HomeMy WebLinkAbout08/15/12 CC_AGENDA_PACKET.hft�1101
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF AUGUST 15, 2012
(Ward 2)
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 Jason Klopenstein, Rosedale Bible Church.
3. PLEDGE OF ALLEGIANCE by Sarah Gutierrez 8th grade student at Chipman Junior High
School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Jon Van Boening, the 2012 John
Brock Community Service Award winner, declaring September 6, 2012 as Jon Van
Boening Day.
b. Presentation by Mayor Hall of a Proclamation to Jay Tamsi, declaring September 12
through October 13, 2012, Hispanic Heritage Month.
5. PUBLIC STATEMENTS
6. WORKSHOPS
a. 24th Street Improvement Project Update. (TRIP)
(15 min) b. Actuarial Valuation of Retiree Medical Liabilities,
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 18, 2012 Regular City Council Meeting.
Payments:
b. Receive and file department payments from July 6, 2012 to August 2, 2012 in the
amount of $24,746,335.62 and self- insurance payments from July 6, 2012 to August 2,
2012 in the amount of $2,123,992.26, totaling $26,870,327.88.
Ordinances:
(Ward 2) C. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal
Code by changing the zone district from C -O (Professional and Administrative
Office), R -3 (Multiple Family Dwelling) and R -3 -P (Multiple Family Dwelling- Parking), to
R -3 -CH (Multiple Family Dwelling- Church) on a 4.68 acre site, located at the
northeast corner of H Street and 8th Street. (ZC# 12 -0011) (WZI, Inc., representing Saint
Francis Church c/o the Diocese of Fresno).
8. CONSENT CALENDAR continued
Resolutions:
d. Resolution adopting a City policy to adhere to the Brown Act despite the State's
decision to suspend some of its provisions for three years.
e. Resolution designating certain City personnel as certifying officers authorized to
execute environmental review for U,S. Department of Housing and Urban
Development (HUD) - funded programs pursuant to Federal Law.
(Ward 1) f. Resolution approving the submission of an application to the U.S. Department of
Transportation Federal Aviation Administration for funding for three specific
improvement projects at the Bakersfield Municipal Airport under Airport
Improvement Program Project No. 3 -06- 0323 - 016 -2012 and authorizing the City
Manager or his designee to execute all necessary documents.
g. Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have 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.
h, Resolution determining that Bioxide, a proprietary chemical for sewer odor control
and reduction of sulfide gas levels, cannot be reasonably obtained through the
usual bidding procedures and authorizing the Finance Director to dispense with
bidding thereof for a period of one year, not to exceed the budgeted amount of
$750,000.
(Ward 2) i. Kern River Parkway Fitness Equipment:
1. Resolution determining that Triactive Fitness Equipment cannot be
reasonably obtained through the usual bidding procedures and authorizing
the Finance Director to dispense with bidding.
2. Approve the purchase of fitness equipment from Great Western Park &
Playground, Inc. ($12,604).
3. Appropriate $12,604 contribution to the Recreation and Parks Department
Capital Improvement budget within the Capital Outlay Fund for the purchase.
(Ward 2,3,4,5) j. Resolutions adding the following territories to the Consolidated Maintenance District
and approving, confirming and adopting the Public Works Director's Report for
each:
1. Resolution adding Area 1 -91 (2738 Mosasco Street)
2. Resolution adding Area 3 -85 (8100 Pacheco Road)
3. Resolution adding Area 4 -106 (500 W Columbus Street)
4. Resolution adding Area 4 -107 (2620 Chester Avenue)
(Ward 6) k. Resolution of Intention No. 1722 adding territory, Area 2 -50 (4751 and 4755 Wible
Road) to the Consolidated Maintenance District and preliminarily approving,
confirming and adopting the Public Work's Director's Report.
2 City Council Meeting of 08/15/2012
8. CONSENT CALENDAR continued
Agreements:
(Ward 2) I.
Agreement with Boys and Girls Clubs of Kern County ($50,000) of Community
Development Block Grant funds to renovate existing facilities at 801 Niles Street.
M.
Agreement with the State of California Department of Public Health, and the U.S.
Department of Housing and Urban Development ($384,879) for Housing
Opportunities for Persons with HIV /AIDS Entitlement Program (HOPWA).
(Ward 1) n.
Agreement with Bakersfield Senior Center, Inc. ($85,000), of Community
Development Block Grant Funds for operational expenses located at 530 4th Street.
o.
Joint Cost Sharing Agreement with the County of Kern (City's share not to exceed
$75,000) for a storm water discharge permit required by the National Pollutant
Discharge Elimination System.
(Ward 3) P.
Agreement with Gables Trust ($25,500) to purchase real property located on the
southwest corner of Morning Drive and State Route 178 for the Morning Drive
Interchange Project. (TRIP)
(Ward 3) q.
Agreement with Marvin and Shirley Hort Trust ($25,500) to purchase real property
located on the southwest corner of Morning Drive and State Route 178 for the
Morning Drive Interchange Project. (TRIP)
r.
Amendment No. 1 to Agreement No. 10 -026 with York Risk Services Group, Inc.
($84,000; revised not to exceed $459,000), to adjust liability claims filed against the
City.
S.
Amendment No. 1 to Agreement No. 11 -099 with Vulcan Materials Company
($6,000,000; revised not to exceed $12,000,000 and extending term one year) for
supply of street materials.
t.
Amendment No. 2 to Agreement No. 10 -144 with Ennis Paint, Inc. ($150,000; revised
not to exceed $348,221.31 and extending term one year), for traffic paint.
U.
Amendment No. 1 to Agreement No. RP 12-010 with Tony Cole Masonry ($40,000;
revised not to exceed $80,000) for block wall repairs.
(Ward 2) V.
24th Street Improvement Project; (TRIP)
1. Amendment No. 3 to Agreement No. 07 -224 with RBF Consulting ($130,921;
revised not to exceed $2,836,828 - 88.53% funded by federal monies) for
engineering design services for the project.
2. Amendment No. 3 to Agreement No. 07 -225 with RBF Consulting ($83,420;
revised not to exceed $2,207,646 - 88.53% funded by federal monies) for
engineering design services for the project.
(Ward 2) W. Contract Change Order Nos. 27 and 40 to Agreement No. 08 -214 with Security
Paving Company, Inc. ($133,240.98; revised not to exceed $29,357,454.67), for
construction of the Westside Parkway Phase 1 Project. (TRIP)
3 City Council Meeting of 08/15/2012
8. CONSENT CALENDAR continued
Bids:
(Ward 2) X. Reject bids for Beale and Saunders Parks Playground Rehabilitation.
Y. Extend bid from Kovatch Mobile Equipment ($523,534.50) for one replacement Fire
engine for the Fire Department.
Z. Extend bid from Golden State Peterbilt ($2,864,008.98) for seven replacements
and two additional side- loading refuse trucks for the Public Works Department, Solid
Waste Division.
aa. Extend bid from Bertchtold Equipment Company ($88,872.21) for one additional
backhoe loader for the Water Resources Department.
bb. Extend bid for four replacement four door police special sedans:
1. Extend bid from Jim Burke Ford, ($91,986.48).
2. Transfer and appropriate $57,536 Self Insurance Fund balance to the
Equipment Management Fund Operating Budget.
3. Appropriate $34,450.48 Fund balance to the Equipment Management Fund
Operating Budget.
(Ward 7) cc. Accept bid and approve contract with Bowman Asphalt, Inc. ($412,412), for the
Hosking Avenue at Wible Road Street Improvements Project.
(Ward 6) dd. Accept bid and approve contract with Griffith Company ($586,586) for Pavement
Rehabilitation 2012 Phase 1 Project- Harris Road from Ashe Road to Summer Springs
Drive.
(Ward 2) ee. Mill Creek Linear Park - Mill House Project:
1. Accept bid and approve contract with Brown and Fowler Construction Inc.
($882,000), for the project.
2. Transfer $273,149 from the Sister City Garden Phase B Project to the Mill House
Project within the Successor Agency Proposition 1 C Grant Fund.
(Ward 63) ff. Landscape Improvements within Existing Median Islands Phase 1 - Ashe Road,
McCutchen Road and Stine Road:
1. Accept base bid and approve contract with Clean Cut Landscape
Company ($249,936) for the project.
2. Appropriate $60,000 Developer Share Project cost to the Public Works
Department's Capital Improvement budget within the Capital Outlay Fund.
Miscellaneous:
gg. City position on League of California Cities Annual Conference Resolutions.
hh. Appropriate $47,133 State Grant Revenue for the Waste Tire Enforcement Grant
Program to the Development Services Operating budget in the General Fund.
4 City Council Meeting of 08/15/2012
8. CONSENT CALENDAR continued
(Ward 3) ii. Appropriate $3,000 contribution from Bill Wright Toyota to the Recreation and Parks
Department's Operating Budget within the General Fund to allow banner
sponsorship opportunities at Mesa Morin Sports Complex.
jj. Appropriate $88,740 State Grant Revenues (FY2012 -13 Grant Assistance Program
(GAP) from the State Office of Alcoholic Beverage Control (ABC) to the General
Fund Police Operating budget to fund overtime for the BPD vice division to conduct
minor decoy, shoulder tap operations and provide ABC training.
kk. Appropriate $160,568 Federal Grant Revenues (2012 JAG /Byrne Local Grant from the
Bureau of Justice Assistance) to the General Fund Police Operating budget to
provide training and equipment to develop a Citizen's Patrol Academy.
Il. Accept a $1,000 grant donation from Target and appropriate the $1,000 donation to
the Police Department Operating budget in the General Fund to support the BPD's
Crime Prevention message at the 2012 National Night Out on August 7, 2012.
mm. Accept a State Farm "Celebrate My Drive" grant, in the amount of $5,000; and
appropriate the $5,000 contribution to the Police Department Operating budget in
the General Fund to develop brochures and purchase promotional handouts to
bring awareness of the dangers of texting while driving to teen drivers.
Successor Agency Business:
nn. Receive and file successor agency payments from July 6, 2012 to August 2, 2012 in
the amount of $1,665,811.45.
Staff recommends adoption of Consent Calendar items 8.a. through 8. nn.
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 # 531 - 011 -06; previously APN # 531 - 010 -25) by eminent domain
for the new Morning Drive and State Route 178 Interchange Project. (TRIP)
(Staff recommends adoption of Resolution.)
(Ward 2) b. General Plan Amendment /Zone Change No. 12 -0085; the City proposes a general
plan amendment and zone change on approximately one acre located along the
north side of 20th Street between V Street and the Kern Island Canal.
(Staff recommends adoption of resolution and give first reading to Ordinance.)
1. Resolution approving the general plan amendment changing the land use
designation from LI (Light Industrial) to MUC (Mixed Use Commercial).
2. First Reading of Ordinance amending Title 17 of the Municipal Code by
changing the zone district from M-1 (Light Manufacturing) to C -C (Commercial
Center).
5 City Council Meeting of 08/15/2012
9. CONSENT CALENDAR PUBLIC HEARINGS continued
(Ward 4) C. General Plan Amendment /Zone Change No. 12 -0124; Marino /Associates,
representing Todd Sweany (property owner), proposes a general plan amendment
and zone change on 18.15 acres, located along the north side of Snow Road
approximately 800 feet east of Jewetta Avenue. (Staff recommends adoption of
resolution and give first reading to Ordinance.)
Resolution approving a Negative Declaration and approving the general plan
amendment changing the land use designation from SR (Suburban
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
E (Estate) to C -2 /PCD (Regional Commercial /Planned Commercial
Development).
(Ward 5) d. General Plan Amendment /Zone Change No. 12 -0144; Pinnacle Civil Engineering,
Inc., representing Buena Vista Land Co., LLC (property owners), has applied for a
general plan amendment and zone change on 28.12 acres generally located at the
southeast corner of Buena Vista Road and Panama Lane. (Staff recommends adoption
of resolution and give first reading to Ordinance.)
1. Resolution adopting the Negative Declaration and approving the general
plan amendment changing the land use designation from LR (Low Density
Residential) to GC (General Commercial).
2. First Reading of Ordinance adopting the Negative Declaration and amending
Title 17 of the Municipal Code by changing the zone district from R-1 (One
Family Dwelling) to C -2 (Regional Commercial).
10. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section 54956.9 (one potential case).
C. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 regarding Mohamad Harb, et
al. v. City, et al; KCSC Case No. S- 1500 -CV- 265887 SPC
RECESS TO CLOSED SESSION
11. CLOSED SESSION ACTION
12. HEARINGS
6 City Council Meeting of 08/15/2012
13. REPORTS
a. Update on Curbside Recycling Implementation.
b. Animal Care Service;
Agreement with the County of Kern for Animal Care Services from July 1, 2012
through June 30, 2013 in the amount of $740,000 plus a capital improvement
contribution of up to $100,000; and the lease of real property, located at 201
South Mount Vernon Avenue, to the County.
2. Vice Mayor's appointment of two Councilmembers to serve on a newly
established Joint City /County Animal Control Committee.
Staff recommends approval of Agreement and appointments by Vice Mayor.
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Res ctfully submitted,
an Tan
City Manager
8/9/12 2:1 Opm
City Council Meeting of 08/15/2012
AGENDA HIGHLIGHTS
August 15, 2012 COUNCIL MEETING
Item 6a. At the request of Counciimember Benham, staff will provide an update on the 24th
Street Improvement project (TRIP), including a summarization of the public response to the
EIR. Several issues of neighborhood concern, such as beautification and cul -de -sacs, will be
discussed.
Item 6b. Representatives from the City's health care consultant, the Segal Company, will
present an update from the 2011 actuarial study on the City's retiree medical subsidy
program. The report reflects significant improvement from the 2009 report, as the City's
unfunded liability has been reduced by $17,777,426, and the Annual Required Contribution
(ARC) has been reduced by $1,489,710. In addition, the amount needed to fully fund the
ARC has been greatly reduced since the 2009 Actuarial Report, from approximately $9.5
million to $686,739. The Personnel Committee was provided with this information on August.3,
2012, and recommended that the full Council receive a similar briefing.
FT M-
Item See. Construction of the ilM I House at Mill Creek Linear Park. The Mill Creek Linear Park
was so named as a reference back to the time when there was an actual flour mill at the
site. This namesake project will include the construction of the replica Mill House with an
operational water wheel and related elements, including a generation system. There were
three bids received, with two being acceptable. Staff recommends award to the low bidder,
Brown and Fowler Construction, in the amount of $882,000. Funding for this project will be
comprised of Proposition 1C grant funding that the former RDA received. $698,851 was
appropriated from the former RDA to the Public Works Capital Project budget at the July 18th
meeting. The balance (also from the Prop 1 C grant) will be from remaining funding that had
been allocated to the Sister City Phase B project. An appropriation of those funds in the
amount of $273,149 is requested with this action. This project is Included on the Successor
Agency's ROP Schedule.
Item 9c. GPA /Zone Change at Snow Road and Jewetta Avenue. This request from Marino
Associates representing the owner, Todd Sweaney, is for a zone change from residential to
general commercial for development of a self- storage facility. At the Planning Commission
hearing on June 21, 2012, 6 individuals spoke in opposition to the project, citing incapability
concerns to their neighborhood, including the appearance of an 8 -foot stucco wall that will
enclose the facility. Since that time, all the parties have met and a landscaping plan has
been agreed upon. The revised development plan, with the new landscaping design, will be
considered by the Planning Commission on September 6th.
CLOSED SESSION
There will be a conference with the Labor Negotiator and a conference with legal counsel
regarding the initiation of litigation in one matter and one matter of existing litigation.
REPS
Item 13a. City Curbside Recycling Program. Staff will present an update on the phased
implementation plan for the citywide curbside recycling program.
Item 13b. Animal Care Agreement and Appointments to the City /County Animal Control
Committee, This Agreement combines the terms and conditions of the City's operational
arrangement with the County of Kern for the sheltering and care of unwanted or
abandoned City animals at the Mt. Vernon Animal Shelter, as well as the terms and
conditions of the County's lease of the land the Mt. Vernon Shelter sits on from the City. In
addition to the operational and lease provisions, this Agreement also includes a number of
joint City /County commitments which are to be undertaken during the term of this
Agreement. These commitments are intended to facilitate both short-term improvements to
the Mt. Vernon Animal Shelter /operation and to develop a long -term plan and structure for
the operation of a new and improved joint City /County animal control program in the
Metropolitan Bakersfield area. A component of the Agreement includes the
establishment of a joint City /County Metropolitan Bakersfield Animal Control
Committee. This committee will Include two members of the City Council, which will
be appointed by the Vice Mayor. The term of this Agreement is for one year, from
July 1, 2012 through June 30, 2013 in the amount of $740,000 plus a capital
improvement contribution of up to $100,000.
Approved: �---
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights -August 15, 2012 Council Meeting
Page 2
MEETING DATE: August 15, 2012 AGENDA SECTION: Presentations
ITEM: 4. q
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAW14&.
DATE: August 1, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Jon Van Boening, the 12 Tohn ck
Commu nity Service Award winner, declaring the date September 6, 2 12 an
Boening Day" in the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
A
ADMINISTRATIVE REPORT
Y
/0
MEETING DATE: August 15, 2012 AGENDA SECTION: Presentations
ITEM: I b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
August 1, 2012
APPROVED
DEPARTMENT HEA A
CITY ATTORNEY
CITY MANAGER— ///;7
Presentation by Mayor Hall of a Proclamation to Jay Tamsi declaring Septem er 12"
through October 13th, Hispanic Heritage Month in Bakersfield.
1a;K01;11il4:FIT-% iL•P.�
BACKGROUND:
krt
MEETING DATE: Augustl 5, 2012 AGENDA SECTION: WORKSHOPS
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
August 2, 2012
APPROVED
DEPARTMENT HEAD l
CITY ATTORNEY
CITY MANAGER
24th Street Improvement Project Update (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Staff will provide a brief update on the 24th Street Improvement Project
including summarizing the public response received on the Environmental Document recently
circulated. Councilmember Benham requested this item. It affords an opportunity for the
Council to receive a summary of the input received, ask questions and possibly make staff
referrals in connection with issues raised.
Tdw: C:\ Users \lskinner \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \9USLPIAS\24th
Street Update Admin Ldocx
MEETING DATE: August 15, 2012 AGENDA SECTION: WORKSHOPS
ITEM: (p. 6,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: August 6, 2012
SUBJECT: Actuarial Valuation of Retiree Medical Liabilities
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY
RECOMMENDATION: Staff recommends report be received and filed.
BACKGROUND:
The Governmental Accounting Standards Board (GASB - Statement #45) requires an actuarial
valuation report be prepared, every two years regarding the City's Retiree Medical subsidy
program. The Segal Company was hired to perform the actuarial study, which measures the
liabilities and status of the program as of June 30, 2011.
The City Council has taken several actions over the past few years that have both provided
funding for this long term liability and reduced the future costs of the subsidy program. This
most recent actuarial report begins to show the benefits of those past actions in the form of
lower annual required contributions and an overall lower liability balance.
In the June 2009 report the City's Unfunded Actuarial Accrued Liability was $101,430,667. The
2011 report shows this amount is now $83,653,241; a reduction of $17,777,426.
Also, in 2009 the City's Annual Required Contribution (ARC) was 9,495,763. The 2011 report
shows this amount is now $8,006,053; a reduction of $1,489,710.
The City Council has also improved the funded ratio of the program from 10.72% in 2009 to
19.37% in 2011. A couple of years ago the City was about $9.5 million behind in its efforts to
fully fund the ARC; as of the new report we are only behind fully funding the ARC by $686,739.
Staff from The Segal Company provided an overview of the report to the personnel
committee at their August 3, 2012 meeting. The committee recommended the full City
Council be provided a similar report as soon as possible. Staff from the Segal Company will
provide you with a very brief slide show of the highlights of the recent actuarial valuation.
Nks - 8/6/12
S: \Admin \Admin Reports \Admin - actuarial report retiree medical aug 15 2012.doc
F A
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 6.a.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Roberta Gafford, City Clerk
August 3, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGE
Approval of Minutes of the July 18, 2012 Regular City Council Meeting
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: August 2, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file department payments from July 6, 2012 to August , 201
in the amount of $24,746,335.62, Self Insurance payments from July 6,
2012 to August 2, 2012 in the amount of $2,123,992.26, totaling $26,870,3 7.88
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
August 2, 2012, 4:29PM
S:\Kim GWDMIN \COUNCIL- ADMIN- AP- 2013WDMIN -AP 081512.doc
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: S
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: July 27, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of ordinance amending the Official Zoning Map in ``Title 17 of the
Bakersfield Municipal Code by changing the zone district from C -O ((Professional
and Administrative Office), R -3 (Multiple Family Dwelling), and R -3 -P (Multiple Family
Dwelling- Parking), to R -3 -CH (Multiple Family Dwelling- Church) on a 4.68 -acre site,
located at the northeast corner of H Street and 8th Street. (ZC# 12 -0011: WZI, Inc.
representing Saint Francis Church c/o the Diocese of Fresno) (Ward 2).
RECOMMENDATION:
Staff recommends adoption of ordinance.
BACKGROUND:
First reading of the ordinance was given on July 18, 2012.
The proposed zone change is from C -O (Professional and Administrative Office), R -3 (Multiple
Family Dwelling), and R -3 -P (Multiple Family Dwelling- Parking), to R -3 -CH (Multiple Family Dwelling -
Church) on 4.68 -acre acres. The project site is well - established, containing the Saint Francis
Catholic Church sanctuary, meeting rooms, guest housing, a lighted parking area, and other
related church improvements.
The mix of zoning on the site has resulted in the church going through a confusing assortment of
zoning reviews, some with public hearings and others with just an administrative staff review. The
requested zone change, which includes adding a Church overlay zone, will place the church's
entire property holdings under one zone district. This will also bring certainty to the church for
future facility planning, consistent application of development standards, and permit
streamlining through a single administrative review process. The public gains certainties knowing
what uses can occur and how development standards will be applied. Public hearings would
only be required if deviations from the city's standards were requested. The proposed rezoning is
in compliance with the existing land use designations of the Metropolitan Bakersfield General
Plan, which is HR (High Density Residential) and OC (Office Commercial).
July 30, 2012, 9:26AM
KS /S:IDanaIADMINS120121AUG18 -15 -0011 2.doc
ADMINISTRATIVE REPORT
On June 7, 2012 the Planning Commission held an advertised public hearing on this zone change
request, and recommended adoption by the City Council.
The Planning Commission received one letter from the public with concerns regarding on -site
parking and requesting that a traffic study be conducted. Regarding parking requirements, the
required number of parking spaces is determined by the Planning Department during the site
plan review process. Through that process, Traffic Engineering staff will review that aisle widths,
proposed drive approaches, and parking space sizes meet the City's development standards.
Concerning traffic, the City Traffic Engineer reviewed the proposal and stated to the Commission
that since the zoning is more restrictive over the entire site and the site is mostly developed, future
improvements would most likely be limited as infill. In those instances traffic impacts would be
mitigated by the Traffic Impact Fee. However, a traffic analysis would be required if future
additions or changes to the site were proposed that would significantly increase traffic above
current levels.
Staff determined that the project is an in -fill development; and thus exempt from CEQA under
Section 15332 of the State CEQA Guidelines. A Notice of Exemption was prepared on April 19,
2012 in accordance with CEQA.
Staff recommends adoption of the ordinance.
July 30, 2012, 9:27AM .
KS /S:lDanaIADMINS1201214UG18 -15 -0011 2.doc
m10 -
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: July 24, 2012 CITY ATTORNEY
CITY MANAG
SUBJECT: Resolution adopting a City policy to adhere to the Brown Act dKspit the
State's decision to suspend some of its provisions for three years f
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Brown Act was enacted to ensure that all actions taken by legislative bodies during
a meeting are conducted openly and with the public's participation. On June 27, 2012,
the Governor signed AB 1464 and SB 1006 into law. AB1464, the Budget Act of 2012,
suspends, among other things, certain provisions of the Brown Act, while SB 1006 provides
that all state - mandated programs, including the Brown Act, be suspended for three
fiscal years. The State suspended certain state - mandated programs to avoid
reimbursing local governments for the cost of the programs' implementation.
Pursuant to a City Council referral, the attached Resolution clarifies that regardless of the
State's failure to reimburse the City for costs associated with the Brown Act, the City
Council and all of its Boards, Commissions and Committees will continue to comply with
it.
JT:Isc
SACOUNCUAdmins \11 -12 AdminskPolicy .BrownActSuspension.doox
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8• e.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA
DATE: July 30, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of the Council of the City of Bakersfield Designating ai city
personnel as certifying officers authorized to execute environmental review f r U.S.
Department of housing and Urban Development (HUD) - funded programs
pursuant to federal law. (Wards All)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
In accordance with the National Environmental Policy Act (NEPA) and 24 CFR Part 58, an
entitlement community such as the City of Bakersfield that annually executes HUD grant
agreements for funds assumes responsibility for complying with NEPA laws and regulations. Under
NEPA laws and regulations, only the responsible entity's Certifying Officer has the authority to
execute documents concerning federal environmental review, decision - making and
environmental action. Additionally, by federal regulation, the Certifying Officer is responsible for
ensuring that any conditions, procedures and requirements resulting from the environmental
review process are incorporated into project plans and become implemented.
The City currently designates the positions of City Manager or Assistant City Manager be the
Certifying Officer for all environmental assessments (EAs) requiring publication and submission to
HUD for authority to use grant funds. In addition, the Economic Development Director or the
Assistant Economic Development Director may act as Certifying Officer for the more basic EAs
and exemptions that do not require such publication and submission.
However, due to reorganization within the City concerning the Economic and Community
Development Department, the Certifying Officer designation must also be revised to reflect
current City positions and the current organizational structure. Therefore, the attached
Resolution designates the City Manager or his /her designee as the Certifying Officer for any NEPA
document requiring publication, and the Community Development Director and Planning
Director as the Certifying officer for NEPA documents not requiring publication.
S:1Admins \City Council \City Council Admins 2012 \HUD Certifying Reso.Doc
July 30, 2012 10:38 AM
RB
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 31, 2012 CITY ATTORNEY
APPROVED
CITY MANAGER
SUBJECT: A resolution approving the submission of an application to the U.S. Department
of Transportation Federal Aviation Administration for funding for three specific
improvement projects at the Bakersfield Municipal Airport under Airport
Improvement Program Project No. 3- 06- 0323 -016 -2012 and authorizing the City
Manager or his designee to execute all necessary documents (Ward 1).
RECOMMENDATION: Staff recommends approval of application submission, adoption of
resolution, and authorization of City Manager or his designee to
execute all necessary agreements and documents and make
minor revisions if required.
BACKGROUND: This grant provides for approximately $340,000 of federal funding for three
projects at the Bakersfield Municipal Airport. Each of the three projects will be 90% federally
funded with general aviation funds providing the 10% local match requirement. The three
projects are:
1. Design and construction of the southwest hangar taxilane phase 2 access road and
replacement of rotating beacon (Estimate: federal share = $293,065; local share =
$32,563)
2. Design and engineering for Runway 16 -34 and Taxilane rehabilitation (Estimate: federal
share = $37,935; local share = $4,215)
3. Develop an airport pavement management system (Estimate: federal share = $9,000;
local share = $1,000)
The first of the three projects is the design and construction of phase 2 of the Southwest
Hangar Taxilane project. This project provides an access road to the recently constructed
taxilanes that will support the new hangar project. This will remove any conflicts between
aircraft and cars or other vehicles. It will also fund the replacement of the rotating runway
beacon that is past its useful life and difficult to maintain.
The second project is the design and engineering of a rehabilitation project for the runway
and Taxilane "A" at the Airport. Construction of this project is anticipated to commence in
Fiscal Year 2013 -2014.
August 6, 2012, 2:49PM \SP
G: \GROUPDAT\ADMINRPT\2012 \08 -15 \FAA GRANTAOC
ADMINISTRATIVE REPORT
The third project is the development and preparation of an Airport Pavement Management
System (APMS) for the Airport. An APMS is periodically required by the Federal Aviation
Administration as a basis for planning, programming, and funding grants for future capital
improvement projects at the Airport.
There is no General Fund impact with these projects. All three of the projects are currently
budgeted.
August 6, 2012, 2:49PM\SP
G: \GROUPDATWDMINRPT\2012 \08 -15 \FAA GRANTAOC
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM
TO: Honorable Mayor and City Council
FROM: Phil Burns, Building Director
DATE: July 27, 2012
APP VED
DEPARTMENT HEAD
CITY ATTORNEY POO
CITY MANAGER 2r/
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and authorizing collection of the
assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on July 9, 2012, by the City Manager designee and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of
the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated
structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris
and waste matter. The property owners were notified and failed to comply with the notices to
abate such public nuisance. After a hearing duly noticed and held before the Building Director,
the Director issued orders requiring the property owner to abate the public nuisance. The subject
properties are listed as follows:
PROPERTY LOCATION
Ward
1 /Councilmember Salas
1.
1023 Beryl Drive
2.
811 S. Brown Street
3.
4408 Chadbourn Street
4.
622 El Sereno Drive
5.
3508 Horne Street
6.
702 K Street
7.
428 L Street
8.
1003 L Street
July 27, 2012, 10:42AM /kd
s:\oana\ADM1NS \2012\AUG \8 -15- Property Abatement.doc
APN COST
022 - 163 -02
$
105.00
019 - 131 -09
$
900.00
171 - 143 -16
$
835.00
011- 271 -06
$
300.00
172- 091 -33
$
879.00
009 - 262 -26
$
105.00
009 - 450 -01
$
300.00
009 - 112 -09
$
750.00
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1 /Counciimember Salas
9.
1005 L Street
009 - 112 -08
$
750.00
10.
202 Marge Avenue
413 -251 -01
$
300.00
11.
1304 Murdock Street
018- 122 -39
$
899.00
12.
831 N Street
009 - 222 -06
$
750.00
13.
4311 Palmacia Drive
171- 182 -02
$
300.00
14.
1317 Sylvia Drive
022- 103 -09
$
300.00
15.
808 S. Williams Street
019- 131 -30
$
1,099.00
16.
325 4th Street
010- 061 -08
$
300.00
17.
401 9th Street
009 - 504 -05
$
300.00
Ward 2 /Counciimember Benham
18.
234 Beech Street
008 - 055 -07
$
105.00
19.
243 Bernard Street
01 2- 200 -01
$
105.00
20.
259 Bernard Street
012- 200 -05
$
105.00
21.
10 Dunlap Street
020 - 263 -04
$
770.00
22.
908 Eureka Street
017- 270 -14
$
300.00
23.
1922 Forrest Street
007 - 197 -01
$
1,599.00
24.
232 Jefferson Street
012 - 310 -12
$
105.00
25.
1445 Lake Street
015- 420 -23
$
889.00
26.
3509 M Street
120- 120 -05
$
1,599.00
27.
1015 Monterey Street
015- 350 -05
$
300.00
28.
1216 Niles Street
015- 170 -12
$
300.00
29.
111 Oregon Street
012 - 102 -03
$
300.00
30.
1206 Oregon Street
015- 100 -15
$
895.00
31.
200 Pacific Street
012- 270 -17
$
105.00
32.
1019 Pacific Street
015- 080 -05
$
850.00
33.
1517 Pacific Street
01 5- 130 -04
$
1,485.00
34.
610 Robinson Street
017 - 180 -09
$
1,399.00
35.
1023 Robinson Street
015 - 400 -17
$
895.00
36.
200 Truxtun Avenue
006 -132 -11
$
300.00
37.
1710 l st Street
008- 342 -14
$
1,080.00
38.
830 25th Street
005 - 151 -03
$
819.00
Ward 3 /Counciimember Weir
39.
3200 Apollo Street
146- 051 -05
$
300.00
40.
4801 Chenin Blanc Place
146 - 651 -13
$
300.00
41.
1817 Duke Drive
021 - 382 -05
$
105.00
42.
3221 Idaho Street
021 - 423 -21
$
1,399.00
43.
2900 St. Marys Street
021- 433 -13
$
105.00
44.
1313 Telegraph Avenue
021 - 262 -04
$
300.00
July 27, 2012, 10:42AMIkd
s:\Dana\ADMINS \2012 \AUG \8 -15- Property Abatement.doe
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 5 /Councilmember Hanson
45.
8013 Do Rios Way
339 - 323 -08
$
300.00
46.
10606 Grand Prairie Drive
497 - 246 -03
$
105.00
47.
3605 Litchfield Drive
385 - 343 -03
$
105.00
48.
4705 Wetherby Court
392 - 141 -27
$
105.00
Ward 6 /Coucilmember Sullivan
1218 Hadar Road
516- 174 -03
$
49.
5117 Brockton Court
384 - 050 -26
$
105.00
Ward 7 /Councilmember Johnson
50.
1013 Baldwin Farms Drive
516- 152 -04
$
300.00
51.
2416 Boyd Street
372- 362 -23
$
849.00
52.
2509 Clara Court
372 - 100 -09
$
105.00
53.
2419 Fremont Street
023 - 124 -08
$
300.00
54.
1218 Hadar Road
516- 174 -03
$
879.00
55.
7102 Hayden Hill Street
516- 405 -01
$
600.00
56.
2615 Hughes Lane
023 - 273 -12
$
300.00
57.
4316 Tea Tree Court
405 -342 -11
$
300.00
58.
6811 Tradewinds Drive
515 - 202 -03
$
600.00
The owners of the above - mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
July 27, 2012, 10:42AMIkd
sADana\ADMINS \2012\AUG \8 -15- Property Abatement.doc
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 9. h.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: July 31, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution determining that Bioxide, a proprietary chemical for sewer odor
control and reduction of sulfide gas levels, cannot be reasonably obtained
through the usual bidding procedures and authorizing the Finance Director to
dispense with bidding thereof for a period of one (1) year, not to exceed the
budgeted amount of $750,000. (City Wide)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Some areas of Southwest, Northwest and Northeast Bakersfield experience
continuing odor problems from the sewer trunk lines thus creating a nuisance to residents and
businesses. Nuisance odors are a violation of the San Joaquin Unified Air Pollution Control
District (District) policies and can be punishable by a fine. The City has previously received a
warning from the District to alleviate the nuisance odors and reduce the high levels of sulfide
gas found in the sewer system, or face a fine by the District. Bioxide has proven itself to be
compatible with the City Wastewater secondary treatment process and is environmentally
sound.
Due to the proprietary nature of Bioxide, and the need to continually inject Bioxide to control
odors in the sewer trunk lines, staff is recommending adoption of the Resolution to dispense
with bidding for Bioxide and authorizing the purchase of Bioxide on a continuing basis In
amounts to meet the City's requirements, not to exceed the budgeted amount of $750,000. If
at any time it is determined that other products or more effective products are available, staff
will re- evaluate the sole source designation of Bioxide and will seek competitive pricing to
insure the best interests of the City are met. Funds for the purchase are In the 2012 -2013
adopted budget within the Wastewater Enterprise Fund.
Purchasing Division
S:\PlJRCH\ADMIN\Admin 12- 13\Bioxide Sole Source Resolution, August 15, 2012.docx
July 31, 2012, 4:44PM
SAKE[
O�`yCOBPoM,J�'r
ADMINISTRATIVE REPORT
cAl�
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD n L'-
DATE: July 30, 2012 CITY ATTORNEY Al
CITY MANAGER if T/
SUBJECT: Kern River Parkway Fitness Equipment (Ward 2):
1. Resolution determining that Triactive Fitness Equipment cannot be reasonably
obtained through the usual bidding procedures and authorizing the Finance
Director to dispense with bidding.
2. Approve the purchase of fitness equipment from Great Western Park &
Playground Inc. in the amount of $12,604.
3. Appropriate $12,604 contribution to the Recreation and Parks Department
Capital Improvement Budget within the Capital Outlay Fund for the purchase of
fitness equipment.
RECOMMENDATION:
Staff recommends adoption of the Resolution and approval of the purchase and appropriation.
BACKGROUND:
Ace Hydraulic, Inc. has contributed $12,604 towards the purchase of fitness equipment for the
Kern River Parkway, north of Truxtun Ave and Commercial Way. The focus is to engage the public
in outdoor fitness. Ace Hydraulic, Inc. has reviewed and selected a layout of fitness equipment
from Great Western Park and Playground, Inc. The selected fitness equipment is the Triactive
Fitness Equipment which is a patented design by Triactive America that can only be reasonably
obtained from this vendor. This equipment replaces existing exercise stations that are past their
useful lifespan.
The fitness equipment will be installed by City staff.
Funding for this purchase is provided by a $12,604 donation that was received by the Bakersfield
Foundation from Ace Hydraulic, Inc. The funds need to be appropriated from the Bakersfield
Foundation to the Recreation and Parks Department Capital Improvement Budget.
DH:jn
July 31, 2012, 9:05AM
C: \Users\sforsythWppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \NKSE9ICG \Kern River Parkway - Exercise
Equip.doc
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: $ ,
TO: Honorable Mayor and City Council
APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 31, 2012 CITY ATTORNEY 0
CITY MANAGER
SUBJECT: Resolutions to add the following territories to the Consolidated Maintenan e District
and approving, confirming, and adopting the Public Works Director's Report for
each:
1. Resolution to add Area 1 -91 (2738 Mosasco Street) - Ward 4
2. Resolution to add Area 3 -85 (8100 Pacheco Road) - Ward 5
3. Resolution to add Area 4 -106 (500 W Columbus Street) - Ward 3
4. Resolution to add Area 4 -107 (2620 Chester Avenue) - Ward 2
RECOMMENDATION: Staff recommends adopting the Resolutions.
BACKGROUND: On July 18, 2012, the Council adopted Resolutions of Intention No. 1717, 1718,
1719, and 1720 adding the above territory to the Consolidated Maintenance District as required
by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District
will provide for the maintenance of parks and /or street landscaping. The areas will be under park
and /or streetscape zones of benefit and will be assigned the appropriate tier levels when parks
and /or street landscaping have been installed.
The addition of these territories to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) 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.
ps
G: \GROUPDAT \ADMINRPT \2012 \08 -15 \Res est CMD 1 -91 3 -85 4 -106 4- 107.docx
A
f ADMINISTRATIVE REPORT
U d
i
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: S. k
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD 1B SCA
DATE: July 31, 2012 CITY ATTORNEY '4G
CITY MANAGER
SUBJECT: Resolution of Intention (ROI) No. 1722 to add territory, Area 2 -50 (4751 and 4755
Wible Road) to the Consolidated Maintenance District and preliminarily approving,
confirming, and adopting the Public Works Director's Report. (Ward b)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcel to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at
the next City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be supplied to the
subdivider(s) /developer(s) to be recorded with the subdivision map.
ps
G: \GROUPDAT \ADMINRPT \2012 \08- 15 \ROI est CMD 2- 50.docx
A
,� ADMINISTRATIVE REPORT
U p
P
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 6. 1.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: July 31, 2012 CITY ATTORNEY
tz-
CITY MANAGER
SUBJECT: Agreement with the Boys and Girls Clubs of Kern County for $50,000 of d4mr unity
Development Block Grant funds to renovate existing facilities at 801 Niles treet.
(Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City Council adopted the 2011 -12 City of Bakersfield Action Plan last year, which allocated
$50,000 in Community Development Block Grant funds for the Boys and Girls Clubs of Kern
County (Club). The Club, is a 501 (c) (3) nonprofit corporation located at 801 Niles Street, whose
goal is to "Inspire and enable all young people, especially those from disadvantaged
circumstances, to realize their full potential as productive, responsible and caring citizens."
Fundraisers developed and executed by the Board of Directors support the center, which
operates with private funds and government grants.
Funds are to renovate existing facilities at the Club, specifically the youths' bathrooms and the
game room to create a safe and welcoming environment. The facility provides a variety of
recreational, social, and educational activities primarily for low- income youth of the metropolitan
Bakersfield area. After - school and holiday activities include sports leagues, computer education,
tutoring /homework assistance, fine art, dance, nutrition, cooking classes and fitness.
The agreement states that use of the grant funds will necessitate the youth center to continue to
provide community services to low- and moderate - income families living in the Bakersfield area
for at least five years after the recordation of the Notice of Completion.
Major components of the renovation will likely include replace flooring, ceilings, toilets, sinks,
lighting, and create energy efficiency. Estimated time to complete the project is about five
months from date of Council approval. The Club is also receiving $200,000 from the County of
Kern for the renovation.
S:\Admins \City Council \City Council Admins 2012 \Boys And Girls Club Renovations.Doc
July 31, 2012 12:52 PM
DW
�\ BAKE,
V� PLOPPORala •sue
ADMINISTRATIVE REPORT
"LIFO
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: gR m.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD C
DATE: August 2, 2012 CITY ATTORNEY
CITY MANAGE
SUBJECT: Agreement between the City of Bakersfield, State of California Department of P is Health
and the U.S: Department of Housing and Urban Development for $384,879 in Housin
Opportunities for Persons with HIV /AIDS Entitlement Program ( HOPWA). (City -wide)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City originally entered into an agreement with the State of California in March 2008 to enable them to
operate the Housing Opportunities for Persons with HIV /AIDS Entitlement Program ( HOPWA) grant funds
on behalf of the City for use in the Bakersfield Eligible Metropolitan Statistical Area (EMSA). The City
notified HUD in July 2012 that it would again like to enter into an agreement with the State to administer
the FY 2012 HOPWA Grant Funds for the EMSA. This is the fourth year for this type of arrangement.
The HOPWA program was established in 1992 to address the specific needs of persons /families living
with HIV /AIDS. The HOPWA entitlement program (a method for allocating funds to eligible cities on behalf
of their metropolitan areas) makes grants to local communities, state and non - profit organizations for
projects that benefit low income persons medically diagnosed with HIV /AIDS and their families. The City
meets the HUD entitlement criteria based on its population size and number of AIDS cases. The City's
HOPWA entitlement for FY 2012 will be $384,879.
The State of California Department of Public Health will be responsible for administering the HOPWA
grant and they will be executing the agreement subsequent to Council review and approval. The HUD LA
office will be the third party to execute the agreement following State approval. There is no direct fiscal
impact to the City's financial system for approving this agreement.
S:\Hdmins \City Council \City Council Admins 2012 \HOPWA.doc
8/1/2012 2:26 PM
ds
F A
F � i
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: July 31, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Bakersfield Senior Center, Inc. for $85,000 of Comm ity
Development Block Grant funds for operational expenses at 530 4th Street.
(Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Bakersfield Senior Center, Inc. (BSC) has provided services to the seniors of Bakersfield for well
more than 27 years. Its mission is to encourage older adults to participate in a variety of
volunteer activities and programs so they remain an integral part of the community. In addition,
BSC continues to provide many services through the center to ensure the health and welfare of
the seniors.
The City has provided Community Development Block Grant (CDBG) funds to BSC since 2002 due
to a continued reduction in donations to the center's operations.
In the Fiscal Year 2012/13 Action Plan process, CDBG funding for BSC was budgeted in the
amount of $85,000. The allowable expenses include employee salaries and benefits, professional
fees, facility operational costs such as office supplies, utilities, maintenance.
Staff intends to hold a workshop in the Fall of 2012 to provide guidance to BSC and other
agencies receiving 2012/13 funding. These workshops have been held since 2000 and have
proved to increase efficiency and reduce the time it takes for City staff to process claims.
S:\Admins \City Council \City Council Admins 2012\13SC 12 -13 Admin.Doc
July 31, 2012 8:45 AM
TR
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8.
TO: Honorable Mayor and City Council
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD
DATE: July 11, 2012
CITY ATTORNEY
CITY MANAGE
SUBJECT: Joint City of Bakersfield- County of Kern Cost Sharing Agreement (Clfy"s share not to
exceed $75,000) for a storm water discharge permit required by the National Pollutant
Discharge Elimination System — (City -Wide)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND:
The City of Bakersfield (City) and the County of Kern (County) both discharge storm water through
municipal storm sewer systems into the Kern River, which is considered a waterway of the United States.
Pursuant to Title 40 of the Code of Federal Regulations (40 CFR), a National Pollutant Discharge
Elimination System (NPDES) permit is required by the Environmental Protection Agency to regulate the
storm water discharges. Waste Discharge Requirements Order No. 94 -164 was adopted on June 24,
1994 and issued to the City and the County. The City and County are joint permittees under this order.
The NPDES permit waste discharge requirements, Storm Water Management Plan ( "SWMP "), and the
Monitoring and Reporting Program requires joint City- County staff efforts. A joint City- County NPDES
permit operation effort is desirous and necessary due to the shared drainage watersheds. Under the
recommended agreement, the City and County will share the joint costs associated with complying with
the NPDES permit requirements in the respective drainage areas. Maximum annual contribution to joint
costs by either party will not exceed $75,000.
The City and County's previous contract expired on July 1, 2012. In the past, this program has proven to
be very successful and cost effective. Staff recommends the City enter into a new five (5) year contract
that will terminate in August 2017.
The County of Kern Board of Supervisors approved this agreement at their June 26, 2012 Board meeting.
Sufficient funds are available in the Water Resources Department's FY 2012 -13 Operating Budget for the
City's share of this agreement. No General Fund dollars will be used for this service.
DR
SA2012 ADMIN REPORTS\ NPDES _COUNTY_CITY_AGREEMENT.docx\DR
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8,
TO: Honorable Mayor and City Council
FROM: Nelson K, Smith, Finance Director
DATE: July 26, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Gables Trust to purchase real property located at southwest corner
of Morning Drive and State Route 178 for $25,500 for the Morning Drive Interchange
Project. (TRIP Program - Ward 3)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land
to construct an interchange at Morning Drive and State Route 178. The property being acquired
contains approximately 18,426 square feet of real property. The site is required for the Morning
Drive Interchange Project. The purchase price of $25,500 is the fair market value (for the Gables
Trust's half interest in the parcel) based on an appraisal prepared by Michael Burger and
Associates, an independent appraisal company.
A Phase I Environmental Site Assessment report has been prepared encompassing all properties
required for the interchange project during the State required Environmental Document process.
The Planning Division completed a 65402 Review and found this acquisition consistent with the
Metropolitan Bakersfield 2010 General Plan.
Property acquisition for the required right of way to construct the Morning Drive Interchange
Project is part of the TRIP program and is included in the grant funding for this project. The City
will be responsible for approximately 11% of the project cost, including right of way, and will be
reimbursed the remaining 89% by the State and Federal Highway Administration.
Admin - Purchase Agmt - Gables
7/26/2012
CW
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: July 26, 2012
APPROVED
DEPARTMENT HEAD._
CITY ATTORNEY.
CITY MAN
SUBJECT: Agreement with Marvin and Shirley Hort Trust to purchase real property located at
southwest corner of Morning Drive and State Route 178 for $25,500 for the Morning
Drive Interchange Project. (TRIP Program - Ward 3)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land
to construct an interchange at Morning Drive and State Route 178. The property being acquired
contains approximately 18,426 square feet of real property. The site is required for the Morning
Drive Interchange Project. The purchase price of $25,500 is the fair market value (for the Hort
Trust's half interest in the parcel) based on an appraisal prepared by Michael Burger and
Associates, an independent appraisal company.
A Phase I Environmental Site Assessment report has been prepared encompassing all properties
required for the interchange project during the State required Environmental Document process.
The Planning Division completed a 65402 Review and found this acquisition consistent with the
Metropolitan Bakersfield 2010 General Plan.
Property acquisition for the required right of way to construct the Morning Drive Interchange
Project is part of the TRIP program and is included in the grant funding for this project. The City
will be responsible for approximately 11% of the project cost, including right of way, and will be
reimbursed the remaining 89% by the State and Federal Highway Administration.
Admin - Purchase Agmt - Hort
7/26/2012
cW
A
O� +ree S
ADMINISTRATIVE REPORT
C Rr lu
7F
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 93. Y,
TO: Honorable Mayor and City Council
APPROVED
FROM: Jena Covey, Risk Manager DEPARTMENT HEAD
r
DATE: August 3, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement 10 -026 with York Risk Services Group, Inc. (York) (to
increase the contract by $84,000, revised not to exceed total of $459,000) to Adjust
Liability Claims Filed against the City of Bakersfield.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
For the past six (6) years, the City has contracted with York to adjust liability claims filed against
the City of Bakersfield.
The York contract expires on March 31, 2013, but the amount of the contract is not sufficient to
cover expenses through the end of the agreement. Due to an increase in the filing of complex
liability claims against the City and the temporary reduction of staffing in the Risk Division, as a
result of the Risk Manager position vacancy during the latter half of 2011, the average monthly
cost to adjust claims has surpassed original projections.
In 2010, the original projections to adjust liability claims were an average of a little less than
$10,500 per month. The actual average in the last twelve (12) months has been approximately
$13,200 per month. The amount of the contract will be exhausted in September 2012. In order to
ensure we have sufficient funding for the duration of the contract, it is necessary to increase the
amount of the contract for the remaining 6 months of the agreement.
Over the past six years, York personnel assigned to the City account have provided exceptional
adjusting services to City Departments and developed key relationships, especially with the City
Attorney and Police Department.
However, the City will be issuing a Request for Proposal in the coming months for liability claim
adjusting services, as this current three (3) year contract will terminate at the end of March 2013.
AC
y Bvoan S
ADMINISTRATIVE REPORT
'reiir nP
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: e. S
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: August 1, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 11 -099 with Vulcan Materialvcompany;
extending the contract term one year, and adding $6,000,000 (for a total not to
exceed amount of $12,000,000) to continue the supply of street materials. (City
Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On September 14, 2011, Council approved the Annual Contract for the supply
of street materials to Vulcan Material Company in the amount of $6,000,000; renewable
annually thereafter for four consecutive one -year periods.
If approved, Amendment No. 1 will add $6,000,000 for a revised not to exceed amount of
$12,000,000, and extend the term one year. Funds are budgeted in the departmental
operating accounts within the Water Enterprise and Gas Tax Funds. Approval of the
amendment will allow the City to continue to meet the demand to supply street materials.
Purchasing Division/ch
S:\PURCH\ADMIAMmendments 12 -13\AC for Street Materials Amendment #1 to Agreement 11 -099.docx
August 1, 2012, 8:22 A.M.
A
° ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: August 1, 2012
APPROVED
DEPARTMENT HEAD /" �
CITY ATTORNEY
CITY MAN
SUBJECT: Amendment No. 2 to Agreement No. 10 -144 with Ennis Paint, 066orporated
extending the term for one year and adding $150,000 (for a total not to exceed
amount of $348,221.31) to the Annual Contract for traffic paint. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On September 22, 2010, Council approved the annual contract for traffic
paint to Ennis Paint, Incorporated in the amount of $148,221.31; renewable annually thereafter
for four (4) consecutive one -year periods. On August 17, 2011, Council executed Amendment
No. 1 extending the term one year and adding $50,000 for a new not to exceed amount of
$198,221.21.
Currently there is $2,000 remaining on this contract. Increasing the contract amount $150,000
will allow the city to meet the street striping demands during the 2012/2013 fiscal year. If
approved, Amendment No. 1 will add $150,000 for a revised not to exceed amount of
$348,221.31 and will extend the term one year to expire in September 2013. Funds are
budgeted in General Services operating account Gas Tax Fund.
Purchasing Division /ch
&TURMADMIMAdmin 12- 13Wmendment #2 to Agreement 10 -144 Ennis Paint, Aug 15, 2012.doc
August 1, 2012, 10:10AM
{; BAKE
�I�ABPoRA Rs�
ADMINISTRATIVE -REPORT
LIFO
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 9. U
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD a t
DATE: August 1, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. RP 12-010 with Tony Cole M ryaq ng
$ 40,000 (for a total not to exceed amount of $80,000) for block wall repair. (City
Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: During February 2012, two departmental agreements were entered into for block
wall repair services. Each agreement was for an amount not to exceed $40,000. Establishing two
contractors in this manner was for the purpose of competitive bidding on a repair -by- repair basis.
Due to increased wall damage occurrences and Tony Cole Masonry most frequently submitting
the lowest prices for wall repair, it is necessary to increase the contract amount to continue
repairing block walls as needed.
To date, the City has made payments totaling $22,945 to Tony Cole Masonry, leaving an
available balance of $17,055. Recent wall damages will incur additional payments of
approximately $8,000 on this agreement. If approved, Amendment No. 1 will increase the
contract of $40,000 for a revised not to exceed amount of $80,000. This contract will be funded
within the General Fund. Approval of the amendment will allow the City to continue to meet the
City's needs for block wall repairs.
DH:jn
August 3, 2012, 9:53AM
C: \Users\sforsyth\NppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \NKSE91CGWmend 1_RP12- 010_Tony Cole
Masonry.doc
Ptl
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ?�BUL
DATE: August 1, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: 24th Street Improvement Projects (TRIP) (Ward 2). 7
1. Amendment No. 3 to Agreement No. 07 -224 with RBF Consulting, ($13 ,921;
revised not to exceed $2,836,828.00; 88.53% funded by federal moni s) for
engineering design services for the 24th Street Widening Project.
2. Amendment No. 3 to Agreement No. 07 -225 with RBF Consulting, ($83,420;
revised not to exceed $2,207,646.00; 88.53% funded by federal monies) for
engineering design services for the Oak and 24th Street Improvement Project.
RECOMMENDATION: Staff recommends approval of Amendments.
BACKGROUND: Both the 24th Street Widening Project and the Oak and 24th Street
Improvement Project are part of the Thomas Roads Improvement Program (TRIP) and together
are referred to as the 24th Street Improvement Projects. On July 18, 2007, two contracts were
executed with RBF Consulting to prepare the Environmental Document for the above -
mentioned projects.
Amendment No, 3 to these Agreements is needed for additional consultant work required due
to an unanticipated review process that was performed by Caltrans Headquarters (H9) Legal
and Environmental staff in Sacramento. As the Draft Environmental Document progressed,
Caltrans District 6 staff in Fresno identified the 24th Street Environmental Document as a
"complex" document; this designation required the document to be reviewed by Caltrans H9
staff. It was believed by Caltrans District 6 staff that the H9 review and resulting comments
would be minimal, and require little additional effort by the consultant. However, Caltrans H9
staff differed with some of the direction and commentary that had been provided by Caltrans
District 6 staff. As a result, several multi -day workshops were conducted over a three month
period to address all of the concerns. The additional work and time required for these
workshops and the effort needed to address the questions and comments of the H9 staff
were not originally anticipated by the consultant and included in their scope of work.
Staff recommends approval of the Amendments. Adequate funds have been budgeted to
pay for these Amendments, and there is no General Fund Impact associated with them.
Tri \u' l--• \(-,RCIIIPI)AT\ Ar)MINRPT \gnlg \(1R- 1F \RRF AmRnrl .'4 - 94th Straat Imnrnvamantc Arimin RF \/ rinr,.x
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8. W.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: August 2, 2012
SUBJECT: Contract Change Order Nos. 27 and 40
Paving Company, Inc. ($133,240.98; for
$29,357,454.67) for the Construction of the
(Ward 2).
APPROVED
DEPARTMENT HEAD 58u
CITY ATTORNEY
CITY MANAGER /
to Agreement No. 08 -214 with/ Security
a revised not to exceed amount of
Westside Parkway Phase I Project (TRIP)
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of the first phase of the Westside
Parkway project which includes the new construction and widening of Mohawk Street from
Rosedale Highway to Truxtun Avenue. The project includes bridges over the Kern River, the BNSF
railroad, as well as over the future Westside Parkway. The roadway includes provisions for on and
off ramp connections to the future Westside Parkway.
Change Order No. 27 provides for modifications to the utility openings in the Mohawk
Overcrossing Bridge abutments. This modification is due to the upsized casing for the water main
installed within the bridge. After the concrete abutments for this bridge were poured, there was
an increase in casing size requested by the City Water Department. The contractor had to
remove part of the concrete around the original opening to make enough space to fit the new
casing, and purchase additional materials to secure this larger casing to the abutment and to
install the water main inside the casing. This change order results in a net increase of $13,240.98.
Change Order No. 40 compensates the contractor for the additional installation of electric lines
and conduits for street lighting and traffic signals. These underground conduits and electric lines
were not included in the project construction plans; PG &E normally installs these service lines
which connect the street light systems and traffic signal systems to their facilities. But to expedite
the project, the City asked the project contractor to Instead install these conduits and electrical
lines. The cost to install these lines, whether installed by PG &E or the contractor, is a project
expense for which the City is required to pay. The contractor and City Construction Manager
could not agree on a fixed fee, so the work completed will be paid for by force account as the
extra work bills are submitted by the contractor and approved by City staff for payment. This`
change order results in a not to exceed increase of $120,000.00,
Tdw:G: \GROUPDATWDMINRPT \2012 \08- 15Wdmin Rpt CCO 27,40 WSP -1 A.docx
A
U p
ADMINISTRATIVE REPORT
Staff recommends approval of Contract Change Orders No. 27 and 40. Change Orders to date,
including these proposed Change Orders, total $1,629,234.86. This is a 5.88% increase over the
Agreement as illustrated below:
• Original Contract Amount = $ 27,728,219.81
• Previous Change Orders = $ 1,495,993.88
• Current Change Order Nos. 27 and 40 = $ 133,240.98
• Amended Contract Agreement after Change Orders = $ 29,357,454.67
Net Increase to dote = $ 1,629,234.86
Sufficient funds have been previously budgeted to pay for these contract change orders.
Tdw:G: \GROUPDAT\ADMINRPT \2012 \08- 15\Admin Rpt CCO 27,40 WSP -1 A.docx
oN4 D
ADMINISTRATIVE REPORT
IF
MEETING DATE: August 15, 2012 19TS SECTION: Consent Calendar
X.
TO: Honorable Mayor and City Council
APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD DI-0
DATE: August 2, 2012
CITY ATTORNEY
CITY MANAGER
SUBJECT: Reject bids for Beale and Saunders Parks Playground Rehabilitation. (Ward 2)
RECOMMENDATION:
Staff recommends rejection of all bids.
BACKGROUND:
Invitations to bid were sent to fifty -one (51) bidders for the Beale and Saunders Parks Playground
Rehabilitation. Five bids were received. All five were rejected. Three of the bids listed non -
specified products. One listed a non - certified subcontractor and one did not provide the dollar
value of work for each subcontractor. Staff will re- advertise the project in an effort to obtain an
acceptable bid.
kt
August 2, 2012, 2:47PM
SAADMINISTRATION DIVISIONAdmin Rpts \2012 Admins \Reject Beale Saunders Rehab Bids.doc
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: July 27, 2012 CITY ATTORNEY
CITY
SUBJECT: Extend Bid from Kovatch Mobile Equipment, Ontario, in the (dmodnt of
$523,534.50 for one (1) replacement Fire engine for the Fire Department.
(Citywide)
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: On February 15, 2012, Council accepted the bid from Kovatch Mobile
Equipment for the purchase of one (1) replacement fire engine. The specifications included a
provision whereby, the City may purchase additional units at the same per unit cost for an
additional seven (7) years, with price adjustments due to increases in the Producer Price Index
(PPI). Due to the close proximity of the original bid approval date, Kovatch Mobile Equipment
has agreed to extend their original bid price of $523,534.50 with no increase for this purchase
of an additional Fire engine.
Funds for this purchase are budgeted in the 2012 -2013 adopted budget within the Equipment
Management Fund. The fire engine scheduled for replacement is 17 years old and has
remained in service for 2 years beyond the recommended replacement date.
Purchasing Division/kb
S:\PURCHWDMINWdmin 12 -13 \1500 GPM Pumper Fire Apparatus, extension of bid 11- 12 -56, August 15, 2012.doc
July 27, 2012
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8, Z .
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: July 26, 2012
SUBJECT:
DEPARTMENT HEAD.
CITY J111
�q "
APPROVED
Extend Bid from Golden State Peterbilt, $2,864,008.98, for seven (7) replacements
and two (2) additional side - loading refuse trucks for the Public Works
Department, Solid Waste Division. (Citywide)
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: On September 22, 2010, Council accepted the bid from Golden State
Peterbilt, Bakersfield for the purchase of one (1) side loading refuse truck. The bid
specifications included a provision whereby, the City may purchase additional units at the
same per unit cost for an additional seven (7) years, with price adjustments due to increases in
the Consumer Price Index (CPI). Golden State Peterbilt has offered to extend their bid price
with a 4% increase which is below the 7.5`Tb fluctuation since the original bid was approved.
The adjusted unit price will be $318,223.22 for a total of $2,864,008.98 for this purchase of nine
(9) units.
Funds for this purchase are in the FY 2012 -2013 adopted budget within the Equipment
Management Fund. The seven (7) units scheduled for replacement are beyond their life
expectancy and have increased repair costs associated with them. The two (2) additional
units will be utilized in the curbside recycling program.
Purchasing Division /kb
&VURMADMINWdmin 12- 13\Side Loading Refuse Truck, extension of bid 10- 11 -26, August 15, 2012.doc
July 27, 2012
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DATE: July 27, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Extend Bid from Berchtold Equipment Company, Bakersfield, $88,872.21 for one
(1) additional backhoe loader for the Water Resources Department. (Citywide)
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: On April 18, 2012, Council accepted the bid from Berchtold Equipment
Company for the purchase of one (1) backhoe loader. The specifications included a provision
whereby, with the written approval of both the bidder and the City, the City may purchase
additional units at the same per unit cost within one year after acceptance of the original bid.
Berchtold Equipment Company has indicated their approval of extending the unit cost of
$88,872.21 for one (1) backhoe loader.
Funds for the purchase are budgeted in the FY 2012 -13 adopted budget within the Equipment
Management Fund. The additional backhoe loader was authorized in the 2012 -13 budget
and will allow City staff to better maintain drainage basins and canals.
Purchasing DivisionAb
SVURMADMINWdmin 12- 13\Backhoe Loader, extension of bid 11- 12 -72, August 15, 2012.doc
July 27, 2012
MEETING DATE: August 15, 2012 Ign, SECTION: Consent Calendar
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD__l
DATE: July 27, 2012 CITY ATTORNEY
CITY
SUBJECT: Extend bid for four (4) replacement four door police special sedans:
1. Extend bid from Jim Burke Ford, Bakersfield, in the amount of $91,986.48
for four (4) replacement four door police special sedans for use by the
Police Department. (Citywide)
2. Transfer and appropriate $57,536 Self Insurance Fund Balance to the
Equipment Management Fund Operating Budget.
3. Appropriate $34,450.48 Fund Balance to the Equipment Management
Fund Operating Budget.
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: On July 18, 2012, Council accepted the bid from Jim Burke Ford, Bakersfield
for the purchase of twenty seven (27) police special sedans. The specifications included a
provision whereby, with the written approval of both the bidder and the City, the City may
purchase additional units at the same per unit cost within one year after acceptance of the
original bid. Jim Burke Ford has indicated their approval to extend the unit cost of $22,996.62
for an additional four (4) police special sedans.
Over the past several months four (4) police special sedans were involved in traffic accidents
and have been declared "total loss" by an outside appraiser. Funding for the replacement of
the four (4) police special sedans is designated as follows: $57,536 from the self- insurance
fund, with the balance of $34,450.48 from the equipment management fund.
Staff recommends extension of bid and authorization of the appropriation and transfer.
Purchasing Division/kb
& PURCHWDMINWdmin 12 -13 \Four Door Police Special Sedans, extension of bid 11- 12 -97, August 15, 2012.doc
July 30, 2012
BA
� r
0
..L* ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8. cc.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD SILu
DATE: July 31, 2012 CITY ATTORNEY ✓
CITY MANAGER
SUBJECT: Accept bid and approve contract to Bowman Asphalt, Inc. ($412,412. f the
Hosking Avenue at Wible Road Street Improvements Project (Ward 7).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: Currently, there is one eastbound lane and one westbound lane along
Hosking Avenue between Aspen Creek Drive and Granite Peak Street. This project will widen
the following segments on Hosking Avenue to alleviate traffic congestion: the northeast corner
of Hosking Avenue at Wible Road to ultimate width, the northwest corner of Hosking Avenue
at Wilbe Road to accommodate one additional lane, and the south side of Hosking Avenue
from Aspen Creek Drive to Wible Road to accommodate one additional lane. These three
segments of roadway widening will allow two travel lanes in the eastbound direction along
with two travel lanes in the westbound direction. This project is funded with Transportation
Development funds. The Engineer's Estimate for this construction contract was $542,000.
Sufficient funds are budgeted to award the contract.
On July 18, 2012, a total of six bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Bowman Asphalt, Inc.
3527 Brian Way
Bakersfield, CA 93308 (County) in the amount of $412,412.00
Griffith Company
1 128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County) in the amount of $426,996.00
Security Paving Company
9050 Norris Avenue
Sun Valley, CA 91352 in the amount of $472,705.44
Granite Construction
585 W. Beach Street
Watsonville, CA 95076 in the amount of $476,521.00
PW /Design Engineering 1nsg/T2K247
8/1/2012 9:49 AM
G:IGROUPDATWDMINRPT\2012 \08 -15 \Hosking Ave at Wible Rd Street Improvements. docx
ADMINISTRATIVE REPORT
Burtch Construction
18815 Highway 65
Bakersfield, CA 93308 (County)
D.O.D Construction
3501 Edison Highway
Bakersfield, CA 93307 (County)
in the amount of $493,262.21
in the amount of $638,800.20
PW /Design Engineering /nsg
8/1/2012 9:49 AM
G: \GROUPDATWDMINRPT \2012 \08- 15 \Hosking Ave at Wible Rd Street Improvements.docx
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: tq , dj ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 1, 2012
DEPARTMENT HEAD
CITY ATTORNE'
CITY MANAGE
APPROVED
Accept bid and approve contract to Griffith Company ($586,586.00)1'f6r Pa4ement
Rehabilitation 2012 Phase I: Harris Road from Ashe Road to Summer Springs Drive
Project (Ward 6).
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: This project consists of rehabilitating the existing structural section of the
pavement, constructing access ramps, curb, and gutter, and installing pavement marking
and striping. This project is 88.53% federally funded through the Regional Surface
Transportation Program (RSTP) and 11.47% locally funded through Gas Tax funds. There is no
General Fund impact associated with this project. The Engineer's Estimate for the project is
$720,000.
On July 3, 2012, three bids were received; two of the bids are acceptable. Those acceptable
bids are as follows:
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County)
Granite Construction Company
585 West Beach Street
Watsonville, CA 95077
in the amount of $586,586.00
in the amount of $662,867.00
RSTP funds fall under the jurisdiction of the Federal Highway Administration (FHWA). Recipients
of FHWA funds must comply with the Disadvantaged Business Enterprise (DBE) Program as
defined by federal regulations. Caltrans is the primary recipient of FHWA funds for the State of
California. As a subrecipient of FHWA funds, the City implemented the Caltrans'
Disadvantaged Business Enterprise Program. The DBE Program ensures that DBEs, as defined by
specific federal regulations, have an equal opportunity to receive and participate in FHWA-
assisted contracts.
Specific contract goals are required for Underutilized DBEs (UDBEs). The contract goal for this
project was set at 13% in accordance with Caltrans' methodology. A prime contractor must
Jc
pw /design engineering/T2K227
August 2, 2012, 9:02AM
G: \GROUPDAT\ADMINRPT\2012 \08 -15 \Pavement Rehabilitation 2012 Ph 1- Harris Rd.doc
ADMINISTRATIVE REPORT
either meet the UDBE goal or document that adequate good faith efforts were performed. A
mandatory pre -bid meeting was held for potential prime contractors in which the
requirements of the DBE Program were discussed.
The apparent low bidder did not meet the goal and the bidder's good faith effort was
deemed inadequate by the DBE Oversight Committee. The DBE Oversight Committee is made
up of three city staff members, inclusive of the City Attorney's Office. This contractor was
notified of the Committee's decision and was advised that they had the option of appealing
to the DBE Reconsideration Committee. The Reconsideration Committee consists of the Public
Works Director and the Assistant Public Works Director. The apparent low bidder did choose to
appeal to the Reconsideration Committee. The Reconsideration Committee reviewed the
good faith efforts documentation and met with the contractor. The contractor's good faith
efforts were deemed inadequate by the Reconsideration Committee.
The apparent second low bidder, Griffith Company, met the UDBE goal.
Sufficient funds are budgeted to award this contract.
Jc
pw /design engineering/T2K227
August 2, 2012, 9:02AM
G: \GROUPDATWDMINRPT\2012 \08 -15 \Pavement Rehabilitation 2012 Ph 1- Harris Rd.doc
o� tW4,
ADMINISTRATIVE REPORT
,.y,.*
LIFO
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 93, ce
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEADl at h-
DATE: August 1, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Mill Creek Linear Park - Mill House (Ward 2):
1. Accept bid and approve contract to Brown and Fowler Construction Inc.
($882,000.00) for Mill House project.
2. Transfer $273,149 from the Sister City Garden Phase B Project to the Mill House
Project within the Successor Agency Proposition 1 C Grant Fund.
RECOMMENDATION: Staff recommends acceptance of base bid and approval of contract
and transfer.
BACKGROUND: This project consists, in general, of constructing a replica Mill House including
an operational water wheel, sluiceway, tailrace completion, and an electric generation
system. This project will be part of the Mill Creek Linear Park. The Engineer's Estimate for the
project is $746,021.
On July 26, 2012, three bids were received; two of the bids are acceptable. Those acceptable
bids and amounts are as follows:
Brown & Fowler Construction Inc.
3008 Antonino Avenue
Bakersfield, CA 93308 (County)
JTS Construction
7001 McDivitt Drive, Suite B
Bakersfield, CA 93313 (City)
in the amount of $882,000.00
in the amount of $885,000.00
One bid was deemed non - responsive as the bid exceeded the subcontracting limitation of
the bid documents. Prime contractors are required to perform at least 30% of the construction
work.
Economic and Community Development staff successfully applied for a $432,450 Housing
Related Parks State grant for the Sister City Garden Phase B project. Therefore, staff requests to
transfer a portion of the remaining Prop 1 C funds previously allocated for the Sister City Phase
Jc
pw /design engineering /POC121
August 2, 2012, 1:23PM
G: \GROUPDAT\ADMINRPT\2012 \08 -15 \Mill House.doc
ADMINISTRATIVE REPORT
B project to the Mill House project. This transfer is allowed under the Prop 1 C guidelines. There is
no General Fund impact associated with this project.
JC
pw /design engineering /POC121
August 2, 2012, 1:23PM
G: \GROUPDATIADMINRPT\2012 \08 -15 \Mill House.doc
F A
s
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul Rojas, Public Works Director
August 1, 2012
APPROVED
DEPARTMENT HEAD Utk
Atfff_A!i1 *JX14
CITY MANAGE
Landscape Improvements within Existing Median Islands Phase I: 1
2) McCutchen Road, and 3) Stine Road (Wards 6 and 7):
1. Accept base bid and approve contract to Clean Cut Landscape Company
($249,936.00) for project.
2. Appropriate $60,000 Developer Share Project Cost to the Public Works
Department's Capital Improvement budget within the Capital Outlay Fund.
RECOMMENDATION:Staff recommends acceptance of low bid, and approval of contract and
appropriation.
BACKGROUND: At the September 14, 2011 Council meeting, $936,000 of developer in -lieu median
fees were appropriated to fund additional median island landscape improvements at eight
specific project sites throughout the City. Tonight's agenda item recommends award of bid for
the following three project sites:
1. Ashe Road, Harris Road to SJVRR tracks (Ward 6)
2. McCutchen Road, Dazzle Lane to Stine Road (Ward 6)
3. Stine Road, north and south of Ambrister Drive (Wards 6 & 7)
The remaining five project sites are anticipated to be awarded by December 2012.
As background, developers are required to construct median island improvements or pay an in-
lieu median island fee. These in -lieu fees are used by the City to construct and landscape
median islands. The appropriation of $936,000 at the September 14, 2011 Council meeting
appropriated in -lieu median fees to install landscape improvements at several locations
throughout the City where the hardscape improvements have already been installed, but
landscaping has not been completed. Normally, the trust fund, where payments are held until
the other half of the street develops, is used for site - specific instances. There are cases, however,
where due to canals, older development, and related conditions, the 'other side' will never be
developed. Therefore, we are necessarily using some of the balance in the trust for problematic
areas that need attention, but are not likely to be done under 'normal' circumstances.
PW /Design Engineering /JF- T2K226
August 1, 2012, 4:53PM
G:\ GROUPDAT\ADMINRPT\2012 \08 -15 \LS Imp within ex median islands Ph Ldoc
ADMINISTRATIVE REPORT
This project is funded with in -lieu development fees. Annual maintenance of the landscape
improvements will be funded through the Consolidated Maintenance District. Only parcels within
the benefit area for the above improvements will be assessed annually on the tax roll. Therefore,
there is no General Fund impact associated with this project.
On July 18, 2012, four bids were received; all of those bids are acceptable. Those bids are as
follows:
Clean Cut Landscape Company
8406 N. Armstrong
Clovis, CA 93619 in the amount of $249,936.00
American Landscape, Inc
7013 Owensmouth Avenue
Canoga Park, CA 91303 in the amount of $279,013.40
Rock Bottom, Inc.
2724 Landco Drive
Bakersfield, CA 93308 (County) in the amount of $328,821.96
Kern Pacific Construction, Inc
4001 Patton Way # 11
Bakersfield, CA 93308 (City) in the amount of $425,106.00
A total of $233,100 was appropriated for these three specific projects at the September 14, 2011
Council meeting. Additional funds are requested for contract award, for potential change
orders, inspection costs, and other miscellaneous costs.
PW /Design Engineering /JF- T2K226
August 1, 2012, 4:53PM
G: \GROUPDAT\ADMINRPT\2012 \08 -15 \LS Imp within ex median islands Ph l.doc
AK
OFy,pVORA S
ADMINISTRATIVE REPORT
1
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
August 7, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY 16-
CITY MANAGER
City Positions on 2012 Proposed League of California Cities' Resolutions
RECOMMENDATION:
Staff recommends acceptance of recommendations.
BACKGROUND:
The Legislative and Litigation Committee traditionally reviews the proposed League of
California Cities resolutions to be considered at the Annual Conference and takes a position
to support, oppose, or remain neutral each resolution. However, since the Committee was not
scheduled to meet in August, the Chair directed the City Manager and City Attorney to
review the five proposed resolutions issued by the League and forward their recommendations
directly to the City Council for Council direction. The resolutions, as approved by the General
Assembly at the Annual Conference, will provide policy guidance for the League during the
upcoming year.
The guidelines issued by the League state, in part, that only issues having a direct bearing on
municipal affairs should be considered, and that the issue is not of a purely local or regional
concern. Based on those criteria, the recommendations of the City Manager and City
Attorney, with consultation from appropriate staff, are as follows:
• Resolution Encouraging California Cities to Oppose the
California Desert Protection Act of 2011 Neutral
• Resolution Requesting Consideration of Suspension of
Implementation or Revision of the California Global Warming
Solutions Act Neutral
• Resolution Calling Upon the Governor and Legislature to Enact
Legislation that Would Correct Inefficiencies in the Audit System,
Distribution System and Inequities in the Formulas for Distributing
Court Ordered Arrest and Citation Fines, Fees, and Assessments
Generated by Local Government Support
August 7, 2012, 4:08PM
RKS
BA
OFw,ptvoe�r Ri$�
ADMINISTRATIVE REPORT
gLIFO
• Resolution of the League of California Cities Raising Public
Awareness and Supporting Tougher Laws Related to Internet
Crimes Against Children Support
• Resolution Calling for an Emergency Management Mission
for California Cities Neutral
The City Manager and City Attorney are forwarding these recommendations to Council for
approval and direction to the City's Conference Voting Delegate to vote accordingly. The
resolutions packet, which includes further detail of each resolution is attached with this
Administrative Report for the Council's reference.
As the City's representative, the Voting Delegate, has the authority to forward the Council's
agenda, as proposed resolutions may change during the course of the Annual Conference, in
keeping with the Council's historical directive.
August 7, 2012, 4:08PM
RKS
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: g,
TO: Honorable Mayor and City Council
FROM: Phil Burns, Building Director DEPARTMENT HEAD
DATE: July 27, 2012 CITY ATTORNEY
CITY MANAGE
SUBJECT: Appropriate $47,133.00 State Grant Revenue for the Waste Tire E
Program to the Development Services Operating Budget in the G
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
it Grant
d.
The City has received a $47,133.00 grant from the California Department of Resources, Recycling
and Recovery for waste tire enforcement. The grant will offset funding for Code Enforcement
staff time directly related to the development, monitoring and implementation of a program to
educate tire dealers and auto dismantlers of their responsibilities as waste tire generators and
reduce the illegal disposal of waste tires.
S: \Dana \ADMINS \2012 \AUG \admin_tiregrant (2).doc
BAK
ADMINISTRATIVE REPORT
gLIFO
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: g. if.
TO: Honorable Mayor and City Council APPROVED
FROM:
Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEA
DATE: July 30, 2012
SUBJECT:
CITY ATTORNE
CITY MANAGE
Appropriate $3,000 contribution from Bill Wright Toyota to the Recilea
Department's Operating Budget within the General Fund to
sponsorship opportunities at the Mesa Marin Sports Complex (Ward 3).
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
Lion land Parks
allow banner
The Recreation and Parks Department promotes sponsorship opportunities for the Mesa Marin
Sports Complex, one of which is a Banner Sponsorship. This program allows interested businesses
and other organizations the opportunity to promote their agencies via a 4'x8' vinyl banner that is
displayed on an outfield fence for one year. The sponsorship cost per banner per year is $750.
Bill Wright Toyota would like to sponsor four (4) banners, one for each field, for a total sponsorship
amount of $3,000. The actual cost to purchase each 4'x8' vinyl banner is approximately $150. The
amounts received above the banner costs will be used for operating costs at the Mesa Marin
Sports Complex. Staff recommends approval of appropriating $3,000 into Recreation and Parks
Department's Operating Budget within the General Fund.
DH:jn
July 31, 2012, 9:04AM
C: \Use rs\sforsyth\NppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \NKSE9ICG \Banner Sponsor_Toyota.doc
�J
I�
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2012 I AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: August 3, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $88,740.00 State Grant Revenues [FY2012 -13 Grant Assistd1hce teneral
gram
(GAP) from the State Office of Alcoholic Beverage Control (ABC)] to the
Fund Police Operating Budget, to fund overtime for the BPD vice division to
conduct minor decoy, shoulder tap operations, and provide ABC training.
RECOMMENDATION: Staff recommends approval of the proposed resolution.
BACKGROUND:
The City of Bakersfield has received notification from the ABC that a grant in the amount of
$88,740.00 has been awarded to the BPD under the Grant Assistance Program (GAP). The grant
funds under the ABC GAP program will fund, in part, the joint operations of the BPD / Kern
County Sheriff's Office Joint Vice Task Force (JVTF) to conduct undercover surveillances and
investigations; and conduct minor decoy and shoulder tap operations.
On June 27, 2012, the City Council accepted the grant funds by Resolution 066 -12, to complete
the grant application process. The Bakersfield Police Department now requests that the grant
funding be appropriated into the General Fund Police Operating Budget for ABC grant
operations.
DWB
P: \BPD\ADMIN RPTS\ADMIN RPTS FY 12- 13\ADMIN RPT - (07- 18 -12) 2012 -13 ABC GAP GRANT (12G- LA05).docx
7/9/2012 1:27 PM Page 1 of 1
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2012 I AGENDA SECTION: Consent Calendar
ITEM: 81k.
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD C�?
DATE: August 3, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $160,568.00 Federal Grant Revenues (2012 JAG /Byrne Loc I Grant
from the Bureau of Justice Assistance) to the General Fund Police Operating Budget, to
provide training and equipment to develop a Citizen's Patrol Academy.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
On May 9, 2012, the City Council adopted Resolution 034 -12 authorizing the Police Department
to apply for the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of
Justice. The Police Department was subsequently awarded a grant in the amount of $160,568.00.
"The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751 (a)) is the
primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds
support all components of the criminal justice system."
The Bakersfield Police Department (BPD) will be using this JAG /Byrne grant to develop,
implement and equip a Citizen Volunteer Unit (CVU). Once trained and equipped, the CVU can
be utilized to augment clerical duties in Crime Prevention, Traffic, Records, Property and
Investigations. The CVU will also be trained to assist in a variety of community functions,
including: assisting with animal control, camera monitoring, neighborhood watch, citizen patrols,
and traffic control.
An appropriation of $160,568.00 Federal Grant Revenues to the General Fund Police Operating
Budget is requested to fund overtime to hold two (2) Citizens Volunteer Academies, purchase
two (2) mid -size sedans, two (2) small pick -up trucks, radios, uniforms and miscellaneous
equipment.
db Page 1 of 1
A
��ycoaroa�rEgs
� ♦ CA
ADMINISTRATIVE REPORT
c arn♦
LI
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8.)1.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: August 3, 2012 CITY ATTORNEY
CITY MANAGE
SUBJECT: Accept a $1,000 grant donation from Target; and appropriate the $1,060 c
to the Police Department operating budget in the General Fund to support the BPD's <
Prevention message at the 2012 National Night Out on August 7, 2012.
144 —TO] 1 V 41110 11Lam]
Staff recommends acceptance of the grant money and the appropriation.
BACKGROUND:
tribution
ne
Target is deeply committed to extending a hand of partnership to law enforcement and criminal
justice organizations. As part of this commitment, Target established the Law Enforcement Grant
Program in 1990 to provide grants to law enforcement agencies serving the community.
The Bakersfield Police Department has been awarded a $1,000 grant to provide educational
materials, crime prevention promotional items and food /drinks at the 2012 National Night Out
Against Crime on Tuesday August 7th at Central Park at Mill Creek from 6 p.m. to 9 p.m.
"National Night Out Against Crime" is the nation's largest annual crime prevention event with
over 14,625 communities from all fifty states participating with their local law enforcement
agencies. The event is designed to heighten crime and drug prevention awareness; generate
support for the participation in local anti -crime efforts; strengthen neighborhood spirit and police -
community partnerships throughout the city; and send a message to criminals letting them know
neighborhoods are organized and fighting back.
Therefore, an appropriation of $1,000.00 to the General Fund Police Operating Budget is
requested to utilize grant funding from Target Corporation.
DB Page 1 of 1
UBAK�
� OS rconrox „f �5,��
ADMINISTRATIVE REPORT
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: August 3, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept a State Farm "Celebrate My Drive” grant, in the amount of $5,000; and
appropriate the $5,000 contribution to the Police Department operating budget in
the General Fund to develop brochures and purchase promotional handouts to
bring awareness of the dangers of texting while driving to Bakersfield teen drivers.
RECOMMENDATION:
Staff recommends the acceptance of the grant money and the appropriation.
BACKGROUND:
The Bakersfield Police Department (BPD) has been awarded a "Celebrate My Drive" grant in the
amount of $5,000.00 from State Farm Mutual Automobile Insurance Company. The Police
Department will use this grant to develop brochures and purchase promotional handouts for the
"Celebrate My Drive" educational campaign to bring awareness of the dangers of texting while
driving to Bakersfield teen drivers.
According to the National Highway Traffic Safety Administration, text messaging creates a crash
risk 23 times worse than driving while not distracted. Sending or receiving a text takes a driver's
eyes from the road for an average of 4.6 seconds; the equivalent, at 55 mph, of driving the
length of a football field.
The BPD's Crime Prevention Unit will be talking to teens attending the "Celebrate My Drive" event
on September 15, 2012 regarding distracted driving and the dangers of texting. The Crime
Prevention Unit will also distribute educational materials and promotional handouts to remind
them not to text and drive.
Remaining handouts and educational materials will be distributed throughout the high schools in
conjunction with other presentations regarding the dangers of distracted driving throughout the
year.
Therefore, an appropriation of $5,000.00 to the General Fund Police Operating Budget is
requested to utilize grant funding from State Farm Mutual Automobile Insurance Company.
db Page 1 of 1
MEETING DATE: AUGUST 15, 2012 AGENDA SECTION: Successor Agency
ITEM: L3, fill,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
July 5, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER___
Receive and file successor agency payments from July 6, 2012 to August
2012 in the amount of $1,665,811.45.
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G \ADMIN SA \COUNCIL- ADMIN- SA- 2013\ADMIN —SA 08- 15- 12.doc
MEETING DATE: August 15, 2012 AGENDA SECTION: Hearings
ITEM: q. CL .
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: July 31, 2012
APPROVED
DEPARTMENT HEAD ve,
CITY ATTORNEY
CITY MANAGE
V/
SUBJECT: Public hearing on Resolution of Necessity to determine the public int46st nd
necessity for acquisition of certain real property located at State Route 17 at
Morning Drive, Bakersfield, California (APN 531 - 011 -06; Previously 531 - 010 -25)
by eminent domain for the new Morning Drive /SR 178 Interchange. (TRIP)
(Ward 3)
NOTE: City council previously adopted a RON related to the Property, defined below, and a
revision of that RON is necessary to clarify the legal description of the Interests being acquired.
The attached RON clarifies the legal description.
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 531 - 011 -06, previously 531 - 010 -25 (the "Property "). The Property is generally located in
the northeast quadrant of the Project as reflected on the map attached to the RON and is
owned by Promotora Jardines del Eden Corporation. The Property is approximately 8,879 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 both fee simple and easement
interests 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.
AHM SA COUNCIL\ Admins \12- 13 \ RON Admin- Promotora.Docx
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar - Hearings
ITEM: 9 , L.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jim Eggert, Planning Director
July 13, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY /I
CITY MANAG
General Plan Amendment /Zone Change 12 -0085 (Ward 2)
The City of Bakersfield proposes a general plan
on approximately one acre located along the
V Street and the Kern Island Canal.
amendment and zone change
north side of 20th Street between
Resolution approving the general plan amendment changing the land
use designation from LI (Light Industrial) to MUC (Mixed Use Commercial).
2. First reading of ordinance amending Title 17 of the Municipal Code by
changing the zone district from M -1 (Light Manufacturing) to C -C
(Commercial Center).
RECOMMENDATION:
Staff recommends adoption of the resolution, and first reading of the ordinance.
BACKGROUND:
The project consists of three parcels east of Central Park in downtown Bakersfield. Most of the
property is owned by the City of Bakersfield (approximately 0.83 acres) and is undeveloped. A
neighboring parcel to the west is also included in the proposal, which contains a water well
site owned and operated by the California Water Service Company.
The project site is currently designated and zoned for light industrial development. The City
initiated the change to allow future development of a low income veteran's housing project
on the 0.83 acre site. This project would be a continuation of the housing envisioned along
the Mill Creek Linear Park.
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on June 21 2012, and recommended approval to the City
Council. No individuals or agencies were present at the hearing that opposed 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.
JE:dl \S: \GPAs \GPA 2nd 2012 \12 - 0085 \Admin SR \CC.doc
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar - Hearings
ITEM: , C
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: July 13, 2012 CITY ATTORNEY
Cii7
SUBJECT: General Plan Amendment /Zone Change 12 -0124 (Ward 4)
Marino /Associates, representing Todd Sweaney, the property owner, proposes a
general plan amendment and zone change on 18.15 acres, located along the
north side of Snow Road approximately 800 feet east of Jewetta Avenue.
Resolution approving a Negative Declaration and approving the general
plan amendment changing the land use designation from SR (Suburban
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 E (Estate) to C -2 /PCD (Regional Commercial /Planned Commercial
Development).
RECOMMENDATION:
Staff recommends adoption of the resolution, and first reading of the ordinance.
BACKGROUND:
The project site is located along the north side of Snow Road, approximately 800 feet east of
Jewetta Avenue. The proposal is to change the land use designation and zoning to
accommodate development of a 368,647 square foot self- storage facility. It is anticipated that
the project will be constructed in three phases. The first phase includes an on -site manager's
residence /office, landscaped street frontage, storage buildings along the south quarter of the
site and the entire perimeter, and a temporary storage area for recreational vehicles with
portable carports over a thick gravel dust binder.
The Planning Commission conducted a public hearing regarding this General Plan Amendment
and Zone Change on June 21, 2012, and recommended approval to the City Council.
Six individuals spoke in opposition to the proposed site plan for the self- storage facility. They
expressed concerns relating to compatibility with their neighborhood (having a self- storage
facility adjacent to residential homes and agricultural lands) and potential traffic issues. City
staff explained that conditions have been added to the project requiring roadway and
frontage improvements, and payment of traffic mitigation fees to reduce any potential traffic
ADMINISTRATIVE REPORT Page 2
impacts. There were additional concerns regarding the proposed 8 -foot high stucco wall that
will surround the facility's perimeter. The adjacent property owners indicated that the wall
would not be aesthetically pleasing and would attract graffiti. They requested landscaping to
screen the stucco wall from their view.
Since review of the development plan (PD Review 12 -0124) is a separate action independent
of the general plan amendment and zone change, it was removed from consideration by the
Commission to allow the applicant time to meet with the neighboring property owners to
discuss suitable landscaping to screen the stucco wall. The parties have since met and have
agreed to a landscape design that addresses the concerns. The revised development plan will
be considered by the Commission at a public hearing on September 6, 2012.
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 include traffic, air
quality, greenhouse gas emissions and cultural resources. As a result of those studies,
associated mitigation measures are proposed for this project. The applicant has agreed to all
conditions and mitigation for the project.
JE /dl /S: \GPAs \GPA 2nd 2012 \12 -0124_ PDR 12- 0145 \Adm1nSR \CC 1st read.doc
MEETING DATE: August 15, 2012 AGENDA SECTION: Consent Calendar - Hearings
ITEM: q. d.
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: July 13, 2012 CITY ATTORNEY ,
CITY
SUBJECT: General Plan Amendment /Zone Change 12 -0144 (Ward 5)
Pinnacle Civil Engineering, Inc., representing Buena Vista Land Co., LLC, the
property owners, has applied for a general plan amendment and zone change
on 28.12 acres generally located at the southeast corner of Buena Vista Road
and Panama Lane.
Resolution adopting the Negative Declaration and approving the
general plan amendment changing the land use designation from LR
(Low Density Residential) to GC (General Commercial).
2. First reading of ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code by changing the zone district
from R -1 (One Family Dwelling) to C -2 (Regional Commercial).
RECOMMENDATION:
Staff recommends adoption of the resolution and first reading of the ordinance.
BACKGROUND:
The applicant proposes amendments to the Metropolitan Bakersfield General Plan Land Use
Element and City of Bakersfield Zoning Ordinance to accommodate retail commercial
development that will include approximately 200,000 square feet of floor area. There is
currently a conditional use permit on the project site for a 2 -acre (edible) garden with
classrooms and a kitchen that provides agricultural education and nutritional food
preparation lessons to elementary school children. According to the applicant, the proposed
retail market place will be an outlet for local people to sell their farmed goods and the existing
educational garden on the project site will remain; the proposal will facilitate commercial
development that would incorporate the area already developed with an educational
(edible) garden and associated facilities.
Urban development has built up in the project vicinity including single family housing to the
north and east of the project site and an elementary school to the west. The project site is
currently vacant, except for the education garden on the western portion. There are
approved tentative tract maps located southwest of the project site but these sites remain
undeveloped.
ADMINISTRATIVE REPORT
Page 2
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on June 21, 2012, and recommended approval to the City
Council. No one spoke in opposition to 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 May 24, 2012, in accordance with CEQA.
CG - S: \GPAs \GPA 2nd 2012 \12 - 0144 \CC 1 st read.doc
ADMINISTRATIVE REPORT
MEETING DATE August 15, 2012 AGENDA SECTION: Closed Session
ITEM: /D. a.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: August 6, 2011
APPROVED
DEPARTMENT HEAD Ve'
CITY ATTORNEY V9
CITY MANAGER 49,af
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
S: \COUNCIL \CI Sess\ Admins \12- 13 \8- 15- 12LaborNeg.docx
A
O��eo$FOR,,RO S
U O
S
IT
IF
ADMINISTRATIVE REPORT
MEETING DATE August 15, 2012 AGENDA SECTION: Closed Session
ITEM: 10. b,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: August 2, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER fiT/
SUBJECT: Conference with Legal Counsel — Initiation of Litigation
Closed session pursuant to subdivision (c) of Government Code section 54956.9
(one potential case).
VG:Isc
S: \COUNCIL \CI Sess\ Admins \12- 13 \8- 15- 121nitLit.docx
ADMINISTRATIVE REPORT
MEETING DATE August 15, 2012 AGENDA SECTION: Closed Session
ITEM: 10, & ,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: April 24, 2012
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER j//
SUBJECT: Conference with Legal Counsel — Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• Mohamad Harb, et al. v. City of Bakersfield, et al.
KCSC Case No. S- 1500 -CV- 265887 SPC
VG:Isc
&WOUNCIL\CI Sess\ Admins \11- 12 \8- 15- 12ExistUt.docx
caVOeAl s1
ADMINISTRATIVE
REPORT
IF
MEETING DATE: August 15, 2012 AGENDA SECTION: REPORTS
ITEM: 13
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: August 3, 2012
SUBJECT: Update on Curbside Recycling Implementation
RECOMMENDATION:
APPROVED
DEPARTMENT HEAD I) !0 14L
I —
CITY ATTORNEY
CITY MANAGER
BACKGROUND: The Public Works Director will present a report on the phased implementation of
the citywide curbside recycling program.
x
G: \GROUPDAT \ADMINRPT \2012 \08 -15 \Curbside Recycling Report
A
A
U C7
r
ADMINISTRATIVE REPORT
MEETING DATE: August 18, 2012 AGENDA SECTION: Reports
ITEM: 13 • b.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: August 7, 2012
SUBJECT: Animal Care Services
DEPARTMENT HEAD
CITY ATTORNEI
CITY MANAGE
APPROVED
1. Approval of Agreement with the County of Kern for Animal Care Services from
July 1, 2012 through June 30, 2013 in the amount of $740,000 plus a capital
improvement contribution of up to $100,000; and for the Lease of Real Property,
located at 201 South Mount Vernon Avenue, to the County.
2. Vice Mayor's appointment of two Councilmembers to serve on a newly
established Joint City /County Animal Control Committee.
RECOMMENDATION: Staff recommends Council approve the Agreement and the Vice Mayor
appoint two members of the City Council to the newly created Joint City /County Animal Control
Committee.
OVERVIEW: This Agreement combines the terms and conditions of the City's operational
arrangement with the County of Kern for the sheltering and care of unwanted or abandoned
City animals at the Mt. Vernon Animal Shelter, as well as the terms and conditions of the County's
lease of the land the Mt. Vernon Shelter sits on from the City. In addition to the operational and
lease provisions, this Agreement also includes a number of joint City /County commitments which
are to be undertaken during the term of this Agreement. These commitments are intended to
facilitate both short -term improvements to the Mt. Vernon Animal Shelter /operation and to
develop a long -term plan and structure for the operation of a new and improved joint
City /County animal control program in the Metropolitan Bakersfield area. Below are the main
highlights of this Agreement:
Operational Com og nent:
• TERM - July 1, 2012 through June 30, 2013;
• COMPENSATION - City will pay the County $740,000 for services provided;
• Provides for the continuation of the current sheltering arrangement, including the County's
use of the City owned "adoption center" through June 30, 2013.
ST
Page 1
S: \Admin Rpts \2012 \ADMIN RPT - (8- 15 -12) Animal Care Agreement with County of Kern.docx
Lease Component:
• This Agreement supersedes the current lease and the County's April 24, 2012 termination
of the Lease.
• The lease provisions included in the Agreement provide the County with the some use and
rights as they have previously enjoyed through June 30, 2013.
Short -Term Improvements:
• The City and County will jointly invest up to $100,000 each for improvements to the Mt.
Vernon Shelter facility designed to immediately improve the care and wellbeing of
sheltered animals, as well as to improve the shelter experience for the public;
• The City and County will invest in the development of new, and the expansion of, existing
proactive programs to help reduce the amount of animals that are taken to the shelter
each year. These programs may include, but are not limited to, increasing licensing
compliance, development of a low -cost microchipping program, promotion of low -cost
spay /neuter options, and development and support of special adoption events.
Lona -Term Plan Development:
• The City and County will use the term of this Agreement to develop a plan for a long -term
equitable structure which will provide for an improved joint animal control shelter
operation for the Metropolitan Bakersfield area. A Joint Powers Authority structure will be
developed to further this goal;
• The City and County will form a joint City /County working group comprised of appropriate
staff members from both agencies to conduct research and evaluate other shelter
models that may provide improved service delivery if implemented locally.
A joint City /County Metropolitan Bakersfield Animal Control Committee, comprised of two
members of the City Council, two members of the Board of Supervisors and the Chair of
the Kern County Animal Control Commission, will be established. This Committee will
evaluate current animal shelter /control operations and help identify and recommend
future improvements. The Committee will also provide a forum for the public to voice their
concerns, ideas and recommendations.
Over the last several months, the issue of whether or not the City and County will continue to
facilitate the operation of a joint use animal shelter has been a topic of much debate. During
this time, both the City and County have developed plans to detach and operate two separate
animal care facilities. Current discussions with both agencies have led to the development of
this Agreement to allow for a continuation of the existing relationship between the City and
County, under revised terms, to allow for the necessary time for both agencies to develop a new
long -term plan for animal control and care in Metropolitan Bakersfield.
Provided this Agreement is approved by the City Council, it will then be provided to the County
Board of Supervisors for their consideration.
ST
Page 2
S: \Admin Rpts \2012 \ADMIN RPT - (8 -15 -12) Animal Care Agreement with County of Kern.docx
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 18, 2012
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Couch,
Councilmembers Salas, Weir, Sullivan,
Johnson
Absent: Councilmembers Benham, Hanson
2. INVOCATION by Ghurujoda Khalsa, Guru Ram Das
Gudwara .
3. PLEDGE OF ALLEGIANCE by Sarah Clough, 71h grade
student, Tevis Junior High School.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
a. Zac Griffin, with River Bend Bikes and Kern
Active Transportation, and Keith Newsome
spoke in support of the Bakersfield
Transportation Plan, and offered
congratulations and thanks to staff and
Councilmembers for moving forward with this
project.
Councilmember Salas thanked Zac for pointing
out the opportunity for a grant with The Rose
Foundation, and expressed the City's
appreciation for the partnership.
b. Bill Lind, representing the Bakersfield Tea Party,
spoke in opposition to the $4 million loan to
Chelsea Investment Corporation for the Mill
Creek Housing Project.
ACTION TAKEN
Bakersfield, California, July 18, 2012 — Page 2
5. PUBLIC STATEMENTS continued ACTION TAKEN
C. Laura Baker, with the Center on Race, Poverty
and the Environment, spoke regarding air
pollution monitors, proposed that the City
Council adopt a resolution, and submitted
written material; Valerie Gorospe and Shannon
Pamiza also spoke regarding this topic.
Councllmember Salas asked staff to look Into
the draft resolution, and would like to have one
of the speakers available to answer any
questions staff might have.
d. Jennifer Pitcher, Community Liaison for Kern
Citizens for Sustainable Government, spoke
regarding animal control and urged the City
and County to work together toward a
mutually beneficial agreement, and invited the
City Council and staff to participate in a public
forum to openly discuss this matter.
Vice -Mayor Couch asked that the City be
represented at the public forum.
e. Liz Keogh thanked the Councilmembers and
staff who attended the Kern County Board of
Supervisors Meeting yesterday, and she spoke
in support of a unified city /county animal
control agency.
Judi Daunell, President of Friends of the Kern
County Animal Shelter Foundation, spoke
regarding animal control and urged having a
consolidated unit.
g. Susan Madigan, Fifth District appointee to the
Animal Control Commission, spoke in support of
the City's decision regarding animal control
and offered the services of the Animal Control
Commission to both jurisdictions.
h. Bob Bell, Chairman of the Redevelopment for
the Downtown Business Association, spoke
regarding the downtown charrette "Arts Alive
District ", invited others to be a part of this
process, expressed his excitement about the
public /private partnership, and submitted
written material.
Bakersfield, California, July 18, 2012 — Page 3
5. PUBLIC STATEMENTS continued ACTION TAKEN
The following individuals spoke regarding the
241h Street Widening Project: Elaine McNearney
suggested other alternatives and
improvements; Bob Coons in opposition and
submitted written material; Bob Braase
suggested alternative recommendations and
submitted written material; Randa Hunter
supports Route 204; Dr. Ruth Gelman in
opposition and submitted written material; and
Terry Maxwell asked the City Council to come
back to the drawing board and consider the
financial impacts and the health impacts of the
residents when construction begins.
Tim Palmquist spoke regarding protection of
human life and requested an addition to the
Municipal Code, under Health and Safety,
Section 8.53, Restrictions on Termination of
Human Life, and asked that the Safe
Neighborhoods Committee take up this matter;
stated for the record that Right To Life of Kern
County has had no involvement in this matter
and poses no conflict of interest to
Councilmember Johnson; and submitted
written material.
k. Kenneth Filipski asked the City Council to do
anything it could to restrict the activities of
Planned Parenthood in Bakersfield, and stated
he would provide the City Clerk with a copy of
a text by Abby Johnson called "Unplanned ".
Marvin Dean, representing the Kern Minority
Contractors Association, spoke in support of the
previous speakers regarding animal control; in
support of the speakers regarding the air
pollution monitors; in support of high speed rail
and asked the City to work with the High Speed
Rail Authority to mitigate any concerns; in
support of the Mill Creek Project and putting
minorities and locals to work on the project;
and submitted written material regarding being
a victim of e -mail fraud.
Councllmember Weir asked staff to prepare a
response to Mr. Lind's questions and comments
regarding the loan for Mill Creek and explain the
complications Involved In this process.
Bakersfield, California, July 18, 2012 — Page 4
5. PUBLIC STATEMENTS continued ACTION TAKEN
Councllmember Weir asked the City Attorney to
prepare a response to the proposed addition to the
Municipal Code and send that out to Mr. Palmquist
along with copies to the City Council.
Councllmember Johnson asked Mr. Dean to convey
his feedback to the High Speed Rail Commission,
which would be to listen to cities when they come to
cities, mitigate Impacts appropriately, and do not
build the project.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 27, 2012
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
June 15, 2012 to July 5, 2012 in the amount of
$20,266,423.71 and self- insurance payments
from June 15, 2012 to July 5, 2012 in the amount
of $564,343.06, totaling $20,830,766.77.
Ordinances:
FR
C. First Reading of Ordinance amending the
Official Zoning Map in Title 17 of the Municipal
Code by changing the zone district from C -O
(Professional and Administrative Office), R -3
(Multiple Family Dwelling) and R -3 -P (Multiple
Family Dwelling- Parking), to R -3 -CH (Multiple
Family Dwelling- Church) on a 4.68 acre site,
located at the northeast corner of H Street and
8th Street. (ZC# 12 -0011) (WZI, Inc., representing
Saint Francis Church c/o the Diocese of Fresno).
8.
Bakersfield, California, July 18, 2012 — Page 5
CONSENT CALENDAR continued
d. Adoption of an Ordinance amending
Municipal Code Section 1.12.010 by adding
Annexation No. 629 located at the southwest
corner of Wilson Road and South Union Avenue
to Ward 1.
Resolutions:
e. Resolution accepting the City Clerk's
Certification and declaring the results of the
Primary Municipal Election for the election of
Mayor held in the City on June 5, 2012.
Resolution authorizing the filing of an
application with the Kern Council of
Governments for allocation of Transportation
Development Act funds for FY 2012 -13
($271,702) for maintenance of the Bakersfield
Amtrak Station during said fiscal year.
g. New Job Specification and Change to Salary
Schedule:
Amendment no. 4 to Resolution
No. 140 -08 approving Memorandum of
Understanding for employees of the Blue
and White Collar Units and adopting
salary schedule and related benefits for
Payroll Technician.
2. New Job Specification: Payroll
Technician #26090.
h. Revised Job Specification, Change to Salary
Schedule and Reclassification:
Amendment No. 1 to Resolution
No. 059 -12 setting salaries and related
benefits for officers and employees of
the General Supervisory, Police
Supervisory and Management Units and
adopting salary schedule and related
benefits for Community Development
Coordinator.
2. Revised Job Specification: Community
Development Coordinator #89340.
ACTION TAKEN
AIINXTIZIj
RES 075 -12
RES 076 -12
RES 140 -08(4)
RES 059 -12(1)
8.
Bakersfield, California, July 18, 2012 — Page 6
CONSENT CALENDAR continued ACTION TAKEN
Item 8.h. continued
3. Reclassification: Associate Planner to
Community Development Coordinator
and Development Assistant to
Development Associate.
Resolution to add territory, Area 3 -84 (5101 RES 077 -12
Woodmere 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.
Resolutions of Intention to add the following
territories to the Consolidated Maintenance
District and preliminarily approving, confirming
and adopting the Public Works Director's
Report for each:
1. ROI # 1717 to add Area 1 -91 (2738 ROI 1717
Mosasco Street)
2. ROI # 1718 to add Area 3 -85 (8100 ROI 1718
Pacheco Road)
3. ROI # 1719 to add Area 4 -106 (500 W ROI 1719
Columbus Street) ROI 1720
4. ROI # 1720 to add Area 4 -107 (2620
Chester Avenue)
Agreements:
Agreement with and indemnification of AGR 12 -090
Albertson's for City's utilization of a vacant
lot at the southwest corner of Stockdale
Highway and Buena Vista Road on July 20,
2012, to accommodate additional parking for
the Willie Nelson Concert at the Park at
Riverwalk.
Agreement with SMG /Rabobank and California AGR 12 -091
Interscholastic Federation (not to exceed
$175,000 - 3 year term) for event contribution to
hold State Championship High School Wrestling
in Bakersfield.
M. Final Map and Landscape Agreement and AGR 12 -092
Maintenance Agreement for Tract 6361 Phase 3 AGR 12 -093
located north of Snow Road and west of
Verdugo Road.
Bakersfield, California, July 18, 2012 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
n. Street Utility Cut Guarantee Agreement with
CVIN, LLC, in which utility company guarantees
the quality of its work in repairing, replacing,
and restoring city streets after cutting existing
roadway to lay utility lines.
o. Design Consultant Agreement with Mark
Thomas & Company, (not to exceed
$2,591,712.10; 80% funded by federal monies)
for engineering design services for Rosedale
Highway Widening Project. (TRIP)
P. Agreement with Alta Planning & Design
($83,980) to prepare a Bakersfield Bicycle
Transportation Plan.
q. Agreement with Environmental Systems
Research Institute Inc. ($117,000), to provide
Licenses and Software Support for server and
client software.
r. Amendment No. 3 to Agreement No. 09 -087
with CompuCom Systems, Inc. ($215,385.20), to
provide Microsoft Licenses for 1029 computers.
S. Amendment No. 5 to Agreement No. 08 -179
with SunGard Public Sector, Inc. ($168,405.43),
for service support of licensed software.
Amendment No. 1 to Long Term Ground Lease
Agreement No. 11 -123 with Kern Charter
Services, Inc. (no fiscal impact to City ), to
extend the completion date from October 19,
2012 to December 31, 2013 for Phase 1 of the
Southwest Hangar Construction Project at the
Municipal Airport.
U. Amendment No. 1 to Agreement No. 11 -093
with Badger Meter Inc. (extending term one
year), to continue the supply of water meters.
V. Amendment No. 2 to Agreement No. 10 -132
with Jim Alfter Cement Contractor
($1,350,000; revised not to exceed $4,059,172
and extend term one year) to continue the
supply of concrete construction.
AGR 12 -094
AGR 12 -095
AGR 12 -096
AGR 12 -097
AGR 09- 087(3)
AGR 08- 179(5)
AGR 11- 123(1)
AGR 11- 093(1)
AGR 10- 132(2)
Bakersfield, California, July 18, 2012 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
W. Amendment No. 1 to Utility Agreement AGR 11- 143(1)
No. 11 -143 with Matrix Oil Corporation
($100,000; revised not to exceed $142,500) for
relocation of overhead lines and engineering
design to relocate oil lines. (TRIP)
X. Contract Change Order No. 4 to Agreement AGR 11 -091
No. 11 -091 with Raminha Construction CC04
($14,964.63; revised not to exceed
$3,599,355.93) for the City Sanitary Landfill
Closure Project.
Y. Contract Change Order No. 34 to Agreement CC034 -035
No. 1 1 -035 with GSE Construction, Inc.
($73,265; revised not to exceed $5,311,312.08),
for the Wastewater Treatment Plant No. 2
Septage /Grease Receiving Station and Odor
Control Project.
Bids:
Z. Reject all bids for the Parkway Improvements
along Stockdale Highway from North
McDonald Way to North Stine Road Project.
aa. Extend bid with Kern River Power Equipment,
Inc. ($45,246.63), for four replacement 60" riding
mulching lawn mowers for the Recreation and
Parks Department.
bb. Extend bid with Quinn Company ($514,800) for
two replacement articulated four -wheel drive
loaders with high lift loading option for use by
the Public Works Department, Solid Waste
Division.
CC. Accept bid from Jim Burke Ford, ($619,682.64)
27 replacement four -door police special
sedans for use by the Police and Fire
departments.
dd. Accept bid from Leete Generators ($74,930.21)
for one standby generator for the Public Works
Department, Wastewater Division.
ee. Accept bid and approve contract with Stay AGR 12 -098
Green, Inc. (not to exceed $300,000), for the
annual contract for tree trimming services.
Bakersfield, California, July 18, 2012 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
ff. Pavement Rehabilitation 2012 Phase 2 -
Panama Lane from State Route 99 to South H
Street:
1. Accept base bid and approve contract AGR 12 -099
with Security Paving Company
($1,096,044.33) for project.
2. Appropriate $75,000 Gas Tax Fund
balance to the Public Works
Department's Capital Improvement
budget.
Miscellaneous:
gg. Appointment of voting delegate for 2012
League of California Cities Annual
Conference. (Staff recommends appointment of
Councilmember Sullivan as delegate.)
hh. Department of Housing & Urban Development
(HUD) Action Plan Amendments:
1. Fiscal Year 2012 -13 Action Plan
Amendment No. 1 to allow Section 108
loan payments related to the dissolution
of the Bakersfield Redevelopment
Agency (RDA).
2. Fiscal year 2008 -09 Action Plan
Amendment No. 14 and Fiscal
Year 2005 -06 Action Plan Amendment
No. 7 to allow funds to be drawn in
accordance with HUD regulations.
ii. Appropriate $63,069 lease payment revenues
to the Fire Department Operating budget
within the General Fund to pay for fire training
costs associated with Bakersfield College
services provided at the Olive Drive Training
Center.
jj. Appropriate $698,851 reimbursement from the
former Redevelopment Agency (RDA) to the
Public Works Capital Project budget within the
Capital Outlay Fund for the Mill Creek Linear
Park -Mill House project.
8.
9.
Bakersfield, California, July 18, 2012 —Page 10
CONSENT CALENDAR continued
kk. Appropriate $432,450 Housing Related Parks
(HRP) State Grant revenue to the Community
Development Capital Improvement budget
within the Capital Outlay Fund for the Mill Creek
Linear Park - Sister City Garden Project Phase B.
Appropriate $200,000 North of the River's (NOR)
Park Development Fees to the Recreation and
Parks Department's Capital Improvement
budget within the Park Improvement Fund for
the Riverlakes Park Project.
mm. Appropriate $22,708 Proposition 50 grant funds
to the Recreation and Parks Department's
Capital Improvement budget within the
Recreation Facility Fund for the Kern River
Upland Project.
SUCCESSOR AGENCY BUSINESS
nn. Receive and file successor agency payments
from June 15, 2012 to July 5, 2012 in the amount
of $66,506.46.
City Clerk Gafford announced correspondence was
received from staff changing the recommendation for
Consent Calendar Item 8.ee. to accept the bid and
award the contract to Stay Green, Inc.
Motion by Vice -Mayor Couch to adopt Consent
Calendar items 8.a. through 8.nn., with the correction
as noted by the City Clerk on item 8.ee.
CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider the Resolution
ordering the summary vacation of underlying
road dedication on portions of Windermere
Street, Campus Park Drive, and S. Allen Road to
facilitate re- dedication of new alignments. (Staff
recommends adoption of resolution.)
b. Public Hearing to consider the Resolution
ordering the vacation of portions of the
public utility easements as created with Tract
Map 6444, Phase 2, within lots 11, 20, 104, 107,
151, 197, 204, 205, and 212, located in The
Seasons Development, bordered by Paladino
Drive to the north and Panorama Drive to the
south. (Staff recommends adoption of resolution.)
ACTION TAKEN
APPROVED
AB BENHAM,
HANSON
RES 078 -12
RES 079 -12
9.
10.
11.
12.
13.
14.
Bakersfield, California, July 18, 2012 — Page 11
CONSENT CALENDAR PUBLIC HEARINGS continued
Consent Calendar Public Hearings opened at
6:22 p.m.
No one spoke.
Consent Calendar Public Hearings closed at
6:22 p.m.
Motion by Vice -Mayor Couch to adopt Consent
Calendar Public Hearings items 9.a. and 9.b.
CLOSED SESSION
None.
HEARINGS
None.
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
a. Disposition and Development Agreement with
Chelsea Investment Corporation ($4,050,000)
for the development of 72 units of senior
housing located at 1303 S Street.
Economic Development Director Kunz made staff
comments, provided a PowerPoint presentation, and
recommended approval of the agreement.
Counclimember Johnson clarifled his vote, stating he
would like the matter delayed to make sure the City is
not getting into a precarious situation.
Motion by Vice -Mayor Couch to approve the
agreement.
b. Issuance of California Statewide Communities
Development Authority (CSCDA) Limited
Obligation Revenue Bonds (City of Bakersfield
Consolidated Reassessment District No. 12 -1),
Series 2012 and City of Bakersfield Limited
Obligation Refunding Bonds (Local
Obligations):
ACTION TAKEN
APPROVED
AB BENHAM,
HANSON
AGR 12 -100
APPROVED
NOES JOHNSON
AB BENHAM,
HANSON
Bakersfield, California, July 18, 2012 — Page 12
14. NEW BUSINESS continued ACTION TAKEN
Item 14.b. continued
1. Resolution approving and confirming the
report on the levy of reassessments and
the refunding of its 1915 Act Limited
Obligation Improvement bonds.
2. Resolution providing for the issuance of
the City's limited obligation refunding
bonds, Consolidated Reassessment
District No. 12 -1; prescribing the date
and form of said bonds and prescribing
the redemption provisions therefor;
authorizing the execution of said bonds;
providing for the collection of
reassessments to pay the principal of
and interest on said bonds; approving
the sale of said bonds (which establishes
the maturities of and interest rates on
said bonds).
3. Resolution approving issuance and sale
of not to exceed $21,670,000 principal
amount of CSCDA Limited Obligation
Revenue Bonds (City's Consolidated
Reassessment District No. 12 -1), Series
2012; approving a preliminary official
statement, authorizing changes thereto
and delivery thereof and of an official
statement to be derived therefrom;
approving a local obligation purchase
contract, a bond purchase contract,
and an escrow agreement, authorizing
modifications thereof and execution and
delivery of each and authorizing related
actions necessary to implement the
proposed refunding program.
4. Approval of reimbursement agreement
with CSCDA for costs associated with
the initial refunding and annual
administration costs regarding the
consolidated refunding district.
RES 080 -12
RES 081 -12
RES 082 -12
AGR 12 -101
14.
Bakersfield, California, July 18, 2012 - Page 13
NEW BUSINESS continued ACTION TAKEN
Item 14.b. continued
5. Authorize Finance Director to take
actions necessary to establish funds and
appropriations to carry out the functions
associated with the consolidation of
the 12 districts, the refunding, related
annual debt service and administrative
costs.
Finance Director Smith made staff comments,
and recommended approval of the resolutions
and the agreement.
APPROVED
Motion by Councilmember Weir to approve AB BENHAM,
the staff recommendation. HANSON
15. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson asked the City Attorney's
Office to draft a resolution outlining that the City of
Bakersfield will comply with the Brown Act In Its
entirety even though the State has decided not to pay
the bills that they are constitutionally mandated to
pay when they Implement a State- mandated local
program.
Councilmember Salas congratulated Mayor Hall and
City Manager Tandy for doing a great job at the State
of the City Luncheon; and he also congratulated
Mayor Hall on his re- election.
Councilmember Salas stated he needs to meet with
someone from Code Enforcement tomorrow.
Councllmember Salas asked staff to work with the
speakers from the Center on Race, Poverty and the
Environment regarding the resolution they requested.
Councllmember Salas asked staff to look at the
possibility of designating the area at Jastro Park
around the Korean War Memorial as the Korean War
Memorial Park.
Bakersfield, California, July 18, 2012 - Page 14
15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councllmember Weir asked the City Attorney to
correspond with the County Administrative Officer and
each Supervisor explaining the City's position on what
occurred with the County's request to use Mill Creek
Park for the Back to School event on August 16th, and
that the City is willing to negotiate with the County and
modify the contract language to address their
concerns with regard to the release, assumption of risk
and Indemnity portion of the facility reservation
request.
Councllmember Weir asked staff to report back
regarding the California Supreme Court's ruling on the
Vista case regarding prevailing wages and provide
information on what that ruling means and how It
might affect or apply to the City of Bakersfield.
Councilmember Sullivan congratulated Mayor Hall,
City Manager Tandy and Convention and Visitors
Bureau Manager Lyman on their presentations at the
State of the City Luncheon.
Councllmember Sullivan asked that the arrows In the
cutouts on eastbound and westbound California
Avenue in front of Marie Callendar's be repainted and
for staff to also look at some of the other streets that
need repainting.
Councllmember Sullivan asked staff to check Into the
feasibility of and report back regarding putting timers
on the traffic lights at the Intersections with pedestrian
crosswalks to make them aware of how many
seconds are left to safely cross the streets.
Councilmember Sullivan announced that on July 26th,
In God We Trust America is having its 8th annual
fundraising event at the Marriortt, and she encouraged
everyone to attend; she also pointed out that there are
almost 300 cities across the country and 94 in
California that publicly displays the national motto.
Vice -Mayor Couch asked staff to consider reinstating
the Intergovernmental Relations Committee, consisting
of the Vice- Mayor, one other Councilmember and one
alternate, to provide a public forum on an ad hoc
basis, to discuss matters such as the property tax split,
the fire fund, animal control, and other matters that
come up where there Is a conflict, or a potential
conflict, with the County.
Bakersfield, California, July 18, 2012 - Page 15
15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Vice -Mayor Couch asked that staff attend Board of
Supervisors meetings whenever there Is an Issue or an
Item on the agenda that has to do with the City, so the
City's view can be represented.
Vice -Mayor Couch complimented Mayor Hall, City
Manager Tandy and Convention and Visitors Bureau
Manager Lyman for their presentations at the State of
the City Luncheon.
Mayor Hall advised that he has had positive
comments about the presentations at the State of the
City Luncheon, and that this year's was the highest
attended State of the City event since he became
Mayor 12 years ago.
Mayor Hall announced that he recently toured the
completed phase one of the Sister City Walk and is
working with Recreation and Parks on an unveiling
toward the end of August; he commended staff and all
the people who worked on the project; and he is
looking forward to the completion of phase two.
Mayor Hall advised that he feels the City has done an
outstanding job of showing its willingness to be
cooperative partners in bringing resolution to the
animal control issue, and he commended everyone In
the way they are representing the City; and he
supports Vice -Mayor Couch's suggestions of
reinstating the Intergovernmental Relations Committee
and to have staff present at appropriate Board of
Supervisors meetings.
16. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:14 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield