HomeMy WebLinkAbout05/15/13_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETINGS OF MAY 15, 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. WORKSHOPS
a, Department Budget Presentations:
1, Public Works
2. Community Development
3. Water Resources
4. CLOSED SESSION
a, Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (4) (one potential case).
5. CLOSED SESSION ACTION
6. ADJOURNMENT
REGULAR MEETING -5:15 P.M.
1. ROLL CALL
2. INVOCATION by Minister Tour6 Tyler, The Cross Christian Church.
3. PLEDGE OF ALLEGIANCE by Jayden Burton, 1 s+ grade student at Independence Elementary
School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Jonathan Moo, Bike Bakersfield
Education Coordinator, declaring May 2013, Bike Month and May 17, 2013, as Bike to
Work Day.
b. Presentation by Mayor Hall of (Pads to Green Expo Recycled Material Art Facebook
Contest Winners Pablo Castro, Arlete Monreal, Katrina Rocha, Luz Murataya and
Kenia Jimenez,
S. PUBLIC STATEMENTS
6. WORKSHOPS
(10 min) a. Kern Council of Government's Regional Transportation Plan, Sustainable
Communities Strategy. (Presentation by Robert Ball, Kern COG Planning Division Director.)
b. Department Budget Presentation:
Police Department
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 1, 2013 Regular City Council Meetings.
Payments:
b. Receive and file department payments from April 19, 2013, to May 2, 2013, In the
amount of $9,271,897.20 and self- Insurance payments from April 19, 2013, to May 2,
2013, In the amount of $195,699.87 totaling, $9,467,597.07.
Ordinances:
C. First Reading of Ordinance amending the text of various sections of Chapter 17.60 of
the Municipal Code relating to signs.
(Ward 6) d. Adoption of Ordinance amending Municipal Code Section 1.12.060 by adding
Annexation No. 556 located along the west side of Stine Road, on the north and
south sides of Taft Highway to Ward 6. (FR 05101113)
Resolutions:
e. Resolution in opposition of Assembly BIII 5 which would establish the "Homeless
Person's BIII of Rights and Fairness Act ".
(Ward 7) f. Emergency Sewer Repairs on Stine Road, South of Panama Lane, at the Arvin Edison
Canal:
Resolution dispensing with bidding procedures due to emergency sewer
repairs, and authorizing Rain for Rent and W. M. Lyles Company to perform
necessary repairs, not to exceed $500,000.
2. Appropriate $500,000 Sewer Enterprise Fund balance (Wastewater Treatment
Plant No. 3) to the Public Works Department's Capital Improvement budget.
g. Resolution of Intention No. 1744 preliminarily adopting, confirming and approving the
Public Works Director's Report for the Consolidated Maintenance District (CMD) and
the 2013 -2014 budget and setting the time and place for hearing protests on the
amount of park landscaping assessments to be levied throughout the CMD.
h. Resolution of Intention No. 1745 preliminarily adopting, confirming and approving the
Public Works Director's Report for the Consolidated Maintenance District (CMD) and
the 2013 -2014 budget and setting the time and place for hearing protests on the
amount of street and median landscaping assessments to be levied throughout the
CMD.
City Council Meeting of 05/15/2013
8. CONSENT CALENDAR continued
Resolution of Intention No. 1746 preliminarily adopting, confirming and approving the
Public Works Director's Report for 17 Traffic Signal Maintenance Districts (TSMD) and
their 2013 -2014 budget and setting the time and place for hearing protests on the
amount of Traffic Signal assessments to be levied for each TSMD.
(Ward 1) J. Resolution of Intention No. 1748 ordering the vacation of an alley located south of
Dorian Drive, east of Laurel Drive and west of So. Chester Avenue.
Agreements:
(Ward 2) k. Cooperative Agreement with the State of California Department of Transportation
(Caltrans) for the Plans, Specifications and Estimate and Right -of -Way phases for the
24th Street Improvement Project. (TRIP)
I. Amendment No.1 to Agreement No. 12 -086 with Loop Electric, Inc. ($360,000; revised
not to exceed $719,760 and extending term one year), for vehicle loop cutting.
(Ward 2) M. Amendment No. 4 to Agreement No. 10 -080 with Commercial Cleaning Systems, Inc.
($43,372; revised not to exceed $173,488 and extending term one year), for janitorial
maintenance at City Hall North.
n. Amendment No. 3 to Agreement No. 11 -065 with Wholesale Fuels, Inc. ($40,000;
revised not to exceed $160,000 and extending term one year), for the supply of
propane.
(Ward 6) o. Amendment No. 1 to Agreement No. PW12 -062 with Clean Cut Landscaping
($26,988; revised not to exceed $53,976 and extend term one year), for landscape
maintenance at Wastewater Treatment Plant No. 3.
(Ward 1) P. Amendment No. 1 to Agreement No. 08 -087 with the County of Kern (no change In
compensation and extending term five years), and add food waste to materials
being recycled at the Recycling Facility.
(Ward 5) q. Amendment No. 1 to Agreement No. 07 -218 with Old River LLC, for extension of time
to construct Bridle Creek Park for Tract 6359.
(Ward V) r. Rehabilitation of Three Lift Stations;
1. Contract Change Order Nos. 2 and 3 to Agreement No. 11 -170 with HPS
Mechanical, I nc. ($125,123.62; revised not to exceed $1,097,382.62), for the
project.
2. Appropriate $125,124 Sewer Enterprise Fund balance (Wastewater Treatment
Plant No. 2) to the Public Works Department's Capital Improvement budget.
Bids:
S, Extend bid from Lehr Auto Electric, ($109,810.95) for the purchase of 30 Panasonic
Toughbook Laptops for the Fire Department.
t. Accept bid from Rush Truck Center ($201,444.65) for one additional combination
saw truck for the Public Works Department, Streets Division.
(Ward 1) U. Accept bid and approve contract with General Scales ($68,500) to furnish and Install
a truck scale at the Green Waste Facility.
City Council Meeting of 05/15/2013
8. CONSENT CALENDAR continued
(Ward 7) V. Accept bid and approve contract with Loop Electric, Inc. ($139,750), for Traffic
Signal and Lighting Installation at the intersection of Hosking Avenue and Akers
Road.
(Ward 4) W. Landscape Improvements to Existing Median Islands, Phase Il; Olive Drive and
Calloway Drive, and Calloway Drive north of Rosedale Hwy, to Meacham Road.
Accept bid and approve contract to Clean Cut Landscape ($260,398.95), for
construction of project.
2. Appropriate $115,000 Developer Share Project cost to the Public Works
Department's Capital Improvement budget within the Capital Outlay Fund.
Miscellaneous:
X. Acceptance of 2011 -12 Transportation Development Act Funds Financial
Statements,
Successor Agency Business:
Y. Receive and file successor agency payments from April 19, 2013, to May 2, 2013, in
the amount of $1,265,628.69.
Staff recommends adoption of Consent Calendar Items 8a. through 8, y.
9. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 7) a. Public hearing on Resolution of Necessity to determine the public Interest and
necessity for acquisition of an easement Interest in a portion of certain real property
In southwest Bakersfield (APN #514 - 060 -10) for the construction of a sewer pipeline to
be Incorporated Into the City's sewer system. (Staff recommends adoption of Resolution.)
(Ward 2) b. Public hearing to consider the Resolution 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. (Staff recommends adoption
of Resolution.)
(Ward 3) C. General Plan Amendment /Zone Change No, 12 -0469; Quad Knopf, Inc.
representing GC Investments, (property owners), has applied for a general plan
amendment and zone change on 14.76 acres generally located on the northeast
corner of Stockdale Highway and Coffee Road. (Staff recommends adoption of
Resolution and first reading of Ordinance.)
1. Resolution adopting the Negative Declaration.
2. Resolution approving the general plan amendment changing the land use
designation from HR (High Density Residential) to OC (Office Commercial).
3, First Reading of Ordinance amending the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone district from R -3 (Multiple Family
Dwelling ) and R -2 (Limited Multiple Family Dwelling) to C -O (Professional and
Administrative Office)
4 City Council Meeting of 05/15/2013
9. CONSENT CALENDAR PUBLIC HEARINGS continued
(Ward 4) d. General Plan Amendment /Zone Change No. 13 -0005; Bolthouse Properties, LLC,
(property owner), has applied for a general plan amendment and zone change on
43.97 acres located at the south side of Stockdale Highway, one quarter mile west of
South Renfro Road. (Staff recommends adoption of Resolution and first reading of
Ordinance.)
1. Resolution adopting a Negative Declaration,
2. Resolution approving the general plan amendment changing the land use
designation from HR (High Density Residential) to LR (Low Density Residential)
on 43.97 acres.
3. First Reading of Ordinance amending the Official Zoning Map In Title 17 of the
Municipal Code by changing the zone district from R -3 (Multiple Family
Dwelling) to R -1 (One Family Dwelling) on 43.97 acres.
(Ward 4) e. General Plan Amendment /Zone Change No, 13 -0006; McIntosh & Associates,
representing Black Ops Real Estate III /Matt Wade, (property owner), has applied for
a general plan amendment and zone change on approximately 40 acres located
at the northeast corner of Noriega Road and Rudd Avenue. (Staff recommends
adoption of Resolution and first reading of Ordinance.)
1. Resolution adopting the Negative Declaration.
2. Resolution approving the general plan amendment changing the land use
designation from R -IA (Resource - Intensive Agriculture) to LR (Low Density
Residential) on approximately 40 acres.
3. First Reading of Ordinance amending the Official Zoning Map In Title 17 of the
Municipal Code by changing the zone district from County A (Exclusive
Agriculture) to City R -1 (One Family Dwelling) on approximately 40 acres.
10. HEARINGS
11. REPORTS
a. Legislative and Litigation Committee Report regarding Ownership of Chickens in
Urban Residential Neighborhoods.
The majority of the Legislative and Litigation Committee recommends making no changes
to the existing ordinance pertaining to ownership of chickens In residential zones.
12. DEFERRED BUSINESS
a. Accept bid from Maintenance Equipment, Inc. ($900,869.55), for three replacement
mechanical rear broom street sweepers for the Public Works Department, Street
Division. (deferred from the meeting of 4117113)
Staff recommends acceptance of the bid.
13. NEW BUSINESS
City Council Meeting of 05/15/2013
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respectfully submitted,
0x, , 'f', .
Alan Tandy
City Manager
05/09/13 1:52pm
City Council Meeting of 05/15/2013
AGENDA HIGHLIGHTS
May 15, 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 those Hems agendized for the 3:30 session.
Following three department budget presentations, the Council will recess Into Closed Session. Upon
conclusion of the Closed Session, any Closed Session action will be announced and the 3:30 p.m.
meeting will be adjourned. At 5:15, the Regular Meeting will be called to order to address the
remainder of the agenda Hems.
Item 3a. Del2artment Budget Presentations. The Public Works, Community Development, and
Water Resources Departments will present a detailed overview of their FY 2013 -14 proposed
budgets. The Police Department will follow later under Workshop item 6b. at the 5:15 meeting.
Item 3b. There will be a conference with Legal Counsel regarding the initiation of litigation for
one matter.
REGULAR MEETING - 5:15 p.m.
Item 8f. Emergency Sewer Repair on Stine Road. south of Panama at the Arvin Edison Canal,
On Saturday, May 4th, a sinkhole was caused on Stine Road, as the result of a sewer pipe that
had deteriorated. It washed out the roadbed and the canal liner under the road bridge,
which warranted immediate action to make repairs and prevent additional damage to the
road, bridge, and canal. As the repairs were beyond what City staff could address, several
outside contractors, Rain for Rent and W.M. Lyles Company, were given authorization to
perform the necessary work. The cost for the repairs is expected to be approximately
$500,000.00, based on the estimates staff has received. This action requests approval of a
resolution to dispense with normal bidding procedures, and to appropriate from the Sewer
Enterprise Fund balance to the Public Works Capital Improvement budget to cover the
estimated cost of the necessary repairs.
• I IC-1-1 ii -�
Item 8k. 4,areement with Caltrans for the 24th Street Improvement Project. The City and
Caltrans have been working together on the environmental phase of this TRIP project under
an agreement executed in 2005. The project is now advancing to the PS &E and ROW phases,
so a new agreement is needed to outline the responsibilities of both agencies and is a
requirement to obtain the federal funding for the work. The Administrative Report summarizes
the responsibilities of the partnership.
Item Ila. CwnershiI2 of chickens in urban residential neighborhoods. In 2012, the Legislative
and Litigation Committee held several extensive discussions in consideration of amending the
City ordinance that prohibits ownership of chickens in single family residential zones (R -1). The
Committee membership, at that time, favored consideration of an option to allow keeping
chickens, under a permit process and with other specific requirements. The current
membership of the Committee reviewed the issue in April, 2013 and, after considerable
discussion, including public comments, voted 2 -1 to make no changes to the City's existing
ordinance. Staff was directed to forward the Committee's recommendation to the full City
Council with Majority and Minority Reports explaining the differing positions. The two reports
are included as backup material to the Administrative Report.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - May 15, 2013 Council Meeting
Page 2
MEETING DATE: May 15, 2013 AGENDA SECTION: Workshops
ITEM: 3. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
May 2, 2013
Department Budget Presentations
1. Public Works
2. Community Development
3. Water Resources
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
BACKGROUND: Staff from the Public Works, Community Development and Water Resources
Departments will provide a detailed overview of their FY 2013 -14 proposed operating budgets.
The budget overview will include discussion regarding the goals, accomplishments, and
significant budget changes for the respective departments.
AT:ch:al
5/7/13
S: \13-14 BUDPRO \Budget Admins, Resos \Budget Presentation 05.15.13- PW, CD, WR.docx
ADMINISTRATIVE REPORT
MEETING DATE May 15, 2013 AGENDA SECTION: Closed Session
ITEM: 4. 0.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: May 2, 2013
APPROVED
DEPARTMENT HEAD y�
CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel — Initiation of Litigation
Closed session pursuant to Government Code section 54956.9(d) (4) (one potential
case).
VG:Isc
S: \COUNCIL \CI Sess\ Admins \12- 13 \5- 15- 131nitLit.docx
MEETING DATE: May 15, 2013 AGENDA SECTION: Presentations
ITEM: 14. Q
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Mayor Harvey L. Hall
May 1, 2013
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
Presentation by Mayor Hall of Proclamation to Jonathan Moo, Bike Bakersfield Education
Coordinator, declaring May, 2013, "Bike Month" and May 17, 2013 as "Bike to Work Day"
in Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: May 15, 2013 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: May 1, 2013
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER /e
SUBJECT: Presentation by Mayor Hall of iPads to Green Expo Recycled Material Art
Facebook Contest winners Pablo Castro, Arlete Monreal, Katrina Rocha,
Luz Murataya, and Kenia Jimenez.
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: May 15, 2013 AGENDA SECTION: Workshop
ITEM: , A ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
May 2, 2013
APPROVED
DEPARTMENT HEAD ' /
CITY ATTORNEY —
CITY CITY MANAGER k,5
Kern Council of Government's Regional Transportation Plan, Sustainable
Communities Strategy. ( Presentation by Robert Ball, Kern COG Planning Division Director,)
RECOMMENDATION:
BACKGROUND:
Rg
s: \adminprep \may 2013,dot
MEETING DATE: May 15, 2013 AGENDA SECTION: Workshops
ITEM:6-6.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
May 2, 2013
Department Budget Presentation
Police Department
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY v
CITY MANAGER
BACKGROUND: Staff from the Police Department will provide a detailed overview of their FY
2013 -14 proposed operating budgets. The budget overview will include discussion regarding
the goals, accomplishments, and significant budget changes for the respective departments.
AT:ch:al
5/7/13
S: \13 -14 BUDPRO \Budget Admins, Resos \Budget Presentation 05.15.13- PD.docx
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: 2 0..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
May 2, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY 6
CITY MANAGER
Approval of Minutes of the May 1, 2013, Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
,9
A
OF w �4r S
ADMINISTRATIVE REPORT
1
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: g
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: May 2, 2013
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file department payments from April 19, 2013 to May 2,
2013 in the amount of $9,271,897.20, Self Insurance payments from
April 19, 2013 to May 2, 2013 in the amount of $195,699.87,
totaling $9,467,597.07
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
May 2, 2013, 4:01 PM
SAKim GWDMIN \COUNCIL - ADMIN- AP- 2013\ADMIN -AP 051513.doc
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8' . C .
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD2t,4�
DATE: April 29, 2013 CITY ATTORNEY,
CITY MANAGER P�
SUBJECT: First reading of ordinance amending the text of various sections of Chapter 17.60 of
the Bakersfield Municipal Code relating to signs. (All Wards)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This item was referred to the Legislative and Litigation Committee at the Council's meeting of
March 20, 2013. On April 22, 2013, the Committee reviewed the proposed amendments and
unanimously recommended the Council adopt the changes as brought forth by staff and the
Planning Commission. Additionally, the Committee discussed modifying promotional window
signs, which was under separate consideration by Councilmember Maxwell due to a business
inquiry. After discussion with staff, it was recommended that the maximum window coverage for
promotional advertising be increased from 25 percent to 40 percent, that the 32- square foot
maximum area limitation be removed, and that these signs be allowed on three building
elevations instead of two. These changes were also unanimously supported and recommended
to be included with the other amendments to the sign ordinance.
The proposal involves a number of changes to the sign regulations in the Zoning Ordinance. The
main amendment will allow use of projecting signs in the downtown and Baker Street areas; this
was initiated by the Planning Commission. However, staff has also included other modifications
to update and /or reflect current procedures, which are intended to improve the ordinance.
Projecting signs have been prohibited since 1976 when the City's first comprehensive sign
regulations were adopted. At that time, many communities were regulating signs as a way to
improve community design and many types of signs were viewed as contrary to that goal,
including brightly lit or flashing signs, roof - mounted signs, moving signs, and projecting signs. With
the revitalization of downtowns and older commercial core areas, projecting signs have been
more positively viewed as a way to increase business identification and attraction, as those areas
are beginning to experience and encourage a more pedestrian- oriented character.
April 29, 2013, 3:52PM
JGE: S:\ Dana \ADMINS\ 2013 \MAY\5 -15 -Sign Ord Amendments Ldocx
ADMINISTRATIVE REPORT
The Commission formed an Ad -Hoc committee to review ordinances from communities that
allowed projecting signs in their downtown areas. These included the cities of Pasadena,
Glendale, Visalia, and Santa Barbara. The Committee also took a walking tour of downtown to
visualize how projecting signs could be used. After holding three public meetings on May 23rd,
June 13th and July 18th, 2012, and considering the various regulations, the Committee finalized a
recommendation, which was endorsed by the full Commission.
Since the sign regulations were being amended, staff took the opportunity to modify other areas
within Chapter 17.60 to update and /or reflect current procedures. A discussion of each change
is summarized in the table below:
Section
Discussion
Projecting Signs (new):
17.60.070 H.
Adds the use of projecting signs in the Central District and Old Town Kern areas (see
previous discussion above).
Comprehensive Sign Plans (modify):
Corrects that signatures are required by the property owner, not the business owner. This
17.60.030 A.
change is consistent with other land use applications that require the property owner sign
the application. A public hearing notice is already required to be provided to the
affected business owners. Additionally, since redevelopment areas and the Agency no
longer exist, subsection 2 is being removed.
Pylon Sign prohibition (modify):
The current prohibition of pylon (or pole) signs impacts the shopping center at the
northwest corner of Coffee Road and Stockdale Highway (Albertsons /Trader Joes), which
17.60.050 C.4,
has existing pylon signs. It was never intended for this center to be forced to remove those
signs since the prohibition was mainly oriented to prohibit pylon signs along the Kern River
Parkway. This corrects this oversight and allows the center to keep its signs so they can be
repaired and /or updated.
C -O zone signs (add):
17.60.060 13.2.
Allows the addition of monument signs for larger centers with over 500 feet of street
frontage. This will help lessen the likelihood of a comprehensive sign plan being used as a
variance process to just add more monument signs.
April 29, 2013, 3:52PM
JGE: S:\Dano\ADMINS\2013\mAY\5-15-SignOrdAmendments 1.docx
ADMINISTRATIVE REPORT
April 29, 2013, 3:52PM
JGE: S:\ Dana \ADMINS\ 2013 \MAV\5 -15 -Sign Ord Amendments I.docx
C -1 zone signs (add /modify):
• Allows the addition of monument and pylon signs for larger retail centers with long
street frontages; additional monument signs would match the C -O zone; one
additional pylon sign would be permitted for street frontages over 1000 feet.
17.60.060 B.3.
• Shingle sign clearance is being reduced from 8 feet to 7 feet. This was part of the
recommendation by the Ad Hoc Committee as it was found downtown that most
canopies only have an 8 -foot clearance leaving no room for a sign; the existing
signs had only a 7 -foot clearance. This change would reflect current practice.
• Formally establishes a 1 -foot separation between menu boards.
C -2 zone signs (add /modify):
• Same changes as noted above in a C -1 zone for consistency.
• Adds M zones to follow the same sign standards as the C -2 zone. The M sign
standards would be allowed a larger ( +75 sf) and taller ( +5 ft) pylon sign and more
17.60.060 B.4. & 5.
wall sign area ( +75 sf); all other regulations between these zones are the same.
Since the M zones allow all C -2 uses by right, M zones are usually not next to
neighborhoods, and in many instances C -2 and M zones are clustered together,
this change allows more consistency (and equity) of sign regulations for
businesses.
Auto Mall signs (add /modify):
17.60.060 B. -.8.
Same changes as noted above in a C -1 zone except it does not increase the number of
pylon signs (since businesses are already allowed two pylon signs along each street).
Promotional Window Signs (modify):
17.60.060 8.2,3,4,8
Increase window coverage for promotional advertisements in the C -O, C -1, C -2 /10 and
Auto mall areas from 25% to 40 %, remove the 32 square -foot size limitation, and allow on
three building elevations. (Recommended by the Legislative and Litigation Committee)
Freeway Oriented Signs (add):
Adds the Olive Drive /SR 99 and Taft Highway /SR 99 interchanges to the list of intersections
that are allowed freeway oriented signs. These signs are taller (75') and larger (350 sf), and
17.60.070 D.1.
are limited to being within specific areas around interchanges along SR 99 for freeway
oriented businesses (i.e. fuel, food, and lodging). Since the City has recently annexed
property at both the Olive Drive and Taft Highway interchanges, signs for existing and
future freeway oriented businesses in these areas will be consistent with other freeway
oriented businesses along SR 99 (equal treatment).
Skyline Signs (modify):
17.60.070 F.8.
Allows a skyline sign to have two lines instead of one. There are many older signs with two
lines that would become conforming signs and would reflect current practice. A second
line is usually requested for logos and secondary business information.
April 29, 2013, 3:52PM
JGE: S:\ Dana \ADMINS\ 2013 \MAV\5 -15 -Sign Ord Amendments I.docx
ADMINISTRATIVE REPORT
The addition of projecting signs will result in further promoting businesses and enhancing the
pedestrian - friendly character of the downtown and Old Town Kern areas. The other
modifications to the sign regulations are necessary to better reflect current practices. These
changes will not result in creating legal non - conforming signs, but will instead enhance
opportunities to improve business identification. There were no public comments on the
proposed changes. The Planning Commission and Legislative and Litigation Committee
unanimously recommended approval of the text amendments at their respective meetings and
recommends adoption by the City Council.
This project has been found to be exempt from the provisions of the California Environmental
Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the
general rule of CEQA in accordance with Section 15061 (b) (3), it can be seen with certainty that
there is no possibility that adoption of the proposed ordinance amendments will have a
significant effect on the environment.
April 29, 2013, 3:52PM
JGE: S:\ Dana \ADMINS\ 2013 \MAY\5 -15 -Sign Ord Amendments I.docx
BA
O�yca oR,r
ADMINISTRATIVE REPORT
9 IF O
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: % , cl
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: May 2, 2013 CITY ATTORNEY
CITY MANAGER /e
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Section 1.12.060 by
adding Annexation No. 556 located along the west side of Stine Road, on the north and
south sides of Taff Highway to Ward 6. (Ward 6)
RECOMMENDATION:
Staff recommends adoption of the ordinance,
BACKGROUND:
First reading of the ordinance was given on May 1, 2013.
This ordinance amends the ward boundaries to include Annexation No. 556 into the corresponding
Council ward, This annexation was recently approved by LAFCo, The property tax revenue
exchange was processed in accordance with the historical calculations (pre -2012) of the master
tax split agreement between the City and County.
Annexation No, 556 consists of six parcels along the west side of Stine Road on the north and south
sides of Taff Highway. The annexation was initiated by the property owners, ASU & Associates, Inc.,
Bob and Carmelita York, Kerfoot Family Trust, and Cerro Farms, The remaining two property owners,
Pipkin Family Trust and Waldram Trust, were included in the annexation at the request of LAFCo to
prevent creation of a small county island, LAFCo held a protest hearing on May 22, 2012. No
persons attended the hearing and no correspondence was received in favor or against the
annexation. Since no protests were received, the annexation was completed by LAFCo. This area
will be included into Ward 6.
S: \Annexation \Ordinances \2012_13 \Admin adopt - 5_15_13 556.doc
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: May 15, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution in opposition of Assembly Bill 5 which would establish the "Homeless
Person's Bill of Rights and Fairness Act"
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
Councilmember Johnson requested that staff prepare a resolution in opposition of AB 5, the
proposed legislation which would establish the "Homeless Person's Bill of Rights and Fairness Act ".
The City of Bakersfield, at the request of Mayor Hall, participated in the development of a Ten -
Year Plan to End Chronic Homelessness, which now has over 35 partners, including city and
county government, non - profit service programs, churches and faith -based organizations, local
businesses, and concerned citizens.
It is the City's position that a more realistic approach to truly ending homelessness requires the
partnership and support of local organizations and individuals, rather than a State - mandated
program that can not fully understand or address the individual situations of cities and counties.
While the City appreciates the concept of this bill, homelessness is a complicated societal issue
that cannot be adequately solved with a broad program, such as AB 5. California would be
better served by targeting the root causes of homelessness and providing the resources to allow
cities and counties to address the issue at the local level.
May 9, 2013, 10:07AM
RS
A„ s
ADMINISTRATIVE REPORT
LIFO
MEETING DATE May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: g
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 6, 2013
j
DEPARTMENT HEADrI ,
CITY ATTORNEY��
CITY MANAGER )es
Emergency Sewer Repairs on Stine Road, South of Panama Lane, at the Arvin -
Edison Canal (Ward 7):
A Resolution Dispensing with Bidding Procedures due to Emergency Sewer
Repairs on Stine Road South of Panama Lane at the Arvin- Edison Canal, and
Authorizing Rain for Rent and W.M. Lyles Co. to Perform Necessary Repairs, Not
to Exceed $500,000.
2. Appropriate $500,000 Sewer Enterprise Fund balance (Wastewater Treatment
Plant No. 3) to the Public Works Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of appropriation.
BACKGROUND: At approximately 1:00 AM on Saturday, May 4, 2013, Streets Division staff
responded to a call regarding a sinkhole on the west side of Stine Road, south of Panama
Lane, at the Arvin- Edison Canal crossing. Upon investigation, Streets Division staff discovered
that the top portion of the 30 -inch reinforced concrete sewer pipe main had deteriorated and
washed out both the Stine Road roadbed and the Arvin- Edison Canal liner under the road
bridge.
The Public Works Director was informed that the repairs could not be made by City staff alone.
After assessing the condition of the Stine Road sewer line and the canal liner, the Public Works
Director declared these conditions to be an emergency requiring work, supplies, equipment
and materials urgently necessary for the preservation of life, health and property. To remedy
this emergency, the Public Works Director authorized Rain for Rent to set up a by -pass for the
30 -inch sewer line to prevent further deterioration of the roadway, bridge, and canal.
The Public Works Director also retained Arvin- Edison Water District's on -call contractor, W.M.
Lyles Co., to stabilize the roadway from further deterioration since the contractor was already
mobilized at the site by the Water District. Additionally, W.M. Lyles Co. was authorized by the
Public Works Director to repair the sewer main and canal liner on a time - and - materials basis
since it had the necessary material, equipment and expertise to timely repair the sewer line
and canal in order to get them back in operation as soon as possible.
If the attached Resolution is adopted, the Council will be making a finding that the work
performed by Rain for Rent and W.M. Lyles Co. was of urgent necessity for the preservation of
life, health or property, thereby allowing the dispensing of bidding requirements as set forth in
GL
G: \GROUPDAT \ADMINRPT \2013 \05- 15 \Admin - Emergency Resolution.doc
ADMINISTRATIVE REPORT
Section 136 of the City Charter and Section 3.20.060 of the Bakersfield Municipal Code. The
Resolution also authorizes the Finance Director to dispense with bidding in accordance with
Section 3.20.060 of the Bakersfield Municipal Code, in an amount not to exceed $500,000.
Funding source for these repairs is Sewer Enterprise Fund balance.
/mm
GL
G: \GROUPDAT \ADMINRPT \2013 \05- 15 \Admin - Emergency Resolution.doc
A
Few a
ADMINISTRATIVE REPORT
4M
t
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: April 23, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY pp
CITY MANAGER /LS
SUBJECT: Resolution of Intention No. 1744 preliminarily adopting, confirming and approving
the Public Works Director's Report for the Consolidated Maintenance District
( "CMD" herein) and the 2013 -2014 budget and setting the time and place for
hearing protests regarding the amount of park landscaping assessments to be
levied throughout the CMD. (All Wards)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: On January 13, 2005, the City Council passed Resolution No. 019 -05 adopting
Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City
to collect additional revenue for the maintenance of street and median landscaping and park
maintenance within the CMD.
As of January 13, 2005, all new territories added to the CMD that benefit from public parks and /or
street landscaping shall be assessed, consistent with the requirements of Proposition 218, those
amounts set forth in Exhibit "A" of Resolution No. 019 -05. Said amounts shall be increased
annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange
County/All Urban Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 13, 2005 will not be increased. The
rates will remain at the 2004 -2005 level. The proposed 2013 -2014 budget for the CMD (Exhibit "B ")
is attached to this Resolution of Intention.
This Resolution of Intention preliminarily approves the Public Works Director's Report which
includes the 2013 -2014 budget for the CMD in its entirety.
Each territory currently within the CMD was individually added by Council Resolution at a prior
date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for
each territory within the CMD are on file in the City Clerk's Office with its respective Council
Resolution.
This Resolution of Intention sets the protest hearing for the Council meeting on Wednesday, June
5, 2013, at 5:15 P.M.
G: \GROUPDAT \ADMINRPT \2013 \05- 15 \Admin ROI Park CMD 13- 14.docx
BA
OF ca u S
ADMINISTRATIVE REPORT
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 23, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER .
Resolution of Intention No. 1745 preliminarily adopting, confirming and approving
the Public Works Director's Report for the Consolidated Maintenance District
( "CMD" herein) and the 2013 -2014 budget and setting the time and place for
hearing protests regarding the amount of street and median landscaping
assessments to be levied throughout the CMD. (All Wards)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: On January 13, 2005, the City Council passed Resolution No. 019 -05 adopting
Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City
to collect additional revenue for the maintenance of street and median landscaping and park
maintenance within the CMD.
As of January 13, 2005, all new territories added to the CMD that benefit from public parks and /or
street landscaping shall be assessed, consistent with the requirements of Proposition 218, those
amounts set forth in Exhibit "A" of Resolution No. 019 -05. Said amounts shall be increased
annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange
County/All Urban Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 13, 2005 will not be increased. The
rates will remain at the 2004 -2005 level. The proposed 2013 -2014 budget for the CMD (Exhibit "B ")
is attached to this Resolution of Intention.
This Resolution of Intention preliminarily approves the Public Works Director's Report which
includes the 2013 -2014 budget for the CMD in its entirety.
Each territory currently within the CMD was individually added by Council Resolution at a prior
date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for
each territory within the CMD are on file in the City Clerk's Office with its respective Council
Resolution.
This Resolution of Intention sets the protest hearing for the Council meeting on Wednesday, June
5, 2013, at 5:15 P.M.
G: \GROUPDAT \ADMINRPT \2013 \05- 15 \Admin ROI Street CMD 13- 14.docx
O co A4
ADMINISTRATIVE REPORT
i
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: g . j .
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: April 23, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Resolution of Intention No. 1746 preliminarily adopting, confirming and approving
the Public Works Director's Report for seventeen (17) Traffic Signal Maintenance
Districts ( "TSMD" herein) and their 2013 -2014 budgets and setting the time and
place for hearing protests on the amount of Traffic Signal assessments to be levied
for each TSMD. (All Wards)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: On September 28, 1994, the City Council passed Resolution No. 161 -94 adopting
Council Policy on Traffic Signal Maintenance Assessments which enables the City to collect
additional revenue for the maintenance and operation of traffic signals within a TSMD.
As of July 1, 1997, each territory that creates a TSMD shall be assessed an amount consistent with
the requirements of Proposition 218. Said amounts shall be increased annually by the cost of
living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers
Consumer Price Index. The current annual cost for each signal system's maintenance and
operation is $2,815.20.
This Resolution of Intention preliminarily approves the Public Works Director's Report which
includes the 2013 -2014 budget for each TSMD attached hereto as Exhibit "B."
Each territory comprising a TSMD was individually added by Council Resolution at a prior date.
The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for each
TSMD are on file in the City Clerk's Office with its respective Council Resolution.
This Resolution of Intention sets the protest hearing for the Council meeting on Wednesday, June
5, 2013, at 5:15 P.M.
G:\ GROUPDAT \ADMINRPT\2013 \05- 15 \Admin ROI TSMD 13- 14.docx
BA
ADMINISTRATIVE REPORT
LIF
MEETING DATE May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: '
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 30, 2013
APP OVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Resolution of Intention No. 1748 to order the vacation of the alley located south of
Dorian Drive, east of Laurel Drive, and west of S. Chester Avenue. (Ward 1 )
RECOMMENDATION: Staff recommends adoption of Resolution of Intention.
BACKGROUND: The City has received a request from Hesham Alawdi, the property owner of
2625 South Chester Avenue, to vacate the alley located south of Dorian Drive, east of Laurel
Drive, and west of S. Chester Avenue. In addition, property owners adjacent to this alley have
signed a petition in support of this vacation request. This vacation is being requested to
alleviate illegal dumping, graffiti, and drug /gang activities which occur within this alley.
Included with this Administrative Report are pictures depicting the condition of the alley. If this
vacation request is approved, it is the intent of the property owners to close off both entrances
of the alley to vehicle and pedestrian traffic. This Resolution of Intention sets the final hearing
for this vacation for the June 26, 2013 City Council meeting.
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 those notified as
of the date of this report.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have also been notified of the request. The City Fire Department requested fire
access to remain, and any gates installed at the ends of the alley to be a minimum of 20 feet
wide with a specific type of padlocks. The Solid Waste Division reported that recurring requests
are received to remove illegal dumping from the alley. Solid Waste staff estimates that illegal
dump clean -ups occur about twice each month.
The utility companies serving this area have also been notified by mail. Public Works has
received no objections as of the date of this report.
A public utilities easement will be reserved for existing City sewer facilities, along with an
easement for emergency Fire services and paved access over the entire alley area.
On April 10, 2013, the Planning Department found the proposed vacation of the alley located
south of Dorian Drive, east of Laurel Drive, and west of S. Chester Avenue to be consistent with
the Metropolitan Bakersfield General Plan pursuant to Government Code 65402.
April 30, 2013; 2:23 PM
G. \GROUPDAT \ADMINRPT \2013 \05 -01 \S. CHESTER ALLEY VACATION
ADMINISTRATIVE REPORT
It was determined that this action is exempt from the requirements of
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines
because there is no possibility that the action may have a significant
environment.
/mm
April 30, 2013; 2:23 PM
G. \GROUPDAT \ADMINRPT \2013 \05 -01 \S. CHESTER ALLEY VACATION
the California
(general rule),
effect on the
A
cL ,�
F
ADMINISTRATIVE REPORT
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
May 2, 2013
Cooperative
Transportation
Right -of -Way
(Ward 2)
APPROVED
DEPARTMENT HEAD ii �
CITY ATTORNEY kA
CITY MANAGER
Agreement with the State of California Department of
(Caltrans) for the Plans, Specifications and Estimate (PS&E) and
(ROW) phases for the 24th Street Improvement Project. (TRIP)
RECOMMENDATION: Staff recommends approval of Cooperative Agreement.
BACKGROUND: The 24th Street Improvement Project is part of the Thomas Roads Improvement
Program (TRIP). The project would include adding additional lanes to 24th Street between
State Route (SR) 99 and M Street, as well as widening of the Oak Street /24th Street intersection
and improvements to the SR- 99/24th Street interchange. Caltrans and the City have been
working together on the Environmental Phase for the project pursuant to Cooperative
Agreement No. 05 -375, which was previously approved by Council on November 09, 2005.
This Cooperative Agreement outlines the responsibilities of both the City and Caltrans
regarding the PS&E and ROW phases of the project, and is a requirement for obtaining federal
funds for these phases of work. In general:
• The City is the project sponsoring partner, and will fund 100% of the work through a
mixture of federal TRIP and local funds.
• The City must follow the State's Local Assistance Procedures Manual and comply with
its Pre -Award Audit requirements for any Consultants the City hires to perform any
portions of the work.
• The City will provide the Right of Way (ROW) Certification Documents for Caltrans
approval prior to bidding the construction of the project.
• The City will hear the Request of Necessity for any property condemnations.
• The City will acquire ROW in accordance with State requirements.
• The CITY will make all necessary arrangements with utility owners for the timely
accommodation, protection, relocation, or removal of any existing utility facilities that
conflict with construction of the project.
• The City will provide a Resident Engineer and administer the construction contract for
the project.
Tdw: C:\ Users \glorenzi \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \153CIOUG \24 ST
PSE_ROW Coop Agr REV.DOC
ADMINISTRATIVE REPORT
The CITY will advertise, open bids, award, and approve the construction contract in
accordance with the California Public Contract Code and the California Labor Code.
Caltrans will review and accept the final plans, specifications, and estimate package
prior to bidding the construction of the project
Caltrans will issue the encroachment permits required for construction work located
within State highway right of way.
Staff recommends approval of the Cooperative Agreement.
Tdw: C:\ Users \glorenzi \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \153CIOUG \24 ST
PSE_ROW Coop Agr REV.DOC
BA
Q� yCPR011, G s
ADMINISTRATIVE
REPORT
pr it
LIF
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: 4' . I.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: April 22, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p�
CITY MANAGER l�-J
SUBJECT: Amendment No. 1 to Agreement No. 12 -086 with Loop Electric, Incorporated;
extending the contact term one year and adding $360,000 (for a total not to
exceed amount of $719,760) to the Annual Contract for Vehicle Loop Cutting.
(City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On June 27, 2012, Council approved the annual contract for vehicle loop
cutting to Loop Electric, Inc., in the amount of $359,760; renewable annually thereafter for four
(4) consecutive one -year periods.
If approved, Amendment No. 1 will extend the contract term one year, and add $360,000 for a
revised not to exceed amount of $719,760. Funds are budgeted in the Public Works
department operating accounts in both general fund and gas tax funds.
Purchasing Division /ch
S:IPURCHWDMINWmendments 12 -131AC for Vehicle Loop Cutting Amendment #1 to Agreement 12- 086.docx
April 22, 2013, 10:07AM
A
ro
ADMINISTRATIVE REPORT
IF
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: 19 lh.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: April 22, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER_ sS _
SUBJECT: Amendment No. 4 to Agreement No. 10 -080 with Commercial Cleaning Systems,
Incorporated; extending the contract term on year and adding $43,372 (for a
total not to exceed amount of $173,488) to allow continuance of the annual
contract for janitorial maintenance at City Hall North. (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 9, 2010, Council approved the annual contract for janitorial
maintenance of City Hall North with Pacific Building Care in the amount of $43,372; renewable
annually thereafter for four (4) consecutive one -year periods. On June 8, 2011, Council
executed Amendment No. 1 extending the contract term one year and adding $43,372 for a
revised not to exceed amount of $86,744. On September 28, 2011, Council approved
Amendment #2 changing the name of the vendor to Commercial Cleaning Systems,
Incorporated. On June 6, 2012, Council approved Amendment #3 adding $43,372 for a not to
exceed amount of $130,116 and extend the contract term one year.
If approved, Amendment No. 4 will add $43,372 for a revised not to exceed amount of
$173,488, and extend the contract term one year. Funds are budgeted in the General
Services operating budget within the General Fund for these services. Approval of the
amendment will allow continuance of the janitorial maintenance at City Hall North.
Purchasing Division /ch
&TURCHWDMINWmendments 12- 13Wmend#4 to Agmt 10 -080, Commercial Cleaning Systems, Janitorial CHN.doc
April 22, 2013, 9:52AM
BA
O�yeovoR.re S
ADMINISTRATIVE REPORT
L FO
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: April 22, 2013 CITY ATTORNEY /k
CITY MANAGER S
SUBJECT: Amendment No. 3 to Agreement No. 11 -065 with Wholesale Fuels, Incorporated;
extending the contract term one year and adding $40,000 (for a total not to
exceed amount of $160,000) to continue the supply of propane. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On July 1, 2010, the City entered into an agreement F10 -015 for the annual
contract to supply propane with Wholesale Fuels, Incorporated, in the amount of $40,000;
renewable annually thereafter for four consecutive one -year periods. On June 8, 2011, Council
approved Amendment #1 adding $40,000 for a revised not to exceed amount of $80,000 and
extending the contract term one year. On June 6, 2012, Council approved Amendment #2
adding $40,000 for a revised not to exceed amount of $120,000 and extending the contract
term one year. ,
If approved, Amendment No. 3 will add $40,000 for a revised not to exceed amount of
$160,000, 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 their propane fuel needs for the next year.
Purchasing Division/ch
&TURMADMIMAmendments 12 -13\AC for Propane Amendment 3 # Agmt. 11- 065.docx
4/22/2013 8:28 AM
A
O� CA V
ADMINISTRATIVE REPORT
IF
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 17, 2013 CITY ATTORNEY Q�
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. PW12 -062 with Clean Cut Landscape
($26,988; revised not to exceed $53,976) for an additional one year period for
landscape maintenance at Wastewater Treatment Plant No. 3 (Ward 6).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The City entered into Agreement No. PW 12 -062 on May 23, 2012, with Clean
Cut Landscaping to provide landscape maintenance at Wastewater Treatment Plant 3. The
contractor was selected through a formal Request for Qualification process.
Agreement PW12 -062 provides for the agreement to be extended for two additional one -year
periods. Staff desires to extend this agreement for an additional year period with a
corresponding increase in compensation.
Sufficient funds are budgeted to fund this agreement. Sewer Enterprise funds provide the
funding source for this Agreement; therefore, there is no General Fund impact.
PW: WW: rp
G: \GROUPDAT\ADMINRPT \2013 \05- 15Wdmin -Amend Clean Cut.doc
Fy AWr
d ADMINISTRATIVE REPORT
�1 EVIL
�
9L10
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul Rojas, Public Works Director
April 29, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /W
Amendment No. 1 to Agreement No. 08 -087 with the County of Kern (no change in
compensation terms) to extend the term of the Green Waste Agreement for an
additional five years and add food waste to materials being recycled (Ward 1)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Agreement No. 08 -087 provides for the City's Mt. Vernon Avenue Recycling Facility
to recycle wood and green waste recyclables from County areas. Under the agreement, the
County pays a prorated share of program costs, according to the percentage of material received
from County areas. Agreements for this cost sharing arrangement have been in place since the
beginning of the recycling program in 1994. The current agreement expires on June 30, 2013.
Cost sharing between the City and County is based upon the proration of tonnage received at the
facility. City and County tonnages are determined by counting and weighing incoming loads from
each jurisdiction. Exhibit "A" of the original agreement provides a formula by which curbside green
waste truck tonnage is prorated. The County has averaged 30% shared participation in the Green
Waste program over the last 12 years. The percentage of County tonnage is multiplied by the
facility's actual expenditures less revenues received from the sale of recycled materials such as
compost and wood chips.
Program costs and revenues are estimated each fiscal year. Billings to the County, however, are
based upon actual net expenditures. Exhibit "B" of this amendment summarizes estimated net
expenditures of $5,318,189 for FY 2013 -14. Of this estimate, the County will pay approximately 30 %, or
close to $1.6 million for FY 2013 -14.
The amendment also adds food waste to the list of materials being recycled at the facility. Food
waste recycling has been identified as key to California's 75% recycling goal. The facility has been
permitted to handle food waste and is generating additional material revenues from this operation
to offset the cost.
There is General Fund impact associated with this amendment.
PW -SW: kb
April 29, 2013, 8:36AM
G: \GROUPDAT\ADMINRPT \2013 \05- 15\Admin for Amend with County shared Greenwaste Agr 08- 087.doc
BA
ADMINISTRATIVE REPORT
� M
qL1 0
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Dianne Hoover, Director of Recreation & Parks
April 24, 2013
APPROVED
DEPARTMENT HEAD JOt
CITY ATTORNEY (2, -
CITY MANAGER S
Amendment to Agreement No. 07 -218 with Old River LLC for extension of time to
construct Bridle Creek Park in Tract 6359. (Ward 5)
RECOMMENDATION: Staff recommends approval of the Amendment with Planning Commission's
recommended conditions.
BACKGROUND:
On July 18, 2007 Old River LLC (developer) and the City entered into Agreement No. 07 -218 for the
acquisition and development of Bridle Creek Park. The proposed park site is located on 8.93 acres in
southwest Bakersfield and was designed to benefit 1200 homes. Due to the rapid growth of the
housing industry at the time, the original agreement called for construction of the park to begin prior
to the issuance of 100 building permits within Vesting Tentative Tract Map 6359 with the assumption
that surrounding developments would be built simultaneously.
Developer filed a request with the City to delay the construction of the Park due to the unforeseen
slow -down in the economy and its impact on new residential construction. A public hearing to
accept testimony regarding the requested delay was held before the Planning Commission. Staff
and the developer submitted reports and commented on the financial difficulties of constructing the
park now and the lack of sufficient development to support the maintenance of the Park, and
residents spoke in opposition of delaying construction of the park.
In addition, staff provided information regarding the fact that approximately 1/3 of the proposed
park site and the balance of the proposed Bridle Creek neighborhood is located on land that
remains unincorporated solely within the County's jurisdiction. Under such circumstances a
requirement that the full park be constructed immediately would result in a portion of the park being
constructed and located within the County's jurisdiction without approved City plans for the property
adjacent to the park site. Staff indicated this scenario is not desirable for either the construction or
operation of the park for an indeterminate amount of time. Staff also stated per City Council
Resolution 037 -13, approved on April 17, 2013, the City has submitted an application with the Local
Agency Formation Commission (LAFCO) for the annexation of the aforementioned area. Staff
mentioned it remains unknown if the County will approve a property tax split consistent with historical
(pre -2012) calculations and allow the annexation to proceed without obstruction.
The Planning Commissioners considered all the comments and reports in evaluating the best
approach for balancing the neighborhood's interest in having the park constructed now with the
financial and logistical ramifications to both the City and the developer if the Park was constructed
now. After their evaluation the Planning Commission amended staff's recommendation based upon
a request from the developer and recommended that the City Council approve the amendment
which requires the developer to begin construction of the Park:
O�BAKE
�,coxrox�7 RiS
U d
9L1 F0 l
ADMINISTRATIVE REPORT
No later than the 300th building permit being issued for residential development on parcels
identified in Exhibit G of the Amendment; and
II. After annexation of the remainder of the planned Bridle Creek Development, including the
remaining park land has been completed. This area is commonly known as Annexation No.
517 and is identified in Exhibit H of the Amendment.
III. After approval of a tentative tract map which includes the border of the Bridle Creek Park
site as identified within Annexation No 517.
The Staff Report to Planning Commission and Planning Commission's Resolution are attached.
S:\ COUNCIL\ Admins\ 12- 13Admins \BridleCreekParkAmdI (2(.docx /dh
A
Q� LoV024}�.0
ADMINISTRATIVE REPORT
1
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: g . r.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 1, 2013
PPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER k
Rehabilitation of Three Lift Stations (Wards 3 and 7):
1. Contract Change Order Nos. 2 and 3 to Agreement No. 11 -170 with HPS
Mechanical Inc. ($125,123.62; revised not to exceed $1,097,382.62) for the
project.
2. Appropriate $125,124 Sewer Enterprise Fund balance (Wastewater
Treatment Plant No. 2) to the Public Works Department's Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of contract change orders and appropriation.
BACKGROUND: This project provides for rehabilitating three separate sewer lift stations in the
following locations: Alfred Harrell Highway 700 feet north of State Route 178, Planz Road at
Benton Street and Parsons Way east of "H" Street.
Contract Change Order No. 2 provides for providing a sewer bypass line for an 8 -inch gravity
sewer line that flowed into the lift station on Alfred Harrell Highway. This previously undetected
sewer line needs to be bypassed and rerouted in order to keep the lift station wet well free from
sewage during the rehabilitation process. The contractor has agreed to provide this bypass for
the lump sum price of $18,702.
Contract Change Order No. 3 provides for bypass pumping of an 18 -inch gravity sewer line and
for installation of a temporary pump control cabinet at the Alfred Harrell Highway lift station.
During construction, it was discovered that the existing control cabinet, as well as the existing
PG&E electrical service, does not have the capacity to power all three of the new 125 -
horsepower pumps installed as part of the rehabilitation of this lift station. As a result of this power
service situation, bypass pumping of an existing 18 -inch sewer will need to be extended by nine
weeks and a temporary control cabinet will need to be installed in order to make this lift station
temporarily functional. The contractor has agreed to accept a lump sum of $106,421.62 as full
compensation for these items. It should be noted that a future change order will need to be
processed once the permanent solution to this situation is resolved. It is anticipated that the cost
of this future change order will be between $90,000 and $110,000.
RM (Construction)
May 2, 2013, 3:59PM
G:\GROUPDAT\ADMINRPT\2013\05-15\CCOs 2 and 3 for the Rehabilitation of Three Lift Stations rev 1.doc
ADMINISTRATIVE REPORT
The net cost increase of Contract Change Orders 2 and 3 is $125,123.62. The sum of all change
orders to date on this project reflects a total cost increase of $129,862.62 (which results in a 13.4%
increase of the original contract amount) as illustrated below:
Original Contract Amount = $ 967,520.00
Amended Contract Agreement after Change Orders = $1,097,382.62
Net Increase to date = $ 129,862.62
An appropriation of Sewer Enterprise Funds is required to fund these change orders. There is no
General Fund impact associated with these change orders.
RM (Construction)
May 2, 2013, 3:59PM
G: \GROUPDATWDMINRPT \2013 \05- 15 \CCOs 2 and 3 for the Rehabilitation of Three Lift Stations rev 1.doc
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: T.-5.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
May 1, 2013
APPROVED
DEPARTMENT HEAD /I/S
CITY ATTORNEY D�
CITY MANAGER
Extend Bid from Lehr Auto Electric in the amount of $109,810.95 for thirty (30)
Panasonic Toughbook Laptops for the Fire Department. (Citywide)
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: On May 1, 2013, Council approved the purchase of fifty (50) Panasonic
Toughbook Laptops for the Police Department. Subsequent to the bid solicitation and Council
approval date, the Bakersfield Fire Department was notified by the Kern County Fire
Department about an upgrade to their shared network dispatch system. The current laptops
outfitted throughout the Fire Department will not support the new dispatch system. The
planned replacement of thirty (30) Fire Department laptops is of an urgent nature in order to
remain functional with the County dispatch system before the upgrade is operational.
Lehr Auto Electric has indicated their approval to extend the unit cost of $3,402.20 for
Panasonic Toughbook Laptops ($109,810.95 including tax) for this purchase.
Funds are budgeted in the Equipment Management Fund for the purchase of thirty (30)
replacement laptops for the Fire Department.
Purchasing Division/kb
SAPURCHWDMINWdmin 12 -13 \Panasonic Toughbook CF31 MDCS for FD, extension of bid 12- 13 -76, May 15, 2013.doc
May 1, 2013
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: 12.4%
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
April 24, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY D
CITY MANAGER
Accept bid from Rush Truck Center, $201,444.65 for one (1) additional
combination saw truck for the Public Works Department, Streets Division.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Bids were solicited for the purchase of a combination saw truck. One (1) bid
was received from Rush Truck Center in response to solicitation.
The combination saw truck will be used by the Public Works Department, Streets Division to cut
asphalt and concrete prior to repairs. The City does not currently own a truck to perform these
functions. Staff currently breaks up larger areas of roadway with jackhammers and our cement
saw- cutting process is slow and inefficient. Storm water regulations also require additional
pieces of equipment to be on site, which is also cumbersome and inefficient. The custom built
body of the truck being proposed will include a saw capable of cutting up to 18" deep, a
water system to provide compaction and dust control and vacuum for debris cleanup as storm
water regulations require.
No bids were received in a previous bid solicitation for this equipment. Staff contacted multiple
custom body builders to encourage their participation in a re -bid process; one bid was
received from the second solicitation.
Funds in the amount of $180,000 were budgeted in the Equipment Replacement Fund for the
purchase of one (1) combination saw truck. The bid received from Rush Truck Center is in the
amount of $201,444.65. Savings from the purchases of crack sealers and vibratory rollers are
available to fund the shortfall of funds necessary to complete this purchase.
Staff recommends approval of the purchase of a combination saw truck from Rush Truck
Center in the amount of $201,444.65 to ensure compliance with storm water regulations when
asphalt and concrete cutting is necessary.
Purchasing Division /kb
SAPURCHWDMINWdmin 12 -13 \Combo Saw Trudc (Re -Bid), 12- 13 -71, May 15, 2013.docx
April 26, 2013
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /v
DATE: May 1, 2013 CITY ATTORNEY
CITY MANAGER eS
SUBJECT: Accept bid and approve contract to General Scales ($68,500) to furnish and
install a truck scale at the Green Waste Facility. (Ward- 1)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Bids were solicited to furnish and install a truck scale at the Green Waste
Facility. This project was bid as a non - prevailing wage project. Two (2) bids were received in
response to the solicitation.
The bid specifications require the truck scale performance level minimum of 100,000 lb.
concentrated load capacity and 75,000 lb. load cell capacity. The model bid by General
Scales meets the minimum specifications of the bid. The model bid by Best Weigh Scale Co.,
Inc. exceeds the minimum specifications and is a much higher cost.
Funds are budgeted in the Solid Waste Capital Improvement Fund for this project.
Two (2) bids were received as follows:
Bidder Amount Model Bid
General Scales $ 68,500.00 Survivor® OTR Series
Bakersfield, CA
Best Weight Scale Co., Inc. $125,614.13 Fairbanks® Titan Series
Fresno, CA
Staff finds the low bid submitted by General Scales to be acceptable and recommends
approval of the contract in the amount of $68,500.
Purchasing Division /kb
SAPURCHADMINWdmin 12- 13kFurnish & Install Truck Scale at Greenwaste Facility, 12- 13 -58, May 15, 2013.docx
F �BA,KE s
L. ADMINISTRATIVE REPORT
!F0
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: Q. V.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: April 30, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY D
CITY MANAGER �s
SUBJECT: Accept bid and approve contract with Loop Electric Inc. ($139,750.00) for Traffic
Signal and Lighting Installation at the Intersection of Hosking Avenue and Akers Road
(Ward 7):
RECOMMENDATION: Staff recommends acceptance of bid, and approval of contract.
BACKGROUND: This project consists of installing a complete traffic signal and lighting system,
modifying pavement markings and striping, and reconstructing access ramps to meet current
American with Disabilities Act (ADA) requirements.
This project is funded through Transportation Development Funds (TDF). Since these are local
funds, the provisions of Resolution No. 122 -12 apply to the project. The Contractor is exempt from
paying prevailing wage rates. Sufficient funds are budgeted to award the project. The Engineer's
Estimate for the project is $139,000.
On April 25, 2013, a total of seven bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
Loop Electric, Inc.
7040 Downing Avenue
Bakersfield, CA 93308 (County) in the amount of $139,750.00
Siemens Industry, Inc.
1266 N. La Loma Circle
Anaheim, CA 92806 in the amount of $148,982.00
PTM General Engineering Services, Inc.
5942 Acorn Street
Riverside, CA 92504 in the amount of $159,158.00
Taft Electric Company
1694 Eastman Avenue
Ventura, CA 93003 in the amount of $163,193.21
PW /Design Engineering /KB/T1K203
5/2/2013 8:38 AM
G: \GROUPDATWDMINRPT\2013 \05 -15 \TS Installation Hosking Ave at Akers Road.docx
ADMINISTRATIVE REPORT
Lee Wilson Electric Company, Inc.
1151 El Camino Real
Arroyo Grande, CA 93420
A -C Electric Company
315 30th Street
Bakersfield, CA 93301 (County)
Flatiron Electric Group, Inc.
7911 -A Pine Avenue
Chino, CA 91708
in the amount of $170,471.68
in the amount of $174,389.40
in the amount of $186,987.00
There is no General Fund impact associated with this project.
PW /Design Engineering /KB/T1 K203
5/2/2013 8:38 AM
G:\ GROUPDAT\HDMINRPT\2013 \05 -15 \TS Installation Hosking Ave at Akers Road.docx
BA
O� �GUtVG24 31
ADMINISTRATIVE REPORT
FIFO
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
kT-
DATE: May 1, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Landscape Improvements to Existing Median Islands, Phase II: Olive Drive and
Calloway Drive, and Calloway Drive north of Rosedale Highway to Meacham Road
(Ward 4)
1. Accept bid and approve contract to Clean Cut Landscape ($260,398.95) for
construction of project.
2. Appropriate $115,000 Developer Share Project cost to the Public Works
Department's Capital Improvement Budget within the Capital Outlay Fund.
RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract
and appropriation.
BACKGROUND: At the September 14, 2011 Council meeting, $936,000 of developer in -lieu
median fees were appropriated to fund additional median island landscape improvements at
specific project sites throughout the City.
Tonight's agenda item recommends award of bid for the following two project sites:
• Olive Drive west of Calloway Drive, Calloway Drive south of Olive Drive
• Calloway Drive north of Rosedale Highway to Meacham Road
The following three areas were approved at the August 15, 2012 Council meeting:
• Ashe Road, Harris Road to SJVRR tracks (Ward 6)
• McCutchen Road, Dazzle Lane to Stine Road (Ward 6)
• Stine Road, north and south of Ambrister Drive (Wards 6 & 7)
The remaining project sites are anticipated to be awarded by September 2013. The remaining
project sites are as follows:
• Hosking Avenue, Tree Line Avenue to Zermatt Street (Ward 7)
• Union Avenue, Arvin - Edison Canal to Panama Lane (Ward 1)
May 6, 2013, 3:26PM
G:\GROUPDAT\ADMINRPT\2013 \05 -15 \Median Islands Phase II, Clean Cut Landscape.Doc
BA
U O
c FO ADMINISTRATIVE REPORT
As background, developers are required to construct median island improvements or pay an in-
lieu median island fee. These in -lieu fees are used by the City to construct and landscape
median islands. The appropriation of $936,000 at the September 14, 2011 Council meeting
appropriated in -lieu median fees to install landscape improvements at several locations
throughout the City where the hardscape improvements have already been installed, but
landscaping has not been completed. Normally, the trust fund, where payments are held until
the other half of the street develops, is used for site - specific instances. There are cases, however,
where due to canals, older development, and related conditions, the 'other side' will never be
developed. Therefore, we are necessarily using some of the balance in the trust for problematic
areas that need attention, but are not likely to be done under'normal' circumstances.
This project is funded with in -lieu development fees. Since these are local funds, the provisions of
Resolution No. 122 -12 apply to the project. The Contractor is exempt from paying prevailing wage
rates. Annual maintenance of the landscape improvements will be predominantly funded
through the Consolidated Maintenance District. Only parcels within the benefit area for the
above improvements will be assessed annually on the tax roll.
The Engineer's Estimate for this construction project was $245,000. On April 4, 2013, a total of two
bids were received; all of those bids are acceptable. Those acceptable bids are as follows:
Clean Cut Landscape
84060N. Armstrong
Clovis, CA 93619
American Hydrotech, Inc.
6751 McDivitt Drive
Bakersfield, CA 93313 (City)
in the amount of
in the amount of
$260,398.95
$284,199.85
A total of $210,000 was appropriated for these three specific projects at the September 14, 2011
Council meeting. Additional funds are requested for contract award, potential change orders,
in -house design and construction inspection costs, and other miscellaneous costs.
PW/ WGM
T2K239 & T21K240
May 6, 2013, 3:26PM
G: \GROUPDAT\ADMINRPT\2013 \05 -15 \Median Islands Phase ll, Clean Cut Landscape.Doc
A
ADMINISTRATIVE REPORT
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DATE: April 26, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Acceptance of 2011 -12 Transportation Development Act Funds Financial
Statements
RECOMMENDATION: Staff recommends acceptance of audit report.
BACKGROUND: Kern Council of Governments (Kern COG) administers Transportation
Development Act (TDA) Funds. TDA funds provide the funding source for the following two City
of Bakersfield funds:
Bikeway and Pedestrian Fund accounts for projects dedicated to bicycle and pedestrian
facilities and safety.
Amtrak Operating Fund accounts for maintenance costs for the Bakersfield Amtrak
Station.
Statutes governing the use of TDA funds require annual audits. These statutes include KernCog's
Rules and Regulations, the California Public Utilities Code section 99245, and the California Code
of Regulations section 6664. KernCog contracted with Brown Armstrong Accountancy
Corporation to perform audits of member agencies. The City bears no part of the audit costs.
The attached financial statements for the TDA Funds were prepared for the fiscal year ending
June 30, 2012. The accuracy and the fairness of the presentation is the responsibility of the City.
The audit firm of Brown Armstrong Accountancy Corporation has issued an unqualified opinion.
GI
G: \GROUPDAT \ADMINRPT \2013 \05- 15 \Transp Dev Act Funds Financial Stm.docx
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar
ITEM: g , Y.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
May 2, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p
CITY MANAGER /w
Receive and file successor agency payments from April 19, 2013 to
May 2, 2013 in the amount of $1,265,628.69
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G \ADMIN — SA\ COUNCIL - ADMIN- SA- 2013\ADMIN- -SA 05- 15- 13.doc 1
A
ADMINISTRATIVE REPORT
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM: q .
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: April 30, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing on Resolution of Necessity to determine the public interest and
necessity for acquisition of an easement interest in a portion of certain real
property in southwest Bakersfield, California (APN 514 - 060 -10) for the construction
of a sewer pipeline to be incorporated into the City's sewer system. (Code Civ.
Proc. § 1240.010) (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Project: Developer, Edward I. Lee, is developing land located west of State Route 99 and
south of Taft Highway (Parcel Map 10717). The Developer seeks to construct necessary
improvements to the City's sewer pipeline system to connect the development to the City's
sewer system, and an easement over the Property Interest (defined below) is required ( "the
Project "). Once acquired, the Property Interest and related sewer line will belong to the City
and will be available to provide sewer services for future development in the area. All of the
other easements necessary to construct the pipeline have been acquired by the Developer.
The Property to be Acauired: The easement interest proposed to be acquired is legally
described in Exhibit "I" to the attached Resolution of Necessity ( "RON ") and generally
identified as a portion of Kern County Assessor's Parcel Number 514- 060 -10 (the "Property
Interest "). The Property Interest is located west of State Route 99 and north of Taft Highway as
reflected on the maps attached to the RON. Taft Hwy, LLC is the owner of the property. The
Property Interest is approximately 7,307 square feet in size, is unoccupied and undeveloped,
and will not require the relocation of any owners or occupants.
Fi in : In order to acquire a property interest 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:
1. The Public Interest and Necessity Require the Project.
This segment of the City in which the Property Interest is located is poised for future growth and
increased density and development. Since development within the City requires connection to
A
ADMINISTRATIVE REPORT
the City's sewer system, the construction of the Project will encourage future development and
provide the necessary infrastructure to manage the increased future density.
2. The Pro'ect is Planned or Located in the Manner that Will Be Most Compatible with the
Greatest Public Good and the Least Private Iniury.
After evaluating other potential routes for construction of the pipeline, it was determined that
routing the pipeline through the Property Interest is the least intrusive means of connecting the
development to the lift station and the City's existing sewer system. The route of the Project has
been designed in the most efficient way, minimizing any private injury, to connect the
development to the City's existing lift station. Further, the Property Interest sought is only an
easement interest for an underground pipeline.
3. The Property Interest is Necessary for the Proposed Project.
Because the pipeline must connect to the City's existing lift station, which is immediately
adjacent to the northwest corner of the Property interest, the Property Interest is required for the
Project.
4. The Offer Required by Section 7267.2 of the California Government Code was Made to
the Owner of Record of the Property Interest.
The City engaged an independent licensed appraiser to appraise the Property Interest and to
determine just compensation based on the Property Interest's "Fair Market Value." A written
offer at the full amount of appraised just compensation ($3,000) was made to the property
owner on or about March 25, 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 Property Interest;
2. Request that the court grant early possession of the Property Interest; 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.CHPsite.TaftHwyLLC.docx
BA
covoq S
ADMINISTRATIVE REPORT
IF
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM: 9. 6.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 2, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: A public hearing to consider the Resolution ordering 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.
BACKGROUND: The City 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. Vacation of the existing public utilities is required before
San Joaquin Tire can expand onto this area. The sole public utility within this specific area is a
sewer line. The existing sewer line will be relocated at the property owner's expense.
Preliminary notices were mailed to all adjacent property owners within a minimum 300 - foot
radius of the proposed vacated area. Public Works has received no objections from these
owners as of the date of this report.
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.
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.
Resolution of Intention No. 1740 declaring intention to order said proposed vacation was
May 2, 2013; 9:55 AM
G: \GROUPDAT \ADMINRPT \2013 \05- 15 \PUE vacation W. Sumner and Golden State
ADMINISTRATIVE REPORT
adopted by City Council at the regular meeting of April 17, 2013.
Notice of this public hearing has been duly advertised and posted as required by law.
/mm
May 2, 2013; 9:55 AM
G: \GROUPDAT \ADMINRPT \2013 \05- 15 \PUE vacation W. Sumner and Golden State
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM: q. d.
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD_
DATE: April 12, 2013
CITY ATTORNEY
CITY MANAGER_
SUBJECT: General Plan Amendment /Zone Change 12 -0469 (Ward 3)
Quad Knopf, Inc., representing GC Investments, the property owners, has
applied for a general plan amendment and zone change on 14.76 acres
generally located on the northeast corner of Stockdale Highway and Coffee
Road.
1. Resolution adopting a Negative Declaration.
2. Resolution approving the general plan amendment changing the land
use designation from HR (High Density Residential) to OC (Office
Commercial).
3. First reading of ordinance amending the Official Zoning Map in Title 17 of
the Bakersfield Municipal Code by changing the zone district from R -3
(Multiple Family Dwelling) and R -2 (Limited Multiple Family Dwelling) to C-
O (Professional and Administrative Office).
RECOMMENDATION:
Staff recommends adoption of resolutions and first reading of the ordinance.
BACKGROUND:
The applicant proposes amendments to the Metropolitan Bakersfield General Plan Land Use
Element and Zoning Ordinance to accommodate an office commercial development with
the possibility to develop up to 275,000 square feet of floor area. The site is currently vacant
and zoned for multi - family residential. The applicant stated the proposed project is needed to
meet the demand of office commercial uses of the surrounding area.
The City's Bikeway Master Plan identifies Coffee Road and Stockdale Hwy as Class 2 facilities
(bike lanes). Bike lanes currently exist. However, a portion of Stockdale Hwy does not have
lane striping. At the time the property is developed, lane striping will be required with the
construction of street improvements.
Primary vehicle, bicycle and pedestrian access to the site will be via Coffee Road (Arterial),
Stockdale Hwy (Arterial) and Westfield Road (Local). All sidewalks and pedestrian access
throughout the development will be required in accordance with City standards. There are
currently two GET bus routes that run along the project site. Route 21 that runs between CSUB
and Bakersfield College and Route 61 that runs from Bakersfield College to the Walmart
shopping center at Panana Lane and the 99 Freeway.
ADMINISTRATIVE REPORT
Page 2
The project site is currently vacant but the surrounding area is developed with urban uses. The
proposal would provide office commercial uses to a long time vacant parcel in the City's
urban core. The Metropolitan Bakersfield General Plan encourages infill projects and the
intensification of land use that maintains continuity with existing development. The proposed
project will infill an existing urban area and provide residents with supporting commercial uses
that capitalizes, enhances, and expands upon existing physical and economic assets.
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on March 21, 2013, and recommended approval to the City
Council. Commissioners Batey, Dodgin, Kirschenmann, Lomas, Strong and Wade voted in
favor; Commissioner Tkac recused due to a conflict.
One individual spoke in favor and three individuals spoke against the proposed project. Mr.
Rich O'Neal spoke in favor of the office commercial use proposed and wants to see a
continuation of bike lanes and landscaping to protect the privacy of neighboring residents.
Joseph Kandle and Mr. and Mrs. Chong spoke against the project.
Concerns raised included that no site plan was submitted to see more specifically what is
proposed, as well as concerns about the negative impacts to the surrounding residents
regarding building height and overlooks. To address these concerns, the Commission asked
staff to summarize the ordinance requirements that address overlook issues, such as setbacks,
landscaping, window placement and positioning of buildings. The applicant stated site plans
will be submitted at a later date because the property owner is still exploring the various
options for the type of office development they will pursue.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on February 19, 2013, in accordance with CEQA.
CG - S: \GPAs \GPA 1st 2013 \12 - 0469 \Staff Report & Admin \CC 1 st read.doc
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM: C1 , d
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas Mclsaac, Community Development Director DEPARTMENT HEADYd'
DATE: April 12, 2013 CITY ATTORNEY
CITY MANAGER-
SUBJECT: General Plan Amendment /Zone Change 13 -0005 (Ward 4)
Bolthouse Properties LLC, the property owner, has applied for a general plan
amendment and zone change on 43.97 acres located along the south side of
Stockdale Highway, approximately one - quarter mile west of South Renfro Road.
1. Resolution adopting a Negative Declaration.
2. Resolution approving the general plan amendment changing the land use
designation from HR (High Density Residential) to LR (Low Density Residential)
on 43.97 acres.
3. First reading of ordinance amending the Official Zoning Map in Title 17 of the
Bakersfield Municipal Code by changing the zone district from R -3 (Multiple
Family Dwelling) to R -1 (One Family Dwelling) on 43.97 acres.
RECOMMENDATION:
Staff recommends adoption of resolutions and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the future development of 217 single - family dwelling units on the
43.97 acre project site. The proposal will change the land use designation from multi - family to low
density residential. This change is consistent with developed property to the east and proposed
development to the south. Additional multiple - family residential zoning exist to the west; therefore
the proposal promotes a logical land use pattern within this developing area. The site primarily
consists of agricultural land and is located within the Stockdale Ranch EIR project area,
approved in 2010.
Primary access to the site is yet to be determined by will likely occur from Stockdale Highway (an
Arterial) and /or the future alignment of Claudia Autumn Drive (a designated Collector roadway
south of Stockdale Highway). When completed, the alignment of Claudia Autumn Drive will
bisect the project, following the curve along the proposed GPA /ZC and continue west. There are
ADMINISTRATIVE REPORT Page
also two future freeways adjacent to this site, the West Beltway (Rudd Avenue) is immediately to
the west, and the Westside Parkway interchange is to the north.
The City's Bikeway Master Plan identifies Stockdale Highway as a Class 2 facility (bike lanes). Bike
lanes currently exist adjacent to the project site along Stockdale Highway. Class 2 bike lanes are
also planned for South Renfro Road and Heath Road. These bike lanes will be installed at the time
the property is developed. Lane striping will be required with the construction of street
improvements. The Traffic Engineer, however, will evaluate if striping should be delayed if its
installation will compromise public safety (e.g. short lengths of unconnected bike lanes that
would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then
occur at the time the City added bike lanes along the street with connections to the existing
bikeway network.
The project site is also within the Western Rosedale Trails Plan area. Plans include a multi -use trail
along the south side of Claudia Autumn Drive to Wegis Avenue. The proposed trails will be
installed when development occurs and will be dedicated to the City. The nearest GET bus stop
is approximately two miles away, along Bus Route 82 that runs from the Downtown Transit Center
to the CSUB campus on Stockdale Highway.
The Planning Commission conducted a public hearing on this general plan amendment /zone
change on March 21, 2013, and recommended approval to the City Council. Commissioners
Kirschenmann, Lomas, Batey, Dodgin, Strong and Wade voted in favor; Commissioner Tkac
rescinded from voting on this project stating a conflict of interest. No individuals or agencies
present at the hearing opposed the request.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on February 19, 2013, in accordance with CEQA.
DL\ S: \GPAs \GPA 1st 2013\ 1 3-0005\Admin SR \CC 1st read.doc
MEETING DATE: May 15, 2013 AGENDA SECTION: Consent Calendar Hearings
ITEM: 9. e
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas Mclsaac, Community Development Director DEPARTMENT HEADJL�
DATE: April 12, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment /Zone Change 13 -0006 (Ward 4)
McIntosh & Associates, representing Black Ops Real Estate III /Matt Wade, the
property owner, has applied for a general plan amendment and zone change on
approximately 40 acres located at the northeast corner of Noriega Road and Rudd
Avenue.
1. Resolution adopting a Negative Declaration.
2. Resolution approving the general plan amendment changing the land use
designation from R -IA (Resource- Intensive Agriculture) to LR (Low Density
Residential) on approximately 40 acres.
3. First reading of ordinance amending the Official Zoning Map in Title 17 of the
Bakersfield Municipal Code by changing the zone district from County A
(Exclusive Agriculture) to City R -1 (One Family Dwelling) on approximately 40
acres.
RECOMMENDATION:
Staff recommends adoption of resolutions and first reading of the ordinance.
The proposal would allow for the future development of 135 single - family dwellings units on the 40
acre project site. The proposal also includes annexation of the site into the City of Bakersfield (the
site is within the City's Sphere of Influence). The current city boundary is located approximately
one -half mile east and one - quarter mile north of the project site. There are two pending
annexations (Annexations No. 639 & 645) between the project area and the existing city limits.
Once these annexations are completed, the project site will be contiguous to the city limits. It
should be noted, however, that the City will not submit an application for annexation to LAFCo
until a resolution is reached in the current dispute with Kern County regarding the County's re-
interpretation of the master tax split agreement.
ADMINISTRATIVE REPORT Paget
The project site consists of cultivated agricultural land located within Agricultural Preserve No. 9
and is currently under a Williamson Land Use Contract. Since a notice of non - renewal was filed in
2004, this Contract will expire on December 30, 2013. It is anticipated that annexation of the site
will be complete after the Williamson Land Use Contract expires.
Primary access to the site is yet to be determined, but will likely occur from Noriega Road and /or
Rudd Road. The future alignment for the West Beltway (Rudd Road) is located along the project's
western boundary.
The closest bike way to the site is located on Renfro Road, approximately one -half mile to the
east. The City's Bikeway Master Plan identifies Renfro Road as a Class 2 facility (bike lanes). Bike
lanes are not identified in the Bikeway Master Plan along these portions of Noriega Road and
Rudd Avenue; however, the evaluation of bike lanes may be undertaken as part of the future
development of the site.
The proposal complies with the applicable General Plan policies and is a logical extension of
urban development. Properties to the east and south consist of developing single - family homes,
and land to the north and west is in agricultural use.
The Planning Commission conducted a public hearing on this general plan amendment /zone
change on March 21, 2013, and recommended approval to the City Council. Commissioners
Kirschenmann, Lomas, Batey, Strong and Wade voted in favor; Commissioners Dodgin and Tkac
rescinded from voting on this project stating a conflict of interest. No individuals or agencies
present at the hearing opposed the request.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on February 15, 2013, in accordance with CEQA.
DL \S: \GPAs \GPA lst 2013\ 1 3-0006\Admin SR \CC lst read.doc
MEETING DATE: May 15, 2013 AGENDA SECTION: Reports
ITEM: 11.
TO: Honorable Mayor and City Council
APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: April 24, 2013
CITY ATTORNEY A Jr
CITY MANAGER .&
SUBJECT: Legislative and Litigation Committee Report Regarding Ownership of Chickens in
Urban Residential Neighborhoods
RECOMMENDATION:
The majority of the Legislative and Litigation Committee recommends making no changes to
the existing ordinance pertaining to ownership of chickens in residential zones.
BACKGROUND:
In August, 2012, a referral was made to the Legislative and Litigation Committee to consider
allowing chickens in single - family residential zones. The issue has been discussed at length by
the Committee since September 2012 and has been the subject of considerable public input,
both in favor and in opposition.
As the discussions progressed in 2012, the possibility of allowing chickens focused on a
proposal to allow chickens on a limited basis, subject to approval of a permit by the Planning
Director, and subject to certain regulations.
Councilmember Maxwell, who was appointed as Chair of the Legislative and Litigation
Committee as of January 2013, requested a report on the past discussions for the current
members of the Committee. The staff report, as well as input from the public, was considered
by the Committee at their meeting of April 22, 2013.
The deliberation of the matter centered on several policy issues, including:
• The relative benefits of allowing chicken keeping (e.g. fresh food, insect control) for those
who would elect to do so, versus the potential negative impacts of the activity to nearby
properties (e.g. noise, sanitation).
Whether regulations to minimize impacts of chicken keeping, if adopted, would be
effective and would be observed by those keeping chickens.
The potential impacts on code enforcement resources to respond to violations and
complaints, and the cost to the City.
ADMINISTRATIVE REPORT
Page 2
• Whether the keeping of chickens in single - family residential neighborhoods would be
considered acceptable and appropriate by most residents, particularly since chickens are
generally regarded as "farm" animals.
Whether allowing the keeping of chickens might potentially expose the City to liability
because of unknown or uncertain environmental impacts.
The majority of the committee was in favor of maintaining the City's current regulations that
allow chickens to be kept in only the Residential Suburban (RS) Zone (half -acre minimum lot
size) and Agricultural (A) Zone. However, as a result of the split vote on this issue, staff was
directed to provide a Majority and Minority Report for consideration by the City Council, both
of which are included as attachments to this administrative report.
DM /RS
MEETING DATE: May 15, 2013 AGENDA SECTION: Deferred Business
ITEM: (2.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: April 30, 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 by the February 25, 2013 bid deadline are listed below.
(1I���1� �ut•PI`. J
Municipal Maintenance Equipment, Inc. $ 900,869.55
Sacramento, CA
Haaker Equipment Company $1,066,046.33
La Verne, CA
This item was originally brought before Council on April 17, 2013. During the Public
Statement process Mr. David Kane from Haaker Equipment Company addressed Council
declaring his protest to the award of the Street Sweepers to Municipal Maintenance
Equipment, Inc. The item was subsequently removed from the agenda for further
consideration.
Haaker Equipment Company submitted a formal protest letter to staff on April 22, 2013.
Attached are copies of the protest letter, memos from staff addressing the nature of the
complaints and letters from Municipal Maintenance Equipment, Inc., the low bidder and
Schwarze Industries, the body manufacturer, clarifying issues related to the protest.
Staff finds the low bid submitted by Municipal Maintenance Equipment, Inc. to be
acceptable and recommends award of the bid in the amount of $900,869.55.
Purchasing Division/kb
SAPURCHWDMINWdmin 12- 13\Mechanical Rear Broom Street Sweeper (Re -Bid) with protest, 12- 13-64, May 15, 2013.docx
April 30, 2013
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 1, 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. ACTION TAKEN
1. ROLL CALL
Present: Vice -Mayor Weir, Councilmembers
Maxwell, Smith, Hanson, Sullivan, Johnson
Absent: Mayor Hall
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Motion by Counciimember Hanson to adjourn to APPROVED
Closed Session at 3:33 p.m.
Motion by Councilmember Smith to adjourn from
Closed Session at 5:15 p.m. APPROVED
4. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to STAFF WAS GIVEN
Government Code Section 54957.6. DIRECTION
5. 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, May 1, 2013 - Page 2
REGULAR MEETING - 5:17 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson
Absent: None.
2. INVOCATION by Minister Hayward Cox, Church of
God.
3. PLEDGE OF ALLEGIANCE by Peyton Beckham, 2nd
grade student at Patriot Elementary School.
Mayor Hall acknowledged the students from Ridgeview High
School government class in attendance at the meeting to
learn about City government.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Dee Ann Graham, American Legion Post 26
President, and Melinda Huston, Poppy
Chairman, declaring May 2013, Poppy Month.
Ms. Graham accepted the Proclamation and
made comments.
5. PUBLIC STATEMENTS
a. David Lyman, Manager of the Bakersfield
Convention and Visitor's Bureau, spoke
regarding National Travel and Tourism Week,
beginning on Sunday, May 4th.
b. Bryan Burrow, President and CEO of the
Bakersfield Symphony Orchestra, spoke
regarding the need for music education and
the benefits of having a symphony orchestra;
and he asked the City to look into helping fund
the Bakersfield Symphony Orchestra.
Councilmember Johnson asked that Mr.
Burrow's recommendation be referred to
budget discussions to see If it Is possible to help
finance the Bakersfield Symphony Orchestra.
Councilmember Maxwell concurred with
Councilmember Johnson's referral and
expressed the importance of music education
and the orchestra to the community.
ACTION TAKEN
Bakersfield, California, May 1, 2013 — Page 3
5. PUBLIC STATEMENTS continued ACTION TAKEN
C. The following individuals spoke in support of the
High Speed Rail, and asked for the City's
support: Kathleen Ellis Faulkner; and Iva
Fendrick and provided written materials.
d. Marvin Dean spoke in support of various
agenda items; he commented on the High
Speed Rail meeting last week and the
Transportation Forum held on April 18th; and
stated he supports Consent Calendar item 13,
and offered the Kern Minority Contractor's
Association's services to help get the residents
of the Bakersfield Homeless Center job ready
and hold safety training.
6. WORKSHOPS
a. Presentation of Proposed FY 2013 -14 Budget.
(Alan Tandy, City Manager and Chris Huot,
Administrative Analyst)
City Manager Tandy made staff comments and
provided a PowerPoint presentation.
Administrative Analyst Huot presented the financial
overview and provided a PowerPoint presentation.
City Manager Tandy made additional comments.
Vice -Mayor Weir made comments on the need for
better public safety and asked staff to develop a
systematic strategic planning document, In which over
a five year period we could strive for average
response times or better than average response times;
he asked for periodic updates and to hold a public
presentation on this subject prior to the next budget
cycle.
Councilmember Johnson spoke regarding a
memorandum that was brought to the Safe
Neighborhoods Committee meeting, regarding
possible options to Increase public safety, and
suggested the city hire 20 additional sworn officers
and 10 professional civilian staff, and have this matter
brought back to Council when the Police Department
gives their budget presentation.
Bakersfield, California, May 1, 2013 - Page 4
6. WORKSHOPS continued ACTION TAKEN
Counciimember Sullivan asked that the freeway
improvements and beautification be worked into our
budget.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 17, 2013
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
April 5, 2013, to April 18, 2013, in the amount of
$18,648,966.61 and self- insurance payments
from April 5, 2013, to April 18, 2013, in the
amount of $168,778.68 totaling, $18,817,745.29.
Ordinances:
C. First Reading of Ordinance adopting a FR
Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal
Code by changing the zoning (pre- zoning) on
75 acres zoned R -1 (Low Density Residential)
and 5 acres zoned E (5) RS PE (Estate 5 Acres,
Residential Suburban Combining, Petroleum
Extraction Combining) in the County of Kern, to
the City zone district of R -1 (One - Family
Dwelling) on the entire 80 acres, located at the
southwest corner of Renfro Road and Noriega
Road. (ZC# 12 -0463 - McIntosh and Associates
representing Black Ops Real Estate VIII).
d. First Reading of Ordinance amending Municipal FR
Code Section 1. 12.060 by adding Annexation
No. 556 located along the west side of Stine
Road, on the north and south side of Taft
Highway to Ward 6.
rJ
Bakersfield, California, May 1, 2013 — Page 5
CONSENT CALENDAR continued
e. Road Funding Ordinance Revisions:
1. Adoption of Ordinance amending
Chapter 3.04 of the Municipal Code
relating to the Special Gas Tax
Improvement Fund.
2. Adoption 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.
Adoption 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:
g. Resolution confirming approval by the City
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City
for which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and authorizing
collection of the assessments by the Kern
County Tax Collector.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
ORD 4727
RES 045 -13
8.
Bakersfield, California, May 1, 2013 - Page 6
CONSENT CALENDAR continued ACTION TAKEN
h. 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 4-114 (3838 San Dimas Street)
RES 046 -13
2. Area 1 -93 (5000 Commerce Drive)
RES 047 -13
3. Area 2 -53 (4621 White Lane)
RES 048 -13
4. Area 1 -94 (10948 Snow Road)
RES 049 -13
5. Area 3 -87 (5511 Woodmere Drive)
RES 050 -13
6. Area 3 -88 (Hosking, SR99 South)
RES 051 -13
i. Resolution of Intention No. 1747 ordering the
ROI 1747
vacation of a sewer line easement and sewer
lift station easement on the north side of
McCutchen Road between Progress Road and
Gosford Road.
Agreements:
j. Agreement with Brown Armstrong AGR 13 -064
Accountancy Corporation ($49,200) for a full
scope annual audit of the 2012 -13 fiscal year.
k. Agreement with Castle & Cooke California, Inc. AGR 13 -065
($136,000), to purchase real property located
at the southeast corner of San Juan Avenue
and Cedmont Drive for a domestic water well
site.
Rosedale Highway Widening and the Mohawk REMOVED FOR
North Extension Projects: SEPARATE
CONSIDERATION
1. Settlement Agreement with Tricor Energy,
LLC, ($1,008,500), for the reimbursement
of costs to relocate facilities being
impacted by the Project within the
Fruitvale Oil Field.
2. Amendment No. 2 to license Agreement
No. 08 -093 with Tricor Energy, LLC.
8.
Bakersfield, California, May 1, 2013 - Page 7
CONSENT CALENDAR continued ACTION TAKEN
Item B.I. continued
3. Drill Site Agreement with San Joaquin AGR 13 -067
Facilities Management (SJFM, a
subsidiary of Tricor Energy, LLC).
4. Appropriate $1.4 million Developer share
project cost to the Public Works Capital
Improvement Budget within the
Transportation Development fund for the
Mohawk North Extension project. (TRIP)
M. Contract Change Order No. 105 to Agreement AGR 07 -304
No. 07 -304 with Security Paving Construction, CCO105
($40,000; revised not to exceed $33,557,593.09),
for the State Route 178 and Fairfax Road
Interchange Project. (TRIP)
Bids:
n. Reject all bids for Mill Creek Linear Sister City
Gardens Phase B.
o. Accept bid from Lehr Auto Electric
($183,018.25), for 50 Panasonic Toughbook
Laptops for the Police Department.
P. Accept bid and approve contract with AGR 13 -068
Bowman Asphalt, Inc. ($170,426), for street
improvements on Wible Road - Berkshire Road
to Panama Lane.
q. Pavement Rehabilitation 2011 Phase 1 - Truxtun REMOVED FOR
Avenue from Mohawk Street to Oak Street: SEPARATE
CONSIDERATION
1. Accept bid and approve contract with
Griffith Company, ($1,495,495).
2. Appropriate $265,000 additional Federal
Surface Transportation Program Funds
to the Public Works Department's
Capital Improvement budget within the
SAFETEA -LU Fund.
Miscellaneous:
Distribution of $625,000 from the Board of State
and Community Corrections to the
municipalities, contract cities and special
districts in Kern County in accordance with
the terms agreed upon by the Chiefs of Police,
special district, and Kern County Sheriff.
8.
Bakersfield, California, May 1, 2013 - Page 8
CONSENT CALENDAR continued ACTION TAKEN
Successor Agency Business:
S. Receive and file successor agency payments
from April 5, 2013, to April 18, 2013, in the
amount of $306,187.13.
Councilmember Johnson requested that item 8.e. be
removed for separate consideration.
Councilmember Maxwell requested items 8.1 and 8.q.
be removed for separate consideration.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.s. with the removal of
items 8.e., 81, and 8.q. for separate consideration.
e. Road Funding Ordinance Revisions:
1. Adoption of Ordinance amending ORD 4725
Chapter 3.04 of the Municipal Code
relating to the Special Gas Tax
Improvement Fund.
2. Adoption of Ordinance Authorizing the ORD 4726
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.
Councilmember Johnson reiterated what he stated at
the last Council meeting, that he did not support the
implementation of a utility surcharge fee and will be
voting no on this item.
Motion Vice -Mayor Weir to adopt Consent Calendar APPROVED
item 8.e. NOES JOHNSON
8.
9.
10.
Bakersfield, California, May 1, 2013 - Page 9
CONSENT CALENDAR continued ACTION TAKEN
Rosedale Highway Widening and the Mohawk
North Extension Projects:
Settlement Agreement with Tricor Energy, AGR 13 -066
LLC, ($1,008,500), for the reimbursement
of costs to relocate facilities being
impacted by the Project within the
Fruitvale Oil Field.
2. Amendment No. 2 to license Agreement AGR 08- 093(2)
No. 08 -093 with Tricor Energy, LLC.
3. Drill Site Agreement with San Joaquin AGR 13 -067
Facilities Management (SJFM, a
subsidiary of Tricor Energy, LLC).
4. Appropriate $1.4 million Developer share
project cost to the Public Works Capital
Improvement Budget within the
Transportation Development fund for the
Mohawk North Extension project. (TRIP)
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar Item 8.1.
q. Pavement Rehabilitation 2011 Phase 1 - Truxtun
Avenue from Mohawk Street to Oak Street:
1. Accept bid and approve contract with AGR 13 -069
Griffith Company, ($1,495,495).
2. Appropriate $265,000 additional Federal
Surface Transportation Program Funds
to the Public Works Department's
Capital Improvement budget within the
SAFETEA -LU Fund.
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar Item 8.q.
CONSENT CALENDAR PUBLIC HEARINGS
None.
HEARINGS
None.
Bakersfield, California, May 1, 2013 -Page 10
11. REPORTS ACTION TAKEN
a. Department Budget Presentations:
General Government
Administrative Analyst Huot made staff
comments and provided a PowerPoint
presentation.
In response to a question from Councilmember
Hanson, City Manager Tandy stated that his
office will be providing a memorandum to the
Mayor and City Council, pointing out the
paperless agenda packet costs, savings, and
the potential legal complications associated
with that, within the next month.
Councilmember Smith encouraged continued
promotion of wellness and a robust wellness
plan.
2. City Attorney's Office
City Attorney Gennaro made staff comments
and provided a PowerPoint presentation.
Councilmember Hanson thanked the City
Attorney's office for their efforts and feels It has
been very profitable to the City of Bakersfield.
Councilmember Johnson asked staff if the City
Attorney's office would consider handling the
eminent domain process in Its entirety, in order
to save money.
City Attorney Gennaro advised they are looking
into that possibility.
Councilmember Maxwell thanked City
Attorney Gennaro for the amount of money
saved and the productivity from her
department.
Bakersfield, California, May 1, 2013 — Page 11
11. REPORTS
Item 1 La. continued
3. Financial Services
Finance Director Smith made staff comments
and provided a PowerPoint presentation.
Vice -Mayor Weir thanked Finance Director
Smith for his effort in getting the assessment
districts refinanced and saving the districts and
taxpayers money; and he asked if the
PowerPoint presentation is on -line.
Finance Director Smith advised that the
PowerPoint will be available on the City website
tomorrow.
In response to Councilmember Hanson's
question, Finance Director Smith advised that
the total amount of the City's unfunded liability
is $105 million.
12. DEFFERED BUSINESS
None.
13. NEW BUSINESS
a. Initiation of Freeway Litter Program (city- wide):
Delegated Maintenance Agreement
with State of California Department of
Transportation ($252,640 for one year) to
authorize and provide funding for the
City to remove litter from freeway
shoulders and ramps within city limits with
use of contract crews from the
Bakersfield Homeless Center.
2. Memorandum of Understanding (MOU)
with Kern Council of Governments
($20,000), to provide funding for initiation
of program for remainder of FY 12/13.
3. Agreement with Bakersfield Homeless
Center ($561,600 annually; renewable for
four one -year terms), to provide crews to
remove litter from freeway shoulders and
ramps within City limits.
ACTION TAKEN
AGR 13 -070
AGR 13 -071
AGR 13 -072
Bakersfield, California, May 1, 2013 - Page 12
13. NEW BUSINESS continued ACTION TAKEN
Item 13.a. continued
4. Appropriation of $252,640 of Caltrans
funding and $20,000 of Kern Council of
Governments funding to the Public
Works Department's operating budget
within the Refuse Fund.
Public Works Director Rojas made staff comments.
Solid Waste Superintendent Moretti made additional
staff comments and provided a PowerPoint
presentation.
Councilmember Smith asked staff to adjust the
language for the future independent contractor's
agreement with CalTrans, specifically where it states
"shoulders" to add "and landscape areas" so that
everything Is clear In the contract.
Mayor Hall expressed his happiness and excitement to
being able to finally do something more with the
freeway litter problem in the City. He stated that he is
happy to have the support of Kern COG and from
several other agencies on this new program; and
announced that a press conference will be held on
Friday morning at 10:00 a.m., at the park and ride on
Stockdale Highway next to the Kaiser Permanente
Medical Facility. He said there will be representatives
from all the parties involved and encouraged the
Councilmembers and the public to share in this happy
day for Kern County.
Motion by Councilmember Sullivan to adopt New APPROVED
Business item 13.a.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Maxwell asked staff to look into
cleaning up the alley behind the last loop of Spruce
Street.
Councilmember Maxwell asked to refer the Issue of
hookah lounges and marijuana shops to the
Legislative and Litigation Committee, to review our
current ordinances to ensure they are complying with
the City's rules and regulations.
Bakersfield, California, May 1, 2013 - Page 13
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Vice -Mayor Weir commented on his recent
attendance to a League of Cities board meeting, held
In Sacramento; he stated that he had the opportunity
to speak with the CEO of CalPERS and the Governor,
about some issues pertaining to the City of Bakersfield;
he stated that we have some challenges in front of us,
as the implication is that whatever services can be
moved down to the local jurisdiction, the Governor will
do that.
Councilmember Sullivan thanked the Keep Bakersfield
Beautiful Committee and its volunteers for their
service.
Councilmember Sullivan expressed her
disappointment that artificial turf was not used for the
median on Stine Road by Ridgeview High School, she
asked staff to designate an area to try the artificial turf,
as she feels it will save water and maintenance.
Councilmember Sullivan asked for an updated report
on what the City Is doing to control the sale of artificial
synthetic marijuana.
Councilmember Sullivan thanked everyone Involved
in getting the Freeway Litter Program started, but
stated she would love to see a program created to
keep the sprinklers along the freeways In working
order and the beautification of the medians with
stamped concrete; she suggested that a good place
to start the beautification effort would be California
Avenue, then 24th Street going Into Rosedale, and then
Ming Avenue; and she stated that the color of the
stamped concrete on Stockdale Highway would be a
perfect color to use, and asked staff to look into what
color that is.
Mayor Hall acknowledged and expressed his
appreciation to members of the Council this evening
that gave him recognition for his community efforts; he
stated he loves what he does and will continue to
contribute the best that he can to make this city the
most beautiful city in America.
Bakersfield, California, May 1, 2013 - Page 14
15. ADJOURNMENT ACTION TAKEN
Mayor Hall adjourned the meeting at 7:37 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield