HomeMy WebLinkAbout05/21/14_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF MAY 21, 2014
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meeting - 2:00 p.m. and Regular Meeting - 5:15 p.m.
SPECIAL MEETING - 2:00 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d)(1) for the following:
1. City v. Kern County, et al., Kings County Superior Court Case No, 13 C 0180.
2. Citizens Against The 24'h Street Widening Project v. City, et al., Kern County
Superior Court Case No, S- 1500 -CV- 281556, KCT.
3. City v. All Persons Interested in the Matter, etc., Kern County Superior Court
Case No, S- 1500 -CV- 280593, DRL,
4. Gary Willis v. City, et al., USDC Case No, CV -04 -06542 AWI LJO,
5, Truxtun Court Partners, et al. v. City, et al., Kern County Superior Court Case
No. S- 1500 -CV- 278941, SPC.
b. Conference with Legal Counsel - Initiation of Litigation; Close Session pursuant to
Government Code Section 54956.9 (d)(4) (two potential Issues).
C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
4. CLOSED SESSION ACTION
5. ADJOURNMENT
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
2. INVOCATION by Minister Cathy Shelton, Cornerstone Church.
3. PLEDGE OF ALLEGIANCE by Jasmine Balboa, 5m grade student at McAuliffe Elementary
School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Certificate of Appreciation to David K. Cohn,
Managing Partner, and Matthew C, Clark, Partner, representing the law firm of
Chaln /Cohn /Stiles, for providing sponsorship funding to support the cooperative
effort by the City, Keep Bakersfield Beautiful, and the Bakersfield Homeless Center to
remove litter along freeway frontages.
b. Presentation by Mayor Hall of a Proclamation to On Man Lau, President of the
American Public Works Association, Central California Chapter, Kern Branch,
declaring May 18 -21, 2014 as National Public Works Week.
C. Presentation by Mayor Hall of an Award of Merit conferred by the California
Association for Local Economic Development Awards of Excellence Program to the
Greater Bakersfield Convention and Visitors Bureau for outstanding efforts and
achievements In economic development advertising, marketing and promotion
during 2013.
5. PUBLIC STATEMENTS
6. WORKSHOPS
a. Department Budget Presentations;
1, Fire Department
2. Police Department
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the May 7, 2014, Regular City Council Meetings.
Payments:
b. Receive and file department payments from April 25, 2014, to May 8, 2014, In the
amount of $8,977,693.11 and self- insurance payments from April 25, 2014, to May 8,
2014, in the amount of $279,709,31, totaling, $9,257,402,42.
City Council Meeting of 05/21/2014
8. CONSENT CALENDAR continued
Ordinances:
C. First Reading of the following Ordinances amending various sections of the Municipal
Code;
1. Amending Chapter 5.45 relating to Sidewalk Pushcart Food Vendors.
2. Amending Section 5.26.040 relating to Regulations for Hotels and
Lodginghouses.
3. Amending Chapter 5.56 relating to Transient Outdoor Business Licenses.
4. Amending Section 10.69.040 relating to Special Events In Residential Zones.
5. Amending Section 12.20.035 relating to Encroachment Permits,
6. Amending Section 14.12.390 relating to Sewer Connection Fees.
7. Amending Section 14.20.020 relating to Health Officer Approval of Sewer
Systems.
8. Amending Section 16.32.040 relating to Amount of Security for Subdivision
Improvements.
9. Amending Section 16.32.100, Subsection B relating to Survey Requirements -
Monuments.
10. Amending Section 17.08.180 relating to Fence, Walls and Hedges.
11. Amending Section 17,59.030, Subsection C relating to Fencing for Wireless
Telecommunications Facilities,
12. Amending Section 17.66.030 relating to Maximum Grade of Streets and Other
Easements.
(Ward 4) d. Adoption of Ordinance updating previously adopted Ordinance No. 4511 that
changed the zone district from C -2 to C -2 /PCD (LC 07 -2098) on approximately 47.65
acres for the Riverwalk Commercial Center located along the north side of
Stockdale Highway between Calloway Drive and Buena Vista Road. (ZC No. 14 -0061
McIntosh & Associates, representing Castle & Cooke Commercial -CA). (FRo4lmlu)
Resolutions:
e. Resolution adopting the Investment Policy of the City.
(Ward 2) f. Resolution authorizing the filing of an application with the Kern Council of
Governments for allocation of Transportation Development Act Funds for Fiscal Year
2014 -15 ($221,356) for the maintenance of the Bakersfield Amtrak Station during said
fiscal year.
(Ward 5,6,7) g. Resolution approving the application for $127,000 in grant funds from the Remove II
Program administered by the San Joaquin Valley Air Pollution Control District for
Installation of five miles of signing and marking on both sides of Harris Road from
Wlble Road to Gosford Road and from Gosford Road to Buena Vista Road.
(Ward 6) h. Resolution approving the application (not to exceed $150,000) in grant funds from
the Title XVI Water Reclamation and Reuse Program administered by the United
States Bureau of Reclamation to conduct feasibility studies for water reclamation
and reuse programs at Wastewater Treatment Plant No, 3.
City Council Meeting of 05/21/2014
8. CONSENT CALENDAR continued
(Ward 2) i. Sewer connection and construction fees assessment for 112 Candy Street:
1. Resolution confirming assessments for sewer connection and construction and
authorizing the collection of assessments by the Kern County Tax Collector.
2. Agreement with David Preston Heisler, to pay sewer connection and
construction fees through the Kern County Tax Collector,
(Ward 3,4,5,6,7) j. Resolutions adding the following territories to the Consolidated Maintenance
District and approving, confirming and adopting the Public Works Director's
Report for each:
1. Area 1 -100 (Tentative Tract 7218 - southeast corner of Olive Drive and Rudd
Avenue)
2. Area 1 -101 (northeast corner of Reina Road and Santa Fe Way)
3. Area 1 -102 (2620 Mosasco Avenue)
4. Area 2 -57 (southwest corner of Ming Avenue and Renfro Road)
5. Area 2 -58 (McNair Lane and Ride Street)
6. Area 3 -91 (Compagnoni Street and Taft Highway)
7. Area 4 -119 (5645 Auburn Street)
(Ward 2,3,4,5) k. Resolutions of Intention adding the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming and adopting the
Public Works Director's Report for each:
1. ROI No, 1791 adding Area 1 -96 (Birchhaven Avenue and Jewetta Avenue)
2. ROI No. 1794 adding Area 3 -92 (Tentative Tract 7243 on the eastside of Old
River Road, south of Berkshire Road)
3. ROI No, 1795 adding Area 4 -120 (900 H Street)
4. ROI No, 1796 adding Area 4 -121 (3728 Arrow Street)
Agreements:
I. Agreement with GRC Associates, Inc, ($76,000), for assistance in the preparation of
the 2010 -2015 Consolidated Plan, the Annual Action Plan, the Citizen Participation
Plan, and the Analysis of Impediments to Fair Housing Choices for the U,S,
Department of Housing and Urban Development.
M. Agreement with William Avery and Associates, Inc., Fiscal Years 2014/2015 ($49,800)
and Fiscal Years 2015/2016 ($49,800), for labor negotiation and consulting services.
n. Agreement with Hanna, Brophy, MacLean, McAleer & Jensen (not to exceed
$320,000 for a two year period with an additional option year) for Worker's
Compensation Legal Defense Services to be utilized at the City's discretion.
o. Agreement with Duane Morris, LLP, for Fiscal Years 2014/2015 ($1,000,000), 2015/2016
($1,125,000), 2016/2017 ($1,500,000) for legal services regarding water related
matters,
(Ward 6) P. Design Consultant Agreement with RRM Design Group ($515,030) for engineering
design services for the Sports Village Phase 3 Project.
(Ward 3) q. Utility Agreement with AT &T ($282,199.14; Roads Program Utility /Surcharge Fund) for
the relocation of overhead telecommunications facilities In advance of the State
Route 178 Widening Project. (TRIP)
4 City Council Meeting of 05/21/2014
8. CONSENT CALENDAR continued
(Ward 123,63) r. Cooperative Agreement with the State of California Department of Transportation
(Caltrans) for the Beltway Operational Improvements Project. (TRIP)
(Ward 4,5,6,7) S. Agreement between City and Kern County Water Agency Improvement District
No, 4 (not to exceed $385,000) for a supplemental dry year water supply,
(Wards 7) t. State Route 99 at Hosking Avenue Interchange Project: (TRIP)
1. Amendment No. 3 to Agreement No, 07 -132 with Parsons Transportation
Group, Inc, ($251,838.70; revised not to exceed $3,546,316,46), for additional
engineering services for Final Plans, Specifications and Estimate (PS &E).
2. Appropriate $252,000 additional traffic Impact fee revenue to the Public
Works Capital Improvement budget within the Transportation Development
Fund.
(Ward 3) U. Contract Change Order Nos. 3, 6, 12, 15 and 16 to Agreement No. 13 -118 with
Granite Construction, Inc, ($242,502.20; revised not to exceed $25,775,979.29;
change order funded with Federal Earmark Funds - 88.53 %, and Capital Outlay
Utility /Roads Fund - 11,47 %), for the State Route 178 and Morning Drive Interchange
Project, (TRIP)
Bids:
V. Accept bid from Berchtold Equipment Company ($210,006.94) for three
replacement backhoe loaders with industrial flat decks for use by the Public Works
Department, Streets Division.
(Ward 2) W. Accept bid and approve contract with Pacific West Sound ($73,950,51) for an audio
system upgrade at Rabobank Theater.
(Ward 6,7) X. Accept bid and approve contract with Sterndahl Enterprises, Inc. ($60,744.30), for
Bike Lane Improvements on Akers Road from McKee Road to Wilson Road - Phase 1,
(Ward 4) Y. Accept bid and approve contract with Loop Electric, Inc. ($172,723.35), for Traffic
Signal and Lighting Installation at the intersection of Old Farm Road and Olive Drive,
Miscellaneous:
(Ward 6) Z. Dedication of freeway right of way to Caltrans on the north side of Taff Highway from
Gosford Road to Ashe Road,
aa. Repeal of City Council approval for Staff Support and Technology Funding.
(Ward 3) bb. Settlement approval in the matter of the City v. Anthony C. Evans and Carol Ross
Evans, etc., et al,, ($85,000) related to the acquisition of property for the State Route
178 and Morning Drive Interchange Project.
cc, 2014 City Council Goals Update
Phase 2: Additional Proposed Revisions requested by City Councilmembers,
Successor Agency Business:
dd. Receive and file successor agency payments from April 25, 2014, to May 8, 2014, in
the amount of $7,217.36.
Staff recommends adoption of Consent Calendar items 8a, through 8.dd.
5 City Council Meeting of 05/21/2014
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
11. REPORTS
a. Department Budget Presentations:
1. Public Works Department
b. Freeway Litter Program:
Report on freeway litter program.
2. Memorandum of Agreement with Kern Council of Governments ($150,000) to
provide continuation of funding for the program for Fiscal Year 2014/15.
3. Amendment No. 2 to Agreement No. 13 -072 with the Bakersfield Homeless
Center ($150,000; revised not to exceed $840,640) for litter removal services.
4. Appropriate $150,000 Other Agency Share of Project Costs to the Public Works
Department's Operating Budget within the Refuse Fund to provide funding for
the program.
Staff recommends approval of Agreements and appropriation of funds.
12. DEFERRED BUSINESS
a. Adoption of Ordinances amending the text of the Municipal Code, specifically
Chapter 17.10 (One Family Dwelling Zone) and Section 16.28.170 (Subdivision Lot
Design Standards) creating a new R -1-4.5 zone district (Small Lot One - Family Dwelling
4,500- square foot lot minimum) with related changes to the front and rear building
setback requirements and subdivision lot design standards. (FR 03/19/14)
Staff recommends adoption of Ordinances.
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
5/16/14 8:50am
City Council Meeting of 05/21/2014
AGENDA HIGHLIGHTS
May 21, 2014 COUNCIL MEETING
SPECIAL MEETING - 2:00 p.m.
NOTE: Due to the number of closed session Items, a special meeting will be called to order
at 2:00 p.m., followed by Public Statements that will encourage comments pertaining 2WX
to Closed Session matters. The Council will then recess Into Closed Session. Upon
conclusion of the Closed Session, any 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.
CLOSED SESSIONS
There will be a conference with legal counsel regarding five matters of existing litigation,
two matters pertaining to initiation of litigation and a conference with the labor
negotiator.
REGULAR MEETING -5:15 p.m.
Items 6a 1. and 6a 2. Department Budget Presentations. Staff from the Fire and Police
Department's will present their respective department's proposed operating and capital
improvement budgets for FY 2014 -15.
Item 8c. 'Update and /or Minor Corrections to Various Ordinances. Periodically, City
departments request minor changes in existing ordinances to reflect current practice,
correct typographical errors, or to make a section read better. This item requests first
reading of a series of minor revisions, as described in the Administrative Report from the
City Attorney's Office.
Item 8h. Approval of Grant Application for Wastewater Feasibility Study The City's
Wastewater Treatment Plant No. 3 produces up to 2 million gallons a day of disinfected
tertiary recycled wastewater. Approximately 1 million gallons a day is currently used to
irrigate the adjacent State Farm Sports Village athletic fields; however there are additional
opportunities for the usage of the treated water. The proposed grant application would
authorize the City to receive up to $150,000 from the United States Bureau of Reclamation
for the purpose of producing a feasibility study focusing on potential additional uses,
including the sale of tertiary recycled wastewater. If awarded, the City is required to
provide a match of $150,000 of Sewer Enterprise Funds.
Item 8cc. 2014 City Council Goals Update, The 2014 Goals document has been updated
with revisions that have been proposed by Councilmembers at the March 19 and May 7,
2014 Council Meetings and is recommended for adoption.
Items I la. Department Budget Presentation. Staff from the Public Works Department will
present their proposed department operating and capital improvement budget for FY
2014 -15.
Items 1 l 1 -4. Freeway Litter Program. Per Councilmember request, staff from the Public
Works Department will provide the City Council with an update on the Freeway Litter
Program. The three additional items are related to a new memorandum of agreement
with the Kern Council of Governments (KernCOG) for continued funding for the Freeway
Litter Program. The new MOA provides $150,000 in funding for the program in FY 2014 -15.
This is a $50,000 increase over the KernCOG contribution of $100,000 in the current fiscal
year. Staff is also recommending corresponding actions to amend the Bakersfield
Homeless Center agreement to reflect this funding source and an action to appropriate
the funds within the Public Works operating budget. The City wishes to recognize
KernCOG, CalTrans and the Bakersfield Homeless Center for continuing this cooperative
partnership with the City to address litter on freeways within the City.
Item 12a. Adoption of ordinances to create a new small lot. single - family zone. First
reading of the ordinances was given during the March 19, 2014 Council Meeting. At that
time, Councilmember Maxwell requested the ordinances come back to the Council for
second reading in May and include a brief presentation by staff before the full Council.
The proposed ordinances would create a smaller single - family lots (less than 6,000 square
feet), under a new zone district, to be known as R -1 -4.5 (a small lot single - family dwelling,
with a minimum 4,500 square foot lot). This option would not conflict with the General Plan
and would eliminate the need to rezone property to R -2, multi- family, which sometimes
causes public concern. A zone change for the new proposed designation would still be
required to allow for public input. Community Development staff will provide a brief
presentation on the proposed new zone.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - May 21, 2014 Council Meeting
Page 2
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ADMINISTRATIVE REPORT
MEETING DATE: May 21, 2014 AGENDA SECTION: Closed Session
ITEM: S. a, .
TO:
FROM:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DATE: May 9, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY V(T-
CITY MANAGER
SUBJECT: Conference with Legal Counsel — Existing Litigation
Closed session pursuant to Government Code section 54956.9(d) (1)
• City of Bakersfield v. Kern County, et al.
Kings County Superior Court Case No. 13 C 0180
• Citizens Against The 24th Street Widening Project v. City of
Bakersfield, et al.
Kern County Superior Court Case No. S- 1500 -CV- 281556, KCT
• City of Bakersfield v. All Persons Interested in the Matter, etc.
Kern County Superior Court Case No. S- 1500 -CV- 280593, DRL
• Gary Willis v. City of Bakersfield, et al.
USDC Case No. CV -04 -06542 AWI LJO
• Truxtun Court Partners, et al. v. City of Bakersfield, et al.
Kern County Superior Court Case No. S- 1500 -CV- 278941, SPC
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ADMINISTRATIVE REPORT
MEETING DATE: May 21, 2014 AGENDA SECTION: Closed Session
ITEM: S.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: May 8, 2014
DEPARTMENT HEAD
APPROVED
Vd-
CITY ATTORNEY V
CITY MANAGER
SUBJECT: Conference with Legal Counsel — Initiation of Litigation
Closed session pursuant to Government Code section 54956.9(d)(4) (two potential
issues).
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ADMINISTRATIVE REPORT
MEETING DATE: May 21, 2014 AGENDA SECTION: Closed Session
ITEM: 0 - C .
TO:
FROM:
DATE:
SUBJECT
VG:Isc
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 8, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Labor Negotiator pursuant to Government Code section
54957.6.
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ADMINISTRATIVE REPORT
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MEETING DATE: May 21, 2014 AGENDA SECTION: Presentations
ITEM: 4. Q .
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: May 8, 2014
P D
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Vkv
SUBJECT: Presentation by Mayor Hall of Certificate of Appreciation to David K. Cohn, Managing
Partner, and Matthew C. Clark, Partner, representing the law firm of ChainjCohnjStiles for
providing sponsorship funding to support the cooperative effort by the city, Keep Bakersfield
Beautiful, and the Bakersfield Homeless Center to remove litter along freeway frontages.
RECOMMENDATION:
BACKGROUND:
krt
May 9, 2014, 10:59AM
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ADMINISTRATIVE REPORT
MEETING DATE: May 21, 2014 AGENDA SECTION: Presentations
ITEM: #-b-
TO: Honorable Mayor and City Council A P
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: May 8, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to On Man Lau, President of the American
Public Works Association, Central California Chapter, Kern Branch, declaring May 18 -21,
2014 as "National Public Works Week" in Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
May 8, 2014, 12:21 PM
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ADMINISTRATIVE REPORT
MEETING DATE: May 21, 2014 AGENDA SECTION: Presentations
ITEM: *. C .
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: May 9, 2014
PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER j
SUBJECT: Presentation by Mayor Hall of an Award of Merit conferred by the California Association for
Local Economic Development Awards of Excellence Program to the Greater Bakersfield
Convention and Visitors Bureau for outstanding efforts and achievements in economic
development advertising, marketing, and promotion during 2013.
RECOMMENDATION:
BACKGROUND:
krt
May 9, 2014, 9:33AM
MEETING DATE: May 21, 2014 AGENDA SECTION: Workshops
ITEM: to. Q .
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: May 2, 2014
SUBJECT: Department Budget Presentations
1. Fire Department
2. Police Department
DEPARTMENT HEAD
CITY ATTORNEY lv
CITY MANAGER
BACKGROUND: Staff from the Fire and Police Departments will provide a detailed overview of
their FY 2014 -15 proposed operating budgets. The budget overview will include discussion
regarding the goals, accomplishments, and significant budget changes for the respective
departments.
AT:ch:al
5/2/14
SA 14-15 BUDPRO \Budget Admins, Resos \Budget Presentation 05.21.14 - FD, WR.docx
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ADMINISTRATIVE REPORT
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: A rL .
TO: Honorable Mayor and City Council
FROM: Roberta Gafford, City Clerk
DATE: May 9, 2014
APPROVED
DEPARTMENT HEAD & r"
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the May 7, 2014, Regular City Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: 8, b
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAI
DATE: May 8, 2014 CITY ATTORNE'
CITY MANAGE
SUBJECT: Receive and file department payments from April 25, 2014 to May 8,
2014 in the amount of $8,977,693.11 Self Insurance payments from
April 25, 2014 to May 8, 2014 in the amount of $279,709.31
totaling $9,257,402.42
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
May 9, 2014, 8:OOAM
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IF 0
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: g. C ,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 15, 2014
APPROVED
DEPARTMENT HEAD T7
CITY ATTORNEY
CITY MANAGER
1. First Reading of Ordinance Amending Chapter 5.45 re:
Sidewalk Pushcart Food Vendors.
2. First Reading of Ordinance Amending Section 5.26.040 re:
Regulations for Hotels and Lodginghouses.
3. First Reading of Ordinance Amending Chapter 5.56 re:
Transient Outdoor Business Licenses.
4. First Reading of Ordinance Amending Section 10.69.040 re:
Special Events in Residential Zones.
5. First Reading of Ordinance Amending Section 12.20.035 re:
Encroachment Permits.
6. First Reading of Ordinance Amending Section 14.12.390 re:
Sewer Connection Fees.
7. First Reading of Ordinance Amending Section 14.20.020 re:
Health Officer Approval of Sewer Systems.
8. First Reading of Ordinance Amending Section 16.32.040 re:
Amount of Security for Subdivision Improvements.
9. First Reading of Ordinance Amending Section 16.32.100, Subsection B, re:
Survey Requirements - Monuments.
10. First Reading of Ordinance Amending Section 17.08.180 re:
Fence, Walls and Hedges.
11. First Reading of ordinance Amending Section 17.59.030, Subsection C, re:
Fencing for Wireless Telecommunication Facilities.
12. First Reading of Ordinance Amending Section 17.66.030 re:
Maximum Grade of Streets and Other Easements.
RECOMMENDATION:
Staff recommends First Reading of the proposed ordinance amendments.
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.
The following is a list of ordinances that are being recommended by Staff for changes:
I . BMC Chapter 5.45. The amendment changes the responsibility for permits from the
City Manager to the Finance Director.
ADMINISTRATIVE REPORT
2. BMC Section 5.26.040. The amendment deletes the requirement that hotel
registration books be open at all times for inspection per a new Federal Court of Appeals case,
Patel, et al. v. City of Los Angeles (2013), which invalidated a city's local ordinance that allowed
police access to hotel guest records without a warrant.
3. BMC Chapter 5.56. The amendment deletes the "seasonal outdoor business"
category and combines all transient outdoor businesses into one permit category; changes the
number of days temporary businesses can operate; and provides a definite termination date for
operation of the business. Staff wants to simplify the permit process to one permit, making the
seasonal outdoor category no longer necessary.
4. BMC Section 10.69.040. The amendment permits special events on or adjacent to
church or school property in residential areas which codifies current practice.
5. BMC Section 12.20.035. The amendment clarifies that "substantial below -grade
portions of buildings" that are considered to be an encroachment not only need an
encroachment permit, but also an encroachment permit that requires Council approval.
6. BMC Section 14.12.390. The amendment corrects a typographical error from th6
2013 ordinance revision.
7. BMC Section 14.20.020. The amendment substitutes the correct name of the
department director.
8. BMC Section 16.32.040. The amendment deletes reference to a section of the
Municipal Code (16.32.020(B) or (C)) which was eliminated from the Code in 2012 concerning
types of security for improvements.
9. BMC Section 16.32.100. The amendment corrects a typographical error.
10. BMC Section 17.08.180. The current code section prohibits barbed wire fencing in
all residential zones and certain commercial and industrial zones. The amendment adds
electrified wire to the code section, prohibiting electrified wire from being used in the same zones
where barbed wire is prohibited.
11. BMC Section 17.59.030. The amendment adds electrified wire to types of fencing
prohibited around wireless telecommunication facilities for consistency with section 17.08.180.
12. BMC Section 17.66.030. The amendment substitutes "current edition" for a specific
year on a highways design guidebook.
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1° ADMINISTRATIVE REPORT
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: 9. d.
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
CITY ATTORNEY
DATE: May 2, 2014
CITY MANAGER
SUBJECT: Adoption of ordinance updating previously adopted Ordinance No. 4511 that changed
the zone district from C -2 to C -2 /PCD (ZC 07 -2098) on approximately 47.65 acres for the
Riverwalk Commercial Center located along the north side of Stockdale Highway
between Calloway Drive and Buena Vista Road. (ZC No. 14 -0061 - McIntosh &
Associates, representing Castle & Cooke Commercial -CA) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on April 16, 2014.
The applicant proposed this zone change to modify two conditions of approval for the Riverwalk
Commercial Center located along the north side of Stockdale Highway between Calloway Drive
and Buena Vista Road. This project has an approved Planned Development (PD) plan that
contains conditions and mitigation measures. However, those same conditions are also within
existing Ordinance No. 4511 that approved the current C -2 /PCD zone. With approval by the
Planning Commission of new PD plan conditions on March 6, 2014, an updated ordinance without
conditions is necessary for consistency and removes redundancy.
The applicant proposed to expand the type of general retail uses within the easterly 1,200 -foot
portion of the center. This area is currently restricted to limited retail (furniture store) and service -
oriented uses (sit -down restaurants and fitness club). The expansion of uses is intended to improve
the marketability of this area and the applicant has agreed to keep restrictions related to hours of
operation, prohibited uses, prohibition of outside storage and /or sales displays in place, and to
contain all business activities within a building. The proposed changes are listed below in italics
and underlined:
Condition No. 2: The easterly 1,200 feet of the project site, as measured from the centerline of
Calloway Drive, shall be restricted to the following uses:
a. Office development
b. Hotel /motel
C. S General retail as conditioned in this exhibit (Exhibit A),
provided all store activities are contained inside a building.
d. Fitness center
ADMINISTRATIVE REPORT
e. Dinner or family sit -down restaurant (no fast food with drive -thru)
Condition No. 7: Fitness Centers and General Retail:
a. Any fitness center or general retail use within the easterly 1,200 feet of the
project site shall not operate between the hours of 12:00 am to 5 am seven
days a week.
In 2008, the Planning Commission approved a request to modify conditions of approval for the
center to increase the allowable size of an individual tenant to 140,000 square feet, which
subsequently allowed construction of the existing Target store. Since all actions at that time
affecting the center automatically came before the City Council, Councilmembers asked if there
was a way to allow Planning Commission approval only in the future with the Council hearing
appeals if issues could not be resolved. As a result, the developer agreed to add a PCD overlay to
the existing C -2 zone for the entire 48 -acre site.
Because the project would be developed in phases, the PCD overlay would ensure that any
significant plan changes undergo a more thorough public review by the Planning Commission. The
City Council approved those changes on May 21, 2008 with Ordinance No. 4511. However, the
conditions of approval were inadvertently left within the ordinance, which still requires Council
approval to modify. This was not the intent of placing the PCD overlay over the center. This is
proposed to be corrected through the adoption of this ordinance which removes all conditions
previously attached to the zoning of the site. The new ordinance does not change the project
since all the conditions of approval are contained within and enforced through the most recently
approved PD plan.
The Planning Commission conducted a public hearing on this Zone Change on March 6, 2014 and
unanimously recommended approval to the City Council. Other than the applicant in support of
the request, no individuals spoke or provided written comments either in support or opposition of
the request. The Commission found that since all other restrictions concerning hours of operation,
prohibited uses, and outdoor storage /sales displays will remain in place, and since the nearest
residential property is approximately 240 feet to the south separated by Stockdale Highway, a six -
foot high masonry block wall and the River Canal, they concluded that expanding the types of
retail uses would give additional flexibility for the developer to attract appropriate tenants into the
1,200 -foot easterly area of the center. As conditioned, new development would be compatible
with nearby residential properties. No appeals were filed concerning the revised PD plan
conditions.
The Riverwalk Commercial Center Environmental Impact Report (EIR) was prepared for this project
in accordance with the California Environmental Quality Act (CEQA). The EIR was certified on
August 22, 2001. Based upon an initial environmental assessment, staff has determined the
proposed project will not significantly affect the environment. Pursuant to CEQA Guidelines Section
15162, the EIR certified for this project is adequate and no further environmental documentation is
necessary because no substantial changes to the original project are proposed; there are no
substantial changes in circumstances under which the project will be undertaken; and no new
environmental impacts have been identified. The project will not significantly impact the physical
environment because mitigation measures relating to biological resources, traffic and circulation,
noise, air quality, cultural resources, and aesthetics have been incorporated into the project.
Staff recommends adoption of the ordinance.
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gLIF0
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: $. e,
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: May 8, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY lkk�
CITY MANAGER
SUBJECT: Resolution Adopting the Investment Policy of the City.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
California Government Code Section 53646 requires staff to annually render to the
legislative body a statement of investment policy which the legislative body shall
consider at a public meeting.
There have been no changes to the California Government Code regarding municipal
investment guidelines in the last twelve months and staff is not recommending any
changes to the policy document.
Staff recommends adoption of the Resolution to comply with the Government Code
Section.
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t
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: '?
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Acting Public Works Director
DATE: May 13, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY INAi
CITY MANAGER
SUBJECT: Resolution authorizing the filing of an application with the Kern Council of
Governments for allocation of Transportation Development Act funds for Fiscal Year
2014 -15 ($221,356) for the maintenance of the Bakersfield Amtrak Station during
said fiscal year (Ward 2).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Transportation Development Act (TDA) Funds are administered by the Kern
Council of Governments (Kern COG). TDA Article 4 Public Transportation funds have been used
by Kern COG to address transit problems. Golden Empire Transit and other transit service -
oriented organizations have been receiving these local transit funds to provide for the
transportation needs within the City of Bakersfield. The City of Bakersfield is also eligible for TDA
Article 4 Public Transportation funds to offset maintenance costs for the Bakersfield Amtrak
Station since Amtrak is part of the public transportation system.
As the owner of the Amtrak Station, the City is responsible for certain maintenance activities of
the site. These Article 4 Transportation Development Act funds can be used to pay for those
maintenance activities since Amtrak is part of the public transportation system. Costs incurred by
the City for the Amtrak Station are fully funded with Article 4 Transportation Development Act
funds. This Resolution authorizes staff to submit an application for those. funds. The amount
requested for Fiscal Year 2014/15 totals $221,356.
The City files for TDA Article 4 funds each year. The FY 14/15 proposed budget includes both
revenue and expenditures to maintain the Amtrak Station building.
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MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: g,
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Acting Public Works Director
DATE: May 6, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
t7 IV
SUBJECT: Resolution approving the application for $127,000 in grant funds from the
Remove II Program administered by the San Joaquin Valley Air Pollution Control
District for installation of five miles of signing and marking on both sides of Harris
Road from Wible Road to Gosford Road and from Gosford Road to Buena Vista
Road (Wards 5, 6, & 7).
RECOMMENDATION: Staff recommends approval of Resolution.
BACKGROUND: The San Joaquin Valley Air Pollution Control District has a "Remove II Incentive
Program" which provides incentives for projects that will reduce motor vehicle emissions within
the Air District. This Program allocates funds to cost - effective projects that have the greatest
motor vehicle emission reductions that in turn result in positive impacts on the Valley's air
pollution problems. The Bicycle Infrastructure Component of the Remove II Program provides
incentives for Class I or Class II bicycle path construction. The City of Bakersfield is eligible to
apply for grant funding under the Bicycle Infrastructure Component and desires to apply for
two grants totaling $127,000 to install five miles of signing and striping for Class II bike lanes on
both sides of Harris Road from Wible Road to Gosford Road and from Gosford Road to Buena
Vista Road. A separate grant application will be filed for each of the two road segments since
there is a $100,000 cap for each grant request; an agency is not limited in the number of grant
requests submitted. There is no local match requirement for this funding source.
Installation of these bike lanes on Harris Road will increase the number of travel modes
available on existing streets, provide connection to existing bike lanes in the area, and reduce
vehicular congestion. The addition of bike lanes to existing roadways also furthers the City's
efforts to provide opportunities for multi -modal forms of transportation and its commitment to
the implementation of the Complete Streets Policy.
This Resolution allows staff to execute the documents necessary to apply for grant funding. If
the City is successful with obtaining grant funding, Council action will be required for the
appropriation of grant funding. Because the proposed project is fully funded by the grant,
there is no General Fund impact associated with this grant application.
Public Works / Traffic Engineering / EM
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/FO
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: le h
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Acting Public Works Director
DEPARTA
DATE: May 13, 2014 CITY
CITY
SUBJECT: Resolution approving the application for an amount not to exceed $150,000 in
grant funds from the Title XVI Water Reclamation and Reuse Program administered
by the United States Bureau of Reclamation to conduct feasibility studies for water
reclamation and reuse programs at Wastewater Treatment Plant No. 3 (Ward 6).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The United States Bureau of Reclamation announced a funding opportunity
(number R 14AS00030) to allow water and wastewater districts to conduct WaterSMART Title XVI
feasibility studies on the reclamation and reuse of wastewater. Wastewater Treatment Plant No.
3 is currently permitted by the State Waterboard to produce up to 2 million gallons a day (MGD)
of disinfected tertiary recycled wastewater. Current uses of the tertiary recycled water include
groundwater recharge, treatment plant operations, and landscape irrigation including
approximately 1 MGD on average for the irrigation of the State Farm Sports Village adjacent to
the plant. The feasibility study will evaluate expanding the current tertiary treatment capacity to
include possible agricultural irrigation to the current uses for the tertiary treated water.
The study will provide direction on what the State Waterboard will allow in terms of changes to
the current operating permit; will investigate delivering the disinfected tertiary water through new
piping infrastructure to more locations for landscape irrigation; will investigate delivering the
disinfected tertiary water to existing percolation ponds for extraction by potable water supply
wells; will investigate delivering disinfected tertiary water into an existing canal irrigation system to
convey the recycled water to farmlands; will investigate the amount of tertiary water required to
meet the newly identified uses; and will determine a projected selling price for this recycled
water produced by the plant.
By submitting an application, the City can be awarded up to $150,000 to perform a feasibility
study within 18 months. If awarded these funds, the City will enter into an agreement with the
United States Bureau of Reclamation to complete the study. Adoption of a resolution is a federal
requirement to make the application valid. The local match requirement must at least equal the
grant award amount. Therefore, if awarded the full $150,000 allowable under this funding
opportunity, the City will be required to provide a match of $150,000. Sewer Enterprise funds will
provide the funding for all local match requirements. Therefore, there is no potential General
Fund impact associated with this grant application.
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IFO
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: '
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD_
DATE: April 29, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Sewer connection and construction fees assessments (Ward 2):
1. Resolution confirming assessments for sewer connection and construction
fees and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with David Preston Heisler, 112 Candy Street, to pay sewer
connection and construction fees through the Kern County Taxes. A notice
of special assessment lien will be placed on the property.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement.
BACKGROUND: The owner of the property at 112 Candy Street desires to connect the
property to the City sewer system. The property owner claims that to pay the sewer
connection and construction fees in one payment would produce an economic hardship. To
assist in paying the connection and construction fees, the City has contracted with the
property owner to spread the connection and construction fees over an eight year period to
be collected with their property taxes in accordance with Municipal Code Sections 14.12.030,
14.12.390, and 16.32.060. Ordinance No. 4433, dated May 23, 2007, authorizes the Kern
County Tax Collector to collect the connection and construction fees in eight equal payments
over the next eight years.
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MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: T.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Acting Public Works Director
April 30, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Resolutions to add the following territories to the Consolidated Maintenance District
and approving, confirming, and adopting the Public Works Director's Report for
each.
1. Area 1 -100 (TT 7218 -SEC of Olive Drive & Rudd Avenue) -Ward 4
2. Area 1 -101 (NEC of Reina Road and Santa Fe Way) - Ward 4
3. Area 1 -102 (2620 Mosasco Avenue) - Ward 4
4. Area 2 -57 (SWC of Ming Ave & Renfro Road) - Ward 5
5. Area 2 -58 (McNair Lane / Ride Street NW) - Ward 6
6. Area 3 -91 (Compagnoni Street / Taft Highway) - Ward 7
7. Area 4 -119 (5645 Auburn Street) - Ward 3
RECOMMENDATION: Staff recommends adopting the Resolutions.
BACKGROUND: On April 16, 2014 the Council adopted Resolutions of Intention No. 1781, 1782,
and 1783, 1784, 1785, 1786, and 1787 respectively, adding the above territories to the
Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code.
Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks
and /or street landscaping. The areas will be under park and /or streetscape zones of benefit and
will be assigned the appropriate tier levels when parks and /or street landscaping have been
installed.
The addition of these territories to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
Ps
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MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD
DATE: April 30, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolutions of Intention (ROI) to add the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report for each.
1. ROI # 1791 to add Area 1 -96 (Birchhaven Avenue / Jewetta SW) - Ward 4
2. ROI # 1794 to add Area 3 -92 (TT7243 on the east side of Old River Road south of
Berkshire Road) - Ward 5
3. ROI # 1795 to add Area 4 -120 (900 H Street) - Ward 2
4. ROI # 1796 to add Area 4 -121 (3728 Arrow Street) - Ward 3
RECOMMENDATION: Staff recommends adopting the Resolutions of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcels to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territories be added to the Consolidated Maintenance District
at the next City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the properties described
above which waives the public hearing concerning inclusion in the Consolidated Maintenance
District. This allows the City to expedite the maintenance district process to satisfy the
subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating
their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
ps
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0
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: $, 1
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
CITY ATTORNEY
DATE: May 1, 2014
CITY MANAGER
SUBJECT: Agreement with GRC Associates, Inc. ($76,000) for assistance in the preparation of the
2010 -2015 Consolidated Plan, the Annual Action Plan, the Citizen Participation Plan,
and the Analysis of Impediments to Fair Housing Choices for the U.S. Department of
Housing and Urban Development (City - Wide).
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The 2015 -2020 Consolidated Plan (ConPlan), the Annual Action Plan, the Citizen Participation Plan,
and the Analysis of Impediments to Fair Housing Choices (AI) are documents required by the U.S.
Department of Urban Development (HUD) for all communities that receive annual entitlement
funding from HUD. The goal of the documents is to establish a unified vision for community
development actions. The process offers local jurisdictions the opportunity to shape the various
housing and community development programs into effective, coordinated neighborhood and
community development strategies. The Al is a comprehensive review of a jurisdiction's laws,
regulations, and administrative policies, procedures, and practices affecting the availability and
accessibility of housing as it relates to fair housing choice. The Al is also a disclosure and review of
impediments to fair housing choice in the public and private sector.
The existing five -year ConPlan, the Annual Action Plan, the Citizen Participation Plan, and the Al will
be expiring June 30, 2015. All future requests must be identified as a need in an approved City /HUD
ConPlan with strategic objectives for each goal /priority in order to be considered for funding from
HUD. The City is also required to approve an annual Action Plan that describes how the City intends
to invest its Community Development Block Grant, HOME, and Emergency Solutions Grant funds for
the upcoming program year. These actions must occur in order to receive entitlement funding from
HUD, which has previously averaged approximately $4.5 million annually.
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ADMINISTRATIVE REPORT
To accomplish these tasks staff sent out 11 requests for proposals to consultants. In addition, a
notice was put in the Bakersfield Californian on March 14, 2014. Three proposals were received
and reviewed. Staff evaluated the proposals through a process of in -depth evaluations,
subsequent ranking, and reference checks. GRC Associates, Inc. is being recommended based on
overall completeness of their proposal, cost, and experience and performance in preparing
Consolidated Plans, Annual Action Plans, Citizen Participation Plans, Actions Plans, and Analysis of
Impediments to Fair Housing Choices.
This consulting agreement will utilize Community Development Block Grant (CDBG) Administrative
Funds.
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ADMINISTRATIVE REPORT
IF
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: 8, m.
TO: Honorable Mayor and City Council APPROVED
FROM: Christi Tenter, Human Resources Manager` DEPARTMENT HEAD
DATE: May 8, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with William Avery & Associates, Inc., Fiscal Years 2014/1 ($49,800) and
Fiscal Year 2015/16 ($49,800), for labor negotiation and consulting services
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Avery & Associates has provided the City with labor relations consulting services, including serving
as the City's labor negotiator over the past 28 years. Avery & Associates has a unique
understanding of the City's labor relations history and knowledge of past labor practices which
are critical to ongoing union negotiations and labor matters. Avery & Associates has built a solid
foundation with the City's various labor groups, staff and City Council, which has assisted in
reaching numerous labor agreements over that time.
Avery & Associates has agreed to continue providing services to the City without increase to the
existing fee structure, through 2016. It should be noted that the current fee structure was
reduced by 10% in 2010 as a result of the downturn in the economy and the subsequent impact
to the City's finances. This extension will provide for the continuation of the City's relationship with
Avery & Associates through June 30, 2016 and will include a monthly fee for service of $3,150 and
an annual maximum of $12,000 in travel and lodging expenses for the term of the agreement.
The total cost of the agreement is not to exceed $99,600.
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ADMINISTRATIVE REPORT
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: g, n .
TO: Honorable Mayor and City Council
FROM: Jena Covey, Risk Manager
DATE: May 6, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen for
Workers' Compensation Legal Defense Services with a not to exceed amount of
$320,000 for a two year agreement, with an optional third year to be utilized at the
City's discretion.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
The City's contract with Hanna, Brophy, MacLean, McAleer & Jensen, LLP (Hanna Brophy) for
workers' compensation defense services expires on June 30, 2014. In March 2014, a Request for
Proposal was issued and the City received two (2) proposals from interested law firms. After a
thorough review of the proposals submitted, staff is recommending to enter into an agreement
with Hanna Brophy for two years, with an optional third year to be utilized at the City's discretion.
Since March 2004, the City has maintained an agreement with Hanna Brophy to provide legal
defense services for the City's workers' compensation claims program. As Hanna Brophy
specializes in the defense of workers' compensation claims, they provide a high level of expertise
for which the City does not have attorneys on staff to perform such services.
The City received two proposals, one from Hanna Brophy and the other from Laughlin, Falbo,
Levy & Moresi, LLP (Laughlin), a firm located in Fresno. The fees for Laughlin varied from $150 to
$190 per hour depending on which attorney is assigned to the claim and the severity of the issues
alleged in the workers' compensation claim, as well as IRS regulated mileage costs for travel to
and from court appearances. Hanna Brophy has not increased their hourly rate of $135 per hour
since 2004, and their offices are located in the same building as the Bakersfield Workers'
Compensation Appeals Board, therefore we do not incur mileage charges for their court
appearances.
Due to proposed pricing and the historic high level of service received from Hanna Brophy, staff
recommends approval of the agreement with Hanna Brophy in an amount not to exceed
$160,000 per year, for a two year period, with an optional third year to be utilized at the City's
discretion for the defense of workers' compensation litigation matters.
AC
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: , 0.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: May 1, 2014
APPROVED
DEPARTMENT HEAD 11 T
CITY ATTORNEY V
CITY MANAGER
SUBJECT: Contract for legal services regarding water related matters with DUANE MORRIS, LLP
for fiscal years 2014/2015 in the amount of One Million Dollars ($1,000,000),
2015/2016 in the amount of One Million One Hundred Twenty -Five Thousand Dollars
($1,125,000), 2016/2017 in the amount of One Million Five Hundred Thousand Dollars
($1,500,000).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Since 1999, the City Attorney's Office has outsourced water related cases, issues and
matters to the law firm of Duane Morris, LLP. For the past three years, Duane Morris has been
under a flat rate contract.
The firm's representation of the City of Bakersfield has been excellent. Most recently, Colin
Pearce succeeded in obtaining a judgment in the City's favor regarding water rights of
unappropriated water in the Kern River. With water litigation being such a highly specialized field
of law, the City Attorney's Office believes it is in the City's best interest to continue this relationship
and renew the flat rate contract through fiscal year 2016/2017. Duane Morris will dedicate an
additional attorney to matters involving the City upon renewal of the agreement.
If approved, the agreement with Duane Morris will extend over the next three fiscal years
through June 2017. The compensation remains the same in 2014/2015 at $1,000,000, and then
increases in 2015/2016 to $1,125,000 and ending in 2016/2017 at $1,500,000. All water related
matters assigned to Duane Morris will be covered under the agreed upon compensation —
regardless of the number or the complexity. The City believes it may achieve a cost savings while
retaining experienced counsel on a monthly flat rate basis.
This arrangement will provide greater stability in calculating legal fees for water related
cases, issues and matters.
VG:oc
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MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: p.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Acting Public Works Director
May 7, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Design Consultant Agreement with RRM Design Group ($515,030.00) for
Engineering Design Services for the Sports Village Phase 3 Project. (Ward 6)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The State Farm Sports Village Project is located on a 220 -acre site on the north
side of Taft Highway between Gosford Road and Ashe Road. Construction of amenities for
Phases 1 and 2 of this multi - phased project are complete. Phases 1 and 2 amenities included
soccer fields, lighting, concession stands, parking, roadways and underground utilities.
Phase 3 of the State Farm Sports Village Project will include a principle soccer field for
tournament events, sports lighting, roadway design, roadway connection to Taft Highway,
passive areas, a pre- fabricated restroom, picnic areas, picnic shade structures, and expansion
of the existing lined pond for purposes of landscape irrigation.
The City issued a Request for Qualifications /Request for Fee Proposal (RFQ /RFP) for Engineering
Design services for Phase 3 of the project. The consultant must have expertise in designing
large -scale sports complexes and other sports related facilities. The following 11 firms
responded to the RFQ:
Meyer Civil Engineering (Bakersfield, CA)
MIG (Fullerton, CA
Quad Knopf (Bakersfield, CA)
RJM Design Group (San Juan Capistrano, CA)
RRM Design Group (San Luis Obispo, CA)
A Z Architecture Studio (Santa Monica, CA
Community Works Design Group (Riverside, CA)
DeWalt Corporation (Bakersfield, CA)
EPT Design (Pasadena, CA)
Hirsch & Associates (Anaheim, CA)
Klassen Corporation (Bakersfield, CA)
Based on a review of their proposals, the Selection Committee, which consisted of staff from
the Public Works and the Recreation/ Parks Department, invited the first five firms listed above
to interview with the committee. The Selection Committee recommends award of the
PW /Design Engineering /NSG /P4C131
May 13, 2014, 8:10AM
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agreement to RRM Design Group based on their combination of qualifications and fee
proposal being the most favorable to the City.
Staff recommends approval of this agreement. Sufficient funds have been budgeted for
award of this agreement. Capital Outlay Funds and Park Improvement Funds provide the
funding sources for Phase 3 of the State Farm Sports Village Project.
PW /Design Engineering /NSG /P4C131
May 13, 2014, 8:10AM
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ADMINISTRATIVE REPORT
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Acting Public Works Director
DEPARTMENT HEAD
APPROVED
May 7, 2014 CITY ATTORNEY
CITY MANAGER
Utility Agreement with AT &T ($282,199,14; Roads Program Utility /Surcharge Fund)
for the relocation of overhead telecommunication facilities in advance of the
State Route 178 Widening Project. (TRIP) (Ward 3)
RECOMMENDATION: Staff recommends approval of utility agreement,
BACKGROUND: The State Route (SR) 178 Widening Project will widen SR -178 from Canteria
Drive to east of Miramonte Drive, Various utility companies have existing facilities that will be
relocated In conjunction with the construction of the project. When these utilities are located
within existing utility company easements, the City must pay for their relocation, Many of
these existing utilities, Including this AT &T telecommunication line, are currently overhead on
poles, These facilities will either need new easements acquired for their relocation away from
the roadway or, as in the case of this telecommunication line, will be undergrounded along
their current alignment,
This Agreement is funded with Traffic Impact Fees; therefore, there is no General Fund Impact.
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MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: I fir,
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Acting Public Works Director
DATE: May 13, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Cooperative Agreement with the State of California Department of
Transportation (Caltrans) for the Beltway Operational Improvements Project.
(TRIP) (Ward 1, 2, 3, 6, and 7)
RECOMMENDATION: Staff recommends approval of Cooperative Agreement.
BACKGROUND: The Beltway Operational Improvements (BOI) Project consists of improvements
that were originally part of the Centennial Corridor (SR -58 Connector) Project. These
improvements were allowed to be carved out from the SR -58 Connector Project and use
Beltway earmark funding to construct them early because they have independent utility,
improve safety and operations within the SR -58 corridor, and require little to no right -of -way.
Because of these factors, the Beltway Operational Improvements Project was able to use a
separate, simpler environmental clearance process than that required for the SR -58
Connector Project. This environmental clearance process was completed by Caltrans earlier
this year.
Caltrans and the City have been working together on the final design, utility relocations, and
other project related matters for the past several months pursuant to Cooperative Agreement
No. 14 -028 which was approved by the City Council on March 5, 2014. The Project includes
the following elements:
• Braiding the southbound SR99 to eastbound SR58 branch connector with the
South H Street off -ramp to eliminate the short, non - standard weaving length
between the two interchange ramps;
• Auxiliary lanes in advance of the eastbound SR58 off -ramp to Union Avenue and
in advance of the westbound SR58 off -ramp to Chester Avenue;
• Realignment and reconstruction of the Chester Avenue on -ramp to eastbound
SR58 to accommodate a future ramp metering system;
• Reconstruction of the Union Avenue off -ramp from eastbound SR58 to provide a
second lane for storage and to accommodate an extra turn pocket;
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• Reconstruction of the Cottonwood Road off -ramp from eastbound SR58 to
provide a second lane for storage and to accommodate an extra turn pocket;
• Realignment and reconstruction of the Ming Avenue on -ramp to southbound
SR99 to include a future ramp metering system;
• Reconstruction of a portion of the Ming Avenue on -ramp to northbound SR99 to
provide standard shoulder widths and improve an existing lane drop to meet
current standards; and,
• Construction of sound walls adjacent to residential areas along both sides of the
SR58 corridor between SR99 and Cottonwood Road, and along northbound SR99
between the Belle Terrace overcrossing and SR58.
• Widening of the off -ramp from southbound SR -99 to Rosedale Highway;
As is typical for Cooperative Agreements with Caltrans, this Agreement outlines the
responsibilities of both the City and Caltrans regarding the construction of the project. The
City will fund the project, advertise for bids for construction of the project, award the
construction contract to a contractor, and then oversee and administer the project
construction. A Request for Qualifications (RFQ) for a construction manager (CM) who will
assist TRIP staff in overseeing, inspecting, and testing the construction of the project is currently
on- going; a CM will be selected and an agreement will be forth- coming to the City Council on
a future agenda. Once the project is completed, Caltrans will accept the new project
improvements on behalf of the State, and will then operate and maintain them. Execution of
this Cooperative Agreement is required in order for the City to obtain from Caltrans the federal
funds and encroachment permits necessary to move the project forward into construction.
Advertising for bids for construction of the project should be occurring later this summer.
Funding for the construction of the project is in the Proposed 2014 -15 Capital Improvement
Program Budget. The project will be 80% federally funded with a 20% non - federal match. With
the obligation of the federal funding for the construction of this project, nearly all of the
Bakersfield Beltway System earmark will have been obligated and thus protected from future
possible rescission.
raw
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MEETING DATE May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Art Chionello, Water Resources Manager
DATE: May 8, 2014
APPROVED
DEPARTMENT HEAD ae
CITY ATTORNEY err
CITY MANAGER
SUBJECT: Agreement between City and Kern County Water Agency Improvement District No.
4 (not to exceed $385,000) for a supplemental dry year water supply. (Wards 4, 5, 6,
and 7)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: On September 21, 2005, the City entered into a Water Supply Agreement with
Improvement District No. 4 (ID4) to receive treated State Water Project (SWP) water from the
Henry C. Garnett Water Treatment Plant. This 2005 Agreement anticipated that the source of
water would originate as surface water from the SWP. During an average water year the City
receives up to 6,500 acre -feet of treated SWP surface water in annual entitlement from ID4. Due
to the extreme, ongoing drought conditions, this 6,500 acre -feet of SWP surface water is not
available this year.
Typically, the SWP surface water is used to supply residences and businesses within the City's
Domestic Water Service area in Northwest Bakersfield. Absent the annual entitlement of SWP
surface water or an alternate, adequate source, customers may experience potential service
related issues during the peak of the hot summer months - including low pressure.
Although surface water from the SWP is not available, there is banked SWP water available,
which would require pumping to access. Because the 2005 agreement did not address banked
SWP water and the associated pumping costs, the City must enter into a separate agreement to
obtain the water. The proposed agreement includes an incremental cost of $75 per acre -foot to
pump the banked SWP water, which is necessary to cover the extra electrical costs associated
with operation of the pumps. Under the proposed agreement, it is estimated that approximately
5,000 acre -feet will be available as pumped SWP water, with the balance of the necessary 6,500
acre -feet being supplied by extra pumping of City domestic water wells. Staff is recommending
that the term of the agreement run through December 31, 2014. If other City supplies become
available during the term of the proposed agreement, the City will prioritize the use of those
supplies over the use of the pumped SWP water. It is anticipated that this agreement would
provide for an alternate, adequate water source which would prevent any service related issues
to customers.
jIM
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It should be noted the City is currently undertaking projects which are anticipated to alleviate
the need for a future similar Dry Year Agreement by increasing redundancy and supply to the
impacted area. The planned installation of a water main as part of the Rosedale Highway
Widening Project and bringing existing wells back online after installing water quality well head
treatment is expected to provide for a long -term solution for these customers.
As always, City staff is continually monitoring the Kern River runoff situation. Unfortunately, current
data shows that we could experience one of the driest year on record for the Kern River
watershed.
Funds are available in the 2013/2014 fiscal year Water Resources operating budget. No General
Fund monies will be used. Staff is recommending approval of the agreement.
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ADMINISTRATIVE REPORT
IF
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: 9.+.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Nick Fidler, Acting Public Works Director DEPARTMENT HE)
May 8, 2014 CITY ATTORNI
CITY MANAG
State Route 99 at Hosking Avenue Interchange Project (TRIP) (Ward 7)
1.) Approve Amendment No. 3 to Design Consultant Contract No. 07 -132 with
Parsons Transportation Group Inc. ($251,838.70; for a revised total contract
amount of $3,546,316.46) for additional Engineering Services for Final Plans,
Specifications and Estimate (PS&E).
2.) Appropriate $252,000 additional traffic impact fee revenue to the Public Works
Department's Capital Improvement Budget within the Transportation
Development Fund.
RECOMMENDATION: Staff recommends approval of Amendment and Appropriation.
BACKGROUND: This project will remove the existing two -lane overcrossing bridge and construct a
new interchange with full access to and from State Route (SR) 99 at Hosking Avenue. This project
will widen Hosking Avenue through the interchange area to six lanes, and install traffic signals at
both the northbound and southbound off -ramps from SR -99.
On April 25, 2007, the City entered into Agreement 07 -132 with Parson Transportation Group
(Parsons) for Environmental and Engineering Services on the State Route 99 at Hosking Avenue
Interchange Project. Amendment No. 1 to Agreement No. 07 -132 was approved by the City
Council on January 13, 2010, and Amendment No. 2 to the Agreement was approved by the
City Council on March 21, 2012.
At the time the construction plans for this project were originally completed (late 2012) and
accepted by the State Department of Transportation ( Caltrans), the City did not have the funds
immediately available to go forward with construction of the project. The City is now proposing
to include the funding to construct this project in the Fiscal Year 2014 -15 Capital Improvement
Budget. However, since the time the plans were originally completed, Caltrans has updated
their standard specifications as well as implemented new policies regarding landscaping in
consideration of the current drought. Therefore, the City must revise the construction plans and
specifications in order to meet current Caltrans requirements and obtain a permit from them to
allow the project to be constructed. Amendment No. 3 to Agreement No. 07 -132 will allow
Parsons to provide additional services to make these necessary revisions.
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MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Acting Public Works Director
DATE: May 7, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 3, 6, 12, 15 and 16 to Agreement No. 13 -118
with Granite Construction ($242,502.20 for a revised not to exceed
amount of $25,775,979.29; change order funded with Federal Earmark
Funds {88.53 %} and Capital Outlay Utility /Roads Fund {11.47 %)) for the
State Route 178 and Morning Drive Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on
State Route 178 (SR -178) at Morning Drive and the extension of the SR -178 freeway for one and
a half miles, from just east of the Fairfax Road overcrossing to Canteria Drive /Bedford Green
Drive.
Change Order No. 3 provides for the elimination of night work and freeway closures that were
initially shown to be necessary to construct the detour pavement at the west end of the
project on SR -178 near Fairfax Road. Caltrans, the construction manager, the contractor and
the project designer worked together to develop a revised traffic handling plan for this area
that would allow the Contractor to construct the detour pavement behind k -rail during
daylight hours, allow SR -178 traffic to be maintained without the need for closing the freeway
and implementing a circuitous nighttime detour, and eliminate nighttime nuisance and noise
to nearby residences. With this change, there will also be a savings of approximately $15,000
by eliminating the need for COZEEP personnel (California Highway Patrol personnel) to be
present during construction, and which the City would have had to have paid for. This
change order results in a net increase of $21,870.65.
Change Order No. 6 provides for the implementation of a traffic handling plan for SR -178
traffic that was needed to accommodate construction of pavement at the east end of the
project near Canteria Drive. While most of the SR -178 freeway is asphalt pavement, Caltrans
required that concrete pavement be placed for SR -178 eastbound traffic just prior to the
Canteria Road intersection; this is done to prevent distress to this pavement that would have
normally occurred had it been asphalt pavement, but it also complicated the construction in
this area. The bid plans and specifications approved by Caltrans provided some general
guidelines for construction of the pavement in this area, but did not provide specific details or
outline how traffic movement would be maintained during this construction. The contractor
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ADMINISTRATIVE REPORT
began working with Caltrans, the construction manager, and the project designer late last
year to ascertain how this area could be safely constructed while still maintaining traffic on SR-
178. After several months of discussions and design proposals, a plan was developed which
was approved by Caltrans that provided for a safe working area for the contractor while at
the same time provided a safe and smooth path for maintaining SR -178 traffic. The plan
required traffic in the westbound direction to be temporarily shifted north, which results in
additional embankment needing to be placed along the north side of the roadway in this
area. The plan also required traffic in the eastbound direction to be temporarily shifted south,
which results in requiring temporary modifications to the traffic signal at the Canteria Drive
intersection. And both of these modifications result in the need for additional k -rail and
temporary pavement delineation not originally shown on the plans. However, this plan and
resultant modifications also allows for some additional concrete pavement, which would have
had to have been constructed with the future SR -178 Widening Project, to instead be
constructed now which will result in a cheaper price for the future Widening Project and will
also result in fewer impacts to SR -178 traffic when that project is constructed. This change
order results in a net increase of $126,106.50.
Change Order No. 12 provides for miscellaneous modifications to the temporary bypass that
detours SR -178 traffic around the Morning Drive bridge construction site. Upon the Contractor
grading the temporary bypass in accordance with the plans the Design Section of Caltrans
previously approved, Caltrans construction staff raised concerns about the safety of the
detour roadway. Caltrans construction staff requested some modifications to the banking of
the curves through the bypass, as well as adding some extra signage and pavement
delineation. While the initially designed bypass met Caltrans Standards, the revisions did
provide enhanced safety and improvement to the bypass, which will be used by SR -178 traffic
for up to a year while the Morning Drive Bridge is constructed. This change order results in a
net increase of $46,501.20.
Change Order No. 15 provides for a video detection camera that will be used temporarily at
the intersection of SR -178 and Canteria Drive. This camera will help facilitate the traffic flow at
the intersection during the various stages of work. As Caltrans does not use video detection
for their permanent traffic signal systems, upon completion of the project, this camera will
become the property of the City. And as this camera meets City specifications, it will either
then be used as a replacement, or will be incorporated into a future traffic signal project. This
change order results in a net increase of $14,700.00.
Change Order No. 16 provides for additional costs associated with a Caltrans requirement to
eliminate temporary water storage ponds from the project construction site. Due to the
amount of earthwork on this project and the type of soil (fine grained), the contractor
intended to use large temporary water storage ponds to provide an adequate water supply
for dust control and earthwork compaction purposes. However, after the project started
construction and temporary ponds were constructed, Caltrans Biologist staff inspected the
construction site and required the removal of the ponds due to endangered species concerns
(Kit Fox). As a result, the Contractor has to rent large water storage tanks that they had not
originally planned for in order to provide an adequate water supply to address dust control
and soil compaction needs. These tanks are more costly to rent and maintain as compared to
the temporary water storage ponds they had originally planned to use. The contractor
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claimed that temporary water storage ponds are a common practice for construction jobs this
size, and that it was reasonable for them to assume they would be allowed when they bid the
project. This claim by the contractor was also supported by the Dispute Resolution Board
assembled for the project. This change order results in a net increase of $33,325.00.
The net cost increase of Change Order No. 3, 6, 12, 15 and 16 is $242,502.59. This provides a
total cost increase of $323,927.79 which is a 1.27% increase as illustrated below:
• Current Contract Amount = $25,452,051.50
• Previous Change Orders = $ 81,425.59
• Current Change Order No. 3,6,12,15,16 = $ 242,502.20
• Amended Contract Agreement after CCOs = $25,775,979.29
Net Increase to date = $ 323,927.79
Adequate local /federal funds have been previously budgeted to cover these additional
costs. Project construction is currently about 30 percent complete. It should also be noted
that the project bid amount of $25.4 million was $6 million less that the engineer's estimate and
planned budget amount of $31.4 million.
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MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 7, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Berchtold Equipment Company, Bakersfield, in the amount of
$210,006.94 for three (3) replacement backhoe loaders with industrial flat decks
for use by the Public Works Department, Streets Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Bids were solicited for the purchase of backhoe loaders with industrial flat
decks. Three (3) bids were received in response to solicitation.
Funds are budgeted in the Equipment Management Fund for the purchase of three (3)
replacement backhoe loaders. The Streets Division uses backhoe loaders for excavation of
concrete related to curb and gutter installation and for repairing and installing sewer and storm
lines. Additional information regarding a history of each piece of equipment proposed for
replacement is attached for review.
The three (3) bids received are as follows.
BIDDER AMOUNT MAKE /MODEL BID
Berchtold Equipment $210,006.94 New Holland B95C
Bakersfield, CA
Sequoia Equipment Co., Inc. $214,864.75 Case 580SN
Fresno, CA
Coastline Equipment $224,772.83 John Deere 310SK
Bakersfield, CA
Staff finds the bid submitted by Berchtold Equipment, Bakersfield, to be acceptable.
Purchasing Division/kb
SAPURCHWDMINWdmin 13- 14\13ackhoe Loaders, Industrial Flat Deck, 13- 14 -79, May 21, 2014.docu
May 7, 2014
AMdRJhL Yew and Model
4277 2008 JCB Backhoe- Loader
4443 2008 JCB Backhoe- Loader
CondIllon
High usage hours (4,252 hours). The local
dealer has moved out of town and parts
take as long as one month to receive. We
have replaced 3 safety stabilizers that have
broken while in use which is unsafe. Over the
last four years repair and maintenance costs
has - risen.
High usage hours (3,415 hours). The local -
dealer has moved out of town and parts
take as long as one month to receive. We
have replaced 3 safety stabilizers that have
broken while in use which is unsafe. Over the
last four years repair and maintenance costs
has risen.
4158 1997 Caterpillar Backhoe Loader High usage hours (6,990 hours). Over the last
six years repair and maintenance costs have
doubled. This is a tier 0 engine which does
not meet current Air Resources Board
regulations.
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: 9. W
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
May 13, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Accept bid and approve contract to Pacific West Sound ($73,950.51) for an
audio system upgrade at the Rabobank Theater. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited for an audio system upgrade at the Rabobank Theater. This
project was bid as a non - prevailing wage project. Three (3) bids were received in response to
the solicitation.
The current sound system is underpowered. There is also no low end in the system. The
additional amplifiers and subwoofers included in the upgrade will enhance the offerings to
incoming events, providing a more robust sound. This upgrade will also lower the cost for
incoming events for rental equipment required to produce an event. Revenue can be
enhanced due to lower overall vendor costs resulting in more bookings.
The three (3) bids received are as follows:
Bidder Bid Amount
Pacific West Sound, Bakersfield, CA $ 73,950.51
Guitar Center, Bakersfield, CA $112,955.38
ATK Services, Valencia, CA $126,060.46
Funds in the amount of $84,000 are budgeted in the Capital Outlay Fund for this project.
Staff finds the low bid submitted by Pacific West Sound to be acceptable and recommends
approval of the contract in the amount of $73,950.51.
Purchasing Division/kb
S:\PURCH\ADMIN\Admin 13 -14 \Theater Audio Upgrade at Rabobank Arena, 13- 14-78, May 21, 2014.docx
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ADMINISTRATIVE REPORT
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD
DATE: May 13, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Sterndahl Enterprises, Inc. ($60,744.30) for
Bike Lane Improvements on Akers Road from McKee Road to Wilson Road -
Phase 1 (Wards 6, 7 & County).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: The City was awarded a total of $223,200 in Transportation Development Act
Article 3 funds by Kern Council of Governments (Kern COG) for bike lane improvements on
Akers Road from McKee Road to Wilson Road. Kern COG informed the City the funds are
available over two fiscal years (2013 -2014 and 2014 - 2015). As a result, Design Engineering
Division staff identified two phases of the project to be undertaken over the two fiscal years.
Phasing of the project allows staff to begin improvements to existing right -of -way where the
street is constructed to full width in the current fiscal year (Phase 1). Phase 2, which is
anticipated to be awarded in December 2014, will utilize the remainder of the Kern COG
funding to widening an unimproved section of Akers Road to accommodate bike lanes and
make bike lane improvements between Planz Road to Wilson Road. Capital Outlay funds will
provide the 10% local match requirement.
Phase 1 of this project will install bike lanes including striping, markings, bike detector loops,
and roadside signs on Akers Road from McKee Road to De Ette Avenue and from White Lane
to Planz Road.
The Engineer's Estimate for Phase 1 was $60,400. Sufficient funds are budgeted for award of
this project. This project is subject to prevailing wage requirements. On April 17, 2014, a total of
five bids were received; all of which are acceptable. The acceptable bids are as follows:
Sterndahl Enterprises Inc.
11861 Branford St.
Sun Valley, CA 91352
Central Striping Service, Inc.
3489 Luyung Dr.
Rancho Cordova, CA 95742
in the amount of $60,744.30
in the amount of $69,942.25
DP
PW /Design Engineering
5/14/2014 2:31 PM
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Chrisp Company
43650 Osgood Rd
Fremont, CA 94539
Safety Striping Service, Inc.
6868 Avenue 305
Goshen, CA 93227
PCI
1105 E. Hill St.
Long Beach, CA 90806
in the amount of $70,289.10
in the amount of $72,137.40
in the amount of $75,230.10
Staff finds the low bid submitted by Sterndahl Enterprises Inc. to be acceptable and
recommends approval of the contract in the amount of $60,744.30.
DP
PW /Design Engineering /NSG/T3K205
5/14/2014 2:31 PM
G: \GROUPDATWDMINRPT \2014 \05- 21 \T4K223 Akers I Bike Lane Admin.docx
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nick Fidler, Acting Public Works Director DEPARTMENT HEAD Vy
DATE: May 6, 2014 CITY ATTORNEY
CITY MANAGER -
SUBJECT: Accept bid and approve contract with Loop Electric Inc. ($172,723.35) for Traffic
Signal and Lighting Installation at the Intersection of Old Farm Road and Olive Drive
(Ward 4)
RECOMMENDATION: Staff recommends acceptance of bid, and approval of contract.
BACKGROUND: This project consists of installing a complete traffic signal and lighting system;
modifying pavement markings, striping, and existing median nose; and reconstructing access
ramps to meet current American with Disabilities Act (ADA) requirements.
This project will be funded by Transportation Development Funds (TDF). This project is exempt from
prevailing wage requirements since TDF revenue is a local funding source. The Engineer's Estimate
for the project is $160,000.
On April 29, 2014, a total of three bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Loop Electric, Inc.
7040 Downing Avenue
Bakersfield, CA 93308 (County)
A -C Electric Company
315 30th Street
Bakersfield, CA 93301 (County)
PTM General Engineering Services, Inc.
5942 Acorn Street
Riverside, CA 92504
in the amount of $172,723.35
in the amount of $205,085.40
in the amount of $229,222.00
Sufficient funds are budgeted to award the project. Since the project is totally funded by TDF
revenue, there is no General Fund impact associated with this project.
kb
PW /Design Engineering/T21K213
5/6/2014 1:35 PM
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ADMINISTRATIVE REPORT
IF O
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: g, z.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nick Fidler, Acting Public Works Director
May 5, 2014
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY inor
CITY MANAGER Aff
Dedication of freeway right of way to Caltrans on the north side of Taft Highway
from Gosford Road to Ashe Road. (Wardb)
RECOMMENDATION: Staff recommends approval of dedication of right of way.
BACKGROUND: The City widened the north side of Taft Highway (State Route 1 19) to full width
from Gosford Road to Ashe Road as part of the requirements for the Wastewater Treatment
Plant No. 3 and State Farm Sports Village projects. Since the street improvements are now
completed, the right of way must be dedicated to Caltrans since State Route 119 is within
Caltrans' jurisdiction.
Attached is the grant deed, which dedicates the right of way to Caltrans. This grant deed will
be recorded with the Kern County Recorder's Office upon Council approval.
PW /Design Engineering /NSG /E8K102
May 6, 2014, 10:15AM
G: \GROUPDAT \ADMINRPT \2014 \05- 21\Taft Highway RW Dedication.doc
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: g. a q .
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney
DATE: May 9, 2014
DEPARTMENT HEAD VG
CITY ATTORNEY 14
CITY MANAGER
SUBJECT: Repeal of City Council Approval for Staff Support and Technology Funding
RECOMMENDATION:
Staff recommends repealing City Council's action in 2001 which extended staff support and
technology funding to City Councilmembers.
BACKGROUND:
At the September 5, 2001 regular City Council meeting, there was an agenda item and
discussion concerning extending staff support and technology funding for members of the City
Council. Ultimately, City Council voted 6 -1, with Councilmember Hanson dissenting, to allow
Councilmembers the option of obtaining City equipment or receiving an allowance to cover
the cost of computers, fax or printer machines, and cellular phones in relation to their City
duties. Staff developed a form to implement Council's direction (see attached Administrative
Report, Minutes, and Staff form).
Since that time, the sophistication and use of personal devices has increased, liability concerns
continue, and from a practical perspective, Council has not relied on the staff support and
technology option. Moreover, given the recent conclusion in the case of City of San Jose v.
Superior Court, which deals with personal electronic devices and their subjectivity to the
California Public Records Act, it is recommended that the City Council repeal its 2001 action.
TG:Isc
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ADMINISTRATIVE REPORT
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: . lob.
TO: Honorable Mayor and City Council jA�PPROVED
FROM: Andrew Heglund, Deputy City Attorney DEPARTMENT HEAD �!'A
DATE: May 9, 2014 CITY ATTORNEY At+
CITY MANAGER
SUBJECT: Settlement approval in the matter of City of Bakersfield v. Anthony C. Evans and
Carol Ross Evans, etc., et al. related to the acquisition of property for the SR
178 /Morning Drive interchange TRIP project ($85,000). (Ward 3)
RECOMMENDATION:
Staff recommends approval of the settlement.
BACKGROUND:
On May 23, 2012, the City Council adopted a Resolution of Necessity establishing the public
need and necessity to acquire 2.824 acres of undeveloped, vacant property owned by
Anthony and Carol Evans and Ken and Sylvia Koss for a drainage basin necessary for the SR
178 /Morning Drive Interchange Project.
On July 6, 2012, the City Attorney's Office filed an eminent domain complaint in Kern County
Superior Court. At the property owners' request, the court transferred the case to the Los
Angeles Superior Court. They also challenged the City's justification for acquiring the property
through eminent domain.
On September 16, 2013, the City Attorney's Office successfully defeated the challenge and
secured possession of the property, leaving only the amount of compensation the City would
pay for the property to be acquired to be determined through a jury trial.
On May 2, 2014, the parties participated in a mandatory settlement conference where they
agreed to settle the matter, subject to City Council approval, for $85,000, in addition to
reassurances that City staff will work with the property owners in evaluating current zoning
parameters and whether their existing tentative map can be preserved. The Stipulation re
Settlement that outlines the settlement as negotiated is attached for reference.
Staff recommends that the Council approve the settlement and direct staff to take the
necessary steps to bring this matter to a close.
AH /vl
S: \COUNCIL \Admins\ 13 -14 Admins \Evans.Settlement.docx
MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: May 14, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: 2014 City Council Goals Update
Phase 2: Additional Proposed Revisions Requested by City Councilmembers
RECOMMENDATION: Staff recommends Council determination regarding the proposed updates
and adoption of the City Council Goals for 2014.
BACKGROUND:
At the March 19, 2014 City Council meeting, staff presented a summary of the City Council Goals
Accomplishments for 2013 and provided an updated version of the Goals document with staff
updates, most of which are minor and /or technical changes. Following the staff presentation,
Councilmembers Rivera, Smith, and Johnson made comments and requested several additional
revisions to be included in the Goals document for Council consideration. Staff subsequently met
with each of them to discuss further clarification of their requests.
An updated draft version of the City Council Goals for 2014 was presented to the City Council on
May 7, 2014, and included revisions proposed by Councilmembers Rivera, Smith, and Johnson, in
addition to the staff updates previously submitted to the Council on March 19, 2014.
Additional updates have been requested by Vice -Mayor Weir and Councilmember Johnson, as
follows:
Revision requested by Vice -Mayor Weir:
Goal #7 - 7.1, Revised Target Action #3. (Page 13);
Revisions requested by Councilmember Johnson:
Goal # 1 - 1.2, New Target Action #2 (Page 1);
Goal #4 - 4.2, New Target Action #6 (Page 9).
The City Council Goals provide policy guidance to staff for budgetary and program
implementation. If the suggested revisions submitted by Councilmembers are determined to be
appropriate, staff recommends adoption of the updated 2014 Goals Document at the May 21,
2014 City Council meeting.
rks
Admin- CityCoundl- 2014GoalsUpdate -Phase 2 - Review Second Requests - Councilmember Revisions- 052114.doc
B A K •S��
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ADMINISTRATIVE REPORT
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MEETING DATE: May 21, 2014 AGENDA SECTION: Consent Calendar
ITEM: g, cid.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEA _
DATE: May 8, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file successor agency payments from April 25, 2014 to
May 8, 2014 in the amount of $7,217.36
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
The City administers payment of Successor Agency enforceable obligation payments as
authorized by the State Department of Finance (DOF) to further the dissolution of the former
Bakersfield Redevelopment Agency. The Successor Agency submits a Recognized Obligation
Payment Schedule (ROPS) to the Bakersfield Oversight Board and the DOF every six (6) months
for approval. All payments of the Successor Agency must be on this approved listing in order
to be valid and authorized payments of the Successor Agency.
A check register is provided which summarizes the transactions processed during the above
referenced period. Additional details are provided below for each transaction.
Check #590311 to Brown & Fowler Construction for $421.67 is a payment for work performed in
completion of the Sister City Garden Phase B project. Payment approved as ROPS line item
#29.
Check #590329 to Construction Protective Services for $6,556.78 is a payment for security
services at Creekview Villas. Payment funded with Successor Housing Agency program
income.
Wire transfer #9992405 to Bank of America for a credit card charge of $238.91 for Successor
Agency administrative expense to the Bakersfield Californian for a public hearing notice of the
Oversight Board. Payment approved as ROPS line item #5.
SADawn `RAdmin - Council\2014 \COUNCIL- ADMIN- SA- 2014\ADMIN —SA 05- 21- 14.doc
MEETING DATE: May 21, 2014 AGENDA SECTION: Reports
ITEM: I ,
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: May 2, 2014
SUBJECT: Department Budget Presentations
Public Works
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY v
CITY MANAGER
BACKGROUND: Staff from the Public Works Department will provide a detailed overview of
their FY 2014 -15 proposed operating budgets. The budget overview will include discussion
regarding the goals, accomplishments, and significant budget changes for the respective
departments. The Public Works Department will also provide an overview of the FY 2014 -15
Capital Improvement Program.
AT:ch:al
5/14/14
C:\ Users \alawrenc \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \UOW8QKOX \Budget
Presentation 05 21 14 - PW.docx
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ADMINISTRATIVE REPORT
M,♦
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MEETING DATE: May 21, 2014 AGENDA SECTION: Reports
ITEM: tj . b.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Acting Public Works Director
DATE: April 30, 2014
SUBJECT: Freeway Litter Program (city- wide):
1. Report on freeway litter program.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
2. Memorandum of Agreement with Kern Council of Governments ($150,000) to
provide continuation of funding for freeway litter program for Fiscal Year
2014/15.
3. Amendment No. 2 to Agreement No. 13 -072 with the Bakersfield Homeless
Center ($150,000; revised not to exceed $840,640) for litter removal services.
4. Appropriate $150,000 Other Agency Share of Project Costs to the Public Works
Department's operating budget within the Refuse Fund to provide funding for
the Program.
RECOMMENDATION: Staff recommends approval of Memorandum of Agreement (MOA)
with Kern COG, Amendment No. 2 with Bakersfield Homeless Center,
and appropriation of funds.
BACKGROUND: Staff will provide a presentation regarding the City's nationally recognized
Freeway Litter Program. In addition, this Administrative Report includes three action items relating
to the Kern Council of Governments (Kern COG) recent $150,000 commitment to the Program for
FY 14/15.
On May 1, 2013, Council adopted the Freeway Litter Program and approved agreements with
the Bakersfield Homeless Center (BHC), Caltrans, and Kern COG relating to the Freeway Litter
Program. BHC crews perform the litter removal work, with Caltrans and Kern COG providing the
funding.
The current MOU (Agreement No. 13 -129) with Kern COG provided for $100,000 of funding for FY
13/14. The proposed MOA with Kern COG on tonight's agenda provides $150,000 of funding for
FY 14/15. Due to the success of the program, Kern COG has increased funding for this program.
Kb
May 7, 2014, 3:35PM
G:\GROUPDAT\ADMINRPT\2014\05-21\admin report - Kern COG MOU - revision 2.doc
ADMINISTRATIVE REPORT
At the April 16, 2014 City Council meeting, Amendment No. 1 to Agreement No. 13 -072 with the
BHC was approved which extended the Agreement's term for an additional year and increased
the compensation to include funding commitments (Caltrans and sponsorships) that were known
as of April 16th. With Kern COG's $150,000 commitment for FY 14/15, a corresponding amendment
is needed to the BHC agreement to reflect this new funding source. Therefore, Amendment No. 2
to Agreement No. 13 -072 is also included on tonight's agenda for council consideration.
Staff recommends approval of the:
• MOA with Kern COG adding $150,000 of funding for freeway litter removal services for FY
14/15;
• Amendment No. 2 with BHC increasing the compensation by $150,000 to reflect this new
funding source; and
Appropriation of the $150,000 in additional
operating budget within the Refuse Fund.
funding to the Public Works Department's
The City does not incur costs for these litter removal services on state freeways.
Kb
May 7, 2014, 3:35PM
G: \GROUPDATADMINRPT \2014 \05 -21 \admin report - Kern COG MOU - revision 2.doc
MEETING DATE: May 21, 2014 AGENDA SECTION: Deferred Business
ITEM: 12— CL.
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD '
DATE: May 6, 2014 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of ordinances amending the text of the Bakersfield Municipal Code,
specifically Chapter 17.10 (One - Family Dwelling Zone) and Section 16.28.170
(Subdivision Lot Design Standards) creating a new R -1 -4.5 zone district (Small Lot
One - Family Dwelling - 4,500- square foot lot minimum) with related changes to the
front and rear building setback requirements, and subdivision lot design standards.
(All Wards)
RECOMMENDATION:
Staff recommends adoption of the ordinances.
BACKGROUND:
First reading of the ordinances was given on March 19, 2014. Since some Councilmembers would
not be present for the April 16, 2014 meeting, Councilmember Maxwell requested that the
ordinances come back in May for second reading with a brief presentation by staff before the
full Council.
At the City Council meeting of July 17, 2013, Councilmember Smith referred a proposal to the
Planning and Development Committee concerning General Plan designations and zoning
consistency. Staff followed up with multiple meetings with Councilmember Smith who provided
further guidance regarding how can the City allow smaller single - family lots (less than 6,000
square feet) without a developer having to request a general plan amendment and zone
change to multiple - family?
At present, there are only two ways to allow a subdivision with single - family lots less than 6,000
square feet in area:
1) Change zoning to R -2 (Limited Multiple Family Dwelling)
• Most commonly used procedure to create a small lot subdivision.
• Allows 4,500- square foot single - family lots by right.
May 6, 2014, 10:32AM
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ADMINISTRATIVE REPORT
• Only a subdivision map is required to create the lots.
• No architectural design requirements other than typical zoning standards.
• Also allows multiple - family uses (i.e. apartments) by right so in developed areas re-
zonings can be contentious.
• There is no assurance a detached single - family product will be built.
2) Change zoning to PUD (Planned Unit Development)
• Less commonly used procedure.
• In addition to a subdivision map, the developer must also provide a specific
development plan, architectural renderings of their housing product, and a landscape
plan as part of their application.
• Can assure that only a single - family development be built.
• Holds current and future developers to the specific development plan and
architectural design standards as originally proposed.
• Significant design changes require a new zone change and public hearing.
• Adds significant time and costs to the development process.
A third option, recommended by staff and supported by the Planning Commission, would
provide an opportunity to create lots less than 6,000 square feet but retain a single - family
zone:
• Create a new R -1 -4.5 zone with a 4,500- square foot minimum lot area.
• Only a subdivision map is required to create the lots.
• No special architectural design requirements; homes would just meet typical single -
family zoning standards.
• Only single - family uses consistent with the R -1 zone would be allowed; no multiple -
family developments would be permitted.
• Would require a zone change and public hearing to place this zone designation on a
property (maps would show the property zoned as "R- 1- 4.5 "), thereby providing an
opportunity for community input before allowing smaller lots.
• This new zone district will also requires text changes to the subdivision ordinance
related to lot dimensions and would apply to all new parcels less than 6,000 square
feet in area rather than refer to just those parcels zoned R -2. This is necessary so that
the smaller lots can actually be created in the new R -1 -4.5 zone.
(Note: For all three options previously noted, a General Plan designation of LMR (Low Medium
Density) would be required. Most existing R -1 areas carry a General Plan designation of LR (Low
Density) and a General Plan amendment would be required in such cases).
The recommended third option would not be in conflict with the General Plan and opens up the
ability for small -lot subdivisions to occur without having to rezone property to an R -2 multiple -
family zone. Although a zone change would still be required to allow for public input, if
approved, the resulting product would be limited to detached single - family homes. Furthermore,
it removes the potential of a multiple - family use being allowed without first obtaining a general
May 6, 2014, 10:32AM
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ADMINISTRATIVE REPORT
plan amendment and zone change if the property owner chose not to develop a small lot
single - family product.
Staff presented the new R -1 -4.5 zone to the Council's Planning and Development Committee on
February 4, 2014. The Committee was in favor of creating this new zone district and directed staff
to take the proposal before the Planning Commission for public input. The Committee further
directed staff to include language to reduce the front and rear building setbacks in this new
zone. Staff has proposed matching the R -2 zone's small lot setbacks for consistency (i.e. 15 -foot
front yard and 20 -foot setback for the garage (only) if its opening faced a street; 5 -foot side yard;
and 5 -foot rear yard).
The Planning Commission considered these amendments at their meeting of February 20, 2014.
The Kern County Home Builders Association commented in support of the change, noting that
this new zone would provide flexibility in the market and help address State climate change
requirements. Three individuals spoke in opposition. Although they supported creation of the
new zone, they objected to staff's proposal to change the R -1 rear yard setback. However, staff
provided an alternative to leave the R -1 rear yard regulation unchanged and instead added a
separate subsection to apply only to the new R -1 -4.5 zone. This was found to be acceptable and
the Commission unanimously recommended approval of the proposed ordinance amendments.
This project has been found to be exempt from the provisions of the California Environmental
Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the
general rule of CEQA in accordance with Section 15061 (b) (3), it can be seen with certainty that
there is no possibility that adoption of the proposed ordinance text amendments will have a
significant effect on the environment. These changes are to existing ordinance regulations
specific to lot size and related setbacks, and only provide the opportunity to create smaller single
family lots; environmental effects would be evaluated at the time this new zone district is applied
to property and a specific development is proposed.
May 6, 2014, 10:32AM
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 7, 2014
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and 5:15 p.m.
REGULAR MEETING - 3:30 p.m.
1. ROLL CALL
Present: Councilmembers Rivera, Maxwell,
Hanson, Sullivan, Johnson
Absent: Mayor Hall, Councilmember Hanson,
Councilmember Sullivan
City Clerk Gafford announced that Workshops item 5.a. will
be moved forward on the agenda, after Public Statements.
2. PUBLIC STATEMENTS
None.
5. WORKSHOPS
a. 2014 Council Goals Update Phase 2: Proposed
Revisions Requested by City Councilmembers.
Assistant to the City Manager Smiley made staff comments
and provided a PowerPoint presentation.
Councilmember Maxwell stated that the Council Goals as
presented, appeared like an extension of the goals the
Council has had in the past; he suggested there be three
goals total, with one major and two minor goals: (1) Public
Safety as the major goal, with a subtitle to improve the
relationship and morale in the Police Department; (2) One
minor goal of business growth and job creation; (3) A
secondary minor goal of community focus, focusing on
matters such as improvements on the litter situation and
homelessness; and suggested that the Council attend a
presentation with a guest speaker on how to set goals for
Individual wards and for the City.
ACTION TAKEN
Bakersfield, California, May 7, 2014 - Page 2
5. WORKSHOPS continued
Councilmember Johnson asked that the following
adjustments be made to the Council Goals: (1) To make it a
target action to meet hiring and recruitment goals to ensure
that all vacant positions in the Police Department are filled (2)
Possibly consider removing, or revising, the goal for the
completion of the Creekview Villas as this project does not
appear to have an end in sight (3) Goal 4.2 on page 9, add a
goal to actively promote water conservation to the residents
of Bakersfield.
Councilmember Rivera thanked Ms. Smiley for all of her work
on the Council Goals; he stated he agreed with
Councilmember Maxwell's suggestion to come up with a
smaller set of goals; he would like to see the Bakersfield
Municipal Airport, and the Neighborhood Watch Program
stand out in the goals more; and also feels that a workshop
with a presentation on how to set goals is a good idea.
Vice -Mayor Weir asked that the following wording be added
to Goal number 7: "To take full advantage of any and all
opportunities to reduce or eliminate unfunded liabilities. "
City Manager Tandy stated he would like to remind the
Council that the Creekview Villas and Millcreek Courtyard
projects are mandated projects as a result of the Proposition
1 C loan, and they must be completed in order to avoid a
potential $11.5 million claim from the State agency that gave
the City the grant; and reassured that these projects are on
the verge of completion.
Assistant to the City Manager Smiley advised the Goals will
be brought back at the May 21, 2014 City Council meeting
with the revisions that were requested.
3. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel - Initiation of
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (4). (one
potential case).
Motion by Councilmember Smith to adjourn to Closed
Session at 3:54 p.m.
Motion by Councilmember Maxwell to adjourn from
Closed Session at 4:12 p.m.
ACTION TAKEN
Bakersfield, California, May 7, 2014 - Page 3
4. CLOSED SESSION ACTION
ACTION TAKEN
a. Conference with Labor Negotiator pursuant to
NO REPORTABLE
Government Code Section 54957.6.
ACTION
b. Conference with Legal Counsel - Initiation of
NO REPORTABLE
Litigation; Closed Session pursuant to
ACTION
Government Code Section 54956.9 (d) (4). (one
potential case).
5. WORKSHOPS
a. 2014 Council Goals Update Phase 2: Proposed
ITEM WAS MOVED
Revisions Requested by City Councilmembers.
FORWARD ON
AGENDA
6. ADJOURNMENT
Vice -Mayor Weir adjourned the meeting at 5:19 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
REGULAR MEETING -5:15 p.m.
i�10144[on, "
Present: Mayor Hall, Councilmembers Rivera,
Maxwell, Hanson, Sullivan, Johnson
Absent: Councilmembers Hanson, Sullivan
2. INVOCATION by Rabbi Schlanger, Chabad of
Bakersfield.
Bakersfield, California, May 7, 2014 - Page 4
3. PLEDGE OF ALLEGIANCE by Andres Nevarez, 31d grade ACTION TAKEN
student at Our Lady of Guadalupe School.
Mayor Hall announced that an incorrect notice was sent
from the Water Resources Department to the Olcese Water
District; the notification advised that all deliveries of water
were to stop on May 5th for the Rio Bravo Golf Course and
surrounding areas; he stated the information was inaccurate
and the notification should not have been sent; that the
Water Resources Manager confirmed that all deliveries will
continue uninterrupted; and he apologized for the error and
any inconvenience this may have caused.
City Clerk Gafford announced that Consent Calendar items
8c. and 8r. are being pulled at the request of staff.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Dee Ann Graham, American Legion Post 26
President, and Delores Ryan, Post
Parliamentarian, declaring May 2014, Poppy
Month.
Ms. Graham accepted the Proclamation and
made comments.
b. Presentation by Mayor Hall of Certificates of
Appreciation to Isaiah Crompton, representing
Stop the Violence, and Sean Battle,
representing Garden Pathways, for litter
cleanup efforts performed in Wards 1 and 2.
Mr. Crompton and Mr. Battle accepted the
Certificates and made comments.
C. Presentation by Mayor Hall of a retirement
plaque and gift certificate to Henry Estrada.
Mr. Estrada accepted the Plaque and made
comments.
d. Presentation by David Womack, Kaiser
Permanente representative, of a check for
$35,000 to Mayor Hall for the purpose of funding
Operation Splash (swimming lesson subsidy), at
four city pools for the 2014 season.
Mayor Hall and Recreation and Parks Director
Hoover accepted the check and made
comments.
Bakersfield, California, May 7, 2014 — Page 5
5. PUBLIC STATEMENTS ACTION TAKEN
a. The following individuals spoke in opposition of
the recent action the High Speed Rail Authority
took to certify the Final EIR for the Fresno to
Bakersfield track: Bill Descary; Carol Bender
(submitted written material); Anil Mehta; and
Michael Kennedy, Principal of Bethel Christian
School.
b. Marvin Dean thanked Mayor Hall,
Councilmember Rivera, Community
Development Director Mclsaac, and Planning
Director Eggert, for attending the 7th Annual
Public Contracting Expo; he also thanked
Councilmember Maxwell and Planning Director
Eggert for their attendance at the High Speed
Rail meeting in Fresno; and stated he is in
support of the High Speed Rail.
C. Bryan Burrow, President and CEO of the
Bakersfield Symphony Orchestra, extended an
invitation to their final season concert on
Saturday, May l Oth at 7:30 p.m. at the
Rabobank Theater; he stated it will be Maestro
John Farrer's last concert, after serving 39 years
with the Bakersfield Symphony Orchestra and
they will be acknowledging his
accomplishments, and contributions to the
community, with a reception following the
concert.
d. Cynthia Pollard, with Greater Bakersfield
Chamber of Commerce, gave recognition to
another graduating class from the Chamber's
Youth Leadership Bakersfield program; this
program allows students to be exposed to
various subjects including: agriculture, ethics
and leadership, government, health, and
human services; she expressed gratitude to
Mayor Hall for his presentation to the class
during the leadership and ethics day; and
thanked Chief Williamson for the presentations
given regarding law enforcement and career
opportunities, SWAT Team, Bomb Squad,
Canine Unit, and the Police Pistol Range; and
submitted written material.
Bakersfield, California, May 7, 2014 - Page 6
5. PUBLIC STATEMENTS continued ACTION TAKEN
e. Michelle Newell, representing Aera Energy,
stated they are excited to be a sponsor and a
proud participant in the Chamber of
Commerce Youth Leadership Bakersfield
because it gives them an opportunity to help
impact the future leaders of this community
and be a part of their learning experience.
f. Liz Keogh spoke regarding a voucher program
for spaying and neutering dogs and asked the
City allocate money from the current fiscal year
budget for the vouchers; and suggested this
item be referred to the Budget and Finance
Committee.
Councilmember Rivera asked that Ms. Keogh's
suggestion for a voucher program, be referred to the
next Budget and Finance Committee meeting.
g. Wayne Miles spoke regarding an issue his
neighborhood near McKee Road has been
experiencing with GIC Transport; he stated that
trucks are constantly speeding on McKee Road
and the noise and smell coming from their yard
is a nuisance to residents in their neighborhood;
he asked that the City address these issues; and
submitted written material.
Councilmember Johnson thanked Mr. Miles for sharing
his concerns and referred this item to the City
Attorney's office; he would like the City Attorney to
look into ways to help facilitate the removal of this
nuisance from the neighborhood.
h. Mark Caputo, a resident from Westpark
neighborhood, spoke in opposition to the
Centennial Corridor project; he stated that it
should have been put to the vote of the citizens
of Bakersfield; that an offer has been presented
to the City Attorney and he recommend it be
put on the Agenda for the May 21 st City Council
meeting.
Councilmember Maxwell directed the City Attorney to
follow up on the offer from Westpark and then bring it
back to the City Council for an update.
Bakersfield, California, May 7, 2014 — Page 7
5. PUBLIC STATEMENTS continued ACTION TAKEN
Chad Hathaway, co- founder of Kern Citizens
for Sustainable Government, spoke regarding
the Open Gov. software program that was
presented to the City Council on March 5th,
then referred to the April 28th Budget and
Finance Committee; he stated that no action
was taken on the approval of this program and
he encourages the City Council to reconsider
this program, as it will provide more
transparency and ease of access to the
general public so they can better understand
where their tax dollars are being spent.
Councilmember Rivera requested this item be brought
back to a future meeting and have the representatives
from the Open Gov program have an opportunity to
describe the program a little bit more.
Bob Kierejczyk, with Ad Art Sign Company,
spoke regarding a recent RFP that was issued
for the retrofitting of the LED sign for the
Convention Center; he stated that there was a
discrepancy between what the bid
specifications stated and what City officials
present on the bid walk stated, which resulted
in his company submitting design work for the
wrong sized sign; he asked that the Council
take a second look at this and perhaps issue
another RFP with the correct bid specifications.
k. Robert Braley spoke regarding the costs
associated with TRIP projects and asked the
Council request a complete and accurate
presentation, at a public meeting, from the City
Manager on all the TRIP project costs and
sources of financing; and submitted written
material.
6. WORKSHOPS
a. Presentation of Proposed FY 2014 -15 Budget.
City Manager Tandy made staff comments and
provided a PowerPoint presentation.
E11
7.
Bakersfield, California, May 7, 2014 - Page 8
WORKSHOPS continued ACTION TAKEN
Assistant to the City Manager Huot presented the
financial overview and provided a PowerPoint
presentation.
City Manager Tandy made additional comments.
APPOINTMENTS
a. One appointment to the Historic Preservation
Commission due to the resignation of Patricia
Duffel, whose term was to expire March 30,
2015.
City Clerk Gafford announced one application was
received from Stephen Montgomery.
Motion by Vice -Mayor Weir to appoint Steven
Montgomery to a 3 -year term on the Historic APPROVED AB HANSON
Preservation Commission, whose term expires on ,
SU LLLIVAN IVAN
March 30, 2018. SULLIVAN
b. One appointment to the Keep Bakersfield
Beautiful Committee, due to the resignation of
Antonio Martinez (Ward 1), whose term was to
expire December 2014.
City Clerk Gafford announced one application was
received from Anna Corrinne Camp Smith.
Mayor Hall made comments regarding the resignation
of Antonio Martinez, due to medical reasons; and
stated that he should be recognized for the
outstanding work that he did while a member of the
Keep Bakersfield Beautiful Committee.
Motion by Councilmember Rivera to appoint Anna
APPROVED
Smith to the Keep Bakersfield Beautiful Committee,
AB HANSON,
SULLIVAN
term expires December 2014.
C. One appointment to the Planning Commission
due to the expiration of term of Barbara Lomas,
(Ward 4), whose term expired April 30, 2014.
Motion by Councilmember Smith to re- appoint
APPROVED
,
Barbara Lomas to a 4-year term on the Planning
Y 9
SULLIVAN
SULLIVAN
LIVAN
Commission, whose term expires on April 30, 2018.
Bakersfield, California, May 7, 2014 — Page 9
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the April 16, 2014,
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
April 4, 2014, to April 24, 2014, in the amount of
$20,676,372.09 and self- insurance payments
from April 4, 2014, to April 24, 2014, in the
amount of $440,282.79, totaling, $21,116,654.88.
Ordinances:
C. Zone Change 14 -0050; SmithTech USA, REMOVED BY STAFF
representing SB /RBLI Land Company (North
Kern ll), LLC (property owner), has applied for a
zone change on 20.01 acres located at the
southwest corner of Coffee Road and future
Etchart Road.
1. First Reading of Ordinance amending
the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone
district from R -2 /PUD (Limited Multi- family
Dwelling/ Planned Unit Development)
zone to R -1 (One - Family Dwelling). A
previously adopted Negative
Declaration for GPA /ZC No. 05 -1932
applies to this project.
Resolutions:
d. Resolution confirming approval by the City RES 061 -14
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City
for which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and the demolishment
of dangerous buildings and authorizing
collection of the assessments by the Kern
County Tax Collector.
8.
Bakersfield, California, May 7, 2014 — Page 10
CONSENT CALENDAR continued ACTION TAKEN
e. Resolution of Intention No. 1788 preliminarily ROI 1788
adopting, confirming and approving the
Public Works Director's Report for the
Consolidated Maintenance District (CMD) and
the 2014 -2015 budget and setting the time and
place for hearing protests regarding the
amount of park landscaping assessments to be
levied throughout the CMD.
Resolution of Intention No. 1789 preliminarily ROI 1789
adopting, confirming and approving the Public
Works Director's Report for the Consolidated
Maintenance District (CMD) and the 2014 -2015
budget and setting the time and place for
hearing protests regarding the amount of street
and median landscaping assessments to be
levied throughout the CMD.
g. Resolution of Intention No. 1790 preliminarily ROI 1790
adopting, confirming and approving the Public
Works Director's Report for 19 Traffic Signal
Maintenance Districts (TSMD) and their 2014-
2015 budgets and setting the time and place
for hearing protests regarding the amount of
Traffic Signal assessments to be levied for each
TSMD.
h. Resolution of Intention No. 1780 ordering the RO► 1780
vacation of a strip of right -of -way 6'/2 feet wide
along the south side of the alley west of V Street
between 20th Street and 21 St Street within block
216 and 217 of Godey Tract.
Agreements:
Agreement with Lewis, Brisbois, Bisgaard & Smith AGR 14 -063
LLP (not to exceed $125,000) to provide outside
legal services in the matter of Citizens Against
the 24th Street Widening Project v. City, et al.,
KCSC Case No. S- 1500 -CV- 281556, KCT,
challenging the City's certification of the Final
Environmental Impact Report for the 24th Street
Widening Project.
j. Agreement with Brown Armstrong AGR 14 -064
Accountancy Corporation ($49,600) for a full
scope annual audit of the 2013 -14 fiscal year.
Bakersfield, California, May 7, 2014 — Page 11
S. CONSENT CALENDAR continued ACTION TAKEN
k. Agreement with Diane Swan ($95,000) to
purchase real property located at 421 Truxtun
Avenue for the Amtrak Parking Lot Expansion
Project.
Agreement with LNV, Inc. ($380,000), to
purchase real property for APN Nos. 531- 010 -27,
28 and 533 - 011 -18 thru 28, located on the
southeast and southwest corner of Morning
Drive and State Route 178. (TRIP)
M. Cooperative Agreement with the State of
California Department of Transportation
(Caltrans) for construction of the Rosedale
Highway Widening Project. (TRIP)
n. Cooperative Agreement with the State of
California Department of Transportation
(Caltrans) for the State Route 99 at Hosking
Avenue Interchange Project. (TRIP)
o. Design Consultant Agreement with T.Y. Lin
International (not to exceed $3,490,000;
agreement funded with 88.53% Federal
Earmark Funds and 11.47% Traffic Development
Funds) for engineering design services for the
24th Street Improvement Project. (TRIP)
P. Amendment No. 2 to Agreement No. PW 1 1 -084
with Penny Lawn Service, Inc. ($14,000; revised
not to exceed $52,160), for landscape
maintenance at the Municipal Airport.
q. Amendment No. 1 to Agreement No. 11 -086
with the City Fire Department, Kern County Fire
Department and Kern Community College
District, to maintain, upgrade and operate the
Olive Drive Fire Training Facility.
r. Amendment No. 2 to Agreement No. CA 12-013
with California Eminent Domain Law Group,
APC ($65,000; revised not to exceed $85,000),
to provide outside legal services in the matter
of City v. Anthony C. Evans and Carol Ross
Evans, etc., et al.
AGR 14 -065
AGR 14 -066
AGR 14 -067
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 14 -070
AGR 11- 086(1)
REMOVED BY STAFF
Bakersfield, California, May 7, 2014 - Page 12
8. CONSENT CALENDAR continued ACTION TAKEN
Amendment No. 3 to Agreement No. 90-279
with Nextel of California, Inc., to transfer
ownership of an equipment shelter at 8101
Ashe Road to the City.
Amendment No. 4 to Agreement No. 1 1 -127
with Thyssenkrupp Elevator Corporation
($50,000; revised not to exceed $210,000 and
extend term one year) for elevator
maintenance.
U. Amendment No. 1 to Agreement No. 13-091
with Safeway Sign Company (extending
term one year), for continued supply of traffic
signs.
V. Amendment No. 5 to Agreement No. 10-080
with Commercial Cleaning Systems, Inc.
($48,330; revised not to exceed $221,818 and
extend term one year), for the annual contract
for janitorial maintenance at City Hall North.
W. Amendment No. 2 to Agreement No. 12 -086
with Loop Electric, Inc. (extending term one
year), for the annual contract for vehicle loop
cutting.
X. Amendment No. 1 to Agreement No. 13 -184
with Bethany Services /Bakersfield Homeless
Center ($5,611.37), for Emergency Shelter Grant
Funds for Emergency Shelter Operations.
Y. Amendment No. 1 to Agreement No. 13-185
with the Mission at Kern County ($5,611.36), for
Emergency Grant Funds for Emergency Shelter
Operations.
Z. Amendment No. 3 to Agreement No. 11 -100
with Parsons Transportation Group, Inc.
($2,800,457; revised not to exceed $43,510,276;
amendment - 88.53% federally funded
$2,479,245 and 11.47% locally funded $321,212),
for additional professional services for program
delivery/engineering and environmental
support for TRIP; and preliminary engineering
and coordinating /managing completion of the
environmental document for the Centennial
Corridor Loop (SR -58 Connector) Project. (TRIP)
AGR 90- 279(3)
AGR 11- 127(4)
AGR 13- 091(1)
AGR 10- 080(5)
AGR 12- 086(2)
AGR 13- 184(1)
AGR 13- 185(1)
REMOVED FOR
SEPARATE
CONSIDERATION
8.
Bakersfield, California, May 7, 2014 - Page 13
CONSENT CALENDAR continued
aa. Contract Change Order No. 1 to Agreement
No. 13 -155 with Granite Construction, Inc.
($17,647.50; revised not to exceed
$3,035,579.50), for the project known as
Mohawk Street Improvements from Rosedale
Highway to Siena Lane.
bb. Contract Change Order No. 4 to Agreement
No. 13 -140 with Security Paving Company, Inc.
($60,000; revised not to exceed $14,225,216), for
the State Route 58 Gap Closure Project. (TRIP)
CC. Contract Change Order No. 9 to Agreement
No. 12 -165 with Security Paving Company, Inc.
($13,277.38; revised not to exceed
$29,401,923.13; change order funded with STIP
Funds (100 %)), for the construction of the
Westside Parkway Phase 6C Project. (TRIP)
dd. Accept bid and approve contract with Smith
Construction Company, Inc. ($716,994.17), for
the rehabilitation of Primary Clarifiers No. 1
through 4 at Wastewater Treatment Plant No. 3.
ee. Accept base bid plus additive alternate No. 1
and approve contract with Daktronics, Inc.
($181,750), to furnish and replace marquee at
Rabobank Arena, Theater and Convention
Center.
ff. HVAC Replacement /Upgrade - Community
Development Building:
Accept bid and approve contract with
Zim's Integrated Mechanical Service,
Inc. ($646,317), for construction of the
project.
2. Appropriate $250,000 Facility Reserve
Funds to the Community Development
Department's Capital Improvement
budget within the Capital Outlay Fund.
ACTION TAKEN
AGR 13 -155
CCO 1
AGR 13 -140
CCO 4
AGR 12 -165
CCO 9
AGR 14 -071
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, May 7, 2014 — Page 14
8. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
gg. Transfer and appropriate $54,125 Transient
Occupancy Tax Fund Balance to the City
Debt Service Fund to account for the annual
loan payment associated with the PG&E On -Bill
Financing Program.
hh. Transfer and appropriate additional
development fee revenues from the
Development Services Fund to the Public Works
Capital Improvement Budget within the Capital
Outlay Fund for repairs and improvements to
the Community Development Building.
Appropriate $35,000 from Kaiser Permanente
Southern California Fund grant revenues to the
Recreation and Parks Operating Budget within
the General Fund to provide swim lessons and
passes to children and adults. (Operation
Splash)
CalOES Grant Appropriation for the Police
Department:
Appropriate $121,369 State Grant
Revenues (from the California Office of
Emergency Services) to the General
Fund Police Operating Budget, for the
Children Exposed to Domestic Violence
Specialized Response Program.
kk. Synthetic Turf Median Projects:
Approve the addition of seven median
test project sites to the City's Capital
Improvement Program for Fiscal Year
2013 -14 for a total of $1 1 1,489.
2. Appropriate $7,700 median trust funds,
transfer $35,945 savings from Millcreek
Park Plaza project, and transfer $67,844
savings from Westside Parkway Phase 1
project to the Public Works Capital
Improvement Budget within the Capital
Outlay Fund.
Bakersfield, California, May 7, 2014 - Page 15
8. CONSENT CALENDAR continued ACTION TAKEN
II. Department of Housing & Urban Development
(HUD) Fiscal Year 2010-11 Action Plan
Amendment No. 11, reprogramming $11,222.73
in Emergency Shelter Grant Funding.
Successor Agency Business:
mm. Receive and file successor agency payments
from April 4, 2014, to April 24, 2014, in the
amount of $638.91.
City Clerk Gafford announced that at the request of
staff, items 8.c. and 8.r. have been pulled from the
agenda; and that staff memorandums were also
received regarding items 8.1, 8.ee., and 8.ff.
Councilmember Rivera requested that item 8.ff. be
removed for separate consideration.
Councilmember Maxwell requested that items 8.n.,
8.o., 8.z., and 8.ee. be removed for separate
consideration.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.mm., with the removal AB HANSON,
of Items 8.n., 8.o., 8.r., 8.z., 8.ee., and 8.ff. for SULLIVAN
separate consideration.
n. Cooperative Agreement with the State of AGR 14 -068
California Department of Transportation
(Caltrans) for the State Route 99 at Hosking
Avenue Interchange Project. (TRIP)
In response to questions from Councilmember
Maxwell, City Manager Tandy and Acting Public Works
Director Fidler explained that the City could not
change the off ramp for the Hosking Avenue
Interchange Project from a partial clover leaf to a
diamond interchange since it is a Caltrans facility and
they exercise absolute and total control over the
design criteria.
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar Item 8.n. AB HANSON,
SULLIVAN
Bakersfield, California, May 7, 2014 - Page 16
8. CONSENT CALENDAR continued ACTION TAKEN
o. Design Consultant Agreement with T.Y. Lin AGR 14 -069
International (not to exceed $3,490,000;
agreement funded with 88.53% Federal
Earmark Funds and 11.47% Traffic Development
Funds) for engineering design services for the
24th Street Improvement Project. (TRIP)
In response to a question from Councilmember
Maxwell, Finance Director Smith explained that the
$3,490,000 mentioned in this agreement, for design
and right -of -way, is in the current year budget.
Acting Public Works Director Fidler advised that the
City has received E76 authorization to proceed with
the design for this project; and stated that if the
Federal Highway Administration or Caltrans finds that
the City is not invoicing for design, they will consider
taking away that obligated money from the City.
Motion by Councilmember Maxwell to continue
Consent Calendar item 8.o. to the next meeting, to
allow time for the Council to receive an update on the
CEQA lawsuit prior to making a decision to approve
more money spent on this project.
FAILED
NOES WEIR, SMITH,
RIVERA
AS HANSON,
SULLIVAN
Motion by Vice -Mayor Weir to adopt Consent
APPROVED
Calendar item 8.o.
NOES MAXWELL
AS HANSON,
Z. Amendment No. 3 to Agreement No. 1 1 -100
SULLIVAN
with Parsons Transportation Group, Inc.
AGR 11- 100(3)
($2,800,457; revised not to exceed $43,510,276;
amendment - 88.53% federally funded
$2,479,245 and 11.47% locally funded $321,212),
for additional professional services for program
delivery/engineering and environmental
support for TRIP; and preliminary engineering
and coordinating /managing completion of the
environmental document for the Centennial
Corridor Loop (SR -58 Connector) Project. (TRIP)
Councilmember Maxwell requested a memorandum
be provided to the Council, outlining the billing that
happens between now and the RFQ, so that they can
see how the money is being spent.
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar Item 8.z. AS HANSON,
SULLIVAN
1.3
ff.
Bakersfield, California, May 7, 2014 — Page 17
CONSENT CALENDAR continued
ee. Accept base bid plus additive alternate No. 1
and approve contract with Daktronics, Inc.
($181,750), to furnish and replace marquee at
Rabobank Arena, Theater and Convention
Center.
Finance Director Smith responded to a question from
Councilmember Maxwell, stating that he provided a
memorandum responding to the items in the bid
protest letter from Ad Art Sign Company; and
explained that the City described the specifications
on the bid for a larger sized sign, and this company
bid a smaller size, which led the City to go to the first
bidder with the lowest cost providing the product they
requested.
Motion by Councilmember Maxwell to adopt Consent
Calendar item 8.ee.
HVAC Replacement /Upgrade - Community
Development Building:
Accept bid and approve contract with Zim's
Integrated Mechanical Service, Inc. ($646,317),
for construction of the project.
Councilmember Rivera requested a conversation
regarding a possible new bid preference policy to
help our local economy and asked that it be referred
to the Budget and Finance Committee.
Councilmember Johnson suggested that the
Committee consider that while the City's current local
bidder preference is just for goods and not for
services, that it could be argued that in some services
you are getting a good, such as an air conditioner.
Motion by Councilmember Rivera to adopt Consent
Calendar item 8.ff.
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider the Resolution
ordering the vacation of the alley within
block 112 of East 19th Street and East 21 St Street,
between Sonora Street and Inyo Street.
ACTION TAKEN
AGR 14 -072
APPROVED
AB HANSON,
SULLIVAN
AGR 14 -073
APPROVED
AB HANSON,
SULLIVAN
RES 062 -14
9.
10.
11.
Bakersfield, California, May 7, 2014 — Page 18
CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
b. Public Hearing to consider Resolution adopting RES 063 -14
revised Pioneer Planned Drainage Area.
City Clerk Gafford announced that correspondence
has been received from Perry Anthony regarding item
9.b.
Consent Calendar Public Hearings items 9.a. and 9.b
opened at 7:48 p.m.
No one spoke.
Consent Calendar Public Hearings items 9.a. and 9.b.
closed at 7:49 p.m.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar Hearing items 9.a. and 9.b. AB HANSON,
SULLIVAN
HEARINGS
None.
REPORTS
a. Department Budget Presentations:
General Government
Assistant to the City Manager Huot made staff
comments and provided a PowerPoint
presentation.
In response to a question from Councilmember
Smith, Assistant to the City Manager Huot
explained staff hopes to have more information
regarding the graffiti app and others, in the
next week or two, given the variety of potential
services that would be provided.
2. City Attorney's Office
City Attorney Gennaro made staff comments
and provided a PowerPoint presentation.
3. Financial Services
Finance Director Smith made staff comments
and provided a PowerPoint presentation.
Bakersfield, California, May 7, 2014 - Page 19
12. DEFERRED BUSINESS ACTION TAKEN
None.
13. NEW BUSINESS
a. Resolution supporting Public Investment of Kern RES 064 -14
County Employees' Association Funds in the City
and throughout Kern County.
City Manager Tandy made staff comments
and recommended approval of the Resolution.
Motion by Vice -Mayor Weir to adopt New Business APPROVED
item 13.a. AB HANSON,
SULLIVAN
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson requested staff examine a pending
bill in Sacramento regarding groundwater management
programs and its impacts to Bakersfield; and requested it be
referred to the Water Board.
Councilmember Johnson requested staff look into financial
support for the Water Association of Kern County's bus
marketing campaign; and contact the Association to
determine if it's not too late to provide support in the amount
of $1,000 to $1,500.
Councilmember Maxwell requested staff provide a short
presentation regarding the status of the money to be used for
landscaping for the Westside Parkway.
Councilmember Maxwell request Parsons provide a
presentation to Council regarding the status of the design
and landscaping for the 24th Street Widening Project.
Councilmember Maxwell requested staff investigate who has
been given the authorization to stop traffic at Bakersfield
College and check air pollution emissions by vehicles.
Mayor Hall indicated that he is proud of the fact the Mayor's
Office has had a budget surplus each year he has been in
office.
Bakersfield, California, May 7, 2014 - Page 20
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:22 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield