HomeMy WebLinkAbout05/23/12_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF MAY 23, 2012
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Pastor John May, Rio Bravo Valley Baptist Church.
3. PLEDGE OF ALLEGIANCE by Waverly Reifka, Is' grade student at Ronald Regan Elementary
School,
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Lill Marsh, Chairperson of Honor
Flight Kern County, declaring May 25 -27, 2012 "Honor Flight Days ".
5. PUBLIC STATEMENTS
6. WORKSHOPS
a. Department Budget Presentations:
1. Public Works Department
2. Development Services Department
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the May 9, 2012 Regular City Council Meeting.
Payments:
b. Receive and file department payments from April 27, 2012 to May 10, 2012 in the
amount of $11,044,687.61 and self- insurance payments from April 27, 2012 to May 10,
2012 in the amount of $262,581.54 totaling $11,307,269.15.
Ordinances:
Resolutions:
(ward 2) C. Resolution adding territory, Area 1 -90 (4850 Commerce Drive) to the Consolidated
Maintenance District and approving, confirming and adopting the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
8. CONSENT CALENDAR continued
d. Resolution of Intention No. 1712 preliminarily adopting, confirming and approving the
Public Works Director's Report for the Consolidated Maintenance District and its
2012 -2013 budget; and setting time and place for hearing protests on the amount of
park landscaping assessments to be levied throughout the Consolidated
Maintenance District.
e. Resolution of Intention No. 1713 preliminarily adopting, confirming and approving the
Public Works Director's Report for the Consolidated Maintenance District and its
2012 -2013 budget; and setting time and place for hearing protests on the amount of
street and median landscaping assessments to be levied throughout the
Consolidated Maintenance District.
f. Resolution of Intention No. 1714 preliminarily adopting, confirming and approving the
Public Works Director's Report for Traffic Signal Maintenance Districts and their 2012-
2013 budgets; and setting time and place for hearing protests on the amount of
traffic signal assessments to be levied throughout the Traffic Signal Maintenance
Districts.
Agreements:
(Ward 1) g. Agreement with Mead & Hunt, Inc. (not to exceed $350,000), for on -call airport
planning, engineering, and design services for federally funded capital improvement
projects during calendar years 2012 through 2016.
h, Amendment No. 1 to Agreement No. 11 -067 with Spence Spraying Service
(extending the term one year and adding $105,000; revised not to exceed $147,500)
for chemical application service.
I. Amendment No. 1 to Agreement No. 11 -075 with Safeway Sign Company (extending
the term one year and adding $80,000; revised not to exceed $155,343.14) for
supplying traffic signs.
(Ward 1) j. Contract Change Order No. 29 to Agreement No. 11 -035 with GSE Construction, Inc.
($90,330; revised not to exceed $5,179,500) for the Wastewater Treatment Plant 2
Septage /Grease Receiving Station and Odor Control Project.
Bids:
Accept bid from Ride Now Powersports, Kennewick, WA. ($83,257.16) for
replacement of four police special motorcycles for the Police Department.
(Ward 6) I. Accept bid and approve contract with Kinco General Contractors ($79,907) for
bathroom reconstruction at Fire Station No. 7.
City Council Meeting of 05/23/2012
8. CONSENT CALENDAR continued
(Ward 6) M. State Farm Sports Village - Phase 2 Project:
1. Accept bid and approve contract to S.C. Anderson, Inc. ($3,603,000), for Base
Bid and Additive Alternate No. 1 - Construct McKee Road of the Sports Village
Phase 2,
2. Appropriate $430,000 Park Improvement Fund balance within the Park
Improvement Fund to the Public Works Department Capital Improvement
budget.
3. Appropriate $350,000 Wasterwater Enterprise Fund balance to the Public Works
Capital Improvement budget within the Wastewater Enterprise Fund.
n. Accept bid and approve contract with Prudential Overall Supply (not to exceed
$420,000) for three years of service for industrial laundry service.
Miscellaneous:
o. Acceptance of 2009 -10 Transportation Development Act Funds Financial
Statements.
Staff recommends adoption of Consent Calendar items 8.a. through 8. o.
9. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 3) a. Public Hearing on Resolution of Necessity to determine the public interest and
necessity for acquisition of certain real property located at State Route 178 at
Morning Drive, (APN #434 - 010 -04) (Saleh Hawatmeh, owner) by eminent domain for
the new Morning Drive and State Route 178 Interchange Project. (TRIP)
(Staff recommends adoption of Resolution.)
(Ward 3) b, Public Hearing on Resolution of Necessity to determine the public interest and
necessity for acquisition of certain real property located at State Route 178 at
Morning Drive, (APN #434 - 010 -06) (Marvin & Shirley Hort, "Hort Trust ", owners) by
eminent domain for the new Morning Drive and State Route 178 Interchange Project,
(TRIP) (Staff recommends adoption of Resolution.)
(Ward 3) C. Public Hearing on Resolution of Necessity to determine the public interest and
necessity for acquisition of certain real property located at State Route 178 at
Morning Drive, (APN #434 - 010 -16) (Anthony & Carol Evans and Ken & Sylvia Koss,
owners) by eminent domain for the new Morning Drive and State Route 178
Interchange Project. (TRIP) (Staff recommends adoption of Resolution.)
(Ward 3) d. Public Hearing on Resolution of Necessity to determine the public interest and
necessity for acquisition of certain real property located at State Route 178 at
Morning Drive, (APN #'s 531 - 011 -07 and 533 - 010 -19, previously known as
APN #s 533 - 010 -27 and 533 - 010 -28) (S &J Alfalfa Inc., owners) by eminent domain for
the new Morning Drive and State Route 178 Interchange Project. (TRIP)
(Staff recommends adoption of Resolution.)
(Ward 3) e. Public Hearing on Resolution of Necessity to determine the public interest and
necessity for acquisition of certain real property located at State Route 178 and
Morning Drive, (APN #s 533 - 011 -18 thru 28) (S &J Alfalfa Inc., owners) by eminent
domain for the new Morning Drive and State Route 178 Interchange Project. (TRIP)
(Staff recommends adoption of Resolution.)
City Council Meeting of 05/23/2012
9. CONSENT CALENDAR PUBLIC HEARINGS continued
f. General Plan Circulation Element Amendment No, 12 -0084; The City proposes a text
amendment to the Circulation Element of the Metropolitan Bakersfield General Plan
relating to Freeways. (Staff recommends adoption of Resolution.)
1. Resolution approving the general plan amendment to change the text of the
Circulation Element of the Metropolitan Bakersfield General Plan relating to
Freeways as depicted in Exhibit A.
(Ward 1) g. General Plan Amendment /Zone Change No. 12 -0023 for city -owned property
encompassing 40 acres located approximately one -half mile south of East Panama
Lane along the east side of Cottonwood Road. (Staff recommends adoption of
resolution and give first reading to Ordinance.)
1, Resolution approving the general plan amendment changing the land use
designation from HMR (High Medium Density Residential) to R -IA (Resource -
Intensive Agriculture).
2. First Reading of Ordinance amending Title 17 of the Municipal Code by
changing the zone district from PUD (Planned Unit Development) to A
(Agriculture).
(Ward 6) h. General Plan Amendment /Zone Change No. 11 -0418; McIntosh & Associates,
representing JEC Panama, LLC (property owner), has proposed a general plan
amendment and zone change on 9,88 acres located at the northeast corner of
Panama Lane and Ashe Road. (Staff recommends adoption of resolution and give first
reading to Ordinance.)
1. Resolution approving the Negative Declaration and adopting the general
plan amendment changing the land use designation from HMR (High Medium
Density Residential) to GC (General Commercial).
2, First Reading of Ordinance approving the Negative Declaration and
amending Title 17 of the Municipal Code by changing the zone district from
R -2 /PUD (Limited Multiple Family Dwelling /Planned Unit Development) to
C -2 /PUD (Regional Commercial /Planned Commercial Development),
RECESS
10. SUCCESSOR AGENCY BUSINESS
a. Receive and file Successor Agency payments from April 27, 2012 to May 10, 2012 in
the amount of $203,569.59.
Staff recommends report be received and filed.
4 City Council Meetinq of 05/23/2012
10. SUCCESSOR AGENCY BUSINESS continued
b. Loan reauthorization between the City of Bakersfield and the Successor Agency to
the former and dissolved Bakersfield Redevelopment Agency,
1. Agreement between the Successor Agency and the City to re -enter and restate
Reimbursement Agreement No. 09 -128 for two loans from the City to the
Redevelopment Agency.
2, Agreement between the Successor Agency and the City to re -enter and restate
Reimbursement Agreement No. 10 -112 from the City to the Redevelopment
Agency.
Staff recommends approval of the reimbursement agreements to re -enter and restate the
loans.
11. CLOSED SESSION
12. HEARINGS
13. REPORTS
a, Department Budget Presentations:
1, Police Department
2. Fire Department
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
5/17/129:15 pm
Respectfully submitted,
Alan Tandy
City Manager
5 City Council Meeting of 05/23/2012
AGENDA HIGHLIGHTS
May 23, 2012 COUNCIL MEETING
Department Budget Presentations: The Public Works and Development Services Departments will
present a detailed overview of their FY 2012 -13 proposed budgets. The Police and Fire
Departments will follow later on this agenda under Reports.
Item 8k.. Construction of Sl2orts Village - Phase 2. Phase 1 of the Sports Village complex consists of
eight (8) soccer fields, a concession /maintenance building and restrooms. Phase 2 will add four
(4) additional soccer fields, four (4) youth football fields, the extension of McKee Road, and
another parking lot and restroom facility. The City Council previously approved agreements with
The American Youth Soccer Organization and the Golden Empire Football Association for use of
the new facilities, which also require them to provide maintenance. This item proposes approval
of the construction agreement for Phase 2, and the additional appropriation of funding. Five bids
were received, of which three were acceptable. Staff recommends award to the low bidder, S.C.
Anderson, in the amount of $3,603,000.00, and the appropriation of $430,000.00 Park Improvement
Fund balance and $350,000.00 Wastewater Enterprise Fund balance to the Public Works Capital
Improvement Budget to fully fund the Phase 2 project. ($3,110,000.00 was previously appropriated
for this project.) This item originally appeared on the May 9, 2012 agenda; however, staff
requested that it be removed in order to respond to a bid protest. The City Attorney's Office has
prepared a detailed response, which is included with the administrative report, and recommends
proceeding with the approval of the agreement.
CONSENT CALENDAR PUBLIC HEARINGS
Items 9a -9e. SR 178 /Morning Drive Interchange Project - Pro pfy Acquisitions. This TRIP project to
construct a new interchange at SR178 /Morning Drive and widen SR 178 to four lanes for
approximately 1.5 miles is progressing, with construction scheduled to begin in late 2012 /early
2013. Staff is actively in the process of negotiating with property owners for purchase of those
parcels that have been identified as necessary for the project. This agenda includes the first of a
series of requests for approval of Resolutions of Necessity to allow the City to begin eminent
domain proceedings to complete acquisition of needed properties. The five requests on this
agenda are for properties that are unoccupied, undeveloped, and will not require relocation of
any owners or occupants. Discussions with the property owners are on -going and staff will
earnestly attempt to come to agreement with them and to avoid eminent domain actions, if
possible.
Item 9h. GPA /Zone Change Request - Panama Lane and Ashe Road. This is a request for a zone
change of 9.88 acres at the northeast corner of Panama Lane and Ashe Road. The owner JEC,
Panama, LLC, represented by McIntosh and Associates, is requesting a zone change from high
medium density residential to regional commercial. The proposed project is a 91,300 commercial
retail center, consisting of two stand alone retail buildings, one multi- tenant building, and two fast
food pads. The Planning Commission approved the preliminary site plan on March 15, 2012 and is
recommending approval to the Council. There was no public opposition at the Planning
Commission hearing. This item is requesting approval of a Negative Declaration, GPA and first
reading of the ordinance.
Item 10b. Loan Reauthorizations between the City and the Successor A envy to the RDA. On
April 22, 2012, staff received notification from the State Department of Finance (DOF) challenging
some of the items on the Recognized Payment Schedule (ROPS) that was approved by the
Oversight Board on April 9, 2012. Staff sent a response to the DOF providing more information on
the HUD Section 108 loans and requesting clarification of their comments on the Housing Set Aside
transactions. Staff initially agreed to remove the interagency loans from the ROPS, pending
approval of legislation that would allow them to be reinstated on a future ROPS. However, recent
information from the League of California Cities based on their communications with the DOF has
caused staff to renew efforts to maintain our challenge of the interagency loans as enforceable
obligations. As of this date, we have not received a response on the DOF regarding our request,
but the additional information from the League indicates that the DOF is supposed to address all
appeals for contested ROPS items no later than May 25th. The League also received additional
guidance from the DOF indicating that AB 1 x26 (the legislation that abolished redevelopment
agencies) allows for a second type of agreement, whereby a successor agency may request
oversight board approval to re -enter into an agreement with the city that created it, and the
oversight board can then approve it. Hopefully, the DOF will approve the contested loans after
reviewing the additional information that staff submitted. However, as a secondary measure, staff
recommends that the City and the Successor Agency reenter into new loan agreements for three
interagency loans that helped to facilitate several of the Mill Creek housing projects: 1) $2,000;000
loan (current balance of $1,342,459) from the City's Equipment Fund for the 19th Street Senior
Project; 2) $1,500,000 loan (current balance of $1,122,121) from the City's Self Insurance Fund of
the Courtyard Affordable Housing Project (both of these loans were processed under one
agreement); and 3) $950,000 loan (current balance of $760,000) from the City's Equipment Fund
for land and an easement for the Chelsea Affordable Family Housing Project.
As previously referenced, the Police and Fire Departments will provide a detailed overview of their
FY 2012 -13 proposed budgets.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - May 23, 2012 Council Meeting
Page 2
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ADMINISTRATIVE REPORT
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MEETING DATE: May 23, 2012 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: May 11, 2012 CITY ATTORNEY
CITY MANAGER eS
SUBJECT: Presentation by Mayor Hall of a Proclamation to Lili Marsh, Chairperson of Honor Flight
Kern County, declaring May 25 -27, 2012, "Honor Flight Days" in Bakersfield.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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MEETING DATE: May 23, 2012 AGENDA SECTION: Workshops
ITEM: to. Q
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: May 14, 2012
DEPARTMENT HEAD
CITY ATTORNE'
CITY MANAGE
APPROVED
SUBJECT: Department Budget Presentations /
1. Public Works
2. Development Services
BACKGROUND: Public Works and Development Services staff will provide a detailed overview
of their FY 2012 -13 proposed operating budgets. The budget overview will include discussion
regarding the goals, accomplishments, and significant budget changes for the respective
departments.
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MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD 4T
DATE: May 11, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the May 9, 2012 Regular City Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: May 23, 2012
TO:
FROM:
DATE:
SUBJECT
AGENDA SECTION: Consent Calendar
ITEM: J2 L.
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
May 11, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY —79c--
CITY MANAGER_,&
Receive and file department payments from April 27, 2012 to May 10, 2012
in the amount of $11,044,687.61, Self Insurance payments from April 27,
2012 to May 10, 2012 in the amount of $262,581.54, totaling $11,307,269.15
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
May 11, 2012, 9:57AM
SAKim GIADMIN \COUNCIL - ADMIN- AP- 2012WDMIN —AP 052312.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar
ITEM: g
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: May 9, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution to add territory, Area 1 -90 (4850 Commerce Drive) to the Consolidated
Maintenance District and approving, confirming, and adopting the Public Works
Director's Reports and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 2)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: On May 9, 2012, the Council adopted Resolution of Intention No. 1710 adding the
above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of parks and /or street landscaping. The area will be under park and /or streetscape
zones of benefit and will be assigned the appropriate tier levels when parks and /or street
landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent
to the assessment.
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 supplied to the
subdividers) /developer(s) to be recorded with the subdivision map.
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MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar
ITEM: S. d
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 8, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1712 preliminarily adopting, confirming and approving
the Public Works Director's Report for the Consolidated Maintenance District
( "CMD" herein) and the 2012 -2013 budget and setting the time and place for
hearing protests regarding the amount of park landscaping assessments to be
levied throughout the CMD. (All Wards)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: On January 13, 2005, the City Council passed Resolution No. 019 -05 adopting
Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City
to collect additional revenue for the maintenance of street and median landscaping and park
maintenance within the CMD.
As of January 13, 2005, all new territories added to the CMD that benefit from public parks and /or
street landscaping shall be assessed, consistent with the requirements of Proposition 218, those
amounts set forth in Exhibit "A" of Resolution No. 019 -05. Said amounts shall be increased
annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange
County/All Urban Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 13, 2005 will not be increased. The
rates will remain at the 2004 -2005 level. The proposed 2012 -2013 budget for the CMD (Exhibit "B ")
is attached to this Resolution of Intention.
This Resolution of Intention preliminarily approves the Public Works Director's Report which
includes the 2012 -2013 budget for the CMD in its entirety.
Each territory currently within the CMD was individually added by Council Resolution at a prior
date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for
each territory within the CMD are on file in the City Clerk's Office with its respective Council
Resolution.
This Resolution of Intention sets the protest hearing for the Council meeting on Wednesday, June
6, 2012, at 5:15 P.M.
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MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 8, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ki
CITY MANAGERcs
SUBJECT: Resolution of Intention No. 1713 preliminarily adopting, confirming and approving
the Public Works Director's Report for the Consolidated Maintenance District
( "CMD" herein) and the 2012 -2013 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. (All Wards)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: On January 13, 2005, the City Council passed Resolution No. 019 -05 adopting
Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City
to collect additional revenue for the maintenance of street and median landscaping and park
maintenance within the CMD.
As of January 13, 2005, all new territories added to the CMD that benefit from public parks and /or
street landscaping shall be assessed, consistent with the requirements of Proposition 218, those
amounts set forth in Exhibit "A" of Resolution No. 019 -05. Said amounts shall be increased
annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange
County/All Urban Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 13, 2005 will not be increased. The
rates will remain at the 2004 -2005 level. The proposed 2012 -2013 budget for the CMD (Exhibit "B ")
is attached to this Resolution of Intention.
This Resolution of Intention preliminarily approves the Public Works Director's Report which
includes the 2012 -2013 budget for the CMD in its entirety.
Each territory currently within the CMD was individually added by Council Resolution at a prior
date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for
each territory within the CMD are on file in the City Clerk's Office with its respective Council
Resolution.
This Resolution of Intention sets the protest hearing for the Council meeting on Wednesday, June
6, 2012, at 5:15 P.M.
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MEETING DATE: May 23 2013 AGENDA SECTION: Consent Calendar
ITEM: 'Ss.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 8, 2012
APPS ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1714 preliminarily adopting, confirming and approving
the Public Works Director's Report for seventeen (17) Traffic Signal Maintenance
Districts ( "TSMD" herein) and their 2012 -2013 budgets and setting the time and
place for hearing protests on the amount of Traffic Signal assessments to be levied
for each TSMD. (All Wards)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: On September 28, 1994, the City Council passed Resolution No. 161 -94 adopting
Council Policy on Traffic Signal Maintenance Assessments which enables the City to collect
additional revenue for the maintenance and operation of traffic signals within a TSMD.
As of July 1, 1997, each territory that creates a TSMD shall be assessed an amount consistent with
the requirements of Proposition 218. Said amounts shall be increased annually by the cost of
living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers
Consumer Price Index. The current annual cost for each signal system's maintenance and
operation is $2,760.00.
This Resolution of Intention preliminarily approves the Public Works Director's Report which
includes the 2012 -2013 budget for each TSMD attached hereto as Exhibit "B."
Each territory comprising a TSMD was individually added by Council Resolution at a prior date.
The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for each
TSMD are on file in the City Clerk's Office with its respective Council Resolution.
This Resolution of Intention sets the protest hearing for the Council meeting on Wednesday, June
6, 2012, at 5:15 P.M.
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MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar
ITEM: B,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD r
DATE: April 27, 2012 CITY ATTORNEY
CITY MANAGER �S
SUBJECT: Consultant Agreement with Mead & Hunt, Inc. (not to exceed $350,000)
for on -call airport planning, engineering, and design services for federally
funded capital improvement projects during calendar years 2012 through
2016 (Ward 1).
RECOMMENDATION: Staff recommends approval of Agreement
BACKGROUND: Because staff does not have expertise or experience in airport
planning, engineering and design, the City has traditionally contracted for these
services with consultants. To continue to qualify for and obtain Federal Aviation
Administration (FAA) grants from the Airport Improvement Program (AIP), staff solicited
Request for Qualifications (RFQ) for these services.
On January 31, 2012, the City advertised for on -call Airport Planning and Engineering
Services through the City's website, as well as the American Association of Airport
Executives (AAAE) website and the AAAE periodical classified ads. On February 22,
2012, four submittals were received from: AECOM, Mead & Hunt, Tartaglia Engineering,
and Wadell Engineering. The firms submitted Statement of Qualifications (SOQ) which
were reviewed for completeness by the City's consultant selection committee
coordinator. All four SOQ's were determined to meet the minimum requirements.
The selection committee consisted of the Assistant Public Works Director, the Public
Works Operations Manager, and the General Services Superintendent. The committee
reviewed all of the proposals based on the criteria detailed in the RFQ, which included:
the firm's technical expertise; their experience with similar contracts and past
performance with the City of Bakersfield; their resources and capability to perform
within the required time frames; and, the qualifications of the Project Manager and key
personnel.
On March 26, 2012, the selection committee summarized the results of the evaluations
and ranked the firms. Based upon the evaluation summary, staff recommends award
of contract to Mead & Hunt as the highest rated and most qualified firm.
Since specific scopes of work have not yet been determined, the compensation
amount is set at a not -to- exceed total of $350,000 for a five -year term. A task order, or
request for proposal, shall be issued to Mead & Hunt for each specific project.
Projects will be 90% federally funded with the 10% local match requirement funded by
the General Aviation Fund. There is no General Fund impact associated with this
Agreement.
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MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: May 10, 2012 CITY ATTORNEY�I
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 11 -067 with Spence Spraying Service;
extending the contract term one year and adding $105,000 (for a total not to
exceed amount of $147,500) to continue the chemical application service.
(Citywide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On June 8, 2011 the City entered into Agreement No.11 -067 for the Annual
Contract to provide chemical application with Spence Spraying Service, in the amount of
$42,500; renewable annually thereafter for four consecutive one -year periods.
Under the current agreement, Staff estimated that $42,500 would be needed annually to
perform spraying activities along the City's canal roads. Due to the low unit cost and excellent
results this year with the chemical applications to the City's canal roads, staff is proposing to
expand the services of the spraying contractor to include additional acreage associated with
the Kern River levee system, storm water drainage basins, Mill Creek pond banks, and the storm
water drainage ditch adjacent to Manor Street at San Miguel Grove Park. Staff is also
proposing to include additional rodent control activities along the Kern River levee, which were
also part of the original contract, and are necessary to have well maintained river levees
through the City.
Amendment No. 1 will add $105,000 for a revised not to exceed amount of $147,500, and
extend the contract term one year. Funds are budgeted in the Water Resources operating
accounts within the Enterprise Funds. Approval of the amendment will allow the City to
continue to meet the demands for chemical application.
Purchasing Division/ch
C:\ Users \chluza\AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \099685CZ\AC for Chemical Application Amendment #1
Agmt 11 -067 (3).docx
5/10/2012 8:35:08 AM
A
O�p 04+r� S
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar
ITEM: B j,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson Smith, Finance Director
May 10, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY r
CITY MANAGER
Amendment No. 1 to Agreement No. 11 -075 with Safeway Sign Company;
extending the contract term one year and adding $80,000 (for a total not to
exceed amount of $155,343.14) to continue the supply of traffic signs. (Citywide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On June 29, 2011 the City entered into Agreement No.l 1 -075 for the Annual
Contract to provide Traffic Signs with Safeway Sign Company, in the amount of $75,343.14;
renewable annually thereafter for four consecutive one -year periods.
If approved, Amendment No. 1 will add $80,000 for a revised not to exceed amount of
$155,343.14, and extend the contract term one year. Funds are budgeted in the Public Works
Department operating accounts within the Gas Tax and General Funds. Approval of the
amendment will allow the City to continue to meet the demands for traffic signs.
Purchasing Division/ch
S:\PURMADMIMAmendments 11 -12WC for Traffic Signs Amendment # 1 Agmt. 11- 075.docx
5/10/2012 8:10:08 AM
BA
��cov0 is
ADMINISTRATIVE REPORT
L1F0
MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar
ITEM.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 8, 2012
APPROVED
DEPARTMENT HEAD �
—
CITY ATTORNEY D
CITY MANAGER �W
SUBJECT: Contract Change Order No. 29 to Agreement No. 11 -035 with GSE
Construction, Inc. ($90,330; revised not to exceed $5,179,500) for the
Wastewater Treatment Plant 2 Septage /Grease Receiving Station and
Odor Control Project (Ward 1).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the installation of a septage /grease receiving station
and odor control measures at Wastewater Treatment Plant No. 2.
During installation of the foul air piping for the odor control system, the contractor
encountered pipelines, utilities, and other obstructions that were not on the original plans. This
unforeseen condition requires the contractor to modify the foul air piping configuration at
each of these locations to allow for the pipeline's installation. The contractor has agreed to
accept a lump sum payment of $90,330 for performing this work. A detailed cost analysis
justifying this cost was provided by the contractor and reviewed by City staff.
The cost increase of Contract Change Order 29 is $90,330. The sum of all change orders to
date on this project reflects a total cost increase of $491,500 (which is 10.5% of the original
contract amount) as illustrated below:
Original Contract Amount = $4,688,000.00
Amended Contract Agreement after Change Orders = $5,179,500.00
Net Increase to date = $ 491,500.00
Sufficient funds are budgeted to fund these Change Orders. There is no.General Fund impact
associated with these Change Orders.
RM (Construction)
May 8, 2012, 3:37PM
G: \GROUPDATWDMINRPT \2012 \05- 23 \CCO 29 VW TP 2 Septage Receiving and Odor Control.doc
MEETING DATE: May 23, 2012
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Consent Calendar
ITEM: 0? G
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
May 9, 2012
APPROVED
DEPARTMENT HEAD _z4--'
CITY ATTORNEY
CITY MANAGER
Accept bid from Ride Now Powersports, Kennewick, WA, in the amount of
$83,257.16 for four (4) replacement Police Special Motorcycles for use by the
Police Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers of motorcycles.
Four (4) bids were received in response to solicitation.
The units being replaced have high mileage and have reached their useful life.
The four (4) bids received are as follows.
BIDDER AMOUN T MAKE /MODEL BID
Ride Now Powersports $83,257.16 Kawasaki Concours 14P
Kennewick, WA
Fred Cummings Motorsports $96,326.39 Kawasaki ZGI4CCFL
Bakersfield, CA (City)
Powersports of Vallejo, Inc. $96,359.95 Kawasaki ZGI40OCCFL
Vallejo, CA
Long Beach BMW Motorcycles $98,922.14 BMW R120ORT -P
Long Beach, CA
Staff performed a local vendor preference analysis, as the second lowest bidder is a local
firm. Their bid is not within 3% of the low bid in this instance, so the local preference does
not apply.
Funds are available in the Equipment Management Fund for the purchase of four (4)
replacement Police Special Motorcycles for the Police Department.
Staff finds the bid submitted by Ride Now Powersports, Kennewick, WA based on the
Kawasaki Concours 14P model to be acceptable.
Purchasing Division/kb
SAPURCHIADMINWdmin 11- 121Police Special Motorcycles (Re -Bid), 11- 12-81, May 23, 2012.docx
May 15, 2012
MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8, 1.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 10, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Kinco General Contractors, Bakersfield in
the amount of $79,907 for Bathroom Reconstruction at Fire Station No. 7.
(Ward 6)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Invitations to bid were sent to over four hundred (400) contractors for
reconstruction services. Three (3) bids were received in response to the solicitation.
Fire Station No. 7 requires a complete restroom rehabilitation due to age (1966 - 45 years),
water leaks, wall deterioration, antiquated plumbing, and potential mold issues, etc. This
project has been deferred from previous fiscal years and the costs have continued to rise
each year. The project will include removal of all wall surfaces to bare studs and
reconstruction to the original restroom design.
Funds for this project are budgeted in the Capital Outlay Fund and General Fund.
Three (3) bids were received as follows:
BIDDER AMOUNT
Kinco General Contractors $79,907
Bakersfield, CA
Omega Construction $84,000
Bakersfield, CA
Don Kinzel Construction, Inc. $85,140
Bakersfield, CA
Staff finds the low bid submitted by Kinco General Contractors, Bakersfield, to be acceptable
and recommends approval of the contract in the amount of $79,907.
Purchasing DivisionAb
SAPURCHWDMINWdmin 11- 120athroom Reconstruction at Fire Station #7, 11- 12-83, May 23, 2012.docx
BA
p�ywvoR,� S
ADMINISTRATIVE REPORT
„r,.�^
LIFO
MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar
ITEM: S m
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 11, 2012
SUBJECT: State Farm Sports Village - Phase 2 (Ward 6)
APPROVED
DEPARTMENT HEAD 1
CITY ATTORNEY
CITY MANAGER___
1. Accept bid and approve agreement to S.C. Anderson, Inc. ($3,603,000) for
Base Bid and Additive Alternate No. 1 - Construct McKee Road of the Sports
Village Phase 2.
2. Appropriate $430,000 Park Improvement Fund balance within the Park
Improvement Fund to the Public Works Department Capital Improvement
budget (Ward 6).
3. Appropriate $350,000 Wastewater Enterprise Fund Balance to the Public
Works Capital Improvement budget within the Wastewater Enterprise Fund
(Ward 6).
RECOMMENDATION: Staff recommends acceptance of bid, approval of agreement and
appropriations.
BACKGROUND: Staff requested to pull this item from the May 9, 2012 agenda in order to
respond to a bid protest (see attached bid protest submitted by Seals /Biehle, Inc.). Staff
prepared a response to the protest (see attached protest response prepared by City
Attorney's Office). Staff recommends proceeding with the acceptance of bid, approval of
agreement and appropriations.
Bakersfield Sports Village - Phase 1 was constructed in 2010 -11 and operational for the fall of
2011 with eight lighted soccer fields plus a Concession /Maintenance Building and a Restroom
Building. It comprised approximately 30 acres including the soccer fields, parking lots and the
irrigation supply lake with pump station.
State Farm Sports Village - Phase 2 will construct four additional soccer fields and four youth
football fields on approximately 27 acres. Ultimately those football fields will be converted to
soccer fields with the construction of future phases. Incorporated in this Phase 2 is the
extension of the storm drain system to McKee Road. McKee Road will be developed to full
width for the first 800 feet west of Ashe Road with curb and gutters, streetlights and sidewalk
on the south side of McKee Road. A new parking lot mirror imaging the Phase 1 parking lot will
be constructed between the sports fields. A new restroom building is included in this phase as
well as installing an additional irrigation pump at the supply lake. Over 20 acres of sod will be
planted in the sports fields. The irrigation system for Phase 1 is being modified for complete
automatic control as well as new irrigation control system for Phase 2. After acceptance by
G: \GROUPDAT\ADMINRPT\2012 \05 -23 \State Farm Sports Village - Phase 2 - Reissued. Doc
ADMINISTRATIVE REPORT
the City, maintenance will be provided by the American Youth Soccer Organization (AYSO)
and by the Golden Empire Youth Football Association.
Currently, $3,110,000 is appropriated for this project. Staff recommends $430,000 from the Park
Improvement Fund into the Public Works Capital Improvement Budget, and $350,000
appropriation into this project from Wastewater Enterprise Fund to the Public Works Capital
Improvement Budget in order to fully fund the Base Bid and Additive Alternate No. 1. There is
no General Fund impact associated with this appropriation. The Engineer's Estimate was
$4,059,000.
On April 19, 2012, a total of 5 bids were received; 3 of those bids were acceptable. Those
acceptable Base Bid and Additive Alternate No. 1 amounts are as follows:
S.C. Anderson, Inc.
2160 Mars Court
Bakersfield, CA 93308
Kern Pacific Construction
4001 Patton Way # 1
Bakersfield, CA 93308
Base Bid
Additive Alternate No. 1
(County) Total amount of Bid
Base Bid
Additive Alternate No. 1
(County) Total amount of Bid
Griffith Company
1128 Carrier Parkway Ave.
Bakersfield, CA 93308 (County)
$3,345,000
$ 258,000
$3,603,000
$3,694,000
$ 379,000
$3,984,000
Base Bid $3,800,675
Additive Alternate No. 1 $ 310,000
Total amount of Bid $4,110,675
Those unacceptable Base Bid and Additive Alternate No. 1 amounts are as follows:
Seals /Biehle, Inc. Base Bid $3,280,000
9410 W. Placer Ave. Additive Alternate No. 1 $ 320,000
Visalia, CA 93291 Total amount of Bid $3,600,000
The bid was deemed non - responsive as it exceeded the subcontracting limitation of the bid
documents.
JTS Construction Base Bid $3,475,000
7001 McDivitt Dr., Ste B Additive Alternate No. 1 $ 335,000
Bakersfield, CA 93313 (City) Total amount of Bid $3,810,000
The bid was deemed non - responsive as it exceeded the subcontracting limitation of the bid
documents.
(P2K219)
PW /ENGR: TMA
G:\GROUPDAT\ADMINRPT\2012 \05 -23 \State Farm Sports Village - Phase 2 - Reissued. Doc
1 V Bro e
ADMINISTRATIVE REPORT
LI o
MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar
ITEM: n.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
May 16, 2012
APPROVED
DEPARTMENT HEAD .4/5
CITY ATTORNEY
CITY MANAGER
Accept bid and approve contract to Prudential Overall Supply not to exceed
$420,000 for three years of service for industrial laundry service. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Requests for Proposals were sent to over one hundred (100) suppliers for the
Annual Contract for Industrial Laundry Service (includes uniforms, mats, mops and shop towels)
for various City departments. Due to the vendors' initial capital investment costs associated
with this service, the contract is proposed for an initial three (3) year period and shall be
renewable thereafter for an additional three (3) year consecutive period. These terms are
consistent with those of the previous contract for this service.
The contract is for the supply and laundering of uniforms, mats, mops and shop towels. The
successful supplier will provide new uniforms to approximately four hundred (400) employees
for the outset of the contract, and on an ongoing basis to new employees, and subsequently
deliver cleaned work uniforms on a weekly basis throughout the contract.
Five (5) proposals were received in response to solicitation. The attached bid summary
contains both one -time costs and annual rental costs of the various products. The one -time
costs include set -up costs of printing the City logo and name patches, as well as replacement
costs for damaged or lost items. In addition, the replacement cost amounts would also apply
as initial costs to provide uniforms for any additional employees who may begin work over the
next three years. The "unit price" column on the bid summary represents the weekly rental
cost for each product line item. The bid summary considers the full estimated cost for the
three year period for each of the bidders. Staff finds the proposal submitted by Prudential
Overall Supply to be the lowest overall bidder and recommends approval of the contract.
It should also be noted that the line items being considered for the new contract include two
new items, listed as # 10 and # 11, that were not part of the previous contract. The American
National Standards Institute (ANSI) provides ratings that pertain to high visibility safety apparel.
The Occupational Safety and Health Association standards (OSHA,) as well as the Federal
Highway Administration (FWHA) and Cal Trans standards, recommend ANSI rated garments for
employees who work in roadway traffic areas. Therefore, the Streets Division employees, as
well as other groups exposed to road traffic, will be using the new ANSI uniform products.
Purchasing Division/kb
C:\ Users \nsmith\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \EM389W70\AC Industrial Laundry Service May
23 2012 v5 (2) -rev (2).docx
May 16, 2012
ADMINISTRATIVE REPORT
The bid summary information reflects a large variance between the bidders' weekly rental
costs for these new items. However, staff has reviewed the variances and is confident the low
bidder is aware of the variances and will guarantee their bid pricing for all items listed.
Staff is proposing the contract amount of $420,000 to cover both the "base" estimated cost for
the three year period reflected on the bid summary of $335,394.72, as well as a very
conservative contingency for lost /damaged items and other one -time costs that may be
associated with any additional employees added to the uniform count over the next three
years.
Funding for this contract will be from a combination of General Fund, Gas Tax Fund, and
Refuse, Wastewater and Water Enterprise funds. These amounts are included as a component
of the budgets for those City departments which will be utilizing the uniform service.
Purchasing Division /kb
C:\ Users \nsmith\AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.0utlook \EM389W70\AC Industrial Laundry Service May
23 2012 v5 (2) -rev (2).docx
May 16, 2012
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ADMINISTRATIVE REPORT
1
MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar
ITEM: $.O.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul Rojas, Public Works Director
May 9, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER S
Acceptance of 2009 -10 Transportation Development Act Funds Financial
Statements
RECOMMENDATION: Staff recommends acceptance of audit report.
BACKGROUND: Kern Council of Governments (Kern COG) administers Transportation
Development Act (TDA) Funds. TDA funds provide the funding source for the following two City
of Bakersfield funds:
• Bikeway and Pedestrian Fund accounts for projects dedicated to bicycle and pedestrian
facilities and safety.
• Amtrak Operating Fund accounts for maintenance costs for the Bakersfield Amtrak
Station.
Statutes governing the use of TDA funds require annual audits. These statutes include KernCog's
Rules and Regulations, the California Public Utilities Code section 99245, and the California Code
of Regulations section 6664. KernCog contracted with Brown Armstrong Accountancy
Corporation to perform audits of member agencies. The City bears no part of the audit costs.
The attached financial statements for the TDA Funds were prepared for the fiscal year ending
June 30, 2010. The accuracy and the fairness of the presentation is the responsibility of the City.
The audit firm of Brown Armstrong Accountancy Corporation has issued an unqualified opinion.
GI
G:\ GROUPDAT \ADMINRPT\2012 \05- 23 \Transp Dev Act Funds Financial Stm.docx
A
K
ADMINISTRATIVE REPORT
MEETING DATE: May 23, 2012 AGENDA SECTION: Hearings
ITEM: 9. Q.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: May 4, 2012
APPROVED
DEPARTMENT HEAD ��
CITY ATTORNEY 06-
CITY MANAGER
SUBJECT: Public hearing on Resolution of Necessity to determine the public Interest and
necessity for acquisition of certain real property located at State Route 178 at
Morning Drive, Bakersfield, California (APN #434 - 010 -04) by eminent domain
for the new Morning Drive /SR 178 interchange. (Ward 3) (TRIP)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Project: The City of Bakersfield, in cooperation with the California Department of
Transportation District b, is proposing to construct an interchange at State Route 178 and
Morning Drive (the "Project ").
The Property to be Acquired: The property to be acquired is legally described in Exhibit " 1 " to
the attached Resolution of Necessity ( "RON ") and Identified as Kern County Assessor's Parcel
Number 434 - 010 -04 (the "Property "). The Property is generally located In the northeast and
southeast quadrants of the Project as reflected on the maps attached to the RON, Saleh
Hawatmeh owns the Property. The Property Is approximately 45,433 SF in size and is unoccupied
and undeveloped and will not require the relocation of any owners or occupants.
The Process: If the Resolution is adopted, the City will:
1. File an eminent domain action in Kern County seeking a fee simple interest in the
Property,
2. Request that the court grant early possession of the Property; and
3. If necessary, proceed with the eminent domain action through trial to determine any
unresolved issues, including just compensation.
Throughout the process, the City will remain open to an informal resolution of the matter without
the need for litigation.
All required statutory findings have been made and are set forth in the RON.
VG:vl
S: \COUNCIL \Admins\ 11 -12 Admins \RON Admin - Hawatmeh.Docx -May 2, 2012
MEETING DATE: May 23, 2012 AGENDA SECTION: Hearings
ITEM: 4-b.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: May 3, 2012
APPROVED
DEPARTMENT HEAD l/G
CITY ATTORNEY yG
CITY MANAGER AS _
SUBJECT: Public hearing on Resolution of Necessity to determine the public interest and
necessity for acquisition of certain real property located at State Route 178 at
Morning Drive, Bakersfield, California (APN # 434 - 010 -06) by eminent domain
for the new Morning Drive /SR 178 interchange. (Ward 3) (TRIP)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Protect: The City of Bakersfield, in cooperation with the California Department of
Transportation District 6, is proposing to construct an interchange at State Route 178 and
Morning Drive (the "Project ").
The Prooertv to be Acauired: The property to be acquired is legally described in Exhibit "1" to
the attached Resolution of Necessity ( "RON ") and identified as Kern County Assessor's Parcel
Number 434 - 010 -06 (the "Property "). The Property is generally located in the southwest
quadrant of the Project as reflected on the maps attached to the RON. Marvin and Shirley Hort
( "Hort Trust ") owns an undivided 1/2 % interest in the Property. The Property is approximately
18,426 square feet in size, of which the Project would need 1,073 square feet, is unoccupied
and undeveloped, and will not require the relocation of any owners or occupants.
The Process: If the Resolution is adopted, the City will:
1. File an eminent domain action in Kern County seeking a fee simple interest in the
Property;
2. Request that the court grant early possession of the Property; and
3. If necessary, proceed with the eminent domain action through trial to determine any
unresolved issues, including just compensation.
Throughout the process, the City will remain open to an informal resolution of the matter without
the need for litigation.
All required statutory findings have been made and are set forth in the RON.
JHR :dll S: \COUNCIL \Admins \11 -12 Admins\RON Admin Hort Trust.] 78&Morning.Docx
A
,
ADMINISTRATIVE REPORT
MEETING DATE: May 23, 2012 AGENDA SECTION: Hearings
ITEM: q. C
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: May 4, 2012
APPROVED
DEPARTMENT HEAD Ve°
CITY ATTORNEY
CITY MANAGER
"g
SUBJECT: Public hearing on Resolution of Necessity to determine the public Interest and
necessity for acquisition of certain real property located at State Route 178 at
Morning Drive, Bakersfield, California (APN #434-010-16) by eminent domain
for the new Morning Drive /SR 178 Interchange. (Ward 3) (TRIP)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Project: The City of Bakersfield, In cooperation with the California Department of
Transportation District 6, Is proposing to construct an interchange at State Route 178 and
Morning Drive (the "Project ").
The Property to be Acquired: The property to be acquired is legally described in Exhibit "1 " to
the attached Resolution of Necessity ( "RON ") and Identified as Kern County Assessor's Parcel
Number 434 - 010 -16 (the "Property "). The Property Is generally located in the northeast and
southeast quadrants of the Project as reflected on the maps attached to the RON. Anthony &
Carol Evans and Ken and Sylvia Koss own the Property. The Property is approximately 2.824
acres in size and is unoccupied and undeveloped and will not require the relocation of any
owners or occupants.
The Process: If the Resolution is adopted, the City will:
1. File an eminent domain action in Kern County seeking a fee simple Interest in the
Property;
2. Request that the court grant early possession of the Property; and
3. If necessary, proceed with the eminent domain action through trial to determine any
unresolved issues, including just compensation.
Throughout the process, the City will remain open to an Informal resolution of the matter without
the need for litigation.
All required statutory findings have been made and are set forth in the RON.
VGM
S: \COUNCIL \Admins\ 11 -12 Admins \RON Admin - Evans.Docx -May 2, 2012
MEETING DATE: May 23, 2012 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD X
DATE: May 2, 2012 CITY ATTORNEY tle�r
CITY MANAGER
SUBJECT: Public hearing on Resolution of Necessity ( "RON ") to determine the public
interest and necessity for acquisition of certain real property located at State
Route 178 and Morning Drive, Bakersfield California (APN #s 531 - 011 -07 and
533 - 010 -19, previously known as APN #s 533 - 010 -27 and 533 - 010 -28) by
eminent domain for a new interchange at State Route 178 and Morning
Drive. (Ward 3) (TRIP)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Project: The City of Bakersfield, in cooperation with the California Department of
Transportation (Caltrans) District 6, is proposing to construct an interchange at State Route 178
and Morning Drive (the "Project ").
The Property to be Acauired: The property proposed to be acquired is legally described in
Exhibit "'I" to the attached Resolution of Necessity ( "RON ") and identified as Kern County
Assessor's Parcel Numbers 531- 011 -07 & 531 - 011 -19 (previously known as APN's 531 - 010 -27 and
531 - 010- 28) (the "Property "). The Property is generally located in the northeast quadrant of the
Project as reflected on the maps attached to the RON. S&J Alfaffa Inc., are the owners of the
Property. The Property is approximately 25.93 acres in size, of which the Project would need
8.677 acres, is unoccupied and undeveloped, and will not require the relocation of any owners
or occupants.
The Process: If the Resolution is adopted, the City will:
1. File an eminent domain action in Kern County seeking a fee simple interest in the
Property;
2. Request that the court grant early possession of the Property; and
3. If necessary, proceed with the eminent domain action through trial to determine any
unresolved issues, including just compensation.
Throughout the process, the City will remain open to an informal resolution of the matter without
the need for litigation.
All required statutory findings have been made and are set forth in the RON.
Rl:dll S: \COUNCIL \Admins \11 -12 Admins \RON Admin.S&J. Alfalfa. North.Docx
MEETING DATE: May 23, 2012 AGENDA SECTION: Hearings
ITEM: Q. e.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD i%
DATE: May 3, 2012
CITY ATTORNEY VG
CITY MANAGER R-,�
SUBJECT: Public hearing on Resolution of Necessity ( "RON ") to determine the public
interest and necessity for acquisition of certain real property located at State
Route 178 and Morning Drive, Bakersfield California (APN #s533- 011 -18 thru 28)
by eminent domain for a new interchange at State Route 178 and Morning
Drive. (Ward 3) (TRIP)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Proiect: The City of Bakersfield, in cooperation with the California Department of
Transportation (Caltrans) District 6, is proposing to construct an interchange at State Route 178
and Morning Drive (the "Project ").
The ProRertY to be Acquired: The property proposed to be acquired is legally described in
Exhibit "1" to the attached Resolution of Necessity ( "RON ") and identified as Kern County
Assessor's Parcel Numbers 533 - 011 -18 thru 28 (the "Property "). The Property is generally located
in the southwest quadrant of the Project as reflected on the maps attached to the RON. S&J
Alfalfa Inc., are the owners of the Property. The Property is approximately 289.75 acres in size, of
which the Project would need 13.41 acres, is unoccupied and undeveloped, and will not
require the relocation of any owners or occupants.
The Process: If the Resolution is adopted, the City will:
1. File an eminent domain action in Kern County seeking a fee simple interest in the
Property;
2. Request that the court grant early possession of the Property; and
3. If necessary, proceed with the eminent domain action through trial to determine any
unresolved issues, including just compensation.
Throughout the process, the City will remain open to an informal resolution of the matter without
the need for litigation.
All required statutory findings have been made and are set forth in the RON.
R1:d11 S: \COUNCIL \Admins \11 -12 Admins \RON Admin.S&J.Alfalfa.South.Docx
A
ADMINISTRATIVE REPORT
MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar - Hearings
ITEM: q. f
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jim Eggert, Planning Director
April 23, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
General Plan Circulation Element Amendment No. 12 -0084. (Wards 1 -7)
The City of Bakersfield proposes a text amendment to the Circulation Element of
the Metropolitan Bakersfield General Plan relating to Freeways.
1. Resolution approving the general plan amendment to change the text of
the Circulation Element of the Metropolitan Bakersfield General Plan
relating to Freeways as depicted in Exhibit A.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the proposed text amendment to the
Circulation Element of the General Plan.
BACKGROUND:
This proposal constitutes a minor revision to the existing Circulation Element text. The
modification applies to the Freeways subsection and does not modify or add additional
freeway alignments to the existing Circulation Map. The new text clarifies the future freeway
routes, which consists of the Central System, (includes the SR 58 Gap Project, Centennial
Corridor and the Westside Parkway); West Beltway; North Beltway; and South Beltway.
Eventually, these projects will be constructed and joined to complete a circulation system
throughout the Metropolitan Bakersfield area.
The Planning Commission conducted a public hearing regarding this General Plan
Amendment on April 19, 2012, and recommended approval to the City Council. No one
spoke in opposition to the proposal.
Staff found that there was no possibility that the text change would have a significant
environmental impact; therefore, a Notice of Exemption was prepared in accordance with
CEQA.
JE:mo \ \S: \GPAs \GPA 12 -0084 Cir Amend TRIP Beltway System \Admin SR \Admin Report May 23, 2012.doc
MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar - Hearings
ITEM: q� .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jim Eggert, Planning Director
April 13, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY c
CITY MANAGER
General Plan Amendment /Zone Change 12 -0023 (Ward 1)
The City of Bakersfield proposes a general plan amendment and zone change
on City -owned property encompassing 40 acres located approximately one -
half mile south of East Panama Lane along the east side of Cottonwood Road.
Resolution approving the general plan amendment changing the land
use designation from HMR (High Medium Density Residential) to R -IA
(Resource - Intensive Agriculture).
2. First reading of ordinance amending Title 17 of the Municipal Code by
changing the zone district from PUD (Planned Unit Development) to A
(Agriculture).
RECOMMENDATION:
Staff recommends adoption of a resolution approving the proposed general plan amendment
and first reading of the ordinance.
BACKGROUND:
The proposed amendment will return City -owned property back to agricultural land use and
zoning, which is the current and future use of the property. The property is part of the City's
farm land where dried sewer sludge from Wastewater Treatment Plant No. 2 is spread. Crops
are restricted to those for non -human consumption, which is currently alfalfa, hay, and cotton.
The City owns a total of 5,000 acres located just south of the treatment plant.
The site is currently designated and zoned for high- medium residential, and is entitled with a
planned unit development plan (Tract map 6835) for 365 single family residential lots. The City -
own property was changed to urban use because it was part of a potential trade agreement
between the City and Mr. Mel Heinemann. However, the agreement between the City and
Mr. Heinemann never came to fruition. The City does not intend to develop the property. All
land immediately surrounding the project site is agriculture or rural use. The single family use to
the north has an approved Tract Map 6862 that is being annexed into the City.
ADMINISTRATIVE REPORT
Page 2
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on March 15, 2012, and recommended approval to the City
Council. No one spoke in opposition to the request.
Staff determined that the project would not have a significant effect on the environment.
Therefore, a Notice of Exemption was prepared, in accordance with CEQA.
CG - S: \GPAs \GPA 1 st 2012 \12 - 0023 \CC 1sT read.doc
MEETING DATE: May 23, 2012 AGENDA SECTION: Consent Calendar - Hearings
ITEM: C1.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jim Eggert, Planning Director
April 23, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY 14�
CITY MANAGER.__
General Plan Amendment /Zone Change 11 -0418 (Ward 6)
McIntosh & Associates, representing JEC Panama, LLC, the property owners, has
proposed a general plan amendment and zone change on 9.88 acres located
at the northeast corner of Panama Lane and Ashe Road.
Resolution approving the Negative Declaration and adopting the general
plan amendment changing the land use designation from HMR (High
Medium Density Residential) to GC (General Commercial).
2. First reading of ordinance approving the Negative Declaration and
amending Title 17 of the Municipal Code by changing the zone district
from R -2 /PUD (Limited Multiple Family Dwelling /Planned Unit Development)
to C -2 /PCD (Regional Commercial /Planned Commercial Development).
RECOMMENDATION:
Staff recommends adoption of a resolution approving a Negative Declaration, approving the
proposed general plan amendment, and first reading of the ordinance.
BACKGROUND:
The proposed project is located at the northeast corner of Panama Lane and Ashe Road. The
property owner is proposing to change the land use designation to general commercial and
zoning to regional commercial with a planned commercial development overlay for
development of a 91,300 square foot commercial retail center. The surrounding area includes
single family housing to the north, east and west. Property to the south includes a partially -
developed housing tract.
The Planning Commission approved the preliminary site plan for this facility at the March 15,
2012 meeting. It is anticipated that the project will be constructed in a single phase. The
development will include two stand -alone retail buildings (26,756 square feet), one multi- tenant
retail building (56,830 square feet) and two fast -food pads with drive - through lanes (7,720
square feet). Conditions include development standards typical of any commercial project
including street frontage improvements along Panama Lane and Ashe Road, and a
landscaping area with 24 -inch box evergreen trees to screen adjacent residentially zoned
properties. This project is also subject to design standards set forth in Section 17.08.140 (Design
ADMINISTRATIVE REPORT Page 2
Standards for Large Retail Development), which regulates building design, entryways, parking
lot design, pedestrian circulation, central features, community space, and delivery/ loading/
solid waste operations.
The Planning Commission conducted a public hearing regarding this General Plan Amendment
and Zone Change on March 15, 2012, and recommended approval to the City Council. There
were no individuals or agencies at the hearing that opposed the request.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on February 22, 2012, in accordance with CEQA.
Various studies were conducted as part of the environmental review. These included traffic, air
quality, greenhouse gas emissions and cultural resources. As a result of those studies,
associated mitigation measures are proposed as conditions of approval for this item. The
applicant has agreed to all conditions and mitigation for the project.
Attachment:
Attachment A: PD Review No. 11 -0417 - Approved Site Plan
DL: \\ S: \GPAs \GPA 1st 2012 \11 -0418 & PD review 11- 0417 \AdminSR \CC 1st read.doc
MEETING DATE: May 23, 2012 AGENDA SECTION: Successor Agency
[ITEM: a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
May 11, 2012
APPROVED
DEPARTMENT HEAD
11-1 CITY ATTORNEY Q�
CITY MANAGER /�
Receive and file successor agency payments from April 27, 2012 to May 10,
2012 in the amount of $203,569.59.
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2012\ADMIN —SA 05- 23- 12.doc
MEETING DATE: May 23, 2012 AGENDA SECTION: Successor Agency
ITEM: 10. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L, Kunz, Economic Development Director
May 16, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Loan reauthorizations between the City of Bakersfield and the Successor Agency
to the former and dissolved Bakersfield Redevelopment Agency,
1) Agreement between the Successor Agency and the City to Re -enter and
Restate Reimbursement Agreement #09-128 for two loans from the City to the
Redevelopment Agency,
2) Agreement between the Successor Agency and the City to Re -enter and
Restate Reimbursement Agreement # 10 -112 from the City to the
Redevelopment Agency.
RECOMMENDATION:
Staff recommends approval of the reimbursement agreements to re -enter and restate the loans,
BACKGROUND:
The City Council on January 11, 2012, adopted Resolution No. 010 -12 pursuant to a provision of
AB1x26, in which the City, became the "Successor Agency" to its dissolved Redevelopment
Agency and is now charged with the responsibility of winding up the affairs of the Bakersfield
Redevelopment Agency, The process requires the successor Agency to submit to the Oversight
Board and State Department of Finance (DOF) a schedule of its outstanding obligations, referred
to as the BOPS,
The Oversight Board approved a Recognized Obligation Payment Schedule (BOPS) for the
period January 1, 2012 through June 30, 2012 at its April 9, 2012 meeting. This adopted
schedule was provided to the DOF, the State Controllers' Office and the Kern County Auditor
Controllers Office on April 9, 2012, in accordance with the guidelines of AB1 x26. At the time of
adoption, the Oversight Board was informed that certain items listed on the schedule were still
under review by the DOF.
On April 20, 2012, the Successor Agency received the attached correspondence from the
DOF challenging certain items listed on the BOPS and requesting the BOPS be amended
accordingly and returned to the Oversight Board for reconsideration.
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ADMINISTRATIVE REPORT
Page 2
On May 1, 2012 staff responded to the DOF with the attached correspondence, providing
additional details to support our original position on the HUD Section 108 loans and asking for
clarification regarding the DOF comments on Housing Set Aside transactions. Staff initially
agreed to remove the interagency loans from the BOPS with the understanding that, if
pending legislation is approved, the loans would be reinstated on a future BOPS schedule as
enforceable obligations, However, further clarification was recently received from
communications between the DOF and the League of California Cities regarding procedural
appeals of interagency loan agreements. This new information has caused staff to renew our
challenge to reconsider the interagency loans as enforceable obligations.
As of the date this administrative report was prepared, we have not received any further
response or communication from the DOF. We firmly believe the HUD Section 108 loans and
interagency loans are, in fact, Enforceable Obligations and we have left them on the
amended BOPS. Staff will update the Oversight Board of any further communication received
from the DOF up to the date of the Board meeting.
The guidance information received from the League also indicated that Health and Safety Code
Sections 34178(a) and 34180(h) under ABlx26 allows for a second type of agreement between a
successor agency and the city. A successor agency may request approval from its oversight
board to re -enter into an agreement with the city that created it and allows an oversight board
to approve it. The guidance information also indicates that the Department of Finance hopes to
address all of the appeals for items contested on BOPS that were due in April and again in mid -
May, no later than May 25, 2012,
Staff is hopeful that the contested HUD Section 108 loans and the interagency loans listed above
will be approved after review of the additional documentation by DOF, however, it is prudent as
a secondary measure to re -enter into new agreements between the Successor Agency and the
City for the balance due on these interagency loans, treat them as new agreements and include
them on our BOPS in the event we are not successful with our appeal with DOF.
Loan Details:
A loan was created between the City and the Bakersfield Redevelopment Agency in
October 2009 under Agreement # 09 -128 from the City's Equipment Fund in the amount for
$2,000,000 for the construction and development of affordable housing for the 19th Street
Senior Project. This residential project is an integral part of the Mill Creek Project and the
units being created were components for calculation in the amount of the financial
award for the Prop1C Infrastructure grant for $10.8 million dollars. The loan has a current
principal balance of $1,342,459, with annual payments of $350,000 and the final payment
due July 1, 2016.
2. A loan was created between the City and the Bakersfield Redevelopment Agency in
October 2009 under Agreement #09 -128 from the City's Self Insurance Fund in the amount
of $1,500,000 for the construction and development of the Courtyard Affordable Housing
Project, This residential project is an integral part of the Mill Creek Plan and the units being
created were components for calculation in the amount of the financial award for the
Prop1C Infrastructure grant for $10.8 million dollars. The loan has a current principal
S: \Admins \City Council \Clty Council Admins 2012\ Interagency Loans- Successor Agency (5)- Rev.doc
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ADMINISTRATIVE REPORT
Page 3
balance of $1,122,121, with annual payments of $257,000 and the final payment due
December 1, 2016.
3. A loan was created between the City and the Bakersfield Redevelopment Agency in
August 2010 under Agreement # 10 -112 from the City's Equipment Fund in the amount of
$950,000 for the purchase of a 1.95 linear land strip and easement required for the
Chelsea Affordable Housing Development. The 70 unit Chelsea Affordable Family Housing
Project located in the South Mill Creek was the "Qualifying Infill Housing Development"
necessary to qualify and receive the Propl C Infrastructure grant for $10.8 million dollars.
The project is complete, Silver Leed certified and 100% occupied. The loan has a current
principal balance of $760,000, with annual payments of $204,25.0 and the final payment
due August 20, 2015.
Staff requests approval of the new reimbursement agreements for the three loans, as described
above.
S: \Admins \City Council \City Council Admins 2012\ Interagency Loans- Successor Agency (5)- Rev.doc
5/16/2012 2:31 PM
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ADMINISTRATIVE REPORT
Ry I,®
cALIFO
MEETING DATE: May 23, 2012 AGENDA SECTION: Reports
ITEM: (?j,a.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: May 14, 2012
SUBJECT: Department Budget Presentations
1. Police Department
2. Fire Department
DEPARTMENT HEAD.
CITY ATTORNEY,
CITY MANAGER
APPROVED
BACKGROUND: Police Department and Fire Department staff will provide a detailed overview
of their FY 2012 -13 proposed operating budgets. The budget overview will include discussion
regarding the goals, accomplishments, and significant budget changes for the respective
departments.
AT:ch:al
5/14/12
S: \12- 13BUDPRO \Budget Admins, Resos \Budget Presentation 05.23.12 - PD, FD.docx
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 9, 2012
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
ROLL CALL
Present: Mayor Hall, Vice -Mayor Couch,
Councilmembers Salas, Benham, Weir,
Hanson, Sullivan Johnson
Absent: None
City Clerk Gafford announced staff has requested that
Consent Calendar Item 8.x. be pulled from the Agenda.
2. INVOCATION by Senior Pastor Kent Peterson, Olive
Knolls Church.
3. PLEDGE OF ALLEGIANCE by Grant Trembush, 6th grade
student at Stockdale Christian School.
Mayor Hall acknowledged the students from the CSUB
Communications class and the Ridgeview High School
Government class in attendance at the meeting to learn
about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Chuck Waide, declaring May 6-12,2012, Public
Service Recognition Week.
Guy Bowers, with the City of Bakersfield Public
Works Department, accepted the Proclamation
and made comments.
b. Presentation by Mayor Hall of a Proclamation to
Omar Macias, declaring May, 2012, Motorcycle
Awareness Month.
Mr. Macias accepted the Proclamation and
made comments.
ACTION TAKEN
Bakersfield, California, May 9, 2012 — Page 2
4. PRESENTATIONS continued ACTION TAKEN
C. Presentation by Mayor Hall of a Proclamation to
Zachary Griffin, declaring May, 2012, Bike
Month and May 18, 2012, as Bike to Work Day.
Mr. Griffin accepted the Proclamation and
made comments.
Mayor Hall acknowledged Boy Scout Troop 47 in attendance
at the meeting and thanked them for providing the fill -in for
the Pledge of Allegiance.
5. PUBLIC STATEMENTS
a. Convention and Visitors Bureau Manager
Lyman spoke regarding the Amgen Tour of
California, taking place on Thursday, May 17th,
acknowledged the efforts of all those
responsible for bringing this event back to
Bakersfield, and invited everyone to come out
to the event at Bakersfield College.
b. Jay Rosenlieb, with the Bakersfield Sports
Foundation, spoke regarding the Amgen Tour
of California.
C. Bob Smith, with Bike Bakersfield, spoke
regarding Bike Month.
6. WORKSHOPS
a. Presentation of the Proposed FY 2012 -13
Budget.
City Manager Tandy made staff comments and
provided a PowerPoint presentation.
Administrative Analyst Huot presented the financial
overview and provided a PowerPoint presentation.
City Manager Tandy made additional comments.
In response to a question by Vice -Mayor Couch, City
Manager Tandy advised that staff is exploring its
options regarding alternative means for providing
animal control services and expect to report back to
Council in the next few months.
Vice Mayor Couch asked staff to provide a
breakdown of the resurfacing projects.
Bakersfield, California, May 9, 2012 — Page 3
7. APPOINTMENTS ACTION TAKEN
a. One appointment of an Alternate Member to
the Keep Bakersfield Beautiful Committee, due
to the resignation of Christopher Clark (Mayoral
appointment) whose term was to expire
January, 2013.
City Clerk Gafford announced one application
was received from Susan Stussy.
Mayor Hall nominated Susan Stussy.
Motion by Vice -Mayor Couch to appoint Susan Stussy APPROVED
as an Alternate Member on the Keep Bakersfield
Beautiful Committee, to fill the unexpired term which
expires in January, 2013.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 18, 2012
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
April 6, 2012 to April 26, 2012 in the amount of
$23,059,542.07 and self- insurance payments
from April 6, 2012 to April 26, 2012 in the amount
of $365,962.77, totaling $23,425,504.84.
Ordinances:
C. Adoption of the following Ordinances (FR
04118112):
Ordinance Amending Section 1.01.010 ORD 4665
relating to change in Bakersfield Municipal
Code publisher.
2. Ordinance Amending Section 2.28.040 ORD 4666
relating to elimination of mandatory
Planning Commission Meetings.
3. Ordinance Amending Section 2.28.090 ORD 4667
relating to Board Appointments to Board of
Zoning Adjustment.
4. Ordinance Amending Section 2.72.250, ORD 4668
Subsection F, relating to mandatory
retirement ages.
8.
Bakersfield, California, May 9, 2012 — Page 4
CONSENT CALENDAR continued ACTION TAKEN
Item 8.c. continued
5.
Ordinance Amending Section 2.84.050
ORD 4669
relating to elimination of outdated
incentive credit for solid waste employees.
6.
Ordinance Amending Section 2.88.020,
ORD 4670
Subsection A, relating to salaries while
absent due to injury related to employee's
course of duties.
7.
Ordinance Amending Section 8.32.020
ORD 4671
relating to refuse /solid waste /recycling
definitions.
8.
Ordinance Amending Section 8.32.060,
ORD 4672
Subsection B, relating to refuse /solid
waste /recycling collection of charges.
9.
Ordinance Amending Section 8.44.070
ORD 4673
relating to penalties for fireworks violations.
10.
Ordinance Amending Section 15.66.030,
ORD 4674
Subsection C, relating to conditional use
permits for oil wells.
11.
Ordinance Amending Section 15.84.055
ORD 4675
relating to reduction or waiver for Low -
Income Housing Projects.
12.
Ordinance Deleting Section 16.16.1 10
ORD 4676
relating to approval of development
entitlement, adding Section 16.12.075
relating to approval of maps, and adding
Section 17.08.210 relating to approval of
development entitlement.
13.
Ordinance Amending Section 16.32.020
ORD 4677
relating to security for improvement
agreements.
14.
Ordinance Amending Section 16.32.040
ORD 4678
relating to amount of security for
improvement agreements.
15.
Ordinance Amending Section 17.04.545
ORD 4679
relating to setbacks.
16.
Ordinance Amending Section 17.08.130
ORD 4680
relating to accessory buildings and
structures.
8.
Bakersfield, California, May 9, 2012 - Page 5
CONSENT CALENDAR continued
Item 8.c. continued
17. Ordinance Amending Section 17.64.060,
Subsection F, relating to conditional use
permits - termination of rights.
Resolutions:
d. Resolution confirming approval by the City
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City for
which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and authorize
collection of the assessments by the Kern
County Tax Collector.
e. Resolution approving an application to the Kern
County Local Agency Formation
Commission to annex to and detach from the
City's various segments of the right -of -way of
7'h Standard Road between State Route 99 and
Santa Fe Way (Annexation No. 633).
f. Resolution authorizing the Bakersfield Police
Department to apply for the Edward Byrne
Memorial Justice Assistance Grant ($160,568)
from the U.S. Department of Justice to establish
a Citizen Volunteer Unit within the BPD.
g. Amendment Not. to Resolution No. 069 -11,
adopting for the Hooper Avenue and Kimberly
Avenue Planned Sewer Area and making
findings relative thereto.
h. Resolution of Intention No. 1710 to add territory,
Area 1 -90 (4850 Commerce Drive) to the
Consolidated Maintenance District and
preliminarily approving, confirming, and
adopting the Public Works Director's Report.
Agreements:
Agreement with Brown Armstrong
Accountancy Corporation ($56,000) for a full
scope annual audit of the 2011-12 fiscal year.
(Budget & Finance Committee recommends
approval of agreement.)
ACTION TAKEN
ORD 4681
RES 032 -12
RES 033 -12
RES 034 -12
REMOVED FOR
SEPARATE
CONSIDERATION
ROI 1710
AGR 12 -054
Bakersfield, California, May 9, 2012 — Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Agreement with the Kern County
Superintendent of Schools (KCSOS) ($87,848) to
expand the Safe Community Partnership
Strategy, consistent with the requirements set
forth by CalEMA for the 2009 & 2011 Project
Safe Neighborhoods grant.
Agreement with The Segal Company (not to
exceed $92,000 in 2012 -13, $93,500 in 2013 -14,
$95,000 in 2014 -15 and $96,500 in 2015 -16) for
Health Care Consulting. (Personnel Committee
recommends approval of agreement.)
Agreement with Geocon Consultant Inc. (not
to exceed $84,750), for groundwater sampling
and reporting to comply with discharge permits
issued by the California State Water Resources
Control Board for Wastewater Treatment Plants
No. 2 and 3.
M. Agreement with Bolthouse Properties, LLC
($83,000), to purchase real property located
east of Allen Road and south of Ming Avenue
for a domestic water well site.
n. Amendment No. 1 to Agreement No. WRl 1 -008
with Quad Knopf, Inc. ($35,000; revised not to
exceed $95,000), to provide environmental,
biological and planning services.
o. Amendments for additional On -Call Civil
Engineering Services:
1. Amendment No. 1 to Agreement
No. 10 -086 with AECOM Technical
Services, Inc. ($100,000; revised not to
exceed $400,000).
2. Amendment No. 1 to Agreement
No. 10 -087 with Meyers Civil Engineering,
Inc. ($100,000; revised not to exceed
$400,000) .
3. Amendment No. 1 to Agreement
No. 10 -088 with Ruettgers & Schuler Civil
Engineers ($100,000; revised not to
exceed $400,000).
AGR 12 -055
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 12 -057
AGR 12 -058
AGR 12 -059
AGR 10- 086(1)
AGR 10- 087(1)
AGR 10- 088(1)
8.
Bakersfield, California, May 9, 2012 — Page 7
CONSENT CALENDAR continued ACTION TAKEN
p. Amendment No. 2 to Agreement 07 -222 with AGR 07- 222(2)
HNTB Corporation ($113,991; revised not to
exceed $4,459,548) for engineering design
services for the Rosedale Highway Widening
Project. (TRIP)
q. Contract Change Order Nos. 24 and 32 to AGR 09 -076
Agreement No. 09 -076 with Security Paving CCO24, CC032
Company, Inc. ($125,494.13: revised not to
exceed $87,366,127.07), for the construction of
the Westside Parkway Phase 2 Project. (TRIP)
Bids:
r. Accept bid from Lehr Auto Electric
($186,646.88) for fifty Panasonic Toughbook
laptops for various City departments.
S. Accept bid and approve contract with Courts AGR 12 -060
and Greens ($78,151) for the Tennis Courts
Resurfacing Project -2012.
t. Accept bid and approve contract with AGR 12 -061
Bowman Asphalt, Inc. (not to exceed
$1,000,000), for the annual contract to provide
and apply asphalt rejuvenator and sealant.
U. Masonry Block Wall Project at Fire Station No. 1:
1. Accept bid and approve contract AGR 12 -062
with On Grade Contracting, Inc.
($69,400), for the project.
2. Transfer $51,400 savings from various Fire
Department Capital Improvement
Projects within the Capital Outlay Fund
for the project.
V. Accept bid and approve contract with Elite AGR 12 -063
Painting & Wallcovering, Inc. ($44,950), for
repainting the Bright House Networks
Amphitheatre.
W. Construction on State Route 184 at Bedford
Green Drive:
1. Accept bid and approve contract AGR 12 -064
with Granite Construction Company
($785,570) for the project.
Bakersfield, California, May 9, 2012 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.w. continued
2. Appropriate $943,000 Caltrans share of
project to the Public Works Department's
Capital Improvement Budget within the
Gas Tax Fund.
X. State Farm Sports Village - Phase 2 Project: REMOVED BY STAFF
1. Accept bid and approve contract with
S.C. Anderson, Inc. ($3,603,000), for base
bid and additive alternate No. 1 -
construct McKee Road of the Project.
2. Appropriate $430,000 Park Improvement
Fund balance within the Park
Improvement Fund to the Public Works
Department Capital Improvement
Budget.
3. Appropriate $350,000 Wastewater
Enterprise Fund balance to the Public
Works Capital Improvement budget
within the Wastewater Enterprise Fund.
Miscellaneous:
Y. Appropriate $132,548 State Grant Revenues
(Project Safe Neighborhoods Grant from the
Office of Emergency Services) to the General
Fund Police Operating Budget, for the
expansion of the Safe Community Partnership
Strategy to reduce gang violence.
Z. Department of Housing & Urban Development
(HUD) FY 1 1 -12 Action Plan Amendment No. 1
for the second allocation of Emergency
Solutions Grant (HESG) funding.
Successor Agency Business:
aa. Receive and file Successor Agency payments
from April 6, 2012 to April 26, 2012 in the
amount of $441,745.64.
bb. Amendment No. 2 to Agreement No. 08 -044 AGR 08- 044(2)
with Meyer Civil Engineering, Inc. ($44,000;
revised not to exceed $672,330), to provide
additional design consultant services for the Mill
Creek Linear Park Project.
Bakersfield, California, May 9, 2012 — Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
Vice -Mayor Couch announced that Councilmember
Johnson had asked that item 8.k. be removed for
separate consideration.
Vice -Mayor Couch asked that item 8.g. be removed
for separate consideration.
Motion by Vice -Mayor Couch to adopt Consent
Calendar items 8.a. through 8.bb., with the deletion of
item 8.x., and the removal of items 8.g. and 8.k. for
separate consideration.
g. Amendment Not. to Resolution No. 069 -11,
adopting for the Hooper Avenue and Kimberly
Avenue Planned Sewer Area and making
findings relative thereto.
At the request of Vice -Mayor Couch, City Manager
Tandy provided clarification on this item.
Motion by Vice -Mayor Couch to adopt Consent
Calendar item 8.g.
Agreement with The Segal Company (not to
exceed $92,000 in 2012 -13, $93,500 in 2013 -14,
$95,000 in 2014 -15 and $96,500 in 2015 -16) for
Health Care Consulting. (Personnel Committee
recommends approval of agreement.)
Councilmember Johnson proposed that, instead of a
four -year contract with the Segal Company, to have a
one -year contract with an option for another year,
then an option for another year, and an option for
another year, to get to the 4 years.
Councilmember Hanson indicated he is comfortable
with the recommendation of the Personnel
Committee.
Councilmember Benham announced she would
abstain due to conflict of interest, possible source of
income to her employer, on item 8.k.
In response to a question by Councilmember Johnson,
City Manager Tandy advised that in a normal time it
would take three months to do an RFP; and if we were
on an accelerated schedule, it could probably be
done in six weeks.
APPROVED
RES 069 -11(1)
APPROVED
AGR 12 -056
8.
9.
Bakersfield, California, May 9, 2012 — Page 10
CONSENT CALENDAR continued
ACTION TAKEN
Item 8.k. continued
Motion by Councllmember Johnson to approve the
APPROVED
NOES WEIR,
agreement with a three-year renewal, as In the last
9 Y
HANSON,SULLIVAN
contract, with a one -year option similar to the
ABS BENHAM
agreement passed in 2008.
MAYOR VOTED AYE
Due to tie vote, Mayor Hall voted.
CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution ordering RES 035 -12
the vacation of Eye Street between 8t" & 9t"
streets and attached alleys. (Staff recommends
adoption of resolution.)
b. Public Hearing to consider Resolution ordering RES 036 -12
the vacation of a portion of street right -of -way
on Valley Falls Lane, and easements for
landscape, wall and utility areas on Berkshire
Road, in Tract 6359 -2. (Staff recommends
adoption of resolution.)
Consent Calendar Public Hearings opened at
6:28 p.m.
No one spoke.
Consent Calendar Public Hearings closed at
6:29 p.m.
Motion by Vice -Mayor Couch to adopt Consent APPROVED
Calendar Public Hearings items 9.a. and 9.b.
10. HEARINGS
None.
11.
CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b) (3) (A) of Government Code Section 54956.9
(four matters).
Motion by Vice -Mayor Couch to adjourn to Closed APPROVED
Session at 6:30 p.m.
Motion by Councllmember Weir to adjourn from APPROVED
Closed Session at 8:12 p.m.
RECONVENED MEETING AT 8:18 p.m.
12.
13.
Bakersfield, California, May 9, 2012 — Page 11
CLOSED SESSION ACTION ACTION TAKEN
a. Conference with Legal Counsel - Potential NO REPORTABLE
Litigation; Closed Session pursuant to subdivision ACTION
(b) (3) (A) of Government Code Section 54956.9
(four matters).
REPORTS
a. Department Budget Presentations:
1. General Government
Administrative Analyst Huot made staff
comments and provided a PowerPoint
presentation.
Councilmember Johnson requested that copies
of the PowerPoint presentations be provided to
the Council.
Administrative Analyst Huot advised that the
PowerPoints will also be available on the City's
website as of tomorrow.
2. Financial Services
Finance Director Smith made staff comments
and provided a PowerPoint presentation.
Councilmember Weir requested that an
estimated cost of the 38 new positions be
provided to the Council.
14. DEFERRED BUSINESS
None.
15.
NEW BUSINESS
a. Budget and Finance Committee Report
regarding FY 12/13 Community Development
Block Grant (CDBG - $3,014,770), HOME
Investment Partnership (HOME - $1,056,992),
and Emergency Shelter Grant (ESG - $262,778)
Annual Action Plan submittal (Total -
$4,334,540) .
Economic Development Director Kunz made staff
comments and introduced Associate Planner Ryan
Bland, who is the Program Manager for the Block
Grant Program.
15.
Bakersfield, California, May 9, 2012 — Page 12
NEW BUSINESS continued ACTION TAKEN
Item 15.a. continued
Motion by Councilmember Johnson to accept the APPROVED
report, and authorize the City Manager to execute the
necessary HUD documents required to submit the
Annual Action Plan.
b. Accept bid and approve contract with DOD AGR 12 -065
Construction ($339,809.02) for sidewalks, curb
and gutters on the block from H to G streets
and 18th and 19th streets, alley resurfacing and
for lighting and surface improvements at 19th
and H streets staging area.
Economic Development Director Kunz made staff
comments and recommended acceptance of the
bid and approval of the contract with DOD
Construction.
Motion by Councilmember Benham to accept the bid APPROVED
and approve the agreement. NOES JOHNSON
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Sullivan advised that she has
received several phone calls regarding an
unreasonable number of cats in a certain
neighborhood, and she requested that this matter be
referred to the Legislative and Litigation Committee to
review the existing ordinance regarding the maximum
number of cats per household.
Councilmember Hanson expressed his concern about
the block walls on the east side of Gosford Road
between Ming Avenue and Stockdale Highway that
look like they are going to crumble in the near future
because of water damage.
Councilmember Salas thanked Recreation and Parks
for working on the shade structures at Stiern Park.
Councilmember Solas advised that he has been
approached by several groups about the capacity for
soccer fields at various parks, and he would like staff
to get back to him regarding incorporating this topic in
the Recreation and Parks budget presentation.
Bakersfield, California, May 9, 2012 — Page 13
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:45 P.M.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN