HomeMy WebLinkAbout04/17/13_ CC_AGENDA _PACKET1
BAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF APRIL 17, 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. ROLL CALL
2. PUBLIC STATEMENTS
3. CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d)(2), (e) (1) (one matter).
4. CLOSED SESSION ACTION
5. ADJOURNMENT
REGULAR MEETING -5;15 p.m.
1. ROLL CALL
2. INVOCATION by Father Daniel Azer Sous, St, Demiana Coptic Orthodox Church,
3. PLEDGE OF ALLEGIANCE by Roberto Mendoza, 31d grade student at Our Lady of Guadalupe
School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Linda Jay and Cheri Romero,
representing the Bakersfield Association of Realtors, declaring April 2013, Fair Housing
Month.
b. Presentation by Mayor Hall of a Proclamation to Kathy Vochoska, Donate Life
Ambassador, declaring April 2013, DMV /Donate Life Month.
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
a. Two appointments to the Planning Commission, due to the expiration of term of
Dustin Dodgin (Ward 3) and Justin Batey (Ward 5), whose terms expire April 30,
2013.
Staff recommends Councll determinatlon.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 20, 2013 Regular City Council Meetings.
Payments:
b. Receive and file department payments from March 8, 2013, to April 4, 2013, in the
amount of $30,775,632.34 and self- Insurance payments from March 8, 2013, to April 4,
2013, in the amount of $415,950.61 totaling, $31,191,582.95.
Ordinances:
C. Road Funding Ordinance Revisions:
1. First Reading of Ordinance amending Chapter 3.04 of the Municipal Code
relating to the Special Gas Tax Improvement Fund.
2. First Reading of Ordinance Authorizing the City Council to establish a special
fund to be designated the "Roads Program Utility Franchise Fee and
Surcharge Fund" to maintain the additional franchise fees and utility
surcharges and the future utility surcharge fees. If any received, or to be
received by the City pursuant to certain electric and gas franchises and
further authorizing the City Council to designate such funds be used solely for
the City's Roads Program and amending and adding sections to Chapter 3.04
of Municipal Code in connection therewith.
(Ward 63) d. First Reading of Ordinance amending Municipal Code Sections 1. 12.060 and 1. 12.070
by adding Annexation No. 619 consisting of 45.27 acres located along the south side
of Taft Highway east of South H Street to Ward 7, and Annexation No. 624 consisting
of 17.32 acres located along the east and west side of Stine Road north of Taft
Highway to Wards 6 & 7.
Resolutions:
e. Resolution adopting a Policy regarding Complete Streets.
Wage Adjustments - Temporary Salaries, Recreation and Parks Department:
1. Amendment No. 17 to Resolution No. 44 -93 setting salaries and related
benefits for Temporary Unit.
g. New Job Specification and Change to Salary Schedule:
Amendment No. 6 to Resolution No. 140 -08 approving Memorandum of
Understanding for employees of the Blue and White Collar Units and adopting
salary schedule and related benefits for Police Latent Print Examiner,
2, New Job Specification: Police Latent Print Examiner - # 21300.
h. Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and the demolishment of dangerous buildings and
authorizing collection of the assessments by the Kern County Tax Collector,
City Council Meeting of 04/17/2013
S. CONSENT CALENDAR continued
(Ward 5) i. Resolution approving an application to the Kern County Local Agency Formation
Commission to annex uninhabited territory Into the City identified as Annexation
No, 517 located south of Panama Lane between Progress Road and Old River Road.
(Ward 2) J. Resolution authorizing the filing of an application with the Kern Council of
Governments for allocation of Transportation Development Act funds for Fiscal Year
2013 -14 ($247,037) for the maintenance of the Bakersfield Amtrak Station during said
fiscal year,
k. California Enterprise Development Authority Property Assessed Clean Energy
Program (PACE): (deferred from the meeting of 316113)
1, Resolution approving associate membership by the City in the CEDA Program
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 In the Kern County Property Assessed Clean Energy Program
(PACE) to finance distributed generation renewable energy sources and
energy and water 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
participation agreement with CEDA,
4, Participation Agreement in CEDA PACE Program,
Resolution proclaiming the City's unwavering support for The Bill of Rights and the
Annual Commemoration of National Bill of Rights Day,
(Ward 1,2,4,5,6,7) M. 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, 1741 adding Area 4 -114 (3838 San Dimas Street)
Z ROI No. 1742 adding Area 1 -93 (5000 Commerce Drive)
3. ROI No, 1743 adding Area 2 -53 (46921 White Lane)
4. ROI No, 1749 adding Area 1 -94 (10948 Snow Road)
5. ROI No, 1750 adding Area 3 -87 (5511 Woodmere Drive)
6. ROI No. 1751 adding Area 3 -88 (Hosking, SR99 South)
(Ward 2) n. Resolution of Intention No. 1740 ordering the vacation of the public utilities easement
located in a previously vacated alley in blocks 140 and 141, north of West Sumner
Street and east of Golden State Avenue,
Agreements:
o. Agreement with Public Agency Retirement Services (PARS) for administrative and
custodial services regarding the City's Retiree Medical Irrevocable Trust.
City Council Meeting of 04/17/2013
8. CONSENT CALENDAR continued
P. Operational Agreements required for Bakersfield Police Department to receive a
grant from California Emergency Management Agency for the Operational Children
Exposed to Domestic Violence Specialized Response Program:
1. The Alliance Against Family Violence and Sexual Assault ($105,987).
2. Child Protective Services - Kern County Department of Human Services (CPS).
q. Agreement with Re- Store, LLC ($92,600), for the upgrade and conversion of the City's
disaster recovery and back -up system.
(Ward 6) r. Agreement with Ashland, Inc. ($450,000), to provide dewatering polymer for
Wastewater Treatment Plant No. 3.
(Ward 7) S. Transportation Impact Fee Credit Agreement with D. R. Horton VEN, Inc. (not to
exceed $97,449.88), for construction of Improvements on Stine Road along the
frontage of Tentative Tract Map 6639.
(Ward 3) t. Maintenance Agreement with Bakersfield 100, LP, for Tract 6193 Phases 1 & 2 located
easterly of Kern Canyon Road and north of Chase Avenue.
(Ward 3) u. Final Map, Landscape Agreement and Maintenance Agreement with Estancia
Valley, LLC, for Tract 6361 Phase 2 located north of Snow Road and west of Verdugo
Road.
(Ward 4) V. Final Map and Improvement Agreement with Castle & Cooke California, Inc.,
for Tract 6448 Phase 12 located south of Stockdale Highway and west of Renfro
Road.
(Ward 4) W. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for
Tract 6250 Phase 19 located north of Stockdale Highway and west of Jewetta
Avenue.
(Ward 3) X. State Route 178 at Morning Drive Interchange Project: (TRIP)
1. Utility Agreement with Pacific Gas and Electric Company ($588,443;
$520,948.59 Federal (88.53 %) and $67,494.41 Local (11.47 %)) for the relocation
of electrical distribution facilities.
2. Utility Agreement with Pacific Gas and Electric Company ($161,314;
$142,811.28 Federal (88.53 %) and $18,502.72 Local (11.47 %)) for the relocation
of electrical distribution facilities.
3. Utility Agreement with AT &T ($323,055.21; $286,000.78 Federal (88.53 %) and
$37,054.43 Local (11.47 %)) for the relocation of telecommunication facilities.
(Ward 4) Y. Westside Parkway Phase 6C: (TRIP)
1. Consultant Agreement with Nolte and Associates, Inc. (not to exceed
$2,948,002.16), for construction management services for the project.
2. Appropriate and transfer $2 million Transportation Development Fund
revenues to the Public Works Capital Improvement budget within the TDF TRIP
Local Match Fund.
4 City Council Meeting of 04/17/2013
8. CONSENT CALENDAR continued
(Ward 1 -6) Z. Installation of data collection units on street light poles for Advanced Meter Program:
1. Amendment No. 1 to Agreement No. 12 -163 with Southern California Gas
Company (SCG) to obligate SCG to pay for electrical costs associated with
SCG's equipment and to indemnify and hold City harmless for certain defined
events relating to Installation of the data collection units.
2. Agreement with Pacific Gas and Electric Company for unmetered low
wattage equipment connected to customer -owned street light facilities
obligating City to pay for electrical costs associated with SCG's equipment
and to indemnify and hold PG &E harmless for certain defined events. (Note:
This agreement with PG &E is required to allow SCG to Install the data
collection units. However, through Amendment No. 1 to Agreement
No, 12 -163, SCG assumes the responsibilities of the PG &E agreement).
(Ward 6) aa.
Amendment No. 2 to Agreement No. 11 -048 with JCI Chemical, Inc. ($60,000;
revised not to exceed $181,023.55 and extending term one year), for the supply of
sodium hypochlorite for Wastewater Treatment Plant No. 3.
bb.
Amendment No. 2 to Agreement No. 11 -051 with Kern Turf Supply, Inc. ($175,000;
revised not to exceed $525,026.96 and extending term one year) for the supply of
Irrigation parts and supplies.
(Ward 1) cc.
Amendment No. 1 to Agreement No. 93 -102 with Larry Goff (extending term of lease)
for Hangar Space A -7 at the Municipal Airport.
(Ward 6) dd.
Amendment No. 1 to Agreement No. 12 -133 with Centrisys Corporation ($100,000;
revised not to exceed $200,000), for centrifuge dewatering system repairs at
Wastewater Treatment Plant No. 3.
(Ward 4) ee.
Relocation of five existing pipelines for the Westside Parkway Phase 6C Project: (TRIP)
1. Contract Change Order No. 1 to Agreement No. 12 -165 with Security Paving
Company, Inc. (Decrease of $940,000; revised not to exceed $29,042,222.42),
for the project.
2. Reimbursement Agreement with Matrix Oil Corporation ($550,000) to relocate
existing pipelines.
(Ward 3) ff.
Contract Change Order No. 7 to Agreement No. 11 -091 with Raminha Construction
($57,195.39; revised not to exceed $ 3,662,242.38) for the City Sanitary Landfill Final
Closure Project.
(Ward 63) gg.
Contract Change Order No. 4 to Agreement No. 11 -109 with Loop Electric Inc.
($20,211.17; revised not to exceed $311,695.14), for traffic signal and lighting system
at the intersectlon of Stine and Hosking roads.
(Ward 6) hh.
Contract Change Order Nos. 20 and 21 to Agreement No. 12 -069 with S.C. Anderson
Inc. ($95,963; revised not to exceed $3,751,407.66), for the State Farm Sports Village
Phase 2 Project.
Bids:
li. Accept bid from Municipal Maintenance Equipment, Inc. ($900,869.55), for
three replacement mechanical rear broom street sweepers for the Public Works
Department, Streets Division.
City Council Meeting of 04/17/2013
8. CONSENT CALENDAR continued
jj. Accept bid and approve contract with Gilliam and Sons, Inc. (not to exceed
$854,484), for the annual contract for earthmoving and hauling (Prevailing Wage
Rate).
kk. Accept bid and approve contract with Gilliam and Sons, Inc. (not to exceed
$818,938), for the annual contract for earthmoving and hauling (Non - Prevalling
Wage Rate).
(Ward 2) ll. Accept bid and approve contract with Graham Prewett, Inc. ($144,000), for roof
replacement at City Hall South.
(Ward 2) mm. Accept bid and approve contract with American, Inc. ($134,700), for cooling tower
replacement at City Hall South.
(Ward 1,2) nn. Accept bid and approve contract with Cen -Cal Construction (not to exceed
$309,164.60), for the construction of HUD funded curb and gutter.
(Ward 1,2) oo. Accept bid and approve contract with Granite Construction Company (not to
exceed $594,164.40), for the supply of HUD funded street materials.
(Ward 2) pp. Mill Creek Linear Park Sister City Gardens Phase B:
1. Accept bid and approve contract with Superior Construction ($799,500) for
the project.
2. Appropriate and transfer $340,000 Property Tax Administration Fee Refund
from the General Fund to the Recreation and Parks Department's Capital
Improvement budget within the Capital Outlay Fund for the project.
Miscellaneous:
(Ward 2) qq. Appropriate $28,385 program Income from the Downtown Project Area Housing
Fund to the Community Development Department's Operating budget within the
Downtown Project Area Housing Fund for payment of Housing Successor Agency
administrative expenses.
(Ward 4) rr. Appropriate $190,000 North of the River's Park Development Fees to the Recreation
and Parks Department's Capital Improvement budget within the Park Improvement
Fund for the Riverlakes Park Project.
(Ward 4) ss. Appropriate and transfer $150,000 In Property Tax Administration Fee Refund
revenues from the General Fund to the Recreation and Parks Department's Capital
Improvement budget within the Capital Outlay Fund for capital Improvements to the
Bright House Network Amphitheater.
tt. Appropriate and transfer $21,400 Fire Trust - Hazmat Penalty Funds to the Certified
Unified Program Agency (CUPA) Fund Operating budget for the purchase of
Hazardous Materials Team (Haz -mat) equipment Including NIDS Biological Monitor,
Haz -mat suits, a printer and Haz -mat supplies.
City Council Meeting of 04/17/2013
S. CONSENT CALENDAR continued
uu. Budget and Finance Committee Report regarding FY 13/14 Community
Development Block Grant (CDBG - $2,713,993), HOME Investment Partnership
(HOME - $954,293), and Emergency Shelter Grant (ESG - $236,500) Annual Action
Plan submittal (Total - $3,904,786). (Budget & Finance Committee recommends
acceptance of the report, and authorise the City Manager to execute all necessary
HUD documents required to submit the Annual Action Plan.)
vv. Acceptance of State Farm 2013 Good Neighbor Citizenship grant ($5,000) and
appropriate $5,000 contribution to the Police Department operating budget in the
General Fund to upgrade a dilapidated license plate reader In the BPD Auto Theft
Detail,
Successor Agency Business:
ww. Receive and file successor agency payments from March 8, 2013, to
April 4, 2013, in the amount of $2,807,780.68.
Staff recommends adoptlon of Consent Calendar Items 8a. through 8. ww,
9. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 3) a. Public Hearing on Resolution of Necessity to determine the public Interest and
necessity for acquisition of certain real property In northeast Bakersfield
(APN 435 - 010 -12) to develop and construct Morning Drive south of State Route 178 to
College Avenue (Code Civ. Proc. § 1240.010). (Staff recommends adoption of
Resolution.)
(Ward 3) b. Public Hearing on Resolution of Necessity to determine the public Interest and
necessity for acquisition of certain real property In northeast Bakersfield
(APNs 533 - 011 -07, 08 & 25) to develop and construct Morning Drive south of State
Route 178 to College Avenue (Code Civ. Proc. § 1240.010). (Stall recommends
adoption of Resolution.)
(Ward 4,5,6,7) C. Public Hearing to consider an adjustment to the Water Availability Fee for the City's
Domestic Water System:
1. Resolution setting Domestic Water Availability Fee for Ashe, Fairhaven and
Riverlakes Ranch service areas of the City's Water System. (Staff recommends
adoption of Resolution.)
10. HEARINGS
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
City Council Meeting of 04/17/2013
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
4/11/13 2:09pm
City Council Meeting of 04/17/2013
AGENDA HIGHLIGHTS
April 17, 2013 COUNCIL MEETING
REGULAR MEETING - 3:30 p.m.
NOTE: In accordance with the new starting time for City Council meetings that went Into effect as of
2013, a separate meeting will be called to order at 3:30 p.m., followed by Public Statements that will
encourage comments pertaining only to Closed Session matters. The Council will recess Into Closed
Session and, upon conclusion of the Closed Session, any Closed Session action will be announced and
the meeting will be adjourned. At 5:15, the Regular Meeting will be called to order to address the
remainder of the agenda Items.
Item 3a. There will be a conference with legal counsel regarding one matter of potential
litigation.
REGULAR MEETING - 5:15 p.m.
Item 8c. Road Funding Ordinance Revisions. As a component of the legal requirements
related to the future funding of the TRIP projects, this item requests approval of several
ordinance changes. The changes include amending the Gas Tax Ordinance to specifically
allow those funds to be used for State highway facilities, and the establishment of a special
fund to separate franchise fees collected since 2009 and current and future utility surcharge
revenues which are earmarked for the City's Road Program.
Item 8e. Compete Streets Policy. The Planning and Development Committee and staff are
recommending the adoption a "Complete Streets" policy, as defined in the proposed
resolution. The resolution is basically a compilation of existing codes and standards that are
currently used and would be applied to all road design projects going forward.
Item 81. Annexation Application for grQp rte y south of Panama Lane, between Progress Road
and Old River Road. Old River, LLC has requested annexation of property adjacent to a single
family residential area that they have been developing since 2005. The area also includes a
portion of a planned park. Improvement in the local economy has increased demand for
new housing; however, without annexation to the City, the developer will be unable to build
out their remaining 300± lots, nor will there be sufficient funding to construct or maintain the
City park site needed for the neighborhood. The developer has requested that this proposed
annexation be covered under the pre -2012 property tax exchange calculations of the master
tax split agreement between the City and County. If the County grants the request, the City
will not use the decision as part of the litigation related to the agreement.
Items 8xjy.,8ee. The TRIP items on this agenda continue to reflect the high level of
construction related activity taking place at the various projects:
Item 8x. SR 178 /Morning Drive Interchange: Approval is requested for three utility relocation
agreements which are routine in nature.
Westside Parkwav, P
Item 8y. Staff recommends approval of an agreement with Nolte and Associates, Inc.
($2,948,002.16) as the construction management firm to oversee the final phase of this project,
from Allen Road to the Stockdale Highway /Heath Road intersection. Construction
management firms have also been selected for the SR 178 /Morning Drive Interchange and the
SR -58 Gap Projects, pending Caltrans audits. Proposed agreements with the two respective
firms will be presented for Council approval at a future time.
Item See. Staff recommends approval of two actions related to the relocation of existing
pipelines on the project: a change order with Security Paving (a decrease of $940,000) and a
reimbursement agreement with Matrix Oil Corporation ($550,000). The relocation work was
originally included under the construction agreement with Security Paving; however, Matrix Oil
Corporation subsequently proposed to perform the work at a lower price. Security Paving has
not agreed to the change order; however, because the work needs to be done to prevent
delaying the project, staff requests Council approval of the change order. If there is justifiable
need for a revision, it will be submitted for Council approval at a later date.
1.1".
Item 8pp. Sister Cify Gardens Phase B. This project will complete the Mill Creek Sister City
Gardens project with the inclusion of the landscaping representing Amritsar, India and
Santiago De Quertaro, Mexico. When it was originally bid in October, 2012, no bids were
submitted. It was bid again in February, with two bids submitted; however only one was
acceptable and was higher than the Engineer's Estimate, because of the unique
requirements of the project. As the project was bid twice and needs to be completed, staff
recommends acceptance of the bid from a local firm, Superior Construction ($799,500.00).
CONSENT CALENDAR PUBLIC HEARINGS
Item 9c. Water Availability Fee Adjustment. The Water Board has recommended approval of
a proposed rate adjustment to the City water system availability fees. The 1.5% increase is the
equivalent of a one -time charge of $25 on a single family dwelling and is charged for new
development connecting to the City's water system. The fee adjustment is needed to offset
increased costs over the last year, and would go into effect on June 1, 2013.
Approved: '
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - April 17, 2013 Council Meeting
Page 2
ADMINISTRATIVE REPORT
MEETING DATE April 17, 2013 AGENDA SECTION: Closed Session
ITEM: 5.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: March 21, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel — Potential Litigation
Closed session pursuant to Government Code section 54956.9(d) (2),(e) (1) (one
matter).
VG:Isc
S: \COUNCIL \CI Sess\ Admins \12- 13 \4- 17- 13PotLit.docx
O� m Aa
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: April 3, 2013
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Linda Jay and Cheri Romero, representing
the Bakersfield Association of Realtors, declaring April 2013 Fair Housing Month in the City
of Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: April 17, 2013 AGENDA SECTION: Presentations
ITEM: 4. b
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: April 3, 2013 CITY ATTORNEY D�
CITY MANAGER ICs
SUBJECT: Presentation by Mayor Hall of a Proclamation to Kathy Vochoska, Donate Life Ambassador,
declaring April 2013 DMV /Donate Life Month.
RECOMMENDATION:
BACKGROUND:
krt
BA
Q� +}
ADMINISTRATIVE REPORT
IF
MEETING DATE: April 17, 2013 AGENDA SECTION: Appointments
ITEM: 17. pL.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
April 3, 2013
APPROVED
DEPARTMENT HEAD T
CITY ATTORNEY
CITY MANAGER
Two appointments to the Planning Commission due to the expiration of terms of
Dustin Dodgin (Ward 3) and Justin Batey (Ward 5), whose terms expire April 30, 2013.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND: There are two appointments to the Planning Commission due to the
expiration of terms of Dustin Dodgin (Ward 3) and Justin Batey (Ward 5), whose terms expire April
30, 2013.
Applications for appointment were received from the following:
Ward 3
• Dustin Dodgin
• Ray Chopra
• Jenifer Pitcher
Ward 5
• Justin Batey
• Ray Chopra
• Jenifer Pitcher
• John Simmons
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of
nomination. In accordance with this ordinance, the appointment shall be made by the
Councilmembers of Ward 3 and Ward 5.
The Planning Commission is an advisory body to the City Council. It is composed of seven (')
regular members, nominated by the Councilmember of the ward which corresponds with the
commission vacancy. Additionally, Planning Commission members must be residents of the City
throughout their four -year terms, but not of a specific ward of the nominating Councilmember.
Commission duties are to maintain and interpret the City's General Plan and recommend
methods of implementation; maintain the City's zoning ordinance and make recommendations
for improvement; review the City's Capital Improvement Plan for consistency with the General
Plan; review and approve subdivisions and parcel maps; and conduct hearings on all of the
above items and on any appeals of site plan review.
RG:al
April 9, 2013, 11:53AM
S: \Bds &Comm \PLANNING \2013 \Administrative Report - April 2013.docx
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8. a.,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
April 5, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER Jey
Approval of Minutes of the March 20, 2013 Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
13_T44,Cr116111"D
ndw
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: g , 10
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: April 4, 2013
APPROVED
DEPARTMENT HEAD "�
CITY ATTORNEY
CITY MANAGER_
SUBJECT: Receive and file department payments from March 8, 2013 to April 4,
2013 in the amount of $30,775,632.34, Self Insurance payments from
March 8, 2013 to April 4, 2013 in the amount of $415,950.61,
totaling $31,191,582.95
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
April 4, 2013, 3:22PM
S:\Kim G\ADMIN \COUNCIL- ADMIN- AP- 2013\ADMIN —AP 041713.doc
ADMINISTRATIVE REPORT
U p
1
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 2 , c ,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: March 27, 2013
SUBJECT: Road Funding Ordinance Revisions
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p�
CITY MANAGER �W
First Reading of Ordinance Amending Chapter 3.04 of the Bakersfield Municipal
Code relating to the Special Gas Tax Improvement Fund.
2. First Reading of Ordinance Authorizing the City Council of the City of Bakersfield,
California to establish a special fund to be designated the "Roads Program Utility
Franchise Fee and Surcharge Fund" to maintain the additional franchise fees
and utility surcharges and the future utility surcharge fees, if any, received or to
be received by the City pursuant to certain electric and gas franchises, further
authorizing the City Council to designate such funds be used solely for the City's
Roads Program and amending and adding sections to Chapter 3.04 of City of
Bakersfield Municipal Code in connection therewith.
RECOMMENDATION: Staff recommends First Reading of the proposed ordinance items.
BACKGROUND: In January 2013 staff gave a presentation regarding a draft financial plan to
accommodate the future funding needs of the Thomas Roads Improvement Program. The
plan outlined various revenue streams that would need to be pledged toward the repayment
of future debt obligations associated with various road projects. Those revenue streams
included Transportation Development Fees, State Gas Tax revenues and certain Utility
Franchise and Surcharge revenues.
One of the procedural steps discussed included the completion of a legal validation process
to certify that these revenue streams are legally enforceable and available for pledging
toward the repayment of any future debt obligations that may be authorized regarding the
funding of the Thomas Roads Improvement Program. The Ordinance actions before you this
evening are in preparation of performing that legal validation procedure.
The first item listed proposes amending a section of the Gas Tax Ordinance to specifically
allow those funds to be used on State highway facilities.
The second item listed is an Ordinance to establish a "special fund" that will legally separate
(i)the additional franchise fees and utility surcharge revenues approved in 2009 from the
historic franchise fees collected prior to the 2009 Council actions, and (ii) any future utility
surcharge fees earmarked by the City for the City's Roads Program.
ADMINISTRATIVE REPORT
When the Council originally approved the additional franchise fees and the surcharge
revenues related to the franchises granted to PG&E, there were directions given at the
meeting to earmark those "new" revenues and use them only for the City's Roads Program. In
order to legally pledge that specific revenue stream as a source of repayment of a debt
obligation we need to "formalize" the earmark of those funds into a special fund set apart
from General Fund revenues.
Staff is currently in negotiations with Southern California Gas Company to renew their franchise
agreement, which is due to expire in the next few months. We are anticipating the potential
action of creating a surcharge fee on this franchise in a manner consistent with what we did
when the PG&E franchise was renewed. The draft Ordinance is structured to incorporate
those potential surcharge revenues and designate them to also be deposited into the special
fund for the City's Roads Program.
"City's Roads Program" is defined in the draft Ordinance as follows:
"Any costs related to design, right -of -way, new construction, re-
construction, resurfacing, repair or maintenance work on any city
roadway, bike lane, bike path, or pedestrian path within the City right of
way. Additionally, any costs related to design, right -of -way, construction
or any other improvements related to any bridge, road widening or
freeway facility in the greater Bakersfield area which is a component or
project segment of the Thomas Roads Improvement Program."
Staff will move forward with the legal validation process on the three revenue streams after the
proposed Ordinance items have completed their required adoption procedures.
nks
S1adminladmin reportMAdmin - ordinance items for road funding actions April 2013.docx
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: I , d
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD�
DATE: March 4, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections
1.12.060 and 1.12.070 by adding Annexation No. 619 consisting of 45.27 acres
located along the south side of Taft Highway east of South H Street to Ward 7,
and Annexation No. 624 consisting of 17.32 acres located along the east and
west side of Stine Road north of Taft Highway to Wards 6 & 7. (Wards 6 & 7)
RECOMMENDATION:
Staff recommends first reading of ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexation Nos. 619 and 624 into their
corresponding Council wards. These annexations were recently approved by LAFCo.
Annexation No. 619 is located along the south side of Taft Highway east of South H Street. This
annexation is inhabited and encompasses 45.59 acres. The property owners of West Hills
Mobile Home Park and Southland Mobile Home Park submitted written request for annexation
of their property into the city. The area is completely developed and includes two mobile
home parks, an RV park, mini - storage facility, and mobile homes sales. This area will be added
to Ward 7.
Annexation No. 624 is located along the east and west side of Stine Road north of Taft
Highway. The annexation consists of nine parcels on 17.32 acres. These parcels were
surrounded by city limits on three sides. Property owners Leroy & Rose Grider and Panama
Elementary School submitted written requests for annexation into the city. The other six
properties were added to the annexation at the direction of LAFCO to prevent the creation of
a small county island. The area east of Stine Road will be added to Ward 7, and the area west
of Stine Road will be added to Ward 6 as Stine Road currently forms the boundary between
Wards 6 and 7 in that area.
DI \S:\ Annexation \Ordinances \2012_13 \Admin Draft 4_17 619 & 624.doc
MEETING DATE: April 17, 2013 AGENDA SECTION Consent Calendar
ITEM: T. e.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 17, 2013
PROVED
DEPARTMENT HEAD ,�
CITY ATTORNEY k4 L
CITY MANAGER
A Resolution of the Council of the City of Bakersfield Adopting a Policy Regarding
"Complete Streets" (All Wards)
RECOMMENDATION: Planning and Development Committee and staff recommends adopting the
"Complete Streets" Policy Resolution.
BACKGROUND: Council Referral #349 requested the Planning and Development Committee and
staff to review a "Complete Streets" Policy to be used city -wide in the design of all projects. The
attached policy was presented to the Planning and Development Committee on April 2, 2013 for
review; the policy was recommended for approval by City Council.
"Complete Streets" is defined as transportation facilities that are planned, designed, operated,
and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit riders,
and motorists appropriate to the function and context of the facility. The City of Bakersfield
desires to create a safe and efficient transportation system that promotes the health and mobility
of all citizens and visitors by incorporating the recommendations and guidelines of the
"Complete Streets" concept. The proposed resolution defines the objectives of the "Complete
Streets" policy and acknowledges the City's desire to develop City's transportation facilities to
meet the goals of the "Complete Streets" concept. The resolution also incorporates existing
codes, policies and standards currently in use which support the "Complete Streets" concept to
provide further guidance to staff and developers and the City's desire to be in conformance with
Caltrans Deputy Directive DD-64-RI. This resolution policy will be applied to all transportation -
related projects including those involving new construction, reconstruction, retrofits, repaving,
rehabilitation or changes in the allocation of the pavement space on an existing roadway as
well as those that involve new privately built roads and easement intended for public use.
MS
April 4, 2013, 9:58AM
G:\ GROUPDAT \ADMINRPT\2013 \04- 17\Admin - Complete Street Resolution.doc
OFSAKE n
JCOYPOIIA,��V
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 5?.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Christi Tenter, Human Resources Manager
March 29, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p�
CITY MANAGER M&
Wage Adjustments - Temporary Salaries, Recreation and Parks Department
1. Amendment No. 17 to Resolution No. 44 -93 setting salaries and related benefits
for the Temporary Unit.
RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
Pay rate adjustments for Recreation temporary positions were last modified in 2007 in line with
changes made to the California minimum wage at that time. Since 2007, many competing
employers have increased pay rates and provided progressive pay grades to incentivize tenure
for comparable positions. This has created recruiting and retention challenges for the Recreation
and Parks Department, specifically in adequately staffing lifeguards and aquatic - related
positions for the various aquatics activities the Department provides during the summer season.
In preparation for the 2012 summer season, the Recreation and Parks Department collaborated
with the Human Resources Division to develop a comprehensive recruitment plan to address the
ongoing staffing issues. Even with increased efforts, the City was not able to fill all Recreation
temporary positions. As a result, the aquatics section realized several operational impacts:
• Six lifeguard training courses were held from October 2011 to June 2012. Out of 200
training slots, only 58 applicants registered for training.
• 55 aquatic positions went unfilled through July 2012 which reflects a 35 percent vacancy
gap.
• The McMurtrey Olympic Pool was forced to close on 3 separate days during the 2012
summer season due to lack of aquatic staffing. An estimated 645 guests were unable to
utilize this facility due to closures.
The MLK and Jefferson pools eliminated a combined 18 sessions - ranging from Water
Babies, Preschool, Adult Lessons, and Levels 1 to 6 - and reduced remaining sessions by 33
percent. This equates to approximately 2,000 patrons not served.
The estimated net revenue loss due to pool closures was $8,100.
April 5, 2013, 11:23AM:jn
S: \ADMIN REPORTS \Admin Reports 2013 \ADMIN RPT_Temp Salary Revisions 2013_4.17.13.docx
ADMINISTRATIVE REPORT
Increasing pay for Recreation temporary positions is recommended to address the difficulty
recruiting temporary employees at the lower salaries and the subsequent operational impacts.
Increasing the salaries will allow the Recreation and Parks Department to hire and retain qualified
applicants. Furthermore, it is recommended to formally tie future COLA increases for the
temporary positions to COLAs received by SEIU. This will allow for pay adjustments to be
automatically included when SEIU COLAs are approved, rather than irregularly or only after the
Recreation Division experiences operational challenges.
The proposed pay rates will be within the comparative pay range as per recent surveys with
comparable agencies (private and public) in our local market. The overall budgetary impact is
approximately $60,000 for the aquatic temporary positions and $20,000 for the remainder of the
Recreation positions. The Recreation and Parks Department has sufficient funds in its current
budget to cover this increase in the current fiscal year and if approved, the necessary funding
would be budgeted within the Department's FY 13 -14 Proposed Budget.
The following table outlines the temporary position, current rate, proposed new starting rate and
progressive pay grades, if applicable.
Classification
Current Rate /HR
Proposed New
Rate /HR
Step I
Step 2
Lifeguard
$9.00
$9.50
$10.00
Swim Instructor
$9.00
$10.00
$10.25
Assistant Pool Manager
$9.50
$10.50
$11.00
Pool Manager
$11.00
$11.50
$12.00
Aquatic Coordinator
$12.50
$13.00
$13.50
Program Leader 1
$8.50
$9.00
N/A
Program Leader II
$9.00
$9.50
N/A
Assistant Site Manger 1
$9.50
$10.00
N/A
Assistant Site Manager II
$10.00
$10.50
N/A
Site Manger 1
$10.00
$11.00
N/A
Site Manager II
$10.50
$11.50
N/A
Program Coordinator 1
$11.00
$12.00
N/A
Program Coordinator II
$11.50
$12.50
N/A
April 5, 2013, 11:23AM:jn
S: \ADMIN REPORTS \Admin Reports 2013 \ADMIN RPT_Temp Salary Revisions 2013_4.17.13.docx
OFBAKE�1
xco%?0A4 '•�
ADMINISTRATIVE REPORT
cIL�
10
MEETING DATE: April 17, 2013 AGEN SECTION: Consent Calendar
ITEM: r. 01 .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Greg Williamson, Chief of Police
April 5, 2013
APPROVED
DEPARTMENT HEAD -(o/ —
CITY ATTORNEY l
CITY MANAGER
New Job Specification and Change to Salary Schedule
1. Amendment No. 6 to Resolution No. 140 -08 approving Memorandum of
Understanding for employees of the Blue and White Collar Units and adopting
salary schedule and related benefits for Police Latent Print Examiner.
2. New Job Specification: Police Latent Print Examiner #21300
RECOMMENDATION:
Staff recommends adoption of the resolution and approval of the new job specification.
BACKGROUND:
On April 8, 2013, the Remote Access Network (RAN) Board of Kern County approved their
FY2013 -14 budget, which includes provision to fully fund a Latent Print Examiner position in the
Bakersfield Police Department (BPD). Salary and Benefits in FY2013 -14, for this position will be
approximately $75,500.00. Funding from the RAN Board is sufficient to maintain this full -time
position on a continuous basis.
The RAN Board of Kern County was established in 1989 per Penal Code (PC 1 1112.1 -1 11 12.7),
which calls for a master plan to facilitate a uniform statewide network of equipment and
procedures allowing local law enforcement agencies direct access to the California
Identification System (Cal -ID). Cal -ID is the automated system maintained by the Department
of Justice for retaining fingerprint files and identifying latent fingerprints.
The RAN board is composed of seven members (per PC 11112.4 b), as follows: a member of the
board of supervisors, the sheriff, the district attorney, the chief of police of the department
having the largest number of sworn personnel within the county, a second chief selected by all
other police chiefs within the county, a mayor elected by the city selection committee
established pursuant to Section 50270 of the Government Code, and a member -at -large
chosen by the other members.
The RAN board has two sources of funding, both of which have strict parameters determining
their appropriation: (1) One dollar ($1.00) from vehicle registration fee to finance additional
automated fingerprint equipment intended for applicant and criminal processing and for digital
DB /AG
F BAKE
O WON,l� S'c�
ADMINISTRATIVE REPORT
i A
photo equipment (per AB 674); and (2) fifty cents ($0.50) for every ten dollars ($10) or fraction
thereof for every fine, penalty, or forfeiture imposed and collected by the courts for criminal
offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance
adopted pursuant to the Vehicle Code except offenses relating to parking or registration or
offenses by pedestrians or bicyclists, or where an order is made to pay a sum of the general
fund of the county pursuant to subparagraph (c) of paragraph (3) of subdivision (a) of Section
258 of the Welfare and Institutions Code.
The monies collected by the courts together with any interest earned thereon are held by the
County Treasurer in a separate Automated Fingerprint Identification Fund (pursuant to Section
1463 of the Penal Code), and can only be used to pay for the purchase, lease, operation,
including personnel and related costs, and maintenance of automated fingerprint equipment
and digital image photographic equipment, replacement of existing automated fingerprint
equipment, digital image photographic equipment, and other equipment needed for the
suspect booking process, and for the reimbursement of local agencies within the county which
have previously purchased, leased, operated, or maintained automated fingerprint equipment
and digital image photographic equipment from other funding sources.
The Latent Print Examiner will be a specialized position assigned to the BPD Crime Lab. This
position is responsible for performing latent print analysis for prosecution of criminal cases in a
court of law, determining the usability of latent prints, and entering them into the Automated
Fingerprint Identification System (AFIS), as well as other work as required.
This position will be included in the salary projections of the proposed FY2013 -14 General Fund
Police Budget; and the RAN Board will reimburse salary expenditures on a quarterly basis.
The new job specification was presented and approved by the Police Civil Service Board at
their March 6, 2013 meeting.
DB /AG
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM g , K.
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEADZ/X-'�
DATE: March 29, 2013
CITY ATTORNEY 'f''A
CITY MANAGER
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and the demolishment of dangerous
buildings and authorizing collection of the assessments by the Kern County Tax
Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on March 11, 2013, by the City Manager designee and all
proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter and /or were determined to be in violation of
Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous
buildings. The property owners were notified and failed to comply with the notices to abate such
public nuisance. After a hearing duly noticed and held before the Building Director, the Director
issued orders requiring the property owner to abate the public nuisance. The subject properties
are listed as follows:
PROPERTY LOCATION
Ward 1
APN
1. 3409 Anderson Street
172- 091 -08 $
2. 901 Bradshaw Street
170- 090 -14 $
3. 420 S. Brown Street
019- 072 -02 $
4. 1501 Calcutta Drive #31
171 - 210 -31 $
April 1, 2013, 1:59PM/kd
S: \Dana\ADMINS\2013\APRIL \4 -17- Property Abatement_Demo.docx
COST
719.00
1,340.00
719.00
1,360.00
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1
5.
122 Clifton Street
018- 390 -09
$
1,499.00
6.
3410 Cottonwood Road
172 -101 -11
$
600.00
7.
228 S. Haley Street
019 - 191 -03
$
699.00
8.
236 S. Haley Street
019- 191 -01
$
1,319.00
9.
125 Hayes Street
018- 340 -20
$
739.00
10.
213 Hayes Street
018- 350 -28
$
1,449.00
11.
105 S. Kincaid Street
168 - 171 -03
$
105.00
12.
128 Kincaid Street
018- 160 -05
$
750.00
13.
329 S. King Street
018- 140 -20
$
1,354.00
14.
1404 Maitland Drive
011- 172 -10
$
105.00
15.
1003 Melwood Street
170 - 131 -06
$
105.00
16.
310 Ohio Drive
169- 070 -20
$
800.00
17.
224 S. Owens Street
018- 230 -04
$
300.00
18.
913 P Street
009- 162 -09
$
300.00
19.
930 P Street
009 - 171 -08
$
300.00
20.
Planz Road
170- 270 -19
$
2,074.00
21.
7513 Stargaze Drive
516- 311 -01
$
689.00
22.
112 T Street
010- 042 -18
$
105.00
23.
320 E. 4th Street
139- 270 -18
$
1,000.00
24.
108 E. 8th Street
139- 191 -12
$
700.00
25.
1422 E. 9th Street
018- 061 -18
$
825.00
Ward 2
26.
429 Alpine Street
01 6- 480 -09
$
300.00
27.
234 Baker Street
016 -390 -17
$
300.00
28.
617 Butte Street
016- 420 -03
$
800.00
29.
4400 California Avenue
332- 331 -05
$
300.00
30.
1304 Eureka Street
017 -230 -14
$
1,800.00
31.
500 Flower Street
013- 110 -15
$
640.00
32.
1811 Forrest Street
007- 210 -02
$
1,435.00
33.
1120 Gage Street
015- 350 -10
$
600.00
34.
101 Jefferson Street
012- 022 -01
$
300.00
35.
819 Kentucky Street
014- 300 -07
$
905.00
36.
823 Kentucky Street
014- 300 -10
$
969.00
37.
1106 Kentucky Street
015 -390 -15
$
1,074.00
* 38.
926 Lake Street 1107
015- 360 -11
$
5,479.00
39.
1307 Oregon Street
015- 160 -18
$
779.00
40.
1412 Pacific Street
015- 040 -13
$
300.00
* Demolished structure
April 1, 2013, 1:59PM /kd
S: \Dana\ADMINS\2013\APRIL \4 -17- Property Abatement_Demo.docx
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 2
41.
1312 Robinson Street
01 5- 180 -09
$
1,250.00
42.
2900 Union Avenue
012- 071 -03
$
665.00
43.
210 17th Street
006 - 123 -28
$
300.00
44.
115 18th Street
006- 123 -21
$
300.00
45.
1403 E. 18th Street
017- 220 -01
$
674.00
46.
1 1 19 E. 21 st Street
017- 110 -07
$
894.00
47.
931 30th Street
002 - 101 -04
$
300.00
48.
1002 33rd Street
002 -031 -29
$
300.00
49.
1021 34th Street
002 -031 -02
$
1,600.00
Ward 3
50.
6101 Auburn Oaks Drive
438 - 285 -01
$
900.00
51.
Miramonte Drive
387- 020 -50
$
300.00
52.
5001 Panorama Drive
146- 490 -01
$
300.00
Ward 4
53. 12518 Reina Road
Ward 5
528 - 433 -13 $ 900.00
54.
11902 Bedfordshire Drive
523 - 240 -06
$
925.00
55.
3005 Bralorne Court
381-112-06
$
600.00
56.
10611 Desert View Place
394 - 522 -12
$
300.00
57.
9917 Grey Goose Street
497 - 590 -55
$
600.00
58.
7820 Shetland Drive
380 -181 -11
$
105.00
59.
Vista Fuego Drive
497 - 512 -02
$
894.00
Ward 6
60.
6428 Cherry Blossom Court
499 -431 -08
$
105.00
61.
6013 Cumin Lane
384 - 194 -02
$
1,935.00
62.
5415 Silver Creek Road
499 - 044 -08
$
300.00
Ward 7
63.
8012 Big Bear Street
516- 191 -07
$
300.00
64.
2308 Elaine Street
023 - 092 -08
$
105.00
65.
Mesa Grande Street
405- 101 -05
$
724.00
66.
1913 Oscar Avenue
023 - 211 -07
$
300.00
April 1, 2013, 1:59PM/kd
S: \Dana\ADMINS\2013\APRIL \4 -17- Property Abatement_Demo.docx
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Word 7
67.
2313 San Ramon Court
405 - 135 -04
$
1,495.00
68.
6915 Whisenant Street
516- 411 -05
$
6,335.00
69.
9601 Wible Road
514- 020 -16
$
300.00
70.
4709 Woodmere Drive
371- 173 -16
$
105.00
Demolished structure
The owners of the above - mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above - mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
April 1, 2013, 1:59PM/kd
S:\ Dana \ADMINS\2013\APRIL \4 -17- Property Abatement_Demo.docx
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: Q, j
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD,'
DATE: March 22, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving an application to the Kern County Local Agency
Formation Commission to annex uninhabited territory into the City identified
as Annexation No. 517 located south of Panama Lane, between Progress
Road and Old River Road. (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution proposes an application to be submitted to the Kern County Local
Formation Commission (LAFCo) for the annexation of uninhabited territory into the City of
Bakersfield. Annexation No. 517 consists of 103.13 acres and is located within a county
island located south of Panama Lane, between Progress Road and Old River Road.
The property owner, Old River, LLC, is requesting to annex the territory to develop single
family homes and to receive city services. The territory is adjacent to developed single
family residential and includes a portion of a planned neighborhood park. The territory is
adjacent to the City limits and is within the City's Sphere of Influence boundary.
The property owner has been developing two tracts of homes on land within the City's
jurisdiction adjacent to the proposed annexation territory since 2005. As the recession
deepened, the developer continued to build, albeit at a much reduced pace - and
subsequently, this proposed annexation was not processed at that time. With the recent
improvements in the local economy, the developer is now experiencing increased
demand for additional homes for the neighborhood. Without annexation, the developer
is unable to build out the remaining 300± lots planned for the balance of the
neighborhood. The proposed annexation area also includes a portion of a future 9 acre
City park site which at this time there is not sufficient revenues to construct or maintain.
The remainder of this development planned for the annexation territory is critical to
achieving the full build out of the neighborhood park.
I
ADMINISTRATIVE REPORT
Page 2
Staff has not received any indication from the County which will recognize the significant
hardship to the developer. However, the City will communicate this request to the
County that the property tax revenue exchange for this annexation be covered under
the historical calculations (pre -2012) of the master tax split agreement (Memorandum of
Understanding 05 -015) between the City of Bakersfield and County of Kern, and that,
should the County approve the annexation as a hardship, the City would agree not to
use this decision in litigation.
The developer has provided the enclosed letter with more detailed information on the
development and its request for annexation.
CH:al
S: \Admin Rpts \2013 \Admin 517 revision.docx
Page 2
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8 ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: March 28, 2013
P V D
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution authorizing the filing of an application with the Kern Council of
Governments for allocation of Transportation Development Act funds for Fiscal Year
2013 -14 ($247,037) for the maintenance of the Bakersfield Amtrak Station during
said fiscal year (Ward 2).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Transportation Development Act (TDA) Funds are administered by the Kern
Council of Governments (Kern COG). TDA Article 4 Public Transportation funds have been used
by Kern COG to address transit problems. Golden Empire Transit and other transit service -
oriented organizations have been receiving these local transit funds to provide for the
transportation needs within the City of Bakersfield. The City of Bakersfield is also eligible for TDA
Article 4 Public Transportation funds to offset maintenance costs for the Bakersfield Amtrak
Station.
As the owner of the Amtrak Station, the City is responsible for certain maintenance activities of
the site. These Article 4 Transportation Development Act funds can be used to pay for those
maintenance activities. Costs incurred by the City for the Amtrak Station are fully funded with
Article 4 Transportation Development Act funds. This Resolution authorizes staff to submit an
application for those funds. The amount requested for Fiscal Year 2013/14 totals $247,037.
F1
G: \GROUPDAT \ADMINRPT\2013 \04 -17 \Amtrak TDA Funds.doc
'lllllllllllllllll
1
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 I AGENDA SECTION: Consent Calendar
ITEM: T
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: April 10, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: California Enterprise Development Authority Property Assessed Clean Energy
Program (PACE):
1. 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 participation
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
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
the 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. Furthermore, staff investigated the potential impact on program
participants if the sponsoring JPA was dissolved or otherwise prevented from providing PACE
programs in the future. Due to the contractual obligation that is established through the
assessment process, that is voluntarily entered into between the property owner and the PACE
program, there is general consensus that those obligations would remain enforceable once
established regardless.if the sponsoring JPA was dissolved or if the PACE program ceased to exist
at a later date.
It should be noted that the Federal Housing Finance Agency (FHFA) has expressed concerns with
the priority lien positions required for residential PACE programs. A recent 9th Circuit Court of
Appeals decision has upheld the concerns of FHFA. In response to this ruling both the CEDA and
CaliforniaFIRST PACE programs are not accepting residential PACE applications until there is
further clarity regarding the viability of residential PACE.
ST
Page 2
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 3
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: g . I I.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: March 28, 2013
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
k/G
1/G
CITY MANAGER fff
SUBJECT: Resolution Proclaiming the City of Bakersfield's Unwavering Support for The Bill of
Rights, and the Annual Commemoration of "National Bill of Rights Day." (All wards)
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
C'ouncilmember Johnson requested staff develop a Resolution honoring The Bill of Rights.
With the passage of this Resolution, the City Council proclaims its unwavering support for The Bill
of Rights and shall designate December 15th as "National Bill of Rights Day," every year
beginning December 15, 2013. This Resolution honors The Bill of Rights and holds that a copy of
which shall be conspicuously posted at City Hall every fifteenth of December.
A copy of such resolution is attached for Council's review and consideration.
TG:dll
S: \COUNCIL \Admins \12 -13 Admins \B111.0f.Rights.D0cx
A
ADMINISTRATIVE REPORT
c
0
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: $ .
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: April 5, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER AS
SUBJECT: Resolutions of Intention (ROI) to add the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report for each.
1, ROI # 1741 to add Area 4 -114 (3838 San Dimas Street) - Word 2
2. ROI # 1742 to add Area 1 -93 (5000 Commerce Drive) - Ward 1
3. ROI # 1743 to add Area 2 -53 (4621 White Lane) - Ward 6
4. ROI # 1749 to add Area 1 -94 (10948 Snow Road) - Ward 4
5. ROI # 1750 to add Area 3 -87 (5511 Woodmere Drive) - Ward 5
6. ROI # 1751 to add Area 3 -88 (Hosking, SR99 South) - Ward 7
RECOMMENDATION: Staff recommends adopting the Resolutions of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcels to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territories be added to the Consolidated Maintenance District at
the next City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
Ps
G: \GROUPDAT \ADMINRPT \2013 \04- 17 \ROI est CMD 4 -114 1 -93 2- 53.docx
ADMINISTRATIVE REPORT
MEETING DATE April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: Jr. A.
TO: Honorable Mayor and City Council E LR VE
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 3, 2013 CITY ATTORNEY"
CITY MANAGER /� J
SUBJECT: Resolution of Intention No. 1740 to order the vacation of the public utilities
easement located in a previously vacated alley in Blocks 140 and 141, north of W.
Sumner Street and east of Golden State Avenue. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution of Intention
BACKGROUND: The City of Bakersfield has received a request from San Joaquin Tire to vacate
the public utilities easement located in a previously vacated alley in Blocks 140 and 141, north
of W. Sumner Street and east of Golden State Avenue. The existing sewer line will be
relocated. The final hearing Is set for the Council Meeting scheduled on May 15, 2013.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report.
The utility companies serving the area have been notified by mail. Public Works has received
no objections as of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 - foot radius
of the proposed vacated area. Public Works has received no objections from these owners as
of the date of this report.
A new sewer easement will be recorded over the area where the sewer line is to be relocated
to, prior to the recordation of this vacation.
On March 27, 2013, the Planning Department found the proposed vacation of the public
utilities easement located In a previously vacated alley in Blocks 140 and 141, north of W.
Sumner Street and east of Golden State Avenue to be consistent with the Metropolitan
Bakersfield General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
/mm
April 4, 2013, 9:43 am
SAStreet Vacatlons\PUE vacation W. Sumner and Golden State\Admin. Report - Consent Calendar.doc
BA
,,r
� S
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: g, p
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
March 25, 2013
APPROVED
DEPARTMENT HEAD—.,6a
CITY ATTORNEY_
CITY MANAGER—J& _
Agreement with PARS for administrative and custodial services regarding the
City's Retiree Medical Irrevocable Trust.
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: In 2007 the City selected PARS to form and administer an Internal Revenue
Code Section 115 Irrevocable Trust Account in an effort to comply with new accounting
standards issued by the Governmental Accounting Standards Board (GASB) regarding Other
Post Employment Benefits (OPEB).
The previous two agreements with PARS had a three year fixed term with a set administrative
fee structure. City staff has negotiated a lower fee structure for administrative and custodial
services and we wish to enter into a new agreement with the lower fee schedule and more
flexible contract term requirements. The new contract still contemplates a three year term,
but the City can cancel the agreement with 90 days notice if we desire to change
administrators.
City staff is pleased with the service and administration of the Trust over the past six years. The
PARS Trust carries with it a Private Letter Ruling from the Internal Revenue Service and they
offer a variety of investment plan options.
The fee schedule has a tier structure, but based on the current portfolio balance we estimate
that annual administration costs will be in the range of $65,000 per year.
3/12/2013 3:18:00 PM
S:\Admin\Admin Reports \Pars gasb 45 2013 docx
n�•w,rc' iPj�.i
ADMINISTRATIVE REPORT
�..rll 1 F pR�N�p4,
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: .
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: April 5, 2013
APPROVED
DEPARTMENT HEAD 0
CITY ATTORNEY AM-
CITY MANAGER
SUBJECT: Operational agreements required for Bakersfield Police Department to receive a
grant from California Emergency Management Agency for the Operational
Children Exposed to Domestic Violence Specialized Response Program:
1. The Alliance Against Family Violence and Sexual Assault (AAFVSA) ($105,987)
2. Child Protective Services - Kern County Department of Human Services (CPS)
RECOMMENDATION: Staff recommends approval of the proposed agreements.
BACKGROUND:
The Bakersfield Police Department (BPD) has received a conditional grant award from the
California Emergency Management Agency (CalEMA), for the Children Exposed to Domestic
Violence Specialized Response Program (EV Program). The grant award is conditioned upon the
execution of operational agreements with the agencies participating in the grant, which include
BPD, the Alliance Against Family Violence and Sexual Assault (AAFVSA), and the Kern County
Department of Human Services Child Protection (CPS).
The grant includes an annual allocation of $147,790 for each year of a three -year fund cycle,
with the first year beginning January 1, 2013, and ending December 31, 2013. If the grant is
awarded, funding for the first year will be distributed as follows:
AAFVSA $ 105,987
BPD $ 41,803
TOTAL GRANT $ 147,790
AAFVSA will receive up to $105,987 in reimbursement for services provided under this grant
including response to victims, and BPD, specifically the Investigations Division's Child Abuse /
Sexual Assault Unit (CASA), will receive up to $38,248 in over -time pay and $3,555 in training. For
the first year, CPS has requested no funding, but only to formalize their participation through the
operational agreement.
DB Page 1 of 2
ADMINISTRATIVE REPORT Page 2
Once the grant is awarded, BPD will submit an appropriation for approval by the City Council. A
non - competitive reapplication for continuation of funding must be submitted for the second and
third year of funding.
The objective of the EV Program is to build a multi - disciplinary team to respond to the needs of
children exposed to domestic violence, which will be named Children Exposed to Domestic
Violence Intervention Collaboration (CEDVIC). Specifically CEDVIC will:
• Reduce children's exposure and trauma resulting from domestic violence.
• Provide funding to AAFVSA for 24 -hour, year round, immediate response to victims and
children exposed to domestic violence.
• Provide specialized cross training for all members of CEDVIC to respond to and effectively
investigate cases of domestic violence and provide improved effective early intervention
services for victims and children exposed to domestic violence.
• Provide quality investigations for the Kern County District Attorney's Office in order to
increase the number of the domestic violence cases filed for prosecution.
• Provide a single location for members of CEDVIC to meet for the purposes of case
debriefings, training, and planning.
P: \BPD\ADMIN RPTS\ADMIN RPTS FY 12- 13\ADMIN RPT - (04- 17 -13) OA with AAFVSA & CPS (EV Grant)- revised 3.docx
4/9/20138:20 AM
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
AEU-Q= FROM: Alan Tandy, City Manager
DATE: April 9, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER_
SUBJECT: Accept proposal and approve agreement with Re- Store, LLC ($92,600) for the
upgrade and conversion of the City's Disaster Recovery and Back-up system
RECOMMENDATION: Staff recommends acceptance of proposal and approval of agreement.
BACKGROUND: Proposals were solicited from IBM Certified Tivoli Implementers for the upgrade
and conversion of the City's Disaster Recovery and Back -up system. Three (3) proposals were
received in response to the solicitation.
In June 2001 City Council approved a recommendation by staff to move to the IBM Tivoll
Storage Management System as the City's primary enterprise data backup system. This system
backs up and maintains a record of all City files, databases and digital information in all
formats. No major upgrade to this system has been made since its inception in 2001. This
agreement upgrades to the latest technology available from IBM, adjusts the license
management to a methodology that allows for data and server growth in the future. This newer
technology will safely store data in multiple places to ensure data integrity and provide a
capability for faster restores when needed.
This agreement will upgrade the current Tivoli system (version 6) to the Tivoli for Unified Recovery
Suite and the conversion of the currently backed -up data to the new system. In addition, the
new Suite also utilizes a different licensing model which will save the City approximately $90,000
in fees per year. The new licensing and software will extend the life of the current equipment
thereby saving $67,000 this fiscal year. Funds are budgeted in the Equipment Replacement
Fund for this contract.
Three (3) proposals were received as follows:
Re -Store LLC, San Marcos, CA $ 92,600.00
Advanced Integrated Solutions, Inc., Brea, CA $111,030.00
Key Information Systems, Inc., Woodland Hills, CA $184,897.40
Staff finds the proposal submitted by Re -Store LLC to be acceptable and recommends
approval of the contract in the amount of $92,600.
ECATD
April 11, 2013
A
po A
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION Consent Calendar
ITEM: T. 1r,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 25, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER �
Agreement with Ashland, Inc. ($450,000.00) to provide dewatering polymer for
Wastewater Treatment Plant No. 3 (Ward 6).
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The wastewater treatment process at Plant No. 3 requires that sludge undergo a
dewatering process. The goal of the dewatering process is to efficiently produce a sludge cake
that can be transported off -site for disposal or beneficial use. Polymers are an essential ingredient
in the dewatering process. The efficacy of a polymer is determined by its ability to capture solids
and produce a dry sludge cake.
Request for Qualifications and Proposals (RFQ /P) were sent to suppliers for the dewatering
polymers contract. Parties interested in submitting a proposal were required to provide on -site
demonstrations testing the efficacy of their product on Plant 3's equipment.
Four suppliers responded to the City's RFQ /P for supply of dewatering polymer: Ashland, Atlantic
Coast Polymers, G.E. Water, and Polydyne. Each of these four firms conducted on -site trials of
selected polymer products using the treatment processes at Plant 3. Only suppliers achieving the
minimum requirements of 95% solids capture and an 18% cake solids concentration were allowed
to submit product costs proposals. Three of the four suppliers met the treatment process
requirements: Ashland, Atlantic Coast Polymers, and Polydyne.
The per unit price of the polymer product from the three vendors is only part of the selection
process. The costs associated with the efficacy of the product are also considered. The formulas
used to evaluate cost proposals used variables that incorporate the following:
• Compares the current quality of dewatered sludge to the test quality of dewatered
sludge and how it affects annual hauling and disposal costs.
• Uses the unit price and quantity of polymer needed to achieve effective treatment of
dewatered sludge.
• Calculates an aggregate annual cost that takes a weighted average of two annual costs.
These two annual costs represent different costs when Plant 3's dewatering equipment
operates at different speeds. The speed of the dewatering equipment affects the amount
of polymer needed for treatment.
G: \GROUPDAT\ADMINRPT \2013 \04- 17\Admin - Dewatering Polymer.doc
ADMINISTRATIVE REPORT
The RFQ /P provided a detailed description of the methodology to be used in evaluating cost
proposals. The estimated annual cost of polymer from each of the suppliers is:
SUPPLIER AMOUNT (Estimated Aggregate Annual Cost
Ashland, Inc. $435,879.00 — This amount is based upon estimated quantities.
Wilimington, DE Recommend awarding contract for $450,000.
Polydyne, Inc. $480,321.00
Riceboro, GA
Atlantic Coast Polymers $533,961.00
Austin, TX
Staff recommends award of the Agreement to Ashland as the supplier for the polymer product
based on their proposal being the most favorable to the City. This contract is renewable
annually for three consecutive one -year terms at the City's option and upon mutually agreeable
terms.
Sufficient funds are budgeted within the Sewer Enterprise Fund for this Agreement. There is no
General Fund impact associated with this contract.
RB/
G: \GROUPDATIADMINRPT \2013 \04- 17\Admin - Dewatering Polymer.doc
A
a
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 19. S
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD M r'
DATE: April 4, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Transportation Impact Fee Credit Agreement with D.R. Horton VEN, Inc. (not to
exceed $97,449,88) for construction of improvements on Stine Road along the
frontage of Tentative Tract Map 6639, (Ward 7).
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: As a requirement of development of Tentative Tract Map 6639, D.R. Horton VEN,
Inc. has constructed 1 traffic lane on Stine Road along the frontage of said tract. The City has
listed this improvement on the Phase III Regional Transportation Facilities List as a required facility
for the orderly development of the transportation infrastructure required by the expected
development of the Metropolitan Bakersfield General Plan. The City has budgeted $97,449.88 for
the construction of these improvements.
D.R. Horton VEN, Inc. wishes to receive a credit (not to exceed $97,449.88) against its obligation
of paying Regional Transportation Impact Fees upon the issuance of new residential building
permits within Tentative Tract Map 6332 (lots 1 -18).
Ps
G:\GROUPDAT\ADMINRPT\2013\04-17\TIF credit agr with DR Horton.docx
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: !8.+.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March 29, 2013
APPROVED
DEPARTMENT HEAD 1141(-
CITY ATTORNEY f�t�
CITY MANAGER &
Maintenance Agreement for Tract 6193 Phases 1 & 2 with Bakersfield 100, LP,
located easterly of Kern Canyon Road and north of Chase Avenue. (Ward 3)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Tract 6193 Phase 1 was originally approved on August 17, 2005 and Phase 2
was approved on March 8, 2006 with Bakersfield Panorama L.P. The current owner of the
property, Bakersfield 100, L.P., has completed all of the infrastructure improvements. These
improvements have been inspected and accepted by the City.
This Maintenance Agreement with the new owner, Bakersfield 100, LP, secures the required
one -year maintenance warranty period for these completed improvements.
NOTE: THE AGREEMENTS ARE
FILED IN THE CITY CLERK'S
OFFICE FOR REVIEW.
dha
April 5,2013,8:21 AM
WGROUPDATWDMINRPM0131D4 -17 \Tract 6193 1 -2 Admin 4 -17 -13 Maint Agr.doc
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: It. U.
�
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD ///7
DATE: March 26, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Final Map, Landscape Agreement, and Maintenance Agreement with Estancia
Valley, LLC, a Delaware limited liability company, for Tract 6361 Phase 2 located
north of Snow Road and west of Verdugo Road. (Ward 3)
RECOMMENDATION: Staff recommends approval of map and agreements.
BACKGROUND: These Agreements are entered into to secure construction of the
improvements required for the Subdivision Map. For Tract 6361 Phase 2, the improvements are
for landscaping only. All other infrastructure has been constructed, inspected and completed.
The developer, Estancia Valley, LLC, a Delaware limited liability company, is entering into a
Maintenance Agreement with the City to secure the required I year maintenance warranty
period for the completed improvements.
NOTE: THE AGREEMENTS ARE
FILED IN THE CITY CLERK'S
OFFICE FOR REVIEW.
dha
April 5, 2013, 8:13AM
G:% GROUPDAT %ADMINRPT%2013W4- 17Wdmin Tract 6361 -2 MAgr- LS.doc
ADMINISTRATIVE REPORT
+�
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: ,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 29, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY }
CITY MANAGER s
Approval of Tract Map and Improvement Agreement
Final Map and Improvement Agreement with Castle & Cooke California, Inc.,
a California corporation, for Tract 6448 Unit 12 located south of Stockdale
Highway and west of Renfro 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 drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENT
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
..
March 29, 2013, 9:29AM
G: \GROUPDArADMINRPW013 104- 17 %T6448 -12 Map and IM AGR.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: C. w.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: March 29, 2013 CITY ATTORNEY .
CITY MANAGER
SUBJECT: Approval of Tract Map and Improvement Agreement
Final Map and Improvement Agreement with Castle & Cooke California, Inc.,
a California corporation, for Tract 6250 Phase 19 located north of Stockdale
Highway and west of Jewetta Avenue. 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 drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENT
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
a•
March 29, 2013, 10:33AM
G :\ GROUPDAT \ADMINRPT\2013\04- 17 \T6250 -19 Map and IM AGR.doc
9 A
U
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
April 4, 2013
APPROVED
DEPARTMENT HEAD AL-f
CITY ATTORNEY hL
Q L
CITY MANAGER �J
State Route 178 at Morning Drive Interchange Project. (TRIP) (Ward 3)
Approve Utility Agreement with Pacific Gas and Electric Company
($588,443.00; $520,948.59 Federal (88.53 %) and $67,494.41 Local (11.47 %)) for
the relocation of electrical distribution facilities.
2. Approve Utility Agreement with Pacific Gas and Electric Company
($161,314.00; $142,811.28 Federal (88.53 %) and $18,502.72 Local (11.47%)) for
the relocation of electrical distribution facilities.
3. Approve Utility Agreement with AT&T ($323,055.21; $286,000.78 Federal
(88.53 %) and $37,054.43 Local (11.47 %)) for the relocation of
telecommunication facilities.
RECOMMENDATION: Staff recommends approval of utility agreements.
BACKGROUND: To facilitate the construction of the new interchange along State Route (SR)
178 at Morning Drive, Pacific Gas and Electric Company (PG&E) must relocate electrical
distribution lines and AT&T must relocate telecommunication lines. PG&E owns and maintains
Electrical Distribution Facilities and AT&T owns and maintains telecommunication facilities
within the limits of this project.
These distribution and telecommunication facilities are located in a private easement outside
of the franchise area. Because of these prior easements, the project must pay for these
relocations. Some of the facilities will be relocated prior to starting construction on the
interchange, and some of the facilities will be relocated during the interchange's construction.
The total cost of the relocations to be completed prior to construction is estimated at $161,314
for the PG&E facilities and $323,055.21 for the AT&T facilities. The total cost of the relocations to
be completed during construction is $588,443 for the PG&E facilities.
This Agreement is funded with SAFETEA -LU Funds and Traffic Impact Fees; therefore, there is no
General Fund impact.
Staff recommends approval of these Utility Agreements.
PW/TRIP/TRSR17 - KPB
4/9/2013 9:32 AM
C:\ UsersUskinner \AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \9USLPIAS \PGE and ATT Utility Agreement - Morning Drive.docx
� A
F
ADMINISTRATIVE REPORT
c IF
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9 ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: April 2, 2013
SUBJECT: Westside Parkway Phase 6C (TRIP) (Ward 4):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY] p�
CITY MANAGER /W
Consultant Agreement with Nolte and Associates, Inc. (not to exceed
$2,948,002.16) for Construction Management Services for the Westside
Parkway Phase 6C Project.
2. Appropriate and transfer $2 million Transportation Development Fund
revenues to the Public Works Capital Improvement budget within the TDF TRIP
Local match fund.
RECOMMENDATION: Staff recommends approval of agreement, appropriation, and transfer.
BACKGROUND: This agreement provides for construction management services for the Westside
Parkway Phase 6C Project. This Project consists of constructing four lanes of freeway (two in each
direction) between Allen Road and the Stockdale Highway /Heath Road intersection, building
approximately three miles of sound walls, as well as completing all ramp tie -ins to the under -
construction Allen Road interchange.
This Project will also build a bridge for Renfro Road to cross over the Westside Parkway. The
Westside Parkway will ultimately be an eight mile long, east -west freeway extending from Truxtun
Avenue west to Stockdale Highway /Heath Road with interchanges at Mohawk Street, Coffee
Road, Calloway Drive, and Allen Road.
Due to the large work effort and additional personnel needed to adequately inspect, administer,
and oversee major public works construction contracts, the City has historically hired consultant
firms to provide construction management services for these large projects.
Public Works TRIP staff issued a Request for Qualifications /Request for Proposals (RFQ /RFP) for
construction management services for the SR- 178 /Morning Drive interchange, the Westside
Parkway Phase 6C, and the SR -58 Gap Closure Projects.
April 4, 2013, 2:28PM
Tdw: G: \GROUPDAT \ADMINRPT \2013 \04 -17 \Nolte Agreement Admin.doc
F A
ADMINISTRATIVE REPORT
The following seven firms responded to this RFP:
AECOM (Bakersfield, CA)
Caltrop (Fresno, California)
Harris and Associates (Irvine, California)
Mendoza and Associates (Fresno, California)
MNS Engineering (Santa Barbara, California)
Nolte and Associates (Bakersfield, California)
Parsons Brinkerhoff (Los Angeles, California)
Based on a review of their proposals, the selection committee invited the following firms to
interview with the committee: AECOM, Caltrop, Mendoza and Associates, Nolte and Associates,
and Parsons Brinkerhoff.
Based on the rankings of the proposals and the interviews, Nolte and Associates was selected as
the most qualified to provide construction management services for the Westside Parkway Phase
6C Project. In accordance with federal procurement procedures for these types of services, after
Nolte and Associates was selected, their cost for providing these services was then negotiated by
Public Works TRIP staff. This proposed Agreement, as well as Nolte's accounting procedures,
were both audited /reviewed by Caltrans and were found to be acceptable with some minor
additions. Staff recommends approval of this Agreement. This Agreement is funded with Traffic
Impact Fees; therefore, there is no General Fund impact.
Mendoza and Associates was selected as the most qualified to provide construction
management services for the SR- 178 /Morning Drive interchange, and Parsons Brinkerhoff was
selected as the most qualified to provide construction management services for the SR -58 Gap
Project. Negotiations with both firms have been completed. Caltrans audits are in process, and
agreements for construction management services for these other projects will be on future City
Council agendas.
Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's
Office for review.
April 4, 2013, 2:28PM
Tdw: G: \GROUPDAT \ADMINRPT \2013 \04 -17 \Nolte Agreement Admin.doc
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: g.Z.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 5, 2013
APPROVED
DEPARTMENT HEAD d ,
If
CITY ATTORNEY
CITY MANAGER
Installation by Southern California Gas Company of data collection units on street
light poles for Advanced Meter Program (Wards 1, 2, 3, 4, 5, & 6):
1. Amendment No. 1 to Agreement No. 12 -163 with Southern California Gas
Company (SCG) to obligate SCG to pay for electrical costs associated with
SCG's equipment and to indemnify and hold City harmless for certain defined
events relating to installation of the data collection units.
2. Agreement with Pacific Gas and Electric Company for Unmetered Low
Wattage Equipment Connected to Customer -Owned Street Light Facilities
obligating City to pay for electrical costs associated with SCG's equipment
and to indemnify and hold PG&E harmless for certain defined events. Note:
This agreement with PG &E is required to allow SCG to install the data collection
units. However, through Amendment No. 1 to Agreement No. 12 -163, SCG
assumes the responsibilities of the PG&E agreement.
RECOMMENDATION: Staff recommends approval of Amendment and Agreement.
BACKGROUND: Southern California Gas Company (SCG) has been authorized by the California
Public Utilities Commission to implement an Advanced Meter Program within its jurisdiction in the
City of Bakersfield. The implementation of the Advanced Meter Program requires the
installation of communication devices within the street right of way, either on new poles or on
the City's street light facilities, at various locations within the City for all their residential and
commercial natural gas meters and radio frequency data collector units to collect and transmit
gas usage information.
At its December 11, 2012 meeting, the City Council granted SCG (Agreement No. 12 -163) with a
non - exclusive, revocable license to attach the data collection equipment to the street light
facilities, which would reduce the number of new infrastructure installations within the City's
right -of -way.
Agreement No. 12 -163 required SCG to secure electrification of its equipment affixed to City's
street light facilities directly from Pacific Gas and Electric (PG&E). However, after executing
Agreement No. 12 -163, SCG was informed by PG&E that PG&E would not directly bill SCG for
of
G: \GROUPDAT \ADMINRPT \2013 \04- 17 \Admin So. Cal Gas Street Light Agreement Amendment.docx
the electricity used as was required by Agreement No. 12 -163 but would instead bill the City,
noting on each bill the portion of the charges that belong to SCG.
For the electrification, PG &E is requiring the City to execute an Agreement for Unmetered Low
Wattage Equipment Connected to Customer -Owned Street Light Facilities (PG &E Agreement)
obligating the City to pay for electrical costs associated with SCG's equipment and to
indemnify and hold PG &E harmless for certain defined events. To facilitate SCG's use of the
City's street light facilities, thereby minimizing the impact of additional poles to the City's rights -
of -way, staff recommends that the City agree to execute the PG &E Agreement, which is also
before Council on this agenda item.
Amendment No. 1 to Agreement No. 12 -163 obligates SCG to be fully responsible for performing
any and all obligations created by the PG &E Agreement including providing City with the funds
necessary to pay for SCG's electrification costs and indemnifying City for any breach of the
PG &E Agreement.
of
G: \GROUPDAT \ADMINRPT \2013 \04- 17 \Admin So. Cal Gas Street Light Agreement Amendment.docx
A
O�ymswar
ADMINISTRATIVE REPORT
LI 0
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: T. aQ .
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: April 2, 2013
APPROVED
DEPARTMENT HEAD_'���''
CITY ATTORNEY pc
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 11 -048 with JCI Chemical Incorporated;
extending the contract term one year and adding $60,000.00 (for a total not to
exceed amount of $181,023.55) to continue the supply of sodium hypochlorite.
(Ward 6)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On May 4, 2011, Council approved the Annual Contract for the supply of
sodium hypochlorite to JCI Chemical Incorporated, in the amount of $61,023.55; renewable
annually thereafter for four consecutive one -year periods. On April 18, 2012, Council approved
Amendment No. 1 adding $60,000.00 and extending the contract term one year.
Sodium hypochlorite is a disinfectant required to treat the tertiary water produced at
wastewater plant three. The treated water is used to irrigate the grounds at the sports village
and the berms at wastewater plant three.
If approved, Amendment No. 2 will add $60,000.00 for a revised not to exceed amount of
$181,023.55, and extend the contract term one year. Funds are budgeted within the
Wastewater Enterprise operating budget. Approval of the amendment will allow the
Wastewater Treatment Plant to continue to meet the City's wastewater treatment demands for
the next year.
Purchasing Division/ch
S:\PURCH\ADM1N*\ Amendments 12 -13WC for Sodium Hypochlorite Amendment ##2 Agmt. 11- 048.docx
April 2, 2013, 2:15 P.M.
SA n
O� yAVUN,r�
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: . bb .
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: April 2, 2013
APPROVED
DEPARTMENT HEAD_,
CITY ATTORNEY 2
CITY MANAGER /W
SUBJECT: Amendment No. 2 to Agreement No. 11 -051 with Kern Turf Supply, Incorporated;
extending the contract term one year and adding $175,000.00 (for a total not to
exceed amount of $525,026.96) to continue the supply of irrigation parts and
supplies. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On May 18, 2011, Council approved the Annual Contract for the supply of
irrigation parts and supplies to Kern Turf Supply, Incorporated, in the amount of $175,026.96;
renewable annually thereafter for four consecutive one -year periods. On April 18, 2012, Council
approved Amendment No..l adding $175,000 and extending the contract term one year.
If approved, Amendment No. 2 will add $175,000.00 for a revised not to exceed amount of
$525,026.96, and extend the contract term one year. Funds are budgeted in the Recreation
and Parks Department operating accounts within the General Fund. Approval of the
amendment will allow the City to continue to meet the demands for irrigation parts and
supplies.
Purchasing Division/ch
S:\PURCEMDMINVImendments 12 -13\AC for Irrigation Parts and Supplies Amendment #2 Agmt. 11- 051.docx
April 2, 2013, 2:09 P.M.
BA
a�pve.. s
ADMINISTRATIVE REPORT
c LI
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: $ - cc
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March 8, 2013
APPROVED
DEPARTMENT HEAD �-
CITY ATTORNEY
CITY MANAGER
Amendment No. 1 to Agreement No. 93 -102 with Larry Goff to extend term of lease for
Hangar Space #A -7 at Bakersfield Municipal Airport. (Ward 1)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: On May 26, 1993, the City entered into a 20 year ground lease agreement with Larry
Goff. The purpose of the lease was to allow Mr. Goff to construct a hangar for his airplane at the
Bakersfield Municipal Airport, space A -7. The ground lease agreement will expire May 25, 2013. The City
and tenant (Larry Goff) have agreed to renew this lease and add two options to extend the lease, each for
five year periods.
ep
G:\GROUPDAT\ADMINRPT\ADMINFORM.doc
A
4
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: g. CW,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 4, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 12 -133 with Centrisys Corporation
($100,000; revised not to exceed $200,000) for centrifuge dewatering system
repairs at Wastewater Treatment Plant No. 3 (Ward 6).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On October 17, 2012, Agreement No. 12 -133 with Centrisys Corporation was
approved. This Agreement provided on -call maintenance for centrifuges that perform
dewatering at Plant No. 3. Dewatering refers to a sludge treatment process that removes
water from the sludge and allows the sludge to be handled and disposed of per the guidelines
set forth in Plant No. 3's State Water Resources Control Board Permit. Centrifuges require major
maintenance and must be performed by a qualified company that specializes in this work.
Additional compensation is needed to continue with this maintenance.
Major maintenance is performed after the centrifuges have reached a milestone in the
number of hours operated. Due to harsh environments the centrifuges operate under, this
maintenance is required every three years. Additionally, in order to minimize major
maintenance costs in the future, Centryisys will train City staff on specialized maintenance that
is required every three years on the centrifuge equipment.
The compensation clause for Agreement No. 12 -133 is not to exceed $100,000 for a one -year
term. Staff recommends the amendment of Agreement No. 12 -133 for an additional $100,000
in compensation to allow for the specialized repair and service maintenance to all centrifuges
in an efficient and timely manner. The original amount of $100,000 is not sufficient to perform
all required specialized maintenance on the centrifuges that staff currently anticipates.
Sufficient funds are budgeted to fund this agreement. The funding source for this Agreement
is the Sewer Enterprise Fund; therefore, there is no General Fund impact.
PW: WW: pb
C:\ Users \lskinner\AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \9USLP1AS\Admin - Amend Centrisys.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: S. eG.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
April 4, 2013
APPROVED
K7DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Relocation of five existing pipelines for the Westside Parkway Phase 6C Project (TRIP)
(Ward 4):
1. Contract Change Order No. 1 to Agreement No. 12 -165 with Security Paving
Company, Inc. (Decrease of $940,000.00; revised not to exceed
$29,042,222.42).
2. Reimbursement Agreement with Matrix Oil Corporation ($550,000) to relocate
existing pipelines.
RECOMMENDATION:Staff recommends approval of Contract Change Order and Reimbursement
Agreement.
BACKGROUND: This Westside Parkway Phase 6C Project consists of constructing four lanes of
freeway (two in each direction) between Allen Road and the Stockdale Highway /Heath Road
intersection, building approximately three miles of sound walls, as well as completing all ramp tie -
ins to the under - construction Allen Road interchange. The Project will also build a bridge for
Renfro Road to cross over the Westside Parkway. The Westside Parkway will ultimately be an eight
mile long, east -west freeway extending from Truxtun Avenue west to Stockdale Highway /Heath
Road with interchanges at Mohawk Street, Coffee Road, Calloway Drive, and Allen Road.
Matrix Oil Corporation owns and maintains five existing oil, gas, and produced water pipelines
that currently run along the east side of Renfro Road across the Westside Parkway right -of -way.
These pipelines are in conflict with the construction of the Westside Parkway Phase 6C Project and
must be relocated. These pipelines were originally installed under an Oil and Gas Lease, giving
Matrix prior rights over the City's right of way; as such, the City must pay for this pipeline
relocation.
The relocation of these pipelines was originally included as part of the Phase 6C Project that was
bid and awarded to Security Paving on December 12, 2012. Including this work into the Phase 6C
Project was done to enhance coordination of the relocation of these pipelines with the
construction of the freeway. However, only one subcontractor provided subcontractor bids to
contractors bidding the Phase 6C Project, and the cost provided was much higher than what the
Engineer's Estimate anticipated. After the Phase 6C Project bid, Matrix Oil Corporation proposed
to City staff that they believed they could perform this work with their own staff and own
contractor for a much lower cost than the price included as part of Security Paving Company's
bid.
Lt: tdw: G:\ GROUPDAT \ADMINRPT\2013 \04- 17Wdmin Rpt CCO 1 Westside Parkway Phase 6C REV.docx
111111111_r.r „�
I IIIIIII„``
ADMINISTRATIVE REPORT
Matrix rebid this work, and their proposed cost represents a savings of over $400,000 to the City,
almost half of the cost of the original Phase 6C bid amount for this work. Also, with Matrix Oil
performing this relocation, the work will be expedited and ultimately will facilitate the construction
of the Phase 6C Project. Sufficient funds have been previously budgeted to pay for this
Reimbursement Agreement.
In addition, a deductive Change Order to Security Paving Company is also proposed to delete
this pipeline relocation work from their contract, as allowed by the Phase 6C Project
specifications. Security Paving Company originally agreed with this deductive Change Order;
however, they have recently expressed disapproval of signing this deductive Change Order.
These pipeline relocations need to be initiated within the next few weeks to avoid delaying
completion of the Phase 6C Project. As such, staff recommends approval of this Change Order
now without the contractor's signature. If the contractor later submits acceptable justification for
a revision to this Change Order cost, staff will review the additional information and if changes are
warranted, a revised contract change order will be placed on a future council agenda.
Staff recommends approval of Contract Change Order No. 1. This is a 3.1% decrease over the
original Agreement as illustrated below:
• Original Contract Amount
• Current Change Order No. 1
• Amended Contract Agreement after Change Order
Net Decrease to date
Lt: tdw: G:\ GROUPDAT \ADMINRPT\2013 \04- 17\Admin Rpt CCO 1 Westside Parkway Phase 6C REV.docx
_ $ 29,982,222.42
$ (940,000.00)
$29,042,222.42
$ 940,000.00
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: g ,4
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 4, 2013 CITY ATTORNEY_"
CITY MANAGER
SUBJECT: Contract Change Order No. 7 to Agreement No. 11 -091 with Raminha
Construction ($57,195.39; revised not to exceed $3,662,242.38) for the
Bakersfield City Sanitary Landfill Final Closure Project (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the final closure of the Bakersfield City Sanitary Landfill.
This change order provides for increases and decreases in contract item quantities that were
necessary to complete the project per the plans and specifications. The largest increase in
quantity was in the number of cubic yards of dirt which needed to be removed from the
Paladino Borrow Site and transferred to the landfill area in order to provide the closure cap. The
increase became necessary when it was discovered that the grades in that borrow area has
changed from the time of the original design survey thereby necessitating more earth removal to
provide proper sloping and drainage in the area after dirt removal. These increases and
decreases in contract item quantities will result in a net cost increase of $57,195.39.
The net cost increase of Contract Change Order 7 is $57,195.39. The sum of all change orders to
date on this project reflects a total cost increase of $293,516.38 (which results in an 8.7% increase
of the original contract amount) as illustrated below:
• Original Contract Amount = $3,368,908.00
• Amended Contract Agreement after Change Orders = $3,662,242.38
Net Increase to date = $ 293,516.38
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM (Construction)
April 4, 2013, 11:08AM
G:\ GROUPDAT \ADMINRPT\2013\04- 17 \CCO 7 Bakersfield City Sanitary Landfill Final Closure - revised.doc
A
ADMINISTRATIVE REPORT
0
MEETING DATE: April 17, 2013 AGENDA�SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: April 4, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 4 to Agreement No. 11 -109 with Loop Electric
Inc. ($20,211.17; revised not to exceed $311,695.14) for The Traffic Signal &
Lighting System at the Intersection of Stine Road & Hosking Road (Wards 6 &
7).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for construction of a traffic signal and street lighting at the
intersection of Stine Road and Hosking Avenue.
This change order provides for increasing several contract item quantities. These increases in
quantity were necessary in order to construct the project in accordance with the plans,
specifications, and City standards.
The net cost increase of Contract Change Order No. 4 is $20,211.17. The sum of all change orders
to date on this project reflects a total cost increase of $28,854.13 (which results in a 10.2%
increase of the original contract amount) as illustrated below:
• Original Contract Amount = $282,841.01
• Amended Contract Agreement after Change Orders = $311,695.14
Net Increase to date = $ 28,854.13
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM (Construction)
April 4, 2013, 11:38AM
G: \GROUPDAT\ADMINRPT \2013 \04- 17 \CCO 4 Traffic Signal Stine and Hosking.doc
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: fr. KIN.
TO: Honorable Mayor and City Council APPROVED
u
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 4, 2013 CITY ATTORNEY.
CITY MANAGER
SUBJECT: Contract Change Order Nos. 20 and 21 to Agreement No. 12 -069 with S.C.
Anderson Inc. ($95,963.00; revised not to exceed $3,751,407.66) for the State
Farm Sports Village - Phase 2 Project (Ward 6).
RECOMMENDATION: Staff recommends approval of Contract Change Orders
BACKGROUND: This project provides for construction of four soccer fields, four football fields,
restroom, parking lot, a portion of McKee Road, landscaping, irrigation system, walkways and all
infrastructure for Phase 2 of the planned State Farm Sports Village.
Contract Change Order No. 20 provides for work needed to obtain soil compaction for the
subgrade on areas required by the project's soils report; these areas include building pad,
parking lot, roadway, and sidewalks. During bidding, contractors were informed that the City
would provide a rough graded site to the contractor. Contractors were also given access to the
Soils Report for compaction requirements of all subgrade areas. Upon construction, the
contractor challenged the City's definition of "rough grade" to include compaction
requirements of the subgrade. After review of the bidding and construction documents, City
and Contractor agreed to share in the costs for the compaction requirements due to ambiguities
in the documents and the term "rough grade ". The contractor has agreed to do this work for the
lump sum price of $70,000.
Contract Change Order No. 21 provides for a cable fence and barrier rail at the south end of the
parking lot area. This work is needed in order to prevent vehicles from accessing the pedestrian
areas south of the parking lot, thereby providing safety for pedestrians as well as preventing
potential vehicular damage to the planters and restroom building. The contractor has agreed to
install the cable fence and barrier rail for the lump sum price of $25,963.
The net cost increase of Contract Change Orders 20 and 21 is $95,963. The sum of all change
orders to date on this project reflects a total cost increase of $148,407.66 (which results in a 4.1%
increase of the original contract amount) as illustrated below:
• Original Contract Amount = $3,603,000.00
• Amended Contract Agreement after Change Orders = $3,751,407.66
Net Increase to date = $ 148,407.66
Sufficient funds are budgeted to fund this Change Order.
RM (Construction)
April 4, 2013, 1:23PM
G: \GROUPDATIADMINRPT \2013 \04- 17 \CCOs 20 and 21 State Farm Sports Village Phase 2.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: $. I l .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: April 4, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Municipal Maintenance Equipment, Incorporated, $900,869.55
for three (3) replacement mechanical rear broom street sweepers for the Public
Works Department, Streets Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Bids were solicited for the purchase of mechanical rear broom street sweepers.
Two (2) bids were received in response to solicitation.
Funds are budgeted in the Equipment Replacement Fund for the purchase of three (3)
replacement mechanical rear broom street_ sweepers for the Streets Division. The units to be
replaced have reached their useful life and the costs associated with replacement parts and
maintenance has increased.
The two (2) bids received are as follows.
BIDDER AMOUNT
Municipal Maintenance Equipment, Inc. $ 900,869.55
Sacramento, CA
Haaker Equipment Company $1,066,046.33
La Verne, CA
Staff finds the low bid submitted by Municipal Maintenance Equipment, Inc., to be
acceptable.
Purchasing Division/kb
&TURCMADMINWdmin 12- 13\Mechanical Rear Broom Street Sweeper (Re -Bid), 12- 13 -64, April 17, 2013.docx
April 4, 2013
G BA E
Ql ��pxroe4 c s
ADMINISTRATIVE REPORT
,,tr
c�LIFO
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: April 2, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Gilliam and Sons, Incorporated (not to
exceed $854,484) for the Annual Contract for Earthmoving and Hauling
(Prevailing Wage Rate). Citywide
RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract.
BACKGROUND: Bids were solicited from contractors for providing Earthmoving and Hauling
services based on prevailing wage rates for use by City departments. The bid required
suppliers to provide hourly pricing for various pieces of equipment provided with operator and
without operator. For equipment provided with operator, pricing was based on prevailing
wage rates. The contract award is for a one year period; renewable annually for four
consecutive one -year periods at the City's option and upon mutually agreeable terms. Two
(2) bids were received in response to solicitation.
The two (2) bids received are listed below.
BIDDER AMOUNT
Gilliam and Sons, Incorporated $ 854,484
Bakersfield, CA
Granite Construction Company $1,044,574
Bakersfield, CA
Only projects funded with state or federal funds will utilize this contract. There will be no
General Fund impact associated with this contract.
Also on tonight's agenda is the recommendation to award a contract to Gilliam and Sons for
earthmoving and hauling services based on non - prevailing wage rates for use by City
departments for projects utilizing local funding in accordance with Resolution #122 -12.
It is important to note that the bid specifications for the two separate bidding processes are
not identical and therefore the two dollar bid award amounts cannot be directly compared.
The two bids differ in both the types of equipment solicited and the estimated quantities
Purchasing Division /kb
S: \PURCH\ADMIN\Admin 12 -13\AC Earthmoving & Hauling (Prevailing Wage Rate), 12- 13 -68, April 17, 2013.doc
ADMINISTRATIVE REPORT
(number of hours) estimated for use. The work needs of the prevailing wage bid are strictly
road related an the work needs of
wage Pi b
department and include anticipated project wok for the Water Deparnt,Sold Waste and
the Parks Department.
Staff finds the lowest overall bid submitted by Gilliam and Sons, Incorporated, Bakersfield, to
be acceptable and recommends approval of the contract in the amount of $854,484.
Purchasing Division /kb
S: \PURCH\ADMIN\Admin 12 -131AC Earthmoving & Hauling (Prevailing Wage Rate), 12- 13 -68, April 17, 2013.doc
C BAK
QI yCAypORA rr
f° ADMINISTRATIVE REPORT
c�a
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 1Z. K K.
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /V
DATE: April 8, 2013 CITY ATTORNEY p
CITY MANAGER /W
SUBJECT: Accept bid and approve contract to Gilliam and Sons, Incorporated (not to
exceed $818,938) for the Annual Contract for Earthmoving and Hauling (Non -
Prevailing Wage Rate). Citywide
RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract.
BACKGROUND: Bids were solicited from contractors for providing Earthmoving and Hauling
services based on non - prevailing wage rates for use by multiple City departments. The bid
required suppliers to provide hourly pricing for various pieces of equipment provided with
operator and without operator. For equipment provided with operator, pricing was based on
non - prevailing wage rates. The contract award is for a one year period; renewable annually
for four consecutive one -year periods at the City's option and upon mutually agreeable terms.
One (1) bid from Gilliam and Sons, Incorporated, Bakersfield, was received in response to
solicitation.
In October 2012, Council adopted Resolution #122-12 which exempts the City from paying
prevailing wage rates when local funds are used. Funds for this contract are budgeted within
the operating budgets of the Water Resources and Solid Waste Enterprise Funds and General
Funds for Recreation and Parks and locally funded Streets projects.
Also on tonight's agenda is a recommendation to award a contract to Gilliam and Sons for
earthmoving and hauling services based on prevailing wage rates for use by City departments
for projects utilizing State or Federal funding.
It is important to note that the bid specifications for the two separate bidding processes are
not identical and therefore the two dollar bid award amounts cannot be directly compared.
The two bids differ in both the types of equipment solicited and the estimated quantities
(number of hours) estimated for use. The work needs of the prevailing wage bid are strictly
road related in nature, where the work needs of the non - prevailing wage projects vary by
department and include anticipated project work for the Water Department, Solid Waste and
the Parks Department.
Staff finds the bid submitted by Gilliam and Sons, Incorporated, Bakersfield, to be acceptable
and recommends approval of the contract in the amount of $818,938.
Purchasing Division /kb
S: \PURCH\ADMIN\Admin 12 -13WC Earthmoving & Hauling (Non - Prevailing Wage Rate), 12- 13 -67, April 17, 2013.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9. 11.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /✓
DATE: April 4, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Graham Prewett, Incorporated ($144,000)
for Roof Replacement at City Hall South. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited for roof replacement at City Hall South. This project was bid
as a non - prevailing wage project. Two (2) bids were received in response to the solicitation.
This project will re -roof the east wing of City Hall South. The north and east wings were re-
roofed in fiscal year 2010 -2011. Many areas of the east wing roof and flashing are
deteriorating and water is ponding in several areas. Roof leaks have been addressed with
temporary patching until this project can be completed.
Capital Outlay Funds provide the funding source for this project.
Two (2) bids were received as follows:
Graham Prewett, Inc $144,000
Fresno, CA
Fresno Roofing Company, Inc. $182,300
Fresno, CA
Staff finds the low bid submitted by Graham Prewett, Incorporated to be acceptable and
recommends approval of the contract in the amount of $144,000.
Purchasing Division/kb
S:\PURCHWDMINWdmin 12- 13\Roof Replacement - City Hall South, 12- 13-69, April 17, 2013.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 I AGENDA SECTION: Consent Calendar
ITEM: (Z. MM
TO: Honorable Mayor and City Council APP_
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: April 4,201 3 CITY ATTORNEY �-
CITY MANAGER )e
SUBJECT: Accept bid and approve contract to American Incorporated ($134,700) for
Cooling Tower Replacement at City Hall South. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited for cooling tower replacement at City Hall South. This
project was bid as a non - prevailing wage project. Three (3) bids were received in response to
the solicitation.
The cooling tower for the air conditioning system for City Hall south is almost 30 years old and
has exceeded its useful life. The tower requires continual service and part replacements to
remain operational. The water basin cannot be properly cleaned due to deterioration. This
project will replace the cooling tower and prevent the eminent failure of the cooling system
and the continual leaking on the roof.
Capital Outlay Funds provide the funding source for this project.
Three (3) bids were received as follows:
American Incorporated $134,700
Visalia, CA
HPS Mechanical, Inc. $151,368
Bakersfield, CA
ACCO Engineered Systems, Inc. $183,009
Glendale, CA
Staff finds the low bid submitted by the amount of $13 ,,7D0.d to be acceptable and
recommends approval of the contract
Purchasing Division/kb
S:\PURCHWDMIN\Admin 12 -13 \Replace Cooling Tower - City Hall South, 12- 13-70, April 17, 2013.docx
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: le. A n .
TO:
FROM:
DATE:
SU13JECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
April 1, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Accept bid and approve contract to Cen -Cal Construction, Bakersfield (not to
exceed $309,164.60) for the construction of HUD curb and gutter. (Ward 1, 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited from contractors for the construction of curbs, gutters and
sidewalks in the areas of the city receiving HUD funding. This contract will provide for curb,
gutter and sidewalk construction in areas of Alta Vista and East California Avenue. Four bids
were received in response to solicitation.
The bids submitted are based on an estimated quantity of work multiplied by the contractor's
unit price. Funds are allocated in the Community Development Block Grant Entitlement for
this contract. There is no General Fund impact associated with this contract.
The total amount available for HUD funded street materials and curb and gutter construction is
$903,329. Staff recommends award of this contract to the low bidder in the amount of
$309,164.60. The balance of funds is being proposed for award to Granite Construction
Company HUD Street Materials also on tonight's agenda.
Cen -Cal Construction $309,164.60
Bakersfield, CA
DOD Construction $345,777.84
Bakersfield, CA
Terry Bedford Concrete Construction, Inc. $378,573.25
Bakersfield, CA
Griffith Company $457,994.27
Bakersfield, CA
Staff finds the low bid submitted by Cen -Cal Construction, Bakersfield, to be acceptable and
recommends approval of contract in the amount of $309,164.60.
Purchasing Division/kb
VPURCHIADMIMAdmin 12- 131Contract for HUD - Funded Curb and Gutter, 12- 13-80, April 17, 2013.docx
April 3, 2013, 8:09AM
MEETING DATE: April 17, 2013 AGEND,� SECTION: Consent Calendar
ITEM: . O 0.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: April 1, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Granite Construction Company,
Bakersfield (not to exceed $594,164.40) for the supply of HUD funded street
materials. (Ward 1, 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited for a contract to supply street materials used in the areas of
the city receiving HUD funding. The materials purchased under this contract will be utilized for
street rehabilitation in areas of Alta Vista, Oleander and East California. Two bids were
received in response to solicitation.
The bids submitted are based on an estimate of 12,000 tons of street materials to be picked up
by City forces; however, the contract shall not exceed the allocated amount of $594,164.40
currently available in the Community Development Block Grant Entitlement. There is no
General Fund impact associated with this contract.
The total amount available for HUD funded street materials and curb and gutter construction is
$903,329. This contract amount of $594,164.40 is the available balance after the proposed
award of the HUD funded curb and gutter contract to Cen -Cal Construction also on tonight's
agenda.
•
Granite Construction Company (County) $721,755
Bakersfield, CA
Bowman Asphalt, Incorporated (County) $770,775
Bakersfield, CA
Staff finds the low bid submitted by Granite Construction Company, Bakersfield, to be
acceptable and recommends approval of contract in the amount of $594,164.40.
Purchasing Division/kb
S:\PURCH\ADMIN\Admin 12 -13 \Contract for HUD - Funded Street Materials, 12- 13 -59, April 17, 2013.docx
April 2, 2013, 2:58PM
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 4 .9p.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March 29, 2013
APPROVED
DEPARTMENT HEAD AC
CITY ATTORNEY
CITY MANAGER S
Mill Creek Linear Park Sister City Gardens Phase B (Ward 2):
1. Accept bid and approve contract with Superior Construction ($799,500.00)
for project.
2. Appropriate and transfer $340,000 Property Tax Administration Fee Refund
from the General Fund to the Recreation and Parks Department's Capital
Improvement Budget within the Capital Outlay Fund for project.
RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract,
appropriation and transfer.
BACKGROUND: This project will construct new landscape improvements that are adjacent to
the Mill Creek Linear Park walking path, on the parcel located on the northwest corner of the
intersection of the path with 18th Street in downtown Bakersfield. Phase B will represent the
cities of Amritsar, India and Santiago De Quertaro, Mexico.
This project was previously bid in October 2012 with no bids received. The project was rebid a
second time in February 2013. The Engineer's Estimate for this construction contract was
$570,000. Several factors contributed to the variance between the Engineer's Estimate and
the bid amount. For instance, the contractors experienced difficulty in obtaining bids from
subcontractors for portions of work (i.e. fabrication of the gazebo). In addition, the variance
can also be attributed to the uniqueness of this project and the recent increase in construction
activity. Although the variance between the Engineer's Estimate and the bid amount is
significant, staff recommends award of this bid since the project was rebid a second time. Sister
City Phase B is the last remaining piece of the overall Sister City project.
On February 26, 2013, a total of two bids were received; one of those bids is acceptable. That
acceptable bid is as follows:
Superior Construction
4241 E. Brundage Lane
Bakersfield, CA 93307
in the amount of
$799,500.00
PW /Design Engineering /NSG /POC120
4/9/2013 9:52 AM
C: \Users\Iskinner\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \9USLPIAS \Mill Creek Linear Park- Sister City Gardens Phase
B.docx
ADMINISTRATIVE REPORT
One bid was deemed non - responsive because the contractor failed to satisfy the condition
that 30% of the work shall be done with the contractor's own forces.
Funding sources for this project include State Proposition 1 C funds and Housing Related Parks
State Grant revenue. An additional appropriation of $340,000 is required to fully fund this
project.
Public Works will administer construction of the project. There is no General Fund impact
associated with this project.
PW /Design Engineering /nsg
4/9/2013 9:52 AM
C:\ Users\ lskinner\AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \9USLPIASWIilI Creek Linear Park- Sister City
Gardens Phase B.docx
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: April 2, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $28,385 program income from the Downtown Project Area Housing
Fund to the Community Development Department's Operating budget within the
Downtown Project Area Housing Fund for payment of Housing Successor Agency
administrative expenses. (Ward 2)
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
In July 1999, the Bakersfield Redevelopment Agency (RDA) and Golden Empire Affordable
Housing, Inc. (GEAHI) entered into Agreement No. RA 99 - 1 for the construction, operation,
management, and maintenance, of an 80 unit affordable senior housing complex at the
northeast corner of 21St and "R" Streets (Park Place Senior Apartments). The RDA agreed to
provide a maximum deferred loan of $800,000 for the project. GEAHI was required to begin
making annual payments on the loan in year eleven, which would include the amortized interest
and principal payment. GEAHI has made annual principal and interest payments to the City
since January 2011 as required under the agreement.
In January 2013 GEAHI made its annual principal and interest payment to the City in the amount
of $28,385. Proceeds from the repayment of prior RDA loans are typically recorded as program
income and appropriated for use on housing successor agency related expenses for any current
projects. Therefore, staff is requesting approval to appropriate the $28,385 to the Community
Development Operating budget for payment of housing related administrative obligations for
the Creekview Villas Condominium project for utilities, security, and repair of two damaged air
conditioning units until that project is assigned to another developer. This appropriation of
program income will cover the unanticipated costs incurred by the City since the project was
deeded in lieu of foreclosure back to the City by the developer in December 2012.
S: \Dana \ADMINS \2013 \A PRIL\ 4- 17- Geahprogramincomeappropadmin. Doc
3/8/2013 11:15 AM
dwh
BAKE
Q� NCORYONo RS.�
ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: V rr.
TO: Honorable Mayor and City Council
FROM: Dianne Hoover, Director of Recreation & Parks
DATE: March 28, 2013
APPROVED
DEPARTMENT HEAD J/
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $190,000 North of the River's (NOR) Park Development Fees to the
Recreation and Parks Department's Capital Improvement Budget within the Park
Improvement Fund for the Riverlakes Park project (Ward 4).
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The Riverlakes Park is a North of the River (NOR) project. This park will be a 40 -acre community
facility located south of Centennial High School and west of Riverlakes Drive. NOR staff has
indicated this project needs additional funding to meet fiscal requirements. The City has
collected Park Development Fees on behalf of NOR and has held them in a separate trust
account within the Park Improvement Fund.
Additional appropriation is necessary in order to fund NOR's project. Staff recommends
appropriating $190,000 from NOR's Park Development Fees within the Park Improvement Fund to
the Riverlakes Park project. There are no General Fund impacts associated with this
appropriation.
iln
March 27, 2013, 12:08PM
C: \Users\sforsyth\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.0ut1ook \NKSE91 CG \Riverlakes Appropriation.doc
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: a , ss
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: March 22, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate and Transfer $150,000 in Property Tax Admin Fee R#und
revenues from the General Fund to the Recreation and Parks Department's
Capital Improvement Budget within the Capital Outlay Fund for capital
improvements to the Bright House Networks Amphitheater. (Ward 4)
RECOMMENDATION:
Staff recommends the appropriation and transfer.
BACKGROUND:
The Bright House Networks Amphitheater has seen a notable increase in average event
attendance over the past few years and the existing infrastructure (or lack thereof) can
no longer meet the demand of the larger crowds. Currently, the facility is booked for two
large events in June 2013, plus the annual concert series which has seen notable
increases in attendance; therefore completion of these projects prior to the beginning of
summer is critical to address multiple issues which diminish attendee experience at the
facility. Additionally, as management of the facility transitions to AEG in July 2013, staff is
expecting bookings to increase, thus furthering the need to move forward with these
projects in the near term.
The projects listed below will greatly improve the accessibility, efficiency and overall
guest experience at the venue:
1. Exlstlna Restroom EXpanslon (S92,000) - The one permanent restroom facility at the
venue does not adequately meet the user demand. Patrons experience long wait
times and subsequently miss portions of the show /event. This project would add
eight additional toilets and urinals - four women's and four men's.
2. Seatback Improvements 0,7.5001 _ One of the frequent complaints the City
receives about the venue is how uncomfortable the seatbacks are in the second
level seating area. The issues are a combination of the existing plastic- coated wire
mesh design and the angle of the seatbacks. This project would replace the
seatbacks with a more comfortable backing and adjust the angle of the
seatbacks.
ADMINISTRATIVE REPORT
Page 2
3. Miscellaneous Electrical, lighting and Concrete Work 1S20,0001 - Future
anticipated projects, such as the placement of temporary restrooms, require
certain electrical, lighting and concrete work to be in place prior to the
placement of and the public using such a facility at an event. This project will
construct concrete pads, walkways, electrical connections and lighting in
anticipation of the three portable restroom facilities being acquired in the future to
supplement the existing permanent restroom. The project will also trench and run
wiring to allow for future expansion of the sound system at the rear of the seating
area.
4. Temporary Venue Security Fencing (S10.500] - In an effort to provide open access
for park goers on non -event days, the Amphitheater does not have permanent
perimeter fencing which is customary for these types of venues to secure the site
during ticketed events. In the past, the management firm has erected rented
temporary fencing on event days to restrict access to ticketed attendees only.
Due to the varied topography and design of the venue, the fence rental, setup
and teardown process is costly and time - consuming. The cost is passed on to the
promoter, which can be a deterrent when planning an event at the venue. This
project would include the acquisition of a chain link fence system, as well as
construction of a sleeve and cap system so the fence can be put into place and
removed quickly. The fence system would be stored securely on site and the
sleeves would be capped when not in use to safely allow for regular park activity
and maintenance. The acquisition of such a system would reduce costs which
have historically been passed on to the promoter and provide greater access
control for on -site management.
Due to the one -time refund of excess property tax administrative fees, there is funding
available to complete these projects prior to the two large scheduled events in June and
many more anticipated thereafter.
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: g , +t
-
TO: Honorable Mayor and City Council
FROM: Douglas Greener, Fire Chief
DATE: March 29, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Appropriate and transfer $21,400 Fire Trust - Hazmat Penalty Funds to the Certified
Unified Program Agency (CUPA) Fund Operating Budget for the purchase of
Hazardous Materials Team (Haz -Mat) equipment including NIDS Biological Monitor,
Haz -Mat suits, a printer and Haz -Mat supplies. (All Wards)
RECOMMENDATION:
Staff recommends approval of appropriation and transfer.
BACKGROUND:
This Haz -Mat equipment purchase will replace existing equipment which has become obsolete
and will maintain Fire Department capabilities as a Type 1 Hazardous Materials Response Team.
The Smith Detection NIDS Biological Monitor will replace the existing RAMP 1000 biological tester
and increase our capabilities by 6 additional tests. The monitor is required for the Hazardous
Materials Response Team to test for biological agents such as Anthrax, Ricin, Pox and Botulism.
In addition, the Smith monitor has twice the longevity and fewer false positives as compared
with the RAMP 1000.
The four (4) Haz -Mat suits will replace one suit which has failed the leak test and three others
that are at the end of their 5 -year life expectancy.
The laser jet printer is a mobile all -in -one printer for use on the Haz -Mat Response Unit. The
various other supplies are required to maintain a State Certified Type 1 Hazardous Materials
Response Team, capable of responding to any Haz -Mat emergency, including terrorism events
involving weapons of mass destruction.
Haz -Mat Eguipment Amount
Smith Detection NIDS Biological Monitor $7,800
Haz -Mat Suite (4) 8,731
Printer 360
Haz -Mat Supplies 4,509
Total to be Appropriated and Transferred
S: \Crosby \Admin. Reports \Haz mat Penalty Account appropriation 04 17 13.docx
Penalty funds paid to the City, in accordance with the California Health & Safety Code section
25404.1.1(1) and held in the Fire Trust Hazmat Penalty account will be used to pay for this
purchase of Haz -Mat equipment. The Health and Safety Code allows for the expenditure of
these penalty funds for the activities of the CUPA including enforcement purposes in the
protection of health, safety and the environment.
Staff requests the appropriation and transfer of $21,400 Fire Trust Haz -Mat Penalty funds to the
CUPA fund operating budget for the purchase of Haz -Mat equipment including a Smith
Detection NIDS Biological monitor, 4 Haz -Mat suits, a laser jet printer and various supplies, tubes
and testers for the Hazardous Materials Response Unit, located at Fire Station # 15.
S: \Crosby \Admin. Reports \Haz mat Penalty Account appropriation 04 17 13.docx
BA
0� hcoxrox,r �iS'
ADMINISTRATIVE REPORT
9L1
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: � . LLU.
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director
DEPARTMENT HEAD
DATE: March 25, 2013
CITY ATTORNEY
CITY MANAGER _
SUBJECT: Budget and Finance Committee Report regarding FY 13/14 Community
Development Block Grant (CDBG - $2,713,993), HOME Investment Partnership
(HOME - $954,293), and Emergency Shelter Grant (ESG - $236,500) Annual Action
Plan submittal (Total - $3,904,786). (All wards)
RECOMMENDATION:
Staff recommends acceptance of the report, and authorization by the City Manager to execute
all necessary documents required to submit the Annual Action Plan to HUD.
BACKGROUND:
The Budget and Finance Committee met on February 25, 2013 to review and consider the
Annual HUD Action Plan for FY 2013 -14. The proposed FY 2013 -14 Annual Action Plan is the fourth
year of the Consolidated Plan 2015 and represents activities to be funded with Community
Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and
Emergency Solutions Grant (HESG) entitlements. The total funds available for FY 2013 -14 are
estimated to be $3,904,786, which represents $2,713,993 of CDBG funds (includes program
income of $7,000), $954,293 of HOME funds (includes program income of $30,000), and $236,500
of HESG funds.
A public notice was published on March 9, 2013 concerning the availability of the draft annual
Action Plan for a HUD required 30 -day citizen review and comment period. As part of the public
review and comment process, a public meeting was held on March 26, 2013, at which no
comments were recorded. The public review period concluded on April 8, 2013 and no public
comments were received on the proposed use of HUD funds for FY 13/14.
Under HUD regulations, the Annual Action Plan outlines the activities to be undertaken by the
City to address community development and housing needs identified in the five -year
Consolidated Plan adopted by City Council in May 2010. The attached table outlines the
proposed funding to address these needs by project /program for FY 13/14.
S: \Dana\ADMINS\2013\APRIL\4 -17- Action plan FY13- 14.doc
4/1/2013 2:41 PM rab
ADMINISTRATIVE REPORT Page 2
The deadline for submittal of the Action Plan to HUD is May 16, 2013. HUD will then have 45 days
to review the Action Plan for compliance with federal regulations. If the plan is found to be in
compliance, funds are expected to be available after July 1, 2013 for use by the City.
Staff has not yet received final funding amounts by program from HUD'. Funding amounts used
for the FY 13 -14 Action Plan represent an estimated ten percent reduction from the prior year's
allocation due to the impacts of federal sequestration. Any significant changes to program
funding will be placed on a future City Council agenda as a Substantial Amendment to the
Action Plan.
The Budget and Finance Committee unanimously supported the proposed HUD Action Plan for
next fiscal year and recommended staff to proceed with the public notice and forward the FY
2013 -14 CDBG, HOME and ESG annual spending plan to the City Council for review and
approval.
S: \Dana\ADMINS\2013WPRIL\4 -17- Action plan FY13- 14.doc
4/1/20132:41 PM
�,,tam.o.,r
,CY�C+13A1*�f
�a dY ADMINISTRATIVE REPORT
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: $ . vv.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: April 5, 2013
APPROVED
DEPARTMENT HEAD (3
CITY ATTORNEY
CITY MANAGER S
SUBJECT: Accept a State Farm "2013 Good Neighbor Citizenship" grant, in the amount of
$5,000; and appropriate the $5,000 contribution to the Police Department
operating budget in the General Fund to upgrade a dilapidated license plate
reader in the BPD Auto Theft Detail.
Staff recommends the acceptance of the grant money and the appropriation.
BACKGROUND:
The Bakersfield Police Department (BPD) has been awarded a "2013 Good Neighbor Citizenship"
grant in the amount of $5,000.00 from State Farm Mutual Automobile Insurance Company. The
Police Department will use this grant to upgrade an existing dilapidated license plate reader
(LPR) in the Auto Theft Detail.
One of the major benefits of LPR systems is that they automate detection of license plates
associated with stolen vehicles and other crimes. A mobile camera system mounted on police
vehicles recognizes plates in real time, compares them against a database of suspect vehicles,
and alerts the officer to any matches.
An appropriation of $5,000.00 to the General Fund Police Operating Budget is requested to
utilize grant funding from State Farm Mutual Automobile Insurance Company.
db Page 1 of 1
MEETING DATE: April 17, 2013 AGENDA SECTION: Successor Agency
ITEM: w ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD 4/5
DATE: April 4, 2013 CITY ATTORNEY A�
CITY MANAGER
SUBJECT: Receive and file successor agency payments from March 8, 2013 to
April 4, 2013 in the amount of $2,807,780.68
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G\ADMIN — SA \COUNCIL- ADMIN- SA- 2013\ADMIN—SA 04- 17- 13.doc
MEETING DATE: April 17, 2012 AGENDA SECTION: CONSENT CALENDAR HEARINGS
ITEM: A . Q .
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: April 5, 2013
APPROVED
DEPARTMENT HEAD I M1
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing on Resolution of Necessity to determine the public interest and
necessity for acquisition of certain real property in northeast Bakersfield (APN
435 - 010 -12) to develop and construct Morning Drive south of State Route 178
to College Avenue, Bakersfield, California. (Code Civ. Proc. § 1240.010)
(Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Resolution of Necessity.
The Project: Rio Bravo Investment Group, LLC ( "RBIG ") is developing a cancer center as part of
its development of Parcel Map 11894 (the "Map ") at the southwest corner of SR 178 and the
proposed extension of Morning Drive (the "Project "). In approving the Map, the City required
RBIG to construct two lanes of Morning Drive from the proposed SR 178 interchange with
Morning Drive to College Avenue to the south. In order to allow for the future extension of
Morning Drive to a full arterial street and to maintain the integrity of Morning Drive and provide
for the proper drainage of storm waters from Morning Drive, the City required that RBIG provide
the City with a full right -of -way including slope and drainage easements on the properties
adjacent to the portion of Morning Drive RBIG was obligated to construct. The City has already
been provided with the majority of the required easements on the west side of Morning Drive
but has been unable to secure the easements on the east side. There is also one small portion
of the west side from which the City requires the right -of -way and easements.
The Property to be Acquired: The property required on the west side of Morning Drive is legally
described in Exhibit "1" to the attached Resolution of Necessity ( "RON ") and identified as Kern
County Assessor's Parcel Number 435 - 010 -12 and includes the necessary right -of -way and
easements (the "Property "). Hussain H. Rashik is the owner of the Property. The Property is
I
pproximately 8,363 square feet in size, is unoccupied and undeveloped, and will not require
the relocation of any owners or occupants.
Findinas: In order to acquire property from a property owner, the City must adopt a RON
authorizing the initiation of an eminent domain action. (Code Civ. Proc. § 1245.220.) In
adopting the RON, the Council must find that the following "pre- condemnation" requirements
are met. (Code Civ. Proc. § 1245.230.) Here, each of these requirements is met:
�I III.111 i.
ADMINISTRATIVE REPORT
1. The Public Interest and Necessity Require the Project.
The Circulation Element of the Bakersfield General Plan identifies Morning Drive an arterial street
in order to assist in general traffic flow and circulation in the northeast section of the City as
development expands into that area. The portion of Morning Drive to be constructed by RBIG
will allow motorists traveling on SR 178 or College Avenue to more easily access the businesses
and residences to the north and south of SR 178. Further, connecting Morning Drive between SR
178 and College Avenue will facilitate the planned growth in adjacent developing areas.
2. The Project is Planned or Located in the Manner that Will Be Most Compatible with the
Greatest Public Good and the Least Private Injury.
The City has had a limited right -of -way for this portion of Morning Drive since at least 1955. It has
been designed to promote efficient access to SR 178 from College Avenue and the
developments adjacent to Morning Drive. Once this portion of Morning Drive is completed,
adjacent property owners will enjoy crucial access south to College Avenue and north to SR
178, providing new opportunities for development.
3. The Property is Necessary for the Proposed Project.
Given the topography of the area, the construction of this portion of Morning Drive requires
slope easements which extend the right -of -way into the adjacent hills for construction
purposes. Additional drainage easements are necessary for the routing of storm water within
the hills next to Morning Drive.
4. The Offer Required by Section 7267.2 of the California Government Code was Made to
the Owner of Record of the Property.
The City engaged an independent licensed appraiser to appraise the Property and to
determine just compensation based on the Property's "Fair Market Value." A written offer at
the full amount of appraised just compensation ($1,000) was made to the property owner on or
about February 1, 2013. The offer included an Appraisal Summary Statement and other
information required by section 7267.2 of the California Government Code.
The Process: If the Resolution is adopted, the City will:
1. File an eminent domain action in Kern County seeking the necessary interests in the
Property;
2. Request that the court grant early possession of the Property; and
3. If necessary, proceed with the eminent domain action through trial to determine any
unresolved issues, including just compensation.
Throughout the process, the City will remain open to an informal resolution of the matter without
the need for litigation.
AH:Isc
S: \COUNCIL \Admins\ 12 -13 Admins \RON.RioBravoRashik.docx
MEETING DATE: April 17, 2012 AGENDA SECTION: CONSENT CALENDAR HEARINGS
ITEM:
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: April 5, 2013
APPROVED
DEPARTMENT HEAD A
CITY ATTORNEY_
CITY MANAGER -&
SUBJECT: Public hearing on Resolution of Necessity ( "RON ") to determine the public
interest and necessity for acquisition of certain real property in northeast
Bakersfield (APNs 533 - 011 -07, 08 & 25) to develop and construct Morning Drive
south of State Route 178 to College Avenue, Bakersfield, California. (Code
Civ. Proc. § 1240.010) (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
The Protect: Rio Bravo Investment Group, LLC ( "RBIG ") is developing a cancer center as part of
its development of Parcel Map 11894 (the "Map ") at the southwest corner of SR 178 and the
proposed extension of Morning Drive (the "Project "). In approving the Map, the City required
RBIG to construct two lanes of Morning Drive from the proposed SR 178 interchange with
Morning Drive to College Avenue to the south. In order to allow for the future extension of
Morning Drive to a full arterial street and to maintain the integrity of Morning Drive and provide
for the proper drainage of storm waters from Morning Drive, the City required that RBIG provide
the City with a full right -of -way including slope and drainage easements on the properties
adjacent to the portion of Morning Drive RBIG was obligated to construct. The City has already
been provided with the majority of the required easements on the west side of Morning Drive
but has been unable to secure the easements on the east side. There is also one small portion
of the west side from which the City requires the right -of -way and easements.
The ProRertY to be Acaulred: The property required on the east side of Morning Drive is legally
described in Exhibit "1" to the attached Resolution of Necessity ( "RON ") and identified as Kern
County Assessor's Parcel Numbers 533 - 011 -07, 08 & 25 and includes the necessary right -of -way
and easements (the "Property "). S & J Alfalfa is the owner of the Property. The Property is
approximately 3.19 acres in size, is unoccupied and undeveloped, and will not require the
relocation of any owners or occupants.
Findinas: In order to acquire property from a property owner, the City must adopt a RON
authorizing the initiation of an eminent domain action. (Code Civ. Proc. § 1245.220.) In
adopting the RON, the Council must find that the following "pre- condemnation" requirements
are met. (Code Civ. Proc. § 1245.230.) Here, each of these requirements is met:
ADMINISTRATIVE REPORT
, .
1. The Public Interest and Necessity Require the Project.
The Circulation Element of the Bakersfield General Plan identifies Morning Drive an arterial street
in order to assist in general traffic flow and circulation in the northeast section of the City as
development expands into that area. The portion of Morning Drive to be constructed by RBIG
will allow motorists traveling on SR 178 or College Avenue to more easily access the businesses
and residences to the north and south of SR 178. Further, connecting Morning Drive between SR
178 and College Avenue will facilitate the planned growth in adjacent developing areas.
2. The Project is Planned or Located in the Manner that Will Be Most Compatible with the
Greatest Public Good and the Least Private Injury.
The City has had a limited right -of -way for this portion of Morning Drive since at least 1955. It has
been designed to promote efficient access to SR 178 from College Avenue and the
developments adjacent to Morning Drive. Once this portion of Morning Drive is completed,
adjacent property owners will enjoy crucial access south to College Avenue and north to SR
1,78, providing new opportunities for development.
3. The Property is Necessary for the Proposed Proiect.
Given the topography of the area, the construction of this portion of Morning Drive requires
slope easements which extend the right -of -way into the adjacent hills for construction
purposes. Additional drainage easements are necessary for the routing of storm water within
the hills next to Morning Drive.
4. The Offer Required by Section 7267.2 of the California Government Code was Made to
the Owner of Record of the Property.
The City engaged an independent licensed appraiser to appraise the Property and to
determine just compensation based on the Property's "Fair Market Value." A written offer at
the full amount of appraised just compensation ($6,600) was made to the property owner on or
about February 1, 2013. The offer included an Appraisal Summary Statement and other
information required by section 7267.2 of the California Government Code.
The Process: If the Resolution is adopted, the City will:
1. File an eminent domain action in Kern County seeking the necessary interests in the
Property;
2. Request that the court grant early possession of the Property; and
3. If necessary, proceed with the eminent domain action through trial to determine any
unresolved issues, including just compensation.
Throughout the process, the City will remain open to an informal resolution of the matter without
the need for litigation.
AH:Isc
S: \COUNCIL \Admins \12 -13 Admins \RON.RioBravoSBJ.docx
MEETING DATE: April 17, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM: 0q.C.
TO: Honorable Mayor and City Council APPROVED
FROM: Art Chianeilo, Water Resources Manager DEPARTMENT HEAD
DATE: April 5, 2013
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing to consider an adjustment to the Water Availability Fee for the City of
Bakersfield Domestic Water system. (Portions of Wards No. 4, 5, 6 & 7)
Resolution setting Domestic Water Availability Fee for Ashe, Fairhaven and
Riverlakes Ranch service areas of City of Bakersfield Water System.
RECOMMENDATION: Water Board recommends adoption of resolution.
BACKGROUND: California Government Code Section 66016 requires that increases in existing fees
and charges be adopted by ordinance or resolution following a public hearing. It also requires a local
agency to hold at least one open and public meeting regarding the increase. A public hearing to accept
testimony regarding the fee increase is scheduled to be held before the Council of the City of Bakersfield
on Wednesday, April 17, 2013. A notice of public hearing on the proposed increase in the domestic Water
Availability Fee on the City of Bakersfield Domestic Water System was published twice in the local general
circulation newspaper on April 2nd and April 7th. As of April 5, 2013, the City Clerk and or Water
Resources Department have not received any letters protesting or commenting on the fee increase.
The current Water Availability Fee charged to ensure water will be available for new development (cost of
funding water well construction, water mainline extensions etc.) is $5,737 per acre. The per acre fee is
approximately equivalent to an increase in the one -time charge of $25 on a single family dwelling. The
new Water Availability Fee is to be set at $5,824 per acre to offset increased cost over last year in
accordance with the construction cost index as defined in the Bakersfield Municipal Code. The new fee will
increase 1.5% and is proposed to be effective June 1, 2013. The fee has not been adjusted since March
1, 2012.
The proposed increase in the water availability fee was presented by Water Resources staff to the Water
Board at its March 13, 2013 public meeting. The Water Board unanimously approved the fee increase and
recommended that the resolution be forwarded to the City Council for adoption setting the domestic water
availability fee following a noticed public hearing.
S:\2013 ADMIN REPORTS \Apr1117avallFeeinc.doc \MR
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 20, 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. ROLL CALL
Present: Vice -Mayor Weir, Councilmembers
Maxwell, Smith, Hanson, Johnson
Absent: Mayor Hall, Sullivan
City Clerk Gafford announced that at the request of staff,
Closed Session Item a.l ., Existing Item of Litigation in the
matter of City vs. MVB Holdings, was being pulled from the
Agenda.
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) for
the following:
ACTION TAKEN
1. City v. MVB Holdings, LLC, et al., Tulare REMOVED BY STAFF
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 Section 54956.9 (d) (4)
3.
4.
5.
Bakersfield, California, March 20, 2013 - Page 2
CLOSED SESSION continued ACTION TAKEN
Motion by Councilmember Hanson to adjourn to APPROVED
Closed Session at 3:33 p.m.
Motion by Councilmember Hanson to adjourn from APPROVED
Closed Session at 5:09 p.m.
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) for
the following:
1. City v. MVB Holdings, LLC, et al., Tulare REMOVED BY STAFF
County Superior Court Case No. VCU 12-
247560.
2. Ronnie Moats, et al. v. City, et al., Kern CITY ATTORNEY WAS
County Superior Court Case No. S -1500- GIVEN DIRECTION
CV- 275150 SPC
3. Joe R. Slaughter, et al. v. City, et al., Kern CITY ATTORNEY WAS
County Superior Court Case No. S -1500- GIVEN DIRECTION
CV- 271472 LHB
b. Conference with Legal Counsel - Initiation of
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (4)
CITY ATTORNEY GENNARO ANNOUNCED COUNCIL
APPROVED THE TERMS OF THE MOST RECENT
CORRESPONDENCE FROM THE CITY ATTORNEY TO THE
COUNTY WITH REGARD TO THE FIRE JPA
ADJOURNMENT
Vice -Mayor 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
Bakersfield, California, March 20, 2013 - Page 3
REGULAR MEETING - 5:18 p.m.
ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None.
City Clerk Gafford announced that at the request of staff,
Consent Calendar Item 8.w., regarding State Route 184 at
Bedford Drive, has been pulled from the Agenda.
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.
Mayor Hall acknowledged the students from the Bakersfield
College political science class in attendance at the meeting
to learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Darrelyn Kundinger, President of Bakersfield
Women's Club, declaring March, 2013 Youth
Art Month.
Ms. Kundinger accepted the Proclamation,
made comments and extended an invitation to
their Student Art Exhibit on March 26, 2013 at
the Women's Club located at 2030 18TH Street.
b. Presentation by Mayor Hall of a Proclamation to
Renee Stancil, representing the Boys and
Girls Club of Kern County, declaring April 7 -13,
2013 National Boys & Girls Club Week.
Mayor Hall announced that the Boys & Girls
Club, in collaboration with PG &E, will be
offering a "Summer Jobs" program on
Wednesday, March 27TH, for the youth of our
community.
Ms. Stancil accepted the Proclamation, made
comments, and submitted written material.
ACTION TAKEN
Bakersfield, California, March 20, 2013 — Page 4
5. PUBLIC STATEMENTS ACTION TAKEN
a. Dustin Reilich, with HERO Financing, spoke
support of the California Enterprise
Development Authority Property Assessed
Clean Energy program and asked Council to
look into the HERO Financing program as
another Property Assessed Clean Energy
(PACE) financing option.
Councilmember Johnson asked staff to look
into offering the HERO Financing Program as
another option for our citizens.
b. Mark DeVries, with One Hour Heating and Air
Conditioning, spoke in support of the HERO
Financing Program.
C. Ursus Luxton, spoke in support regarding the
need for the City to provide its citizens with a
basic summary outlining the services offered by
Code Enforcement.
d. Belinda Mattly, spoke regarding an issue in her
neighborhood with squatters breaking into
vacant homes and holding large parties; and
she feels that the Police Department did not
protect or serve them, so she contacted her
Councilmember.
Councilmember Johnson explained that Ms.
Mattly's issue is part of a larger problem that is
occurring as a result of AB109 and prison
realignment which is creating more crimes in
our communities; this matter will be discussed
at the April 5th Safe Neighborhoods Committee
meeting; and the Police Department has
assured him that Ms. Mattly's neighborhood will
receive special attention in response to calls.
e. Brennan Ott spoke regarding an internet
gaming casino that is located next to his
business and in other areas of Bakersfield as
well; explained that this type of business
attracts unsavory people who cause a public
safety concern as well as create an issue of
trash and vandalism; and he requested that
these businesses be investigated.
Bakersfield, California, March 20, 2013 — Page 5
5. PUBLIC STATEMENTS continued ACTION TAKEN
Item 5.e. continued
Councilmember Johnson explained to Mr. Off
that the Issue he spoke about was referred to
staff and that BPD Is closely working on it, he
also asked that this Issue be referred to the Safe
Neighborhoods Committee to discuss and
determine If It Is linked to any of the organized
crime and gang activity In the area.
Councllmember Maxwell stated he brought up
a similar issue taking place In the shopping
center located on Oak Street near Pizzaville, at
the last Council meeting, he asked to have the
City Attorney send a letter to the property
owners pointing out the way they can break a
lease Is if there Is Illegal activity occurring there.
Steve Tadlock, with SMG, spoke in protest of an
agreement with AEG for management of civic
facilities; explained concerns as outlined in the
protest letters submitted and questioned why
SMG was not given the opportunity to enter
into a 10 year contract; and requested further
review of the submittals before the contract is
awarded.
g. Cindy Parra, Planning and Policy Director at
Bike Bakersfield, thanked the City of Bakersfield
for adopting new bicycle parking standards;
thanked the City for the resolution to pursue the
Safe Routes to School Grant; and applauded
the City's efforts to encourage bicycling as an
alternative transportation by installing better
infrastructure and promoting bicycle education
in schools.
h. Tim Palmquist, spoke in support of a Human Life
Ordinance; and submitted written material on
behalf of Marvin Dean regarding various
agenda items.
Counciimember Sullivan asked that Mr.
Palmquist's suggestion be referred to the
Legislative and Litigation committee to address
the issue, discuss the points and determine if
the City would be protected.
Bakersfield, California, March 20, 2013 — Page 6
5. PUBLIC STATEMENTS continued ACTION TAKEN
The following individuals spoke in support of an
ordinance regarding safe and affordable
access of medical cannabis for qualified
patients: Phil Ganong, and Dr. Jeffrey C. Raber,
on behalf of The Werc Shop, Inc (provided an
overhead presentation and submitted written
material).
The following individuals spoke regarding
homelessness and provided an update from
the Home First 12 Project: Jim Wheeler,
Chairman of the Kern County Homeless
Collaborative Steering Committee; and Kim
Albers.
6. WORKSHOPS
None.
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.
City Clerk Gafford announced that
applications were received from Scott Fieber
and Mark Bateman.
Ward 2
Fieber
Ward 3
Fieber
Ward 4
Fieber
Ward 5
Fieber
Ward 6
Fieber
Ward 7
Bateman
Motion by Vice -Mayor Weir to reappoint
Scott Fieber to a 3 -year term on the Historic
Preservation Committee, which term will expire
March, 2016.
8.
Bakersfield, California, March 20, 2013 — Page 7
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 6, 2013
Regular City Council Meetings.
Payments:
b. Receive 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.
d. 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 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 and Bernard Streets
(ZC # 12 -0264, Scott Underhill, representing
Bruce and Melanie Lynn, the property owners).
(FR 02113113)
e. 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 /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 owners). (FR 02/13/13)
ACTION TAKEN
REFERRED TO
LEGISLATIVE AND
LITIGATION
COMMITTEE
ORD 4720
ORD 4721
8.
Bakersfield, California, March 20, 2013 — Page 8
CONSENT CALENDAR continued ACTION TAKEN
Adoption of Ordinance adopting a Negative ORD 4722
Declaration and amending the Official Zoning
Map in Title 17 of the Municipal Code by
changing the zone district from R -1 (One Family
Dwelling) to R -2 (Limited Multiple Family
Dwelling) on 56.19 acres located south of
Panama Lane, approximately 700 feet west of
Stine Road on the west side of Farmers Canal
(ZC # 12 -0349, McIntosh & Associates,
representing Black Ops Real Estate, LLC, the
property owners). (FR 02/13/13)
g. Adoption of Ordinance adopting a Negative ORD 4723
Declaration and amending the Official ABS SMITH
Zoning Map in Title 17 of the 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 Highway, 660 feet
west of Allen Road (ZC #12 -0372, McIntosh &
Associates, representing Black Ops Real Estate,
LLC, the property owners). (FR 02113113)
h. Adoption of Ordinance adopting a Negative ORD 4724
Declaration and amending the Official Zoning
Map in Title 17 of the Municipal Code by
changing the zone district from A (Agriculture)
to E (Estate) on 27.56 acres at the southeast
corner of Snow Road and Quail Creek Road.
(ZC # 12 -0373, McIntosh & Associates,
representing Buckey Family L.P., the property
owners). (FR 02/13/13)
Resolutions:
California Enterprise Development Authority REMOVED FOR
Property Assessed Clean Energy Program SEPARATE
(CEDA): CONSIDERATION
1. Resolution approving associate
membership by the City in the CEDA
Program and authorizing and directing
the execution of an associate
membership agreement with CEDA.
8.
Bakersfield, California, March 20, 2013 — Page 9
CONSENT CALENDAR continued ACTION TAKEN
Item 8.i. continued
2. Associate Membership Agreement with
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 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
participation agreement with CEDA.
4. Participation Agreement in CEDA PACE
Program.
j. Resolution authorizing the Community RES 030 -13
Development Director to submit a grant
application to the California Department of
Transportation for the preparation of a Safe
Routes to School Plan.
Resolution determining that replacement parts RES 031 -13
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
parts from Power Management, Inc., not to
exceed $85,000.
Disposal of Real Property:
1. Resolution declaring real property RES 032 -13
located at 9110 Bridget Leigh Way
surplus to the needs of the City.
2. Agreement with Smith Elfada ($10,100) to AGR 13 -031
purchase said property. DEED 7614
8.
Bakersfield, California, March 20, 2013 - Page 10
CONSENT CALENDAR continued ACTION TAKEN
M. Resolutions adding the following territories to
the Consolidated Maintenance District and
approving, confirming and adopting the Public
Works Director's Reports and authorizing
collection of the assessments by the Kern
County Tax Collector.
1. Area 4-112 (101 S. Union Avenue) RES 033 -13
2. Area 4 -113 (501 & 503 E. 21 S' Street) RES 034 -13
Agreements:
n. Final Map and Improvement Agreement with AGR 13 -032
Summit Capital Ventures, Inc., (owner) and ABS SMITH
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.
o. Final Map and Improvement Agreement with AGR 13 -033
Castle and Cooke California, Inc., for Tract 6448
Unit 6 located south of Stockdale Highway and
west of Renfro Road.
P. Amendment No. 9 to Agreement No. 92 -154 - AGR 92- 154(9)
City Manager's Contract.
q. Amendment No. 5 to Agreement No. 10-063 AGR 10- 063(5)
with Pavement Recycling Systems, Inc.
($400,000: revised not to exceed $1,342,000 and
extending term one year) to the annual
contract for Cold Planing.
Amendment No. 3 to Agreement No. 11 -127 AGR 11- 127(3)
with Thyssenkrupp Elevator Corporation
($50,000; revised not to exceed $160,000 and
extending term one year) for elevator
maintenance.
S. Amendment No. 1 to Agreement No. 12 -042 AGR 12- 042(1)
with Stinson Stationers, Inc. ($300,000; revised
not to exceed $560,000 and extending term
one year), for office supplies.
t. Amendment No. 1 to Agreement No. 12 -061 REMOVED FOR
with Bowman Asphalt, Inc. ($1,000,000; revised SEPARATE
not to exceed $2,000,000 and extending term CONSIDERATION
one year), for asphalt rejuvenator /sealant.
E1
Bakersfield, California, March 20, 2013 — Page 11
CONSENT CALENDAR continued
U. Amendment No. 1 to Agreement No. F12 -004
with Kern Security Systems, Inc. ($65,000; revised
not to exceed $105,000 and extend agreement
until June 2014), for the security guard services
provided at 18th & Eye Street Parking Garage.
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 $165,404, and $6,659
decrease; revised not to exceed $30,937) for
modifying loan documents based on final
certification for lighting retrofit project at
Rabobank Arena and Convention Center.
W. State Route 184 at Bedford Green Drive:
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 of the project.
2. Amendment No. 1 to Cooperative
Agreement No. 1 1 -151 with the State of
California Department of Transportation
(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. Appropriate $10,900 State share of
project cost to the Public Works
Department's Capital Improvement
budget within the Gas Tax Fund.
X. Westside Parkway Phase 2 (TRIP):
1. 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.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 12- 088(1)
AGR 12- 089(1)
REMOVED BY STAFF
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, March 20, 2013 — Page 12
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.x. continued
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.
Bids:
Y. Accept base bid plus Additive Alternate No. 1 AGR 13 -035
and approve contract with Griffith Company
($854,673), for street improvements on
Masterson Street from SR 178 to Panorama
Drive.
Z. Accept bid and approve contract with AGR 13 -036
Precision Fertilizer Spreading (not to exceed
$124,250) for the annual provision - 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 S'
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 (Budget & Finance
Committee):
1. Comprehensive Annual Financial Report
(CAFR).
2. Agreed Upon Conditions Report.
3. Single Audit Report - Schedule of
Federal Expenditures for the City.
Bakersfield, California, March 20, 2013 - Page 13
8. CONSENT CALENDAR continued
Item 8.bb. continued
4. Independent Auditor's Report -
Compliance with Contractual
Requirements relative to the Bakersfield
Subregional Wastewater Management
Plan.
5. Independent Auditor's Report on
Appropriations Limit Worksheet (GANN
Limit) of the City.
6. Independent Auditor's Report -
Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center &
Bright House Networks Amphitheatre.
CC. Siemon Park Splash Pad Project Funding:
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 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 Acquisition
Fund balance (Central Zone 2) to the
Parks Department Capital Improvement
budget within the Park Development
Fund for the project.
dd. Mid -Year Appropriations for Various Divisions
within the Public Works Department:
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.
ACTION TAKEN
Bakersfield, California, March 20, 2013 - Page 14
8. CONSENT CALENDAR continued
Item 8.dd. continued
2. Appropriate $115,000 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.
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.
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 comply with a General
Order issued by the State Regional Water
Quality 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.
City Clerk Gafford reiterated that staff submitted a
memorandum requesting that item 8.w. be removed
from the agenda.
Councilmember Johnson requested that item 8.1. be
removed for separate consideration.
Councilmember Smith announced he would
abstain, due to conflict of interest, interest in real
property nearby, on items 8.g. and 8.n.
Councilmember Maxwell requested that items 81,
8.u., and 8.x. be removed for separate consideration.
ACTION TAKEN
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.ee. with the removal of
Items 8.1., 81, 8.u., and 8.x. for separate consideration,
and the deletion of item 8.w.
8.
Bakersfield, California, March 20, 2013 - Page 15
CONSENT CALENDAR continued ACTION TAKEN
i. California Enterprise Development Authority
Property Assessed Clean Energy Program
(CEDA):
Resolution approving associate
membership by the City in the CEDA
Program 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 in the Kern County Property
Assessed Clean Energy Program to
finance distributed generation
renewable energy sources and energy
and water 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
participation agreement with CEDA.
4. Participation Agreement in CEDA PACE
Program.
Motion by Councilmember Johnson to continue APPROVED
Consent Calendar item 8.1. to the next meeting, and
asked staff to review how the State Treasurer is
handling these programs.
t. Amendment No. 1 to Agreement No. 12 -061 AGR 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.
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar Item 8.t.
Bakersfield, California, March 20, 2013 — Page 16
8. CONSENT CALENDAR continued ACTION TAKEN
U. Amendment No. 1 to Agreement No. F12 -004 AGR 13 -034
with Kern Security Systems, Inc. ($65,000; revised
not to exceed $105,000 and extend agreement
until June 2014), for the security guard services
provided at 18'" & Eye Street Parking Garage.
Motion by Councilmember Maxwell to adopt Consent
Calendar item 8.u.
Councilmember Johnson suggested, as a friendly
amendment, that at the end of the term we request It
go out for RFP.
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar Item 8.u., with the friendly amendment from
Councilmember Johnson regarding the RFP process
at the end of the contract term.
X. Westside Parkway Phase 2 (TRIP):
Contract Change Order Nos. 78 and 111 AGR 09 -076
to Agreement No. 09 -076 with Security CCO78, CCOI I I
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
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar Item 8.x.
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
10. HEARINGS
None.
City Clerk Gafford announced that staff has requested New
Business item 13.a. be moved forward on the agenda.
Bakersfield, California, March 20, 2013 - Page 17
13. NEW BUSINESS ACTION TAKEN
a. Facilities Management Agreement with AEG AGR 13 -038
Management Bakersfield, LLC, for services for
Rabobank Arena, Theater and Convention
Center; Bright House Networks Amphitheater;
and San Joaquin Community Hospital Ice Sports
Center.
City Manager Tandy made staff comments and gave
special recognition to Rhonda Smiley and Andrew
Heglund for their help with the project.
City Clerk Gafford announced for the record, that
staff submitted a memorandum transmitting additional
backup material on this item: two bid protest letters
from SMG, accompanied by staff's response to those
letters; and a corrected page 7 to the AEG
Management Agreement.
Finance Director Smith made additional staff
comments.
Chris Wright, Regional Vice President of AEG
Management, made comments and provided a
video presentation showing the scope of services,
activities and entertainment that AEG Management
represents.
City Manager Tandy made additional staff comments
and recommended approval of the agreement.
Mayor Hall recessed the meeting at 6:58 p.m. and
reconvened the meeting at 7:06 p.m.
Motion by Vice -Mayor Weir to approve New Business
Item 13.a.
At the request of Councilmember Hanson, Steve
Tadlock, with SMG, made comments and requested
further review and analysis before awarding the
contract for management of City facilities.
Motion by Vice -Mayor Weir to approve New Business APPROVED
item 13.a.
11.
12.
13.
Bakersfield, California, March 20, 2013 — Page 18
REPORTS
a. Exclusive Negotiation Agreement with Golden
Empire Affordable Housing, Inc. II, for the
development of 56 units of affordable veterans
and senior housing units located at 424 20th
Street.
Councilmember Johnson announced he would
abstain due to conflict of interest, perception of a
conflict, on item 11.a., and he left the Council
Chamber.
Councilmember Sullivan left the meeting at this time.
Community Development Director Doug Mclsaac
made staff comments and recommended approval
of the agreement.
Motion by Councilmember Maxwell to approve
Reports item 11.a.
DEFFERED BUSINESS
None.
NEW BUSINESS
a. Facilities 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.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson returned to the meeting at
this time.
Councilmember Johnson requested that staff provide
a list of letters of support regarding the City's submittal
for various grant requests, so he can acknowledge
them publicly.
Councilmember Smith thanked staff for their help on
the creation of new bicycle standards and bike lane
resurfacing projects; specifically recognizing Jim
Eggert, Nick Fidler and Ryan Starbuck.
ACTION TAKEN
AGR 13 -037
APPROVED
ABS JOHNSON
AB SULLIVAN
MOVED FORWARD
ON AGENDA
(SEE PAGE 17)
Bakersfield, California, March 20, 2013 - Page 19
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Maxwell thanked City Attorney
Gennaro and the Police department for handling the
concerns of Nora Weber over Marijuana Shops in her
neighborhood.
Councilmember Maxwell asked that the Issue of
window signage be referred to the Legislative and
Litigation Committee to look Into what the ordinances
are and N there needs to be a change.
Councilmember Maxwell asked that the right to life
ordinance be referred to the Legislative and Litigation
Committee for review and to come back to the City
Council.
Mayor Hall recognized City Manager Tandy, Assistant
to the City Manager Smiley, City Attorney Gennaro
and all the staff who worked on the facilities
management agreement and RFP process.
Mayor Hall announced that there has been good
progress on the developing of contracts with the
Bakersfield Homeless Center and Caltrans, in regards
to new litter pick up areas; he expressed his belief that
these agreements will allow more opportunities to pick
up litter on our local freeways; he stated that Kern
Council of Governments will be holding a meeting
open for public input tomorrow night, and that he will
be in attendance to offer his support of their
commitment to continue funding this program; and he
recognized Sal Moretti from the Public Works
Department, for his role in facilitating the City's interest
In this project.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:46 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Bakersfield, California, March 20, 2013 — Page 20
* ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **