0127 - Bolthouse Properties, LLC). (FR 10/16/13) g. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing various zone districts to OS (Open Space) and RE (Recreation) as shown on attached maps. (ZC# 13- 0234). (FR 10116113) (Ward 5) h. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One - Family Dwelling) to P.U.D. (Planned Unit Development) on 6.25 acres located at 6901 Ming Avenue. A categorical exemption applies to this project. (ZC # -13 -0260 - In -Shape Health Clubs, LLC, representing Bakersfield Ming, LLC). (FR 11106113) Resolutions: Change to Salary Schedule, New Job Specification and Additional Position: Amendment No. 2 to Resolution No. 079 -13 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Senior Animal Control Officer, 2. Amendment No. 2 to Resolution 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 Animal Control Supervisor, 3. New Job Specification: Senior Animal Control Officer # 27205. 4. Additional Position: Clerk Typist I. 5. Appropriate $32,000.00 of General Fund Balance to the Police Operating Budget within the General Fund. City Council Meeting of 11 /20/2013 9. CONSENT CALENDAR continued J. 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. k. Resolution Identifying Vendors, Healthcare Plans and Setting Rates for Citywide Health Insurance Plans (excluding the Anthem Blue Cross PPO Plans) for Eligible Active and Retired Employees. Agreements: Approval of FY2013 -2014 Emergency Solutions Grant (ESG) Agreements; Bethany Services /Bakersfield Homeless Center ($48,700), for ESG Funds to provide emergency shelter services at 1600 East Truxtun Avenue, 2. The Mission at Kern County ($48,700), for ESG Funds to support emergency shelter activities at 816 E. 21 st Street. 3. Alliance Against Family Violence and Sexual Assault ($17,128), for ESG Funds to support emergency shelter services administered at 1921 19th Street, 4. Flood Bakersfield Ministries ($17,128), for ESG Funds for street outreach services administered at 3509 Union Avenue, 5. Bethany Services /Bakersfield Homeless Center ($71,313), for ESG Funds to provide Rapid Re- Housing Program services administered at 1600 East Truxtun Avenue. (Ward 1) M. Design -Build Construction Projects Agreement with Spohn Ranch Skateparks ($360,000), for design and construction of a skatepark at Planz Park. (Ward 2) n. Utility Agreement with AT &T ($156,868.73; 100% Local), for the relocation of telecommunication facilities in conflict with the widening of the off -ramp from southbound State Route 99 to Rosedale Highway; part of the Beltway Operational Improvements Project. (TRIP) (Ward 2) o. Utility Agreement with Pacific Gas and Electric Company ($4,576,443), for the relocation of electrical transmission facilities In conflict with the Centennial Corridor (State Route 58 Connector) Project. (TRIP) (Ward 3A) P. Rosedale Highway Widening Project; (TRIP) Utility Agreement with Vaughn Water Company ($61,680), for the relocation of water piping and appurtenances. 2. Utility Agreement with Pacific Gas and Electric Company ($236,517), for the relocation of electrical and gas facilities. 3. Appropriate $298,197 Transportation Development Fund balance to the Public Works Capital Improvement Budget within the TDF TRIP Local Match Fund. City Council Meeting of 11 /20/2013 9. CONSENT CALENDAR continued (Ward 3) q. State Route 178 Widening Project: (TRIP) 1. Utility Agreement with Mohave Pipeline Company, LLC ($570,163; 100% Local), for protecting the Mohave Gas Line in place. 2. Utility Agreement with Pacific Gas and Electric Company ($457,191; 100% Local), for the relocation of underground electrical distribution facilities. 3. Utility Agreement with Pacific Gas and Electric Company ($37,949; 100% Local), for the relocation of electrical transmission facilities. 4. Utility Agreement with Pacific Gas and Electric Company ($894,555; 100% Local), for the relocation of overhead electrical distribution facilities. 5. Utility Agreement with AT &T ($219,708.25; 100% Local), for the relocation of overhead telecommunication facilities. (Ward 7) r. State Route 99 /Hosking Avenue Interchange Project: (TRIP) 1. Utility Agreement with AT &T ($82,391), for the relocation of communication facilities In conflict with the project. 2. Appropriate $82,391 Transportation Development Fund balance to the Public Works Capital Improvement Budget within the TDF TRIP Local Match Fund. S. Amendment No. 4 to Agreement No. 09 -171 with Amber Chemicals, Inc. (extending term one year), for continuing the supply of pool chemicals. Bids: t. Accept bid from Jim Burke Ford ($149,075.29) for seven replacement full size extended cab 1/2 ton pickups for use by the Police Department. (Ward 2) U. Accept bid and approve contract with RailWorks Track Services, Inc. ($100,000), for scheduled and on -call maintenance and repair services for the Amtrak Railroad track from H Street to Union Avenue for the period from January 1, 2014 to June 30, 2018. (Ward 7) V. Hosking Avenue Widening and related Improvements from Wible Road to Hughes Lane: 1. Accept bid and approve contract with Bowman Asphalt, Inc. ($775,957). 2. Appropriate $436,000 State Local Partnership Program Grant Funds to the Public Works Department's Capital Improvement Budget within the Transportation Development Fund. (Ward 4) W. Signal and lighting system Installations at the Intersections of Old Farm Road at Hageman Road, and Jewetta Avenue at Hageman Road; Install traffic signal Interconnect on Hageman Road from Old Farm Road to Verdugo Lane: 1. Accept bid and approve contract with Loop Electric Inc. ($508,890). 2. Appropriate $225,000 State Local Partnership Program Grant Funds to the Public Works Department's Capital Improvement Budget within the Transportation Development Fund. City Council Meeting of 11 /20/2013 9. CONSENT CALENDAR continued Miscellaneous: Successor Agency Business: Staff recommends adoption of Consent Calendar Items 9a. through 9. w. 10. CONSENT CALENDAR PUBLIC HEARINGS (Ward 2) a. Public Hearing to consider the Resolution ordering the vacation of the alley located In Block 527, between 28th Street and 29th Street, east of Chester Avenue. A finding that the project is exempt from the California Environmental Quality Act will also be considered. (Staff recommends adoption of the Resolution.) (Ward 2) b. Public Hearing to consider the Resolution ordering the vacation of the 29 -foot alley running north -south In Block 9 of the Kruse Tract, between U Street and V Street, south of Truxtun Avenue. A finding that the project Is exempt from the California Environmental Quality Act will also be considered. (Staff recommends adoption of the Resolution.) 11. HEARINGS 12. DEFERRED BUSINESS a. Ordinance granting to Southern California Gas Company and Its successors and assigns a Franchise to construct, maintain and use pipes and appurtenances for transmitting and distributing gas within the City for any and all purposes. (FR 10116113) Staff recommends adoption of Ordinance. 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT Respectfully submitted, $),�o'r Alan Tandy City Manager 11/14/13 2:15pm City Council Meeting of 11 /20/2013 AGENDA HIGHLIGHTS November 20, 2013 COUNCIL MEETING REGULAR MEETING - 3:30 p.m. NOTE: In accordance with the new starting time for City Council meetings that went into effect as of 2013, a separate meeting will be called to order at 3:30 p.m., followed by Public Statements that will encourage comments pertaining only to Closed Session matters. The Council will recess Into Closed Session and, upon conclusion of the Closed Session, any Closed Session action will be announced and the meeting will be adjourned. At 5:15, the Regular Meeting will be called to order to address the remainder of the agenda Items. There will be one item discussing the City Attorney's Performance Evaluation and one item for a conference with the Labor Negotiator. REGULAR MEETING - 5:15 P.M. Item 6a. Bicycle Transportation Plan, The Community Development Department will be providing the City Council with an overview of the proposed Bicycle Transportation Plan (BT Plan) with staff recommending adoption of a resolution approving the plan. The BT Plan has been in development since late 2011 and is the result of collaboration among multiple stakeholders, including City staff, members of the public, and the City's consultant, Alta Planning and Design. An adopted BT Plan would make the City eligible for state and federal grant funding to add to and improve the City's bicycle facilities. Item 6b. Bicycle Lane Presentation. Public Works Department will be providing the City Council with a general review of bike lane signage, markings and usage. Item 7a 1. Thomas Roads Improvement Program Project Update The Public Works Department will be providing the City Council with a status update on the various Thomas Roads Improvement Program projects, with a specific focus on projects which are now eligible to be completed prior to the connector segment of the Centennial Corridor Project. The completion of these "carve -out" projects will not require any property acquisition other than temporary construction easements (TCE's). Accelerating these sections will result in obtaining the full federal earmark early, creating jobs, improving safety, enhance operability, and it will have a beneficial acceleration to the overall TRIP schedule. Item 7a 2. Amendment to Agreement with Parsons. As a result of the ability to "carve out" certain projects from the larger Centennial Corridor project, certain additional environmental work is required to move these projects forward. The additional work will require Parsons, the program management consultant, to perform additional work outside of the existing agreement. As such, staff is recommending an amendment to the City's agreement with Parsons to incorporate the new scope of environmental work related to the specific projects which are eligible to be accelerated. The cost associated with the amendment is $144,000, which is 88.53% federally funded. • Z!MJ rz • I L= k-_J 11 Item 9m. Agreement with Spohn Ranch Skategarks for the Construction of the Skate Park at Planz Park. In November 2012, the City Council approved a skate park as the replacement amenity for the dormant Planz pool which had been out of operation since 2009 due to budget constraints and maintenance issues. Subsequently, funds were included in the FY 2013- 14 Capital Improvement budget for the skate park project. In July 2013, the City Council approved a resolution which allowed staff to move forward with the design /build procurement process for the project. After considerable review, staff is recommending an agreement be approved with Spohn Ranch Skateparks for the design and construction of an approximately 7,000 sq. ft. skate park at Planz Park. The project is funded by Community Development Block Grant Funds. An anticipated completion date will be forthcoming. Items 9n -r. Utility Agreements for Various TRIP Proiects. Staff is recommending the approval of multiple utility agreements in relation to various TRIP projects. The agreements will allow the City to meet a December 31, 2013 deadline to have utility agreements in place prior to the provisions of "Buy America" becoming a requirement. "Buy America" requires utility agreements associated with federally- funded transportation projects to include provisions that most new materials used by the utility company for the relocation be manufactured in the United States. Unfortunately, some items needed for the relocations are not available from manufacturers in the United States and utility companies nationwide are expressing concern with these requirements. Staff is recommending approval of the agreements at this time to avoid potential delays related to the provisions of "Buy America." _;:_4 Item 12a. Adoption of Ordinance Granting the Southern California Gas Company (SCGI Franchise. The existing franchise agreement with SCH which allows them to provide gas distribution in the city will expire in March, 2014. A new agreement with SCH will include a 1% surcharge above the existing franchise payment in exchange for an indeterminate term of the franchise. Those are the same terms that were agreed upon with PG &E when the City renewed their franchise in 2008. First reading of the ordinance took place at the City Council meeting held on October 16, 2013. If approved, the ordinance will become effective in 30 days. Upon Council approval, SCG will submit its request of the surcharge to the California Public Utilities Commission for approval. Approved: �- Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - November 20, 2013 Council Meeting Page 2 ADMINISTRATIVE REPORT MEETING DATE: November 20, 2013 AGENDA SECTION: Closed Session ITEM: ? C� TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney October 25, 2013 DEPARTMENT HEAD APPROVED CITY ATTORNEY ✓G- CITY MANAGER Public Employee Performance Evaluation — City Attorney Closed session pursuant to Government Code section 54957(b) (1) / 54957.6. VG:Isc S: \COUNCIL \CI Sess\ Adm1ns \13- 14 \11- 20- 13EvaI.CA.docx ADMINISTRATIVE REPORT MEETING DATE: November 20, 2013 AGENDA SECTION: Closed Session ITEM: ,3, b. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V6- DATE: November 12, 2013 CITY ATTORNEY V6" CITY MANAGER IhI SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6. VG:Isc S: \COUNCIL \CI Sess\ Admins \13- 14 \11- 20- 13LoborNeg.docx MEETING DATE: November 20, 2013 AGENDA SECTION: Workshop ITEM: w . it . TO: Honorable Mayor and City Council- APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD Vtt--' DATE: October 31, 2013 CITY ATTORNEY CITY MANAGER 3V_ SUBJECT: Workshop regarding the Bicycle Transportation Plan (All Wards). 1. Resolution approving the City of Bakersfield Bicycle Transportation Plan (BT Plan), including a finding that the project is exempt from CEQA. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The City of Bakersfield is proposing a Bicycle Transportation Plan (BT Plan) in order to provide a bikeway facilities management plan and establish eligibility to apply for future State funding through Caltrans' Bicycle Transportation Account (BTA), as well as other state and federal funding opportunities. The BT Plan identifies opportunities for strategic expansion of the existing bikeways network, such as completing linkage gaps for greater connectivity, creating and expanding educational programs, and qualifying for grants to fund bicycle - related programs. The proposed BT Plan will supplement the General Plan as an implementation measure to enhance and expand bicycling facilities throughout the City. On December 8, 2011, the City Council's Community Services Committee directed Community Development staff to seek grant funding in order to prepare a BT Plan. On February 21, 2012, the City was awarded a grant through a clean air fund created by the Sierra Club and administered by the Rose Foundation for communities and the environment, for the preparation and approval of a Bicycle Transportation Plan (BT Plan). On July 18, 2012, the City entered into an agreement with Alta Planning & Design, an experienced specialist in bicycle transportation and multi -modal transportation planning, to assist staff with the preparation of the Bakersfield BT Plan. In accordance with the California Bicycle Transportation Act, local agencies establish eligibility to apply for funding programs by preparing and adopting a BT Plan that complies with the Streets and Highways Code requirements. The BT Plan must include an examination of existing conditions, perform a needs analysis, provide for community input, and make recommendations concerning bikeway network and program facility improvements. November 12, 2013, 2:40PM KSI S:IDanaIADMINS12013WOV111 -20- Bicycle Transportation Plan.doc ADMINISTRATIVE REPORT The BT Plan presents a proposed bicycle network for the City of Bakersfield based on community input, needs analysis findings, and policies in the General Plan. The proposed improvements are intended to make bicycling more comfortable and accessible for bicyclists of all skill levels and trip purposes. Facility improvements include filling gaps in the existing bikeway system to create a seamless bicycle network and identify new bikeways for consideration, many of which will need further detailed analysis to determine their feasibility. Spot improvements identify specific locations for enhancement, such as providing curb ramps to complete existing paved pedestrian links and crossing improvements to neighborhood schools. The recommendations in this Plan will help the City develop programs to enhance its existing bicycling network for transportation and recreation, encourage fewer trips by car thereby improving the region's air quality, and support active lifestyles. The BT Plan guides the future development of bicycle facilities and programs within the City, and supports the goals and policies of the General Plan. It is important to note that accommodations for contemporary bikeway improvements are standard conditions for all new development in the City of Bakersfield. The primary focus of the BT Plan therefore is on the more established areas of the City that may have current deficiencies. It is also important to note that the BT Plan is a planning document for future improvements as funding for such should become available through grants or other sources. There is no necessary obligation or requirements that the City implement the BT Plan's recommended improvements if funding should not be available. Development of the BT Plan included: two stakeholder group meetings, two community workshops, a public survey, and information on the City's website. The proposed BT Plan was released for public review on August 23, 2013 and the public comment period ended on September 25, 2013. The Planning Commission conducted a public hearing on the proposed BT Plan on September 19, 2013, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the proposed BT Plan. All comments received during the public review period are presented with responses as shown in attached Exhibit B. In response to public comments, minor corrections have been incorporated into this final version of the BT Plan. Staff has determined that the proposed project could not have a significant effect on the environment; therefore, it is exempt from the California Environmental Quality Act (CEQA). Per Section 15262 (Feasibility and Planning Studies), the project is exempt from CEQA because the BT Plan is a planning study that identifies possible future actions and recommendations. As funding becomes available and recommended improvement projects are selected for implementation, consideration of environmental issues under a more detailed CEQA analysis would be completed at a project level basis. Once approved by the developing agency, BT Plans are only effective for five (5) years for State funding eligibility. Upon City Council approval, the BT Plan will be forwarded to the local Regional Transportation Planning Agency, which for our area is the Kern Council of Governments (COG). The COG must subsequently find that that the BT Plan addresses the minimum requirements listed under the applicable sections of the Streets and Highway Code November 12, 2013, 2:34PM KSl S: ID anaIADMINSl2 013WOV111- 20- BicycleTrensportation Plan.doc ADMINISTRATIVE REPORT before the City can be eligible and apply for bicycle facility grants through Caltrans' BTA program in 2014. Staff recommends adoption of the resolution. November 12, 2013, 2:34PM KSI S:1DanaL4DMINS12013WO %111- 20- SicycleTransportation Plan.doc MEETING DATE: November 20, 2013 AGENDA SECTION: Workshops ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 30, 2013 ARPROVE-D DEPARTMENT HEAD /&.,� CITY ATTORNEY AIA- CITY MANAGER SUBJECT: Presentation Regarding Bike Lanes and Markings RECOMMENDATION: BACKGROUND: Staff will provide the City Council with a presentation regarding bike lane signage, marking and usage. GL G: \GROUPDAT \ADMINRPT \2013 \11- 20 \Bikelane Workshop.doc MEETING DATE: November 20, 2013 AGENDA SECTION: Reports ITEM: q, et . TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: November 12, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Thomas Roads Improvement Program (TRIP): 1. Update of TRIP projects. (All Wards) 2. Amendment No. 2 to Agreement 11-100 with Parsons Transportation Group, Inc. ($144,000; revised not to exceed $40,709,819. Amendment 88.53% federally funded - $127,483; and 11.47% locally funded - $16,517) for additional professional services for environmental clearance and studies for the Centennial Corridor (State Route -58 Connector) Project. (Wards 1, 2, 4, 6, and 7) RECOMMENDATION: Staff recommends acceptance of the report and approval of amendment. BACKGROUND: Staff will provide a brief update on the TRIP projects with a focus on the breaking out of various components of work related to the Centennial Corridor (State Route - 58 Connector) Project. The project commonly referred to as the "GAP 58" project, which adds one lane in each direction on State Route (SR) 58 from Cottonwood Road to Real Road, was originally part of the SR -58 Connector Project. The SR -58 Connector Project is one of the elements of the Bakersfield Beltway System and will connect the SR -58 freeway east of SR -99 to the new Westside Parkway freeway west of SR -99. The project is primarily funded by two federal earmarks both of which were part of the Federal surface transportation law approved in August, 2005 (SAFETEA -Lu). These earmarks are the Bakersfield Beltway System, which is part of Section 1301 (Projects of National and Regional Significance) of this law; and the Centennial Corridor Loop, which is part of Section 1302 (National Corridor Infrastructure Program) of this law. Tdw: G:\GROUPDATWDMINRPT\2013 \11 -20 \TRIP Update CH REV.docx ADMINISTRATIVE REPORT The City was allowed to carve out the GAP 58 project from the SR -58 Connector Project and use Beltway earmark funding to construct it early because the GAP 58 project had independent utility, improved safety and operations within the 58 corridor. After clearing the environmental stage for the GAP 58 project and securing the needed funds in the FTIP, Caltrans has indicated it is now possible to take a similar action with regard to other SR -58 Connector Project components, these generally being: 1. Widening of the off -ramp from southbound SR -99 to Rosedale Highway; 2. Constructing sound walls, retaining walls and ramp improvements along SR -58 between SR -99 and Cottonwood Road; 3. Constructing some lane additions and ramp improvements on State Route 99 at the Ming Avenue interchange, and; 4. Constructing some lane additions on the Westside Parkway between Calloway Drive and Mohawk Street. No property acquisitions would be involved with any of these components other than some temporary construction easements needed to build sound walls. Accelerating these components now will: 1. Allow the City to encumber the full federal earmark for the Bakersfield Beltway System and protect these funds from possible future rescission; 2. Create construction jobs for the community next year - earlier than originally anticipated; 3. Improve safety and enhance operability along these routes, and; 4. Provide a beneficial acceleration to the overall TRIP schedule. To accomplish the "carving" .out of these components and construct them early, additional environmental work by Parsons Transportation Group Inc. (Parsons) is necessary. This amendment is being proposed to allow Parsons to complete the additional work needed to move forward with the previously identified projects. Adequate funding for this amendment is included in the Capital Improvement Program. This Amendment is funded with federal earmark funds and Transportation Development Fee Funds; therefore, there is no General Fund impact. Tdw: G:\GROUPDATWDMINRPT\2013 \11 -20 \TRIP Update CH REV.docx MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: y, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk November 7, 2013 APPROVED DEPARTMENT HEAD J^ CITY ATTORNEY CITY MANAGER Approval of Minutes of the November 6, 2013, Regular City Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: Rg:ndw MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: q. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 7, 2013 ul e DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file department payments from October 25, 2013 to November 6, 2013 in the amount of $8,455,711.46, Self Insurance payments from October 25, 2013 to November 6, 2013 in the amount of $78,653.90, totaling $8,534,365.36 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: November 7, 2013, 10:38AM S:\Kim G\ADMIN \COUNCIL- ADMIN- AP- 2014WDMIN —AP 112013.doc MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED NA- FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: November 7, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: 1. Adoption of Ordinance Amending Section 2.04.100 Relating to Public Statements at City Council Meetings. 2. Adoption of Ordinance Amending Section 2.62.030 Relating to Term of Office of Keep Bakersfield Beautiful Members. 3. Adoption of Ordinance Amending Section 3.40.040 Relating to Reports and Remittances for Transient Lodging Tax. 4. Adoption of Ordinance Amending Chapter 3.40 by Adding Section 3.40.140 Relating to Disclosure of Confidential Information 5. Adoption of Ordinance Amending Section 5.02.010, subsection E, Relating to Business License Tax Definitions. 6. Adoption of Ordinance Adding Chapter 10.66 Relating to Access to Freeways, Expressways, or Designated Portions thereof. 7. Adoption of Ordinance Amending Section 12.16.140 Relating to Security Requirements for Construction Work in Streets. 8. Adoption of Ordinance Amending Section 12.56.020, subsection E, Relating to Community Parks. 9. Adoption of Ordinance Amending Section 13.12.030, subsection B, Relating to Development Improvement Standards and Specifications. 10. Adoption of Ordinance Amending Chapter 14.04, Sections 14.04.011 and 14.04.240, subsection A, Relating to Water Service Areas and Installation of Water Service Connections. 11. Adoption of Ordinance Amending Chapter 15.79 Relating to Density Bonuses. 12. Adoption of Ordinance Amending Section 16.32.060, subsection D, Relating to Payment of Fees for Planned Drainage Facilities. 13. Adoption of Ordinance Amending Section 17.08.125 Relating to Street Setback Exceptions. 14. Adoption of Ordinance Amending Sections 17.58.110, subsection E, and 17.58.210 Relating to Parking Space requirements. RECOMMENDATION: Staff recommends Adoption of the proposed ordinance amendments which had first reading on November 6, 2013. BACKGROUND: Periodically, various Departments throughout the City request changes to the Bakersfield Municipal Code which are minor in nature. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors. ADMINISTRATIVE REPORT The following is a list of ordinances that are being recommended by Staff for changes: 1. BMC Section 2.04.100. The amendment revises the length of time for public statements during City Council meetings. 2. BMC Section 2.62.030. The amendment clarifies the term of committee members and alternates and corrects a typographical error. 3. BMC Section 3.40.040. The amendment omits outdated language from 1960. 4. BMC Chapter 3.40. The amendment adds a section to document the City practice limiting the requirement to disclose certain information provided to the City by payers of Transient Occupancy Tax. It mirrors disclosure provisions for business license payers. 5. BMC Section 5.02.010. The amendment clarifies the meaning of Massachusetts Business Trust in the definition of "persons." 6. BMC Chapter 10.66. This amendment adds a section which restricts use of limited access highways and freeways by pedestrians, bicycles and other non - motorized traffic. 7. BMC Section 12.16.140. This amendment makes this section consistent with chapter 16.32 which was previously amended to limit security options to bonds, cash deposits, and letters of credit. 8. BMC Section 12.56.020(E). This amendment adds two additional parks to the list of community parks. 9. BMC Section 13.12.030. The amendment updates the list of standard manuals which provide the City's development improvement standards. 10. BMC Chapter 14.04, Sections 14.04.011 and 14.04.240(A). The amendment changes references to Ashe Water Service Area to City Domestic Water Service Area and clarifies who is permitted to install a service connection from the City's water main to a customer's premises. 11. BMC Chapter 15.79. This amendment makes the Chapter consistent with state law requirements related to density bonuses and City practice. 12. BMC Section 16.32.060(D). The amendment updates the list of planned drainage areas. 13. BMC Section 17.08.125. The amendment clarifies that the application of the front setback is based on the number of developed lots within a block. 14. BMC Section 17.58.110(E) and 17.58.120. The amendment clarifies the application of parking requirements to an adult day care facility, and clarifies that "Old Town Kern," as currently defined in the Code (formerly part of the "redevelopment project area" eliminated by state law), is subject to the parking space requirements of the section. AH:Isc SACOUNCIUAdmine \13-14 Admins \Cleanup 2013.2.docx MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: q, d. TO: Honorable Mayor and City Council FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD`` 4/ DATE: November 7, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of ordinance relating to the Building and Construction codes, specifically the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code, California Residential Code and California Green Building Code, 2013 editions: 1. An ordinance amending Sections 15.04, 15.05, 15.07, 15.09, 15.11, 15.13, 15.15, 15.17 and 15.19 of the Bakersfield Municipal Code. RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on November 6, 2013. The State of California recently adopted new versions of the California Building Code (CBC), Mechanical Code, Plumbing Code, Electrical Code, California Existing Code, Historical Building Code, California Residential Code and Green Building Code. This is part of the normal code adoption cycle which occurs every three years after the publication of the new national model codes. This cycle the California Codes have remained separate and consistent with the model codes. The new codes include mostly minor revisions and reorganization of some of the code sections. Some of the significant revisions are: (1) requirement for back flow preventers in standalone fire sprinkler systems for all new single and two - family dwellings, (2) an all new structural calculation methodology, and (3) disability regulations revised to align more with national Americans with Disabilities Act (ADA) regulations. State law requires that the City adopt these codes by January 1, 2014. State law also allows the City to make these codes more restrictive as long as such restrictions are based on climatological, geological, and /or topographical reasons. ADMINISTRATIVE REPORT Page 2 For the most part, the proposed local code amendments are carry overs from the previous code adoption cycle in 2010 and are minimal and technical in nature. The Green Building Code includes a proposed new amendment to require bicycle racks for new multi - family residential projects. This was done pursuant to direction from the City Council Planning and Development Committee when discussing the matter of bicycle rack standards. The Building Code includes defining our permit refund procedures instead of referring to a policy as set by the Building Director. This was included to address requests for refunds on project where permits were issued and builders thought they could obtain a refund even if the permit was several years old. Full or partial refunds can be made prior to the expiration of the Building Permit and the start of construction. City staff has made contact with the Home Builders Association (HBA) about the adoption of the new codes and proposed amendments. Staff will be meeting with the HBA members to review the significant changes for single - family dwellings. In late October, staff began conducting a series of classes regarding the code changes for each industry. These classes will educate local architects, engineers, contractors and homeowners about the changes to the code. November 6, 2013, 3:49PM C:\ Users\pburns \Documents\Building \code- adoption\ADMIN Building and Const Code 2013.doc MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: 9. TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD CITY ATTORNEY TV DATE: October 22, 2013 CITY MANAGER BY SUBJECT: Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to R -3 (Multiple Family Dwelling) on 5.89 acres located along the north side of Taft Highway approximately 900 feet west of Wible Road (ZC # 13- 0125 - Smith Tech USA) (Ward 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on October 16, 2013. The applicant is requesting an amendment to the City of Bakersfield Zoning Ordinance for the future construction of approximately 167 multi - family dwelling units. The applicant states that they want to meet the market demands of smaller affordable housing. The project will also include the construction of rights -of -way along Taft Highway, which would reduce the net buildable area to approximately 4.8 acres. Since the site will be reduced because of the additional right -of -way dedication, the proposed density will be 34.8 dwelling units per acre, which is consistent with the proposed R -3 zoning. However, the HR land use allows up to 72.6 dwelling units per acre. The project site is relatively flat and includes vacant land with an abandoned canal that transverses through the property. The land use to the south is for agricultural uses and the other surrounding uses are for urban development, including general commercial to the east, and low and medium density residential to the west and north. There are existing homes built to the west and north of the project site, and a church exists to the south. In early 2011, the City approved the existing office commercial entitlement as part of a larger project that included a portion of the commercial property to the east and the low medium density housing to the north. A condition of that project was to provide local street access to the existing rural residence abutting the project to the west from the R -2 zoned area to the north. Tract Map 7231 was approved by the Planning Commission on June 6, 2013, which included a northern access road (McClintock Road) for the existing rural residence. November 1, 2013, 3:28PM CGI S:IDanaIADMINS12013WOV111 -20 -0125 2.doC ADMINISTRATIVE REPORT At the time the property is developed, it will be subject to the City's policy for "Complete Streets," which requires that all transportation facilities for bicyclists, pedestrians, transit and motorists be considered. The project is on the north side of Taft Highway, which is a state facility planned as a future six -lane expressway with a 30 -foot landscaped parkway on both the north and south sides. As an Expressway, no direct driveway access will be allowed to Taft Highway, except from planned streets; access to the project site will be via Strawhouse Trail Road after an auxiliary lane is constructed with the commercial use to the east. Primary vehicle, bicycle and pedestrian access to the site will be via Strawhouse Trail Road on the east side of the project site. All sidewalks and pedestrian access throughout the development will be required in accordance with City standards. There are currently no GET bus routes that run along the project site; however, when Taft Highway is fully developed a Caltrans standard bus bay will be located at all major intersections if designated as a bus route by GET. The City's Bikeway Master Plan identifies Taft Highway as a future bike route; currently, bike lanes or routes do not exist. According to the adopted development standards for Taft Highway, when fully developed as an expressway, an eight -foot outside shoulder will be provided as a bike lane. The Traffic Engineer will evaluate if bike lane striping should be installed or delayed if its installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes with connections to the existing bikeway network. The Planning Commission conducted a public hearing on this zone change on September 5, 2013, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. City Council approved the concurrent general plan amendment as well as first reading of the ordinance on October 16, 2013. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on July 29, 2013, in accordance with CEQA. Both the existing and proposed land uses allows for urban development. The proposed high density residential is compatible with the surrounding urban commercial and residential uses. The Metropolitan Bakersfield General Plan encourages the intensification of land use that maintains continuity of existing development. The proposal would provide needed multi - family housing to support the planned commercial uses along Taft Highway. The higher density residential will also act as a buffer to separate Taft Highway from the single - family uses north of the project site. Increasing urban and higher density uses make sense along Taft Highway, which serves as a major transportation corridor and entrance into the City of Bakersfield. The general plan encourages higher housing densities along transportation corridors to help reduce vehicle trips if adjacent to other commercial and potential employment areas. Staff recommends adoption of the ordinance. November 1, 2013, 3:28PM CGI S:IDanaODMINS12013WOV111 -20 -0125 2.doC MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD �� DATE: October 23, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -3 (Multiple Family Dwelling) to R -1 (One Family Dwelling) and R -2 (Limited Multiple Family Dwelling) to R -3 (Multiple Family Dwelling) on approximately 80 acres located at the southeast corner of Stockdale Highway and Heath Road (ZC # 13 -0127- Bolthouse Properties, LLC.) (Ward 4) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on October 16, 2013. The applicant is requesting to amend the Metropolitan Bakersfield General Plan Land Use Element and City Zone Ordinance on approximately 80 acres. The applicant proposes to change the General Plan land use designation from HR (High Density Residential) to LR (Low Density Residential) and to change the zoning from R -3 (Multiple Family Dwelling) to R -1 (One Family Dwelling) on the eastern portion (42.84 net acres), and change the General Plan from HMR (High Medium Density Residential) to HR (High Density Residential), and change the zoning from R -2 (Limited Multiple Family Dwelling) to R -3 (Multiple Family Dwelling) on the western 18.19 net acres. The project would ultimately allow for development of 311 single - family homes and up to 600 multi - family dwelling units. This would be an overall reduction of 348 dwelling units from what was previously approved in 2012 on the project site. The project site is within the Stockdale Ranch EIR project (GPA /ZC 09 -0263) area which was approved by the City Council on August 11, 2010. The Stockdale Ranch project area encompasses 564.88 acres along the south side of Stockdale Highway, generally between South Renfro Road and Nord Avenue. As part of the approval process, several mitigation measures and conditions of approval were added to the project. Although the proposed project constitutes a smaller portion of the overall Stockdale Ranch project, applicable mitigation and conditions have been carried over to ensure compliance with the overlying Stockdale Ranch project area. The project site is also within the adopted Western Rosedale Trails Plan area. Plans include a multi -use trail (pedestrian and bicycle) along the south side of Claudia Autumn Drive to Wegis Avenue. The proposed trails will be installed when development occurs and will be dedicated to the City. The project is also within boundaries of the North of the River Recreation and Parks District. November 5, 2013, 4:53PM DUS:\Dana\ADMINS\2013 \NOV\11 -20 -0127 2.doc ADMINISTRATIVE REPORT The City's Bikeway Master Plan identifies Stockdale Highway as a Class 2 facility (bike lanes). Bike lanes currently exist adjacent to the project site along Stockdale Highway. Class 2 Bike Lanes are also planned for South Renfro Road and Heath Road. These bike lanes will be installed at the time the property is developed. Lane striping will be required with the construction of street improvements. However, the Traffic Engineer will evaluate if striping should be delayed if its installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes along the street with connections to the existing bikeway network. The nearest GET bus stop is approximately 21h miles away, along Bus Route 82 that runs from the Downtown Transit Center to the CSUB campus on Stockdale Highway. The project site is within an area that is transitioning to urban land uses. Neighboring property to the east includes vacant and developed single - family residential. Properties to the north include undeveloped land, single - family residential and vacant commercial. Property to the west is in agricultural use. The proposed project would be compatible with the surrounding uses and would provide a mix of single - family and higher density residential uses within the developing area. The Metropolitan Bakersfield General Plan encourages the orderly, outward expansion of new development which maintains continuity of existing development and allows for the incremental expansion of infrastructure and public services. The Planning Commission conducted a public hearing on this general plan amendment /zone change on September 5, 2013, and unanimously recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request and the applicant has agreed to all conditions and mitigation for the project Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on May 10, 2013, in accordance with CEQA. Staff recommends adoption of the ordinance. November 5, 2013, 4:56PM DUS: \Dana\ADMINS\2013 \NOV\11 -20 -0127 2.doc A ADMINISTRATIVE REPORT MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: 9, TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD CITY ATTORNEY DATE: October 22, 2013 CITY MANAGER SUBJECT: Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing various zone districts to OS (Open Space) and RE (Recreation) as shown on attached maps (ZC # 13 -0234 - City of Bakersfield) (All Wards) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on October 16, 2013. Due to a referral from Councilmember Johnson, the greenbelt that also serves as a PG&E utility easement located south of Calcutta Drive was added to the zone change as open space. The City of Bakersfield is requesting an amendment to the City of Bakersfield Zoning Ordinance. The City proposes to change the zoning on existing parks to be consistent with approved land use designations and become either open space or recreation zone districts. The project does not include the construction of parks or recreation areas and does not designate future parks; staff is updating the land use and zoning on existing parks within the City limits. Parks within the City are maintained by both the City's Recreation and Parks Department and the North of the River Recreation and Park District (NOR). The various project sites include existing built City or NOR parks that are mostly surrounded by developed residential areas. Some of the parks are also along the Kern River. As various residential areas were developed, parks were constructed as part of those projects. In addition, lands acquired by the City for the construction of parks were often part of larger plans and projects where the recreational uses were allowed despite the existing land use. Staff is now proposing to update the zoning on existing parks. The Planning Commission conducted a public hearing on this zone change on September 5, 2013, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. November 1, 2013, 2:29PM CGI S:1Danal4DMINS12013WOV111 -20 -0234 2.doc ADMINISTRATIVE REPORT Staff has determined that the proposed project could not have a significant effect on the environment, therefore, it is exempt from the California Environmental Quality Act (CEQA). Per Section 15061 (b)(3), the project is exempt from CEQA because it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. Staff recommends adoption of the ordinance. November 1, 2013, 2:29PM CGI S:IDanaWDMINS12013WO011 -20 -0234 2.doc MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD DATE: November 7, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -1 (One - Family Dwelling Zone) to P.U.D. (Planned Unit Development Zone) on 6.25 acres located at 6901 Ming Avenue. A categorical exemption applies to this project. (ZC # 13- 0260- In -Shape Health Clubs LLC representing Bakersfield Ming LLC) (Word 5) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on November 6, 2013. On September 5, 2013, the Planning Commission held an advertised public hearing on this zone change request, which consists of changing the zone district from R -1 (One - Family Dwelling Zone) to P.U.D. (Planned Unit Development Zone) and approval of development plans to redevelop an existing private tennis club. The subject property is currently developed as a private tennis club that was approved in the late 1970's pursuant to Conditional Use Permit No. 2863. An expansion to the club that included an exercise building was constructed in 1985 pursuant to Conditional Use Permit No. 4247. The applicant's original request was to redevelop the existing facility with a new 40,704 - square foot fitness club, reduce the number of tennis courts from 15 to 8, include an outdoor aquatic area, and expand the parking lot to 245 spaces. Staff determined that the proposed modifications were too substantial to be processed as a conditional use permit in the R -1 district and instead, determined that a zone change from R -1 to P.U.D. was more appropriate. Permitted uses in the P.U.D. zone district include parks and playgrounds, churches, schools, golf courses and tennis courts including associated clubhouses, swimming pools, and commercial uses that are compatible with the nature and type of development in the area. November 1, 2013, 1:22PM PH /S:IDana%ADMINS12013WOV111 -20 -0260 2.doc ADMINISTRATIVE REPORT Furthermore, in using the P.U.D. zone, it assures neighboring property owners that no other use can occur on the site and that the precise development plan must be carried out; otherwise, a new zone change would be required, which would provide opportunity for public review and comment at a public hearing before the Planning Commission. Additionally, by keeping the LR (Low Density Residential) General Plan land use designation, if the club was removed, only residential development could occur on the property. The applicant, In -Shape Health Clubs LLC, has operated the facility since purchasing the property in 2007. In- Shape's vision is to retain the tennis club atmosphere and enhance the property with a new fitness club, redesigned patio and outdoor areas, and expanded parking lot consistent with current In -Shape corporate design and amenity standards. New technology, materials and methods will be employed to make the entire facility more energy efficient. Wherever possible, existing mature trees have been incorporated into the proposed landscape plan, including approximately one dozen trees along the site's Ming Avenue frontage, most of the trees along the walkway within the central portion of the site, and all of the trees within the southern portion of the site which serve as a buffer for the abutting residential development to the south. During the September 51h public hearing, eight people spoke in opposition to the project. Correspondence was received from 16 individuals in opposition to the proposal and three individuals in favor of the proposal. The primary concern of the opponents was the proposed reduction in the number of tennis courts on the property from 15 to 8; a secondary concern was potential traffic impacts. At the conclusion of the September 5th public hearing, the applicant agreed to a continuance to October 3rd to allow club members and neighbors to provide additional input regarding the proposal directly to the applicant (this was mainly to save more tennis courts). Following open -house public meetings with club members and neighbors on September 18th and 19th, the applicant submitted a revised proposal reducing the fitness club to 28,459 square feet (removed the mezzanine but retained the same building footprint), increased the number of tennis courts from their original proposal from 8 to 10 (results in a reduction of five existing courts instead of seven), modified the outdoor aquatic area, and reduced the parking lot of their original proposal from 245 to 202 spaces, (a result of retaining the two additional tennis courts). Regarding traffic, the revised proposal is projected to increase peak hour traffic by approximately 70 vehicles over the existing facility. Since the proposal is not a General Plan amendment and is not located in an area where the existing levels of service are "D" or lower, a traffic study was not required by the City Traffic Engineer. Ming Avenue is a six -lane arterial that is currently operating at a Level of Service (LOS) A (33,500 AADT); LOS C is the minimum standard in accordance with the General Plan (48,000 AADT). Also, the surrounding signalized intersections at Ming /Manning, Ming/El Portal, and Ming /Ashe all operate at LOS A, B, and C, respectively. Therefore, his conclusion was that the anticipated increase from the proposal is insignificant as Ming Avenue will remain at LOS A and it will not impact the Level of Service of the aforementioned signalized intersections. November 1, 2013, 1:24PM PH /S:IDana14DMINS12013WOV111 -20 -0260 2.doc ADMINISTRATIVE REPORT On October 3, 2013, the Planning Commission approved the revised proposal and has recommended adoption by the City Council. November 1, 2013, 1:27PM PH /S:IDanal4DMINS12013WOV111 -20 -0260 2.doc MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: 9 TO: Honorable Mayor and City Council APPROVED AV FROM: Christi Tenter, Human Resources Manager DEPARTMENT HEAD DATE: November 4, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Change to Salary Schedule, New Job Specification and Additional Postion 1. Amendment No. 2 to Resolution No. 079 -13 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Senior Animal Control Officer 2. Amendment No. 2 to Resolution 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 Animal Control Supervisor 3. New Job Specification: Senior Animal Control Officer #27205 4. Additional Position: Clerk Typist I 5. Appropriate $32,000.00 of General Fund Balance to the Police Operating Budget within the General Fund. RECOMMENDATION: Staff recommends adoption of the resolutions, approval of the new job specification, approval of the additional position, and approval of the appropriation. BACKGROUND: On October 1, 2013, the City of Bakersfield, by the direction of the City Council, established the City of Bakersfield Animal Care Center (CBACC), and assumed full responsibility for the care and shelter of stray and otherwise unwanted animals in the City's jurisdiction. To provide management and staffing for the day to day operations of the City's newly established animal care center, the City has incorporated a synergistic approach combining the expertise of the Bakersfield Society for the Prevention of Cruelty to Animals (SPCA), labor from the Bakersfield Homeless Center, and clerical support and oversight from City staff. To facilitate the successful implementation of the CBACC, the City has provided temporary under filling for clerical and supervisory duties, by utilizing Finance and Animal Field Services Page 1 of 3 staff. However, to effectively provide service and oversight of Animal Control field and shelter services, additional personnel, as well as clarification of the responsibilities of existing personnel are necessary. Therefore the Bakersfield Police Department requests approval of the following: (1) additional roles and responsibilities for the existing Animal Control Supervisor to include oversight of the CBACC; (2) an additional Clerk Typist position for daily CBACC operations; and, (3) the implementation of a new Senior Animal Control Officer position to assist the Animal Control Supervisor with providing oversight of animal control services at the BACC and throughout the City of Bakersfield. Animal Control Supervisor With the opening of CBACC, it is necessary to expand the duties of the Animal Control Supervisor to include oversight of both the Animal Care Center and Animal Control Field operations. This work is more complex and requires liaison with the primary contractor for Animal Care Center operations (SPCA), as well as additional on -site contractors, service providers, and community service organizations such as animal rescue and foster care groups. Additional responsibilities include monitoring contractor performance, regular meeting and coordination with Care Center employees and support organizations, providing general support and assistance for the SPCA and Bakersfield Homeless Center, and regular reporting to Police Department and City management and administrative staff. Due to the additional duties and responsibility, a salary increase is recommended. The impact to the Police Department General Fund Operating Budget will be an increase of $5,618.00 annually. The change in salary schedule is as follows: Current Salary Range (hourly): $26.985 28.337 29.755 31.248 32.805 Proposed Salary Range (hourly): $31.662 33.245 34.909 36.654 38.486 With the opening of CBACC, daily operations require Clerk Typist personnel to supplement SPCA staff and assist with walk -in traffic, phone calls from the public, licensing and finance transactions, and adoption paperwork, as well as the administrative work associated with animal intake. In addition, clerk typists will gather information and prepare and provide administrative reports and statistics to Police Department and City administrative and management staff. The impact to the Police Department General Fund Operating Budget will be an increase of $43,936.00 annually. Senior Animal Control Officer With the addition of duties and responsibilities to the Animal Control Supervisor (ACS) position, there will be less time available for this position to engage in daily oversight of routine field operations, including report approval, scheduling, coordination, and deployment of Animal Control field and clerical staff, vehicles, and equipment. Therefore it is recommended that a Page 2 of 3 A ADMINISTRATIVE REPORT U d I Senior Animal Control Officer position be created to assist in these duties. This position will work under procedures and guidelines set by the ACS and reports to the ACS. The impact to the Police Department General Fund Operating Budget will be an increase of $4,542.00 annually. The new job specification was presented and approved by the Police Civil Service Board at their November 6, 2013 meeting. SEIU has reviewed and approved the proposed recommendation. • I The total annual ongoing impact of the proposed changes to the Police Department's General Fund Operating budget will be $54,096.00. The appropriation of $32,000 included in this item will provide necessary funding for these positions for the remainder of the current fiscal year. Page 3 of 3 MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM q, ' TO: Honorable Mayor and City Council APPROVED FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD. DATE: November 4, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Assessment hearing was held on November 4, 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 Word 1 V4 0 1. 300 Augusta Street 018- 210 -12 $ 1,249.00 2. 3519 Balboa Drive 025 - 072 -10 $ 1,035.00 3. 400 Bill Avenue 010- 061 -17 $ 1,620.00 4. 910 E. Brundage Lane 018 - 180 -09 $ 670.00 5. 811 Casino Street 170- 231 -15 $ 640.00 6. 813 Casino Street 170- 231 -14 $ 640.00 7. 1301 Dorian Drive 022 - 030 -05 $ 105.00 8. 331 Dr. Martin Luther King Jr. Blvd. 019 - 181 -16 $ 300.00 November 5, 2013, 3:OOPM/kd S:\Dana\ADMINS\2013 \NOV\11 -20- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 9. 213 Hayes Street 018 - 350 -28 $ 675.00 10. 106 S. Kincaid Street 168- 172 -32 $ 105.00 11. 3409 Lotus Lane 172- 124 -10 $ 105.00 12. 310 Madison Street 169- 041 -02 $ 105.00 13. 907 Pershing Street 009 - 501 -16 $ 300.00 14. 1115 E. Planz Road 172- 123 -02 $ 300.00 15. 318 Rodman Street 139 - 293 -04 $ 105.00 16. 29 E. White Lane 172- 160 -06 $ 600.00 17. 1206 3rd Street 010 - 190 -30 $ 729.00 18. 1420 E. 91h Street 018- 061 -19 $ 300.00 19. 205 E. 10th Street 139 - 132 -02 $ 105.00 ,- 20. 115 Bernard Street 012- 021 -04 $ 105.00 21. 917 Dolores Street 017- 400 -04 $ 1,019.00 22. 801 Hewlett Street 331 - 192 -02 $ 300.00 23. 1123 Inyo Street 014- 160 -01 $ 300.00 24. 319 Monterey Street 014 - 170 -05 $ 105.00 25. 3129 San Dimas Street 002 - 051 -15 $ 1,029.00 26. 1909 2nd Street 008 - 334 -07 $ 1,550.00 27. 1021 34th Street 002 - 031 -02 $ 720.00 Ward 3 2821 Baylor Street 021 - 401 -27 $ 1,475.00 28. 29. 3212 Blade Avenue 383 - 152 -22 $ 1,475.00 30. 2401 Renegade Avenue 383 - 023 -01 $ 300.00 Ward 4 31. 11708 Mantova Avenue 528 - 141 -08 $ 760.00 l.••. 32. 9413 Carvalho Court 392 - 291 -12 $ 105.00 33. 10303 Grizzly Street 497 - 580 -26 $ 600.00 34. 2700 Hoad Lane 381- 202 -08 $ 105.00 35. 10811 Laramie Peak Drive 497 - 161 -02 $ 600.00 36. 3813 Vista De Lago Court 394 - 431 -26 $ 105.00 .. 37. 4923 Harwick Court 499 - 201 -01 $ 105.00 38. 5409 Pepper Tree Lane 355 - 304 -08 $ 105.00 39. 3405 Reeder Avenue 441 - 022 -15 $ 105.00 40. 3812 Sweet Springs Street 403 - 191 -30 $ 105.00 November 5, 2013, 3:OOPM /kd S:\DanaWDM1NS\2013 \NOV \11 -20- Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION Word 6 41. 908 Valhalla Drive 42. 912 Valhalla Drive 43. 5212 Warwick Place Word 7 44. 2936 Avalon Street 45. 3908 La Tonia Court 46. 1905 Ming Avenue 47. 2626 Ming Avenue 48. 6012 Ream Way 49. 6017 Ream Way 50. 8606 Vincenso Way APN COST 164- 221 -03 $ 105.00 164 -221 -04 $ 300.00 355 - 212 -08 $ 105.00 023 - 212 -07 $ 910.00 371 - 431 -02 $ 105.00 023 - 141 -03 $ 105.00 148- 230 -17 $ 825.00 413- 052 -12 $ 300.00 413- 051 -12 $ 300.00 514- 662 -27 $ 870.00 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. November 5, 2013, 3:OOPM/kd SADana\ADMINS\2013\N0V\11 -20- Property Abatement.docx MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: q. P- TO: Honorable Mayor and City Council APPROVED FROM: Christi Tenter, Human Resources Manager DEPARTMENT HEAD DATE: November 12, 2013 CITY ATTORNEY V CITY MANAGE SUBJECT: Resolution Identifying Vendors, Healthcare Plans and Setting Rates for Citywide Health Insurance Plans (excluding the Anthem Blue Cross PPO Plans) for , ligible Active and Retired Employees RECOMMENDATION: The Personnel Committee recommends Council approval of the resolution and 2014 rate renewal package, excluding the Anthem PPO Plans. BACKGROUND: Each year the City's healthcare consultant, Segal Consulting, undergoes an aggressive claims review process in an effort to identify and negotiate the most cost effective health plan rates for the 'new plan year. This year, new variables were introduced to the process with the January 1, 2014 implementation of The Adorable Care Act (ACA) and correlating plan mandates and administrative fees, which resulted in a base 4% increase to all health plans. In addition to the implementation of ACA in 2014, the City's 2014 rates have been impacted by higher than normal plan utilization, with respect to the Anthem Blue Cross PPO active population. The initial Anthem Blue Cross PPO rate renewal for active employees for 2014 came in at over a 30% increase. This is due to high claims experience during the 2013 plan year, out -of- network costs absorbed by the plan, and administrative fees associated with ACA. In an effort to reduce the rate increase for the Anthem Blue Cross Active PPO Plan, Segal extended the claims review and negotiations process with the carriers with the hope that further claims experience data would justify a lower renewal rate. This was not the case, as plan utilization costs continued to exceed the premiums collected during the extended review period. Segal's efforts resulted in a final rate renewal increase of 28% for the active PPO Plan. Segal has provided staff, the employee Insurance Committee and the Council's Personnel Committee with recommendations to further reduce the rate increase for the active PPO plan through the implementation of several plan modifications. These discussions are continuing at this time and staff is planning to bring forward the Anthem Blue Cross PPO Plans for approval at the December 11, 2013 City Council Meeting, provided the negotiation process has concluded. ADMINISTRATIVE REPORT As a result of this year's process and to avoid unnecessary delay in processing the vast majority of the City's health plans, outside of the Anthem Blue Cross PPO Plans, Staff, Segal and both the Insurance and Personnel Committees are recommending approval of the renewal package below, absent the PPO plans, which includes: • No plan design changes to the non -PPO active or retire plans for medical or dental; • Moderate rate increases for the active HMO plans (11%, 8.6% and 4 %); • A 4% plan increase to all medical plans for active employees as a result of administrative fees mandated by the Affordable Care Act; and • Transitioning behavioral health benefits to Anthem Blue Cross plans from Optum to prevent a 16.2% rate increase. The renewal package was evaluated through a process which includes several meetings with the Insurance Committee and the Council's Personnel Committee. Both committees are recommending approval of these plan contracts. A summary of the overall rate changes for the next year are provided below. Percentage Increases / Decreases Anthem Blue Cross - HMO Plan Active Employees 11.00% Anthem Blue Cross Senior Secure Plan Retirees - 5.46% Kaiser Permanente HMO Plan Active Employees 8.60% Retirees Under 65 16.20% Kaiser Permanente Deductible HMO Plan Active Employees 4.00% Retirees Under 65 16.20% Kaiser Permanente Senior Advantage Plan Retirees Over 65 4.80% Met life Preferred Dental Plan (PPO) Active Employees 1.30% Pacific Union Dental DMO Plan Active Employees Imperial Plan -2.00% Napa Plan -2.00% Retirees Trinity Plan -2.00% Regency Plan - 2.00% Medical Eye Services 0.00% ADMINISTRATIVE REPORT Anthem Behavioral Health Single 2 -Party Family Active Anthem HMO Plan Employees -59.51% - 50.39% - 53.72% Active Anthem PPO Plan Employees - 55.57% - 45.80% - 48.08% Anthem Plan Retirees - 39.30% - 4.87% 32.18% Optum Employee Assistance Program 4.10% ING (City Paid life Insurance) 0.00% HealthComp Inc. - IRS Section 125 0.00% MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: 0'. /. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Douglas N. Mclsaac, Community Development Director October 31, 2013 APPROVED DEPARTMENT HEAD __Z2(� CITY ATTORNEY CITY MANAGER Approval of FY2013 -14 Emergency Solutions Grant (ESG) Agreements: 1. Bethany Services/ Bakersfield Homeless Center ($48,700) for ESG funds to provide Emergency Shelter services at 1600 East Truxtun Avenue; 2. The Mission at Kern County ($48,700) for ESG funds to support Emergency Shelter activities at 816 E. 21 st Street; 3. Alliance Against Family Violence and Sexual Assault ($17,128) for ESG funds to support Emergency Shelter services administered at1921 19th Street; 4. Flood Bakersfield Ministries ($17,128) for ESG funds for Street Outreach services administered at 3509 Union Avenue; and 5. Bethany Services/ Bakersfield Homeless Center ($71,313) for ESG funds to provide Rapid Re- Housing Program services administered at 1600 East Truxtun Avenue. (All Wards) RECOMMENDATION: Staff recommends approval of agreements. BACKGROUND: On April 17, 2013, the City Council approved the City of Bakersfield's FY2013 -14 U. S. Department Housing Urban Development (HUD) Action Plan, which describes activities to be funded with the City's HUD entitlement grant funding. At that time, The City approved Emergency Solutions Grant funding to the following organizations, to assist in emergency shelter and homeless prevention activities: Emergency Shelter • Bethany Services/ Bakersfield Homeless Center ($48,700); • The Mission at Kern County ($48,700); • Alliance Against Family Violence and Sexual Assault ($17,128); S:\Dana\ADMINS \2013 \NOV \11 -20 -ESG Agreements 2013- 14.doc tj ADMINISTRATIVE REPORT Page 2 Street Outreach • Flood Bakersfield Ministries -Street Outreach ($17,128); and Rapid Re- Housing • Bethany Services /Bakersfield Homeless Center- Rapid Re- Housing ($71,313). The abovementioned service providers have nearly 150 years of experience in providing emergency shelter and homeless prevention operations. These organizations benefit the community by offering various assistance, programs, and activities which range from: connecting homeless individuals with benefits and services to assist in exiting homelessness (Street Outreach), operating 24 -hour facilities to care for and house homeless individuals, sheltering those who have been victims of domestic violence, and helping homeless families transition to stable, self- sufficient living (Emergency Shelter), and quickly re- housing families that have recently lost access to permanent housing in order to prevent homelessness (Rapid Re- Housing). S: \Dana \ADMINS \2013 \NOV \1 1- 20 -ESG Agreements 2013- 14.doc Page 2 ADMINISTRATIVE REPORT MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: 4? ,9, TO: Honorable Mayor and City Council APP_ FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 4, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Design -Build Construction Projects Agreement with Spohn Ranch Skateparks ($360,000.00) for design and construction of a skatepark at Planz Park (Ward 1). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Resolution No. 090 -13, approved at the July 17, 2013 City Council meeting, provided for the dispensing of bidding under Section 3.20.060 of the Bakersfield Municipal Code (BMC) relating to design /build of an approximately 7,000 square foot skatepark at Planz Park. The BMC allows for dispensing with normal bidding procedures under specific conditions, one of which is the design /build process. The design /build is a procurement process in which both the design and construction of a project are procured from a single entity. Design /build relies on a single point of responsibility and is used to minimize risks for the project owner (City) and to reduce the delivery schedule by overlapping the design phase and construction phase of a project. Design /build, with its single point of responsibility, benefits the project owner because the design /build contractor will be responsible for all of the work completed on the project. The pool at Planz Park opened in the early 1960's and was closed in late 2009 due to budget constraints. In early 2012, Recreation and Parks staff began to explore the feasibility of reopening the facility for the summer 2012 season. The Recreation and Parks analysis indicated significant repairs would have been needed to the pool in order to make it operational. As such, staff recommended moving forward with replacing the pool with an alternative amenity. In July and October 2012, staff made presentations to the Committee on the various replacement concepts for the pool. At the October meeting, the Committee members unanimously voted to recommend the skate park project as a replacement for the pool. The City Council approved the amenity replacement plan in November 2012 and at that time appropriated funds for the demolition of the dormant pool. The pool has since been demolished and subsequently the Council appropriated $360,000 in CDBG Funds within the FY 13 -14 Capital Improvement Budget for this project. On August 14, 2013, a Notice to Skatepark Design /Build Firms was published both in the Bakersfield Californian and in the City's online procurement bidding system to inform design /build firms that the City was inviting interested design /build firms to submit a Statement of Qualifications. On September 6, 2013, the following five design /build firms submitted a Statement PW /Design Engineering /NSG /P31K201 November 14, 2013, 3:03PM G: \GROUPDAT\ADMINRPT 12013 \11- 20\Design_Build Skatepark At Planz Park - Revised.Doc ADMINISTRATIVE REPORT of Qualifications: AJ Vasconi, California Skateparks, GeoCon Skateparks, Grindline Skateparks, and Spohn Ranch Skateparks. In September 2013, a selection committee of City staff reviewed the submitted Statements of Qualifications and recommended that the top four firms be invited to interview with the City of Bakersfield; however, one firm requested to be removed from consideration. The three firms interviewed by City staff were California Skateparks, Grindline Skateparks, and Spohn Ranch Skateparks. On October 23, 2013, City staff conducted interviews with the three approved design /build firms. Staff recommends award of the design /build agreement to Spohn Ranch Skateparks as being the most favorable to the City based on the combination of the firm's qualifications and experience. Sufficient funds are budgeted for award of this agreement. Community Development Block Grant (CDBG) funds provide the funding source for this project. Since CDBG funds are federal, this project is subject to prevailing wage requirements. PW /Design Engineering /NSG /PW01 November 14, 2013, 3:03PM GAGROUPDATIADMINRPT\2013 111- 201Design_Build Skatepark At Planz Park - Revised.Doc MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: t7. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD n� DATE: November 08, 2013 CITY ATTORNEY A tl" lei 11104 SUBJECT: Utility Agreement with AT &T ($156,868.73; 100% Local) for the relocation of telecommunication facilities in conflict with the widening of the off -ramp from southbound State Route 99 to Rosedale Highway; part of the Beltway Operational Improvements Project. (TRIP) Ward 2 RECOMMENDATION: Staff recommends approval of Utility Agreement. BACKGROUND: The widening of the off -ramp from southbound State Route 99 to Rosedale Highway is one of the projects which can be "carved -out" from the original Centennial Corridor (SR -58 Connector) Project. AT &T has telecommunication facilities that are in conflict with this proposed project. Because of this conflict, these telecommunication facilities require relocation. These utility facilities are located within the State Right of Way under a master agreement with the State; consequently, the cost for their relocation is equally shared by the project and the utility company. This agreement is being executed now in advance of the project in order to prevent future delays that could occur as a result of soon to be implemented new federal rules pertaining to "Buy- America" provisions for utility relocations. Any agreements for utility relocations necessary for federally- funded transportation projects that are executed after December 31, 2013 are required to include provisions that most new materials used by the utility company for the relocation be manufactured in the United States. Unfortunately, some items needed for the relocations are not available from manufacturers in the United States; and, the utility companies are also bound by other rules (such as those from the Public Utilities Commission) to use the least expensive material regardless of its origin. These complications are making it difficult for some utility companies to comply with these new "Buy- America" provisions, and have caused this to become a major issue nationwide for utility companies. Once this new federal requirement is implemented in January, many utility companies are not going to be able to comply with the "Buy- America" provisions which will result in the delay to some federally funded transportation projects. Approval of the agreement at this time will avoid potential delays related to the provisions of "Buy America." This Agreement is funded with Transportation Development Fund Fees; therefore, there is no General Fund impact. November 14, 2013, 1:38PM tdw: G:\GROUPDAT \ADMINRPT \2013 \11- 20 \ATT Utility Agreement - Beltway- (2) CH (2).docx MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: y, 0 , TO: Honorable Mayor and City Council A OVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 08, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Utility Agreement with Pacific Gas and Electric Company ($4,576,443.00) for the relocation of electrical transmission facilities in conflict with the Centennial Corridor (State Route 58 Connector) Project. (TRIP) (Ward 2) RECOMMENDATION: Staff recommends approval of Utility Agreement. BACKGROUND: Pacific Gas and Electric Company (PG &E) owns and maintains existing electrical overhead transmission lines and towers that are in conflict with the City's proposed future State Route (SR) -58 Connector Project. Because of this conflict, these electrical transmission facilities require relocation and because the electrical facilities are located within a private easement owned by PG &E, the SR -58 Connector Project must pay for this relocation. The SR -58 Connector Project proposes to extend a new SR -58 freeway from the existing SR -58 freeway east of SR -99, west to connect with the Westside Parkway. This connection would include constructing and widening bridges to cross over both the Kern River and Truxtun Avenue. These bridges are in the same area where the PG &E electrical transmission facilities are currently located, and which the SR -58 Connector Project will cross beneath. PG &E and Caltrans both desire that these overhead transmission lines cross the freeway at approximately a 90 degree angle, therefore, PG &E has engineered the relocation to meet this requirement. The relocation includes the construction of 6 new towers on a new transmission line alignment. The work will not begin until the SR -58 Connector Project is approved and environmentally cleared. However, this agreement is being executed in advance of the project in order to prevent future delays that could occur as a result of soon to be implemented new federal rules pertaining to "Buy- America" provisions for utility relocations. Any agreements for utility relocations necessary for federally- funded transportation projects that are executed after December 31, 2013 are required to include provisions that most new materials used by the utility company for the relocation be manufactured in the United States. Unfortunately, some items needed for the relocations are not available from manufacturers in the United States; and, the utility companies are also bound by other rules (such as those from the Public Utilities Commission) to use the least expensive material regardless of its origin. These complications are making it difficult for some utility companies to comply with these new "Buy- America" provisions, November 14, 2013, 1:32PM tdw: G:\ GROUPDATWDMINRPT\2013 \11- 20 \PGE Utility Admin - Centennial -REV (2) CH.docx ADMINISTRATIVE REPORT and have caused this to become a major issue nationwide for utility companies. Once this new federal requirement is implemented in January, many utility companies are not going to be able to comply with the "Buy- America" provisions which will result in the delay to some federally funded transportation projects. Approval of the agreement at this time will avoid potential delays related to the provisions of "Buy America." Notwithstanding the "Buy America" deadline, this particular agreement and relocation is also being advanced now because of its complexity, the long lead time needed to obtain materials necessary for the relocation, and the restricted period of time during the year when the relocation can take place (winter months only). There will be additional utility relocation agreements needed in the future for the SR -58 Connector Project as the design of the project is advanced and further utility conflicts are identified. It will be necessary for these future agreements to comply with federal rules pertaining to "Buy- America" provisions for these utility relocations. However, these other utility relocations will be much less complex and take much less time to complete than the relocation of these major electrical transmission facilities. This Agreement is funded with Transportation Development Fund Fees; therefore, there is no General Fund impact. November 14, 2013, 1:32PM tdw: G:\GROUPDATIADMINRPT \2013 \11- 20 \PGE Utility Admin - Centennial -REV (2) CH.docx MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar �ITEM: �. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: November 6, 2013 CITY ATTORNEY CITY MANAGER SUBJECT: Rosedale Highway Widening Project. (TRIP) Wards 3 & 4 1. Approve Utility Agreement with Vaughn Water Company ($61,680.00) for the relocation of water piping and appurtenances. 2. Approve Utility Agreement with Pacific Gas and Electric Company ($236,517.00) for the relocation of electrical and gas facilities. 3. Appropriate $298,197.00 Transportation Development Fund Balance to the Public Works Capital Improvement budget within the TDF TRIP local match fund. RECOMMENDATION: Staff recommends approval of Utility Agreement and Appropriation. BACKGROUND: Both Vaughn Water Company and PG &E own and maintain existing facilities that are located within the limits of the Rosedale Highway Widening Project. These facilities conflict with the proposed project construction and need to be relocated to resolve the conflict. These facilities are currently located within a private easement owned by the utility companies, and consequently the project must pay for these relocations. These agreements are being executed now in advance of the project in order to prevent future delays that could occur as a result of soon to be implemented new federal rules pertaining to "Buy- America" provisions for utility relocations. Any agreements for utility relocations necessary for federally- funded transportation projects that are executed after December 31, 2013 are required to include provisions that most new materials used by the utility company for the relocation be manufactured in the United States. Unfortunately, some items needed for the relocations are not available from manufacturers in the United States; and, the utility companies are also bound by other rules (such as those from the Public Utilities Commission) to use the least expensive material regardless of its origin. These complications are making it difficult for some utility companies to comply with these new "Buy- America" provisions, and have caused this to become a major issue nationwide for utility companies. Once this new federal requirement is implemented in January, many utility companies are not going to be able to comply with the "Buy- America" provisions which will result in the delay to some federally funded transportation projects. Approval of these agreements at this time will avoid potential delays related to the provisions of "Buy America." These Agreements are funded with Transportation Development Fund Fees; therefore, there is no General Fund impact. 11/14/2013 1:10 PM Tdw:G: \GR0UPDATWDMINRPT \2013 \11 -20 \Utility Agreements - Rosedale Highway Widening Project 1 CH.docx MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD _64q_ DATE: November 5, 2013 CITY ATTORNEY SUBJECT: State Route 178 Widening Project. (TRIP) (Ward 3) CITY MANAGER 1. Approve Utility Agreement with Mohave Pipeline Company, L.L.C. ($570,163.00; 100% Local) for protecting the Mohave Gas Line in place. 2. Approve Utility Agreement with Pacific Gas and Electric Company ($457,191.00; 100% Local) for the relocation of underground electrical distribution facilities. 3. Approve Utility Agreement with Pacific Gas and Electric Company ($37,949.00; 100% Local) for the relocation of electrical transmission facilities. 4. Approve Utility Agreement with Pacific Gas and Electric Company ($894,555.00; 100% Local) for the relocation of overhead electrical distribution facilities. 5. Approve Utility Agreement with AT&T ($219,708.25; 100% Local) for the relocation of overhead telecommunication facilities. RECOMMENDATION: Staff recommends approval of utility agreements. BACKGROUND: Various utility companies have facilities that conflict with the proposed construction of the State Route (SR) -178 Widening Project which will widen SR -178 from Canteria Drive to Miramonte Drive. Some of these utility facilities are located in private easements the utility company previously obtained, and consequently the project must pay to mitigate these utility conflicts. In addition, there are some facilities that would normally be the responsibility of the Utility Company to relocate; however, these particular facilities are overhead lines on poles that when relocated, would create a safety issue as they would be too close to the roadway per Caltrans standards. Therefore, the City has requested and will pay for the undergrounding of these existing overhead lines between View Street and Comanche Drive. These agreements are being executed now in advance of the project in order to prevent future delays that could occur as a result of soon to be implemented new federal rules pertaining to "Buy- America" provisions for utility relocations. Any agreements for utility relocations necessary for federally- funded transportation projects that are executed after PW/TRIPrrRSR17 — KPB & TDW 11114/2013 1:10 PM G:\GROUPDATWDMINRPT\2013 \11 -20 \Utility Agreements - SR -178 Widening 1 CH.docx ADMINISTRATIVE REPORT December 31, 2013 are required to include provisions that most new materials used by the utility company for the relocation be manufactured in the United States. Unfortunately, some items needed for the relocations are not available from manufacturers in the United States; and, the utility companies are also bound by other rules (such as those from the Public Utilities Commission) to use the least expensive material regardless of its origin. These complications are making it difficult for some utility companies to comply with these new "Buy- America" provisions, and have caused this to become a major issue nationwide for utility companies. Once this new federal requirement is implemented in January, many utility companies are not going to be able to comply with the "Buy- America" provisions which will result in the delay to some federally funded transportation projects. Approval of these agreements at this time will avoid potential delays related to the provisions of "Buy America." These Agreements are funded with Traffic Impact Fees; therefore, there is no General Fund impact. PW/TRIP KPB 11/14/2013 1:10 PM G: \GROUPDAT\ADMINRPT\2013 \11 -20 \Utility Agreements - SR -178 Widening 1 CH.docx MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: q, r. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HE) DATE: November 08, 2013 CITY ATTORN CITY MANAG SUBJECT: State Route 99 /Hosking Avenue Interchange Project. (TRIP) Ward 7 1. Approve Utility Agreement with AT&T ($82,391.00) for the relocation of communication facilities in conflict with project. 2. Appropriate $82,391.00 Transportation Development Fund Balance to the Public Works Capital Improvement budget within the TDF TRIP local match fund. RECOMMENDATION: Staff recommends approval of Utility Agreement and Appropriation. BACKGROUND: AT&T owns and maintains an existing overhead communication line that conflicts with the City's future State Route (SR) -99 /Hosking Avenue Interchange Project, and this line must be relocated to resolve this conflict. Because this overhead line is located within the State of California Right -of -Way (for SR -99), the City must follow an existing master agreement between the State and AT&T whereby the cost of the relocation is shared equally. The City share of this relocation is estimated to cost $82,391.00. This agreement is being executed now in advance of the project in order to prevent future delays that could occur as a result of soon to be implemented new federal rules pertaining to "Buy- America" provisions for utility relocations. Any agreements for utility relocations necessary for federally- funded transportation projects that are executed after December 31, 2013 are required to include provisions that most new materials used by the utility company for the relocation be manufactured in the United States. Unfortunately, some items needed for the relocations are not available from manufacturers in the United States; and, the utility companies are also bound by other rules (such as those from the Public Utilities Commission) to use the least expensive material regardless of its origin. These complications are making it difficult for some utility companies to comply with these new "Buy- America" provisions, and have caused this to become a major issue nationwide for utility companies. Once this new federal requirement is implemented in January, many utility companies are not going to be able to comply with the "Buy- America" provisions which will result in the delay to some federally funded transportation projects. Approval of the agreement at this time will avoid potential delays related to the provisions of "Buy America." This Agreement is funded with Transportation Development Fund Fees; therefore, there is no General Fund impact. November 14, 2013, 1:36PM tdw: G:\GROUPDATWDMINRP 82013 \11 -20WTT Utility Admin - Hosking- CH (2).doc MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: 9. 5. TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD !'✓ DATE: October 23, 2013 CITY ATTORNEY R— CITY MANAGER SUBJECT: Amendment No. 4 to Agreement No. 09 -171 with Amber Chemical, Incorporated; extending the contract term one year to continue the supply of pool chemicals. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the agreement. BACKGROUND: On December 16, 2009, the City entered into Agreement No. 09 -171 for the Annual Contract to provide Pool Chemicals in the amount of $75,000; renewable annually thereafter for four consecutive one -year periods. On November 3, 2010, Council approved Amendment # 1 extending the term one year and adding $75,000 for a revised not to exceed amount of $150,000. On December 14, 2011, Council approved Amendment #2 extending the term one year and adding $50,000 for a revised not to exceed amount of $200,000. On October 17, 2012, Council approved Amendment #3 extending the term one year. Currently there is $48,000 available on this contract; no additional funding will be required at this time. Funds are budgeted in the Parks Department General Fund for this contract. If approved, Amendment No. 4 will extend the contract term one year continuing the supply of chemicals, permitting the operation of the pools for the next year. Purchasing Division/ch S:\PURCMADMIMAmendments 13 -14\AC for Pool Chemicals Amendment 44 Agmt. 09- 171.docx October 23, 2013 2:48 PM zj ADMINISTRATIVE REPORT `= v MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: I - -, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director October 31, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Accept bid from Jim Burke Ford, Bakersfield, in the amount of $149,075.29 for seven (7) replacement full size extended cab 1/2 ton pickups for use by the Police RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for the purchase of seven (7) full size extended cab '/s ton pickups. Eight (8) bids were received in response to solicitation. Funds are budgeted in the Equipment Replacement Fund for the purchase of seven (7) replacement full size extended cab '/s ton pickups. These vehicles are issued to Police Service Technicians and the Investigations and Narcotics divisions of the Police Department. In response to Councilmember Maxwell's request for additional information regarding a history of each vehicle proposed for replacement, additional information provided by Fleet Services staff is attached for review. The eight (8) bids received are as follows. BIDDER Jim Burke Ford, Bakersfield, CA Paso Robles Ford, Paso Robles, CA Raceway Ford, Riverside, CA My Jeep - Chrysler- Dodge -Ram Salinas, CA McPeek's Dodge, Anaheim, CA Three -Way Chevrolet, Bakersfield, CA South Bay Ford Lincoln, Hawthorne, CA Reynolds Buick, Inc., Covina, CA AMOUNT $149,075.29 VEHICLE TYPE 2014 Ford F -150 Super Cab $151,479.13 2014 Ford F -150 Super Cab $152,623.10 2014 Ford F -150 Super Cab $157,851.23 2014 Dodge Ram Quad Cab $158,206.65 2014 Dodge Ram Quad Cab $166,416.25 2014 Chevrolet Double Cab $166,480.29 2014 Ford F -150 Super Cab $170,233.94 2014 GMC Sierra Double Cab Staff finds the bid submitted by Jim Burke Ford, Bakersfield, to be acceptable. Purchasing Division/kb SAPURCHWDMINAdmin 13 -14 \Full size extended cab pickups, 13- 14 -29, November 20, 2013.docx October 31, 2013 Eaulo. number Mileage 5510 123,156 Year and Model Condition 2006 Ford F -150 High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5529 127,323 2007 Ford F -150 High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5536 125,621 2007 Ford F -150 High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5272 112,465 2004 GMC Sierra High mileage. Body and interior will need some mechanical and cosmetic repairs. 5280 109,589 2004 Ford F -150 High mileage. Needs transmission due to wear, it is currently out of service. 5423 144,684 2004 Ford F -150 High mileage. Body and interior have various mechanical and cosmetic defects and needs some repairs. 5531 99,635 2003 Ford Ranger High mileage. Did not pass smog Inspection, vehicle no longer in production. Most replacement parts are out of production. Vehicle taken out of service and sold at auction. MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: 61. u TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 5, 2013 CITY ATTORNEY CITY SUBJECT: Accept bid and approve contract to RailWorks Track Services, Inc. ($100,000.00) for scheduled and on -call maintenance and repair services for the Bakersfield Amtrak Railroad track from "H" Street to Union Avenue for the period from January 1, 2014 to June 30, 2018 (Ward 2). RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: For close to 12 years, the City has contracted out necessary maintenance and repairs of the Bakersfield Amtrak Railroad track from "H" Street to Union Avenue through a railroad construction company. The City is the owner of this segment of track. The City must contract out this work since railroad work requires specialized training and certifications. The current on -call contract for maintenance and repair services expires on December 31, 2013. This new contract will extend the maintenance and repair program for another 4.5 years. All scheduled repairs, scheduled maintenance, and emergency call -outs will be paid on a time - and - material basis at the rates provided in the contractor's fee proposal. On October 3, 2013, a total of two bids were received; both bids are acceptable. Those acceptable bids are as follows: RailWorks Track Services, Inc. 12115 Burke St., Ste. #9 Santa Fe Springs, CA 90670 H & H Engineering Construction, Inc. 212 Industrial Drive Stockton, CA 95206 in the amount of $ 78,180.00 in the amount of $ 97,425.00 The Engineer's Estimate for the contract's 4.5 year term was $100,000. The above bids were based upon anticipated work. Because of the potential for call -out repairs, staff recommends that the contract amount be based upon the Engineer's Estimate of $100,000. Amount paid to the contractor would be limited to work performed on a time - and - material basis as provided in the contractor's fee proposal. PW /Design Engineering /BM /KAM604 GAGROUPDATWDMINRPT \2013 \11- 20Wmtrak Railroad Track Maintenanc And Repair.Doc ADMINISTRATIVE REPORT Article 4 Transportation Development Act funds, which are administered through KernCog, provide the funding source for this contract. Therefore, there is no General Fund impact associated with this contract. Sufficient funds are budgeted to award this contract. Because TDA funds are a state funding source, the contract is subject to prevailing wage requirements. As supplemental information, from H Street to the east, Amtrak trains run on tracks that are owned and maintained by the City. West of H Street, Amtrak trains run on tracks that are owned and maintained by BNSF Railroad. PW /Design Engineering /BM /KAM604 G:\ GROUPDAT \ADMINRPT\2013\11- 20\Amtrak Railroad Track Maintenanc And Repair.Doc MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: 67. V✓ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 29, 2013 APPROVED DEPARTMENT HEAD_ CITY ATTORNEY Pq CITY MANAGER Hosking Avenue Widening and Related Improvements from Wible Road to Hughes Lane (Ward 7): 1. Accept bid and approve contract to Bowman Asphalt, Inc. ($775,957.00). 2. Appropriate $436,000.00 State Local Partnership Program Grant funds to the Public Works Department's Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract and appropriation. BACKGROUND: This project consists of widening the south side of Hosking Avenue and construction of related improvements from Wible Road to Hughes Lane. The project also includes constructing curb, gutter, and sidewalk, drive approaches and driveways, storm drain improvements, asphalt concrete roadway, and striping and pavement markings. The project will accommodate two additional vehicle lanes and new bike lanes, and will improve safety for drivers, pedestrians, and bikers along Hosking Avenue. This project, along with the future SR99 /Hosking Avenue Interchange, increases the capacity of the City's transportation network. This project will be funded by a combination of state grant funding and traffic impact fees. A $436,000 grant was awarded to the City by the California Transportation Commission through the Proposition 1 B's competitive State Local Partnership Program (SLPP). The SLPP funding source requires that local developer fees cover at least 50% of the project's construction cost. This project meets that requirement. The City has until December 31, 2013, to award a construction contract or the City will have to forfeit the SLPP funding. This project was bid as a prevailing wage contract because state funding (SLPP) was involved. The Engineer's Estimate for this construction contract was $801,000. On October 23, 2013, a total of five bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Public Works / Design Engineering / KB G: \GROUPDAT\ADMINRPT\2013 \11 -20 \Hosking Ave. Widening & Related Improvements.doc November 4, 2013, 1:48PM ADMINISTRATIVE REPORT Bowman Asphalt, Inc. 3351 Fairhaven Drive Bakersfield, CA 93308 (County) in the amount of $775,957.00 Griffith Company, Inc. 1 128 Carrier Parkway Avenue Bakersfield, CA 93308 (County) in the amount of $794,147.00 Security Paving Company, Inc. 13170 Telfair Avenue Sylmar, CA 91342 in the amount of $808,865.00 Granite Construction Company 3005 James Road Bakersfield, CA 93308 (County) in the amount of $834,719.00 C. A. Rasmussen, Inc. 28548 Livingston Avenue Valencia, Ca 91355 in the amount of $892,901.70 This Administrative Report includes appropriation of the $436,000 SLPP grant award. The amount to be funded with traffic impact fees is currently budgeted. Since this project is funded with a combination of grant proceeds and traffic impact fees, there is no General Fund impact. Public Works / Design Engineering / KB G: \GROUPDATWDMINRPT \2013 \11- 20 \Hosking Ave. Widening & Related Improvements.doc November 4, 2013, 1:48PM MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar ITEM: 9. tv TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: October 29, 2013 CITY ATTORNEY CITY SUBJECT: Signal and lighting system installations at the intersections of Old Farm Road at Hageman Road and Jewetta Avenue at Hageman Road; install traffic signal interconnect on Hageman Road from Old Farm Road to Verdugo Lane (Ward 4): 1. Accept bid and approve contract to Loop Electric Inc. ($508,890.00). 2. Appropriate $225,000.00 State Local Partnership Program Grant funds to the Public Works Department's Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract and appropriation. BACKGROUND: This project consists of installing two complete traffic signal and lighting systems at the intersections of Old Farm Road at Hageman Road and Jewetta Avenue at Hageman Road. As a result of the interconnect improvements on Hageman Road from Old Farm Road to Verdugo Lane, both signals will be connected to the Traffic Operations Center. Interconnect improvements aid in signal timing thereby reducing both traffic congestion and vehicle emissions. This project will be funded by a combination of state grant funding and traffic impact fees. A $225,000 grant was awarded to the City by the California Transportation Commission through the Proposition 1 B's competitive State Local Partnership Program (SLPP). The SLPP funding source requires that local developer fees cover at least 50% of the project's construction cost. This project meets that requirement. The City has until December 31, 2013, to award a construction contract or the City will have to forfeit the SLPP funding. This project was bid as a prevailing wage contract since state funding (SLPP) was involved. The Engineer's Estimate for this construction contract was $518,154. On October 23, 2013, a total of two bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Public Works / Design Engineering / TOK217 & T3KO55 RT G: \GROUPDATWDMINRPT\ 2013 \11- 20 \HagemanJewettaOldFarm.doc October 30, 2013, 1:34PM ADMINISTRATIVE REPORT Loop Electric Inc. 7040 Downing Ave Bakersfield, CA 93308 (County) A -C Electric Company 315 30th Street Bakersfield, CA 93301 (City) in the amount of $508,890.00 in the amount of $576,500.00 This Administrative Report includes appropriation of the $225,000 SLPP grant award. The amount to be funded with traffic impact fees is currently budgeted. Since this project is funded with a combination of grant proceeds and traffic impact fees, there is no General Fund impact. Public Works / Design Engineering / TOK217 & T3KO55 RT G:\GROUPDATWDMINRPT\ 2013 \11- 20 \HagemanJewettaOldFarm.doc October 30, 2013, 1:34PM 13 1 1. ADMINISTRATIVE REPORT MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar Hearings ITEM: In. ci . TO: Honorable Mayor and City Council APPROVED FROM: Raul M, Rojas, Public Works Director DEPARTMENT HEAD DATE: November 4, 2013 CITY ATTORNEY__ CITY SUBJECT: A public hearing to consider the Resolution ordering the vacation of the alley located In Block 527, between 28th Street and 29th Street, east of Chester Avenue. A finding that the project is exempt from the California Environmental Quality Act will also be considered. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request from San Joaquin Community Hospital to vacate the alley located In Block 527, between 28th Street and 291h Street, east of Chester Avenue, The area is to be used as a parking lot for a new building currently under construction. Preliminary notices were mailed to all adjacent property owners within a 300 foot radius of the proposed vacated area. Public Works has received no objections from those notified as of the date of this report. The City Fire, Police, Public Works, and Community Development Departments have been notified of the request and no objections have been received as of the date of this report, Public Works notes that there Is City sewer facilities located in the alley. The utility companies serving the area have been notified by mail, Public Works has received no objections as of the date of this report. AT &T Indicated that they have existing facilities In the alley, A public utilities easement will be reserved for existing City sewer facilities and public utilities. On September 20, 2013, the Planning Department found the proposed vacation of the alley located in Block 527, between 28th Street and 29th Street, east of Chester Avenue to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402, It was determined that this action Is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. November 4, 2013 G: \GROUPDAT \ADMINRPT \2013\ 11 -20 \28TH & 29- STREETS ALLEY VACATION ADMINISTRATIVE REPORT Resolution of Intention No. 1762 declaring intention to order said proposed vacation was adopted by City Council at the regular meeting of October 16, 2013. Notice of this public hearing has been duly advertised and posted as required by law. /mm November 4, 2013 G: \GROUPDAT \ADMINRPT \2013\ 11 -20 \28TH & 29TH STREETS ALLEY VACATION ADMINISTRATIVE REPORT MEETING DATE: November 20, 2013 AGENDA SECTION: Consent Calendar Hearings ITEM: /Q. b. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 4, 2013 D DEPARTMENT HEAD A.-- CITY ATTORNEY CITY MANAGER SUBJECT: A public hearing to consider the Resolution ordering the vacation of the 29 -foot alley running north -south in Block 9 of the Kruse Tract, between U Street and V Street, south of Truxtun Avenue. A finding that the project is exempt from the California Environmental Quality Act will also be considered. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request from the property owner of 1616 U Street to vacate the 29 -foot alley running north -south in Block 9 of the Kruse Tract, between U Street and V Street, south of Truxtun Avenue. This will give the adjacent property owners more useable land for future additional parking, building, and /or storage yard expansion. Preliminary notices were mailed to all adjacent property owners within a 300 foot radius of the proposed vacated area. Public Works has received no objections from those notified as of the date of this report. The City Fire, Police, Public Works, and Community Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is City sewer facilities located in the alley. The utility companies serving the area have been notified by mall. Public Works has received no objections as of the date of this report. A public utilities easement will be reserved in this alley for existing City sewer facilities. On October 1, 2013, the Planning Department found the proposed vacation of the 29 -foot alley running north -south in Block 9 of the Kruse Tract, between U Street and V Street, south of Truxtun Avenue to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. November 4, 2013 G: \GROUPDAT \ADMINRPT \2013 \11- 20 \U -V STREET ALLEY VACATION ADMINISTRATIVE REPORT Resolution of Intention No, 1763 declaring intention to order said proposed vacation waE adopted by City Council at the regular meeting of October 16, 2013, Notice of this public hearing has been duly advertised and posted as required by law, /mm November 4, 2013 G: \GROUPDAT \ADMINRPT \2013\ 11- 20 \U -V STREET ALLEY VACATION MEETING DATE: November 20, 2013 AGENDA SECTION: Deferred Business ITEM: J TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: November 13, 2013 APPROVED DEPARTMENT HEAD NIL CITY ATTORNEY CITY MANAGER IV SUBJECT: Adoption of an Ordinance Granting to Southern California Gas Company and Its Successors and Assigns a Franchise to Construct, Maintain, and Use Pipes and Appurtenances for Transmitting and Distributing Gas Within the City of Bakersfield for any and all Purposes. RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was at the City Council meeting held on October 16, 2013. There were no written or oral comments made by the public at the hearing. Exlstina 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. November 13, 2013, 8:19AM 8:\000NCILWdmins \13-11 Admins'So Cal Gas - Franchise Ord Admin.2nd Rdg.Docx ADMINISTRATIVE REPORT 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. SCG anticipates that the CPUC approval process could take several months. 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. 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 with SCG includes clarifications consistent with the 2008 PG &E renewal 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 highways 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: Assuming that the Council adopts the ordinance, it will become effective in 30 days, December 20, 2013. Following Council's approval of the second reading, SCG will submit its request for approval of the surcharge to the CPUC. Recommendation: Staff is recommending that the Council adopt the ordinance granting the proposed gas franchise to SCG, which includes the I% 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. Under the terms of this new franchise, SCG will be abandoning its existing franchise (set to expire on or about March 23, 2014) when this new franchise becomes effective. The prior franchise ordinance is attached for reference purposes. A Service /Territory Map is attached describing SCG's service area within the City limits. November 13, 2013, 8:17AM SACOUNCILWIminM13 -11 AdminMSo Cal OasFranchise Ord Admin.2nd Rdg.Dom BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 6, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan, Johnson Absent: Vice -Mayor Weir a. Introduction of student body representatives participating in the 59th consecutive Teen Government Day. Ben Ward, East Bakersfield High School; Alyssa Wright, Highland High School; Sophia Busacca, Liberty High School; Alexandra Machuca, South High School; Shane Dozier, North High School; Evie Enderle, Stockdale High School; Drew Holliday, Frontier High School; Amairany Melo, Mira Monte High School; Austin Huckaby, Bakersfield Christian High School; Ana Zamudio, Foothill High School; Yultzin Angeles, Golden Valley High School; Bridget Dunphy, Bakersfield High School; and Ali Champness, Garces Memorial High School. 2. INVOCATION by Pastor Rick Prevost, Fellowship Baptist Church. 3. PLEDGE OF ALLEGIANCE by Councilmember Hanson. Mayor Hall acknowledged the students from the Bakersfield College and the California State University, Bakersfield, Political Science classes in attendance at the meeting to learn about City government. ACTION TAKEN Bakersfield, California, November 6, 2013 - Page 2 4. PRESENTATIONS ACTION TAKEN a. Presentation by Mayor Hall of a Certificate of Appreciation to Jay Escover, Lassen's Store Manager, for supporting and contributing to the success of Make a Difference Day over the past eight years. Mr. Escover accepted the Certificate and made comments. b. Presentation by Mayor Hall of a Proclamation to Jeffery Pickering, President and CEO of the Kern Community Foundation, declaring December 3, 2013, Giving Day. Mr. Pickering accepted the Proclamation and made comments. 5. PUBLIC STATEMENTS a. Robert Braley spoke regarding the Centennial Corridor Project, feels this project should be put before the voters and that it should be separated from all the others; and he submitted written material. 6. WORKSHOPS None. 7. APPOINTMENTS None. S. CONSENT CALENDAR Minutes: a. Approval of minutes of the October 16, 2013, Regular City Council Meetings. Payments: b. Receive and file department payments from October 3, 2013, to October 24, 2013, in the amount of $24,957,690.51 and self- insurance payments from October 3, 2013, to October 24, 2013, in the amount of $524,773.61, totaling $25,482,464.12. Bakersfield, California, November 6, 2013 — Page 3 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: C. First Reading of Ordinance amending the FR Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One - Family Dwelling Zone) to P.U.D. (Planned Unit Development Zone) on 6.25 acres located at 6901 Ming Avenue. A categorical exemption applies to this project. (ZC # -13 -0260 - In -Shape Health Clubs, LLC, representing Bakersfield Ming LLC). d. First Reading of the following Ordinances amending various sections of the Municipal Code: 1. Amending Section 2.04.100 relating to FR Public Statements at City Council Meetings. 2. Amending Section 2.62.030 relating to FR Term of Office of Keep Bakersfield Beautiful Members. 3. Amending Section 3.40.040 relating to FR Reports and Remittances for Transient Lodging Tax. 4. Amending Chapter 3.40 by adding FR Section 3.40.140 relating to Disclosure of Confidential Information. 5. Amending Section 5.02.010, subsection E, FR relating to Business License Tax Definitions. 6. Adding Chapter 10.66 relating to Access FR to Freeways, Expressways or Designated Portions thereof. 7. Amending Section 12.16.140 relating to FR Security Requirements for Construction Work in Streets. 8. Amending Section 12.56.020, subsection FR E, relating to Community Parks. 9. Amending Section 13.12.030, subsection FR B, relating to Development Improvement Standards and Specifications. Bakersfield, California, November 6, 2013 — Page 4 8. CONSENT CALENDAR continued Item 8.d. continued 10. Amending Chapter 14.04, Sections 14.04.011 and 14.04.240, subsection A, relating to Water Service Areas and Installation of Water Service Connections. 11. Deleting Section 14.24.050 relating to Pits. 12. Amending Chapter 15.79 relating to Density Bonuses. 13. Amending Section 16.32.060, subsection D, relating to Payment of Fees for Planned Drainage Facilities. 14. Amending Section 17.08.125 relating to Street Setback Exceptions. 15. Amending Sections 17.58.110, subsections C and E, and 17.58.210 relating to Parking Space Requirements. e. Adoption of Ordinance amending Chapter 15.65 of the Municipal Code relating to the California Fire Code. (FR 10/16/13) f. Adoption of Ordinance amending Chapter 14.12 Title 14 of the Municipal Code relating to sewers. (FR 10/16/13) Resolutions: g. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. ACTION TAKEN FR REMOVED BY STAFF REMOVED FOR SEPARATE CONSIDERATION FR FR FR ORD 4739 ORD 4740 RES 140 -13 Bakersfield, California, November 6, 2013 — Page 5 8. CONSENT CALENDAR continued h. American Public Works Association Accreditation Process: 1. Resolution determining that the Bakersfield City Council supports the Public Works Department pursuing the American Public Works Association (APWA) Accreditation Process. 2. Agreement with the Accreditation Council, a Division of the American Public Works Association (APWA), ($20,200 plus direct costs associated with on -site evaluation) to undergo the APWA Accreditation Process. Amendment No. 8 to Agreement No. 97 -39 with California Public Employees' Retirement System (CalPERS): 1. Resolution of Intention to approve amendment to the contract with California Public Employees' Retirement System. 2. First Reading of Ordinance authorizing an amendment to the contract with the Board of Administration of the California Public Employees' Retirement System to provide Section 21548 (pre- retirement option 2W Death Benefit) for local police safety members. Agreements: j. Reimbursement Agreement with North Kern Water Storage District (not to exceed $53,861) for City's pro -rata share of costs to participate in Kern River Weather Modification Program for the 2013/2014 season. k. Agreement with Siemens Corporation ($310,000) for furnishing and installing an aeration blower for Wastewater Treatment Plant No. 3. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION RES 142 -13 FR AGR 13 -179 AGR 13 -180 Bakersfield, California, November 6, 2013 — Page 6 8. CONSENT CALENDAR continued Settlement Agreement and Release of all Claims with MGE Underground, Inc. ($257,743.17 funded with Transportation Development Funds; release of $217,320.70 in retention), for work performed on the Westside Parkway, Phase 6A, Relocation of Utilities Project. (TRIP) M. Street Utility Cut Guarantee Agreement with Vaughn Water Company, in which water purveyor guarantees the quality of its work repairing City streets after installing, replacing or repairing purveyor's water lines within City streets. n. License Agreement with East Niles Community Services District, for locating water lines and an access road in conjunction with the Morning Drive Interchange Project through City parcel (APN 434 - 010 -06). (TRIP) o. Amendment No. 2 to Agreement No. 13 -062 with Cen -Cal Construction ($150,000; revised not to exceed $609,164.60 and extend term six months) for the construction of HUD curb and gutter. P. Amendment No. 1 to Agreement No. 12 -151 with Toter, LLC ($3,487,662.75; revised not to exceed $6,975,325.50 and extending term one year), for continuing the supply of refuse, recycling and green waste carts. q. Contract Change Order No. 1 to Agreement No. 13 -094 with Brown and Fowler Construction, Inc. ($19,178; revised not to exceed $350,178), for the Beale and Saunders Parks Playground Rehabilitation Project. Bids: Miscellaneous: r. Appropriate $100,000 additional construction inspection revenue to the Public Works Department's Operating Budget within the Development Services Fund for construction inspection services related to development activity. ACTION TAKEN AGR 13 -181 AGR 13 -182 AGR 13 -183 AGR 13- 062(2) AGR 12- 151(1) AGR 13 -094 CC01 Bakersfield, California, November 6, 2013 — Page 7 8. CONSENT CALENDAR continued Appropriate $223,200 Transportation Development Act Article 3 Grant Funds and appropriate and transfer $24,800 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, for bike lane improvements on Akers Road between McKee Road to Wilson Road. Appropriate $215,569 Federal Grant Revenues (Selective Traffic Enforcement Program Grant from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for traffic enforcement strategies and to purchase equipment and services for the Traffic Division. U. Appropriate $43,942 Federal Grant Revenues to the General Fund Police Operating Budget, to fund the "A Life Interrupted" Program. V. Appropriate $130,000 Federal Grant Revenues (Fiscal Year 2013 -14 Sobriety Checkpoint Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for DUI Checkpoints in the Traffic Division. W. Appropriate $195,000 Federal Grant Revenues to the General Fund Police Operating Budget, to fund the Kern Avoid the 18 DUI Campaign. X. Appropriate $100,000 County Grant Revenues to the General Fund Police Operating Budget, to provide funding to deter, investigate and prosecute real estate fraud crimes. Y. Appropriate $154,003 Federal Grant Revenues (2013 JAG /Byrne Local Grant from the Bureau of Justice Assistance) to the General Fund Police Operating Budget, to provide overtime for BPD School Resource Officers and Targeted Case Management services, in partnership with Project 180, to assess and respond to internal /external threats in schools and to reduce truancy. ACTION TAKEN 8. Bakersfield, California, November 6, 2013 — Page 8 CONSENT CALENDAR continued ACTION TAKEN Z. Homeland Security FY2013 Grant: 1. Accept Federal Grant for $16,500 for FY2013 Homeland Security Grant. 2. Approve appropriation of $16,500 FY2013 Homeland Security Grant funds to the Fire Department Operating Budget within the General Fund for Hazardous Material Training. aa. Quitclaim deed to correct legal description at DEED 7713 the southwest corner of Olive Drive and Calloway Road. City Clerk Gafford announced that a memorandum from staff has been received requesting item 8.d.11. be pulled from the Agenda. Councilmember Maxwell requested that items 8.d.12. and 8.h. be removed for separate consideration. Motion by Councllmember Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.aa., with the removal of AB WEIR Items 8.d.12. and 8.h. for separate consideration; and with the removal by staff of Item 8.d.11. h. American Public Works Association Accreditation Process: 1. Resolution determining that the RES 141 -13 Bakersfield City Council supports the Public Works Department pursuing the American Public Works Association (APWA) Accreditation Process. 2. Agreement with the Accreditation AGR 13 -178 Council, a Division of the American Public Works Association (APWA), ($20,200 plus direct costs associated with on -site evaluation) to undergo the APWA Accreditation Process. In response to questions from Councilmember Maxwell, Public Works Director Rojas explained the accreditation process and the benefits for the City. Motion by Councllmember Maxwell to adopt Consent APPROVED Calendar Item 8.h. AB WEIR Bakersfield, California, November 6, 2013 — Page 9 8. CONSENT CALENDAR continued ACTION TAKEN d. First Reading of the following Ordinances amending various sections of the Municipal Code: 12. Amending Chapter 15.79 relating to FR Density Bonuses. In response to questions from Councilmember Maxwell, Community Development Director Mclsaac clarified the reasons for the language changes to Chapter 15.79 of the Municipal Code. Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar item 8.d.12. AB WEIR Mayor Hall recessed the meeting at 5:46 p.m. and reconvened the meeting at 5:54 p.m. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider the proposed expenditure plan for the 2013 -14 Supplemental Law Enforcement Services Funding (S.L.E.S.F.). (Staff recommends approval of the proposed expenditures and appropriations.) 1. Appropriate $570,016 State Grant revenues to the Police Operating budget within the S.L.E.S.F. Fund. b. First Reading of Ordinance amending Sections FR 15.04, 15.05, 15.07, 15.09, 15.11, 15.13, 15.15, 15.17 and 15.19 of the Municipal Code relating to the Building and Construction codes, specifically the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code, California Residential Code and California Green Building Code, 2013 editions. (Staff recommends First Reading of Ordinance.) Consent Calendar Public Hearings opened at 5:54 p.m. No one spoke. Consent Calendar Public Hearings closed at 5:55 p.m. Motion by Counclimember Hanson to adopt Consent APPROVED Calendar Public Hearings Items 9.a. and 9.b. AB WEIR IN 11. Bakersfield, California, November 6, 2013 —Page 10 HEARINGS None. REPORTS a. Report regarding the Cul -de -Sac Project, south of 24th Street. City Clerk Gafford announced that correspondence was received from Darlene Vangel, Vanessa Vangel, and Lamar Kerley regarding this item. Public Works Director Rojas made staff comments and provided a PowerPoint presentation. The following individuals spoke in support of the cul -de -sacs: Dominique Minaberrigarai, Wayne Kress, and Michael Hawkesworth. The following individuals spoke in opposition to the cul -de -sacs: Anne Seydel and Vanessa Vangel. Motion by Councllmember Hanson to continue this Item to the December l Irh Council meeting for further discussion and possible action at that time. Councllmember Maxwell offered a friendly amendment to bring this matter back to the full Council In January. Motion by Councllmember Johnson to receive and file the Report. City Attorney Gennaro clarified that the motion on the table at the current time and that takes priority over another motion is by Councilmember Hanson, with the friendly amendment from Councilmember Maxwell, which is to continue the topic to a further meeting of the full Council. Motion by Councllmember Hanson, with the friendly amendment from Councilmember Maxwell, to continue this Item and bring it back to the full Council in January for further discussion and possible action at that time. ACTION TAKEN APPROVED NOES JOHNSON, SMITH AB WEIR 12. Bakersfield, California, November 6, 2013 — Page 11 DEFERRED BUSINESS ACTION TAKEN None. 13. NEW BUSINESS a. Resolution setting the dates of Regular City RES 143 -13 Council Meetings, Budget Hearings, and Department Budget Presentations for January through December 2014. City Manager Tandy made staff comments and recommended adoption of the Resolution. Councilmember Hanson advised he has a conflict In October and requested that date be left In abeyance until he has a chance to meet with Vice -Mayor Weir. Councilmember Johnson advised he will be voting against the 3:30 p.m. start time for Closed Session. Motion b Councllmember Hanson to adopt the APPROVED Y p NOES JOHNSON Resolution. AS WEIR 14. COUNCIL AND MAYOR STATEMENTS Councllmember Rivera requested a meeting with staff from the City Attorney's Office, Code Enforcement, and some of the larger grocery stores In Ward 1 to tackle the Issue of cleaning up the grocery carts In southeast Bakersfield. Councllmember Johnson asked staff to look Into the feasibility of constructing a spray park In Ward 7. Councllmember Maxwell asked that a task force be put together to solve some of the problems with regard to nefarious activity and unseemly people In the area of 19th and M streets, at the hotel on the northwest corner. Councllmember Maxwell asked that the City Manager provide an accounting of the $80 million figure It would cost the City to stop any of the TRIP projects and to provide documentation that substantiates that claim. Councilmember Smith thanked staff for applying for and getting the Transportation Development Act funds for bikeways on Akers Road. Bakersfield, California, November 6, 2013 — Page 12 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Hanson advised that he would like to see the littering fines be made as stiff as possible. Councilmember Hanson asked about the work being done by Shell Oil in front of a restaurant and was advised by staff that the work is going to be done at night so as not to impact the business. Mayor Hall provided an update on the progress being made with the various litter pickup programs, pointing out that almost 60 tons of litter were collected in October, and acknowledged the efforts of the various organizations, volunteers, and sponsors involved in this effort. Mayor Hall congratulated Fire Chief Greener on his 25 years of service and acknowledged the outstanding contributions that he has made to our City through his leadership with the Fire Department. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 7:01 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield