HomeMy WebLinkAbout11/28/12_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF NOVEMBER 28, 2012
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 P.M.
1. ROLL CALL
2. INVOCATION by Pastor Joshua Kirstine, Olive Drive Church.
3. PLEDGE OF ALLEGIANCE by Carson Tenter, 1 st grade student at Stockdale Christian School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of key to the City to Councilmember Rudy Salas.
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 14, 2012 Regular City Council Meeting.
Payments:
b. Receive and file department payments from October 30, 2012 to November 13, 2012
in the amount of $8,834,083.04 and self- insurance payments from October 30, 2012
to November 13, 2012 in the amount of $308,977.82 totaling $9,143,060.86.
Ordinances:
C. Adoption of the following Ordinances amending various sections of the Municipal
Code:
1. Section 2.04.070 relating to City Council Meeting Order of Business.
2. Section 3.20.090(G) relating to formal contract procedures.
3. Section 5.08.080 relating to expiration of alarm system permit.
4. Section 5.08.160 relating to alarm permit appeals.
5. Section 5.08.190 relating to violation of alarm regulations.
6. Section 5.32.060(A) relating to application for massage establishment and
practitioner permit.
7. Section 10.44.060 relating to truck routes.
8. Section 12.20.020(B) relating to revocation of encroachment permits.
9. Section 13.12.030 relating to development improvement standards and
specifications.
8. CONSENT CALENDAR continued
10, Section 15.74.190(A) relating to flood damage exemption and appeal
procedures.
11. Section 15.78.090(C) relating to Metropolitan Bakersfield Habitat Conservation
plan mitigation program violation /penalty.
12. Section 15.80.040 relating to limitation as to minor land division.
13. Section 15.84.055 relating to reduction or waiver of transportation impact fee
for low- income housing projects.
14. Section 16.12.030(C) relating to lot line adjustments.
15. Section 16.12.050 relating to limitation as to minor land division.
16. Section 16.12.075 relating to approval of maps conditioned on
indemnification of City.
17. Section 16.16.080(E) relating to extension of map approval,
18. Section 16.20.060(A)(3)(e) relating to statements of parties having record title
interest in drill site parcels.
19. Section 16.32.060(E) relating to fees for sewer facilities.
20. Section 17.04.305 relating to garage or yard sale.
21. Section 17.08.210 relating to approval of development entitlement
conditioned on indemnification of City.
22. Section 17.60.020(B) relating to permits for signs.
23. Section 19.04.050 relating to vehicle parking at airports.
24. Sections of the Municipal Code which reference Development Services
Director.
25. Sections of the Municipal Code which reference Uniform Building Code.
Resolutions:
d, Resolution authorizing application for all CalRecycle Grants for five years.
e. Purchase of Holmatro Rescue Equipment:
1. Resolution determining that Holmatro rescue equipment cannot be obtained
through the usual bidding procedures and authorizing the Finance Director to
dispense with bidding therefor, not to exceed $168,000.
2. Approve the purchase of seven replacement rescue tools from Fire Service
Specification and Supply (FS3) (not to exceed $168,000).
f. Changes to Salary Schedule and Revised Job Specifications:
1. Amendment No. 5 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 Real Property Agent I.
2. Revised Job Specifications: Motor Sweeper Operator # 13270, Service
Maintenance Worker # 13700, Real Property Agent I # 26000.
(Ward 3) g. Resolution of Intention No. 1731 to accept dedication of right of way for Coffee
Road at the southeast corner of Coffee Road and Goesling Avenue (located near
the intersection of Coffee Road and Norris Road).
2 City Council Meeting of 11 /28/2012
8. CONSENT CALENDAR continued
Agreements:
h. Memorandum of Agreement with Kern Council of Governments for funding
assistance in updating the Land Use and Circulation Elements of the Metropolitan
Bakersfield General Plan.
1. Agreement with Kern Council of Governments ($152,340) to reimburse the City
for costs incurred in drafting updates to the land use and circulation elements
of the Metropolitan Bakersfield General Plan.
2. Appropriate an additional $52,340 to the Development Services Capital
Improvement budget in the Capital Outlay Fund. This new MOA will supersede
MOA No. 07 -137.
(Ward 1 -6) i. Agreement with Southern California Gas Company (SCG) authorizing SCG to install
data collection units on street light poles for the Advanced Meter Program.
(Ward 2) j. Independent Contractor's Agreement with Spear Security and Management
Company ($73,632)) for site security services at the Amtrak Station.
k. Independent Contractor's Agreement with Quad Knopf ($100,000) for providing on-
call environmental services for non - federally funded Capital Improvement Projects
for Fiscal Years 2012 -2013 and 2013 -2014.
I. Reimbursement Agreement with North Kern Water Storage District (not to exceed
$53,253) for City's pro -rata share of costs to participate in Kern River Weather
Modification Program for the 2012 -2013 season.
(Ward 3) M. Transportation Impact Fee Agreement with Pulte Homes, Inc. (not to exceed
$477,650.88), for improvements on State Route 178.
(Ward 7) n. Transportation Impact Fee Agreement with Palma Homes, Inc. (not to exceed
$61,174.31), for improvements constructed on Wible Road.
o. Amendment No. 4 to Agreement No. 03 -310 for employment of Virginia Gennaro as
City Attorney.
(Ward 2,4,5) P. Contract Change Order Nos. 38, 55, 57, 58, 59, 67, 68, 69 and 73 to Agreement
No, 09 -076 with Security Paving Company, Inc. ($177,084.91; revised not to exceed
$87,886,541,56; change orders funded with traffic impact fees), for the construction
of the Westside Parkway Phase 2 Project. (TRIP)
Bids:
Miscellaneous:
(Ward 4) q. Appropriate $2,500 contribution from Southern California Gas Company made to the
Recreation and Parks Department Operating budget within the General Fund for the
Escape School Event.
(Ward 1) r. Transfer $151,000 from the Watts /Coral Gables Park Project to the Contribution
Account within the Park Improvement Fund to reimburse construction of multi -use
fields at the Friendship House Community Center.
City Council Meeting of 11 /28/2012
8. CONSENT CALENDAR continued
Successor Agency Business:
S. Receive and file successor agency payments from October 30, 2012 to
November 13, 2012 in the amount of $22,321.06.
Staff recommends adoption of Consent Calendar items 8.a. through 8.s.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
(Ward 2) a. Public hearing to consider the Resolution ordering the vacation of the remaining
portion of the alley and access easement between 281h Street and the previously
vacated 27th Street, east of Chester Avenue, and the public utilities easement (PUE)
located in the same alley between 28th Street and lot 15 of Block 487.
Staff recommends adoption of Resolution.
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation, Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 regarding Joe R. Slaughter, et
al. v. City, et al: KCSC Case No. S- 1 500-CV-271472-WPD.
RECESS TO CLOSED SESSION
16. CLOSED SESSION ACTION
17. ADJOURNMENT
11 /20/12 9: l Oam
Respectfully submitted,
Alan Tandy
City Manager
4 City Council Meeting of 11 /28/2012
AGENDA HIGHLIGHTS
November 28, 2012 COUNCIL MEETING
Mayor Hall will present a "Key to the City" to outgoing Councilmember Salas, who has
represented Ward One since 2010. The November 28th meeting will be his last City Council
meeting before he resigns to assume his newly elected office as State Assembly
Representative for the 32nd District.
Ordinances
Item 7c. Update and /or Minor Corrections to Various Ordinances. Periodically, City
departments request minor changes in existing ordinances to reflect current practice,
correct typographical errors, or to make a section read better. This item requests Council
approval for a series of minor revisions, as described in the Administrative Report from the
City Attorney's Office. The first reading took place at the City Council meeting of
November 14, 2012.
Item 10a. Vacation of additional alley. public access, and public utilities easement in the
vicinify of 27th and 28th Streets, east of Chester Avenue. The applicant, San Joaquin
Community Hospital, has requested the vacation of this additional area for the site of their
new cancer center. The initial phase is currently under construction; this vacation is
requested in anticipation of future phases of the project. There was one property owner in
opposition of the vacation; his concerns were addressed by the applicant, and he has
since withdrawn his opposition. Staff recommends adoption of the Resolution for the
requested vacation.
There will be a conference with legal counsel regarding one matter of existing litigation.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
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ADMINISTRATIVE REPORT
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MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Roberta Gafford, City Clerk
November 15, 2012
APPROVED
DEPARTMENT HEADi
CITY ATTORNEY
CITY MANAGER
Approval of Minutes of the November 14, 2012 Regular City Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: November 14, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER_
SUBJECT: Receive and file department payments from October 30, 2012 to November 13,
2012 in the amount of $8,834,083.04, Self Insurance payments from October 30,
2012 to November 13, 2012 in the amount of $308,977.82, totaling $9,143,060.86
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
November 14, 2012, 11:58AM
S: \Kim GWDMIN \COUNCIL - ADMIN- AP- 2013\ADMIN -AP 112812.doc
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM: B. C,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: November 15, 2012 CITY ATTORNEY
CITY MANAGER _y
SUBJECT: 1. Adoption of Ordinance Amending Section 2.04.070 Relating to City Council
Meeting Order of Business.
2. Adoption of Ordinance Amending Section 3.20.090(G) Relating to Formal
Contract Procedures.
3. Adoption of Ordinance Amending Section 5.08.080 Relating to Expiration of
Alarm System Permit.
4. Adoption of Ordinance Amending Section 5.08.160 Relating to Alarm Permit
Appeals.
5. Adoption of Ordinance Amending Section 5.08.190 Relating to Violation of
Alarm Regulations.
6. Adoption of Ordinance Amending Section 5.32.060(A) Relating to Application
for Massage Establishment and Practitioner Permit.
7. Adoption of Ordinance Amending Section 10.44.060 Relating to Truck Routes.
8. Adoption of Ordinance Amending Section 12.20.020(8) Relating to Revocation
of Encroachment Permits.
9. Adoption of Ordinance Amending Section 13.12.030 Relating to Development
Improvement Standards and Specifications.
10. Adoption of Ordinance Amending Section 15.74.190(A) Relating to Flood
Damage Exemption and Appeal Procedures.
11. Adoption of Ordinance Amending Section 15.78.090(C) Relating to Metropolitan
Bakersfield Habitat Conservation Plan Mitigation Program Violation /Penalty.
12. Adoption of Ordinance Amending Section 15.80.040 Relating to Limitation as to
Minor Land Division.
13. Adoption of Ordinance Repealing Section 15.84.055 Relating to Reduction or
Waiver of Transportation Impact Fee for Low - Income Housing Projects.
14. Adoption of Ordinance Amending Section 16.12.030(C) Relating to Lot Line
Adjustments.
15. Adoption of Ordinance Amending Section 16.12.050, Relating to Limitation as to
Minor Land Division.
16. Adoption of Ordinance Amending Section 16.12.075 Relating to Approval of
Maps Conditioned on Indemnification of City.
17. Adoption of Ordinance Deleting Section 16.16.080(E) Relating to Extension of
Map Approval.
18. Adoption of Ordinance Amending Section 16.20.060(A) (3) (e) Relating to
Statements of Parties Having Record Title Interest in Drill Site Parcels.
19. Adoption of Ordinance Amending Sectionl 6.32.060(E) Relating to Fees for
Sewer Facilities.
20. Adoption of Ordinance Amending Section 17.04.305 Relating to Garage or Yard
Sale.
21. Adoption of Ordinance Amending Section 17.08.210 Relating to Approval of
Development Entitlement Conditioned on Indemnification of City.
22. Adoption of Ordinance Amending Section 17.60.020(B) Relating to Permits for
Signs.
23. Adoption of Ordinance Amending Section 19.04.050 Relating to Vehicle Parking
at Airports.
24. Adoption of Ordinance Amending Sections of the Bakersfield Municipal Code
Which Reference Development Services Director.
25. Adoption of Ordinance Amending Sections of the Bakersfield Municipal Code
Which Reference Uniform Building Code.
L? I *N—T• I .'. T l. l 4 :17 � 1 i i L o 7 il F
Staff recommends adoption of the proposed ordinance amendments.
BACKGROUND:
Periodically, various Departments throughout the City request changes to the Bakersfield
Municipal Code which are minor in nature. Generally, the changes are being sought to make a
section read better or to reflect current practice or correct typographical errors.
The following is a list of ordinances that are being recommended by Staff for changes:
1. BMC Section 2.04.070. The amendment simplifies the process for making changes
to the order of business during meetings.
2. BMC Section 3.20.090(G). The amendment makes the ordinance consistent with
changes to state law.
3. BMC Section 5.08.080. The amendment eliminates a fine for failure to register or
renew an alarm permit, instead allowing the non - registration or non - renewal to be handled
administratively.
4. BMC Section 5.08.160. This amendment provides additional time within which an
alarm permit appeal may be heard to allow City staff and Council flexibility in scheduling the
appeal.
5. BMC Section 5.08.190. The amendment clarifies penalties for violation of the alarm
permit ordinance.
6. BMC Section 5.32.060(A). The amendment replaces the term "director of
development services" with "community development director" to reflect the new name.
7. BMC Section 10.44.060. The amendment updates truck routes within City limits.
8. BMC Section 12.20.020(B). The amendment divides this section into paragraphs to
make it easier to understand.
ADMINISTRATIVE REPORT
9. BMC Section 13.12.030. The amendment reflects current standard manuals used by
the City.
10. BMC Section 15.74.190(A). The amendment replaces the term "development
services department" with "community development department" to reflect the new name.
11. BMC Section 15.78.090(C). The amendment corrects a typographical error.
12. BMC Section 15.80.040. The amendment clarifies that all types of land division
applications, including minor land divisions, are subject to the park land requirement, and
deletes "approximately" to clarify the intent of the ordinance.
13. BMC Section 15.84.055. The amendment provides consistency with the current
development fee requirement.
14. BMC Section 16.12.030(C). The amendment makes the ordinance consistent with
Subdivision Map Act section 66412(d).
15. BMC Section 16.12.050. The amendment reflects current practice.
16. BMC Section 16.12.075. The amendment provides consistency with the City's
indemnification practice.
17. BMC Section 16.16.080(E). The amendment makes the ordinance conform to the
state adjustment of value.
18. BMC Section 16.20.060(A) (3) (e). The amendment corrects a typographical error.
19. BMC Section 16.32.060(E). The amendment identifies those sanitary sewer areas
which presently exist.
20. BMC Section 17.04.305. The amendment replaces the word "chattel" with a more
familiar term.
21. BMC Section 17.08.210. The amendment provides consistency with the City's
indemnification practice.
22. BMC Section 17.60.020(B). The amendment corrects a typographical error.
23. BMC Section 19.04.050. The amendment clarifies parking limitations at the
Bakersfield Municipal Airport.
24. This amendment replaces the term "Uniform Building Code" with "Building Code" in
all sections of the Code. The City uses the California Building Code which is based on the
International Building Code. Deletion of "Uniform Building Code" will avoid confusion.
25. This amendment replaces the term "development services director" with
"community development director" to reflect the new name of the department.
These ordinance amendments had first reading on November 14, 2012.
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ADMINISTRATIVE REPORT
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MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD2 &-
DATE: November 2, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of the City Council of the City of Bakersfield authorizing application for
all CalRecycle Grants for five years. (All Wards)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
With approval by Council, in 2006 the City of Bakersfield began a Waste Tire Enforcement and
Waste Tire Cleanup program. The grant- funded staff time directly related to development,
implementation and monitoring of these programs.
This is an effective way to address the City of Bakersfield's need to educate tire dealers and auto
dismantlers of their responsibilities to reduce the illegal disposal of waste tires. The program will
be comprehensive, informative and allows for enforcement action when necessary. It provides
for correcting of waste handling problems, reducing long -term disposal problems, identifying
illegal waste tire haulers, encouraging compliance and providing for the cleanup of illegally
dumped tires.
Previously the resolution and grant applications were required to be submitted on a yearly basis.
In an effort to streamline the process, CalRecycle now accepts resolutions that authorizes up to
five years of grant application submittals.
The proposed resolution extends, for five years, the City's ability to apply for these grants and
other similar grants, available through CalRecycle for a five -year period from July 1, 2013 through
June 30, 2018.
November 8, 2012, 4:44PM /kd
SADanaWDM1NS \2012 \N0V\11 -28- CalRecycle Tire Grant.docx
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8, e
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: November 14, 2012
SUBJECT: Purchase of Holmatro Rescue Equipment.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY .�
CITY MANAGER
1. Resolution determining that Holmatro rescue equipment cannot be
obtained through the usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefore, not to exceed
$168,000.
2. Approve the purchase of seven (7) replacement Holmatro rescue tools
.from FS3 for a total amount not to exceed $168,000.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of purchase.
BACKGROUND: Holmatro rescue equipment has been used by the City of Bakersfield Fire
Department for over ten years. The equipment has an excellent track record and has
become the standard for the Fire Department. Holmatro rescue equipment must be
purchased from the exclusive dealer for Kem County, Fire Service Specification and Supply
(FS3). Funds for the purchase are in the FY 2012 -2013 adopted budget within the Equipment
Management Fund. The seven (7) rescue tools to be replaced have been used beyond their
scheduled replacement date and are badly worn.
Purchasing Division/kb
SAPURCHWDMINWdmin 12 -13 \Holmatro Rescue Tools, FS3, Sole Source, November 28, 2012.docx
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ADMINISTRATIVE REPORT
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SEIU had been advised of the proposed recommendations. There is no budgetary impact as
the salary will remain the same. The revised job specification is being presented to the
Miscellaneous Civil Service Board at their November 20, 2012 meeting.
Real Property Aaent I:
Due to two failed recruitments in the past year for a Real Property Agent I, the Finance Director
has requested that the job specification and salary range for this position be revised.
The job specification for the Real Property Agent I has been updated to more accurately reflect
current duties, terminology, governmental experience and /or current trends.
The Human Resources Division conducted a classification study of other agencies and internal
positions comparable and equivalent to that of the Real Property Agent I classification. A
survey was conducted with nine comparable agencies with similar positions. The resulting
compensation survey average was 24.6% greater than the City of Bakersfield's Real Property
Agent I salary. Furthermore, the City of Bakersfield's Real Property Agent II position is at the
same salary range as our Development Associate classification. The position that is in line for
succession planning and promotes into this position is our Development Assistant, and it is 25.3%
greater in salary than our Real Property Agent I classification, and requires two years less
experience in its field.
An increase in salary range is recommended to address the discrepancy in competitive rates
and recruitment and retention issues as well. Therefore, the Real Property Agent I salary range
has been set at a level equivalent to that of Development Assistant. Both positions have a
similar level and scope of responsibility.
Based on the current salary schedule, the projected annualized cost will be approximately
$10,000.
SEIU has been advised of the proposed recommendations. The new job specification will be
presented to the Miscellaneous Civil Service Board at their November 20, 2012 meeting.
(cc)
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ADMINISTRATIVE REPORT
A�IFO
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: November 5, 2012
APPROVED
DEPARTMENT HEAD
.�
CITY ATTORNEY
CITY MANAGER /W
SUBJECT: Resolution of Intention No. 1731 to accept dedication of Right -of -Way for Coffee
Road at the southeast corner of Coffee Road and Goesling Avenue (located near
the intersection of Coffee Road and Norris Road, Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield acquired a parcel of land for future widening of Coffee
Road at the southeast corner of Coffee Road and Goesling Avenue per a Grant Deed recorded
on April 18, 2012, document #212051730. The property is located near the intersection of Coffee
Road and Norris Road.
The City owned property was cleared of all structures and vegetation. It is now a vacant lot. The
City is preparing construction plans for street widening of the intersection of Coffee Road and
Goesling Avenue and wishes to dedicate the Right -of -Way for Coffee Road as shown on the
attached Exhibits "A" and "B ".
The utility companies serving the area have been notified of the street widening project. All
utilities will be relocated or adjusted as necessary.
Preliminary notices will also be mailed to all adjacent property owners within a 300 -foot radius of
the proposed right -of -way dedication area.
This Resolution sets the Public Hearing date for the regular Council meeting on Wednesday,
January 9, 2013, for the proposed dedication of Right -of -Way.
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(TIK216)
November 20, 2012, 8:20AM
G:\ GROUPDAT\ADMINRPT\2012 \11 -28WDM ROI For RW Dedication 6330 Coffee.Doc
TO: Honorable Mayor and City Council
FROM: Douglas N. Mclsaac, Community Development Director APPROVED
DATE: November 19, 2012 DEPARTMENT HEAD
CITY ATTORNEY
SUBJECT: Memorandum of Agreement with the Kern Council of CITY MANAGER_
Governments for funding assistance in updating the Land Use and Circulation
Elements of the Metropolitan Bakersfield General Plan. (All Wards)
1. Agreement (MOA) with the Kern Council of Governments ($152,340) to reimburse
the City for costs incurred in drafting updates to the Land Use and Circulation
Elements of the Metropolitan Bakersfield General Plan.
2. Appropriate an additional $52,340 to the Development Services Capital
Improvement budget in the Capital Outlay Fund. This new MOA will supersede
MOA No. 07 -137.
RECOMMENDATION:
Staff recommends approval of the agreement and the appropriation of funds.
BACKGROUND:
In 2007, the City received approval from the Kern Council of Governments (KCOG) under their
local technical assistance program for $100,000 to assist with updating the Land Use and
Circulation Elements of the Metropolitan Bakersfield General Plan. A Memorandum of Agreement
(MOA) was entered into by the City and KCOG on May 9, 2007 (Agreement No. 07 -137).
The total amount invoiced to KCOG for reimbursement of completed work in developing
administrative drafts of the two elements was $152,340; however, staff understood that
reimbursement would be limited to the $100,000 specified in the MOA. KCOG recently informed us
that they had additional technical assistance funds to cover the costs above the MOA and
therefore, approved these additional funds for fiscal year 2012/2013. The KCOG Board
subsequently approved a new MOA at their meeting on October 18, 2012 that increases the total
reimbursement to the City to $152,340.
Staff is recommending that the City Council approve this new MOA, which will supersede MOA
No. 07 -137. Additionally, since $100,000 was previously appropriated and has been carried over to
the current budget year, staff is also recommending that an additional $52,340 be added to the
Development Services Capital Improvement budget in the Capital Outlay Fund so that the total
reimbursement of funds is consistent with the new MOA.
November 19, 2012, 1 1:05AM
JGE: SADana \ADMINS \2012 \NOV\11 -28 -Kern COG MOA 11 -28 LU -Circ Funds Admin Report.docx
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas DEPARTMENT HEAD
DATE: November 9, 2012 CITY ATTORNEY 09—
CITY MANAGER
SUBJECT: Agreement with Southern California Gas Company (SCG) authorizing SCG to
install data collection units on street light poles for the Advanced Meter Program
(Wards 1, 2, 3, 4, 5, & 6)
RECOMMENDATION: Staff recommends approval of Street Light Agreement.
BACKGROUND: Southern California Gas Company has been authorized by the California
Public Utilities Commission to implement an Advanced Meter Program within its jurisdiction in the
City of Bakersfield. The implementation of the advanced meter program requires the
installation of communication devices to all their residential and commercial natural gas meters
and radio frequency data collector units to collect and transmit gas usage information.
Southern California Gas Company desires to install low- powered radio frequency data
collectors within the street right of way at various locations within the City to create a network of
data collection units. The City owns, operates and maintains street light facilities within Southern
California Gas Company's jurisdiction which meet the desired locations and criteria for the
installation of the data collector Units. The City is willing to grant Southern California Gas
Company a non - exclusive, revocable license to attach the data collection equipment to the
street light facilities in order to reduce the number of new infrastructure installations within the
City's right of way.
Southern California Gas Company will compensate the City for their use of the street light poles.
Southern California Gas Company will pay a $200 deposit and a one -time fee of $780 ($39 per
year times 20 years) for each City owned street light pole used for the data collection
equipment. The Street Light Agreement will remain in place for 20 years and may be extended
thereafter for successive one -year terms. Southern California Gas Company anticipates using
13 City owned street light poles to complete their network system.
of
G:\ GROUPDAT \ADMINRPT\2012 \11- 28 \SO. Cal Gas Street Light Agreement.docx
A
ADMINISTRATIVE REPORT
r
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8.'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 15, 2012
Independent
Management
(Ward 2).
APPROVED
DEPARTMENT HEAD 4)
CITY ATTORNEY
CITY MANAGER
Contractor's Agreement ($73,632.00) with Spear Security and
Company for Site Security Services at Bakersfield Amtrak Station
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The Bakersfield Amtrak Station is among the busiest stations in California due to
Bakersfield's station being the end of the line. Passengers traveling south over the Grapevine are
transferring between trains and buses to continue their journey. To improve safety and security of
the station, both Amtrak staff and City staff recommend providing site security during peak hours
to deter transients and parolees being dropped off at the station from loitering.
On October 4, 2012, staff issued a notice of Request for Qualifications and Proposals for Site
Security Services at the Bakersfield Amtrak Station. On October 23, 2012, the following 10 firms
submitted a Statement of Qualifications and Proposals.
Access Control Security ... .....................Northridge
AlliedBarton Security Services LP .........Newbury Park
G4S Secure Solutions (USA) Inc ............
Sacramento
Integrated Security Services ................New
York
M & S Security Services Inc ...................Bakersfield
Middleton Security Services, Inc..........
Bakersfield
PACWEST Security Service ....................Costa
Mesa
RMI International, Inc ...... ......................Paramount
Security America ........... ........................Gardena
Spear Security & Management Co....Los
Angeles
In November 2012, City staff reviewed the submitted Statements of Qualifications and
recommended award of a contract to Spear Security and Management Co. based upon their
qualifications and proposal being the most favorable to the City.
Public transit funds administered by the Kern Council of Governments provide the funding source
for this agreement. There is no General Fund impact associated with this agreement.
PW / Design Engineering r NF
November 20, 2012, 8:19AM
GA GR0UPDAT \ADMINRPT\2012 \11- 28Wmtrak Site Security.Docx
A
° ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ISIKV-
DATE: November 9, 2012
CITY ATTORNEY
CITY MANAGER
M
SUBJECT: Independent Contractor's Agreement ($100,000) with Quad Knopf for providing on-
call environmental services for non - federally funded Capital Improvement Projects
for Fiscal Years 2012 -13 and 2013 -2014 (All wards).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Environmental services are necessary for several Capital Improvement Projects.
Examples of these services include surveying to determine if endangered species inhabit a
project site or conducting training sessions for a contractor's staff to ensure that staff follows
certain procedures if a kit fox comes onto the project site. In the past, these services were
secured through purchase orders or under the Water Resources Department's on -call
agreement. An on -call Public Works' agreement for environment services would enable the
Department to more efficiently schedule and monitor these consultant services.
On September 14, 2012, staff issued a notice to inform interested firms about this program. More
than 60 local and out -of -town firms responded to that notice by obtaining a copy of the City's
Request for Qualifications. On October 12, 2012, the following 10 firms submitted a Statement of
Qualifications, along with their Hourly Billing Rate Schedule.
AECOM Technical Services, Inc . .........
Bakersfield
Dudek. ............................... ......................Encinitas
Live Oak Associates .. ............................San
Jose
LSA Associates, Inc .......... ......................Riverside
Pax Environmental, Inc . ........................Ventura
Quad Knopf ........................ ....................Bakersfield
Sapphos Environmental, Inc ................Pasadena
Stantec Consulting Services, Inc . ........
Bakersfield
SWCA, Incorporated . ............................San
Luis Obispo
UltraSystems Environmental Inc...........
Irvine
In October 2012, a selection committee of City staff reviewed the submitted Statements of
Qualifications and recommended award of a contract to Quad Knopf based upon their
qualifications being the most favorable to the City.
PW / Design Engineering / ADR
November 9, 2012, 12:43PM
G: \GROUPDATWDMINRPT\2012 \11 -28 \On Call Envir Consultant For PW.Docx
ADMINISTRATIVE REPORT
Since specific scopes of work have not yet been determined, the compensation amount under
this agreement is set at a not -to- exceed aggregate total of $100,000 for a two -year period.
Funding for this agreement will be paid for through the actual budgeted project. No additional
appropriations are anticipated at this time.
PW / Design Engineering / ADR
November 9, 2012, 12:43PM
G: \GROUPDATWDMINRPT\2012 \11 -28 \On Call Envir Consultant For PW.Docx
AK
ADMINISTRATIVE REPORT
10
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8, 1.
TO: Honorable Mayor and City Council
FROM: Art R. Chianello, Water Resources Manager
DATE: November 15, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY_
CITY MANAGER
SUBJECT: Reimbursement Agreement with North Kern Water Storage District (not to
exceed $53,253) for City's pro -rata share of costs to participate in Kern River
Weather Modification Program for the 2012/13 season. (Wards 1 through 7)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City of Bakersfield and its predecessors have participated in the Kern River
Weather Modification Program (KRWMP) for nearly fifty years. The ma in objectives of the
"cloud seeding" program or effort is to increase the overall water yield of the Kern River by
"targeting" precipitation to occur in the snow shed above Lake Isabella. This program is jointly
funded by several local agencies with interest in the levels of precipitation within Kern River
Basin.
Each of the participants of this program believes it has proven to be successful over the years.
The results from various fundamental and statistical ongoing studies strongly indicate that
increases in precipitation within the range of 5 -15% have been achieved from properly
designed and operated cloud seeding programs. Prominent among these studies has been
those focused on orographic wintertime clouds, particularly the programs over the Sierra
Nevada mountain range in California.
The participants in this local program include the City of Bakersfield, North Kern Water Storage
District, Kern Delta Water District and Buena Vista Water Storage District. The lead Agency for
the program is North Kern Water Storage District (NKWSD). Under current arrangements,
NKWSD (lead agency) has entered into an agreement with RHS Consulting, Ltd., to carry out
and supervise the Weather Modification Program for an estimated amount not to exceed Two
Hundred Thirteen Thousand and Twelve Dollars ($213,012). The shared cost for each
participant is twenty -five percent (25 %) of the total costs of the program not to exceed Fifty -
Three Thousand Two Hundred Fifty -Three Dollars ($ 53,253).
At its November 7, 2012 meeting, the Water Board approved participation in Kern River
Weather Modification Program and recommended that this reimbursement agreement be
forwarded to City Council for approval.
Funding for this agreement is included in the Water Resources Department FY 2012 -2013
operating budget.
There will be no General Fund dollars spent on this program.
MR
S:\2012 ADMIN REPORTS \Reimbursement Agreement with NKWSD WeatherModPrg.doc
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM: R. M.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 13, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Transportation Impact Fee Agreement with Pulte Homes, Inc. for improvements on
State Route 178 (not to exceed $477,650.88). (Ward 3)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Pulte Homes, Inc. ( Pulte) has developed Tentative Tract 6149 located on the
south side of SR 178 between Comanche Road and Miramonte Drive. Development of this land
required the construction of improvements on SR 178 that are eligible for a Transportation
Impact Fee credit. The Phase III Regional Transportation Facilities List shows Projects #351 and
#599 as the construction of two lanes on State Route 178 from Morning Drive to Rancheria Road
to Panama Lane and Project #599 as the installation of a traffic signal at the intersection of
State Route 178 and Miramonte Drive. Pulte constructed two lanes on State Route 178 along
the frontage of Tract 6149 and also installed the traffic signal at the intersection of State Route
178 and Miramonte Drive, The proportionate impact fee credit for these projects is $735,030.88.
This amount was based upon the value of improvements as listed on the Facilities List. Because
the improvements were constructed in 2006, credits were allowed when the request for TIF
credits was received. To date, Pulte has accumulated $257,380.00 in traffic impact fee credits.
This amount will be deducted from the budgeted amount of $735,030.88. The maximum credit
available as of today's date is $477,650,88.
Pulte Homes has requested that the transportation impact fee credit available from these
improvements be applied to impact fees due on Tentative Tracts 6578, 6148, 6149, 6426, and
6760.
/Ps
G: \GR0UPDAT \ADMINRPT \2012\ 11 -28 \TIF credit agr Pulte Homes T6149,docx
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM: 4941.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 13, 2012
APPROVED
DEPARTMENT HEAD .'
CITY ATTORNEY -
CITY MANAGER
Transportation Impact Fee Agreement with Palma Homes, Inc. for improvements
constructed on Wible Road (not to exceed $61,174.31), (Ward 7)
RECOMMENDATION: Staff recommends adoption of agreement.
BACKGROUND: Palma Homes, Inc. is developing Tract 5362 located at the southeast corner of
Wible Road and Hosking Avenue. Development of said land required the construction of
improvements on Wible Road that are eligible for Transportation Impact Fee credits. The Phase
III Regional Transportation Facilities List shows Project #442 as the construction of two lanes on
Wible Road from SR119 to Panama Lane, Palma Homes constructed one lane on Wible Road
along the frontage of Tract 5362 (.25 miles). The proportionate impact fee credit is $61,174.31.
This amount was based upon the value of improvements as listed on the Facilities List. The
developer has requested that the transportation impact fee credit available from these
improvements be applied to impact fees due upon issuance of new residential building permits
within Tract 5362,
/Ps
GAGR0UPDAT \ADMINRPT \2012\ 11- 28 \TIF credit agr Palma Homes T5362.docx
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM: ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 15, 2012
APPROVED
DEPARTMENT HEAD )/-C
CITY ATTORNEY
CITY MANAGER
Amendment No. 4 to Agreement No. 03 -310 for employment of Virginia Gennaro as
City Attorney for the City of Bakersfield.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On October 22, 2003, City Council approved Agreement No. 03-310 for City Attorney legal
services.
On November 14, 2012, City Council concluded its annual evaluation of the City Attorney.
As a result of that review, City Council directed that the City Attorney contract be amended to
provide the salary adjustment at the rate identified and recently approved in Resolution 059 -12
for the City's Management Units (2% increase effective July 2, 2012).
The attached Amendment No. 4 to Agreement No. 03 -310 identifies this adjustment and is
responsive to Council's direction.
VG:Isc
S: \COUNCIL \ Admins\12 -13 Admins \CityAttyAgr- VG- Amnd4.docx
A
i
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM: Q_ D_
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: November 15, 2012
t�
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 38, 55, 57, 58, 59, 67, 68, 69 and 73 to Agreement No.
09 -076 with Security Paving Company, Inc. ($177,084.91; revised not to exceed
$87,886,541.56; change orders funded with traffic impact fees) for the construction
of the Westside Parkway Phase 2 Project (TRIP) (Wards 2, 4 and 5).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: Phase 2 of the Westside Parkway Project includes the construction of a 6 -lane
freeway from Mohawk Street to Allen Road. Also included in the project is the construction of
interchanges at Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta
Avenue (no interchange at this location).
Change Order No. 38 provides for modifications to the PG &E conduit supports in the Calloway
Drive Overcrossing Bridge. The original plans show the installation of hangers to support the PG &E
conduits; however, PG &E subsequently required the installation of concrete cradles and straps to
install and support these conduits. The cost of this change order is the difference in cost between
the installation of hangers and the concrete cradles and straps. This change order results in a net
increase of $13,197.20.
Change Order No. 55 provides for a net reduction in the quantities of dowel and tie bars to be
installed within the concrete pavement for the freeway. The Caltrans Standard Plans that this
project is using were amended after the project bid and this change resulted in this reduction,
This change order results in a net decrease of $115,937.05.
Change Order No. 57 provides for modifications to a retaining wall located at the Coffee Road
interchange. This retaining wall was originally shown in the plans to be constructed with colored
concrete and have an architectural texture; however, this wall is not visible to the traveling public,
and so the aesthetic treatment of this wall was eliminated. This change order results in a net
decrease of $12,598.81.
Change Order No. 58 provides for the application of an epoxy polyurethane coating to 8 new
sewer manholes required for the relocation of the sewer trunk line in the vicinity of Jewetta
Avenue. This coating is necessary for the protection against corrosion of the manhole walls, but
the coating was not included in the bid set of plans. This change order results in an estimated
increase of $60,000.00.
U; Tdw GAGR0UPDAIIADMINRPT 12012 \11- 28Wdmin Rpt CCO 32 55 58 59 67 68 69 and 73 WSP Phase 2.docx
Change Order No. 59 provides for the replacement of some unstable, sandy material that was
encountered at various areas along the mainline of the freeway, with a Class 2 Aggregate Base
material. Unstable sandy material can adversely affect the construction of the freeway concrete
paving, as it cannot uniformly support the heavy equipment used to construct the roadway. The
City's Construction Manager's recommended replacement of this sandy material, where
encountered, with Class 2 Aggregate Base. Class 2 Aggregate Base is widely used as a base
layer in the construction of engineered roads and is able to support the heavy paving equipment
used for the freeway. This unstable sandy material was not originally anticipated to be
encountered, and so replacement with aggregate base was not part of the original bid
documents. This change order results in a net increase of $ 102,366.01.
Change Order No. 67 provides for additional work necessitated by a new standard issued by
Caltrans after the project was bid. This new standard requires sand blasting of the tops of all
bridge girders prior to the placement of bridge deck concrete on top of these girders. This sand
blasting results in a cleaner surface that the concrete bridge deck better adheres to. All bridges
for the project need to comply with this new requirement. This change order results in a net
increase of $ 10,257.56.
Change Order No. 68 provides for the addition of some slope paving in the vicinity of the Mohawk
Street Overcrossing Bridge. This work was originally planned to be performed during the
construction of Phase 1 (Mohawk Street) of the Westside Parkway; but because of project timing
and efficiencies, this work was deducted from the Phase 1 contract and added to the Phase 2
contract. This change order results in a net increase of $24,800.00. A subsequent deductive
change order, in the same amount, is being processed for the Phase 1 project.
Change Order No. 69 provides for additional work for the removal and disposal of some
unanticipated buried objects (concrete footings, concrete piles, RCP pipes, and steel rails)
encountered during excavation and grading activities for the project. This change order results in
an estimated increase of $ 45,000.00.
Change Order No. 73 provides for modifications to the Friant -Kern Canal Bridge Plans. This
change order adds 5 deck drains to the bridge which were not included in the original plans used
for bidding. This change order results in an estimated increase of $50,000.00.
Staff recommends approval of Contract Change Order Nos. 38, 55, 57, 58, 59, 67, 68, 69 and 73.
Change Orders to date, including these proposed Change Orders, total $11,314,096.49. This is a
14.8% increase over the original Agreement as illustrated below:
• Original Contract Amount = $ 76,572,445.' 07
Previous Change Orders = $11,137,011.,58-
• Current Change Order Nos. 38,55,57,58,59,67,68,69 and 73 = $ 177,084:91
• Amended Contract Agreement after Change Orders = $ 87,886,541.56
Net Increase to date = $ 11,314,096.49
Lt; Tdw G: \GROUPDATWDMINRPT \2012 \11- 28Wdmin Rpt CCO 32 55 58 59 67 68 69 and 73 WSP Phase 2.docx
Much of the added cost for project change orders to date is due to Change Order No. 21 ($5.9
million) which is for the Kern County Water Agency (KCWA) Box Culvert - an item the City was
always paying for, but which was originally to be constructed by the KCWA. Later, after the
Westside Parkway Phase 2 project had bid, KCWA management requested that the City
construct this box culvert as part of the freeway project instead of the KCWA. Also, Change
Order No. 1 for $588,430 was for added work requested and paid for by the North Kern Water
Storage District.
When the Westside Parkway Phase 2 project was bid, the City was trying to utilize all available
State funding to build the project as any unused funds would have to be given back to the State.
This resulted in portions of the project construction bid and contract award being accomplished
with less than final design work completed and as such, a higher amount of change orders than
normally anticipated are expected as the construction progresses. However, because of the
extraordinarily favorable bid climate at the time, the City was able to extend the project limits
from Coffee Road all the way to Allen Road on top of keeping all the State funding intact. These
series of actions have been in the best interest of completing this Project, which is a critical
component of the TRIP program.
Lt; Tdw G: \GROUPDATWDMINRPT \2012 \11- 28Wdmin Rpt CCO 32 55 58 59 67 68 69 and 73 WSP Phase 2.docx
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✓^,��TVj`7 ADMINISTRATIVE REPORT
R1 11,
�q�tF0
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Dianne Hoover, Director of Recreation & Parks
DATE: November 2, 2012
APPROVED
DEPARTMENT HEAD '0 &
CITY ATTORNEY —1-
CITY MANAGER 4
SUBJECT: Appropriate $2,500 contribution from Southern California Gas Company made to
the Recreation and Parks Department Operating Budget within the General Fund
for the Escape School Event. (ward 4)
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
In collaboration with the Bakersfield Police Department, Southern California Gas Company
generously sponsored $2,500 towards the Escape School Event held at the Bright House Networks
Amphitheater on October 12, 2012. Police officials explained current methods of preventing child
abduction, food and drinks were made available, and the evening ended with a family movie.
The City utilized this sponsorship to schedule the family movie, supply necessary equipment,
publicize the event, and secure the staff as needed.
jin
November 2, 2012, 3:33PM:jln
S:IADMINISTRATION DIVISIONVWdmin Rpts\2012 Admins\Escape School - Gas Co.doc
��BAKE
HCORPORT� •S�
ADMINISTRATIVE REPORT
cgL1F0
MEETING DATE: November 28, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD 0 L 14
DATE: November 1, 2012
CITY ATTORNEY J(:�—
CITY MANAGER /CS
SUBJECT: Transfer $151,000 from the Watts /Coral Gables Park project to the Contribution
Account within the Park Improvement Fund to reimburse construction of multi -use
fields at the Friendship House Community Center. (Ward 1)
RECOMMENDATION:
Staff recommends approval of transfer.
BACKGROUND:
On January 11, 2012, Council approved an agreement with Community Action Partnership of
Kern (CAPK) to use $151,000 of available Park Improvement Funds to reimburse CAPK for the
design and construction of a multi -use sports field located at the Friendship House Community
Center (2424 Cottonwood Road). These sports fields will expand sports leagues for children and
improve the quality of life in the surrounding community. CAPK recently completed construction
of this project and has requested the City to reimburse design and construction costs of $151,000.
The City has available Park Improvement Funds within the Watts /Coral Gables Park project which
is for the acquisition of a six (6) acre park located near the Friendship House. This project is within
a development that remains as raw land and is currently idle. Staff recommends transferring
$151,000 from the Watts /Coral Gables Park project to the Contribution Account within the Park
Improvement Fund. This transfer will have no impact to the General Fund.
iln
October 31, 2012, 12:02PNIJIn
C:\ Users\ sforsyth \AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \NKSE9ICG \Friendship House funding.doc
A
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ADMINISTRATIVE REPORT
IF
MEETING DATE: November 28, 2012 AGENDA SECTION: Successor Agency
ITEM: , g
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: November 14, 2012 CITY ATTORNEY
CITY MANAGER_
SUBJECT: Receive and file successor agency payments from October 30, 2012 to
November 13, 2012 in the amount of $22,321.06.
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G\ADMIN — SA \COUNCIL - ADMIN- SA- 2013\ADMIN —SA 11- 28- 12.doc
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ADMINISTRATIVE REPORT
MEETING DATE November 28, 2012 AGENDA SECTION: Closed Session
ITEM: 146. 4,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: November 1, 2012
APPROVED
DEPARTMENT HEAD ✓G
CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel — Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(one case).
• Joe R. Slaughter, et al. v. City of Bakersfield, et al.
KCSC Case No. S- 1500 -CV- 271472 -WPD
VG:Isc
S: \COUNCIL \CI Sess\ Adm1ns \12- 13 \11- 28- 12ExistL1t.docx
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 14, 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, Benham,
Hanson, Sullivan, Johnson
Absent: Councilmember Weir
a. Introduction of student body representatives
participating in the 58th consecutive Teen City
Government Day.
Edwin Ortiz, Foothill High School; Jennifer Hong,
Stockdale High School; Taylor Winter (absent),
Liberty High School; Karlee Rodriguez Juarez,
(absent), North High School; Amanpreet Sarai,
Ridgeview High School; Renae Lewis (absent),
West High School; Esperanza Gutierrez, Mira
Monte High School; Ying Wu, Independence
High School; Chloe Carlson, Centennial High
School; Keely Palla, Garces Memorial High
School; Matt Adams, Frontier High School;
Gabriella Tkac (absent), Bakersfield Christian
High School; and Ashly Mohankumar, Highland
High School.
2. INVOCATION by Pastor Valarie Carlson, Emanuel
Lutheran Church.
3. PLEDGE OF ALLEGIANCE by Evan Negrete, 1 S' grade
student at Colonel Nichols Elementary School.
Mayor Hall acknowledged the students from the Bakersfield
College Political Science class and from the Ridgeview High
School Government class in attendance at the meeting to
learn about City government.
ACTION TAKEN
Bakersfield, California, November 14, 2012 — Page 2
Mayor Hall acknowledged probationary police officer ACTION TAKEN
Michael Crowe in the audience this evening, whom had
suffered a serious off -duty accident and has spent
considerable time in rehabilitation for the impacts of his injury,
and he commended Mr. Crowe on his efforts and wished him
the best of luck as he resumes his status with the Bakersfield
Police Department.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
a. Rick Moore, producer and director of the
upcoming Glorious Christmas musical
presentation at Canyon Hills Church, invited the
Mayor and Council to attend any of the
performances beginning Friday, December 14,
through Sunday, December 16.
b. Kathleen Ellis Faulkner spoke in support of High
Speed Rail.
C. Joseph Curiel and Tim Palmquist spoke in
support of a proposed human life ordinance.
d. Jeremy Wright spoke in support of renaming
Hayes Street to Toliver, and thanked Mayor,
Council and staff for helping build community
support for this endeavor.
e. Ryan Nance spoke in opposition to the
prevailing wage resolution adopted at the last
City Council meeting.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
Bakersfield, California, November 14, 2012 — Page 3
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the October 17, 2012
Regular City Council Meeting.
Payments:
b. Receive and file department payments from
October 5, 2012 to October 29, 2012 in the
amount of $19,765,083.12 and self- insurance
payments from October 5, 2012 to October 29,
2012 in the amount of $367,137.53 totaling
$20,132,220.65.
Ordinances:
C. First Reading of the following Ordinances
amending various sections of the Municipal
Code:
1.
Section 2.04.070 relating to City Council
FR
Meeting Order of Business.
2.
Section 3.20.090(G) relating to formal
FR
contract procedures.
3.
Section 5.08.080 relating to expiration of
FR
alarm system permit.
4.
Section 5.08.160 relating to alarm permit
FR
5.
appeals.
Section 5.08.190 relating to violation of
FR
alarm regulations.
FR
6.
Section 5.32.060(A) relating to
application for massage establishment
and practitioner permit.
7.
Section 10.44.060 relating to truck routes.
FR
8.
Section 12.20.020(B) relating to
FR
revocation of encroachment permits.
9.
Section 13.12.030 relating to
FR
development improvement standards
and specifications.
FR
10.
Section 15.74.190(A) relating to flood
damage exemption and appeal
procedures.
FR
11.
Section 15.78.090(C) relating to
Metropolitan Bakersfield Habitat
Conservation plan mitigation program
violation/ penalty.
12.
Section 15.80.040 relating to limitation as
FR
to minor land division.
Bakersfield, California, November 14, 2012 — Page 4
8. CONSENT CALENDAR continued
Item 8.c. continued
13. Section 15.84.055 relating to reduction or
waiver of transportation impact fee for
low- income housing projects.
14. Section 16.12.030(C) relating to lot line
adjustments.
15. Section 16.12.050 relating to limitation as
to minor land division.
16. Section 16.12.075 relating to approval of
maps conditioned on indemnification of
City.
17. Section 16.16.080(E) relating to extension
of map approval.
18. Section 16.20.060(A) (3) (e) relating to
statements of parties having record title
interest in drill site parcels.
19. Section 16.32.060(E) relating to fees for
sewer facilities.
20. Section 17.04.305 relating to garage or
yard sale.
21. Section 17.08.210 relating to approval of
development entitlement conditioned
on indemnification of City.
22. Section 17.60.020(8) relating to permits
for signs.
23. Section 19.04.050 relating to vehicle
parking at airports.
24. Sections of the Municipal Code which
reference Development Services
Director.
25. Sections of the Municipal Code which
reference Uniform Building Code.
Resolutions:
d. Resolution setting the dates of Regular City
Council Meetings, Budget Hearings, and
Department Budget Presentations for January
through December 2013.
e. Resolution confirming approval by the City
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City
for which structures have secured against entry
or for the abatement of certain weeds, debris
and waster matter and authorizing collection of
the assessments by the Kern County Tax
Collector,
ACTION TAKEN
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
RES 123 -12
RES 124 -12
Bakersfield, California, November 14, 2012 — Page 5
8. CONSENT CALENDAR continued
Sewer connection and construction fee
assessments for 7808 Hooper Avenue:
1. Resolution confirming assessments for
sewer connection fee and construction
fee and authorizing the collection of
assessments by the Kern County Tax
Collector.
2. Agreement with Ronald S. & Rebecca L
Edwards, to pay sewer connection and
construction fees in installments through
the Kern County Tax Collector and
notice of special assessment lien.
g. Resolutions adding the following territories to
the Consolidated Maintenance District and
approving, confirming, and adopting the Public
Works Director's Reports for and authorizing
collection of assessments by the Kern County
Tax Collector.
1. Area 2 -51 (7301 District Boulevard)
2. Area 2 -52 (5551 District Boulevard)
h. Resolution of Intention No. 1730 adding territory,
Area 5 -65 (700 Planz Road) to the Consolidated
Maintenance District and preliminarily
approving, confirming and adopting the Public
Work's Director's Report.
Resolution of Intention No. 1721 to accept
dedication of right of way for Hosking Avenue
at the Northeast corner of Hosking Avenue and
Stine Road.
Agreements:
j. Disposition and Development Agreement with
the Housing Authority of the County of Kern for
Baker Street Village Phase II, ($3,600,695) for the
development of 40 units of affordable multiple -
family apartments at 1014 Baker Street and the
rehabilitation of the Cornet Building and vacant
lot at 1006 Baker Street.
Agreement with Alliance Against Family
Violence and Sexual Assault ($21,667
Emergency Shelter Grant Funds) to support the
operating costs to continue services located at
1600 East Truxtun Avenue.
ACTION TAKEN
RES 125 -12
AGR 12 -137
RES 126 -12
RES 12 7 -12
ROI 1730
ROI 1721
AGR 12 -138
ABS JOHNSON
AGR 12 -139
Bakersfield, California, November 14, 2012 - Page 6
8. CONSENT CALENDAR continued
Agreement with Bethany Services/ Bakersfield
Homeless Center ($68,000 Emergency Shelter
Grant Funds) to support the operating costs for
facility located at 1600 East Truxtun Avenue.
M. Agreement with Bakersfield Rescue Mission
($68,000 Emergency Shelter Grant Funds) to
support the operating costs for the facility
located at 816 E. 215' Street.
n. Agreement with Universal Background
Screening (not to exceed $10,000) for
pre - employment services.
o. Agreement with Canyon Hills Assembly of God
Church ($21,000) to purchase real property
located at the northwest corner of Morning
Drive and State Route 178 for the Morning Drive
Interchange Project. (TRIP)
P. Agreement with Promotora Jardines Del Eden
Corporation ($112,800) to purchase real
property located at the northwest corner of
Morning Drive and State Route 178 for the
Morning Drive Interchange Project. (TRIP)
q. Cooperative Agreement with State of California
Department of Transportation (Caltrans) for
construction of the State Route 58 GAP Closure
Project. (TRIP)
Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract 6448
Unit 9 located south of Stockdale Highway and
west of Renfro Road.
Amendment No. 1 to Agreement No. 1 1 -146
with IPC USA ($2,750,000; revised not to exceed
$5,500,000 and extends term one year), to
continue the supply of full -load gasoline and
diesel fuel.
t. Amendment No. 1 to Agreement No. 1 1 -147
with Valley Pacific Petroleum Services, Inc.
($1,250,000; revised not to exceed $2,500,000
and extends term one year), to continue the
supply of partial -load gasoline and diesel fuel.
ACTION TAKEN
AGR 12 -140
AGR 12 -141
AGR 12 -142
AGR 12 -143
DEED 7562
AGR 12 -144
DEED 7563
AGR 12 -145
AGR 12 -146
AGR 11- 146(1)
AGR 11- 147(1)
Bakersfield, California, November 14, 2012 - Page 7
8. CONSENT CALENDAR continued
U. Amendment No. 1 to Agreements with the
following property owners to pay sewer
connection and construction fees in
installments through the Kern County Tax
Collector:
1. Agreement No. 12 -001 - William J. & Ann
Kinnett, 7705 Hooper Ave.
2. Agreement No. 12 -002 - Ray W. &
Quandala Graham, 7908 Kimberly Ave.
3. Agreement No. 12 -005 - Milton J. &
Marilyn C. Webster, 7712 Kimberly Ave.
4. Agreement No. 12 -006 - Franklin W. &
Dorothy E. Allen, 7913 Hooper Ave.
5. Agreement No. 12 -007 - Richard D. &
Judith I. Baize, 7600 Hooper Ave.
6. Agreement No. 12 -008 - Robert E. &
Carolyn . Balch, 7709 Kimberly Ave.
7. Agreement No. 12 -009 - Roy & Marilyn A.
Garcia, 7804 Kimberly Ave.
8. Agreement No. 12 -010 - Michael D. &
Genita K. Holman, 7608 Kimberly Ave.
9. Agreement No. 12 -011 -Andrew &
Delphine R. Lopez, 7801 Kimberly Ave.
10. Agreement No. 12 -012 - David E. &
Michelle D. Reed, 7605 Kimberly Ave.
V. Contract Change Order No. 62 to Agreement
No. 09 -076 with Security Paving Company, Inc.
($150,526.11; revised not to exceed
$87,709,456.65; change order funded with
traffic impact fees), for the construction of the
Westside Parkway Phase 2 Project. (TRIP)
W. Contract Change Order No. 1 to Agreement
No. 12 -109 with Bowman Asphalt Inc. ($48,808;
revised not to exceed $461,220), for the Hosking
Avenue and Wible Road Street Improvements
Project.
X. Contract Change Order Nos. 1 and 2 to
Agreement No. 12 -099 with Security Paving
Company ($56,722.77; revised not to exceed
$1,152,767.10) for the Pavement Rehabilitation
2012 Phase 2: Panama Lane from State Route
99 to South H Street.
ACTION TAKEN
AGR 12- 001(1)
AGR 12- 002(1)
AGR 12- 005(1)
AGR 12- 006(1)
AGR 12- 007(1)
AGR 12- 008(1)
AGR 12- 009(1)
AGR 12- 010(1)
AGR 12- 011(1)
AGR 12- 012(1)
AGR 09 -076
CC062
AGR 12 -109
CCO1
AGR 12 -099
CCO1, CCO2
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Bakersfield, California, November 14, 2012 — Page 9
8. CONSENT CALENDAR continued
Miscellaneous:
hh. Appropriate $60,000 Federal Grant Revenues
(FY 2012 -13 Sobriety Checkpoint Mini -Grant
Award from the State Office of Traffic Safety) to
the General Fund Police Operating budget, to
fund overtime for DUI checkpoints in the Traffic
Division.
ii. Appropriate $395,000 Landfill Closure Fund
balance to the Public Works Department's
Capital Improvement budget for costs
associated with the Landfill Closure Project.
Department of Housing & Urban Development
(HUD) Action Plan Amendment No. 7 (FY 06/07),
Amendment No. 15 (FY 08/09), Amendment
No. 8 (FY 10 /11), and Amendment
No. 2 (FY 12/13).
kk. Acceptance of 2010 -11 Transportation
Development Act Funds Financial Statements.
Successor Agency Business:
Receive and file successor agency payments
from October 5, 2012 to October 29, 2012 in the
amount of $307,531.85.
Councilmember Johnson announced he would
abstain due to conflict of interest, source of income,
on item 8.j.
ACTION TAKEN
Motion by Vice -Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.11. AB WEIR
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
Mayor Hall recessed the meeting at 5:57 p.m. and
reconvened the meeting at 6:00 p.m.
10.
Bakersfield, California, November 14, 2012 — Page 10
HEARINGS ACTION TAKEN
a. Resolution adopting the Negative Declaration RES 128 -12
and approving the closing and construction of
cul -de -sacs of Beech, Myrtle, Spruce, Pine,
Cedar, A, B, and C Streets south of 24th Street,
subject to conditions.
City Clerk Gafford announced that
correspondence was received regarding
this hearing, as follows: e -mails from Bob and
Kristie Coons, Don Stansbury, and Ann Deiner;
correspondence from Ron Fraze, Vanessa and
Darlene Vangel, Dr. Romain Clerou Family, Rose
and Frank Munoz, David Boyd, Jerry and Anne
Seydel, and an individual letter from Jerry
Seydel.
Public Works Director Rojas made staff
comments and introduced Assistant Public
Works Director Underwood, who provided a
PowerPoint presentation, and recommended
adoption of the Negative Declaration and
approval of the Resolution.
Hearing opened at 6:21 p.m.
The following individuals spoke in opposition to
the staff recommendation: Dave Cross,
representing the Dr. Romain Clerou Family and
the Del Toro -Diaz Family, and submitted written
material; Vanessa Vangel, on behalf of her
mother and herself; Terry Maxwell; and Julie
Regal, representing her father, Dr. Romain
Clerou, and members of her family.
Motion by Councilmember Benham to extend APPROVED
the speaking time to an additional 15 minutes AB WEIR
for each side.
The following additional individuals spoke in
opposition to the staff recommendation:
Tomas Del Toro -Diaz; and Jerry Seydel.
The following individuals spoke in support of the
staff recommendation: Mike Hawkesworth;
Ron Fraze; Wayne Kress; Lamar Kerley; Susan
Ferguson; Dominique Minaberrigarai,
representing himself and Mr. Charles Hong; Jeff
Lemucchi; John Hale, representing his
neighbors on Pine Street between 22nd and 24th
streets; Robert Massey; and Jamie Hickock,
representing his neighbors on B Street between
22nd and 24th streets.
Bakersfield, California, November 14, 2012 — Page 11
10. HEARINGS continued
Item 10.a. continued
The following individuals spoke in opposition rebuttal
to the staff recommendation: Vanessa Vangel; Julie
Regal; and Dave Cross.
The following individuals spoke in support rebuttal of
the staff recommendation: Robert Massey; and John
Hale.
Hearing closed at 7:19 p.m.
Councilmember Benham requested the record
reflect that N this enabling legislation Is approved
tonight, there remains the availability to opt out N
any street Is unable to reach consensus or the consent
of the property owners on the north end.
Motion by Counclimember Benham to adopt the
Negative Declaration and approve the Resolution as It
was discussed tonight with the 84 -foot diameter with
the sidewalks as staff has discussed to make It ADA
compliant.
b. General Plan Amendment /Zone Change
No. 12 -0244; McIntosh & Associates,
representing Amber Investments, LLC (property
owners), has applied for a general plan
amendment and zone change on 10.26 acres
generally located at 12714 Allen Road,
northeast corner of Allen Road and Stockdale
Highway.
Resolution adopting the Negative
Declaration and approving the general
plan amendment changing the land use
designation from OC (Office
Commercial) 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 C -O
(Professional and Administrative Office)
to C -2 /PCD (Regional
Commercial /Planned Commercial
Development).
ACTION TAKEN
APPROVED
AB WEIR
RES 129 -12
FR
Bakersfield, California, November 14, 2012 — Page 12
10. HEARINGS continued ACTION TAKEN
Item 10.b. continued
Community Development Director Mclsaac
made staff comments and recommended
adoption of the Resolution and give first
reading to the Ordinance.
City Clerk Gafford announced correspondence
was received from Tonya Riley in opposition to
this matter.
Hearing opened at 7:35 p.m.
The following individuals spoke in opposition to
the staff recommendation: Alex Georgian and
Ann Georgian.
Mayor Hall acknowledged Mr. and
Mrs. Georgian for their efforts in picking up litter
In their neighborhood.
The following individuals spoke in support of the
staff recommendation: Roger McIntosh, with
McIntosh & Associates, representing Steve and
Carrie Anderson of Amber Investments; and
John Hale.
Alex Georgian spoke in rebuttal opposition to
the staff recommendation.
No one spoke in rebuttal support of the staff
recommendation.
Hearing closed at 7:48 p.m.
Motion by Vice -Mayor Couch to adopt the APPROVED
Resolution and give first reading to the AS WEIR
Ordinance.
Bakersfield, California, November 14, 2012 — Page 13
11. REPORTS
a. Amenity Replacement Plan for Pools:
1. Splash Pad at Siemon Park.
2. Skate Park and additional Picnic Areas
at Planz Park.
3. Appropriate and transfer $105,000 in
Transient Occupancy Taxes Fund
balance to the Public Works
Department's Capital Improvement
budget within the Capital Outlay Fund
for the demolition and design phases of
the replacement amenities for Siemon
and Planz Pools.
Administrative Analyst Huot made staff
comments, provided a PowerPoint
presentation, and advised that the Community
Services Committee recommends approval of
amenity replacement plan and appropriation
and transfer of funds.
ACTION TAKEN
Motion by Councilmember Sullivan to approve APPROVED
amenity replacement plan and appropriation AB WEIR
and transfer of funds.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson requested that when staff
does the overview of the bike master plan for the
community, he would like to incorporate adding the
bike lanes on Wible Road into that review.
Councilmember Salas asked staff to provide a memo
to the rest of the Council regarding what the City is
trying to accomplish with the Public Utilities
Commission to bring additional funding to help with
the different solar projects for the residents of
Bakersfield.
Bakersfield, California, November 14, 2012 - Page 14
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan announced that her
granddaughter had a new baby boy this morning.
Mayor Hall announced that Vice -Mayor Couch will be
closing the meeting at the conclusion of Closed
Session.
15. CLOSED SESSION
a. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1)/54957.6.
Motion by Vice -Mayor Couch to adjourn to Closed APPROVED
Session at 8:05 p.m. AB WEIR
Motion by Councilmember Salas to adjourn from APPROVED
Closed Session at 8:57 p.m. AB WEIR
RECONVENED MEETING AT 8:57 p.m.
16. CLOSED SESSION ACTION
a. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b) (1)/54957.6.
Vice -Mayor Couch announced City Attorney Gennaro
received a favorable evaluation.
City Attorney Gennaro thanked the Council for its
support and great cooperation over the years;
announced she would miss those who will not be here
next year; and that staff was unanimously directed to
prepare an amendment to the City Attorney's
contract and to include the City Management Group
increase, which became effective in July of 2012.
STAFF GIVEN
DIRECTION
Bakersfield, California, November 14, 2012 — Page 15
17. ADJOURNMENT ACTION TAKEN
Vice -Mayor Couch adjourned the meeting at
8:58 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield