HomeMy WebLinkAbout02/13/13_CC_AGENDA_PACKETREGULAR MEETING - 3:30 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CLOSED SESSION
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF FEBRUARY 13, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 3:30 p.m. and 5:15 p.m.
a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b) (3) (A) of Government Code Section 54956.9. (two matters).
b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 regarding Reynaldo Canales v.
City, et al, USDC, Eastern District Case No. 1: 1 2-CV-00262-AWI-J LT.
4. CLOSED SESSION ACTION
5. ADJOURNMENT
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
2. INVOCATION by Minister Cathy Shelton, Cornerstone Church.
3. PLEDGE OF ALLEGIANCE by Mla Vargas, kindergarten student at Panama Elementary
School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Caroline Kim, Ford Dimension,
declaring February 17 -23, 2013, as Celebrating Autism Through Art Week.
b. Presentation by Mayor Hall of a Proclamation to Heidi Carter - Escudero, declaring
February 2013, as Safely Surrendered Baby Awareness Month.
5. PUBLIC STATEMENTS
6. WORKSHOPS
(15 min,) a. TRIP Financing and TIFIA Loan Workshop. (Presentation by Nelson Smith, Finance
Director)
7. APPOINTMENTS
a. One appointment to the Keep Bakersfield Beautiful Committee, due to the
resignation of Alternate Member Dorothy Vokolek (Ward 4), whose term expires
November, 2014.
Staff recommends Council determination.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 23, 2013 Regular City Council Meetings.
Payments:
b. Receive and file department payments from January 11, 2013 to January 31, 2013
In the amount of $16,053,959.90 and self- insurance payments from January 11, 2013
to January 31, 2013 in the amount of $444,934.06 totaling $16,498,893.96.
Ordinances:
(Ward 2) C. Adoption Ordinance adopting a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal Code by changing the zone district
from P.C. D. (Planned Commercial Development) to C -C (Commercial Center) on
1.47 acres located on the west side of Baker Street between Lake and Kentucky
streets (ZC # 12 -0416 - The Kern County Housing Authority In partnership with the City.
(FR 01/23/13)
Resolutions:
d. Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorizing collection of the assessments by the
Kern County Tax Collector.
(Ward 3) e. Approval of the Issuance of tax - exempt revenue bonds by the Housing Authority of
the County of Kern:
1. Resolution approving the Issuance by the Housing Authority of the County of
Kern of rental housing bonds (not to exceed $15 million) for the purchase and
rehabilitation of approximately 160 units of multi - family rental housing at 7000
Auburn Street.
2. Indemnification agreement between the City and the Housing Authority of
the County of Kern.
(Ward 3) f. Wet Play Equipment for Siemon Park:
1. Resolution dispensing with the formal bidding procedures in the purchase of
wet play equipment from Vortex Aquatic Structures International, Inc., for
Installation, not to exceed $150,000.
2. Appropriate $150,000 Park Development Fund balance (Central Zone 2) to
the Public Works Department's Capital Improvement budget to fund
purchase.
City Council Meeting of 2/13/2013
8. CONSENT CALENDAR continued
(Ward 1,2,3,7) g. Resolutions adding the following territories 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:
1, Area 1 -92 (4621 Burr Street)
2. Area 4 -109 (2830 Eye Street)
3, Area 4 -110 (1228 K Street)
4. Area 4 -111 (230 Golden State Avenue)
5. Area 5 -66 (1400 So. Mt. Vernon Avenue)
6. Area 5 -67 (1800 White Lane)
(Ward 1) h, Sewer connection and construction fees assessments for 108 N. McDonald Way:
1, Resolution confirming assessments for sewer connection and construction fees
and authorizing the collection of assessments by the Kern County Tax
Collector,
2. Agreement with Frank K, McDowell II Trust to pay sewer connection and
construction fees In Installments through the Kern County Tax Collector,
Agreements:
(Ward 7) i, Agreement with Clifford and Brown (not to exceed $75,000) for legal services in
connection with the acquisition of an easement for a sewer pipeline, which will
become part of the City's public utility sewer system,
(Ward 3,4,5,6,7) J. Agreement with Wilson and Associates (not to exceed $46,800), to provide
continuing disclosure services for various Special Assessment Districts.
(Ward 1 -6) k, Settlement Agreement with Bolthouse Farms ($800,000) for collection and treatment
of large unreported sewer discharges,
I. Kern River Weather Modification Program for the 2012/2013 season:
1, Reimbursement Agreement with North Kern Water Storage District (not to
exceed $53,253) for City's pro -rata share of costs to participate in the
Program.
2. Indemnification Agreement with RHS Consulting, LTD, which indemnifles the
City against actual weather modification (cloud seeding) work performed
under the Program.
(Ward 7) m, Agreement with Manbar Singh and Taran Singh, Trustees of the Singh Family Trust
($7,000), to purchase property at 6640 Wible Road for the Wlble Road Widening
Project,
n, Amendment No. 2 to Agreement No, 11 -067 with Spence Spraying Service allowing a
name change only to Allied Weed Control, Inc., for the continuance of the annual
contract for chemical application,
(Ward 1) o. Amendment No. 3 to Agreement No. 99 -329 with Kern Refuse Disposal, Inc, (KRD),
and Metropolitan Recycling, LLC (MRC), for assignment and assumption of lease of
property within the Mt, Vernon Recycling Facility and termination of sublease
between KRD and MRC,
City Council Meeting of 2/13/2013
8. CONSENT CALENDAR continued
p. Amendment No. 1 to Agreement No. F12 -006 with Gould Auction & Appraisal
Company ($60,000; revised not to exceed $100,000 and extend term one year), to
continue the annual contract for auctioneer services.
(Ward 2) q. Amendment No. 1 to Agreement No. 12 -100 with Chelsea Investment Corporation to
use $1,200,000 in housing or HOME Investment Partnership (HOME) funds and
$830,232 from Neighborhood Stabilization Program (NSP) III funds as a
Predevelopment Loan for the development and construction of the Mill Creek
Courtyard Senior Residences located at 1303 S Street.
(Ward 4) r. 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 -025 - John S. & Elaine M. Thompson, 7904 Hooper Ave.
2, Agreement No. 12 -027 - Timothy & Rhonda L. Roshau, 7908 Hooper Ave.
3. Agreement No. 12 -030 - Charles H. & Donna J. Braughton, 8001 Hooper Ave.
Bids:
S.
Accept bid from Golden State Peterbilt ($619,687.03), for two replacement front
loading refuse trucks for the Public Works Department, Solid Waste Division.
t.
Accept bids from McCain, Inc. ($60,189.52), and DDL Traffic, Inc. ($2,531.63), for
traffic signal equipment. Total bid amount is $62,721.15.
(Ward 4) U.
Accept bid and approve contract with Pacific Coast Excavation, Inc. ($170,309), for
the Storm Drain Improvements within existing Tract 5084 (Las Entradas, Calle Alisos
and Calle Elegance).
(Ward 3) V.
Mohawk Street Improvements from Rosedale Highway to Siena Lane:
1. Approve Design Consultant Agreement with Ruettgers & Schuler ($236,100) to
provide final engineering design services.
2. Appropriate $194,000 Transportation Development fund balance to the Public
Works Department's Capital Improvement Budget for funding of consultant
agreement.
Miscellaneous:
W.
Revised job specifications for Fire Captain - # 67180 and Fire Engineer - # 32150.
X.
Department of Housing & Urban Development (HUD) Fiscal Year 10 /11 Action Plan
Amendment No. 9 and Fiscal Year 12/13 Action Plan Amendment No, 3.
Successor Agency Business:
Y. Receive and file successor agency payments from January 11, 2013 to
January 31, 2013 in the amount of $388,151.83.
Staff recommends adoption of Consent Calendar items 8a. through 8, y.
4 City Council Meeting of 2/13/2013
9. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 3) a. General Plan Amendment /Zone Change No. 12 -0264; Scott Underhill, representing
Bruce and Melanie Lynn, (property owners) has applied for a general plan
amendment and zone change on 48,780 square feet generally located 150 feet
south of the southwest corner of Oswell Street and Bernard Street. (Staff recommends
adoption of Resolution and first reading of the Ordinance.)
1. 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 a Negative Declaration and amending
the Official Zoning Map in Title 17 of the Municipal Code by changing the
zone district from C -O (Professional and Administrative Office) to C -1
(Neighborhood Commercial).
(Ward 1) b. General Plan Amendment /Zone Change No. 12 -0286; Advanced Geomatics
Engineering, representing Rajvir Singh Gill et al, (property owners) has applied for a
general plan amendment and zone change on approximately one acre located
along the west side of South Union Avenue, approximately 400 feet north of Panama
Lane. (Staff recommends adoption of Resolution and flrst reading of the Ordinance.)
Resolution adopting the Negative Declaration and approving the general
plan amendment changing the land use designation from LR (Low Density
Residential) to HMR (High Medium Density Residential).
2. First Reading of Ordinance adopting a Negative Declaration and amending
the Official Zoning Map in Title 17 of the Municipal Code by changing the
zone district from R -1 (One Family Dwelling) to R -2 /PUD (Limited Multiple
Family /Planned Unit Development).
(Ward 6) C. General Plan Amendment No. 12 -0349; McIntosh & Associates, representing Black
Ops Real Estate, LLC (property owners), has applied for a general plan amendment
on 27.36 acres and a zone change on 56.19 acres located south of Panama Lane,
approximately 700 feet west of Stine Road on the west side of Farmers Canal. (Staff
recommends adoption of Resolution and first reading of the Ordinance.)
1. Resolution adopting the Negative Declaration and approving the general
plan amendment changing the land use designation from LR (Low Density
Residential) to HMR (High Medium Density Residential) on 27.36 acres.
2. First Reading of Ordinance adopting a Negative Declaration and amending
the Official Zoning Map in Title 17 of the Municipal Code by changing the
zone district from R -1 (One Family Dwelling) to R -2 (Limited Multiple Family
Dwelling) on 56.19 acres.
City Council Meeting of 2/13/2013
9. CONSENT CALENDAR PUBLIC HEARINGS continued
(Ward 6) d. General Plan Amendment /Zone Change No. 12 -0355; Marino /Associates,
representing Kerfoot Family Trust, (property owners) has applied for a general plan
amendment and zone change on 14.14 acres located along the south side of Taff
Highway, approximately 1/4 mile west of Stine Road. (Staff recommends adoption of
Resolution and first reading of the 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 a Negative Declaration and amending
the Official Zoning Map in Title 17 of the Municipal Code by changing the
zone district from R -1 (One Family Dwelling) to C -2 /PCD (Regional
Commercial /Planned Commercial Development).
(Ward 4) e. General Plan Amendment /Zone Change No, 12 -0373; McIntosh & Associates,
representing Buckey Family L.P. (property owners), proposes a general plan
amendment and zone change on 27.56 acres at the southeast corner of Snow Road
and Quail Creek Road. (Staff recommends adoption of Resolution and first reading of the
Ordinance.)
1. Resolution adopting a Negative Declaration and approving the general
plan amendment changing the land use designation from R -IA (Resource -
Intensive Agriculture) to SR (Suburban Residential).
2, First Reading of Ordinance adopting a Negative Declaration and amending
the Official Zoning Map in Title 17 of the Municipal Code by changing the
zone district from A (Agriculture) to E (Estate).
10. HEARINGS
(Ward 4) a. General Plan Amendment /Zone Change No. 12 -0372; McIntosh & Associates,
representing Black Ops Real Estate, LLC (property owners), has applied for a general
plan amendment and zone change on 20.41 acres located on the north side of
Rosedale Highway, 660 feet west of Allen Road.
1. Resolution adopting the Negative Declaration, denying the appeals and
approving the general plan amendment changing the land use designation
from SR (Suburban Residential), LR (Low Density Residential) and LMR (Low
Medium Density Residential) to HMR (High Medium Density Residential).
2. First Reading of Ordinance adopting a Negative Declaration, denying the
appeals and amending the Official Zoning Map in Title 17 of the Municipal
Code by changing the zone district from E (Estate) and R -1 -CH (One Family
Dwelling with Church Overlay) to R -2 /PUD (Limited Multiple Family
Dwelling /Planned Unit Development).
Staff recommends adoption of Resolution and first reading of the Ordinance.
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
City Council Meeting of 2/13/2013
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respectfully submitted,
Alan Tandy
64— City Manager
2/7/13 8:19am
City Council Meeting of 2/13/2013
AGENDA HIGHLIGHTS
February 13, 2013 COUNCIL MEETING
REGULAR MEETING - 3:30 p.m.
NOTE: In accordance with the new starting time for City Council meetings that went Into
effect as of 2013, a separate meeting will be called to order at 3:30 p.m., followed by
Public Statements that will encourage comments pertaining only to Closed Session
Imo. The Council will recess into Closed Session and, upon conclusion of the Closed
Session, any Closed Session action will be announced and the meeting will be adjourned.
At 5:15, the Regular Meeting will be called to order to address the remainder of the
agenda items.
Item 3a. There will be a conference with legal counsel regarding two matters of potential
litigation and one matter of existing litigation.
REGULAR MEETING - 5:15 p.m.
WORKSHOPS
Finance Director Nelson Smith will present an update on the TRIP financing plans, including
the City's proposed TIFIA loan application to assist in funding the local match for the
various TRIP projects.
Item BE Spray Park Project at Siemon Park. In an effort to accelerate construction of this
project, which will replace the closed pool at Siemon Park, this item requests approval of a
sole source resolution to purchase the necessary equipment. The supplier, Vortex Aquatic
Structures International, Inc. is the same manufacturer that supplied the equipment for the
spray parks the City has previously constructed. In addition, approval of an appropriation
in the amount of $150,000.00 for the purchase costs of the equipment is requested.
Item 8q. Amendment to development agreement with Chelsea Investment Corporation
for the Mill Creek Courtyard Senior Residences. The funding for this senior apartment
housing complex for the South Mill Creek area was to be derived from a combination of
redevelopment funds and federal funds, with the City contributing the land. However, in
December, 2012, the State Department of Finance (DOF) issued a ruling that the project is
ineligible to receive the $1.2M in redevelopment funding that had originally been
committed to it. Staff disagrees with the DOF's interpretation, and we are considering a
challenge to their ruling. However, in the meantime, it is necessary to have alternative
funding in place to replace the $1.2M so that the project will remain viable. In addition,
replacement of the redevelopment funding is needed to avoid repaying $2,469,000 to the
State for Proposition IC grant funding previously awarded on the condition that the
Courtyard project would be constructed as one of the planned housing projects for Mill
Creek. Therefore, this action requests a proposed amendment to the agreement with
Chelsea Investment Corporation to allow for replacement of the $1.2M funding with a
loan from federal HOME funds in that same amount. The amendment is structured so that
in the event the DOF ruling is overturned and the redevelopment funding is reinstated, the
$1.2M can be paid from either redevelopment funds or the HOME funds. The agreement
terms provided for a loan from the City to the developer in the amount of $4,050,000, to
be paid back at 3% interest from residual receipts under a 55 -year term; those terms will
remain unchanged. The agreement also included $830,232 in federal NSP funds, which
must be expended by February 28, 2013, or we risk forfeiture. However, the agreement
also stipulates that the City's financial assistance can not be spent until Chelsea is
awarded the necessary tax credits for the project. In order to avoid loss of the NSP funds,
the amendment would allow them to be spent as a predevelopment loan to pay for
some of the preliminary expenses for the project, including architectural /engineering
plans and impact fees. Chelsea has a successful track record of developing successful
urban infill projects, including the adjacent CityPlace family housing project Mill Creek.
They have already been awarded $710,000 in Affordable Housing Program funds for the
Courtyard project, which will increase their ability to receive the necessary points for a
financing award in March. In the event they are unsuccessful in the March round and in
the second application round later in 2013, the amendment provides for termination of
the City's agreement with Chelsea, allowing the City the ability to find another developer
for the project.
As a related action on this agenda, Item 8x. includes a request for a HUD Action Plan
amendment to shift $601,495 in funding from the Housing Urban Downpayment Assistance
program to the New Construction Assistance program to be included in the $1.2 HOME
funding, as explained above.
Items 9a. - 9e. General Plan Amendments /Zone Changes. State law allows for changes
to the General Plan four times a year. Depending on the need, The City typically
considers GPAs on a quarterly basis. This agenda includes five GPA /Zone Change
applications that have been included in the Consent Calendar section. The items have
not been individually summarized in this memorandum, as the applications have not
generated staff concern or any public opposition, to date. The Planning Commission
conducted public hearings for these five GPA /Zone Change requests (Items 9a. - 9e.) on
December 20, 2012 and recommended approval to the City Council. There were no
speakers in opposition to any of the five projects at the public hearings.
Agenda Highlights - February 13, 2013 Council Meeting
Page 2
Item 10a. GPA /Zone Request Change for 20.41 acres north or Rosedale Highway and west
of Allen Road. This request from McIntosh & Associates, representing the owner, Black Ops
Real Estate, LLC, is for a land use designation from Suburban Residential, Low Density
Residential, and Low Medium Density Residential to High Medium Density Residential for
the purpose of developing duplex and multi - family housing with a maximum of 225 units.
The zone district would change from Estate and One Family Dwelling with Church Overlay
to a Limited Multiple Family Dwelling /Planned Unit Development designation. The
Planning Commission held a public hearing for this GPA /Zone Change on December 20,
2012 and recommended approval to the City Council, with the addition of a Planned Unit
Development overlay on the proposed zone change. Six individuals spoke in opposition to
the project at the public hearing. Two of those speakers subsequently submitted letters
appealing the Planning Commission's recommendation. In addition, the applicant,
McIntosh & Associates, has submitted a letter in opposition of the Planning Commission's
recommendation for the PUD overlay zone. The three letters of opposition are included
with the administrative report for this item. Staff is recommending denial of the appeals
and approval of the GPA /Zone Change.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - February 13, 2013 Council Meeting
Page 3
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ADMINISTRATIVE REPORT
MEETING DATE February 13, 2013 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: January 24, 2013 CITY ATTORNEY
CITY MANAGER DS
SUBJECT: Conference with Legal Counsel — Potential Litigation
Closed session pursuant to subdivision (b) (3) (A) of Government Code section
54956.9 (two matters).
VG:Isc
S: \COUNCIL \CI Sess\ Adm1ns \12- 13 \02- 13- 13PotLit.docx
ADMINISTRATIVE REPORT
MEETING DATE February 13, 2012 AGENDA SECTION: Closed Session
ITEM: 6.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ✓c
DATE: February 5, 2013 CITY ATTORNEY V(!:�-
CITY MANAGER )e
SUBJECT: Conference with Legal Counsel — Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(one case)
• Reynaldo Canales v. City of Bakersfield, et al.
USDC, Eastern District Case No. 1: 1 2-CV-00262-AWI-J LT
VG:Isc
S: \COUNCIL \CI Sess\ Admins \12- 13 \2- 13- 13ExistLit.docx
MEETING DATE: February 13, 2013 AGENDA SECTION: Presentations
ITEM: Hi ,a,
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: February 1, 2013
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER C,S
SUBJECT: Presentation by Mayor Hall of Proclamation declaring February 17 -23, 2013, as
"Celebrating Autism Through Art Week" to Caroline Kim, Ford Dimension.
RECOMMENDATION:
BACKGROUND:
ndw
February 1, 2013, 11:41AM
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MEETING DATE: February 13, 2013 AGENDA SECTION: Presentations
ITEM: H.
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: February 1, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation declaring February, 2013, as "Safely
Surrendered Baby Awareness Month" to Heidi Carter- Escudero.
RECOMMENDATION:
BACKGROUND:
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February 1, 2013, 11:43AM
W:WIAYORADMIN\2013 \Safely Surrendered Baby Awareness Month.dot
BA., R
ADMINISTRATIVE REPORT
1
MEETING DATE: February 13, 2013 AGENDA SECTION: WORKSHOPS
ITEM: , 0L
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: February 7, 2013
SUBJECT: TRIP Financing and TIFIA Loan Workshop
RECOMMENDATION: No action required.
BACKGROUND:
APPROVED
DEPARTMENT HEAD fTe::�
CITY ATTORNEY
CITY MANAGER_ e5 _
The TRIP program funding obligates the City to provide a local matching component to the Federal
earmark funding in order to fund the total costs of each project. We are at the point now where we
need to start laying the legal and financial groundwork to facilitate both short term and long term
financings that will be needed to complete the various TRIP projects.
Staff will provide a brief workshop to update the Council regarding the status of TRIP financing,
including plans to apply for a Federal Transportation Infrastructure Finance and Innovation Act ( TIFIA)
loan to potentially assist us with our long term financing needs. A copy of the presentation slides are
attached for your review and information.
February 7, 2013, 2:07PM
S:WdminWdmin Reports\Admin - TRIP Financing TIFIA loan workshop Feb 2013.doc
MEETING DATE: February 13, 2013 AGENDA SECTION: Appointments
ITEM: -7 . Q
TO: Honorable Mayor and City Council APPROVED
FROM:
IgAt 4
SUBJECT:
Roberta Gafford, City Clerk
January 30, 2013
One appointment to
resignation of Alternate
November, 2014.
DEPARTMENT HEAD
CITY ATTORNEY y
CITY MANAGER
the Keep Bakersfield Beautiful Committee due to the
Member Dorothy Vokolek (Ward 4), whose term expires
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND: There is one vacancy on the Keep Bakersfield Beautiful Committee due to
the resignation of the Ward 4 Alternate Member, Dorothy Vokolek, whose term expires in
November, 2014.
Applications for this appointment were received from the following:
• Amber Beeson
• Bruce Blythe
• Brooks Douglass
• Donna Webb
The Keep Bakersfield Beautiful Committee (KBBC) was formed on June 28, 2000. The Committee
is comprised of eight (8) Mayor /Council- appointed members, who take on the responsibility of
decision making for the beautification program. On July 30, 2009, the City Council adopted
Ordinance 4520 which allows each Councilmember and the Mayor to appoint one Alternate
member to the KBBC. Each Alternate is allowed to vote in the place of their corresponding
appointed Regular Committee members when absent.
The duties of the KBBC are to recommend policies and specific programs to the City Council
which promote the Mission Statement of the KBBC, as reflected in its Bylaws on file with the City
Clerk. In addition, the KBBC shall actively participate in the implementation of various programs
and projects to achieve the KBBC Mission Statement. The Committee Coordinator of the KBBC
will be the liaison between KBBC and the City Council, and shall provide the Council, upon
request, written reports on the activities of the KBBC.
The news release for this recruitment was posted on December 14, 2012.
January 30, 2013, 11:11 AM
V:\Bds &Comm \KBBC\2013\Adminlstrative Report 02.13.13.docx
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ADMINISTRATIVE REPORT
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
February 1, 2013
APPROVED
DEPARTMENT HEAD TL A &,
CITY ATTORNEY
CITY MANAGER S
Approval of Minutes of the January 23, 2013 Regular City Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
10
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: 1?
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: January 31, 2013 CITY ATTORNEY WX-
CITY MANAGER /w
SUBJECT: Receive and file department payments from January 11, 2013 to January 31,
2013 in the amount of $16,053,959.90, Self Insurance payments from January
11, 2013 to January 31, 2013 in the amount of $444,934.06, totaling $16,498,893.96
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
January 31, 2013, 3:24PM
SAKim GWDMIN \COUNCIL - ADMIN- AP- 2013\ADMIN —AP 021313.doc
A
ADMINISTRATIVE REPORT
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MEETING DATE: February 13, 2012 AGENDA SECTION: Consent Calendar
ITEM: Q, C,
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD ?�___
DATE: January 18, 2013 CITY ATTORNEY Pq -
CITY MANAGER
SUBJECT: Adoption of ordinance adopting a Negative Declaration and amending the Official
Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from
a P.C.D. (Planned Commercial Development) to C -C (Commercial Center) 1.47
acres located on the west side of Baker Street between Lake and Kentucky Streets.
(ZC #12-0416 - The Kern County Housing Authority in partnership with the City of
Bakersfield) Ward 2
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on January 23, 2013.
The property is currently designated by the Land Use Element of the General Plan for mixed
use development (MUC). The current PCD zoning, which includes land along both sides of
Baker Street, was created for the Baker Street Village, a phased multiple - family and
commercial mixed use development project. Phase 1 is on the east side of Baker Street
consisting of a multi -use building with commercial space on the first floor and 13 residential
lofts above, and buildings to the east with 24 townhomes. After Phase 1 stalled midway
through construction during the economic downturn, the Kern County Housing Authority
completed the project and is successfully managing the housing project, and is actively
marketing the commercial space. Phase 2 is on the west side of Baker Street is currently
undeveloped.
The Housing Authority has partnered with the City on resurrecting Phase 2 of the Baker Street
Village to develop approximately 50 multiple - family housing units and remodel the existing
Cornet Building as a community center. However, in order to proceed with a new project, it
was determined that the existing PCD zone (which included an approved development plan)
was no longer feasible as designed. Changing the zone to the City's C -C (mixed -use) zone
would provide much needed development review flexibility similar to what currently exists in
the surrounding area, including shortened project processing times.
January 18, 2013, 4:08PM
jeng/ S:1Dana%ADMINS120131FE812 -13 -ZC -0416 2.doc
ADMINISTRATIVE REPORT
On December 20, 2012, the Planning Commission held an advertised public hearing on the
zone change request and on a 3 -2 vote, recommended that the City Council approve the C-
C zone, but add the PCD combining zone, which would require the Commission to review
development plans at future public hearings. The vote split was due to the addition of the
PCD combining zone. The Housing Authority and City staff was opposed to the inclusion of the
PCD combining zone as were Commissioners Lomas and Strong. There were no public
comments on the zone change and therefore, no justification to add an additional layer of
review.
The purpose of the PCD combining zone is to allow for innovative design that requires
modification of standards that cannot be met through conventional means. However, the
Housing Authority intends to satisfy all of the City's development standards so the PCD overlay
is unnecessary. Furthermore, the additional time needed to hold more public hearings will
significantly delay construction permits resulting in the loss of federal housing assistance monies
and tax credits. This financial loss will effectively end any opportunity by the Housing Authority
and City to develop an affordable housing project at this location, which will leave the Cornet
Building and site vacant. In addition, applying the PCD overlay to only this one site will
discourage opportunities for infill development to occur since other properties in the area are
not subject to the additional public review process.
Funding for Phase 2 consists of approximately $2.3 million in City Neighborhood Stabilization
Program (NSP3) funds, $1.2 million in City HOME funds, $7 million in Low Income Housing Tax
Credits, and $700,000 in private financing. Regarding the NSP3 funding, $830,000 must be
spent by March 2013, and the remaining $1.47 million must be spent by March 2014. In order
to spend the NSP3 funds in the required time frame, the Housing Authority must apply for and
be awarded the Low Income Housing Tax Credits in the March 2013 cycle, and all zoning
entitlements must be in place. If the PCD combining zone is applied to the site, the Housing
Authority will not be able to apply for the March tax credits since they are not in a position to
complete all of the architectural plans for a public hearing by the Planning Commission by the
tax credit application deadline. The loss of these tax credits and, in turn, NSP3 funds, results in
a project that is no longer financially viable.
Based upon an initial environmental assessment, staff has determined the proposed project
will not significantly affect the physical environment or existing development in the area. A
Mitigated Negative Declaration was prepared and advertised as it was found that the Cornet
Building may be eligible for listing on the National Register of Historic Places (NRHP) at the local
level of significance under Criteria A and C as an example of Late Moderne architecture
designed by a regionally prominent architect; and also, the building may be eligible for listing
in the California Register of Historical Resources (CRHR) under Criterion 1 and 3. A mitigation
measure requires that upon submission of precise development plans for The Cornet Building,
evaluation of the proposed plans relative to any NRHP or CRHR eligibility and compliance with
those applicable regulations must occur. The environmental review was submitted to the State
Clearinghouse for a 30 -day public review period commencing on November 9, 2012 and
ended on December 10, 2012 with no significant comments submitted.
Staff recommends adoption of the zone change to C -C as originally proposed in the
application.
January 18, 2013, 4:09PM
jeng/ S:IDana14DMINS120131FE812 -13 -ZC -0416 2.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM $ , d .
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEADa&L,-'
DATE: January 24, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and authorizing collection of the
assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on January 14, 2013, by the City Manager designee and all
proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to
comply with the notices to abate such public nuisance. After a hearing duly noticed and held
before the Building Director, the Director issued orders requiring the property owner to abate the
public nuisance. The subject properties are listed as follows:
PROPERTY LOCATION
Ward 1
APN COST
1. 3616 Anderson Street
172- 102 -26
$
800.00
2. 229 S. Brown Street
019 - 192 -06
$
799.00
3. 811 S. Brown Street
019- 131 -09
$
850.00
4. 215 Clifton Street
018- 410 -17
$
815.00
5. 308 Clyde Street
018- 360 -10
$
300.00
6. 509 S. Haley Street
019- 102 -11
$
105.00
7. 716 S. Haley Street
019- 111 -04
$
755.00
January 24, 2013, 4:30PM/kd
S: \Dana\ADMINS\2013\FEB\2 -13- Propert7y Abatement.docx
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1
8.
301 Hayes Street
018- 360 -37
$
774.00
9.
203 S. Kincaid Street
168- 181 -02
$
105.00
10.
1003 L Street
009-112-09
$
675.00
11.
1005 L Street
009-112-08
$
675.00
12.
10 Milham Drive
139- 431 -08
$
744.00
13.
11 Milham Drive
139- 432 -21
$
739.00
14.
6910 Monitor Street
516- 203 -03
$
105.00
15.
312 Northrup Street
018- 290 -09
$
769.00
16.
306 Ohio Drive
169- 070 -22
$
800.00
17.
317 Ohio Drive
169- 070 -07
$
800.00
18.
318 S. Owens Street
018- 220 -06
$
725.00
19.
1723 E. Planz Road
172- 041 -05
$
105.00
20.
1217 Ralston Street
018-111-10
$
600.00
21.
3608 Shellmacher Avenue
172- 133 -15
$
785.00
22.
625 E. 4th Street
139- 292 -06
$
729.00
Ward 2
23.
401 Alpine Street
016- 480 -01
$
835.00
24.
2825 California Avenue
007- 031 -09
$
1,299.00
25.
1311 Eureka Street
017- 330 -03
$
753.00
26.
1127 Elm Street
007 -041 -11
$
300.00
27.
515 F Street
007- 240 -08
$
105.00
28.
1018 Gage Street
015- 380 -09
$
800.00
29.
716 H Street
009 - 251 -08
$
600.00
30.
516 Lincoln Street
013- 100 -18
$
300.00
31.
918 Monterey Street
015- 210 -09
$
105.00
32.
1022 Monterey Street
015- 220 -10
$
900.00
33.
1429 Monterey Street
015- 310 -08
$
105.00
34.
125 Morrison Street
020- 295 -01
$
300.00
35.
15 Myrtle Street
008 - 213 -18
$
105.00
36.
105 Pacific Street
012- 042 -02
$
929.00
37.
211 Quincy Street
012 -270 -18
$
1,197.00
38.
18 N. Stine Road
020 -291 -11
$
745.00
39.
2512 Sunset Avenue
007 - 092 -17
$
665.00
40.
1816 Verde Street
008 - 333 -19
$
745.00
41.
1030'E. 18th Street
017- 170 -03
$
895.00
42.
2407 19th Street
004 - 312 -04
$
300.00
43.
1021 34th Street
002 - 031 -02
$
4,915.00
January 24, 2013, 4:30PM /kd
S:\ Dana\ADMINS\2013\FEB\2 -13- Property Abatement.doex
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 3
44.
3509 Bryn Mawr Drive
021- 210 -18
$
300.00
45.
6012 Dorset Drive
146 - 533 -13
$
105.00
46.
3412 Harvard Drive
383 - 212 -18
$
105.00
47.
5904 Highlander Street
438 - 135 -14
$
300.00
48.
4407 Isla Verde Street
119- 171 -28
$
105.00
49.
7317 Maleta Court
507 - 150 -24
$
105.00
50.
3501 N. Sillect Avenue
332 - 200 -59
$
105.00
51.
1117 West Point Drive
021 - 062 -05
$
1,385.00
Ward 4
52. 11505 White River Drive 522 - 283 -01 $ 600.00
Ward 5
53.
7300 Branson Creek Court
540 -031 -13
$
105.00
54.
4709 Chaney Lane
392- 261 -09
$
860.00
55.
10303 Sirretta Peak Place
497 - 722 -34
$
600.00
Ward 6
56.
2708 Hempstead Lane
355- 241 -25
$
105.00
57.
1501 Loring Run
194- 513 -06
$
750.00
58.
3604 Micheli Court
441 - 151 -27
$
800.00
59.
6100 Quaking Aspen Street
498 - 102 -11
$
779.00
60.
4630 Summer Side Avenue
441 - 160 -28
$
105.00
61.
1004 Valhalla Drive
164- 222 -02
$
300.00
62.
1008 Valhalla Drive
164- 222 -03
$
105.00
Ward 7
63.
5405 Annette Street
371- 201 -15
$
1,025.00
64.
8807 Brannock Court
514- 171 -18
$
600.00
65.
2500 Emerald Street
023 - 273 -01
$
889.00
66.
1402 Innsbruck Drive
517- 433 -01
$
885.00
67.
1800 Lacey Avenue
023-211-17
$
105.00
68.
1804 Lacey Avenue
023 - 211 -18
$
105.00
69.
2617 Norman Avenue
023 - 082 -06
$
300.00
70.
2801 Trentino Avenue
514- 543 -03
$
949.00
January 24, 2013, 4:30PM /kd
S: \Dana\ADMINS\2013\FEB\2 -13- Propert7y Abatement.docx
ADMINISTRATIVE REPORT
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.
January 24, 2013, 4:30PM /kd
S: \Dana\ADMINS\2013\FEB\2 -13- Property Abatement.docx
� OFBA E
ycoxrnxre�S�
ADMINISTRATIVE REPORT
gLIFO N
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: i? . e ,
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director M'K�_
DEPARTMENT HEAD
DATE: January 18, 2013 CITY ATTORNEY
CITY MANAGER ss
SUBJECT: Approval of the issuance of tax - exempt revenue bonds by the Housing Authority of
the County of Kern:
Resolution approving the issuance by the Housing Authority of the County of
Kern of rental housing bonds (not to exceed $15 million) for the purchase and
rehabilitation of approximately 160 units of multi - family rental housing at 7000
Auburn Street (Ward 3).
2. Indemnification agreement between the City of Bakersfield and the Housing
Authority of the County of Kern (Ward 3).
RECOMMENDATION:
Staff recommends adoption of resolution and approval of the agreement.
FTT0]3C111•19;1103
This item was previously considered by the City Council at its meeting of January 9, 2013, at
which time a public hearing was conducted, but no further action was taken. This was done at
the recommendation of staff to allow time to prepare a draft indemnification agreement with
the Housing Authority. This agreement will provide the City with legal protection in the unlikely
event of any legal claims or suits associated with proposed bond sale and /or housing project.
The Housing Authority of the County of Kern (Housing Authority) intends to issue approximately
$15 million of tax - exempt bonds, the proceeds of which will be used to to purchase and
rehabilitate a 160 -unit affordable multi - family housing project. This housing project, called
Auburn Heights, is located at 7000 Auburn Street. The project currently consists of two, three, and
four bedroom units and upon rehabilitation, will provide family housing to households earning
60% area median income (AMI) or less. The total project cost is approximately $17.9 million.
S: \Dana\ADMINS\2013 \FEB\2- 13 -TEFRA Hearing for HACK Admin.doc
1/18/2013 3:36 PM
ADMINISTRATIVE REPORT
Page 2
Although this is not a City of Bakersfield project, pursuant to the requirements of the Tax Equity
Fiscal Responsibility Act (TEFRA) of 1982, the Housing Authority has requested that the City publish
a public notice, conduct a hearing to receive public input on the proposed issuance of the
Housing Authority's bonds, and that the City Council thereafter approve the issuance of such
bonds. The public notice was published on December 10, 2012, and the public hearing was held
and closed at the January 9, 2013 City Council meeting.
The actions by the City and the City Council will allow the Housing Authority to issue its rental
housing revenue bonds on a tax - exempt basis to help in the financing of the Housing Authority's
project. The Housing Authority will be responsible for the repayment of the bonds. None of the
City's funds will be pledged for the repayment of these bonds.
S: \Dana\ADMINS\2013 \FEB\2 -13 -TEFRA Hearing for HACK Admin.doc
1/18/20133:36 PM
MEETING DATE: February 13, 2013 AGENDA SECTION Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: January 28, 2013
SUBJECT: Wet Play Equipment for Siemon Park (Ward 3):
APPROVED
DEPARTMENT HEA 1 I
CITY ATTORNEY
Vf
CITY MANAGER_
A resolution of the Bakersfield City Council dispensing with the formal bidding
procedures in the purchase of wet play equipment from Vortex Aquatic
Structures International Inc. for installation at Siemon Park, not to exceed
$150,000.
2. Appropriate $150,000 Park Development Fund balance (Central Zone 2) to the
Public Works Department's Capital Improvement budget to fund purchase of
equipment.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of appropriation.
BACKGROUND: Vortex Aquatic Structures International Inc. (Vortex) is the only manufacturer of
wet play parks equipment that meet all playground safety regulations including ASTM F 1487
(American Society for Testing and Materials). Vortex equipment is 100% stainless steel with
replaceable brass nozzles thereby contributing to a longer life for the equipment. All hardware is
vandal and tamper resistant and all hardware, anchors bolts and accessories are stainless steel.
Vortex offers the longest warranty in the industry with 25 years on all features. All surfaces are
polished stainless steel finish for ease of maintenance and graffiti removal. All Vortex structures
are non - climbable.
Miracle Playground Sales of Southern California (Miracle) is the exclusive distributor of Vortex
"Splashpads" for Southern California, Arizona and Nevada. Miracle has more splashpads
designed and installed than all other vendors combined in Southern California.
Vortex equipment is currently in use at Wayside Park, Planz Park, Martin Luther King Jr. Park,
Jefferson Park, Beale Park, Jastro Park and Greystone Park.
An appropriation is required to fund the purchase of this equipment.
PW -TMA
February 1, 2013, 9:56AM
G: \GROUPDAT\ADMINRPT \2013\02- 13\Admin - SoleSourceReso - Wet Play Equip.doc
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: January 30, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolutions to add the following territories to the Consolidated Maintenance District
and approving, confirming, and adopting the Public Works Director's Reports and
authorizing collection of assessments by the Kern County Tax Collector:
1. Area 1 -92 (4621 Burr Street) - Ward 3
2. Area 4 -109 (2830 Eye Street) - Ward 2
3. Area 4 -110 (1228 K Street) - Ward 2
4. Area 4 -111 (230 Golden State Avenue) - Ward 2
5. Area 5 -66 (1400 S. Mt, Vernon Avenue) - Ward 1
6. Area 5 -67 (1800 White Lane) - Ward 7
RECOMMENDATION: Staff recommends adopting the Resolutions.
BACKGROUND: On January 9, 2013, the Council adopted Resolutions of Intention No, 1732, 1733,
1734, 1737, 1735, and 1736 respectively, adding the above territories to the Consolidated
Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the
Consolidated Maintenance District will provide for the maintenance of parks and /or street
landscaping. The areas will be under park and /or streetscape zones of benefit and will be
assigned the appropriate tier levels when parks and /or street landscaping have been installed.
The addition of these territories to the Consolidated Maintenance District Is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) 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 recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
Ps
G: \GROUPDAT \ADMINRPT \2013 \02 -13 \Res Estab CMD 1 -92 4 -109 4 -110 4 -111 5 -66 5- 67.docx
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2, S
ADMINISTRATIVE REPORT
1
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 14, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Sewer connection and construction fee assessments (Ward 1):
Resolution confirming assessments for sewer connection and construction
fees and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with Frank K. McDowell II Trust dated January 15, 1996, 108 N.
McDonald Way, to pay sewer connection and construction fees in
installments through the Kern County Tax Collector. A notice of special
assessment lien will be placed on the property.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement.
BACKGROUND: The owner of the above referenced property desires to connect the property
to the City sewer system. The property owner claims that to pay the sewer connection and
construction fees in one payment would produce an economic hardship. To assist in paying
the connection and construction fees, the City has contracted with the property owner to
spread the connection and construction fees over an eight year period to be collected with
their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and
16.32.060. Ordinance No. 4648 dated August 18, 2011, authorizes the Kern County Tax
Collector to collect the connection and construction fees in eight equal payments over the
next eight years.
..
G: \GROUPDAT\ADMINRPT\2013\02 -13 \108 McDonald Way AGR ADMIN.doc
January 14, 2013, 4:24PM
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. j
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD (
DATE: January 25, 2013 CITY ATTORNEY Al t it
CITY MANAGER
SUBJECT: Agreement with Clifford & Brown for legal services (not to exceed $75,000) in
connection with the acquisition of an easement for a sewer pipeline, which will
become part of City's public utility sewer system. (Ward 7)
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
Developer (Edward I. Lee) is developing land generally located west of State Route 99 and
south of Taft Highway (Parcel Map 10717) . Connection to the City's sewer system is required for
the public health, safety and welfare in connection with the development. The Developer
seeks to construct necessary improvements to the city's sewer pipeline system for that
connection and an easement over the property is required. Once acquired, the easement
and related sewer line will belong to the City and will be available to provide sewer services for
future development in the area. Despite its diligent efforts, Developer has been unable to
secure the easement. As such, Developer has requested that the City acquire this easement
through its eminent domain power.
Pursuant to our general policy and practice related to Developer Initiated Eminent Domain,
Developer has deposited $50,000 as an advance on the payment of all costs associated with
the condemnation ( "Costs Deposit ") and has also deposited the estimated value of the
acquisition ($11,000). Developer has agreed, in a separate written agreement with the City, to
cover all costs of the acquisition and to fully replenish the Costs Deposit when it is depleted
below $15,000.
The law firm of Clifford & Brown, which is readily familiar with real property acquisitions of this
type, has agreed to pursue the eminent domain action, an action which will be fully funded by
Developer at no cost to the City.
If approved, the attached Agreement will finalize retention of Clifford & Brown for this matter.
AH:Isc
S: \COUNCIL \Admins\ 12 -13 Admins \C &B.CHPsiteEmDomain.docx
F BAIT R
46) O ycoxeoyra S
�
u�
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: T. i.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: January 16, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Wilson & Associates (not to exceed $46,800.00) to provide Continuing
Disclosure services for various Special Assessment Districts. (Wards 3, 4, 5, 6 & 7)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
The City currently has 20 active Assessment Districts, with a total bonded indebtedness of
$53,520,000, which all require Continuing Disclosure Certificates. The City has covenanted in
its respective Continuing Disclosure Certificate for the benefit of the Bondholders to provide an
annual report containing certain financial information and operating data relating to each
Assessment District and the property within the Assessment District. This covenant has been
made in order to assist the Underwriter in complying with Securities and Exchange
Commission Rule 15c212(b)(5). The City does not have expertise in this area of reporting
requirements.
Wilson & Associates is well qualified and experienced in Assessment District disclosure issues
and in the preparation of annual continuing disclosure reports. The company was selected as
the Assessment Engineer for many of the existing Districts and has a clear and detailed
knowledge of each Districts' specific project and debt service components.
Twelve of the twenty districts recently underwent a consolidation and resassesment. The
Continuing Disclosure Certificates for those districts will be filed by another firm set forth in the
reassessment agreement.
Approval of this agreement will allow the City to continue using a well qualified and
experienced professional consultant to prepare the eight remaining Continuing Disclosure
Reports and meet the deadlines imposed by the Securities and Exchange Commission. The
consultant has held their pricing structure flat for several years and is not proposing any type of
fee increase in this years' services.
There is no General Fund impact regarding this agreement. The cost of these services will be
charged to the respective Special Assessment Districts.
S:\Admin\Admin Reports \Wilson & Assoc Cont Disc
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: S. k.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEA ��'t �% -
E
DATE: January 30, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Settlement Agreement with Bolthouse Farms ($800,000.00) for collection and treatment
of large unreported sewer discharges (Wards 1 -6).
RECOMMENDATION: Staff recommends approval of settlement agreement.
BACKGROUND: WM Bolthouse Farms, Inc. is a large food processing /packaging industry. This business
produces industrial wastewater as a result of their food processing business. In general, this industrial
wastewater can consist of food processing wash water, waste liquid from their laboratory testing facility,
wastewater from mechanical equipment, and wastewater from their employees. It was understood
that the "industrial wastewater" was being recycled onto farmland owned by Bolthouse.
In January 2010, the City Council authorized a settlement with Bolthouse for unreported sewer
discharge. Staff began follow -up monitoring of the sewer trunk line that serves Bolthouse shortly
thereafter. Subsequently, as Wastewater Treatment Plant 2 began to experience a period of
uncharacteristically high readings of treated wastewater, staff again began a systematic review of
what could be causing the treatment issue. During that review and investigation of the variety of
possible causes, the Bolthouse sewer trunk line continued to be monitored in early 2010 through mid -
2012 calendar year.
The City's Industrial Pretreatment staff performed methodical sampling and independent lab analysis
and determined that Bolthouse Farms had discharged industrial waste in a non - authorized manner into
the sewer system. Wastewater Division issued a Notice of Violation (NOV) to Bolthouse in September
2012. Meetings with City staff and representatives with Bolthouse Farms ensued. The objective was to
determine the proper disposition of this second occurrence of non - authorized wastewater discharge to
the City system.
This settlement agreement represents payment for non - authorized use of the City wastewater treatment
facility from early 2010 through the date of this agreement. In addition, a penalty fee will be assessed
since this NOV reflects the second violation of the same type. Also, going forward, the settlement
represents the willingness of Bolthouse staff to have their wastewater discharge monitored by City Staff,
similar to how other permitted Industrial Users within the City's jurisdiction are monitored. Bolthouse Farms
has proactively reduced the amount of wastewater being discharged into the sewer system by
installing water - conserving plumbing, and rerouting a large portion of their industrial wastewater to an
Environmental Protection Agency (EPA) approved location on their site for processing in accordance
with State and Federal guidelines.
Funds will be deposited into Plant 2's Sewer Enterprise Fund and used for future operating and capital
needs of the Plant.
Reb/ WW Division
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ADMINISTRATIVE REPORT
U
1
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. 1.
TO: Honorable Mayor and City Council
FROM: Art R. Chianello, Water Resources Manager
DATE: January 28, 2013
APPROVED
DEPARTMENT HEAD Q
CITY ATTORNEY V�;_
CITY MANAGER
SUBJECT: 1) 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)
2) Indemnification Agreement with RHS Consulting, LTD. which indemnifies the
City of Bakersfield against actual weather modification (cloud seeding) work
performed under the Kern River Weather Modification Program for the 2012/13
season. (Wards 1 through 7)
RECOMMENDATION: Staff recommends approval of both agreements.
BACKGROUND: The City of Bakersfield and its predecessors have participated in the Kern River
Weather Modification Program (KRWMP) for nearly fifty years. The main 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 the 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. (Contractor),
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). The purpose of the
reimbursement agreement with NKWSD enables the City to be a 25% participant in the
weather modification program.
MR
S:\2013 ADMIN REPORTS \Reimbursement Agreement with NKWSD WeatherModPrg February 13 2013.doc
ADMINISTRATIVE REPORT
NKWSD is the lead agency and supervises the work, but the weather modification (cloud
seeding) is actually performed by RHS Consulting, Ltd (Contractor). Therefore, it is more
appropriate for Contractor to indemnify the City of Bakersfield for the work performed. The
purpose of the Indemnification Agreement is for Contractor to indemnify the City.
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:\2013 ADMIN REPORTS \Reimbursement Agreement with NKWSD WeatherModPrg February 13 2013.doc
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: January 25, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Agreement with Manbar Singh and Taran Singh, Trustees of the Singh Family Trust
dated March 25, 2004, to purchase property at 6640 Wible Road for $7,000 for
the Wible Road Widening Project. Ward 7
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield is widening Wible Road south of Panama Lane to Berkshire Road to add
one additional north bound lane. The project roadway portion is being funded by the
Transportation Development Fund and the utility portion in being funded by Rule 20A. We
anticipate that the construction contract for this project will be on your agenda in May.
The City is acquiring approximately 658 square feet of commercially zoned property. The
purchase price is a product of negotiations based on an appraisal prepared by Michael
Burger & Associates and information provided by the property owner's representatives.
DMAIs
January 25, 2013, 4:27PM
P: \PUBLIC WORKS\Wible south of Panama \Singh Wible Road Widening.doc
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9. n
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
ow
DATE: January 30, 2013 CITY ATTORNEY )K
CITY MANAGER �S
SUBJECT: Amendment No. 2 to Agreement No. 1 1 -067 with Spence Spray Service allowing
a name change only to Allied Weed Control, Incorporated to allow continuance
of the annual contract for chemical application. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 8, 2011, Council approved the annual contract for chemical
application with Spence Spray Service in the amount of $42,500; renewable annually
thereafter for four (4) consecutive one -year periods. On May 23, 2012, Council executed
Amendment No. 1 extending the contract term one year and adding $105,000 for a revised
not to exceed amount of $147,500.
On December 10, 2012, staff received information from the vendor that the company had
acquired ownership of another spray company; consolidating operations of the two
businesses under one name and requested all future payments and contractual references be
directed toward Allied Weed Control.
If approved, Amendment No. 2 will allow a name change from Spence Spray Service to Allied
Weed Control. All other provisions of the agreement will remain in full force and effect.
Purchasing Division /ch
S:\PURCHWDMIMAmendments 11- 12Wmend #2 to Agmt 11 -067 Spence Spray Service name change to Allied Weed Control.doc
January 31, 2013, 8:42AM
1 coW4 0
ADMINISTRATIVE REPORT
Waw
IF
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: January 31, 2013
APPROVED
DEPARTMENT HEADS `) 1L 2�
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 3 to Agreement No. 99 -329 with Kern Refuse Disposal, Inc. (KRD)
and Metropolitan Recycling, LLC (MRC) for assignment and assumption of lease of
property within the Mt. Vernon Recycling Facility and termination of sublease
between KRD and MRC (Ward 1).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Staff has worked closely with the contract haulers to expand recycling efforts.
Such efforts include the residential universal curbside recycling program and measures to address
mandatory commercial recycling per Assembly Bill 341. This Bill requires mandatory commercial
recycling beginning in July 2012 for certain businesses and apartment buildings. In anticipation of
increased volumes of recyclables, the contract haulers have planned to expand their existing
recycling facility which is located on City property, directly adjacent to the Mt. Vernon
Greenwaste Facility. In order to finance this expansion, the contract haulers needed a 20 -year
term on the lease agreement. Amendment No. 2 to Agreement No. 99 -329, which was approved
at the March 21, 2012 City Council meeting, extended the term of the lease agreement to June
30, 2032.
MRC is in the process of obtaining financing through the California Pollution Control Financing
Authority ( "CPCFA ") for building and equipping a material recycling facility on the leased
property. KRD and MRC have requested that the sublease between them be terminated and the
ground lease be only in MRC's name. Proposed Amendment No. 3 assigns the ground lease from
KRD to MRC and terminates the sublease between KRD and MRC in order to complete the outside
financing for the facility improvements.
This proposed amendment has no fiscal impact to the City. In addition, there is no General Fund
impact associated with this agreement.
KB /mh
C: \Users\glorenzi\Desktop\Admin - Amend (3) to AGMT 99- 329.doc
MEETING DATE: `February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: January 28, 2013
DEPARTMENT HEAD
CITY ATTORNEY p�
CITY MANAGER /�-y
SUBJECT: Amendment No.' 1 to Agreement No. F12 -006 with Gould Auction & Appraisal
Company, Bakerfield; extending the contract term one year, and adding $60,000
(for a total not to exceed amount of $100,000) to continue the Annual Contract
for auctioneer services. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On June 15, 2012, the city entered into an agreement for the Annual Contract
for auctioneer services for a one (1) year period at $40,000; renewable annually thereafter for
four (4) consecutive one -year periods.
Staff tracks the commissions paid under the departmental agreement and commissions paid to
Gould Auction & Appraisal Company are nearing the maximum departmental agreement
amount whereby requiring this Amendment increase.
The opportunity to replace vehicles and heavy equipment within the last year and a strong
surplus market has resulted in an increased amount of commissions paid under this agreement
to Gould Auction & Appraisal Company. If approved, Amendment No. 1 will add $60,000 for a
revised not to exceed amount of $100,000, and extend the term one year to expire in June
2014. Approval of the amendment will allow the City to continue to dispose of surplus vehicles
and equipment through this local vendor.
Staff recommends approval of Amendment No. 1 to increase and extend the contract with
Gould Auction & Appraisal Company.
Purchasing Division/kb
S:\PURCH\ADMIN\Amendments 12 -134AC for Auctioneer Services Amendment #1 to Agreement F12- 006.docx
February 1, 2013
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: 5. Q.
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director
DEPARTMENT HEAD
DATE: February 7, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 12 -100 with Chelsea Investment Corporation to
use $1,200,000 in housing or HOME Investment Partnership (HOME) funds and $830,232
from Neighborhood Stabilization Program (NSP) III funds as a Predevelopment Loan for
the development and construction of the Mill Creek Courtyard Senior Residences
located 1303 S Street. (Ward 2)
RECOMMENDATION:
Staff recommends approval of Amendment and all related documents with minor changes if
required.
BACKGROUND:
The Mill Creek Courtyard Senior Residences project consists of the construction of a minimum of 57
one- and two - bedroom units on 1.53 acres, located at 1303 "S" Street (the southwest corner of "S"
and 14th Streets) in South Mill Creek. The apartments will be leased to senior citizens earning 60
percent or less of the area median income. The completion of this project is a requirement of the
Proposition 1 C grant awarded to the City as part of the Mill Creek improvements. If the project is
not completed, the City would be placed in the position of having to repay $2,469,000 to the State
Department of Housing and Community Development (HCD) as this project's pro -rata share of the
total $10.8 million Proposition 1C grant awarded to the City on the basis of five housing projects
proposed to be built in the Mill Creek area.
Status of Existing Agreement No. 12 -100
On July 12, 2012, the City Council approved Agreement No. 12 -100 with Chelsea Investment
Corporation for the Mill Creek Courtyard Senior Residences. This agreement supplanted a 2009
agreement with Southwest Consulting and The Meo Group for the same project when those firms
encountered problems and were not able to successfully move forward with the project.
Agreement No. 12 -100 included a contribution of $4,050,000 from the City of Bakersfield as
described in the following table.
S: MD ana WDMINS\2013 %FEB\2- 13- Millcreek Courtyardddaamendnol. Doc
February 7, 2013 1:28 PM
RB
ADMINISTRATIVE REPORT
Aareement No. 12 -100: City Contribution
Source of Funds
Amount
Low -Mod Housing Fund (Redevelopment)
$1,200,000*
Neighborhood Stabilization Program NSP3
830,232
HOME Investment Partnership Program HOME
$669,768
Land Contribution
$1,350,000
Total
$4,050,000
*funding disallowed by the State Department of Finance
Page 2
However, on December 21, 2012, the State Department of Finance (DOF) notified the City that the
$1,200,000 in redevelopment funds committed to the project was denied because of their
interpretation of the State redevelopment dissolution law, claiming that redevelopment funding
could not be used for any projects with agreements entered into later than June 2011. The City is
currently considering options to pursue a reversal of DOF's ruling, but unless and until that should
occur the City is faced with the possibility of having to replace the $1,200,000 from another source
in order to retain the financial viability of the project.
Proposed Amendment 1 to Agreement No. 12 -100
This proposed amendment to Agreement No. 12 -100 allows the City to replace the $1,200,000
funding gap left by the DOF decision with available HOME funds. In a separate but related item on
this agenda, the City Council will be considering a HUD Action Plan amendment that will increase
New Construction Assistance funding, which may be allocated to this project if necessary. In the
event that the DOF ruling is overturned and the $1,200,000 in redevelopment funding is reinstated,
the proposed DDA amendment is structured to allow either redevelopment or HOME funding to be
utilized for the project. The following table summarizes the financial contributions included in the
proposed amendment.
Proposed Amendment 1 to Aareement No. 12 -100: City Contribution
Amount
Agreement 12 -100
Amendment 1
Low -Mod Housing Fund
Low -Mod Housing Fund
$1,200,000
(Redevelopment)
(Redevelopment) OR HOME Investment
Partnership Program HOME
$830,232
Neighborhood Stabilization Program
Neighborhood Stabilization Program
NSP3
NSP3
$669,768
[=HOM1 Investment Partnership
HOME Investment Partnership Program
m HO ME
HOME
$1,350,000
Land Contribution
Land Contribution
$4,050,000
Total
The City's total contribution to the project of approximately $4,050,000 will not change under this
amendment and will be loaned to the Developer at three percent interest. It will be paid back to
the City out of residual receipts. The term of the loans will be 55 years and the period of affordability
will be 55 years, both secured by a Deed of Trust on the property. The loans will be subordinated to
construction financing for the project and may be assumed by a subsequent qualified buyer.
Construction is anticipated to begin by December 2013 with anticipated completion by December
S:\ Dana \ADMINS \2013 \FEB \2 -13- Millcreek CourtyardDDAAmendNol.doc
2/7/2013 1:28 PM
ds
ADMINISTRATIVE REPORT Page
2014. In addition, the project will not result in any significant effects relating to traffic, noise, air, or
water quality, and therefore qualifies as CEQA exempt under Section 15332 under Infill
Development.
Chelsea has applied for and is very confident of being awarded nine percent federal tax credits in
March 2013 as another key financing component of the project. Chelsea Investment Corporation
was within a few points of receiving financing in the previous tax credit round. They recently
received a grant commitment of $710,000 of Affordable Housing Program funds for this project,
increasing their probability of receiving the required necessary points for a financing award of tax
credits in the March 2013 round.
The amendment will also allow Chelsea to form Mill Creek Courtyard CIC, LP (Developer) to receive
the tax credits, develop the property, and own the project following its completion. The existing
DDA included language to allow Chelsea to assign, transfer, and convey all of its rights, title,
interest, and obligations under the Agreement to a Developer. The Developer in this project will be
Mill Creek Courtyard CIC, LP, which accepts the assignment and agrees to perform all of the
obligations of the Developer under the agreement. This needs to be done as only a single asset
entity can apply for federal tax credits. Chelsea will continue to act as the managing partner for
this limited partnership.
Additionally, the $830,232 of NSP3 funds designated for this project is required to be expended by
February 28, 2013. If not spent by the aforementioned deadline, these NSP3 funds are at a risk of
being forfeited. Because of the unforeseen delays in the project, there is now an immediate need
for these funds to be spent. The existing DDA, however, is structured so that the City's financial
assistance (including the NSP funds) cannot be spent until the tax credits are awarded for the
project. The proposed amendment allows for NSP3 funds to be spent as a Pre - Development Loan
for costs such as work completed to date on architectural and engineering plans, and impact fees
related to the project. The Predevelopment Loan shall be evidenced by a Promissory Note and
secured by a collateral assignment of project documents from Chelsea Investment Corporation.
This amendment will allow for the NSP3 funds to be spent prior to the February 28, 2013 deadline.
Except as amended, all other terms and conditions of Agreement No. 12 -100 remain in full force
and effect.
Conclusion
Chelsea has illustrated that their years of experience in developing senior housing in urban infill
environments using nine percent tax credit equity results in an attractive, secure, affordable and
financially feasible project. Chelsea was also the developer of the adjacent CityPlace family
affordable housing project and their experience with marketing and operating a community in the
South Mill Creek Village gives them the greatest familiarity with the neighborhood, and they are a
superior choice as the developer of the Mill Creek Courtyard Senior Residences. Futhermore, the
adjacency of the CityPlace project will lead to operating efficiencies, which results in an enhanced
cash flow to repay the City for their investment and provide better services for the residents
The Mill Creek Courtyard Senior Residences project will be located in an area convenient to
amenities, and transportation. The attractive design will serve the target senior population by
providing much needed affordable apartment units, which are in great demand in the area. The
vision for the Mill Creek Courtyard Senior Residences is to create an inclusive and sustainable (LEED
S:\ Dana \ADMINS \2013 \FEB \2 -13- Millcreek CourtyardDDAAmendNol.doc
2/7/2013 1:28 PM
ds
ADMINISTRATIVE REPORT
Page 4
certified) apartment community for the senior residents of Bakersfield where their lives will be
enhanced by the neighborhood amenities within walking distance, proximity to mass transit, and
the attractive Mill Creek Linear Park. In addition, the project will improve a long- standing blighted
parcel of land within the former Southeast Bakersfield Redevelopment Project Area.
S:\ Dana \ADMINS \2013 \FEB \2 -13- Millcreek CourtyardDDAAmendNol.doc
2/7/2013 1:28 PM
ds
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD- JK,
DATE: January 14, 2013 CITY ATTORNEY_
CITY MANAGERP�S
SUBJECT: Amendment No. 1 to Agreements with property owners to pay sewer connection
and construction fees in installments through the Kern County Tax Collector
(Ward 4):
a. John S. & Elaine M, Thompson / 7904 Hooper Ave. / Agreement 12 -025
b. Timothy & Rhonda L. Roshau / 7908 Hooper Ave. / Agreement 12 -027
C. Charles H. & Donna J. Braughton / 8001 Hooper Ave. / Agreement 12 -030
RECOMMENDATION: Staff recommends adoption of amendments.
BACKGROUND: On July 13, 2011, the City Council adopted Resolution No. 069 -11 amending
Chapter 16.32.060 of Title 16 of the Bakersfield Municipal Code adding the Hooper Avenue
and Kimberly Avenue Planned Sewer Area, As part of an annexation agreement, the City
constructed sewer improvements for residents within the Hooper Avenue and Kimberly
Avenue area. Property owners desiring to connect to the City's sewer system would pay the
connection fee and sewer construction fees. The amount originally charged to property
owners for construction fees was based upon the construction award amount. Actual
construction costs came In lower than the contract award amount. Therefore, the amount
property owners pay for construction fees should be proportionately decreased.
Previously, 28 individual agreements with property owners have been approved by the
Council with the higher construction fee. Each of these agreements must be amended to
pass on the lower costs to these property owners. Since signatures from the property owners
must be obtained and notarized, these amendments will go before Council incrementally.
This Administrative Report amends three of the 28 individual agreements. Ten agreements
were amended at a previous council meeting. Amendments for the remaining agreements
will be submitted to Council in future meetings,
do
G: \GROUPDAT \ADMINRPT \2013 \02 -13 \Kimberly - Hooper Amend 1 2-13-13 ADMIN.doc
January 14, 2013, 11:03AM
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: $ . g ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 1, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Golden State Peterbilt, Bakersfield, in the amount of $619,687.03
for two (2) replacement front loading refuse truck for the Public Works
Department, Solid Waste Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were solicited from bidders for heavy equipment. One bid in
the amount of $619,687.03 was received from Golden State Peterbilt.
Staff contacted a local truck supplier regarding their lack of response to the solicitation and
found they were temporarily unable to bid due to a contractual circumstance with their
chassis supplier. They will be able to participate in future bid solicitations for this type of
equipment.
The bid from Golden State Peterbilt is within the amount budgeted and is considered
acceptable by staff. Funds are available in the Equipment Replacement Fund for the
purchase of two (2) replacement front loading refuse trucks to be used by the Solid Waste
Division.
Purchasing Divisionft
SVURCHWDMIN\Admin 12 -13 \Front Loading Four Axle Refuse Truck, 12- 13 -52, February 13, 2013.doc
February 1, 2013
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: T. ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K..Smith, Finance Director DEPARTMENT HEAD
DATE: February 1, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bids from McCain, Inc. ($60,189.52) and DDL Traffic, Inc. ($2,531.63) for
traffic signal equipment. Total bid amount is $62,721.15. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bids.
BACKGROUND: Invitations to bid were solicited from suppliers for traffic signal equipment. Five
(5) bids were received in response to the solicitation.
After bids were opened, Power -Lite Industries, Inc. asked to be relieved of their bid citing an
inability to supply items compliant with the bid requirements. Staff has reviewed their request
and has agreed to allow them to revoke their bid. In addition, an item has been removed
from consideration due to City staff error; an incorrect model number was listed on the bid
document. This item will be re -bid separately.
Funding sources for this purchase are a combination of federal Congestion Mitigation (CMAQ)
funds and state gas tax funds. No general fund dollars are being used.
In accordance with the terms of the bid, the City may accept any item or group of items bid,
or award the bid on the basis of total bid. In order to get the most favorable pricing, staff
recommends the award be split as follows:
K • •1T1�
McCain, Inc. $60,189.52
Vista, California
DDL Traffic, Inc. $ 2,531.63
Chino Hills, California
Controller Equipment, Signal Poles & Mast Arms
Signal interruption/ Pre-emption Equipment
(Opticom)
A spreadsheet showing bids received as well as the revoked bid and item removed by staff is
attached.
Purchasing DivisionAb
SAPURCHWDMIN\Admin 12 -13 \Traffic Signal Equipment, 12- 13-48, February 13, 2013.docx
February 1, 2013
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f " ADMINISTRATIVE REPORT
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: g . u .
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: January 31, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER S
SUBJECT: Accept bid and approve contract to Pacific Coast Excavation, Inc. ($170,309.00),
for the Storm Drain Improvements: Within Existing Tract 5084 (Las Entradas, Calle
Alisos and Calle Elegante) (Ward 4).
RECOMMENDATION:Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: This project's general location is north of Stockdale Highway and west of
Jenkins Road. Storm water travels long distances along the gutter on Calle Elegante and then
enters a storm drain system. The storm water is a nuisance to the surrounding property owners.
This project will greatly reduce the amount of storm water in the gutter and the nuisance water.
The storm water will be conveyed through pipelines that will connect to the existing storm drain
system. The Engineer's Estimate for this construction contract was $166,800. Sufficient funds are
budgeted to award this contract. The project is funded through Sewer Enterprise Funds.
Therefore, there is no General Fund impact associated with this project.
On January 03, 2013, a total of eight acceptable bids were received. Those bids are as follows:
Pacific Coast Excavation, Inc.
P.O. Box 452
Santa Maria, CA 93456 in the amount of $170,309.00
Kern Pacific Construction Company
4001 Patton Way # 1
Bakersfield, CA 93308 (City) in the amount of $173,956.00
Halopoff & Sons, Inc.
140 E. Morton Avenue
Porterville, CA 93257 in the amount of $179,292.00
Vasily Company, Inc.
9843 Rancho Caballo Drive
Shadow Hills, CA 91040 in the amount of $187,903.20
PW /Design Engineering /SL
1131/2013 12:37 PM
G:\ GROUPDAT \ADMINRPT\2013 \02- 131Hdmin E8K107 Storm Drain Improvements Calle Elegante.docx
ADMINISTRATIVE REPORT
High Desert Contractors, Inc.
P.O. Box 6890
Lancaster, CA 93539
in the amount of
$198,170.20
HPS Mechanical Inc.
3100 E. Belle Terrace
Bakersfield, CA 93307 (City)
in the amount of
$188,640.00
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County)
in the amount of
$222,548.00
V. Lopez Jr. & Sons, Inc.
P.O. Box 488
Santa Maria, CA 93456
in the amount of
$223,747.00
PW /Design Engineering /SL
1/31/201312:37 PM
G:\ GROUPDAT \ADMINRPT\2013 \02- 13Wdmin E81<107 Storm Drain Improvements Calle Elegante.docx
F 11A
014 r
ADMINISTRATIVE REPORT
LIF
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: g ,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 30, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY_,
CITY MANAGER iW
Mohawk St. Improvements from Rosedale Hwy to Siena Lane (Ward 3 & County):
Approve Design Consultant Agreement with Ruettgers & Schuler ($236,100) to
provide final engineering design services.
2. Appropriate $194,000 Transportation Development fund balance to the Public
Works Department's Capital Improvement Budget for funding of consultant
agreement.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: The Mohawk Street Improvement project, from Rosedale Highway to Siena
Lane, is currently recommended for $1 million of funding by California Transportation
Commission (CTC) staff. The state funding is through Proposition 1 B's competitive State Local
Partnership Program (SLPP), and requires a dollar for dollar match of SLPP funds and local
developer fees. The request for allocation of construction funds is on the CTC's March 5, 2013,
meeting agenda. Once allocated, the City has six months to begin construction.
The Mohawk Street Improvement Project will construct public street improvements on Mohawk
Street north of Rosedale Highway, which will improve the traffic circulation pattern for this
northwest area. Siena Lane is approximately 0.55 miles south of Hageman Road. This project
will provide access on Mohawk Street from Rosedale Highway to Hageman Road. In addition,
a 16 -inch domestic water pipeline will be installed, and will connect at Rosedale Highway and
at the Kern County Water Agency's Northwest Feeder Pipeline.
Staff recommends the appropriation of $194,000 of Transportation Development Fund
balance to cover the final design engineering costs for the portion of the project that is on the
traffic impact fee facilities list. Part of the consultant work includes designing a domestic water
pipeline for $42,100. This $42,100 is currently budgeted in the Water Resources Department's
Capital Improvement Budget. There is no General Fund impact associated with this project.
Ruettgers & Schuler was selected as the design consultant on this project because they
completed the preliminary engineering services for this project via On -Call Civil Engineering
and Surveying Agreement No. 10 -088. In addition, selecting another consultant would
jeopardize the City's ability to meet the difficult design and construction schedule imposed by
the CTC.
DP- Design Engieering (T3K232 and E6.1007)
G: \GROUPDAT \ADMINRPT \2013 \02 -13 \Mohawk Street AGR.doc
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Christi Tenter, Human Resources Manager
February 1, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY —V -
CITY MANAGER
Revised Job Specifications: Fire Captain ( #67180)
Fire Engineer ( #32150)
RECOMMENDATION:
Staff recommends approval of the revised job specifications.
BACKGROUND:
FIRE CAPTAIN AND FIRE ENGINEER
As part of the recruitment process, the job specifications for Fire Captain and Fire Engineer have
been revised. The job specification for Fire Captain was established in 1974 and has not been
updated since the inception date. The job specification for Fire Engineer had not been
updated since 1996.
Language was changed and /or added to reflect the minimum qualification requirements
stated in the current Memorandum of Understanding as well as updating the class summary,
essential job duties, licenses, certificates and special requirements, and physical or special
working conditions to reflect the actual job duties. The job specification has also been put into
a new format for readability and consistency with currently revised job specifications.
(mb)
Q�BA E
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ADMINISTRATIVE REPORT
q�IFO
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar
ITEM: S. X -
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director
DEPARTMENT HEAD
DATE: February 4, 2013
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Department of Housing & Urban Development (H,UD) FYI 0/11 Action
Plan Amendment 9, and FY 12/13 Action Plan Amendment 3 (All Wards).
RECOMMENDATION:
Staff recommends approval of the Action Plan Amendments.
BACKGROUND:
The City receives funding annually from HUD as an entitlement community through the City's
Action Plan, which describes all HUD - funded City projects and sets aside funding for Section
108 loan payments for a particular fiscal year. The process by which significant changes are
made to the Action Plan is termed by HUD to be a Substantial Amendment. Staff is
recommending Substantial Amendments to the City's 10/11, and FYI 2/13 Action Plans.
Due to the recent denial by the State Department of Finance (DOF) of $4.2 million of
contractually - obligated project funding on the City's Recognized Obligation Payment
Schedule (ROPS), staff has reviewed alternative sources of funding available to complete the
associated Prop. 1 C projects. As part of this process, staff examined the Housing Urban
Bakersfield Downpayment Assistance program, and has projected that the funding allocated
for that program ($601,495) will not be needed in the next six months.
Thus, the proposed Action Plan amendments will shift $601,495 from the Housing Urban
Bakersfield Downpayment Assistance program to the New Construction Assistance program,
where the funding will fill a portion of the funding gap left by the Department of Finance's
decision. Specifically, this $601,495 will be allocated to the Courtyard Senior Apartments in
South Mill Creek, which will be making application for Low Income Housing Tax Credits in
March 2013. In a separate but related item on this agenda, the City Council will be
considering an amendment to the Courtyard Senior Apartments agreement that will allow for
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ADMINISTRATIVE REPORT
Page 2
this funding to be dedicated to the Courtyard project if necessary as an alternative funding
option.
It should be noted that the City is continuing to explore options for seeking a reversal of DOF's
denial of redevelopment funding. Should the City succeed in reinstating the redevelopment
funding, the $601,495 can be applied to another project. In order for the courtyard project to
be in a position to compete for tax credit financing in March, however, a reliable financing
plan need to be put into place at this time.
When creating the FY 13-14 Action Plan to HUD, staff will assess the need for the downpayment
assistance program over the next twelve months, and will propose to replenish that program
accordingly.
These changes are reflected in the following table:
In accordance with HUD regulations and the City of Bakersfield's Citizen Participation Plan, a
30 -day Public Notice for the aforementioned amendments to solicit public input was
published on January 12, 2013. No comments have been received to date.
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Revised
Fiscal
Program
Current Plan
Action
Plan
Year
Amount
Amount
10/11
Housing Urban Bakersfleld -
Downpayment Assistance
0% loans for downpayment &
Cancel &
closing costs assistance to help low-
$601, 495
Transfer
$0
income buyers purchase a home.
From
Funds reserved for Creekview Villas
(- $601,495)
- up to $100,000, and Parkview
Cottages - up to $40,000.
Decrease
- $250,885
12/13
New Construction Assistance -
Transfer To
Housing development assistance
and
for costs associated with acquisition
$971,635
Increase
$1,573,130
and construction of affordable
( +$601,495)
housing
Net Increase
1
+$250,885
In accordance with HUD regulations and the City of Bakersfield's Citizen Participation Plan, a
30 -day Public Notice for the aforementioned amendments to solicit public input was
published on January 12, 2013. No comments have been received to date.
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MEETING DATE: February 13, 2013 AGENDA SECTION: Successor Agency
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
January 31, 2013
APPROVED
DEPARTMENT HEAD/__
CITY ATTORNEY-
CITY MANAGER S
Receive and file successor agency payments from January 11, 2013 to
January 31, 2013 in the amount of $388,151.83
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2013\ADMIN —SA 02- 13- 13.doc 1
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEMA. Q
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD - - -/ --Zl
DATE: January 7, 2013
CITY ATTORNEY
CITY MANAGER_
SUBJECT: General Plan Amendment /Zone Change 12 -0264 (Ward 3)
Scott Underhill, representing Bruce and Melanie Lynn, the property owners, has
applied for a general plan amendment and zone change on 48,780 square feet
generally located 150 feet south of the southwest corner of Oswell Street and
Bernard Street.
1. 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 a Negative Declaration and
amending the Official Zoning Map in Title 17 of the Bakersfield Municipal
Code by changing the zone district from C -O (Professional and
Administrative Office) to C -1 (Neighborhood 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 Zoning Ordinance to accommodate retail commercial development under
neighborhood zoning. The site is currently vacant and zoned for office commercial. It has
been vacant for a number of years and is considered an infill site. The applicant believes that
by changing the zoning to allow for neighborhood commercial uses, this would encourage
development of the site, since limiting it for only office uses has not generated any interest.
Primary access to the site will be via Oswell Street (Arterial). The City's Bikeway Master Plan
identifies Oswell Street as a Class 2 facility (bike lanes). Bike lanes do not currently exist and at
the time the property is developed, lane striping will be required with the construction of street
improvements. However, the Traffic Engineer will evaluate if striping should be delayed if its
installation will compromise public safety (e.g. short lengths of unconnected bike lanes that
would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then
occur at the time the City added bike lanes along the street with connections to the existing
ADMINISTRATIVE REPORT
Page 2
bikeway network. Sidewalks have already been constructed along the Oswell Street frontage
and there is a GET bus stop directly in front of the project site for bus route 41 that runs from
Bakersfield College to Valley Plaza.
The surrounding area is an established community developed in the late 1960s and 70s. The
various properties surrounding the project site are already developed with urban uses. The
proposed zoning would be compatible with the property to the north and provide services to
the surrounding residential uses. There is a gas station and other neighborhood commercial to
the north of the project site and to the south is multi - family housing. To the west is additional
multi - family housing and to the east is single family housing.
The applicant proposes to infill a vacant area with general commercial use. The proposed
land use will provide neighborhood - serving commercial uses with services and jobs available
to the surrounding residential neighborhoods. The Metropolitan Bakersfield General Plan
encourages infill of urban development and that new commercial development provide
design features and restrictions between the boundaries of adjacent residential land use
designations so as to reduce impacts on residences due to noise, traffic, parking and
differences in scale. The proposal is compatible with the surrounding uses and complies with
the applicable General Plan criteria.
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on December 20, 2012, and recommended approval to the
City Council. Commissioners Batey, Kirschenmann, Lomas, Strong and Wade voted in favor
and Commissioners Haddock and Tkac were absent. No individuals spoke in favor or against
the proposed project.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on November 20, 2012, in accordance with CEQA.
CG - S: \GPAs \GPA 4Th 2012 \12 -0264 \Staff Reports \CC 1st read.doc
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM: I .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD'�V
January 1, 2013
CITY ATTORNEY
CITY MANAGER
General Plan Amendment /Zone Change 12 -0286 (Ward 1)
Advanced Geomatics Engineering, representing Rajvir Singh Gill et al, the
property owners, has applied for a general plan amendment and zone change
on approximately one acre located along the west side of South Union Avenue,
approximately 400 feet north of Panama Lane.
Resolution adopting the Negative Declaration and approving the general
plan amendment changing the land use designation from LR (Low Density
Residential) to HMR (High Medium Density Residential).
2. First reading of ordinance adopting a Negative Declaration and amending
the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by
changing the zone district from R -1 (One Family Dwelling) to R -2 /PUD (Limited
Multiple Family /Planned Unit Development).
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 Zoning Ordinance to accommodate development of a 15 unit apartment
complex on approximately one acre located along the west side of South Union Avenue, 400
feet north of Panama Lane. The proposal also includes a planned unit development (P.U.D.)
combining zone. With the P.U.D. zone, development plans are reviewed at a public hearing
by the Planning Commission prior to the issuance of building permits. This allows additional
opportunity for public review and comment prior to development.
The proposal is considered an infill project and is consistent with the surrounding residential
and commercial uses within the general area. Property to the north and west consists of single
family homes. Adjacent property to the south includes a liquor store /mini market with gas
pumps and single family housing south of Panama Lane. Land to the east is designated for
commercial development; however is currently vacant. There are also two park sites to the
north and one elementary school within a mile of the project area. Access to the site will be
ADMINISTRATIVE REPORT
Page 2
along the frontage of South Union Avenue (an Arterial roadway). This segment of South Union
Avenue is a public transportation route (GET Bus Route 41) but is not within the City's Bikeway
Master Plan.
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on December 20, 2012, and unanimously 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 November 2, 2012, in accordance with CEQA. The applicant has agreed to all
conditions and mitigation for the project.
DL \S: \GPAs \GPA 4th 2012 \12 -0286 \Admin SR \CC 1sT reod.doc
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM: q. a.
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEADWI�/
DATE: January 8, 2013
CITY ATTORNEY
CITY MANAGER /W
SUBJECT: General Plan Amendment /Zone Change 12 -0349 (Ward 6)
McIntosh & Associates, representing Black Ops Real Estate, LLC, the property
owners, has applied for a general plan amendment on 27.36 acres and a zone
change on 56.19 acres located south of Panama Lane, approximately 700 feet
west of Stine Road, on the west side of the Farmers Canal.
1. Resolution adopting the Negative Declaration and approving the
general plan amendment changing the land use designation from LR
(Low Density Residential) to HMR (High Medium Density Residential) on
27.36 acres.
2. First reading of ordinance adopting a Negative Declaration and
amending the Official Zoning Map in Title 17 of the Bakersfield Municipal
Code by changing the zone district from R -1 (One Family Dwelling) to R -2
(Limited Multiple Family Dwelling) on 56.19 acres.
W� el• 7 . G `. 14 Z, I P7_ T t I*] Z A
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 Zoning Ordinance to accommodate the development of duplex and multi-
family housing with a maximum of 617 dwelling units.
The proposed project will accommodate the development of multi - family residences on the
underlying Tentative Tract Map No. 7222. The project applicant will develop 400 multi - family
dwelling units on the northern 27.36 acres and 217 duplex residential dwelling units on the
southern 28.83 acres. Primary vehicle, bicycle and pedestrian access to the site will be via
Panama Lane (Arterial), Berkshire Road (Collector) and local streets approved with the
underlying subdivision.
The City's Bikeway Master Plan identifies Panama Lane as a Class 2 facility (bike lanes). Class 2
bike lanes currently exist along the commercial uses to the east of the project site and along
ADMINISTRATIVE REPORT
Page 2
the north side of Panama Lane. At the time the property is developed, lane striping will be
required with the construction of street improvements. However, the Traffic Engineer will
evaluate if striping should be delayed if its installation will compromise public safety (e.g. short
lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the
likelihood of accidents). Striping would then occur at the time the City added bike lanes
along the street with connections to the existing bikeway network. There are currently no GET
bus routes that run along the project site, however, three GET bus routes (47, 61 and 62) run
along Panama Lane to the east of the project site; they continue north on Stine Road before
they reach the project site. All sidewalks and pedestrian access throughout the development
will be required per City standards.
The site is currently vacant and the various properties surrounding the project site are in the
process or already developed with urban uses. The proposed project would be compatible
with the surrounding uses and provide a buffer between the commercial uses to the north and
the low density residential uses to the south. There are approved tract maps with single - family
lots to the south and west of the project site. Development to the north includes single - family
homes and a single commercial store (Costco). To the east, across the Farmers and Arvin -
Edison canals are existing commercial uses with vacant low and high density residential areas
to the south.
The proposal would provide needed multi - family uses in an area that is deficient of high
density residential use. The Metropolitan Bakersfield General Plan encourages the
intensification of land use and the orderly outward expansion of new urban development that
maintains continuity with existing development. The proposal allows the incremental
expansion of infrastructure and public services and complies with the applicable General Plan
criteria.
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on December 20, 2012, and unanimously recommended
approval to the City Council. No individuals spoke in favor or against the proposed project.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on November 13, 2012, in accordance with CEQA. The applicant has agreed to all
conditions and mitigation for the project.
CG - S: \GPAs \GPA 4th 2012 \12 -0349 \Staff Reports\CC 1 St read.doc
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM:
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD ?;?Z�
DATE: January 2, 2013 CITY ATTORNEY
CITY MANAGER__
SUBJECT: General Plan Amendment /Zone Change 12 -0355 (Ward 6)
Marino /Associates, representing Kerfoot Family Trust, the property owners, has
applied for a general plan amendment and zone change on 14.14 acres, located
along the south side of Taft Highway, approximately 'Amile west of Stine Road.
Resolution adopting a 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 a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing
the zone district from R -1 (One Family Dwelling) to C -2 /PCD (Regional
Commercial /Planned Commercial Development).
RECOMMENDATION:
Staff recommends adoption of the resolution, and first reading of the ordinance.
BACKGROUND:
The applicant is proposing amendments to the Metropolitan Bakersfield General Plan Land Use
Element and Zoning Ordinance to facilitate development of a 252,497 square foot self- storage
facility on the 14.14 acre site. The proposal also includes a planned commercial development
overlay as part of the project approval. The surrounding area includes single family housing to
the north, proposed commercial to the east, a veterinary business and undeveloped land to
the west, and undeveloped and agricultural land to the south.
Primary access to the site will be via Taft Highway (SR 119). The applicant is required to provide
full frontage dedication for Taft Highway to current standards. The City's Bikeway Master Plan
identifies Taft Highway as a Future Bikeway. Since Taft Highway is designed as an expressway
with special development standards in accordance with City Council Resolution 63 -12, bike
lanes would be installed along the site's frontage when the full street improvements are
completed.
The Planning Commission approved the preliminary site plan for the self- storage facility at the
December 20, 2012 meeting. It is anticipated that the project will be constructed in three
ADMINISTRATIVE REPORT Page 2
phases. The first phase consists of the office /residence and self- storage buildings covering
approximately the northern half and the entire perimeter of the site, fully improved and
landscaped street frontage, and a temporary RV storage area with portable carports. An RV
wash area and dump station are also proposed. Phases 2 and 3 will be constructed as
additional storage units are needed.
The Planning Commission conducted a public hearing regarding this General Plan Amendment
and Zone Change on December 20, 2012, and unanimously recommended approval to the
City Council. There were no individuals or agencies at the hearing that opposed the request.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on October 30, 2012, in accordance with CEQA. The applicant has agreed to all
conditions and mitigation for the project.
DL \S: \GPAs \GPA 4th 2012\ 1 2-0355\AdminSR\CC 1st read.doc
MEETING DATE: February 13, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM: .
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD�L-1/
DATE: January 1, 2013 CITY ATTORNEY_
CITY MANAGER
SUBJECT: General Plan Amendment /Zone Change 12 -0373 (Ward 4)
McIntosh & Associates, representing Buckey Family L. P., the property owners,
proposes a general plan amendment and zone change on 27.56 acres, at the
southeast corner of Snow Road and Quail Creek Road.
Resolution adopting a Negative Declaration and approving the general
plan amendment changing the land use designation from R -IA (Resource -
Intensive Agriculture) to SR (Suburban Residential).
2. First reading of ordinance adopting a Negative Declaration and amending
the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by
changing the zone district from A (Agriculture) to E (Estate).
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 Zoning Ordinance on 27.56 acres located at the southeast corner of Snow Road
and Quail Creek Road. The proposal will allow development of approximately 69 single - family
homes. This project would be a continuation of the adjacent residential development to the
west and south. Neighboring property to the east is in agricultural use and property to the
north consists of a mix of single - family homes and agricultural lands. The project also includes
annexation into the city.
Primary access to the site is yet to be determined, but will likely occur from Snow Road (Arterial)
and /or Quail Creek Road (Collector). The City's Bikeway Master Plan identifies Snow Road as a
Class 2 facility (bike lanes). Bike lanes do not currently exist and at the time the property is
developed, lane striping will be required with the construction of street improvements.
However, the Traffic Engineer will evaluate if striping should be delayed if its installation will
compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse
drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the
time the City added bike lanes along the street with connections to the existing bikeway
network. The nearest public transit service is approximately two miles away.
ADMINISTRATIVE REPORT Page 2
Various studies were conducted as part of the environmental review. As a result of those
studies, conditions of approval and mitigation measures that address air quality, agriculture
land conversion, traffic, cultural and biological resources are recommended as part of project
approval.
The Planning Commission conducted a public hearing regarding this General Plan Amendment
and Zone Change on December 20, 2012, and unanimously recommended approval to the
City Council. No individuals or agencies present at the hearing opposed the request and the
applicant has agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on February 10, 2010, in accordance with CEQA. The applicant has agreed to all
conditions and mitigation for the project.
DL \S: \GPAs \GPA 4th 2012 \12 -0373 \AdminSR \CC 1st read.doc
MEETING DATE: February 13, 2013 AGENDA SECTION: Hearing
ITEM: to . a
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD_��.
DATE: January 15, 2013
CITY ATTORNEY
CITY MANAGER_
SUBJECT: General Plan Amendment /Zone Change 12 -0372 (Ward 4)
McIntosh & Associates, representing Black Ops Real Estate, LLC, the property
owners, has applied for a general plan amendment and zone change on 20.41
acres located on the north side of Rosedale Hwy, 660 feet west of Allen Road.
1. Resolution adopting the Negative Declaration, denying the appeals and
approving the general plan amendment changing the land use
designation from SR (Suburban Residential), LR (Low Density Residential)
and LMR (Low Medium Density Residential) to HMR (High Medium Density
Residential).
2. First reading of ordinance adopting a Negative Declaration, denying the
appeals and amending the Official Zoning Map in Title 17 of the
Bakersfield Municipal Code by changing the zone district from E (Estate)
and R -1 -CH (One Family Dwelling with Church Overlay) to R -2 /PUD
(Limited Multiple Family Dwelling /Planned Unit Development).
RECOMMENDATION:
Staff recommends adoption of resolution and first reading of the ordinance.
BACKGROUND:
The proposed amendments to the Metropolitan Bakersfield General Plan Land Use Element
and Zoning Ordinance are to accommodate the development of duplex and multi - family
housing with a maximum of 225 dwelling units on the underlying tentative tract map (No.
6921) .
Primary vehicle, bicycle and pedestrian access to the site will be via Rosedale Hwy (Arterial),
Allen Road (Arterial) and a local street that will connect with Allen Road. The local street is an
existing public access easement that was approved with the underlying subdivision. The City's
Bikeway Master Plan identifies Allen Road as a Class 2 facility (bike lanes); Rosedale Highway is
not on the plan. Bike lanes do not currently exist and at the time the property is developed,
lane striping along Allen Road will be required with the construction of street improvements.
ADMINISTRATIVE REPORT
Page 2
However, the Traffic Engineer will evaluate if striping should be delayed if its installation will
compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse
drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the
time the City added bike lanes along the street with connections to the existing bikeway
network. There is only about 100 feet of the proposed project that abuts Allen Road and the
majority of Allen Road in the project vicinity is still within Kern County jurisdiction. There are
currently no GET bus routes that run along the project site, however, GET bus route 82 runs
along Allen Road to the east of the project site and then continues east on Rosedale Hwy. All
sidewalks and pedestrian access throughout the development will be required per City
standards. However, the PUD zoning allows to applicant to request modifications.
The site contains a single family residence on the southeast portion, which will be removed as
part of the eventual development; the remainder of the site is vacant. The surrounding land
uses include: under developed or vacant commercial use to the west, single family residential
to the north, medium density residential to the east, and commercial and high density
residential to the south. The various properties surrounding the project site are in the process or
already developed with urban uses. The proposed project would be compatible with the
surrounding uses and provide a buffer between Rosedale Highway and commercial uses to
the south, and the low density residential uses to the north. The proposal would provide
needed multi - family uses in an area that is deficient of higher density residential uses and infills
an existing urban area. The Metropolitan Bakersfield General Plan encourages infill projects,
the intensification of land use and the orderly outward expansion of new urban development
that maintains continuity of existing development.
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on December 20, 2012, and unanimously recommended
approval to the City Council. The motion for project approval included the addition of a
Planned Unit Development overlay on the proposed zone change (R -2 /PUD).
Six individuals spoke in opposition to the project:
• Carol Bender: Stated the density is too high to be compatible with surrounding uses and
was concerned about the potential increase in traffic. The current street infrastructure
does not handle current traffic demands and there are no planned street
improvements as the proposed widening of Rosedale Hwy will stop just east of the
project site. Ms. Bender also requested a planned unit development overlay zone,
which would allow input from the neighbors on the specific development design.
• Dave Brown: Lives on Pergola Avenue to the north. The area is surrounded by large
residential lots and he believes it should stay that way. Mr. Brown does not see
compatibility between the surrounding neighborhood and proposed use as there will
be negative impacts to traffic, air quality and noise, as well as overcrowded schools.
Mr. Brown is opposed to thru traffic from Rosedale Hwy directly into his neighborhood.
There are also no transit services near the project.
• Jonathan Geersen: Lives on Pergola Avenue and requested the project be postponed
to a later meeting for more neighborhood feedback. The proposed project would
diminish public safety due to increased housing density and population. The project
also creates more traffic problems on Rosedale Highway, will overpopulate schools,
increases noise, and will degrade air quality.
ADMINISTRATIVE REPORT
Page 3
Philippe Heglin: Lives on Pergola Avenue and was concerned with higher density, traffic
safety, and noise. He stated wanted to see something that enhances the area.
Ann Gallon: Does not want to see apartments and asked to postpone the matter to a
later meeting for more neighborhood input. She would like to see a site plan of the
specific development and that a buffer is needed between the project and homes to
north. There is also too much traffic at the Allen /Rosedale intersection.
Michael Neal: He believed notification of the project was not provided in a timely
manner. He would like the developer to meet with neighbors and for Commission to
postpone the hearing for more discussion. He would like area to remain with
compatible low density housing since they generate less traffic.
The applicant, Roger McIntosh, spoke in favor of the project. He commented that the site is
already disturbed and graded with some curb, gutter and sewer lines installed, which his
clients plan to use. There is other high density housing in the area as well as commercial, so the
proposal is not inconsistent with area development. He noted that the Commission recently
denied a request to change the land use to retail commercial and that some Commissioners
at that time stated a preference for multiple family development on the site. A PG&E
easement is located along the northern property line with transmission towers, which creates a
257 -foot wide buffer between the proposed project and single family homes to the north. A
cul -de -sac will be constructed at Phairfield Street, which will prevent any access from the
proposed project into the northern neighborhood.
Two letters appealing the Commission's recommendation were submitted by neighboring
property owners, Philippe Heglin and Jonathan Geersen, for the following reasons:
• The proposed housing density is too high and is not compatible with the area. They
prefer to see single family housing similar to the northern neighborhood.
• The Rosedale and Allen intersection is already highly congested.
• The project will encourage additional high density housing projects in the area.
• Noise and crime will increase.
• A zoning buffer should be created between the proposal and northern neighborhood.
• The HMR land use at 17 units /acre is not required to develop this project; multi - family
can be allowed under a lower density land use such as LMR (10 units /acre).
• A traffic study should have been prepared for the proposed project.
• Requested that the cul -de -sac constructed at the south end of Phairfield Street include
a block wall around it to prevent pedestrian access.
In response to the concerns, the PUD overlay zoning provides the Planning Commission
opportunity to condition more restrictive standards on a development, such as building height,
setbacks, lot coverage, parking and loading, vehicular and pedestrian access, walls and
fences, open spaces, and any additional improvements reasonably necessary to fulfill general
health, safety and welfare. Additionally, the Commission has recommended several
conditions to mitigate traffic and public safety. The existing PG&E easement already provides
a significant buffer (257 feet wide) where structures are prohibited. A cul -de -sac is required to
be constructed at Phairfield Street, which will prevent vehicular access into the northern
neighborhood. Additionally, City standards require that a six -foot high block wall be
constructed along the northern property line between the proposed multi - family project and
ADMINISTRATIVE REPORT
Page 4
single family homes to the north. Therefore, staff recommends that the appeals be denied
and that the Commission's recommendation to change the land use and zoning be upheld.
A third appeal letter was submitted by the applicant, Roger McIntosh, specifically appealing
the Planning Commission's decision to require a Planned Unit Development overlay zone with
the proposed R -2 zoning. According to the applicant, the purpose of PUD zoning is to allow for
diverse uses and creative designs to ensure that the specific details of a project's design are
maintained. The proposed project does not require a special design, nor does the project
need to deviate from City standards. The R -2 zoning and required Site Plan Review process are
adequate to meet the City's development standards and ensure compatibility with the
surrounding neighborhood.
In response, under the PUD overlay zoning, the Planning Commission will review a proposed
site development plan at a public hearing. This will provide neighborhood residents the
opportunity to see the specifics of the proposal and provide comments to the Commission.
The Commission may require in the approval of development plans, standards that are either
more or less restrictive than those specified in the Municipal Code. These would be designed
to protect and maintain property values, and provide or protect community amenities, which
would foster and maintain the health, safety and general welfare of the community. Because
of the issues and concerns raised by neighboring residents to participate in the review of
specific development plans, staff recommends upholding the Planning Commission's decision
to include the PUD overlay with the R -2 zone.
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 November 13, 2012, in accordance with CEQA.
CG - S: \GPAs \GPA 4th 2012\ 12 -0372 \SR Admin \CC 1 st read.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 23, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p.m. and at 5:15 p.m.
REGULAR MEETING - 3:30 p.m.
1.
2.
3.
4.
ROLL CALL
Present: Vice -Mayor Weir, Councilmembers
Maxwell, Smith, Hanson, Sullivan,
Johnson
Absent: Mayor Hall
PUBLIC STATEMENTS
None.
CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b) (3) (A) of Government Code
Section 54956.9. (two matters)
Motion by Councilmember Hanson to adjourn to
Closed Session at 3:34 p.m.
Motion by Councilmember Johnson to adjourn from
Closed Session at 5:14 p.m.
CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b) (3) (A) of Government Code
Section 54956.9. (two matters)
ACTION TAKEN
APPROVED
APPROVED
STAFF WAS GIVEN
DIRECTION
NO REPORTABLE
ACTION ON BOTH
MATTERS
Bakersfield, California, January 23, 2013 - Page 2
5. ADJOURNMENT ACTION TAKEN
Vice -Mayor Weir adjourned the meeting at 5:20 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
REGULAR MEETING - 5:15 p.m.
ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson (seated at 5:24 p.m.), Sullivan,
Johnson
Absent: None.
2. INVOCATION by Pastor Greg Haslow, First Assembly
Church.
3. PLEDGE OF ALLEGIANCE by Andrea Mayorga, 11 th
grade student at Arvin High School.
Mayor Hall acknowledged the students from the Bakersfield
College political science class in attendance at the meeting
to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation
and plaque to Coach Jeff Chudy, Athletic
Director Ryan Beck, and Team Captain Mercy
Maston with and members of the football team,
declaring January 23, 2013 as Bakersfield
College Football Team Day.
Coach Chudy accepted the Proclamation and
plaque, and made comments.
Bakersfield, California, January 23, 2013 - Page 3
4. PRESENTATIONS continued
b. Presentation by Mayor Hall of a Proclamation to
Assistance League President Lorraine Wilson
and President -Elect Pat Davis, declaring
February 16, 2013 as Assistance League of
Bakersfield Day.
Ms. Wilson accepted the Proclamation and
made comments.
5. PUBLIC STATEMENTS
a. David Lyman, Manager of the Convention and
Visitors Bureau, spoke regarding the Convention
and Visitors Bureau Valentine's Day promotions.
b. Cindy Pollard, CEO of the Greater Bakersfield
Chamber of Commerce, spoke regarding the
Chamber's Business Walk 2013 taking place on
January 31 It from 10:00 a.m. to 11:00 a.m., and
submitted written material.
C. Kyle Carter spoke regarding the amount of litter
along the freeway; and Steve Towle spoke
regarding the issue of littering in Bakersfield and
his effort to hold titterers responsible; and
submitted a photograph.
Councilmember Sullivan thanked the speakers
that spoke regarding the litter problem, and
stated she will be making referrals to staff after
the meeting to reevaluate the City's priority to
combat littering.
d. Robert Hartlen spoke regarding his concerns
with the freeway being built near Westpark.
e. Tom Lingo spoke in support of staff's
recommendation on New Business item 13.a.
f. Nora Weber spoke regarding Measure G that
was adopted by the Kern County Board of
Supervisors, and requested that the City
Council adopt a similar measure.
ACTION TAKEN
Bakersfield, California, January 23, 2013 — Page 4
5. PUBLIC STATEMENTS continued
h. The following individuals spoke in support of a
Human Life Ordinance:
Terri Palmquist (submitted written material
promoting a "40 Days for Life" outreach
campaign and requested a Mayoral
Proclamation); Tim Palmquist; and Mary Dorah.
6. WORKSHOPS
a. Update on Capital Improvement Program
Budget. (Staff recommends acceptance of the report.)
Public Works Director Rojas made staff
comments.
Civil Engineer Ramming made staff comments
and provided a PowerPoint presentation.
In response to a question by Vice -Mayor Weir,
Public Works Director Rojas stated that they will
provide an adjusted schedule to him for the
construction of the Siemon Park water play
area.
Vice -Mayor Weir asked staff to try and expedite
the construction of the Slemon Park water play
area so that residents may be able to utilize it
during this summer.
Councilmember Maxwell asked staff to look
into replacing the walking lights and overhead
lights downtown with LED lights.
Councilmember Smith requested that future
presentations Include maps of the locations of
the projects.
Councilmember Sullivan requested staff keep
her updated on the progress of construction of
the medians located on Stine and Ashe Road.
7. APPOINTMENTS
a. One appointment to the Planning Commission
due to the resignation of Dr. Dean Haddock
(Ward 3), whose term expires April 30, 2013.
City Clerk Gafford announced that three
applications were received for this
appointment.
ACTION TAKEN
7.
Bakersfield, California, January 23, 2013 — Page 5
APPOINTMENTS
Item 7.a. continued
Motion by Vice -Mayor Weir to appoint Dustin
Dodgin, to serve as the Planning Commissioner,
representing Ward 3.
b. Three appointments to the Keep Bakersfield
Beautiful Committee, due to the expiration of
terms of Regular Member John Enriquez and
Alternate Member Susan Stussy (Mayor), whose
terms expire January, 2013, and the resignation
of Alternate Member Sheryl Graab (Ward 7),
whose term expires November, 2014.
City Clerk Gafford announced that staff is
extending the recruitment for the Ward 7
Alternate position to March 6, 2013, as
requested by Councilmember Johnson; four
applications were received for the Mayor's
Regular appointment and three applications
were received for his Alternate appointment.
Mayor Hall nominated the reappointment of
John Enriquez as the Regular Member.
Motion by Vice -Mayor Weir to accept the
Mayor's recommendation to re- appoint John
Enriquez as the Regular member on the Keep
Bakersfield Beautiful Committee; term expiring
January, 2017.
Mayor Hall nominated the reappointment of
Susan Stussy as the Alternate Member.
Motion by Vice -Mayor Weir to accept the
Mayor's recommendation to re- appoint Susan
Stussy, as the Ward 7 Alternate member, on the
Keep Bakersfield Beautiful Committee.
C. Appointment of one Regular Member and one
Alternate Member by Vice -Mayor Weir to the
Special City Selection Committee of the San
Joaquin Valley Air Pollution Control District.
Motion by Vice -Mayor Weir to appoint
Councilmember Johnson, as the Regular
Member, and Councilmember Maxwell, as the
Alternate, to the Special City Selection
Committee of the San Joaquin Valley Air
Pollution Control District.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
APPROVED
Bakersfield, California, January 23, 2013 — Page 6
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 9, 2013
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
December 27, 2012 to January 10, 2013 in the
amount of $19,820,758.48 and self- insurance
payments from December 27, 2012 to January
10, 2013 in the amount of $244,542.74 totaling
$20,065,301.22.
Ordinances:
C. Adoption of Ordinance amending Section
13.12.030 relating to Development
Improvement Standards and Specifications
(regarding bicycle and pedestrian facilities).
Resolutions:
d. Resolution accepting grant funds ($700,000)
from the Federal Cooperative Endangered
Species Conservation Fund.
Agreements:
e. Agreement with GC Environmental, Inc. (not to
exceed $500,000), for landfill gas system
services for the Bakersfield Sanitary Landfill
Closure Project.
Cooperative Agreement with State of California
Department of Transportation (Caltrans) for the
plans, specifications and estimate and right -of-
way phases for the Centennial Corridor Project.
(TRIP)
g. Agreement with William Avery and Associates,
Inc. (not to exceed $49,800, including
expenses), for labor negotiation and consulting
services, for January 1, 2013 through December
31, 2013. (Amended to $24,900, period from
January 1, 2013 through June 30, 2013.)
ACTION TAKEN
ORD 4717
RES 007 -13
AGR 13 -005
AGR 13 -006
AGR 13 -007
Bakersfield, California, January 23, 2013 - Page 7
CONSENT CALENDAR continued ACTION TAKEN
h. Financial planning for the Thomas Roads REMOVED FOR
Improvement Program: SEPARATE
CONSIDERATION
Amend departmental contract with
Fieldman, Rolap and Associates from
$32,500 to $125,000 (adding $92,500) for
Financial Advisory Services associated
with application for Federal TIFIA loan
funds and development of a
comprehensive financial plan.
2. Agreement with Kutak Rock LLP
($125,000), for Special Bond Counsel
Services associated with Federal TIFIA
loan application and the City's financing
plan the TRIP projects.
3. Appropriate $217,500 fund balance to
the non - departmental operating budget
within the Capital Outlay Roads (utility
surcharge) Fund for the above services.
Amendment No. 1 to Agreement No. 12 -135 AGR 12- 135(1)
with George F. Martin of Borton Petrini, LLP
($100,000; revised not to exceed $250,000), to
provide outside legal services in matters related
to property tax and contract issues involving
the County of Kern.
Contract Change Order Nos. 13, 30, 38, 48 and AGR 08 -214
50 to Agreement No. 08 -214 with Security CCO 13, CCO 30,
Paving Company, Inc. (- $1,209,270.71; revised CCO 38, CCO 48,
not to exceed $28,186,047.95), for the
CCO 50
construction of the Westside Parkway Phase 1
Project. (TRIP)
k. Contract Change Order Nos. 46, 66, 70, 74, 76,
81, 89, 90, 92, 93, 94, 96, 99, 100 and 101 to
Agreement No. 09 -076 with Security Paving
Company, Inc. ($1,194,301.25; revised not to
exceed $89,869,349.49; change orders Utility
Surcharge revenues) for the construction of the
Westside Parkway Phase 2 Project. (TRIP)
AGR 09 -076
CCO 46, CCO 66,
CCO 70, CCO 74,
CCO 76, CCO 81,
CCO 89, CCO 90,
CCO 92, CCO 93,
CCO 94, CCO 96,
CCO 99, CCO 100,
CCO 101
Bakersfield, California, January 23, 2013 - Page 8
8. CONSENT CALENDAR continued
IiNlrl
Accept bid from Integrated Network ($105,419)
for one Microwave Radio (System 1) for the
Public Works Department, Communications
Division.
M. Accept bid from Dell ($58,300.51) for a Dell
EqualLogic PS6400E storage area network for
the Information Technology Division.
n. Accept bid from H. W. Hunter, Inc. ($88,011), for
five replacement four door midsize sedans for
the Police Department.
Miscellaneous:
o. Revised job specifications for Canal Tender II,
Park & Landscape Designer, Traffic Operations
Technician and Traffic Painter II.
ACTION TAKEN
P. Grant Deed to State of California for real DEED 7580
property located at the northeast corner of
Fairfax Road and State Route 178 for the Fairfax
Road Interchange Project. (TRIP)
Successor Agency Business:
q. Receive and file successor agency payments
from December 27, 2012 to January 10, 2013 in
the amount of $130,988.10.
City Clerk Gafford announced that staff submitted a
memorandum requesting a decrease in the contract
amount and an amended term for item 8.g.
Counclimember Maxwell requested that item 8.h. be
removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.q., with the removal of
item 8.h. for separate consideration; and the
amendment to item 8.g.
8.
9.
10.
11.
12.
Bakersfield, California, January 23, 2013 — Page 9
CONSENT CALENDAR continued ACTION TAKEN
h. Financial planning for the Thomas Roads
Improvement Program:
Amend departmental contract with
Fieldman, Rolap and Associates from AGR 13 -008
$32,500 to $125,000 (adding $92,500) for
Financial Advisory Services associated
with application for Federal TIFIA loan
funds and development of a
comprehensive financial plan.
2. Agreement with Kutak Rock LLP
($125,000), for Special Bond Counsel AGR 13 -009
Services associated with Federal TIFIA
loan application and the City's financing
plan the TRIP projects.
3. Appropriate $217,500 fund balance to
the non - departmental operating budget
within the Capital Outlay Roads (utility
surcharge) Fund for the above services.
City Manager Tandy responded to questions
asked by Councilmember Maxwell regarding
how TRIP projects are funded and how bonds
are paid.
Motion by Councilmember Maxwell to adopt APPROVED
Consent Calendar Item 8.h.
CONSENT CALENDAR PUBLIC HEARINGS
None.
HEARINGS
None.
REPORTS
None.
DEFFERED BUSINESS
None.
Bakersfield, California, January 23, 2013 - Page 10
13. NEW BUSINESS ACTION TAKEN
a. First Reading of Ordinance adopting a FR
Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal
Code by changing the zone district from P.C. D.
(Planned Commercial Development) to C -C
(Commercial Center) on 1.47 acres located on
the west side of Baker Street between Lake and
Kentucky Streets (ZC # 12 -0416 - The Kern
County Housing Authority in partnership with the
City.
Correspondence was received from McIntosh and
Associates and a memorandum was submitted by
staff regarding this item.
Councilmember Johnson announced he would
recuse himself from New Business item 13.a. due to a
conflict of interest, source of income to himself, and
he left the room.
Community Development Director Mclsaac made
staff comments, provided a PowerPoint presentation,
and recommended first reading of the ordinance with
the C -C zoning without the P.C.D. overlay.
Executive Director of the Housing Authority of the
County of Kern, Stephen Pelz, made comments and
provided a PowerPoint presentation.
Motion by Councllmember Maxwell to give the APPROVED
first reading to the ordinance and accept staff's ABS JOHNSON
recommendation to change the zoning to C -C without
the P.C.D. overlay.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson returned to the meeting at
7:12 p.m.
Councilmember Johnson asked staff to look into
changing the procedures for handling phone calls to
the Bakersfield Police Department, and make It more
customer friendly by taking a report over the phone
and then referring them to the website.
Councilmember Johnson announced that he is
meeting with a group of volunteers on Saturday to
clean up South "H" Street, Hosking Road, and
Berkshire Road.
Bakersfield, California, January 23, 2013 — Page 11
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
In response to a question by Councilmember Hanson,
for the record, Public Works Director Rojas explained
the reason the contract change orders listed on item
Consent Calendar item 8.1k. totaled $13 million.
Councilmember Sullivan asked that the Community
Services Committee explore new ways to combat
litter in the City and along the freeways, Including
sprinkler repair and enforcing the litter laws.
Councilmember Sullivan asked Mayor Hall to write a
letter to Assemblyman Salas requesting financial
support for the Ward 1 special election.
Councilmember Smith expressed his concern
regarding the half million dollar contract change order
for the lift station on Jewetta Avenue.
Councilmember Smith would like the Community
Services Committee to look Into developing a fee
structure to charge businesses that produce litter, as
other California cities have.
Mayor Hall advised that he has been lobbying
Caltrans to convince them to approve additional
locations in Bakersfield so more volunteers can
work on collecting litter in other areas of town. He feels
that he is making progress and is hopeful that Caltrans
will come to an agreement soon.
Mayor Hall asked that the City Attorney assist him in
draffing a letter to send Assemblyman Salas,
requesting he give consideration for providing the
necessary funding to offset the cost of the Ward 1
special election.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:35 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield