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HomeMy WebLinkAbout03/20/13_CC_AGENDA_PACKETREGULAR MEETING - 3;30 p.m, 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CLOSED SESSION BAKERSFIELD CITY COUNCIL AGENDA MEETINGS OF MARCH 20, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p,m. a, Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(1) for the following; City v, MVB Holdings, LLC, et al„ Tulare County Superior Court Case No. VCU 12-247560, 2, Ronnie Moats, et al, v. City, et al„ Kern County Superior Court Case No. S-1500-CV-275150 SPC 3, Joe R, Slaughter, et al, v. City, et al„ Kern County Superior Court Case No. S-1500-CV-271472 LHB b, Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to Government Code Sectfon 54956.9 (d)(4) 4. CLOSED SESSION ACTION 5. ADJOURNMENT REGULAR MEETING -5;15 p,m, 1. ROLL CALL 2. INVOCATION by Pastor James Scarborough, Bakersfield Hillcrest Seventh Day Adventist Church, 3. PLEDGE OF ALLEGIANCE by Natalia Booker, 4th grade student at Fremont Elementary School. 4. PRESENTATIONS d, Presentation by Mayor Hall of a Proclamation to Darrelyn Kundinger, President of Bakersfleld Women's Club, declaring March, 2013 Youth Art Month, b. Presentation by Mayor Hall of a Proclamation to Zane Smith, Executive Director of the Boys and Girls Club of Kern County, declaring April 7-13, 2013 Nationai Boys & Girls Club Week, 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS a, One appointment to the Historic Preservation Commission, due to the expiration of term of Scott Fieber, whose term expires March 30, 2013, Staff recommends Councli determination. 8. CONSENT CALENDAR Minutes: a, Approval of minutes of the March 6, 2013 Regular Cfty Council Meetings. Payments: b, Recelve and file department payments from February 21, 2013 to March 7, 2013 in the amount of $27,985,398.56 and self-insurance payments from February 21, 2013 to March 7, 2013 in the amount of $387,835,16 totaling $28,373,233,72. Ordinances: c, First Reading of Ordinance amending the text of various sections of Chapter 17,60 of the Municipal Code relating to signs. (refer to leg 8t Lit Committee) (Ward 3) d. Adoptlon of Ordinance adopting a Negative Declaratfon and amending the Official Zoning Map fn Title 17 of the Municipal Code by changing the zone district from C-O (Professional and Administrative Office) to C-1(Neighborhood Commerclal) on 48,780 square feet located 150 feet south of the southwest corner of Oswell and Bernard Streets (ZC # 12-0264, Scott Underhill, representing Bruce and Melanie Lynn, the property owners), (FR 02/13/13) (Ward 1) e, Adoption of Ordinance adopting a Negative Declaration and amending the Off(cial 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 Famlly/Planned Unit Development) on approximately one acre located along the west side of South Union Avenue, approximately 400 feet north of Panama Lane (ZC # 12-0286, Advanced Geomatics Engineering, representing Rajvir Singh Gill et al, the property owners). (FR 02/13/13) (Ward 6) f. Adoption 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 (Lfmited Multiple Family Dwelling) on 56,19 acres located south of Panama Lane, approximately 700 feet west of Stine Road on the west side of Farmers Canal (ZC # 12-0349, Mclntosh & Associates, representing Black Ops Real Estate, LLC, the property owners). (FR 02/13/13) (Ward 4) g, Adoptfon of Ordinance adopting a Negative Declaration and amending the Official Zoning Map in Title 17 of the Mun(cipal Code by changing the zone district from E (Estate) on 12,45 acres and R-1-CH (One Family Dwelling with Church Overlay) on 7,96 acres to R-2 (Limited Multiple Family Dwelling), located on the north side of Rosedale Highway, 660 feet west of Allen Road (ZC # 12-0372, Mclntosh & Associates, representing Black Ops Real Estate, LLC, the property owners). (FR 02/13/13) City Council Meeting of 3/20/2013 8. CONSENT CALENDAR continued (Ward 4) h, Adoption of Ordfnance adopting a Negative Declaration and amending the Officlal Zoning Map in Title 17 of the Municipal Code by changing the zone district from A(Agriculture) to E(Estate) on 27,56 acres at the southeast corner of Snow Road and 9uail Creek Road.(ZC # 12-0373, Mclntosh & Associates, representing Buckey Famfly L,P., the property owners), (FR 02/13/13) Resolutions: California Enterprise Development Authority Property Assessed Clean Energy Program (CEDA); Resolution approvfng associate membership by the City in the CEDA Program and authorizing and directing the execution of an associate membershfp agreement with CEDA. 2, Associate Membership Agreement wfth CEDA. 3. Resolution consenting to inclusion of properties within the Incorporated area of the City in the Kern County Property Assessed Clean Energy Program to finance distributed generation renewable energy sources and energy and water and water efficfency improvements, approving the report setting forth the parameters of the referenced program and certain matters in connection therewfth and authorizing and directing the execution of a participation agreement with CEDA. 4, Participation Agreement in CEDA PACE Program. Resolution authorizing the Community Development Director to submit a grant application to the California Department of Transportation for the preparation of a Safe Routes to School Plan. (Ward 1) k. Resolution determining that replacement parts for Deutz Cogeneration engine at Wastewater Treatment Plant No, 2 cannot be reasonably obtained through normal bidding procedures and authorizing the Finance Director to dispense wfth bidding therefor and purchase parts from Power Management, Inc., not to exceed 585,000, Nvara s> I. Disposal of Real Property: Resolut(on declaring real property located at 9110 Bridget Leigh Way surplus to the needs of the City. 2. Agreement with Smith Elfada (S 10,100) to purchase said property, (Ward 1) m. Resolutions adding the following territories to the Consol(dated Mafntenance District and approving, confirming and adopting the Public Works Dfrector's Reports and authorizing collection of the assessments by the Kern County Tax Collector, 1. Area 4-112 (101 S. Union Avenue) 2, Area 4-113 (501 & 503 E. 21 �+ Street) Agreements: �wa�a a> n. Flnal Map and Improvement Agreement with Summit Capital Ventures, Inc„ (owner) and John Balfanz Homes, Inc., authorized to do business in California, (developer) for Tract 6364 Phase 4 located west of Allen Road and north of Reina Road, City Council Meeting of 3/20/2013 8. (Ward 4) CONSENT CALENDAR continued C•7 � Final Map and Improvement Agreement with Castle and Cooke California, Inc„ for Tract 6448 Unit b located south of Stockdale Highway and west of Renfro Road. Amendment No, 9 to Agreement No. 92-154 - City Manager's Contract. q, Amendment No. 5 to Agreement No. 10-063 with Pavement Recyciing Systems, Inc. ($400,000: revised not to exceed 51,342,000 and extending term one year) to the annual contract for Cold Planing. (Ward 2) r, Amendment No. 3 to Agreement No, 11-127 with Thyssenkrupp Elevator Corporation ($50,000; revised not to exceed $160,000 and extending term one year) for elevator maintenance. (Ward 2) s, Amendment No, 1 to Agreement No, 12-042 with Stinson Stationers, Inc, ($300,000; revised not to exceed $560,000 and extending term one year), for offfce supplies, t, Amendment No. 1 to Agreement No. 12-061 with Bowman Asphalt, Inc. ($1,000,000; revised not to exceed $2,000,000 and extending term one year), for asphalt reJuvenator/sealant, u. Amendment No. 1 to Agreement No. F12-004 with Kern Security Systems, Inc. (S65,000; revised not to exceed $105,000 and extend agreement until June 2014), for the security guard services provided at 18m & Eye Street Parking Garage, (Ward 2) v. Amendment No. 1 to Agreements No. 12-088 and 12-089 with Pacific Gas and Electric Company (respectively, $5,176.06 increase; revised not to exceed S165,404, and $6,659 decrease; revised not to exceed 530,937) for modifying loan documents based on final certification for Ifghting retrofit project at Rabobank Arena and Convention Center. (Ward 3) �wa�a 2,a,5> w, x, State Route 184 at Bedford Green Drive; 1. Contract Change Order No, 6 to Agreement No. 12-064 with Granite Construction Company (530,870,08; revised not to exceed $901,289,89), for the construction of the proJect. 2, Amendment No. 1 to Cooperative Agreement No, 11-151 with the State of California Department of Transportatlon (construction costs funded by State: $10,900; revised not to exceed $953,900) to provide additional funding for Contract Change Order for the proJect, 3. Approprfate $10,900 State share of project cost to the Public Works Department's Capital improvement budget within the Gas Tax Fund. Westside Parkway Phase 2 (fRIP): Contract Change Order Nos, 78 and 111 to Agreement No. 09-076 with Security Paving Company, Inc. ($3,297,169,90; revised not to exceed $93,166,519.39; change orders funded with Transportation Development Fees), for the construction of the project. 2, Appropriate and transfer $3,200,000 Transportation Development Fund balance to the Public Work's Capital Improvement budget within the TRIP Local Match fund for the above project, City Council Meeting of 3/20/2013 8. CONSENT CALENDAR continued Bids: �wara s> y, Accept base bid plus Additive Aiternate No, 1 and approve contract with Griffith Company ($854,673), for street improvements on Masterson Street from SR 178 to Panorama Drive. (Ward l,b� z. Accept bid and approve contract with Precision Fertllizer Spreading (not to exceed $124,250) for the annual provislon - hauling and spreading biosolids. aa, Sale of Surplus Glock 22 pistols and Remington 870 Shotguns; 1. Award bid from Proforce Law Enforcement ($17,769,75) for the purchase of thirty Glock 22 pistols and ten Glock 27 pistols. 2. Appropriate $33,768 revenue from the sale of surplus of eighty- two Glock 22 1� generation pistols and sixty-three Remington 870 shotguns to the Police Department operating budget within the General Fund, Miscellaneous: bb. Acceptance of Audit Reports for Fiscal Year ended June 30, 2012 (eudget & Flnance Commltlse): Comprehensive Annual Financial Report (CAFR), 2, Agreed Upon Conditions Report, 3, Single Audit Report - Schedule of Federal Expenditures for the City. 4, independent Auditor's Report - Compliance with Contractual Requirements relatfve to the Bakersfield Subregional Wastewater Management Pian. 5, Independent Auditor's Report on Appropriations Limit Worksheet (GANN Limit) of the City. b, Independent Auditor's Report - Rabobank Arena, Theater, Convention Center, Bakersfieid Ice Sports Center & Bright House Networks Amphitheatre, (Ward 3) cc. Siemon Park Splash Pad Project Funding: 1. Approprfate and transfer # 131,500 in Transient Occupancy Taxes Fund balance to the Parks Department Capital Improvement budget within the Capital Outlay Fund to fund the balance of the project. 2, Appropriate $175,000 in Park Development Fund balance (Central Zone 2) to the Parks Department Capital Improvement budget within the Park Development Fund for the proJect, 3, Appropriate $34,000 in Park Acqulsition Fund balance (Central Zone 2) to the Parks Department Capital Improvement budget withfn the Park Development Fund for the pro)ect. City Council Meeting of 3/20/2013 8. CONSENT CALENDAR continued �wa�a �,6> dd, Mid-Year Appropriations for Various Divislons within the Publfc Works Department; 1, Appropriate $900,000 Sewer Enterprise Fund balance (Wastewater Treatment Plants No. 2 and No, 3) to the Public Works Department's Operating budget to fund additional electrical, repair and maintenance costs caused by co-gen failure at both plants. 2. Appropriate S115,000 Sewer Enterprise,Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Operating budget to fund replacement of catch basin lids due to theff, 3, Appropriate S35,000 Gas Tax Fund balance to the Pubifc Works Department's Operating budget to fund replacement of copper wire for streetlights due to theff. 4, Appropriate and transfer $50,000 Sewer Enterprfse Fund balance (Wastewater Treatment Piant No, 3) to the Public Works Department's Operating budget within the Equipment Management Fund to retrofit two existing trailers for biosolids spreading to comply with a General Order issued by the State Regional Water 9uality Control Board. Successor Agency Business: ee, Receive and file successor agency payments from February 21, 2013 to March 7, 2013 in the amount of $38,489,18, Staff recommends adoption of Consent Calendar ltems 8a. through 8.ee, 9. CONSENT CALENDAR PUBLIC HEARINGS 10. HEARINGS 11. REPORTS (Ward 2) a, Exclusive Negotiatfon Agreement with Golden Empire Affordable Housing, Inc. II, for the development of 56 units of affordable veterans and senior housing units located at 424 20� Street. Staff recommends approval of the Agreement. 12. DEFERRED BUSINESS 13. NEW BUSINESS a. Facilfties Management Agreement with AEG Management Bakersfield, LLC, for services for Rabobank Arena, Theater and Convention Center; Bright House Networks Amphitheater; and San Joaquin Community Hospital Ice Sports Center, Staff recommends approval of the Agreement, Cfty Council Meeting of 3/20/2013 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT Respectfully submitted, �������� � Alan Tandy City Manager 3/15/13 10:40am City Council Meeting of 3/20/2013 � � AGENDA HIGHLIGHTS March 20, 2013 COUNCIL MEETING REGULAR MEETING - 3:30 p.m. NOTE: In accordance with the new starting tlme� for City Council meetings that went Into effect as of 2015, a separate meeting wlll be called to order at 3:30 p.m., followed by Public Statementa that will encourcge comments pertcintng onlv to Closed Sesston matters. The Council wiil receaa Into Cloaed Sesalon and, upon concluslon of the Cioaed Seaaton, any Closed Seaaton actton wili be announced and the meeting wlll be cdJourned. At 5:15, the Reyular Meettng wlll be called to order to addreaa the remalnder oi the agenda items. �•�����C•I:1 Item 3a. There wlli be a confare►�ce wi�h Eegal counsel. cegording� �hree matters of existing litigation. REGULAR MEETING - 5:15 p.m. •► ► ►�:: �����•� = Item 8c. First Reading of an Ordinance Amending the Municipal Code Relatin� to Signs. The proposal covers more than one aspect of the sign regulations, the main one being allowing projected signs downtown and along Baker Street. There are eight other proposed modifications, all of which are intended to improve the ordinance and provide more consistency for business owners, and are detailed in the administrative report. The Planning Commission discussed the proposed revisions and held three public meetings on the subject. Councilmember Maxwell has asked for additional discussions on the topic, so staff will recommend that the item be referred to the Legislative and Litigation Committee for discussion. ;- . .� Item 8T. California Enter�rise DeveloRment AuthoritX (CEDA) Pro�erty Assessed Clean Enerav jPACEI Pro r� am• PACE is a program approved by AB 811, allowing cities to create assessment districts that would allow business and home owners to voluntarily finance up-front capital costs of energy (such as solar) and water efficiency projects that would then be repaid through their property taxes. This program will place no financial burden on the City. The City participdtes in a statewide PACE program called CaliforniaFIRST, which is sponsored by California Communities. This particular item provides a second option for business and home owners to finance energy improvements throvgh CEDA, again at no cost to the City. Council will be asked to adopt a resolution that allows the City to become an Associate Member in this secondary program and approve an agreement that formalizes the membership agreement. There is also a resolution that wili authorize property owners within the City to join the Kern County assessment district, and o corresponding agreement. � Item 8j. Resolution Authorizing the Community Develonment Director to Submit a Grant Ab�lication to the California Department of Transportation for the Pre�aration of a Safe Routes to Schooi Pan. The Community Development Department - Planning Division is seeking to appty for a Community Based Transportation Planning (CBTP) Grant offered by the California Department of Transportation for the preparation of a Safe Routes to School (SRTS) Plan. The SRTS Plan is proposed to have two basic parts; the first is a generalized plan that can be used and implemented by any City school to help educating parents and children about safety practices for walking and bicycling to school and identify measures that schools can take to help in the same; the second part is intended to focus on specific schoois that have been identified as having the highest number of collisions involving bicycles and pedestrians. This will include a review of their existing infrastructure and programming, suggested routes to school maps, and recommendations for school specific engineering improvements if needed. The City is proposing to request the maximum grant amount of $300,000 and match requirements will be satis�ed through the use of staff time and materials. :• ==��=i� Item 8x. Westside Parkway Phase 2. This item includes a change order in the amount of $3,297,169 for the construction of the Westside Parkway Phase 2 Project and a corresponding appropriation and transfer of $3,200,000 in Transportation Development Funds to the Public Works Capital Improvement Budget, within the TRIP Local Match Fund. In an effort to utilize all state funds allocated for the Westside Parkway Project; take advantage of the competitive bidding climate at the time; and expand the limits of the project, the City bid Phase 2 of the project with less than final design work completed. This strategy proved successful and the City was able to extend the project limits from Coffee Road all the way to Allen Road. It was known at the time that this strategy would result in higher amount of change orders as the project progressed and this item is reflective of these circumstances. � Ifem 8y. Award Contract to Griffith Comnany for Street Imnrovements on Masterson Street. The project will construct Masterson Street, from State Route 178 to Panorama Drive. Masterson Street will be realigned to its ultimate location at State Route 178, and the existing alignment at the intersection of State Routes 178/184 will be removed and closed. Five bids were received, and all were deemed acceptable. The contract amount is $854,673 and will be paid from assessment district bond proceeds. ►. •_ •�:• Ifem 8cc. Siemon Park Sqlash Pad Proiect Fundina. The total estimated cost for this project is $550,000, $209,500 of which has already been appropriated. The item seeks approval to appropriate the remainder of the funding, as follows: $141,500 in Transient Occupancy Taxes; $175,000 in Park Development Funds; and $34,000 in Park Acquisition Funds. Ifem 8dd. Mid-Year Aapro�riations for the Public Works Department. Several unforeseen items developed in the current fiscal year that require additional funding. These include additional electrical ond repair and maintenance costs related to Wastewater Treatment Plants 2 and 3 ($900,000); replacement of stolen catch basin lids ($115,000); replacement of stolen copper wiring ($35,000); and costs associated with the requirements by the State Water Resources Agenda Highlights - March 20, 2013 Council Meeting Page 2 � �" , � � Control Board to spread biosolids on the City-owned farmland ($50,000). Appropriations will come from the Sewer Enterprise Fund and Gas Tax Fund, not the General Fund. ; �•: Ifem 11a. Fx�i��c�ve Neaotiat, ion Agreement (ENA) re a� rdin_� New Affordable Housina on 20tn Street• The agreement is with Golden Empire Affordable Housing, Inc. II (GEAHI-II) for the purpose of assistance in attracting additional outside funding for the proposed 20th Street Veterans & Senior Housing Project, which would construct 56 affordable rental units for homeless veterans and seniors at 424 20t" Street. When the Redevelopment Agency was stili active, it received a$10.8 million Proposition 1 C (Prop1C) grant from the State of California to construct infrastructure in support of �ve specific affordable housing projects as part of the Mill Creek redevelopment project, one of which was to construct the veterans 4nd senior housing project noted above. To date, the State Department of Finance has denied the item as an enforceable obligation. If the City is unable to construct the project, the City may be at risk to repay approximately $3 million to the State Department of Housing and Community Development as required by the Propl C grant agreement. Staff is looking at other sources of funding, and, last year, began negotiations with GEAHI-II (which is the non-profit construction arm of the Housing Authority of the County of Kern) on the financial deal points of the project. Their status as a non-profit Community Housing Development Organization (CWDO� optimizes the funding options available for the project, including Federal Home Loan Bank assistance that will make the project more �nancially viable and enhance its standing to receive needed tax credit financing. The proposed ENA is needed to a{low Golden Empire to be qualified for this financing. The ENA would be for a period of 180 days, with an option for a 90-day extension. During this period, the City would be required to negotiate the terms of a DDA exclusively with GEAHI-il, which is already the City's intent. The ENA, however, does not obligate the City to enter into a DDA if satisfactory terms cannot be negotiated. .�� . Item 13a. B.,areement for Management of Civic Facilities. The City's management contract with SMG to manage and operate the Rabobank Arena, Theater and Convention Center; Bright House Networks Amphitheater; and the San Joaquin Community Hospitai Ice Sports Center exp�res on June 30, 2013. The City has recently concluded an RFP process designed to evaluate and select the best firm and proposal available to the City for the future management and operation of the City's facilities. As a result of this process, staff is recommending approval of a contract with AEG Management Bakersfield, LLC to manage and operate the City's facilities for a ten-year period, with an option to renew for an additional five years. AEG has been selected for a number of reasons, including a guarantee that the City's annual loss wiil never exceed an identified benchmark, which provides the City with a significant assurance of improved bottom line results that are better than what has occurred over the last four consecutive yea�s and in eight of the past fourfeen years. This guarantee or protection allows the City a greater ability to budget and plan for expenses. AEG is based in Los Angeles, Agenda Highlights - March 20, 2013 Councll Meeting Page 3 � which provides for close proximity to their corporate headquarters, and is the only management company that directly owns or controls concert and sport event programming operations. In addition, it should also be noted that this contract includes a significant financial commitment from AEG to the City, designed to assist with capital improvements of the facilities and attract new concerts and events. AEG has also committed to retaining the existing staff of the current management company, which was an important component of their proposal. Staff would like to thank SMG for their relationship and performance of the years it has mandged and operated the City's various venues. Approved: Alan Tandy, Ctty Mana�er cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - March 20, 2013 Council Meeting Page 4 � ADMINISTRATIVE REPORT MEETING DATE March 20, 2013 AGENDA SECTION: Closed Session ITEM: �3 n _ TO: FROM: DATE: SUBJECT: VG:Isc Honorable Mayor and City Council Virginia Gennaro, City Attorney March 8, 2013 APPROVED DEPARTMENT HEAD �� CITY ATTORNEY �� CITY MANAGER �T Conference with Legal Counsel — Exlsting LHIgallon Closed session pursuant to Government Code section 54956.9(d) (1) (three cases). City of Bakersfield v. MVB Holdings, LLC, et al. Tulare County Superior Court Case No. VCU 12-247560 Ronnie Moats, et al. v. COB, efi al. Kern County Superior Courf Case No. S-1500-CV-275150 SPC Joe R. Slaughter, et al. v. COB, et al. Kern County Superior Court Case No. S-1500-CV-271472 LHB S:\COUNCIL\CI Sess\Admins\12-13\3-20-13ExistLit.docx A ADMINISTRATIVE REPORT MEETING DATE March 20, 2013 AGENDA SECTION: Closed Session ITEM: '�_ L� TO: FROM: �Z�1? Honorable Mayor and City Council Virginia Gennaro, City Attorney March 13, 2013 APPROVED DEPARTMENT HEAD �G' CITY ATTORNEY �� CITY MANAGER SUBJECT: Conference with Legal Counsel — Initiatlon of Lltigaflon Closed session pursuant to Government Code section 54956.9(d) (4) (two potential cases). VG:Isc S:\COUNCIL\CI Sess\Admins\12-13\3-20-131nitLit.docx A ti F � r � ADMINISTRATIVE REPORT � a MEETING DATE: March 20, 2013 AGENDA SECTION: Presentations ITEM: �.1 n TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall March 11, 2013 APPROVED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER ST C��.. Presentation by Mayor Hall of Proclamation declaring March, 2013, as "Youth Art Month" to Darrelyn Kundinger, Bakersfield Women's Club President. RECOMMENDATION: BACKGROUND: March 11, 2013, 12:36PM W:WIAYORWDMIN�2013\Youth Art Month.dot � A � � f ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Presentations ITEM: 4 h TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEA DATE: March 11, 2013 CITY ATTORNEY CITY MANAGER � T � SUBJECT: Presentation by Mayor Hall of Proclamation declaring April 7-13, 2013, as °National Boys 8 Girls Club Week" to Zane Smith, Executive Director of the Boys & Girls Club of Kern County. RECOMMENDATION: BACKGROUND: March 11, 2013, 12:34PM W:U�IIAYORWDMIN�2013\Boys 8 Girls Club Week.dot O� Au � � d ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Appointments ITEM: �'7_ a _ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk March 7, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY ��r CITY MANAGER One appointment to the Historic Preservation Commission due to the expiration of term of Scott Fieber, whose term expires March 30, 2013. RECOMMENDATION: Stdff recommends Council determination. BACKGROUND: There is one appointment to the Historic Presenration Commission due to the expiration of term of Scott Fieber, whose term expires March 30, 2013. The news release for this recruitment was posted February 6, 2013. Applications for appointment were received from the following individuals: • Scott Fieber • Mark Bateman Nominations to this Commission are made by the full Council. The Historic Preservation Commission is an advisory body to the City Council, and is composed of five members. Members must be residents of the City of Bakersfield, but not a specific Ward, throughout their three-year term. The Commission reviews applications for Cultural Resource designations and applications for Historic Districts, in addition to applications which may be referred by the Planning Commission, Board of Zoning Adjustment or the City Council. The Commission presides and conducts public hearings on designation applications, and makes recommendations to the City Council. Meetings are held on the third Tuesday of each month at 4:00 p.m., as needed. RG:aI March 6, 2013 11:33 AM V:\Bds&Comm\HPC\2013\Administrative Report March 2013.docx A , � � � � ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: Q � _ TO: Honorable Mayor and City Council APPR VED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD �� DATE: March 8, 2013 CITY ATTORNEY CITY MANAGER S T SUBJECT: Approvai of Minutes of the March 6, 2013 Regular City Council Meetings. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw � A 4 � � �Cn � ° ADMINISTRATIVE REPORT c MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: R _ 4, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_�✓�_ DATE: March 7, 2013 CITY ATfORNEY ._ CITY MANAGER � SUBJECT: Receive and file department payments from February 21, 2013 to March 7, 2013 in the amount of $27,985,398.56, Self Insuronce payments from Februory 21, 2013 to March 7, 2013 in the amount of $387,835.16, totaling $28,373,233.72 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: March 7, 2013, 4:30PM S:\Kim GWDMIN\COUNCIL-ADMIN-AP-2013WDMIN�AP 032013.doc ` A4 V � �,� ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM Q' _ r�_ _ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Douglas N. Mcisaac, Community Development Director March 14, 2013 APPROVED DEPARTMENT HEAD �� CITY ATTORNEY CITY MANAGERS G�-C. First reading of ordinance amending the text of various sections of Chapter 17.60 of the Bakersfield Municipal Code relating to signs. (All Wards) RECOMMENDATION: Staff recommends referral to the Legislative and Litigation Committee. BACKGROUND: The proposal involves a number of changes to the sign regulations in the Zoning Ordinance. The main amendment will allow use of projecting signs in the downtown and Baker Street areas; this was initiated by the Planning Commission. However, staff has also included other modifications to update and/or reflect current procedures, which are intended to improve the ordinance. Projecting signs have been prohibited since 1976 wher� the City's first comprehensive sign regulations were adopted. At that time, many communities were regulating signs as a way to improve community design and many types of signs were viewed as contrary to that goal, including brightly lit or flashing signs, roof-mounted signs, moving signs, and projecting signs. With the revitalization of downtowns and older commercial core areas, projecting signs have been more positively viewed as a way to increase business identification and attraction, as those areas are beginning to experience and encourage a more pedestrian-oriented character. The Commission formed an Ad-Hoc committee to review ordinances from communities that ollowed projecting signs in their downtown areas. These included the cities of Pasadena, Glendale, Visalia, and Santa Barbara. The Committee also took a walking tour of downtown to visualize how projecting signs could be used. After holding three public meetings on May 23�d, June 13'h and July 18'h, 2012, and considering the various regulations, the Committee finalized a recommendation, which was endorsed by the full Commission. Since the sign regulations were being amended, staff took the opportunity to modify other areas within Chapter 17.60 to update and/or reflect current procedures. A discussion of each change is summarized in the table below: March 14, 2013. I:1 I PM JGE: S:\Dona\ADMINS\2013\MARCH\3-20 Sign Ord Amendmenis - Adminisfrative Report - Leg-Lit re/erral.docx ADMINISTRATIVE REPORT Section Discussion Projecting Signs (new): 17.60.070 H. Adds the use of projecting signs in the Central District and Old Town Kern areas (see previous discussion above). Comprehensive Sign Plans (modffy): Corrects that signatures are required by the property owner, not the business owner. This 17.60.030 A. change is consistent with other land use applications that require the property owner sign the application. A public hearing notice is already required to be provided to the affected business owners. Additionally, since redevelopment areas and the Agency no longer exist, subsection 2 is being removed. Pylon Sign prohibitton (modify): The current prohibition of pylon (or pole) signs impacts the shopping center at the northwest corner of Coffee Road and Stockdale Highway (Albertsons/Trader Joes�, which 17.60.050 C.4. has existing pylon signs. It was never intended for this center to be forced to remove those signs since the prohibition was mainly oriented to prohibit pylon signs along the Kern River Parkway. This corrects this oversight and allows the center to keep its signs so they can be repaired and/or updated. C-O zone signs (add): 17.60.060 B.2. Allows the addition of monument signs for larger centers with over 500 feet of street frontage. This will help lessen the likelihood of a comprehensive sign plan being used as a variance process to just add more monument signs. C-1 zone signs (add/modNy): . Allows the addition of monument and pylon signs for larger retail centers with long street frontages; additional monument signs wouid match the C-O zone; one additional pylon sign would be permitted for street frontages over 1000 feet. 17.60.060 B.3. • Shingle sign clearance is being reduced from 8 feet to 7 feet. This was part of the recommendation by the Ad Hoc Committee as it was found downtown that most canopies only have an 8-foot clearance leaving no room for a sign; the existing signs had only a 7-foot clearance. This change would reflect current practice. . Formally establishes a 1-foot separation between menu boards. C-2 zone signs (add/modify): • Same changes as noted above in a C-1 zone for consistency. . Adds M zones to follow the same sign standards as the C-2 zone. The M sign standards would be allowed a larger �+75 sf) and taller (+5 ft) pylon sign and more 17.60.060 8.4. 8� 5. Wall sign area �+75 sf); all other regulations between these zones are the same. Since the M zones allow all C-2 uses by right, M zones are usually not next to neighborhoods, and in many instances C-2 and M zones are clustered together, this change allows more consistency (and equity) of sign regulations for businesses. March 14, 2013. I:I IPM JGE: S:\Dana\ADMINS\2013\MARCH\3-20 Sign Ord Amendments - Adminisfrative Report - Leg-Lif re/errol.docx ADMINISTRATIVE REPORT Auto Mall signs (add/modffy): 17.60.060 6.�.8. Same changes as noted above in a C-1 zone except it does not increase the number of pylon signs (since businesses are already allowed two pylon signs along each street�. Freeway Oriented Stgns (odd): Adds the Olive Drive/SR 99 and Taft Highway/SR 99 interchanges to the list of intersections that are allowed freeway oriented signs. These signs are taller (75') and larger (350 sf), and 17.60.070 D.l , are limited to being within specific areas around interchanges along SR 99 for freeway oriented businesses (i.e. fuel, food, and lodging). Since the City has recently annexed property at both the Olive Drive and Taft Highway interchanges, signs for existing and future freeway oriented businesses in these areas will be consistent with other freeway oriented businesses along SR 99 (equal treatment�. Skyline Signs (modffy): 17.60.070 F.8. Allows a skyline sign to have two lines instead of one. There are many older signs with two lines that would become conforming signs and would reflect current practice. A second line is usually requested for logos and secondary business information. The addition of projecting signs will result in further promoting businesses and enhancing the pedestrian-friendly character of the downtown and Old Town Kern areas. The other modifications to the sign regulations are necessary to better reflect current practices. These changes will not result in creating legal non-conforming signs, but will instead enhance opportunities to improve business identification. There were no public comments on the proposed changes. The Planning Commission unanimously recommended approval of the text amendments and recommends adoption by the City Council. This project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the general rule of CEQA in accordance with Section 15061 (b) (3), it can be seen with certainty that there is no possibility that adoption of the proposed ordinance amendments will have a significant effect on the environment. March 14, 2013. I: I 1 PM JGE: S:\Dar�a\ADMINS\2013\MARCH\3-20 Sign Ord Amendments - Adminisfrative Report - Leg-�'t refenal.docx A � �� U ° ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: S�' _ c� . TO: FROM: DATE Honorable Mayor and City Council Douglas N. Mclsaac, Community Development Director February 22, 2013 APPROVED DEPARTMENT HEAD� CITY ATTORNEY�_ CITY MANAGERsT � SUBJECT: Adoption 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) on 48,780 square feet, located 150 feet south of the southwest corner of Oswell Street and Bernard Street. (ZC # 12-0264; Scott Underhill, representing, Bruce and Melanie Lynn, the property owners). (Ward 3) RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: First reading of the ordinance was given on February 13, 2013. The applicant proposes an amendment 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 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 properfies 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 ADMINISTRATIVE REPORT the north of the project site and to the south is multi-family housing multi-family housing and to the east is single family housing. Page 2 To the west is additional The applicant proposes to infiil 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 the related General Plan Amendment and this 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. City Council approved the General Plan Amendment on February 13, 2013. 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 2nd read.docx n A F � ✓ � � ° ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: R _ P _ TO: FROM: DATE: Honorable Mayor and City Council Douglas N. Mclsaac, Community Development Director February 18, 2013 APPROVED DEPARTMENT HEAD���� CITY ATTORNEY � CITY MANAGER�� SUBJECT: Adoption 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) on approximately one acre, located along the west side of South Union Avenue, approximately 400 feet north of Panama Lane. (ZC# 12-0286, Advanced Geomatics Engineering, representing Rajvir Singh Gill et al, the property owner). (Ward 1) RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: First reading of the ordinance was given on February 13, 2013. The applicant proposes amendments to the Metropolitan Bakersfield General Plan Land Use Element and Zoning Ordinance to accommodate development of a 15 unit aparfment 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 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. ADMINISTRATIVE REPORT Page 2 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 2nd read.docx A � � fc� .. U ° ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Douglas N. Mclsaac, Community Development Director February 22, 2013 APPROVED DEPARTMENT HEA[5��� CITY ATTORNEY f'� t� CITY MANAGER�� SUBJECT: Adoption 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, located south of Panama Lane, approximately 700 feet west of Stine Road, on the west side of the Farmers Canal. (ZC # 12-0349; Mclntosh & Associates, representing Black Ops Real Estate, LLC, the property owners). (Ward 6) RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: First reading of the ordinance was given on February 13, 2013. The applicant proposes an amendment to the 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 the north side of Panama Lane. At the time the property is developed, lone 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. ADMINISTRATIVE REPORT Page 2 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 compatibie 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 muiti-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 the related General Plan Amendment and this 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 Reporfs\CC 2nd read.docx � A , � � � .. U ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: X e TO: FROM: DATE Honorable Mayor and City Council Douglas N. Mclsaac, Community Development Director February 22, 2013 APPROVED DEPARTMENT HEAD li�`Pi CITY ATTORNEY �� CITY MANAGER � � SUBJECT: Adoption of Ordinance, adopting a Negative Declaration and amending the Official Zoning Map in Title 17 of the B4kersfield Municipal Code by changing the zone district from E(Estate) on 12.45 acres and R-1-CH (One Family Dwelling with Church Overlay) on 7.96 acres to R-2 (Limited Multiple Family Dwelling), located on the north side of Rosedale Hwy, 660 feet west of Allen Road. (ZC # 12-0372; Mclntosh 8� Associates, representing Black Ops Real Estate, LLC, the property owners). (Ward 4) RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: First reading of the ordinance was given on February 13, 2013. As part of that approval, the City Council denied appeals to change the zoning to multiple-family (R-2) and upheld the appeal to remove the PUD (Planned Unit Development) overly zone recommended by the Planning Commission. They also added two conditions; the first limiting development to a maximum of 200 dwelling units within the project area and the second, restricting building heights to one-story along the north side of Alyssa Marie Avenue. The proposed amendment to the Zoning Ordinance is to accommodate the development of duplex and multi-family housing with a maximum of 200 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 o 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 lanesj; 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 ot 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 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 ADMINISTRATIVE REPORT Page2 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 cornmercial 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 Metropolifian 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 the related General Plan Amendment and this Zone Change on December 20, 2012, and unanimousty 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. • Philippe Heqlin: 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 ot the specific development and that a buffer is needed between the project and homes to norfh. 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 ADMINISTRATIVE REPORT Page 3 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 Mclntosh, 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 PG8�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. 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. The Commission recommended several conditions to mitigate traffic and public safety. The existing PG8�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 tine between the proposed multi-family project and single family homes to the north. A third appeal letter was submitted by the applicant, Roger Mclntosh, 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. 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 4ih 2012\12-0372\SR Admin\CC 2nd read.docx A F w , � : � �. U ° ADMINISTRATIVE REPORT � MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: � . %t . TO: FROM: DATE: SU BJ ECT: Honorable Mayor and City Council Douglas N. Mclsaac, Community Development Director February 18, 2013 APPROVED DEPARTMENT HEAD���'�' CITY ATTORNEY�_ CITY MANAGERS�Q� Adoption of Ordinance adopting a Negative Deciaration 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) on 27.56 acres, at the southeast corner of Snow Road and Quail Creek Road. (ZC# 12-0373, Mclntosh 8� Associates, representing Buckey Family L. P., the properfy owners). (Ward 4) RECOMMENDATION: Staff recommends adoption of the ordinance. �T_T�3:��33•1�1:U� First reading of the ordinance was given on February 13, 2013. 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 properfy to the east is in agricultural use and properfy 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 �valuate 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. 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 os part of project approval. ADMINISTRATIVE REPORT Page 2 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 appiicant has agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project wouid not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on October 29, 2012, in accordance with CEQA. The applicant has agreed to all conditions and mitigation for the project. JE:dI\S:\GPAs\GPA 4th 2012\12-0373\AdminSR\2nd Reading Admin.doc ,,,��111111111NI1� •, 1 \ ``` ` � _ '�:lplll.(n�,. = :: �, : ., . ,,,,,�� _ , ,,, ,,,,,,,,,,,,, ADMIN�ISTRATIVE REPORT TO: Honorabie Mayor and City Council FROM: DATE: SUBJECT: ITEM: _ �;. . Alan Tandy, City Manager DEPARTMENT HEAD March 14, 2013 CITY ATTORNEY CITY MANAGER California Enterprise Development Authority Property Assessed Cle n E ergy Program (PACE): l. Resolution approving associate membership by the City of Bakersfield in the California Enterprise Development Authority (CEDA) and authorizing and directing the execution of an associate membership agreement with CEDA. 2. Associate Membership Agreement with CEDA. 3. Resolution consenting to inclusion of properties within the incorporated area of the City of Bakersfield in the Kern County Property Assessed Clean Energy Program to finance distributed generation renewable energy sources and energy and water efficiency improvements, approving the report setting forth the parameters of the referenced program and certain matters in connection therewith and authorizing and directing the execution of a parficipation agreement with CEDA. 4. Participation Agreement in CEDA PACE program. RECOMMENDATION: Staff recommends adoption of the Resolutions and approval of the Agreements. BACKGROUND: In 2008, the State of California approved legislation that enabled counties and cities to create Property Assessed Clean Energy Programs (PACE). The legislation (AB 811) authorized the creation of an assessment district, whereby commercial and residential owners can finance the upfront capital costs of energy and water efficiency projects and repay the amount financed through a contractual assessment on their property. The contractual assessments are recorded as a lien against the subject property, entered in the County roll and are collected on the property owner's tax bills at the same time and in the same manner as traditional property taxes. ST Page 1 A O + C.�, '� �C°� U C7 r ADMINISTRATIVE REPORT In 2010, the City Council approved the City's participation in the CaliforniaFIRST PACE program, which is sponsored by California Communities, a joint powers authority sponsored by the League of California Cities and the California Association of Counties. This was done in an effort to provide City residents and businesses with the opportunity to participate in a statewide PACE financing program that does not place any administrative burden or financial liability on the City of Bakersfield. PACE applications are pooled on a statewide basis and when appropriate, CaliforniaFIRST issues bonds to finance the authorized projects. Participation in PACE financing is on a voluntary basis. Property owners go through an application process to select the type of projects they wish to install and the contractors they choose to utilize (with some restrictions). Property owners pay for the cost of their project, including interest and fees to administer the program, amortized over 20 years. The property tax assessment transfers with the property upon sale and is secured by the property value, not by the credit history of the property owner. Approval of this item will allow City residents and businesses the opportunity to participate in a second PACE financing option through CEDA, a statewide joint powers authority similar to California Communities. Participation in this additional PACE program does not place any administrative or financial burden on the City. The financial transactions that occur are between fhe property owners and the PACE program sponsors, the City's actions simply facilitate this program by becoming an Associate Member of CEDA and authorizing property owners within the jurisdiction of the City to join the Kern County assessment district, which the County of Kern has already established for this purpose. Normally, becoming a member of a JPA would subject the City to the JPA's liabilities and obligations. However, joining CEDA as an associate member significantly reduces any potential risk on the City's part due to the fact that the associate membership agreement specifically provides that the debts, liabilities and obligations of the JPA shall not be the debts, liabilities and obligations of the City. Approval of these Resolutions will allow property owners in the City of Bakersfield the opportunity to take advantage of a secondary, turnkey, PACE financing program on a voluntary basis. This has the potential to create local economic activity, promote clean energy retrofits and upgrades, reduce greenhouse gas emissions and reduce energy consumption throughout the City of Bakersfield. ST Page 2 � A � � � � U ° ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGE� ITEM: TO: Honorable Mayor and City Council FROM: SECTION: Consent Calendar . �. Douglas N. Mclsaac, Community Development Director DE DATE: March 13, 2013 CITY CITY SUBJECT: Resolution authorizing the Community Development Director to submit a grant application to the California Department of Transportation for the preparation of a Safe Routes to School Plan. (All Wards) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The Community Development Department - Planning Division seeks to apply for a Community- Based Transportation Planning (CBTP) Grant offered by the California Deparfment of Transportation (Caltrans) for the preparation of a Safe Routes to School (SRTS) Plan. The grant application request requires support by the elected body. SRTS is an international movement that has taken hold in communities throughout the United States. The concept is to increase the number of children who walk or bicycle to school by funding projects that improve safety and promote walking and bicycling within a collaborative community framework. These programs are designed to decrease traffic and air pollution, increase the health and education of children, and foster community partnership. A successful SRTS Plan for the City of Bakersfield will include each of the "Five E's" of SRTS programming: Education, Engineering, Enforcement, Encouragement, and Evaluation. The SRTS Plan is proposed to have two basic parts. The first part is a generalized plan that can be used and implemented by any City school to help in educating parents and children about safety practices for walking and bicycling to school and identify measures that schools can take to help in the same. The second part is intended to focus on those specific schools that have been identified as having the highest number of collisions involving bicycles and pedestrians. Approximately 15 public elementary and middle school sites are proposed to participate and receive a review of their existing infrastructure and programming, suggested routes to school maps, and recomra�endations for school specific engineering improvements if needed. School selection criteria will be based on recent bicycle and pedestrian collision data collected (involving people ADMINISTRATIVE REPORT Pa9e Z under 18 years old) during the preparation of the Bicycle Transportation Plan (BT Plan) and this effort will complement the BT Plan, which staff is currently developing. The City is proposing to request the maximum grant amount of $300,000 in order to prepare the City's SRTS Plan. A 10 percent funding match requirement will be satisfied by the use of staff time and materials. This Caltrans grant program focuses on the preparation of planning studies as opposed to infrastructure improvement related programs traditionally applied for by the City. While this program is primarily offered to Metropolitan and Regional Transportation agencies (such as Kern COG), cities may also apply directly for the CBTP grant. The CBTP grant funds may be used for transportation planning projects that encourage community involvement and partnership. The grant program implements the vision of the State to promote a balanced, comprehensive multi- modal transportation system. The City's SRTS Plan would satisfy multiple statewide transporfation planning goals identified in the California Transportation Plan, which include efforts to enhance public safety, reflect community values, and "ensure the safety and security of people, goods, services, and information in all modes of transportation." KS - S:\Bicycle Transportation Plan\Safe Routes to School Planning Grant 2013\SRTS admin report.docx � A �+ S � � � � ° ADMINISTRATIVE REPORT �1 "'Mry lLI MEETING DATE: March 20, 2013 AGENDA SECTION Consent Calendar ITEM: g . �C. TO: Honorabie Mayor and City Council APP VED r FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: March 5, 2013 CITY ATTORNEY v� CITY MANAGER s� SUBJECT: A resolution determining that replacement parts for Deutz Cogeneration engine at Wastewater Treatment Plant No. 2 cannot be reasonably obtained through normal bidding procedures and authorizing the Finance Director to dispense with bidding therefor and purchase replacement Deutz congeneration parfs from Power Management Inc, not to exceed $85,000 (Ward 1). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Wastewater Treatment Plant 2 operates two cogeneration engines that utilize digester gas produced on-site to offset electrical costs at the plant. The Deutz cogeneration engine requires a major overhaul after 40,000 operation hours. The engine now has 38,970 operational hours, parts are worn, and the engine is not producing electricity at optimal levels. Consequently, an overhaul of the engine is now due. Replacement parts are needed to complete this overhaul. Power Management incorporated (PMI) is the only service and parts provider for Deutz gas cogeneration engines on the west coast. PMI has a contract with MWM of America, the maker of the Deutz engine. MWM will not provide a parts warranty unless the parts are p�rchased ond installed by PMI. Staff recommends approval of this resolution for the immediate purchase of the parts needed to perform an overhaul of the Deutz cogeneration engine. The manufacturer ships replacement parts from their plant in Germany; therefore, it can take two months to get the replacement parts once they are ordered. Sufficient funds are budgeted to fund the replacement parts. There is no General Fund impact associated with this request. RB/rp March 12, 2013, 12:07PM G:\GROUPDATWDMINRPT�2013\03-20Wdmin - SoleSourceReso - Deutz Engine Parts.doc � A+, � � � ADMINI .�RATIVE REPORT �,ti S 0 MEETING DATE: March 20, 2013 TO: FROM: DATE Honorable Mayor and City Council Nelson K. Smith, Finance Director Morch 11, 2013 AGENDA SECTION: Consent Calendar ITEM: $, �, APPROVED DEPARTMENT HEAD CITY ATTORNEY �� CITY MANAGER S SUBJECT: Disposal of Real Property 1. Resolution declaring real property located at 9110 Bridget Leigh Way surplus to the needs of the City; 2. Agreement with Smith Elfada to p�rchase said property for $10,100. (Ward 3) RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement. BACKGROUND: In 2007, Don Judkins, the developer of "The Fairways at Riverlakes" subdivision made a good faith effort to acquire the right of way necessary to widen Norris Road and Forest Park Street from the then owner of 9105 Norris Road. However, he was unsuccessful and the County declined to proceed with eminent domain proceedings to obtain the necessary road right of way. So Mr. Judkins gave the City an odd shaped remnant that was created by his development. The remnant parcel measures (41' deep x 265' wide). The property to the north of the City's remnant parcel has since changed ownership and the City has received an offer to purchase the remnant parcel from the new properfy owner, Smith Elfada. Mr. Elfada plans on merging the property he recently acquired at 9105 Norris Road with the City's property and subdivide the combined parcel into three single family lots. The offered amount of $10,100 is considered reasonable given the property's limited development potential. Also, Mr. Elfada will be required to widen Norris Road and Forest Park Street if he subdivides the property. The Planning Department, Bakersfield Ordinance 42. General Plan. in accordance with Government Code Section 65402 and City of 8, found the sale to be consistent with Metropolitan Bakersfield March 11, 2013, 6:03PM P:UAyFilesWdmin Reports\9110 Bridget Leigh Way sale.2.doc DMA/s �y Ae, � ; I � ° ADMINISTRATIVE REPORT C , u MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: A. m TO: FROM DATE; Honorable Mayor and City Council Raul Rojas, Public Works Director March b, 2013 APP OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER �T- uX SUBJECT: Resolutions to add the foliowing territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Reports and authorizing coliection of assessments by the Kern County Tax Coilector: 1, Area 4-112 (101 S. Union Avenue) - Ward 1 2, Area 4-113 (501 & 503 E. 21 St Street) - Ward 1 RECOMMENDATION; Staff recommends adopting the Resolutions, BACKGROUND; On March b, 2013, the Council adopted Resolutions of Intention No. 1738 and 1739 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 wiil 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 ailows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) have also submiited 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 draffed and wili be recorded with the Kern County Assessor- Recorder's Office upon approval of this Resolution. ps G;\GROUPDAT\ADMINRPT\2013\03-20\Res Estab CMD 4-112 4-113.docx A ♦ ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 TO: FROM: DATE: SUBJECT: AGENDA SECTION: Consent Calendar ITEAA: 4'_ n _ Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 6, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER �T � Approval of Troct Map and Improvement Agreement Final Map and Improvement Agreement with Summit Capital Ventures, Inc., a California corporation, herein referred to as the "OWNER" and John Balfanz Homes, Inc., a California corporation authorized to do business in California, herein referred to as the "DEVELOPER", for Tract 6364 Phase 4 located west of Allen Rood and north of Reina Road. (Ward 4) RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: This Agreement is entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and storm droin on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. dha March 6, 2013, 8:55AM G:\GROUPDAN1DMtNRPT�2013W3-20\T6364-4 Map and IM AGR.doc A � ° ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 TO: FROM: DATE: SUBJECT: AGENDA SECTION: Consent Calendar ITEM: Q' . D . Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD March 6, 2013 CITY ATTORNEY I"" CITY MANAGER � � G�-�' Approvai of Tract Map and Improvement Agreement Final Map and Improvement Agreement with Castle 8� Cooke California, Inc., a California corporation, for Tract 6448 Unit 6 located south of Stockdale Highway and west of Renfro Road. (Ward 4) RECOMMENDATION: Staff recommends approval of map and agreement. BACK�ROUND: This Agreement is entered into to secure the improvements required for the Subdivision Mop. Such improvements include, but are not limited to streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENT ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. .. March 6, 2013, 10:14AM G:\GROUPDATIADMINRP112013W3-20\T6448-6 Map and IM AGR.doc A � ,� ♦ � ° ADMINISTRATIVE REPORT MEETING DATE; March 20, 2013 AGENDA SECTION: Consent Calendar ITEM; Q n TO: FROM; DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney March 8, 2013 Amendment No. 9 to Agreement No. 92-154 APPROVED DEPARTMENT HEAD �� CITY ATTORNEY � CIN MANAGER -- City Manager's Contr ct RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: This contract amendment implements changes to the City Manager's contract in accordance with his annual evaluation which concluded on March 6, 2013. The amendment allows for a change to hls automobile allowance to make it the same as those of department heads. The request for the change, which is a lessor benefit than historically provided, originated from the City Manager as a part of an organizatlonal effort to reduce the number of take home vehicles. VG;Isc/vl S;\COUNCIL\Admins\ 12-13 Admfns\C(tyMgrAgrAmd9.docx BAK OF�covot�ee S � � ° ADMINISTRATIVE REPORT � �t.� LIFO MEETING DATE: March 20, 2013 I AGEN ITEM: TO: Honorable Mayor and City Council FROM DATE: Nelson Smith, Finance Director March 6, 2013 SECTION: Consent Calendar APPROVED DEPARTMENT HEAD /1��� CITY ATTORNEY �� CITY MANAGER ST SUBJECT: Amendment No. 5 to Agreement No. 10-063 with Pavement Recycling Systems, Incorporated; extending the contact term one year and adding $400,000 (for a total not to exceed amount of $1,342,000) to the Annual Contract for Coid Planing. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On May 19, 2010, Council approved the annual contract for Cold Planing to Pavement Recycling Systems, Inc., in the amount of $146,000; renewable annuaily thereafter for four (4) consecutive one-year periods. On May 4, 2011, Council approved Amendment No. 1 extending the term one year and adding $146,000 for a revised not to exceed amount of $292,000. On July 13, 2011, Council approved Amendment No. 2 adding $200,000 for a revised not to exceed amount of $492,000. On March 7, 2012, Council approved Amendment No. 3 extending the contract term one year, and adding $225,000 for a new not to exceed amount of $717,000. On September 11, 2012, Council approved Amendment No. 4 adding $225,000 for a new not to exceed amount of $942,000. MaY 2010 - May 2011 $146,000 first year of the contract May 2011 Amend #1 + $146,000 Julv 201 1 Amend #2 + $200,000 2011 -2012 $346,000 second year of the contract March 2012 Amend #3 + $225,000 Sept. 2012 Amend #4 + $225,000 2012-2013 $450,000 third year of the contract As you can see by the summary provided the street work has increased over the past two years and we expect the work in 2013-2014 to be similar to 2012-2013 levels. Currently there is $93,000 remaining on this contract. This action will allow the Streets Division to continue with the planned street resurfacing projects for the 2013-2014 contract term. If approved, Amendment No. 5 will extend the contract term for one year and add $400,000 for a revised not to exceed amount of $1,342,000. Funds are budgeted in the Gas Tax and Capital Outlay Funds for this street maintenance function. Purchasing Division/ch S:IPURCHWDMINWmendments 12-13WC Cold Planing Amendment #5 to Agmt 10-063 March 20, 2013.docx March 12, 2013, 12:43PM A , � � i � ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: Q ,r _ 1��� FROM: 7_�1; Honorable Moyor and City Council Nelson Smith, Finance Director March 6, 2013 � � �;. . DEPARTMENT HEAD ��S CITY ATTORNEY �� CITY MANAGER S � SUBJECT: Amendment No. 3 to Agreement No. 11-127 with Thyssenkrupp Elevator Corporation; extending the contract term one year and adding $50,000 (for a totol not to exceed amount of $160,000) to continue the supply of elevator maintenonce. (Ward 2) RECOMMENDATION: Staff recommends opproval of amendment. BACKGROUND: On August 19, 2011 the City entered into Agreement No. PW 11-123 for the Annual Contract to provide Elevator Maintenance with Thyssenkrupp Elevator Corporation, in the amount of $40,000; renewable annually thereaffer for four consecutive one-year periods. On October 19, 2011, Council approved Amendment # 1 adding $20,000 for a revised not to exceed amount of $60,000. On April 18, 2012, Council approved Amendment #2 extending the contract term for one year and adding $50,000 for a revised not to exceed amount of $110,000. If approved, Amendment No. 3 will add $50,000 for a revised not to exceed amount of $160,000, and extend the contract term one year. Funds are budgeted in the Public Works Deportment operating accounts within the General Fund. Approval of the amendment will allow the City to continue to m+eet the demands for elevator maintenance. Purchasing DivisioNch S:�PURCH�ADM1N�Amendments 12-13WC for Elevator Maintenance Amendment #3 Agmt. 11-127.docx March l2, 2012, 9:48 A.M. BA ��ytpVO4ra tS � � ° ADMINISTRATIVE REPORT �, 'w„m ua" IFO MEETING DATE: March 20, 2013 I AGENDA SECTION: Consent Calendar ITEM: $. S . TO: Honorable Mayor and City Council APPROVED FROM: DATE: Nelson Smith, Finance Director March 6, 2013 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER s � SUBJECT: Amendment No. 1 to Agreement No. 12-042 with Stinson Stationers, Incorporated; extending the contact term one year and adding $300,000 (for a total not to exceed amount of $560,000) to the Annual Contract for Office Supplies. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On March 7, 2012, Council approved the annual contract for office supplies to Stinson Stationers, Inc., in the amount of $260,000; renewable annually thereafter for four (4) consecutive one-year periods. If approved, Amendment No. 1 will extend the contract term one year, and add $300,000 for a revised not to exceed amount of $560,000. Funds are budgeted in the departmental operating acco�nts for office supplies in all funds (both general fund and other funds). Purchasing Division/ch S:�PURCHWDMINWmendments 12-13V1C for O�ce Supplies Amendment #1 to Agreement 12-042.docx March 6, 2013, 10:32AM BA Q���pVORAr�O S � � ° ADMINISTRATIVE REPORT ��Yw• 10 MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: S . -�-. TO: Honorable Mayor and City Council APPROVED FROM DATE: Nelson Smith, Finance Director March 6, 2013 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER s/ G�-Y SUBJECT: Amendment No. 1 to Agreement No. 12-061 with Bowman Asphalt, Incorporated; extending the contact term one year, and adding $1,000,000 (for a total not to exceed amount of $2,000,000) to the Annual Contract for Asphalt Rejuvenator/Sealant. (City Wide) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On May 9, 2012, Council approved the annual contract for providing asphalt rejuvenator/sealant to Bowman Asphalt, inc., in the amount of $1,000,000; renewable annually thereafter for four (4) consecutive one-year periods. Currently there is $300,000 available on this contract. Extending the contract expiration date, and increasing the contract $1,000,000 will allow the Streets Division to continue with the planned street maintenance program for the next twelve months. If approved, Amendment No. 1 will extend the contract term one year, and add $1,000,000 for a revised not to exceed amount of $2,000,000. Funds are budgeted in the Gas Tax and Capital Outlay Funds for this street maintenance function. Purchasing Division/ch S:\PURCHWDMINWmendments 12-13�AC for Asphalt Rejuenator-Sealant Amendment #1 to Agreement 12-061.docx March 6, 2013, 10:56AM F A 4 (� ' �CA � ° ADMINISTRATIVE REPORT c � *' � MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: g , u , TO FROM DATE Honorable Mayor and City Council Nelson K. Smith, Finance Director February 25, 2013 APPROVED DEPARTMENT HEAD /�/� CITY ATTORNEY �� CITY MANAGER S � SUBJECT: Amendment No. 1 to Agreement No. F12-004 with Kern Security Systems, Incorporated to extend agreement until June 2014 and increase the compensation by $65,000, for a revised not to exceed amount of $105,000 for the security guard services provided at 18th 8� Eye Street Parking Garage. RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: The City owns and operates a multi-story parking structure located at 18'h and Eye Streets. In April 2012 staff solicited proposals for security guard services at the facility and in May 2012 the Finance Department entered into a departmental agreement with Kern Security to provide security guard services for an amount not to exceed $40,000. The contract is nearing the end of its term and the City wishes to continue providing security guard services at the 18'h and Eye Street parking structure. Staff is requesting to extend the agreement to June 2014 and add additional compensation of $65,000; thus amending the total contract amount from the original $40,000 to $105,000. Approval of this contract amendment will allow the City to continue providing security guard services at this location through the end of the 2013-14 fiscal year. Finance Department / Accounts Receivable / Security Guard Contract S:\LORETTAIADMIN�2013\ F12-004, Amendment 1 to Agreement F12-004, Extension, Kern Security Systems Inc.doc LS:fjm March 11, 2013, 5:32PM BA �o "4 S' t� 'I� C� � � ADMINISTRATIVE REPORT �., ♦ �' LtF MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: Q v _ TO: FROM DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 5, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY � CITY MANAGER S SUBJECT: Amendment No. 1 to Agreements 12-088 and 12-089 with Pacific Gas and Electric Company, PG8�E, (respectively, $5,176.06 increase; revised not to exceed $165,404.00 and $6,659.00 decrease; revised not to exceed $30,937.00) for modifying loan documents based on final certification for lighting retrofit project at Rabobank Arena and Convention Center (Ward 2). RECOMMENDATION: Staff recommends approval of amendments. BACKGROUND: On June 6, 2012, City Council approved agreements 12-088 and 12-089 with PG8�E for special zero-interest loan documents to fund an energy efficiency lighting project at Raboabnk Arena and Convention Center. The project consisted, in general, of replacing older, inefficient lighting fixtures throughout the interior and exterior at the Rabobank complex with new, energy efficient fixtures. The loan repayment period is for 56 months. Repayment of the loan is structured so that it aligns with the monthiy energy savings. During this period, it is expected that our monthly electricity bills will be approximately the same (or less) than they currently are. After the 56 month period has passed and the loan has been re-paid, the City will realize the full savings of the more energy efficient facility in the form of lower electric bills. The terms of the loan are that at the completion of the project, City and PGS�E representatives complete a final certification of the work done. The certification was completed on January 11, 2013. These amendments revise the loan amounts to reflect the final quantities and calculated energy savings of the completed project. PG8�E rebates totaling $26,168.50 have been received and� applied as offsets to the cost of these projects. SP G:\GROUPDATWDMINRPT�2013\03-20Wdmin - Amend (1) to PGBE AGMTs 12-088 and 12-089.doc aA oF �a�., s � • � � � ADMINISTRATIVE REPORT � �,.,, +► LIFO MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: S�'_ u ) . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Pubiic Works Director March 6, 2013 AP VED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER � State Route 184 at Bedford Green Drive (Ward 3): 1. Contract Change Order No. 6 to Agreement No. 12-064 with Granite Construction Company ($30,870.08; revised not to exceed $901,289.89) for the Construction on SR 184 at Bedford Green Drive Project. 2. Amendment No. 1 to Cooperative Agreement No. 11-151 with the State of California Deparfment of Transportation (Construction costs funded by State: $10,900.00; revised not to exceed $953,900.00) to provide additional funding for Contract Change Order for the project. 3. Appropriate $10,900 State Share of Project Cost to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund. RECOMMENDATION: Staff recommends approval of contract change order, amendment, and appropriation. BACKGROUND: This project provides for the construction on State Route 184 at Bedford Green Drive. The project wo�ld lower high points on State Route 184 in order to provide for improved sight distance for future traffic on Bedford Green Drive. Per Cooperative Agreement No. 11-151, the State was to fund the project's construction costs which was originally estimated at $943,000. The City was to fund construction support costs. Contract Change Order No. 6 provides for additional erosion control to be placed adjacent to the roadway. This work is necessary in order to prevent future erosion of the areas disturbed during construction. The contractor has agreed to accept a lump sum of $30,870.08 for performing this work. This Change Order is funded entirely by the State. Although Change Order No. 6 is for $30,870.08, the Amendment to the Cooperative Agreement is $10,900. The reason for this variance is beca�se of project cost savings from the initial $943,000 estimate. Staff recommends appropriation of the $10,900 additional funding from the State. RM (Construction) March 6, 2013, 3:39PM G:IGROUPDATIADMINRPT�2013\03-20\CCO 6 and CO OP State Route 184 at Bedford Green.doc ADMINISTRATIVE REPORT The net cost increase of Contract Change Orders to date is $142,719.89 (which is 18.8% of the original contract amount) as illustrated below: • Original Contract Amount • Amended Contract Agreement after Change Orders Net increase to date � � $758,570.00 $901,289.89 $142, 719.89 Caltrans designed the scope of work for this project with City staff providing construction inspection services. Cumulative change orders are 18.8% of the original contract amount due to changes in the original scope of work requested by Caltrans. All scope of work changes were funded entirely by Caltrans. There is no General Fund impact associated with this amendment. RM (Construction) March 6, 2013, 3:39PM G:\GROUPDAIIADMINRPT�2013\03-20\CCO 6 and CO OP State Route 184 at Bedford Green.doc A �Y �, ♦ � ° ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: 4 _ Y _ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director March 12, 2013 APP VED DEPARTMENT HEAD Westside Parkway Phase 2(TRIP) (Wards 2, 4 and 5) CITY ATTORNEY v� CITY MANAGER S� 1. Contract Change Order Nos. 78 and 1 11 to Agreement No. 09-076 with Security Paving Company, Inc. ($3,297,169.90; revised not to exceed $93,166,519.39; change orders funded with Transportation Development Fees) for the construction of the Westside Parkway Phase 2 Project (TRIP) (Wards 2, 4 and 5). 2. Appropriate and transfer $3,200,000.00 Transportation Development Fund Balance to the Pubiic Works Capital Improvement budget within the TRIP Local Match fund for the above project. RECOMMENDATION: Staff recommends approval of Contract Change Orders and appropriation. BACKGROUND: When the Westside Parkway Phase 2 project was bid, the City was trying to utilize all available State funding to build the project as any unused funds would have to be given back to the State. This resulted in portions of the project construction bid and contract award being accomplished with less than final design work completed and as such, a higher amount of change orders than normally anticipated are expected as the construction progresses. However, because of the extraordinarily favorable bid climate at the time, the City was able to extend the project limits from Coffee Road all the way to Allen Road on top of keeping all the State funding intact. These series of actions have been in the best interest of compieting this Project, which is a critical component of the TRIP program. Phase 2 of the Westside Parkway Project includes the construction of a 6-lane freeway from Mohawk Street to Allen Road. Also included in the project is the construction of interchanges at Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta Avenue jno interchange at this location). Change Order No. 78 provides for the installation of additional 1,065 linear feet of 2" conduit and 5 pull-boxes for the sign and ramp illumination system in the vicinity of Brimhall Road. This change is due to a refinement of the design after PG8�E provided an actual "Point of Service". At the time of bidding the project, the plans indicated an approximate location for this point of service. It is not until PG8�E physically installs transformers and/or provides meters for the project to connect to the electrical grid system that the actual location is positively known. This change order results in an estimated increase of $12,086.90. Change Order No. 111 provides compensation to the contractor for settlement of all Notice of Potential Claims in this project and provides for a determination of the delay in the completion of the project by granting an additional 180 working days. This time represents all time due to the contractor for all changes and modifications to the original contract identified to date. With this Lt; Tdw G:\GROUPDATIADMINRPT\2013\03-20Wdmin Rpt CCO's WSP Phase 2.docx ,, ��'���'",. ,,, ; _ _ �' ��ii��,�,�,, ` `= v� ! ' ,'I,'„1, ADMINISTRATIVE REPORT change order, the contractor agrees that there will not be any further adjustments of time other than for new and unforeseen items of work or by inclement weather that prevents the contrdctor from working on the controlling critical path item of work. This change order also includes any and all compensation due to the contractor for all costs associated with re-sequencing of the work from that contemplated at the time of bid due to all changes issued by the City and for any and all costs associated with the increase of resources required by the contractor to complete the project by July 31, 2013. This change order results in a net increase of $ 3,285,083.00. Staff recommends approval of Contract Change Order Nos. 78 and 1 11. Change Orders to date, including these proposed Change Orders, total $16,594,074.32. This is a 21.6% increase over the original Agreement as illustrated below: • Original Contract Amount . Previous Change Orders . Current Change Order Nos. 78 and 111 . Amended Contract Agreement after Change Orders Net Increase to date _ $ 76,572,445.07 _ $ 13,296,904.42 _ $ 3,297,169.90 _ $ 93,166,519.39 _ $ 16,594,074.32 Additionally, much of the added cost for project change orders to date is due to Change Order No. 21 ($5.9 million) which is for the Kern County Water Agency (KCWA) Box Culvert - an item the City was always paying for, but which was originally to be constructed by the KCWA. Later, after the Westside Parkway Phase 2 project hdd bid, KCWA management requested that the City construct this box culvert as part of the freeway project instead of the KCWA. Also, Change Order No. 1 for $588,430 was for added work requested and paid for by the North Kern Water Storage District. There is no General Fund impact associated with these change orders. Lt; Tdw G:\GROUPDATWDMINRPT�2013\03-20Wdmin Rpt CCO's WSP Phase 2.docx A , � + i U p , ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: $. . TO: Honorable Mayor and City Council APP VED � FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ' DATE: March 5, 2013 CITY ATTORNEY �%' CITY MANAGER d R� SUBJECT: Accept base bid plus additive alternate no.l and approve contract with Griffith Company ($854,673.00) for Street Improvements on Masterson Street from SR 178 to Panorama Drive (Ward 3). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: This project will construct Masterson Street from State Route 178 to Panorama Drive. The project realigns Masterson Street to its ultimate location at State Route 178. The existing alignment of Masterson Street at the intersection of SR 178/SR 184 will be removed and permanently closed. This project is funded with assessment district bond proceeds. The Engineer's Estimate for this construction contract was $1,060,000. Sufficient funds are budgeted to award the contract. On February 28, 2013, a total of five bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Griffith Company 1128 Carrier Parkway Avenue Bakersfield, CA 93308 (County) Granite Construction Company 3005 James Rodd Bakersfield, CA 93308 (County) Bowman Asphalt, Inc. 3527 Brian Way Bakersfield, CA 93308 (County) C.A Rasmussen, Inc. 28548 Livingston Avenue Valencia, CA 91355 Raminha Construction, Inc. 6805 Sycamore Road Atascadero, CA 93422 in the amount of in the amount of in the amount of in the amount of in the amount of PW/Design Engineering/nsg/T9K129 3/12/2013 12:16 PM G:\GROUPDATWDMINRPT12013\03-20\Street Improvements on Masterson Street.docx $854,673.00 $862,043.00 $889,349.00 $984,756.70 E, •: :- �� � ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: DATE: SUBJECT: Nelson K. Smith, Finance Director March 5, 2013 Accept bid and exceed $124,250) (Wards 1, 6) DEPARTMENT HEAD lVS CITY ATTORNEY CITY MANAGER � approve contract to Precision Fertilizer Spreading (not to for the annual provision - Hauling and Spreading Biosolids. RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract. BACKGROUND: Invitations to bid were sent to all registered bidders for bio-solids management senrices for the Annual Contract for Houling and Spreading Biosolids for the Public Works Department Wastewater Division. The bid required suppliers to provide a price per ton for loading, hauling, weighing and spreading dried biosolids from Wostewater Treatment Plants No. 2 and 3 to field locations as directed by City staff. One bid, from the City's current contract holder, Precision Fertilizer Spreading was received in the amount of $17.75 per ton. Based on department workload estimates this equates to a total dollar estimate of $124,250. Precision Fertilizer Spreading has performed this specialized service for the City since 1997. Staff finds the bid to be acceptable and recommends approval of the contract to Precision Fertilizer Spreading. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Sufficient funds are available in the Sewer Enterprise Fund for this service. Purchasing Division/kb S:�PURCHWDMIMAdmin 12-13WC Hauling and Spreading Biosolids, 12-13�2, March 20, 2013.doc ���`\`'`1`11�� ' = )J��� = 1 li'lll/i � . , � . � � • � ' � °-;yt'�j�[� ' MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITE11A: �. �iq • TO: Honorable Mayor and City Council APPROVED l�.!� DATE: Nelson K Smith, Finance Director March 6, 2013 DEPARTMENT HEAD CITY ATTORNEY �d' CITY MANAGER � SUBJECT: Sale of Surplus Glock 22 pistols and Remington 870 Shotguns: 1. Award bid for purchase of thirty (30) Glock 22 pistols and ten (10) Glock 27 pistols to Proforce Law Enforcemenf, Prescott, Arizona in the amount of $17,769.75. 2. Appropriate $33,768 revenue from the sa(e of surplus of eighty two (82) Glock 22 1 Sf generation pistols and sixty three �63) Remington 870 shotguns to the Police Deportment operating budget within the General Fund. RECOMMENDATION: Staff recommends approval of the purchase and the appropriation. BACKGROUND: The Bakersfield Police Department has a surplus of �ighty two (82) out of service 1 St generation Glock pistols with associated magazines and sixty three (63) out of service Remington 870 shotguns. Competitive bids were solicited from Glock dealers for the purchase of thirty (30) Glock 22 Generation 3 pistols, ten (10) Glock 27 Generation 3 pistols and the trode-in �sale of surplus) of eighty two (82) l st generation Glock 22 pistols and sixty three (63) Remington 870 shotguns. Two (2) responses were received in response to solicitation. The bids were evaluated in consideration of the pricing of the purchase of new pistols and trade in value offered for the surplus pistols and shotguns. Proforce Law Enforcement submitted the proposal offering the best overall offer to the City and has guaranteed that these weapons are not for public resale. BIDDER ' Proforce Law Enforcement L.C. Action Police Supply Totcl hade-in (aale of surplus) $33,768.00 $30,495.00 Total Purchas� Prlce � \� j (30) Glock Z2 and = .��10� Glock 27�lstol:_; $17,769.75 $17,587.00 Balance r�molnin� for futur� purchases $15,998.85 $12,908.00 Staff recommends acceptance of the proposal from Proforce Law Enforcement and sale of surplus Glock pistols and Remington Shotguns. S:�PURCHWDMINWdmin09-10\Glock Trade-in and Purchase, January 27, 2010 March 13, 2013, 8:48AM AK O y va�, S � � ° ADMINISTRATIVE REPORT 'MwRr ��� 1 MEETING DATE: March 20, 2013 TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Nelson K. Smith, Finance Director February 26, 2013 AGENDA SECTION: Consent Calendar ITEM: Q' . In4, APPROVED DEPARTMENT HEAD /�� CITY ATTORNEY ��' CITY MANAGER ST Acceptance of Audit Reports for the 2011-12 Fiscal Year 1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2012. 2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2012. 3. Single Audit Report — Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2012. 4. Independent Auditors Report — Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2012. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2012. 6. Independent Auditors Report — Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center 8 Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2012. RECOMMENDATION BACKGROUND: Budget and Finance Committee Recommends Acceptance of the Reports. The above referenced audit reports were provided to the City Council at their January 9, 2013 meeting. The Council referred the reports to the Budget and Finance Committee for review and discussion. The Budget and Finance Committee met on February 25, 2013 and reviewed the audit reports with City staff and the independent outside audit firm of Brown Armstrong. As a result of that meeting the Budget and Finance Committee recommended the various reports be accepted by the City Council. S�. WtlminlAdmin Reports�2012 CAFR bud fln back lo council.docx February 28, 2013, 10�b6AM A � �o ,,, � � �� ADMINISTRATIVE REPORT �., • LIFO MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: Q rr _ TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 14, 2013 AP OVED DEPARTMENT HEAD CITY ATTORNEY �� CITY MANAGER S SUBJECT: Mid-Year Appropriations for Various Divisions within the Public Works Department: l. Appropriate $900,000 Sewer Enterprise Fund balance (Wastewater Treatment Plants No. 2 and No. 3) to the Public Works Department's Operating budget to fund additional electrical and repair 8� maintenance costs caused by co-gen failure at both Plants (Wards 1 and 6). 2. Appropriate $1 15,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Operating budget to fund replacement of catch basin lids due to theft (all wards). 3. Appropriate $35,000 Gas Tax Fund balance to the Public Works Department's Operating budget to fund replacement of copper wire for streetlights due to theft (ali wards). 4. Appropriate and transfer $50,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Operating budget within the Equipment Management Fund to retrofit two existing trailers for biosolids spreading to compiy with a General Order issued by the State Regional Water Quality Control Board (Wards 1 and 6). RECOMMENDATION: Staff recommends approval of appropriations and transfer. BACKGROUND: Several unforeseen items developed in the current fiscal year which require additional funding. Foilowing are justifications for each of the above appropriation requests: Subject 1-$900,OOQ Appropriation for Additional Electriccl and Repcir 8� Maintenance Costs: Because of complex cogeneration (cogen) equipment issues, current year projected electrical and maintenance costs for both Plants 2 and 3 will exceed adopted budget estimates. At Plant 2, the two cogen engines have been down for a large part of the year. Some of the downtime was necessary because of new regulations from the San Joaquin Valley Air Pollution Control District (2012 Title V Greenhouse Gas permits). A major overhaul of the larger of these two engines is currently underway. Engine parts must be shipped from overseas because of the uniqueness of this cogen equipment. These parts should be on-site within 60 days. The cogens will then be fully operational as soon as possible after the new parts gl G:\GROUPDAT\ADMINRPT�2013\03-20\Midyr Approp 12-13.doc F A �+ s � � � � d ADMINISTRATIVE REPORT ..,1�0 LIFO are installed. Estimated shortfall for Plant 2 is $400,000, including $200,000 in electrical costs and $200,000 in repair & maintenance costs. At Plant 3, the cogen issues are similar to Plant 2's with the added complexity of more systems that must operate optimally for high performance of the cogen system. Plant 3 repairs include digesters that must be cleaned and safety equipment that must be repaired in order to generate the gas needed for the cogen system. Plant 3 is also subject to the new 2012 Title V Greenhouse Gas regulations, which requires the City to modify other cogen system equipment such as the methane gas flare. Major repairs to the sludge heating system portion of the cogen system were recently completed. These major equipment repair items have prevented the cogen from generating electricity savings to its potential. The cogen is expected to be fully operational at the start of the next fiscal year. Estimated shortfall for Plant 3 is $500,000, including $400,000 in electrical costs and $100,000 in repair 8� maintenance costs. Staff recommends the appropriation of $900,000 Sewer Enterprise fund bolance to cover increased costs for both Plants. Subject 2-$115,000 Appropriation for Replacement of Catch Basin lids Due to Theff: Over the last several months, approximately 70 of the City's catch basin manhole lids have been stolen. For safety reasons, the manhole lids must be replaced as soon as possible. To deter future thefts, staff is researching options for a theft resistant lid. The Police Department has been made aware of this issue and is taking steps to deter this type of theft. Funds were not budgeted within the Street Division's storm maintenance budget to cover replacement of the stolen manhole lids. Staff recommends the appropriation of $1 15,000 of Sewer Enterprise fund balance to cover the cost of replacing the lids. Subject 3-$35,000 Appropriation for Replacement of Copper Wiring for Streetlights Due to Theft: Copper wire theft has become a significant problem. Street light wire and pump station wire are stolen on a continual basis due to the value of scrap or salvage copper. The cost to purchase new wire to replace the stolen wire is also at an all-time high. Staff is researching potential options to deter future thefts. The Police Department is actively investigating and pursuing these thefts and recently arrested an individual involved in stealing copper wire. Funds were not budgeted within the General Services' operating budget to cover replacement of the stolen copper wiring. Staff recommends the appropriation of $35,000 Gas Tax fund balance to cover the cost of the stolen wiring. Subject 4-$50,000 Appropriation and Transfer to Retrofit Two Existing Trailers for Biosolids Spreading: Biosolids (treated sludge) from Plant 3 are spread and applied to City-owned farmland. The State Water Resources Control Board both permits and monitors the City's spreading operations to ensure that biosolids are applied agronomically. Changes to current spreading operations for Plant 3 are required to fully comply with permit requirements. These changes for Plant 3 spreading operations will be phased in over two years. Staff requests gl G:\GROUPDAT\ADMINRPT\2013\03-20\Midyr Approp 12-13.doc „ ;�,�;-, ��`'Z� : � � � ; �e ,o�p,,,”. _ � • : u, - ; =,;��� �'���,�„�„"'o, $50,000 of funding in the current fiscal year to retrofit two existing trailers which are required for the City's spreading operations. The FY 13/14 proposed budget will also include requests for additional equipment needed for the spreading process. Staff recommends the appropriation of $50,000 Sewer Enterprise fund balance in the current fiscal year to cover the cost of retrofitting the two trailers. As additional information, spreading operations at Plant 2 fully comply with State permit requirements. There is no General Fund impact associated with any of the above appropriations and transfer. gl G:\GROUPDAT\ADMINRPT�2013\03-20\Midyr Approp 12-13.doc � r � ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Consent Calendar ITEM: , dd , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Chris Huot, Administrative Analyst III March 11, 2013 DEPARTMENT H Siemon Park Spiash Pad Project Funding (Ward 3): CITY ATTORNEY ;�3� �'1 • . 1) Appropriate and transfer $131,500 in Transient Occupancy Taxes Fund balance to the Parks Department Capital Improvement budget within the Capital Outlay Fund to fund the balance of the splash pad project at Siemon Park. 2) Appropriate $175,000 in Park Development Fund balance (Central Zone 2) to the Parks Department Capital Improvement budget within the Park Development Fund for the splash pad project at Siemon Park. 3) Appropriate $34,000 in Park Acquisition Fund balance (Central Zone 2) to the Parks Department Capital Improvement budget within the Park Development Fund for the splash pad project at Siemon Park. RECOMMENDATION: Staff recommends the appropriation and transfer of $340,500 from the various aforementioned funds to the Parks Department Capital Improvement budget within the Park Development Fund for the splash pad project at Siemon Park to fund the balance of the splash pad project at Siemon Park. BACKGROUND: At the November 14, 2012 City Council meeting, the Council approved the amenity replacement plan for the pool at Siemon park with a total estimated project cost of $550,000. To date, $209,500 has been appropriated to the project by the City Council in finro separate actions. The latest action approved during the February 13, 2013 meeting allowed staff to move forward with the purchase of the wet playground equipment, which typically takes up to 16 weeks to receive. Council actions to date leave a balance of $340,500 needed to fund the remainder of the project. The recommended appropriations and transfers would fulfill the outstanding funding obligation for this project. The Transient Occupancy Tax Fund (Hotel Tax), Park Development Fund and Park Acquisition Fund have available balances to cover the project balance amount. As conveyed in earlier communications to the Council, staff estimates the spray park can be operational by July 1, 2013, contingent upon approval of the remaining needed funding and no unanticipated delays. 3/11/13 S:\Chrls Huot\ProJects\Parks Community MeetingsWdmin Slemon ProJect Balance Funding 3.5.13.doc � A �� S � � �� U l7 c • 1 ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 AGENDA SECTION: Successor Agency ITEM: , TO: Honorable Mayor and City Council APP� FROM: DATE: SUBJECT: Nelson K. Smith, Finance Director March 7, 2013 DEPARTMENT HEAD CITY AITORNEY CITY MANAGER � Receive and file successor agency payments from February 21, 2013 to March 7, 2013 in the amount of $38,489.18 RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: S:\Kim G\ADMIN � SA\COUNCIL-ADMIN-SA-20131ADMIN�SA 03-20-13.doc � A , � � � � d r ADMINISTRATIVE REPORT MEETING DATE: March 20, 2013 TO FROM: DATE: Honorable Mayor and City Council AGENDA SECTION: REPORTS ITEM: I I. Ol . Douglas N. Mcisaac, Community Development Director March 14, 2013 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGERS SUBJECT: Exclusive Negotiation Agreement with Golden Empire Affordable Housing, Inc. II for the development of 56 units of affordable veterans and senior ho�sing units located at 424 20th Street. (Ward 2) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: As further explained below, staff is recommending approval of an Exclusive Negotiation Agreement (ENA) with Golden Empire Affordable Housing, Inc. II (GEAHI-II) in order to assist in attracting additional outside funding for the proposed 20fh Street Veterans 8� Senior Housing Project. The project proposes to construct 56 much-needed affordable rental units for homeless veterans and seniors on city-owned properfy at 424 20'" Street. In 2009, the former Bakersfield Redevelopment Agency received a$10.8 million Proposition 1C (Propl C) grant from the State of California to construct infrastructure in support of five specific affordable housing projects as part of the Mill Creek redevelopment project. One of the housing projects that the City is contractually-obligated to complete (as the Housing Successor Agency of the dissolved Bakersfield Redevelopment Agency) is the 20th Street Housing Project. If the City is unable to construct the project, the City may be at risk to repay approximately $3 million to the State Department of Housing and Community Development as required by the Prop1C grant agreement. In Spring 2012, staff began negotiations with GEAHI-II (which is the non-profit construction arm of the Housing Authority of the County of Kern) on the financial deal points of the project. Stoff finds that GEAHI-II's performance on other City-assisted specialized affordable housing projects, such as the Residences at West Columbus (housing for emancipated youth) and Haven Cottages (housing for very low-income persons), makes that organization an excellent candidate to successfully implement the 20'h Street Veterans and Senior Housing project. Additionally, GEAHI- II's status as a non-profit Community Housing Development Organization (CHDO) optimizes the funding options available for the project. However, prior to execution of a Disposition and Development Agreement (DDA) for the project, the State Department of Finance jDOF) denied $3 million of (former) Redevelopment funding S:\Dana\ADMINS\2013\MARCH\3-20-GEAHI ENA 20th Street.Doc 3/ 14/2013 3:03 PM DNM:rab ADMINISTRATIVE REPORT � Pa9e 2 that was specifically designated for the project as a contractual obligation of the Propl C grant agreement. The City has filed legal action against the DOF to reinstate this funding, which the City believes was improperly denied. The outcome of that legal action is currently pending. In the event that the City's effort to reinstate the $3 million of (former) Redevelopment funding is unsuccessful, staff has identified other resources to fill the financing gap. Specifically, the City is required by HUD to set aside 15 percent of annual HOME funding for CHDO projects. Likewise, a CHDO (acting as a Community Based Development Organization) is the only development entity that is permitted to utilize Community Development Block Grant (CDBG) funding for the construction of new affordable housing. Thus, staff has identified sufficient current year and future CDBG and HOME CHDO funding to fill the Redevelopment financing gap. Currently, GEAHI-II, in cooperation with the Housing Authority, is continuing to pursue other resources in order to improve the chances of receiving Low Income Housing Tax Credits as a key component to project financing. One such funding source currently being pursued is the award of $550,000 in Assisted Housing Program (AHP) funding from the Federal Home Loan Bank. Eligibility for this funding, like many similar funding programs, requires that the grantee have site control. Under the contemplated DDA, part of the City's contribution to the project would be to deed the site to GEAHI-II. Since this has not yet been done, GEAHI-II does not currently have the required site control. In order to remedy this, it has been determined that execution of an ENA between the City and GEAHI-II would minimally meet the AHP funding requirement for site control. As proposed, the ENA would be for a period of 180 days with an option for a 90-day extension. During this period, the City would be required to negotiate the terms of a DDA �xclusively with GEAHI-II, which is already the City's intent. The ENA, however, does not obligate the City to enter into a DDA if satisfactory terms cannot be negotiated. In the event that the project Redevelopment funding is not reinstated, staff anticipates that the City will have sufficient CDBG and HOME CHDO funding to fill the financing gap prior to expiration of the ENA, and move forward with the project to avoid the potential repayment of approximately $3 million to the State of California. The task of completing the City's obligation to construct the five housing projects related to the City's Mill Creek Prop 1 C grant continues to be a priority, albeit a challenging one due to the State's dissolution of redevelopment and the subsequent attempts by the Department of Finance to withhold committed funding. The Prop 1 C grant that the City received in exchange for the commitment of housing has allowed such projects as the Mill Creek Linear Park, the Q Street improvements, and the Sister City Garden Parks to be constructed, thereby helping to spur the revitalization of the westerly portion of downtown. The housing projects themselves are also helping to bring new investment and improvements to the area. Of the five Mill Creek housing projects, the 20'h Street project is particularly unique in that it will provide housing for military veterans who are homeless or at risk of becoming homeless. The Housing Authority was successful in obtaining project-based veterans housing vouchers for the 20'h Street project that will ensure that the housing units will be fully occupied by veterans most in need of affordable housing. S:\Dana\ADMINS\2013\MARCH\3-20-GEAHI ENA 20th Sireet.doc 3/14/2013 1:44 PM DNM:rab ADMINISTRATIVE REPORT Page 3 The $550,000 in Federal Home Loan Bank assistance that Golden Empire Housing is pursuing will make the project more financially viable and enhance its standing to receive needed tax credit financing. The proposed ENA is needed to allow Golden Empire to be qualified for this financing. S:\Dana\ADMINS\2013\MARCH\3-20-GEAHI ENA 20th Street.doc 3/14/2013 1:44 PM DNM:rab �t � A��, U � ADMINISTRATIVE REPORT Y�� Q MEETING DATE: March 20, 2013 AGENDA SECTION: New Business ITEM: � �: Cl. TO: FROM: DATE Honorable Mayor and City Council Alan Tandy, City Manager March 12, 2013 SUBJECT: Facilities Management Management Services Bright House Networks Sporfs Center Agreement with AEG for Rabobank Arena, Amphitheater; and Son DEPARTMENT HEAI CITY ATTORNE' CITY MANAGE Management Ba Theater and Convention Center; Joaquin Community Hospital Ice RECOMMENDATION: Staff recommends approval of the contract with AEG for the management of the above referenced City facilities for a ten-year period with an option to renew for five additional years. BACKGROUND: The Convention Center opened in 1962. It operated as a City-staffed facility until the opening of the Rabobank Arena (then Centennial Garden) in 1998. At that time, the City issued a Request for Proposals (RFP) to acquire a private-sector firm to manage both the Arena and Convention Center. Ogden Entertainment was selected. After several years, they were purchased by SMG, who has operated the facilities since then. Later, when the San Joaquin Community Hospital Ice Sports Center and Bright House Networks Amphitheater were constructed, those facilities were added to the management 4greement through amendments. The privatization of the operation of the facilities has been a success and, the City has generally been pleased with the services of both Ogden and SMG. The operating deficit of the Convention Center, as staffed by the City in its last year, was $850,000. The operating deficit of the combined facilities that began as two, then three, and then four, has ranged from $713,621 to $189,187, all better than the time when they were run by the City, despite the addition of venues. The contract with SMG expires June 30, 2013, so staff has been going through the RFP process again to select the best firm and proposal available. Staff wishes to thank SMG for the relationship and performance over the years. After careful review, however, staff is recommending a contract with AEG for the following primary reasons: • AEG's proposal guarantees that the City's annual loss will never exceed $415,718, which was a highly significant factor in the evaluation process. AEG's commitment indicates AT:aI Page 1 S:\Admin Rpts\2013\Facilities Mgmt Agreement 03.20.13.docx BAK oF o�, � � �r U d C 'WW r � FO ADMINISTRATIVE REPORT that they are extremely confident in their ability to book additional events and generate revenue, and thereby improve the financial performance for the facilities, which has resulted in an annual net loss of greater than $415,718 for each of the last four consecutive years, and in eight of the past fourteen years. If such a guarantee had been in place during the last fourteen years, the City would have saved over $1,068,338. AEG's willingness to cap the City's annual losses and, thereby, assume a position of financial risk, is strongly indicative of their ability to perform. • The fee guarantee will result in greater ability for the City to budget and plan expenses for the facilities. AEG is based in Los Angeles; the close proximity of their corporate headquarfers to Bakersfield will allow for more frequent contact with their top-level management. They have pledged that they will be closely involved with local management and will contractually commit to quarterly meetings with the City for consultation and performance assessment. AEG is the only management company that directly owns or controls concert and sport event programming. Their subsidiary company, AEG Live, is the second largest booking firm in the world and has strong relationships and influence with performers, managers and agents that will provide a distinct advantage in securing events for the Bakersfield facilities. • AEG has committed to retaining the existing staff of the current management company. They are well experienced in the transitional process and have assured us they will work with the City and the employees to ensure a smooth change in management on all levels, including the employment, operational and financial aspects of the change. • AEG's fee proposal also includes a$950,000 financial commitment, comprised of the following components, which will also be included as specific contractual provisions: o An event development fund: $250,000 o Real estate consulting services: $200,000 o A capital contribution: $500,000 The $250,000 event development fund can be used to underwrite "big name" performances that may not otherwise consider our facilities. The commitment to provide $200,000 in real estate consulting with AEG's team of experts will be a major factor in finally completing the mixed-use development for the South Mill Creek area. AEG has demonstrated major success with the development of the L.A. Live complex adjacent to Staples Center, as well as other commercial developments throughout the world. They have established partnerships with several well-known AT:aI Page 2 S:\Admin Rpts\2013\Facilities Mgmt Agreement 03.20.13.docx A p� oi� S � � I U d rt FO ADMINISTRATIVE REPORT restaurant entities, which wili greatly assist in our efforts to secure the restaurants needed for the Mill Creek and Maya Cinemas areas. AEG will provide an additional source of revenue with their national and worfd-wide marketing relationships, which will be advantageous in securing new sponsorships, further increasing positive exposure of the facilities and the community. The $500,000 capital contribution will be immediately available and can be used at the City's discretion. We wouid like to utilize a portion of the funding to make improvements at Bright House Networks Amphitheatre, adding more restrooms and making some modifications to the existing bench seating to make it more comfortable. The oddition of those improvements will make the amphitheatre a more attractive venue for artists and the public, allowing us to more fully utilize the outdoor season to book more events there. Other improvements are also under consideration, such as curtdining for the Rabobank Theater to block off the top tier of seating. A curtaining system would create a seating capacity similar to the size of the Fox Theatre, which would allow us to be more competitive in booking performers and events that currently will not consider the Rabobank Theater, because they require a smaller indoor venue. • The City previously worked with AEG in 2010 and 2012 when Bakersfield was a host city for the Amgen Tour of California, and they have promised to work with the City to maximize the presence of Bakersfield in future stage planning for the professional bicycling event. • AEG manages or owns four other faci►ities in California, which do not create any geographical conflicts of interest, but will provide opportunities for inclusive bookings. • AEG has also stated that they have no interest in managing the civic facilities in Fresno and will contractually promise not to participate in any proposal processes for those facilities while under contract with the City of Bakersfield. • Their proposal included a commitment to bring a Los Angeles Kings preseason game to Bakersfield every year, and for the Galaxy professional soccer team to stage community clinics at the Sports Village complex. • AEG has demonstrated a high level of professionalism and positive enthusiasm, not only for the City's civic facilities, but also for Bakersfield, in general. They will be a responsible and involved community partner. • SMG has managed the City's civic facilities for fourteen years. They have done a good job and are to be commended and thanked for their service. They also submitted a very solid proposal that included a low management fee and a$1,000,000 capital contribution for capital facilities and event development, However, AEG's loss guarantee, along with their increasing industry stature in booking events, ultimately out- weighed SMG's proposal. AT:aI Page 3 S:\Admin Rpts\2013\Facilities Mgmt Agreement 03.20.13.docx A p� o�� e S � # t�'' � d Y� � ADMINISTRATIVE REPORT Although SMG's management fee is, at first glance, lower than AEG's, staff has done an evaluation of the total existing and potentiai costs to the City to operate under each firm. (See attached). The financial guarantees offered by AEG result in an improved financial outiook for the City under most hypothetical scenarios, as well as for each of the last four years and eight of the fourteen under SMG. Staff has no objection to paying a higher fee to the management company that is performance based, as long as the City's finances improve. The Facilities Management Agreement contains mutual indemnities, that is, both AEG and the City will agree to indemnify the other for their respective negligence, unlawful acts, and breach of the agreement. Additionally, the City will agree to indemnify AEG for any non-compliance with existing laws prior to July 1, 2013, any structural defect or unsound operating conditions related to the Facilities and surrounding premises, non-compliance with pre-existing agreements for concessions, etc., and any legal claims occurring prior to July 1, 2013. In summary, staff believes the combination of sponsorship opportunities, a concert promotion arm, and history of developing land in areas surrounding venues of the type the City owns, are the true upside potential of AEG. AT:aI Page 4 S:\Admin Rpts\2013\Facilities Mgmt Agreement 03.20.13.docx BAKERSFIEID CITY COUNCIL MINUTES MEETING OF MARCH 6, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. 'r� 3. ROLL CALL Present: Vice-Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson Absent: Mayor Hall PUBLIC STATEMENTS None. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 (d) (1) regarding Caitlyn Lamond, et al. v. City, et al, KCSC Case No. S-1500-CV-275123 SPC. b. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b) (1)/54957.6. Motion by Councilmember Hanson to adjovrn fo Closed Session at 3:34 p.m. Motion by Councilmember Maxwell fo adjourn from Closed Session af 5:15 p.m. 4. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 (d) (1) regarding Caitlyn Lamond, et al. v. City, et al, KCSC Case No. S-1500-CV-275123 SPC. b. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1)/54957.6. ACTION TAKEN APPROVED APPROVED NO REPORTABLE ACTION EVALUATION WAS FAVORABLE Bakersfield, California, March 6, 2013 — Page 2 4. CLOSED SESSION ACTION continued Item 4.b. continued Vice-Mayor Weir announced lt was a good evaluation and requested thof the Cify Aitorney amend the contract to make the avtomobile longuage consistenf wlth fhat of Management and Departmenf Heads. 5. ADJOURNMENT Vice-Moyor Weir adjourned the meeting at 5:17 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 - 5:18 p.m. 1. ROII CALL Present: Mayor Hall, Vice-Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson Absent: None. 2. INVOCATION by Pastor, Dr. V.K. Jones of The People's Missionary Baptist Church. 3. PLEDGE OF ALLEGIANCE by William Connolly, 3�d grade student at Christa McAuliffe Elementary School. Mayor Hall acknowledged the students from the Bakersfield College political science class and the Ridgeview High School government class in attendance at the meeting to learn about City government. ACTION TAKEN Bakersfield, California, March 6, 2013 — Page 3 4. PRESENTATIONS a. Presentation by Mayor Hall of a retirement plaque and gift certificate to Aaron Moore. Mr. Moore accepted the plaque and gift certificate, and made comments. 5. PUBLIC STATEMENTS a. Jeff Hayward, Director of Catering at the Bakersfield Marriott and the 2013 Chair of the Downtown Business Association, provided an update on the activities of the Downtown Business Association; invited the Council to attend the next DBA Steering Committee Meeting at 9:00 a.m. on Wednesday, March 13'", at the University of LaVerne; and submitted written material. b. Louis Medina, with United Way of Kern County, and Homelessness Project Manager for the Kern County Homeless Collaborative, provided an update on the Homeless Census and the Homeless Collaborative; and submitted written material. c. Jim Wheeler, newly-elected Chair of the Kern County Homeless Collaborative, spoke regarding progress being made with the homeless encampments in the Oildale and river areas, as well as the homeless in downtown. d. Ray Scott, Keep Bakersfield Beautiful Board Member, provided an update on the Great American Cleanup and Green Expo; and submitted written material. e. Robert Braley spoke regarding the Centennial Corridor Project and asked the City Council to put local jobs, local roads, and the people of Bakersfield first and not the freeway. Nora Weber spoke regarding a marijuana dispensary at 18'" and V streets, and requested a traffic signal be placed at that intersection, as well as a no U-turn sign; and pointed out that a school bus stops and drops children off at the corner of the alley between 18t" and 17t" streets, and she is concerned about their safety due to the traffic volume and speeding from Q Street to Union Avenue. ACTION TAKEN Bakersfield, California, March 6, 2013 - Page 4 5. PUBLIC STATEMENTS continued Councilmember Maxwell asked the City Afforney to see if there is something that we can do to let the people af thaf dispensary know fhat we would like them to comply wlth the laws and to operate c business fhaf we can be proud of. Councilmember Maxwell stated, regcrding Mr. Braley's comments cbout the Centennicl Corridor Project, that he has represented his constituents to the City Council, to Air Alert, and to the City, ond encouraged the people of the Westpark neighborhood who wcnt to fight this project to stand together, and they mcy prevail. g, Tim Palmquist spoke regarding a sign at the Planned Parenthood facility on 16'h Street that has been placed in a public right of way in an area that is several feet from the right of way line, and asked the City Council to consider whether they can do something about seeing that these signs are moved out of the public right of way and to notify Planned Parenthood that it is unlawful for them to intimidate people who are exercising their First Amendment rights; and he again asked the City Council to consider adopting a Human Life Ordinance. h. Marvin Dean spoke regarding Consent Calendar items 8.e., f., g., j., I., m., n., q., and o.; and submitted written material. Brandy Midkiff, Systems Change Advocate with the Independent Living Center of Kern County, spoke regarding ensuring that people with disabilities are able to safely access all bus stops within the City limits of Bakersfield, and asked that steps be taken to continue the process of painting approximately 300 remaining bus stop curbs to allow for no parking zones. Councilmember Johnson asked staff to report back wPth an updafe on where we're af on this, whether it is still )n commiffee, and lf need be, based upon fhat report, then he follow up with City staff afferwards. ACTION TAKEN Bakersfield, California, March 6, 2013 - Page 5 5. PUBLIC STATEMENTS continued j. Cadet Senior Airman Wardlow and Monty Morgan spoke in support of Ms. Midkiff's comments regarding bus stops. William Chipp asked for a Good Samaritan declaration in order for our City leaders to recognize the special people in Bakersfield. Shirley Park, from the Head Start Center, thanked Mayor Hall and Councilmember Johnson for reading to the children at the Center during the "Read Across America" Campaign; and she presented them with posters and cards made by the children. m. Phil Ganong spoke regarding qualified patient associations, advised he would like to start a liaison with the City Attorney and the City Council to try to propose an ordinance that balances the community concerns about marijuana dispensaries, and would encourage an invitation to participate on any committee that might engage in ordinance drafting. 6. WORKSHOPS None. 7. APPOINTMENTS a. One appointment to the Keep Bakersfield Beautiful Committee, due to the resignation of Alternate Member Sheryl Graab (Ward 7), whose term expires November, 2014. City Clerk Gafford announced that three applications were received for this position. ACTION TAKEN Moflon by Councilmember Johnson fo appoint APPROVED Chrlsf)an Parller as fhe Ward 7 Alfernate member, on fhe Keep Bakersfield Beautiful Commltfee, which term will expire in November, 2014. Bakersfield, California, March 6, 2013 — Page 6 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 13, 2013 Regular City Council Meetings. Payments: b. Receive and file department payments from February 1, 2013 to February 20, 2013 in the amount of $9,010,549.65 and self-insurance payments from February 1, 2013 to February 20, 2013 in the amount of $187,581.99 totaling $9,198,131.64. Ordinances: ACTION TAKEN c. Adoption Ordinance adopting a Negative ORD 4719 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) on 14.14 acres located along the south side of Taft Highway, approximately'/< mile west of Stine Road (ZC # 12-0355, Marino/Associates, representing Kerfoot Family Trust, the property owners). (FR 02/13/13) Resolutions: d. Resolution confirming approval by the City RES 024-13 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. e. Resolution supporting litigation against RES 025-13 California High Speed Rail Authority for its non-compliance with Proposition 1 A and recommending transfer of $5,000 council contingency to the City Attorney's Operating budget within the General Fund for financial support for that litigation. 8. Bakersfield, California, March 6, 2013 — Page 7 CONSENT CALENDAR continued Resolution approving the Memorandum of Understanding, setting salaries and related benefits for employees represented by the Bakersfield Police Officers Association. g. Resolutions of Intention adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1738 to add Area 4-1 12 (101 S. Union Avenue) 2. ROI No. 1739 to add Area 4-1 13 (501 & 503 E. 215t Street) Agreements: h. Agreement with Central Valley Occupational Medical Group, Inc. (not to exceed $100,000 annually) for City physician services. Agreement with York Risk Services, Inc. (not to exceed $460,000), for adjusting liability claims filed against the City. j. Agreement with Duane Morris (not to exceed $350,000) for legal services in connection with legal action against the State Department of Finance to recover the redevelopment financing disallowed by the State of California that was designated for City redevelopment projects. Westside Parkway Phase 6C Project: (TRIP) 1. Reimbursement Agreement with Southern California Gas Company ($80,000) for cost of a 30 inch casing to be installed within the Renfro Road Bridge for the project. 2. Appropriate $80,000 Other Agency Share Funds from Southern California Gas Company to the Public Works Capital Improvement Budget within the Capital Outlay Utility Roads Fund for work on the project. ACTION TAKEN RES 026-13 ROI 1738 ROI 1739 AGR 13-021 AGR 13-022 AGR 13-023 ABS JOHNSON AGR 13-024 Bakersfield, California, March 6, 2013 — Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Amendment No. 2 to Ground Lease Agreement No. 92-255 (1) with Gina Shields assigning Hangar Space A1 to Bobby Baker. m. Amendment No. 4 to Agreement No. 09-058 with Nolte Associates, Inc. ($847,331.70; revised not to exceed $9,048,979.83) for construction management services for the Westside Parkway Phase 2 Project. (TRIP) n. Amendment No. 2 to Agreement No. 09-028 with Nolte Associates, Inc. ($477,948.09; revised not to exceed $7,386,494.03), for construction management services for the Westside Parkway Phase 4 Project. (TRIP) o. Amendment No. 1 to Agreement No. 12-118 with Habitat for Humanity, Golden Empire ($10,000) for the sale of City-owned property located at 1918 Filson Street for resale as an affordable single-family home. p. Contract Change Order No. 4 to Agreement No. 12-099 with Security Paving Company ($11,034.93; revised not to exceed $1,170,469.62) for Pavement Rehabilitation 2012 Phase 2 Project: Panama Lane from SR 99 to South H Street. q. Contract Change Order Nos. 10 and 36 to Agreement No. 10-168 with Security Paving Company, Inc. ($1,236,747.17; revised not to exceed $23,992,259.88; change order funded with traffic impact fees), for the construction of the Westside Parkway Phase 4 Project. Contract Change Order No. 15 to Agreement No. 12-069 with S.C. Anderson, Inc. ($18,448; revised not to exceed $3,648,720.66), for State Farm Sports Village Phase 2 Project. Bids: s. Accept bid and from Golden State Peterbilt ($619,687.03) for two replacement front loading refuse trucks for the Public Works Department, Solid Waste Division. (deferred from fhe meeting of 2/13/13) AGR 92-255(2) REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION AGR 12-118(1) AGR 12-099 CC04 REMOVED FOR SEPARATE CONSIDERATION AGR 12-069 CC015 REMOVED FOR SEPARATE CONSIDERATION 8. Bakersfield, California, March 6, 2013 - Page 9 CONSENT CALENDAR continued Accept bid from EDX Information Systems ($70,560.88), for 70 Lenovo desktop computers for the Information Technology Division. u. Accept bid and approve annual contract with San Joaquin Fence & Supply (not to exceed $477,844.15) for installed fencing. v. Accept bid and approve contract with Flatiron Electric Group, Inc. ($108,880), for street light improvements in Tract 2548. � � Highway Safety Improvement Program Grant - Pedestrian Countdown Timers: 1. Accept bid and approve contract with Siemens, Inc. ($41,040), for construction of project. 2. Appropriate $43,200 Federal Congestion Management Air Quality grant and $4,800 Gas Tax Fund balance to the Public Works Department's Capital Improvement budget within respectively the SAFETEA-LU Fund and the Gas Tax Fund. Mesa Marin Sports Complex - Scoreboards: 1. Resolution determining that electronic scoreboards for the Complex cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof to purchase four electronic scoreboards from Daktronics, Inc., not to exceed $14,789. 2. Accept bid and award contract with City Neon Sign ($27,080) for the installation of the scoreboards. 3. Appropriate $25,500 Park Improvement Fund balance to the Recreation and Parks Department's Capital Improvement budget. ACTION TAKEN AGR 13-025 AGR 13-026 AGR 13-027 RES 027-13 AGR 13-028 Bakersfield, California, March 6, 2013 - Page 10 8. CONSENT CALENDAR continued Miscelloneous: y. Appropriate $1,600,000 Anthem Blue Cross medical premium surplus funds to the non- departmental budget within the General Fund to provide for additional deposits into the Retiree Medical Irrevocable Trust Fund. z. Transfer and Appropriate $100,000 Transportation Development Fund Balance to the Finance Department Operating Budget within the TRIP Local Match Fund to authorize payment of a TIFIA Loan Application Fee related to potential road financing. Successor Agency Business: aa. Receive and file successor agency payments from February 1, 2013 to February 20, 2013 in the amount of $253.72. Councilmember Johnson announced he would abstain, due to appearance of a conflict, on item 8.k. Councilmember Moxwell requested that items 8.m., 8.n., 8.q., and 8.s. be removed for separate consideration. ACTION TAKEN Motion by Vice-Moyor Welr to adopt Consent APPROVED Calendar ifems 8.a. through 8.aa., wlfh the removal of items 8.m., 8.n., 8.q., and 8.s. for separafe consideration. m. Amendment No. 4 to Agreement No. 09-058 AGR 09-058(4) with Nolte Associates, Inc. ($847,331.70; revised not to exceed $9,048,979.83) for construction management services for the Westside Parkway Phase 2 Project. (TRIP) Councilmember Maxwell made a motion to delay the confracf until we have more lnformatlon on Consent Cclendar items 8.m. and 8.n., and thaf we go ahead and approve Consent Calendar Ifem 8.q. Councllmember Moxwell adjusted hls mofion to approve Consenf Calendar items 8.m., 8.n., and 8.q., as recommended by sfaff. Motion by Councilmember Moxwell to adopt Consent APPROVED Calendar Item 8.m. 8. 9. 10. 11. 12. 13. Bakersfield, California, March 6, 2013 — Page 11 CONSENT CALENDAR continued n. Amendment No. 2 to Agreement No. 09-028 with Nolte Associates, Inc. ($477,948.09; revised not to exceed $7,386,494.03), for construction management services for the Westside Parkway Phase 4 Project. (TRIP) Motion by Councllmember Maxwell to adopf Consent Calendar Item 8.n. as recommended by sta�: q. Contract Change Order Nos. 10 and 36 to Agreement No. 10-168 with Security Paving Company, Inc. ($1,236,747.17; revised not to exceed $23,992,259.88; change order funded with traffic impact fees), for the construction of the Westside Parkway Phase 4 Project. Motion by Councilmember Maxwell to adopt Consent Calendcr Item 8.q. as recommended by staff. s. Accept bid and from Golden State Peterbilt ($619,687.03) for two replacement front loading refuse trucks for the Public Works Department, Solid Waste Division. (deferred from fhe meefTng of 2/13/13) Motion by Councilmember Maxwell to adopt Consent Calendar Item 8.s., and asked that stcff look �nto hov)ng enough frucks in reserve so cll the drivers can be utilized to provide servlce. CONSENT CALENDAR PUBLIC HEARINGS None. HEARINGS None. REPORTS None. DEFFERED BUSINESS None. NEW BUSINESS None. ACTION TAKEN AGR 09-028(2) APPROVED AGR 10-168 CCO10, CC036 APPROVED APPROVED Bakersfield, California, March 6, 2013 - Page 12 14. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson advised he had been contacted by a constituent regarding having the California Highway Patrol provide more litter enforcement on Highway 58, and he csked City Manager Tandy to address that issue. City Manager Tandy responded that the City is negotiating for revenue sources with Caltrans to improve litter pickup and with KernCOG, in collaboration with the Sheriff's Department and the California Highway Patrol, which will result in more physical cleanup as well as frequent enforcement activities; and he anticipates having the contracts come before Council in the next month. Counclimember Johnson asked staff to look into putting together recognifion for Bill of RJghts Day in Bakersfield on December 15rh, and he provided a sample resolufPon and a packet of informction, and suggested Jnvolving the Kern County Heritage Commisslon in thls effort. Councilmember Johnson thanked the Police Department for the resolution of the issue with the vacant property on Raymond A. Spruance Court. Councilmember Johnson osked that the issue of a report regarding additional Police Department staffing levels be puf on the agenda for the March 21sr Safe Nelghborhoods CommJttee meeting. Councilmember Hanson advised he was pleased about the resolution on tonight's Consent Calendar approving the salary issues with the BPOA. Councilmember Hanson advised he had a request fo reduce some walls fhat run clong the EI Portal arec on Gosford Avenue from Ming Avenue fo Stockdale Highway, due to deterforation; and he asked fhe Clfy Manager fo address the issue of reserving for fhis type of expense in the presenfatlons for the upcoming year. Councllmember Hanson asked the Cify Manager to address, in the budget process, the issue of the impacf of using ufilify fees, gas taxes and part of the traffic impact fees fo repoy the bonds to complefe the Thomas Roads Project, and how if would lmpacf our employees, our roads and ofher general servJces. ACTION TAKEN Bakersfield, California, March 6, 2013 - Page 13 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell thanked Community Services Director Mclsaac and Building Director Burns for taking a personal interest with a long-time business in their construction project. Councilmember Maxwell asked staff provide him wifh the sfctus of his request about changing fhe loading zone to the front instead of to fhe side at The Mark. Councllmember Mcxwell osked staff for a follow-up regarding his previous request obouf the slgnage at c business on Chester Avenue. Councilmember Maxwell fhanked Police Chief Willicroson and Public Works Director Rojas for putting meters in the Quailwood area and indicated that a long-term solution to that problem needs to be devised. Councilmember Maxwell asked Chief Williamson cnd City Manager Tandy to look lnto cn internef store on Oak Street in the Pivaville Mall where there mighf be some illegal activity and perhaps make the property owner aware of if. Councilmember Smith expressed his appreciation to staff and the Police Department regarding the Police contract. Councilmember Smith advised he would like staff to explore the possibility of doing a shorter term on the TIFIA loan. Councilmember Sullivan asked staff fo check info a problem vacant property In her area, and she provlded Information to the Cify Clerk. Councilmember Sullivan commented about the medicns on Stine Road south of Harris that have been completed with artiflcial turf, and indicated she would like to consider doing it in the future as a trend beccuse it looks good and would simplify the maintenance and safety issues. Bakersfield, California, March 6, 2013 - Page 14 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Svllivan advised she is happy with the progress being made fo take care of fhe litfer pickup; however, we need a betfer way to discourage liitering in the �rst place; and she wants to know why and when the litfer signs on the freeways were removed and wants fhe Cify to work toward putFing them back up agafn. Councllmember Sulllvan advised there was a recent gathering af the Llberty Bell ond a large cardboard box with trash was leff there for two weeks, and she would Ilke to know who is responslble for keeping that area clean; and she also mentioned thcf she would like fo see more trash cans around bus stops and at parades, and to come up with ideas to educate fhe public to be more carefvl nof fo litter. Mayor Hall recognized Councilmember Sullivan for her recent honor as Republican of the Year at the lincoln Day Dinner, and expressed his appreciation for her continuing effort and support of the litter issues. Mayor Hall announced that today he received signed contracts back from Caltrans which is going to allow us to activate litter and vegetation control on Highway 178 eastbound; two weeks ago he had approximately 50 volunteers that came out for the Saturday Mayor's Freeway Cleanup and collected 84 bags of litter at two locations; and he 1s excited cbout the new projects and putting people to work, but most importantly it is all about people having pride in their community. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 6:57 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield