HomeMy WebLinkAbout06/26/13_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JUNE 26, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5;15 p.m.
REGULAR MEETING - 5;15 p.m.
1. ROLL CALL
2. INVOCATION by Ghurujoda Khalsa, Guru Ram Das Gudwara,
3. PLEDGE OF ALLEGIANCE by Lucy Thompson, 2nd grade student at Downtown Elementary
School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of certificates honoring Kern High School District's 2013
First In Class Students in the Greater Bakersfield area.
5. INSTALLATION
a. Resolution accepting the City Clerk's Certification and declaring the results of the
Special Municipal Election for the election of Councllmember for Ward 1 held In the
City on June 4, 2013.
Staff recommends adoptlon of resolutlon.
b. Administration of Oath of Office. (new Councllmember seated)
6. PUBLIC STATEMENTS
7. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d) (1) regarding Amyra Nicholson, et al. v.
City et al. USDC Case No. 1;08 -CV- 01168- AWI- BAK -SMS.
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
RECESS TO CLOSED SESSION
8. CLOSED SESSION ACTION
9. WORKSHOPS
10. APPOINTMENTS
11. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 5, 2013 Regular City Council Meetings.
Payments:
b. Receive and file department payments from May 22, 2013, to June 13, 2013, In the
amount of $19,730,913.75 and self- Insurance payments from May 22, 2013, to
June 13, 2013, in the amount of $407,604.96, totaling $20,138,518.71.
Ordinances:
C. Adoption of Ordinance adding Section 17,04.463 and amending Section 17.08.050 of
the Municipal Code relating to Medical Marijuana Dispensaries. (FR 006/05113)
(Ward 4 -7) d. Adoption of Ordinance amending Section 14.04.120 of the Municipal Code relating
to Rates and Fees. (FR 06/05113)
(Ward 2) e. Adoption 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) on
14.76 acres located at northeast corner of Stockdale Highway and Coffee Road.
(ZC # 12 -0469, Quad Knopf, Inc., representing GC Investments, the property owners).
(FR 05 115113)
(Ward 4) f. Adoption 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 located along the south side of Stockdale
Highway, approximately one quarter mile west of South Renfro Road. (ZC # 13 -0005,
Bolthouse Properties, LLC, the property owners). (FR 05115113)
(Ward 4) g. Adoption 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 located at the northeast
corner of Noriega Road and Rudd Avenue. (ZC # 13 -0006, McIntosh & Associates,
representing Black Ops Real Estate III /Matt Wade, the property owner). (FR 05115113)
Resolutions:
h. Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and the demolishment of dangerous buildings and
authorizing collection of the assessments by the Kern County Tax Collector,
Resolutions Setting Salaries and Related Benefits:
1. Resolution approving the Memorandum of Understanding setting salaries and
related benefits for the Firefighters and Engineers Unit of the Fire Department,
2. Resolution approving the Memorandum of Understanding setting salaries and
related benefits for the Fire Supervisory Unit of the Fire Department.
j. Resolution approving the Memorandum of Understanding setting salaries and
related benefits for employees In the Blue and White Collar Units.
City Council Meeting of 06/26/2013
11. CONSENT CALENDAR continued
k. Resolution setting salaries and related benefits for Officers and Employees of the
General Supervisory, Police Supervisory and Management Units.
I. Resolutions regarding Employer Paid Member Contributions:
1. Resolution modifying paying and reporting the value of Employer Paid
Member Contributions with Time -In -Grade Exceptions for Police Safety
Supervisory (Sergeants) Class.
2. Resolution modifying paying and reporting the value of Employer Paid
Member Contributions with Tlme -In -Grade Exceptions for Fire Safety and Fire
Supervisory Class.
(ward 2) M. Resolution dispensing with bidding procedures due to emergency repairs required
for the Ice Rack at the Rabobank Arena and authorizing ACCO Engineered Systems,
Inc., to perform necessary repairs, not to exceed $30,000.
(Ward 2,7) n. Resolutions of Intention adding the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming and adopting
the Public Works Director's Report for each:
1. ROI No. 1753 adding Area 3 -89 (north of NWC of Harris Road and Buena Vista
Road)
2. ROI No, 1754 adding Area 4 -115 (422 Oak Street)
Agreements:
o. Cooperative Agreement with the Bureau of Land Management for fire protection in
areas within the City and the Bureau of Land Management as defined in the annual
operating plan.
(Ward 4) p. Agreement with and indemnification of Albertsons to allow City to utilize a vacant lot
at the southwest corner of Stockdale Highway and Buena Vista Road on July 4, 2013
to accommodate additional parking for the Fourth of July Event at The Park at River
Walk.
q. Consultant Agreement with Millennium Consulting Associates ($75,000) for on -call
asbestos survey services.
r. Consultant Agreements with the following for providing on -call engineering and
surveying services for non - federally funded Capital Improvements Projects during
Fiscal Years 2013 -2014 and 2014 -2015:
1. Meyer Civil Engineering, Inc. (not to exceed $300,000).
2. Quad Knopf, Inc. (not to exceed $300,000).
3. Ruettgers & Schuler Civil Engineers (not to exceed $300,000).
S. Amendment No. 1 to Agreement No. PW 12 -117 with PLCs Plus International, Inc.
($40,000; revised not to exceed $80,000), to extend term of agreement and Increase
compensation for servicing the City's SCADA (Supervisory Control and Data
Acquisition) system for sewer and storm lift stations.
City Council Meeting of 06/26/2013
11. CONSENT CALENDAR continued
(Ward 2,4,5) t. Amendment No. 6 to Agreement No, 07 -082 with AECOM USA, INC. ($319,699 for
new services for Phase 6C and $99,774 for continuation of services for Phase 2,
totaling $419,473; revised not to exceed $17,026,157: amendment funded with traffic
Impact fees), for engineering design services for the Westside Parkway Project. (TRIP)
U. Amendments to the following On -Call Civil Engineering and Surveying Agreements
extending term one year to June 30, 2014 (no change In not -to- exceed
compensation amounts):
1. Amendment No. 2 to Agreement No. 10 -086 with AECOM Technical
Services, Inc.
2. Amendment No. 2 to Agreement No. 10 -087 with Meyer Civil Engineering, Inc.
3. Amendment No, 2 to Agreement No. 10 -088 with Ruettgers & Schuler Civil
Engineers.
Bids:
(Ward 6) V. Accept base bid and approve contract with Courts & Greens ($41,458), for Patriots
Park Shade Structure Project.
(Word 2) W. Reject all bids for recoating the Rooftop Parking Decks at the Community
Development Building,
Miscellaneous:
X. Appropriate $80,000 additional plan check revenue to the Public Works
Department's operating budget within the Development Services Fund for plan
check engineering services.
Successor Agency Business:
Y. Receive and file Successor Agency payments from May 22, 2013, to June 13, 2013, In
the amount of $332,749.08.
Staff recommends adoptlon of Consent Calendar Items 8.a. through 8. y,
12. CONSENT CALENDAR PUBLIC HEARINGS
13. HEARINGS
(ward 1) a. Public Hearing to consider the Resolution ordering the vacation of the alley located
south of Dorian Drive, east of Laurel Drive and west of S. Chester Avenue.
Staff recommends adoptlon of the Resolutlon,
14. REPORTS
4 City Council Meeting of 06/26/2013
15. DEFERRED BUSINESS
a. Fiscal Year 2013 -14 Budget;
1, Resolution approving and adopting the City's Operating and Capital
Improvement Budgets, as amended,
2, Resolution establishing the City's appropriations limit.
Staff recommends adoption of resolutions.
16. NEW BUSINESS
17. COUNCIL AND MAYOR STATEMENTS
18. ADJOURNMENT
Respectfully submitted,
Alan Tandy
0�
City Manager
6/20/13 4:45pm
City Council Meeting of 06/26/2013
AGENDA HIGHLIGHTS
June 26, 2013 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
Please note the starting time for the June .26, 2013 City Council meeting. There will not be a
soparate Closed Session meeting at 3:30 p.m. ' The Regular Meeting will begin at 5:15; the
Council will recess to Closed Session following Public Statements during the Regular Meeting.
Items 5a. and 5b. Following approval of the resolution to accept the certification of the
June 4, 2013 Special Election results for the Ward 1 council seat, the Oath of Office will
be administered to Councilmember -Elect Willie Rivera.
Items 7a. and 7b. There will be a conference with Legal Counsel regarding one matter
of existing litigation and a conference with the Labor Negotiator.
Items 11. through 111.
Sul2ervisory. Recent negotiations have resulted in tentative agreement with the Fire,
Fire Supervisory, Police Supervisory, and Blue and White Collar labor units, pending
Council approval. Certain components of the Blue and White Collar unit settlements
are traditionally applied to the Supervisory and Management units. This item requests
Council approval of four Resolutions that include the new terms, salary adjustments,
and other components that have been agreed upon with the various units and are
further described in the administrative reports. Approval is also requested for two
additional resolutions to modify the EPMC for the Police Safety Supervisory (Sergeants),
Fire Safety, and Fire Supervisory units.
Item 15a. Adoption of FY 2013/14 Budget: This item includes the consideration of two
separate resolutions: 1) adopting the Operating and Capital Improvement Budgets
($521,724,608), as amended; and 2) establishing the Appropriations Limit ($141,904,420).
The amended Operating Budget reflects several changes from the information
originally presented to Council, including a contribution to the Bakersfield Symphony
and Beale Park Band Concerts and an adjustment to the Police Department Budget.
An increase in the General Fund balance, as a result of the June 19, 2013 sales tax
report, will be used to balance these two items. In addition, the Roads Program Utility
Franchise Fee and Surcharge Fund was established after the budget was proposed.
Therefore, a budget amendment is requested to allow those specific utility surcharge
revenues to accrue directly to the Utility Road Fund, rather than as a transfer.
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: June 26, 2013 AGENDA SECTION: Presentations
ITEM: LA q .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
June 11, 2013
ED
DEPARTMENT HEA
CITY ATTORNEY p�
CITY MANAGER
Presentation by Mayor Hall of certificates honoring Kern High School District's, 2013
First in Class Students, from high schools in the Greater Bakersfield area.
RECOMMENDATION:
BACKGROUND:
krt
June 11, 2013, 9:27AM
W: MAYMADMIN\2013TIRST IN CLASS 2013.doax
MEETING DATE: June 26, 2013 AGENDA SECTION: INSTALLATION
ITEM: ,
TO: Honorable Mayor and City Council
FROM: Roberta Gafford, City Clerk
DATE: June 17, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Resolution accepting the City Clerk's Certification and declaring the results of the
Special Municipal Election for the election of Councilmember for Ward 1, held in
the City of Bakersfield on June 4, 2013.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
This resolution is required to accept the City Clerk's Certification of the Canvass of Results of the
Special Municipal Election held June 4, 2013, as certified by the Kern County Clerk. This
certification declares the following person elected to the Office of Councilmember, Ward 1, to fill
the unexpired term of Rudy Salas, commencing June 26, 2013, and expiring when a successor is
elected, qualified and has received the Oath of Office in December 2014.
Ward l: P. "Willie" Rivera
Ili
June 17, 2013, 3:02PM
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ADMINISTRATIVE REPORT
MEETING DATE June 26, 2013 AGENDA SECTION: Closed Session
ITEM: 7, q .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 31, 2013
APPROVED
DEPARTMENT HEADV�
CITY ATTORNEY
CITY MANAGER
Conference with Legal Counsel — Existing Litigation
Closed session pursuant to Government Code section 54956.9(d) (1)
• Amyra Nicholson, et al. v. City of Bakersfield, et al.
USDC Case No. 1:08 -CV- 01168- AWI- BAK -SMS
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ADMINISTRATIVE REPORT
MEETING DATE June 26, 2013 AGENDA SECTION: Closed Session
ITEM: i b
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: June 17, 2013 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section
54957.6.
VG:Isc
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A
ADMINISTRATIVE REPORT
sy %
IFO
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: / /,q.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
June 14, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Approval of Minutes of the June 5, 2013, Regular City Council Meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: June 13, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p�
CITY MANAGER A-J
SUBJECT: Receive and file department payments from May 22, 2013 to June 13,
2013 in the amount of $19,730,913.75, Self Insurance payments from
May 22, 2013 to June 13, 2013 in the amount of $407,604.96,
totaling $20,138,518.71
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
June 13, 2013, 3:20PM
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MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: f%, c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
June 14, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY A
CITY MANAGER )e-S
Adoption of Ordinance Adding Section 17.04.463 and Amending Section
17.08.050 of the Bakersfield Municipal Code Relating to Medical Marijuana
Dispensaries.
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The ordinance adds the definition of a "Medical Marijuana Dispensary" in section
17.04.463. The ordinance also amends section 17.08.050 by changing the title from "Additional
Excluded Uses" to "Prohibited Uses," and identifies a Medical Marijuana Dispensary as a use
specifically prohibited within any zone.
At its meeting on June 5, 2013, the City Council held a public hearing and introduced for
first reading the attached Ordinance, which is now presented to the Council for adoption.
R1:lsc
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MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: /, 61
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Art Chianello, Water Resources Manager
June 13, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Adoption of Ordinance amending Section 14.04.120 of the Bakersfield Municipal Code
relating to Rates and Fees (Portions of Wards 4, 5, 6 & 7).
RECOMMENDATION: Staff recommends adoption of the ordinance.
BACKGROUND: Water availability fees are necessary to compensate the City for the expense incurred in
furnishing source, storage, and water distribution facilities. Under the existing Ordinance the water
availability fee is only required to be paid at the time of final map recordation. There are projects where the
developer does not have to record a final map, for example, a project under the authority of a Conditional
Use Permit. As a result there are scenarios where the water availability fee is not required and never
collected.
Pursuant to this proposed amendment, the water availability fee will be required to be paid at the first
occurrence of either the issuance of a building permit or the recordation of a final map. This change is
necessary to ensure that the City receives the required availability fee in the rare instances when no final
map is recorded on a project.
The proposed amendment to the Ordinance was presented by Water Resources staff to the Water Board
at its May 8, 2013 public meeting, and the Water Board unanimously approved the amendment and
recommended that the ordinance be forwarded to the City Council for first reading of the Ordinance.
The first reading of the ordinance was heard on June 5, 2013.
SA2013ADMIN REPORTSWuneMmemendmtto OrdinanceAvailFee_Admin Report.doc /mr
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: %/, L ,
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD?
DATE: May 17, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption 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)
on 14.76 acres located at northeast corner of Stockdale Highway and Coffee Road
(ZC# 12 -0469 - Quad Knopf, Inc. representing GC Investments, the property owners)
(Ward 2)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 15, 2013.
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 Highway as Class 2 facilities
(bike lanes). Bike lanes currently exist. However, a portion of Stockdale Highway 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 Highway (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.
June 7, 2013, 4:17PM
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ADMINISTRATIVE REPORT
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.
Staff recommends adoption of the ordinance.
June 7, 2013, 4:26PM
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MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: Itf.
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
DATE: May 21, 2013
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption 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 located along the south side of Stockdale
Highway, approximately one - quarter mile west of South Renfro Road (ZC # 13 -0005 -
Bolthouse Properties, LLC, the property owner) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 15, 2013.
The proposal would allow for the future development of 217 single - family dwelling units on the
43.97 -acre project site. The proposed zone change is consistent with developed property to the
east and proposed development to the south. Additional multiple - family residential zoning exists
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, but 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 also two future freeways adjacent to the 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
June 7, 2013, 4:21 PM
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ADMINISTRATIVE REPORT
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 and
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. Staff recommends adoption of the
ordinance.
June 7, 2013, 4:21 PM
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MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: f f, ,
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD ' '-,
DATE: May 21, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption 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 located at the northeast
corner of Noriega Road and Rudd Avenue (ZC # 13 -0006 - McIntosh & Associates
representing Black Ops Real Estate III /Matt Wade) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 15, 2013.
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.
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.
June 11, 2013, 10:36AM
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ADMINISTRATIVE REPORT
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 are in agricultural use.
The Planning Commission conducted a public hearing on this General Plan Amendment and
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. Staff recommends adoption of the
ordinance.
June 11, 2013, 10:36AM
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MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM 1A
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD.
DATE: June 10, 2013 CITY ATTORNEYAI
CITY MANAGER
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and the demolishment of dangerous
buildings and authorizing collection of the assessments by the Kern County Tax
Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on June 10, 2013, by the City Manager designee and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of
the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated
structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris
and waste matter and /or were determined to be in violation of Chapter 15.24 of the Bakersfield
Municipal Code which prohibits maintaining dangerous buildings. The property owners were
notified and failed to comply with the notices to abate such public nuisance. After a hearing
duly noticed and held before the Building Director, the Director issued orders requiring the
property owner to abate the public nuisance. The subject properties are listed as follows:
PROPERTY LOCATION
1.
4501 Alexander Street
2.
3512 Horne Street
3.
1520 Ivan Avenue
4.
816 Karma Court
5.
36 Liggett Street
June 10, 2013, 11:02AMIkd
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APN COST
171- 230 -37
$
900.00
172- 091 -32
$
300.00
025 - 121 -01
$
300.00
171- 223 -23
$
780.00
139- 401 -04
$
1,755.00
ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 1
APN COST
6.
137 Milham Drive
139- 422 -09
$
300.00
7.
606 New Zealand Drive
518- 191 -40
$
105.00
8.
219 Northrup Street
018- 310 -15
$
660.00
9.
913 P Street
009 - 162 -09
$
300.00
10.
901 E. Planz Road
172- 121 -01
$
105.00
11.
1723 E. Planz Road
172- 041 -05
$
105.00
12.
1303 Robinson Street
018- 123 -37
$
1,100.00
13.
907 31d Street
010 -221 -11
$
300.00
Ward 2
14.
908 Eureka Street
017- 270 -14
$
105.00
15.
324 S. H Street
011 - 112 -21
$
105.00
16.
3611 K Street
120- 070 -20
$
105.00
* 17.
823 Kentucky Street
014- 300 -10
$
4,690.00
18.
408 Monterey Street
014- 070 -19
$
300.00
19.
724 Oregon Street
013- 270 -08
$
780.00
20.
1307 Oregon Street
015- 160 -18
$
665.00
21.
1311 Oregon Street
015- 160 -17
$
665.00
22.
208 17th Street
006- 123 -24
$
903.00
23.
1126 E. 18th Street
017- 180 -10
$
785.00
24.
1431 E. 18th Street
017- 220 -08
$
300.00
25.
705 33rd Street
002 -051 -30
$
105.00
* Demolished structure
Ward 4
26.
San Juan Avenue
500- 700 -12
$
300.00
Ward 5
3433 Ginseng Lane
384- 193 -09
$
27.
5908 Grass Creek Drive
497 - 162 -02
$
105.00
28.
9017 Heely Court
392 - 182 -03
$
105.00
29.
12203 Lotus Vine Street
535- 071 -13
$
105.00
30.
8536 Scotch Pine Court
513- 262 -05
$
105.00
Ward 6
31.
3901 Barbara Avenue
441 - 053 -19
$
689.00
32.
3433 Ginseng Lane
384- 193 -09
$
650.00
33.
3408 Reedsport Drive
385 - 032 -14
$
725.00
June 10, 2013, 11:02AM/kd
S:\Dana\ADMINS\2013\JUNE \6 -26- Property Abatement_Demo.docx
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 7
34. 7202 Arbor Forest Court 515- 231 -03 $ 795.00
35. 2516 Earlene Avenue 372 - 091 -14 $ 105.00
36. 2621 Mandeline Avenue 372-111-07 $ 105.00
The owners of the above - mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above - mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
June 10, 2013, 11:02AM /kd
S: \Dana\ADMINS\2013ULTNE \6 -26- Property Abatement_Demo.docx
AK
Q� �CO1P01141 � v
ADMINISTRATIVE REPORT
I0
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: #, i'
TO: Honorable Mayor and City Council
FROM: Christi Tenter, Human Resources Manager
DATE: June 14, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: 1. Resolution Approving the Memorandum of Understanding Setting Salaries and
Related Benefits for the Firefighters and Engineers Unit of the Fire Department of the
City of Bakersfield.
2. Resolution Approving the Memorandum of Understanding Setting Salaries and
Benefits for the Fire Supervisory Unit of the Fire Department of the City of Bakersfield.
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND:
The City's current agreement with the Bakersfield Firefighters Labor Organization, Local 246
(BFLO) expires on June 30, 2013. Recently, negotiations between the City and BFLO have been
concluded with both sides tentatively agreeing to a new Memorandum of Understanding (MOU).
Consistent with Council approved guidelines; the attached Resolution includes the following
components which are being recommended:
1. Term from July 1, 2013 through June 30, 2015 with a re- opener to discuss salaries and
employee pension contributions for July 1, 2014.
2. 3.5% salary increase for all members effective July 1, 2013. Effective July 1, 2013 members
hired prior to January 1, 2011, will contribute 0.5% towards their pension costs, with that
adjustment the net pay increase is 3 %.
3. Paramedic Pay of $170 a month for a maximum of twenty (20) employees.
4. Additional 3% equity adjustment for Battalion Chiefs effective July 1, 2013.
This Resolution provides the unit members with an additional increase of 1.5% above the 2%
COLA provided to the City's Blue and White Collar and Supervisory and Management Units for
two reasons; first, the additional 1% is provided to reduce the gap between the increases
provided to the Fire Safety Group and those provided to other groups over the past several
years. With the adoption of this Resolution, the gap will be reduced to 5 %. The goal is to
continue to offer modest increases above other represented groups in order to close the
remaining inequity. Second, the additional 0.5% is returning to the City in the form of a pension
contribution by members represented by BFLO. Consistent with the intent of the Public
Employees' Pension Reform Act of 2013 (PEPRA), the City is moving towards incrementally
ADMINISTRATIVE REPORT
increasing the pension contributions made by City employees.
Consistent with recent negotiations the current leadership of BFLO has continued to demonstrate
a spirit of cooperation and willingness to work with the City, including an appreciation of the
fiscal realities the City must balance
BAK
ADMINISTRATIVE REPORT
I
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Christi Tenter, Human Resources Manager �i DEPARTMENT HEAD ' /
DATE: June 14, 2013 CITY ATTORNEY v
CITY MANAGER
SUBJECT: Resolution approving the Memorandum of Understanding for employees of the
Blue and White Collar Units and adopting salary schedule and related benefits.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The City's current agreement with the employees of the Blue and White Collar Units, represented
by Service Employees International Union, Local 521(SEIU) expired on December 31, 2012.
Recent negotiations between the City and SEIU have been concluded, with both sides
tentatively agreeing to a new Memorandum of Understanding (MOU).
The Blue and White Collar Units represent over six hundred of the City's employees and include all
job classifications with the exception of the City's sworn personnel and supervisory and
management classifications. Consistent with Council approved guidelines, the attached MOU
includes the following components which are being recommended for the members of the Blue
and White Collar Units:
Term from December 31, 2012 through December 31, 2014 with a re- opener to discuss
salaries and employee pension contributions in July of 2014.
2. 2% salary increase effective July 1, 2013.
3. Additional 2.0% salary increase for Fire Dispatcher 1 and Fire Dispatcher II classifications
effective July 1, 2013.
4. A $100 per year increase in uniform allowance for Fire & Police Dispatcher, Animal Control
Officer, Police Service Technician and Fire Prevention classifications covered by the MOU.
Additionally, employees in the White Collar unit have voluntarily elected to end the mandatory
contribution of accruals to the Retirement Health Savings (RHS) plan upon separation from the
City. This requirement was the result of a previously requested option by the membership and
contribution levels were elected by the White Collar Unit. This change does not result in any costs
to the City.
ADMINISTRATIVE REPORT
Consistent with past negotiations, the Blue and White Collar negotiating team continues to
demonstrate a spirit of cooperation and willingness to work with the City, including an
appreciation of the fiscal realities the City must balance.
A
ADMINISTRATIVE REPORT
i
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM:#, le,
TO: Honorable Mayor and City Council APPROVED
FROM: Christi Tenter, Human Resources Manager DEPARTMENT HEAD
DATE: June 14, 2013 CITY ATTORNEY V
CITY MANAGER
SUBJECT: Resolution Setting Salaries and Related Benefits for Officers and Employees of the
General Supervisory, Police Supervisory and Management Units.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Traditionally, the Management and Supervisory Units' Resolution mirrors the settlements provided
for in the Memorandum of Understanding (MOU) between the City and its Blue and White Collar
Employees, represented by SEIU Local 521. The City recently concluded negotiations with SEIU on
a two -year successor MOU, which is before the Council this evening under a separate agenda
item. Consistent with Council approved guidelines, the attached Resolution includes the
following components which are being recommended for the Management, General
Supervisory and Police Supervisory groups:
1. Term from July 1, 2013 through June 30, 2015 with a re- opener to discuss salaries and
employee pension contributions in 2014.
2. 2% salary increase for all Management, General Supervisory and Police Supervisory
employees effective July 1, 2013.
3. Additional 1.5% salary increase for Police Supervisory (Police Sergeants) effective July 1,
2013. Effective July 1, 2013, Police Supervisory Group (Police Sergeants) members hired
prior to January 1, 2011, will contribute 0.5% towards their pension costs, with that
adjustment the net pay increase is 3 %.
ADMINISTRATIVE REPORT
This Resolution provides the Police Supervisory Group (Police Sergeants) with an additional
increase of 1.5% above the 2% COLA provided all other groups for two reasons; first, the
additional 1% is provided to reduce the gap between the increases provided to the Police
Supervisory Group and those provided to other groups over the past several years. With the
adoption of this Resolution, the gap will be reduced to 5 %. The goal is to continue to offer
modest increases above other represented groups in order to close the remaining inequity.
Second, the additional 0.5% is returning to the City in the form of a pension contribution by
members of the Police Supervisory Group. Consistent with the intent of the Public Employees'
Pension Reform Act of 2013 (PEPRA), the City is moving towards incrementally increasing the
pension contributions made by City employees.
Staff has met with representatives of each group covered by this Resolution and all are
agreeable and appreciative of the elements of the Resolution before you.
A
O�yCOMM,ld V
ADMINISTRATIVE REPORT
L�
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: j j� 1.
TO: Honorable Mayor and City Council
FROM: Christi Tenter, Human Resources Manager()
DATE: June 17, 2013
DEPARTMENT HEAD
SUBJECT: 1. Resolution Modifying Paying and Reporting the
Contributions with Time -In -Grade Exceptions
(Sergeants) Class.
APPROVED
CITY ATTORNEY v
CITY MANAGER
Value of Employer Paid Member
for Police Safety Supervisory
2. Resolution Modifying Paying and Reporting the Value of Employer Paid Member
Contributions with Time -In -Grade Exceptions for Fire Safety and Fire Supervisory
Class.
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND:
These Resolutions support accompanying resolutions presented tonight that intend to establish
the wages and benefits provided to members of Fire Safety, Fire Supervisory and the Police
Supervisory (Sergeants) Units.
Employees in the aforementioned units, who were hired prior to January 1, 2011, have agreed to
apply a portion of the COLA increases they are to receive on July 1, 2013 towards the cost of
their pensions. Accordingly, these employees will contribute 0.5% towards their pension costs.
This action is consistent with the intent of the Public Employees' Pension Reform Act of 2013
(PEPRA) and furthers the City Councils desire to incrementally increase the pension contributions
made by City employees.
Approval of the Attached Resolutions are necessary in order to facilitate the change in paying
and reporting the employee pension contributions and are a requirement of the Public
Employees' Retirement System (PERS).
MEETING DATE June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
V"; 101d'r 4'1
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 10, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution dispensing with bidding procedures due to emergency repairs
required for the Ice Rack at the Rabobank Arena and authorizing ACCO
Engineered Systems Inc to perform necessary repairs, not to exceed $30,000
(Ward 2).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: While General Services staff was performing routine maintenance work on the
Ice Rack at the Rabobank Arena, a brine leak was detected. Upon further investigation, the
leak was found to be coming through a seam in the sealed insulation that covers the piping
on the outlet side of the brine pump. The sealed insulation was removed and extensive
corrosion damage was evident in the carbon steel outlet piping. Extensive corrosion damage
was also found in the inlet side of the brine piping.
The Public Works Director was informed that the repairs could not be made by City staff alone.
After assessing the condition of the ice rack, 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. The ice rack is required to generate
ice for the Arena floor. Replacement parts for the ice rack require a substantial lead -time.
Events requiring ice on the Arena floor have already been booked, such as Disney on Ice. To
remedy this emergency, the Public Works Director authorized ACCO Engineered Systems Inc
to perform the necessary repairs.
If the attached Resolution is adopted, the Council will be making a finding that the work
performed by ACCO Engineered Systems Inc was of urgent necessity for the preservation of
life, health or property, thereby allowing the dispensing of bidding requirements as set forth in
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 $30,000.
Sufficient funds are available for this repair work from savings realized on completed capital
improvement projects within the Capital Outlay Fund.
GL
G: \GROUPDAT \ADMINRPT \2013 \06- 26 \Admin - Emergency Resolution for Ice Rack.doc
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD AYA
DATE: June 10, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolutions of Intention (ROI) to add the following territories to the Consolidated
Maintenance District and preliminarily approving, confirming, and adopting the
Public Works Director's Report for each,
1. ROI # 1753 to add Area 3 -89 (north of NWC of Harris Road and Buena Vista
Road) - Ward 7
2. ROI # 1754 to add Area 4 -115 (422 Oak Street) - Ward 2
RECOMMENDATION: Staff recommends adopting the Resolutions of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcels to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territories be added to the Consolidated Maintenance District at
the next City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
Ps
G: \GROUPDAT \ADMINRPT \2013 \06- 26 \ROI est CMD 3 -89 4- 115.docx
U ADMINISTRATIVE REPORT
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: I/ 0
TO: Honorable Mayor and City Council
FROM: Douglas R. Greener, Fire Chief
DATE: June 5, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Cooperative Agreement with the Bureau of Land Management for Fire Protection
in areas within the City of Bakersfield and the Bureau of Land Management as
defined in the Annual Operating Plan.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
The purpose of this Agreement is to provide for cooperation in the prevention, detection and
suppression of wild -land fires, within the protection areas of the City of Bakersfield and the
Bureau of Land Management, as identified in the Annual Operating Plan (AOP). The
agreement provides for wild -land fire management activities only and will only include structure
fires, vehicle fires and traffic accidents when adjacent wild -lands are threatened by fire from
such incidents.
The Annual Operating Plan (AOP) will be reviewed and updated as necessary by the
Bakersfield Fire Department and Bureau of Land Management prior to the initiation of fire
season. The AOP will identify reciprocal initial attack response areas from land intermingled or
adjoining protection responsibilities. Within these areas, the supporting party will not be
reimbursed for the initial attack actions for the first 12 hours following the initial dispatch of
suppression resources. If the initial response extends past the 12 hour mutual aid period, the
entire response from the time of initial dispatch shall be reimbursed. Reimbursements will be
paid for actual costs incurred and may include transportation, salary, overtime, per diem and
other approved expenditures.
This cooperative mutual aid agreement will benefit both the Bakersfield Fire Department and
the Bureau of Land Management by making specialized resources available for the detection
and suppression of wild -land fires within protection areas identified in the AOP. The Bakersfield
Fire Department maintains similar mutual aid agreements with the Forest Service and Kern
County Fire Department.
S: \Crosby\Admin. Reports \Bureau of Land Management 06 26 13.docx
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: f ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: June 12, 2013
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER & _
SUBJECT: Agreement with and indemnification of Albertsons to allow City to utilize a vacant
lot at the southwest corner of Stockdale Highway and Buena Vista Road on July 4,
2013, to accommodate additional parking for the Fourth of July Event at The Park at
River Walk. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: This agreement will allow the City, without compensation, to utilize a vacant lot at
the southwest corner of Stockdale Highway and Buena Vista Road owned by Albertsons to
accommodate additional parking for the Fourth of July Event at The Park at River Walk on July 4,
2013. In exchange, the City has agreed to provide weed control and litter removal from June 13,
2013 through August 13, 2013.
Albertsons has requested that the agreement include an indemnity clause which requires the City
to defend and hold harmless Albertsons from and against any and all loss, damage, liability or
claims (including, without limitation, costs and expense of litigation and reasonable attorneys'
fees) arising from, or connected with the City's use of the lot on July 4, 2013 and the City's
performance of the weed control and litter removal.
A similar agreement was approved on July 18, 2012 to accommodate additional parking for the
Willie Nelson Concert held on July 20, 2012.
AH:dll
S: \COUNCIL \ Admins\12 -13 Admins\ Riverwolkconcertporking .07 -04- 13.Docx
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: June 6, 2013
APPROVED
DEPARTMENT HEA
4/1'71
* %Z IL
CITY ATTORNEY
CITY MANAGER _f
SUBJECT: Consultant agreement with Millennium Consulting Associates ($75,000.00) for on-
call asbestos survey services.
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City issued a notice to asbestos survey firms on April 15, 2013 for a "Request
for Qualifications and Fee Proposal" (RFQ&P) for on -call asbestos survey services for a three -
year term. The City received "Statements of Qualifications" (SOQs) from seven firms on May
10, 2013. After a thorough review and evaluation of the SOQs, the Selection Committee met
on May 24, 2013. The Committee recommends award of the agreement to Millennium
Consulting Associates based on the combination of their qualifications and fee proposal being
the most favorable to the City.
Millennium Consulting Associates specialize s
material sampling, air sampling, asbestos
industrial hygiene and environmental health
over twenty years of experience in the field
agencies.
in building surveys, asbestos sampling, bulk
management plan development, and other
services. Millennium Consulting Associates has
and has performed similar work for other local
Funding for this agreement will be paid for through currently budgeted capital improvement
projects.
PW /Design Engineering /JC
6/17/2013 4:06 PM
G:\ GROUPDArADMINRPM013 \06- 26\Agreement On -Call Asbestos Millennium.dou
,11111111 •� /��'
11
ADMINISTRATIVE REPORT
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: June 12, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER��_
SUBJECT: Consultant Agreements for providing on -call engineering and surveying services for
non - federally funded Capital Improvement Projects during Fiscal Years 2013 -2014
and 2014 -2015 (All Wards):
1. Agreement with Meyer Civil Engineering, Inc. (not to exceed $300,000).
2. Agreement with Quad Knopf, Inc. (not to exceed $300,000).
3. Agreement with Ruettgers & Schuler Civil Engineers (not to exceed $300,000).
RECOMMENDATION: Staff recommends approval of Agreements.
BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff
implemented on -call engineering and surveying services contracts with selected engineering
firms in 1996. This on -call program provides surveying and civil engineering design services as
needed for various City CIP projects. The program has proven to be effective for providing timely
design and surveying services to the City to maintain CIP project delivery. These Agreements will
allow the on -call program to continue for Fiscal Years 2013 -14 and 2014 -15.
On April 3, 2013, a Notice to Engineering Design Firms was published in the Bakersfield Californian
to inform local engineering firms that the City was inviting interested firms to submit a Statement
of Qualifications. Staff also sent via facsimile a copy of the notice to 41 local engineering firms.
On April 26, 2013, the following 11 local firms submitted a Statement of Qualifications, along with
their Hourly Billing Rate Schedule.
AECOM
Cannon
Cornerstone Engineering
Dee Jaspar & Associates
DeWalt Corporation
Diversified Project Services International
McIntosh & Associates
Meyer Civil Engineering
Provost & Pritchard
Quad Knopf
Ruettegers & Schuler
PW /Design Engineering /ADR
6/18/2013 9:38 AM
G:\ GROUPDAT \ADMINRPT\2013 \06- 26 \Admin Report On Call Civil.docx
ADMINISTRATIVE REPORT
In May 2013, a selection committee of City staff reviewed the submitted Statements of
Qualifications and recommended award of contracts to the following three firms based upon
their qualifications being the most favorable to the City:
• Meyer Civil Engineering, Inc.;
• Quad Knopf, Inc.; and
• Ruettgers & Schuler Civil Engineers.
Since specific scopes of work have not yet been determined, the compensation amount for
each firm is set at a not -to- exceed aggregate total of $300,000 for a two year period. Project
assignments will be based on the firm's experience and expertise.
Funding for these agreements will be paid for through the actual budgeted project. No
additional appropriations are anticipated at this time.
The last on -call agreements were approved in 2010. Tonight's council agenda also includes an
extension of time for the three 2010 agreements to allow the consultants to complete tasks for
specific projects that have been previously assigned to them. Project tasks assigned to the new
agreements are distinct from the specific project tasks subject to the amendments. There will be
no overlap of project tasks between the three new agreements and the three amendments.
PW /Design Engineering /ADR
6/18/2013 9:38 AM
G:\ GROUPDAT \ADMINRPT\2013 \06- 26 \Admin Report On Call Civil.docx
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: //,,5,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: June 10, 2013
APPROVED
DEPARTMENT HEAD IL
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. PW 12 -117 with PLCs Plus International, Inc.
($40,000.00; revised not to exceed $80,000.00) to extend term of agreement and
increase compensation for servicing the City's SCADA (Supervisory Control and Data
Acquisition) system for sewer and storm lift stations (All Wards) .
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The City has 75 sewer and storm lift stations. Many of these lift stations are
monitored continuously by a computer Supervisory Control and Data Acquisition (SCADA) system.
Monitoring of the lift stations is necessary to prevent sewer overflows or storm drain blockages.
SCADA systems also integrate with alarm systems which allow employees to respond immediately
to emergencies 24/7. This system significantly reduces the risk of sanitary sewer overflow occurring
within the City. The servicing of the SCADA system is contracted out since staff does not have the
technical expertise to troubleshoot this system. Agreement No. PW 12 -117 with PLCs Plus
(Contractor), entered into on September 6, 2012, provided for the Contractor to service the
SCADA system for sewer and storm lift stations. This $40,000 agreement ends on September 6, 2013.
Approximately $1,900 remains on this agreement. This amount is insufficient to cover anticipated
costs for the remainder of the agreement's term. In addition, Streets staff is currently conducting an
inventory of the City's 75 sewer and storm lift stations to determine the stations which have a
functioning SCADA system and those that do not. Currently, lift stations without SCADA systems
require manual field checks for monitoring. SCADA systems will reduce the amount of field checks
needed by allowing staff to monitor lift stations by computer in a central location. Upon
completion of the inventory audit, staff will issue a Request for Qualifications (RFQ) to install SCADA
systems at those stations which do not have them and to service existing SCADA systems. Staff
anticipates completion of the inventory audit by the end of the calendar year with the RFQ
process immediately following.
This Amendment provides $40,000 of additional funding and a six -month term extension to allow
the Contractor's continued servicing of the SCADA system for sewer and storm lift stations until both
the inventory audit and RFQ process are completed.
PLCs Plus is a well - qualified local professional engineering firm specializing in industrial control
systems and process automation. Sufficient funds are budgeted to cover costs associated with this
amendment. Sewer Enterprise funds provide the funding source for this amendment; therefore,
there is no General Fund impact.
gi
G: \GROUPDAT\ADMINRPT\2013 \06 -26 \SCADA System - 2.docx
A
s
ADMINISTRATIVE REPORT
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: #
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: June 10, 2013
APPROVED
DEPARTMENT HEADd -
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 6 to Agreement 07 -082 with AECOM USA, INC., for Engineering
Design Services for the Westside Parkway Project ($319,699 for new services for
Phase 6C, and $99,774 for continuation of services for Phase 2, totaling $419,473.00;
for a revised total contract amount of $17,026,157.00; amendment funded with
traffic impact fees). (TRIP) (Wards 2, 4 and 5)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: AECOM USA, INC. is currently under contract to provide Engineering Design
Services for the Westside Parkway Project Phases 2, 6A, 66, and 6C. This design work has
encompassed all the freeway mainline, interchanges, bridges, and utility work from Mohawk
Street to the westerly project terminus at Heath Road /Stockdale Highway. Design consultants
also typically provide support during construction. Such support includes review of written
questions submitted by the contractor and shop drawings to ensure they conform to project bid
specifications. They also periodically attend project construction meetings and prepare 'as-
built" drawings of the project when construction is completed.
The majority of funding requested in this proposed Amendment is to pay for AECOM to provide
construction support services for the upcoming Phase 6C construction ($319,699). These services
are in addition to the engineering design work they have provided thus far. Normally, the City
does not contract for the construction support work performed by design consultants until the
construction funding becomes available; Caltrans has directed that construction funding must
be used to pay for these types of construction support services (as opposed to funding
designated for engineering /design). However, in this case, after awarding the construction
contract for Phase 6C, there is no State construction funding remaining to allocate for payment
of the construction support services; therefore, local funds are being utilized.
The remaining portion of this proposed Amendment is for the continuation of construction
support services for Phase 2 ($99,774). As the Council is aware, it was necessary to include
additional work in the construction contract for Phase 2, much of which was attributable to the
inclusion of the box culvert for the Kern County Water Agency. The work added to the
construction contract correspondingly required additional construction support from AECOM.
Also, because of the extraordinarily favorable bid climate at the time of bidding the Westside
Parkway Phase 2 project, the City was able to extend the project limits from Coffee Road to Allen
Road (an added 3 miles of freeway that included an additional interchange at Calloway Drive
June 20, 2013, 10:30AM
Trim,• r,• \(-Rr)l I Pr) AT\ AMAIKIP PT \ ,)nl'A \nA_ ')A\ Arr r)tA Amanrlmant A _Arimin PPN /_l rinr•v
ADMINISTRATIVE REPORT
and an additional bridge at Jewetta Avenue). The extended project limits allowed the City to
utilize all available State funding for the Westside Parkway Project, as we wanted to avoid having
to return any unused funds to the State.
Because of the time constraints on the State funding for this project, portions of the construction
bid and contract award were accomplished with less than final design work completed. As a
result, a higher level of construction support from the designer has been needed than what
might have been normally anticipated. However, these series of actions have been in the best
interest of completing the project, which is a critical component of the TRIP program, and has
resulted in the utilization of all available State funding for constructing the project.
For the Council's information, this Amendment is based on the number of hours actually charged
by AECOM; it is not a lump sum form of contract.
Staff requests approval of this amendment to continue the construction support services needed
for Phase 2 and to move forward with Phase 6c.
June 20, 2013, 10:30AM
THMP I Pr) AT\ AF)&AINPPT\ 7 (114 \nA_9A\ AF('r)tA Amanrimant A _Arimin RF \/ -4 rinrY
A
ADMINISTRATIVE REPORT
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: u,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD,
DATE: June 13, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment to On -Call Civil Engineering and Surveying Agreements to extend
term by one year to June 30, 2014 (no change in not -to- exceed compensation
amounts):
1. Amendment No. 2 to Agreement No. 10 -086 with AECOM Technical
Services, Inc.
2. Amendment No. 2 to Agreement No. 10 -087 with Meyer Civil Engineering,
Inc.
3. Amendment No. 2 to Agreement No. 10 -088 with Ruettgers & Schuler Civil
Engineers
RECOMMENDATION: Staff recommends approval of amendments.
BACKGROUND: The above referenced current On -Call Civil Engineering and Surveying
agreements are for services provided during Fiscal Year 2010 -2011, Fiscal Year 2011 -2012 and
Fiscal Year 2012 -2013. These agreements will expire on June 30, 2013. However, the consultants
are still working on various projects that will not be completed by that expiration date.
Therefore, an extension to these agreements is required to provide for the services necessary to
complete the assigned tasks on these various projects. This amendment does not provide any
additional compensation to the consultants as their fees for the various projects have already
been approved. In addition, the amendment excludes making any new work assignments to
the consultants.
Tonight's council agenda also includes for council consideration the three new on -call
agreements for Fiscal Years 13/14 and 14/15. Project tasks assigned to the new agreements are
distinct from the specific project tasks subject to the amendments. There will be no overlap of
project tasks between the three new agreements and the three amendments.
PW / Design Engineering / ADR
6/18/2013 9:41 AM
G:\ GROUPDAT \ADMINRPT\2013 \06- 26 \Admin On Call Civil Engineering Extension.Docx
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: 1, V,
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD ' L- 14 _
DATE: June 4, 2013
CITY ATTORNEY
CITY MANAGER &S
SUBJECT: Accept base bid and award contract to Courts & Greens ($41,458.00) for Patriots
Park Shade Structure project (Ward 6).
RECOMMENDATION: Staff recommends acceptance of the bid and award of contract.
BACKGROUND: This project includes the provision and installation of fabric shade structures
over an existing group picnic area at Patriots Park located at 1600 New Stine Road. Fabric
shade structures can reduce temperatures by ten to fifteen degrees, providing a welcome
environment. The engineer's estimate for this project was $112,400.00 for the base bid.
After bid was opened on May 16, 2013, the lowest bidder, Great Western, discovered they
made an error on the bid amount of their bid and have requested to rescind their offer and be
relieved of the obligation to perform the work. Staff has reviewed this request and
recommends allowing Great Western to rescind their bid. Staff finds the base bid from Courts &
Greens in the amount of $41,458.00 to be acceptable and recommends acceptance of the
bid.
The seven bids received are as follows. The base bid amount was used to determine the
low bid as specified by the bid documents.
Great Western
2598 W. 5700 S.
Wellsville, Ut 84339
Courts & Greens
4039 B Well Tech Way
Bakersfield, Ca 93308
RC General Engineering Inc.
6600 W. Harter Avenue
Visalia, Ca 93277
Hobbs Construction Inc.
12357 Old Friant Rd
Fresno, Ca 93730
Base Bid in the amount of $23,326.00
Base Bid in the amount of $41,458.00
Base Bid in the amount of $69,500.00
Base Bid in the amount of $83,711.00
S:WDMINISTRATION DIVISIONWdmin Rpts\2013 Admins\Patriots Shade Structure.dou
ADMINISTRATIVE REPORT
Gospich Construction Co.
9530 Hageman B -344
Bakersfield, Ca 93312
USA Shade & Fabric Structures, Inc.
350 Kalmus Drive
Costa Mesa, Ca 92660
Base Bid in the amount of $97,000.00
Base Bid in the amount of $100,200.00
Malibu Pacific
31133 Via Colinas # 107
Westlake Village, Ca 91362 Base Bid in the amount of $137,000.00
The Patriots Park Shade Structure project is funded from the Park Improvement Fund.
tj
SADMINISTRATION DIVISIMAdmin Rpts\2013 AdminsTatriots Shade Structure.docx
...............
a ���.91pIJbn, 'x , ADMINISTRATIVE REPORT
v
t.. �
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: //, pi,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
June 19, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Reject all bids for recoating the Rooftop Parking Decks at the Community
Development Building. Ward 2
RECOMMENDATION: Staff recommends rejection of bids.
BACKGROUND: Bids were solicited for re- coating the rooftop parking deck of the Community
Development Building. The bid packet originally contemplated recoating of the entire
parking area and the bid package asked for one overall dollar cost figure to complete the
project. However, after completing the walk through with prospective bidders, staff published
an addendum to separate the project into a base bid with two additive alternates. The
addendum also solicited per square foot pricing for potential repairs that might be discovered
underneath the rooftop surface.
Four bids were received. During the bid review process it became clear to staff that the
published addendum inadvertently created a document that was subject to various
interpretations regarding both the scope of work and the costing of the various segments of
work.
Staff is recommending rejecting all bids. Staff will revise the bid specifications and re -bid this
project at a later date.
Purchasing Division/kb
S:1Hdmin\Admin Reports \Reject Bids - Recoat Comm Dev Bldg Rooftop Parking Decks 12 -13 -82 June 26 2013.docx
June 18, 2013
ADMINISTRATIVE REPORT
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM: i1, X
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: June 11, 2013
PPROVED
DEPARTMENT HEAD
CITY ATTORNEY Aet+
CITY MANAGER_
SUBJECT: Appropriate $80,000 additional plan check revenue to the Public Works
Department's operating budget within the Development Services Fund for plan
check engineering services (all Wards).
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: Between 2003 and 2005, the City of Bakersfield entered into three separate
Development Agreements - Old River Ranch, Rosedale Ranch, and West Ming. In return for
several guarantees from the developers of these areas, the City is obligated to turn their
development plans around in three weeks. With the prior years' decline in development
activity, staffing levels within the Subdivisions Section were significantly reduced. Current
staffing levels within the Subdivision Section are inadequate to meet the City's obligation for a
three -week turnaround deadline for these three specific Development Agreements.
This appropriation will fund two departmental consultant agreements for plan check services,
which will allow the City to comply with the three -week turnaround for plans submitted under
these three specific Development Agreements. Plans for both West Ming and Old River Ranch
have recently been submitted, so there is an immediate need for additional plan check
services.
The funding source for this appropriation is additional plan check revenue. There has been a
significant increase in development activity and associated revenue.
Although the two consultant agreements are primarily required to meet the three -week
turnaround for the specific agreements, the two consultant contracts will be used for other
submitted plans to ensure plans are turned around in a reasonable amount of time.
mps
G: \GROUPDAT \ADMINRPT\2013 \06 -26 \Appropriation Admin Report MPS.docx
MEETING DATE: June 26, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: June 13, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file successor agency payments from May 22, 2013 to
June 13, 2013 in the amount of $332,749.08
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim MADMIN — SA \COUNCIL- ADMIN- SA- 2013\ADMIN —SA 06- 26- 13.doc 1
MEETING DATE: June 26, 2013 AGENDA SECTION: Hearings
ITEM: 1-3,4,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
June 11, 2013
APPR V ED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
A public hearing to consider the Resolution ordering 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.
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.
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.
June 11, 2013
G:\ GROUPDAT \ADMINRPT\2013 \06 -26 \S. CHESTER ALLEY VACATION
ADMINISTRATIVE REPORT
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. 1748 declaring intention to order said proposed vacation was
adopted by City Council at the regular meeting of May 15, 2013.
Notice of this public hearing has been duly advertised and posted as required by law.
/mm
June 11, 2013
G:\ GROUPDAT \ADMINRPT\2013 \06 -26 \S. CHESTER ALLEY VACATION
MEETING DATE: June 26, 2013 AGENDA SECTION: Deferred Business
ITEM: &,(4,
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: June 20, 2013
SUBJECT: Fiscal Year 2013 -14 Budget:
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Resolution Approving and Adopting the Operating and Capital
Improvement Budgets for the City of Bakersfield, California for the
Fiscal Year 2013 -14 as Amended.
2. Resolution Establishing the City of Bakersfield Appropriations Limit for
Fiscal Year 2013 -14.
RECOMMENDATION:
Staff recommends adoption of the resolutions and budget with the
amendments as set forth in Exhibit "A ".
BACKGROUND:
Attached are the resolutions adopting the Fiscal Year 2013 -14 City of
Bakersfield Operating and Capital Improvement Budgets which totals
$521,724,608.
The proposed budgets reflect the funding of the City's operating cost and
the funding of various capital improvements, including street and road
resurfacing, park and recreation facilities, and improvements to other City -
owned facilities for the 2013 -14 Fiscal Year.
The City of Bakersfield budgets total $521,724,608 with the Operating
Budget, including transfers, totaling $411,022,126 and the Capital
Improvement Budget totaling $110,702,482.
The following are proposed staff changes to the budget originally
presented:
AT:ch
S: \13 -14 BUDPRO \Budget Admins, Resos \13 -14 Budget Adoption Admin - 062613.docx
1. At the June 5, 2013 City Council meeting, staff received direction from
the Council to budget contributions to the Bakersfield Symphony
Orchestra and the Beale Park Band Concerts in the FY 13 -14 Budget. A
total of $37,000 has been incorporated into the budget - $32,000 has
been identified for a contribution to the Symphony and $5,000 for the
Beale Park Band Concerts. Increased General Fund balance related to
the June 19th sales tax report will be used to balance this item.
2. In preparation of the budget documents, staff identified a transposition
error which led to an incorrect reduction to the Police Department's
Proposed Budget. As such, staff has corrected the calculation and as
result, the Police Department's appropriations are adjusted by $252,608.
Previously identified increased General Fund revenue projections of
$210,000 and increased fund balance related to the June 19th sales tax
report will be used to balance this item.
3. On May 1, 2013, the City Council passed and adopted Ordinance No.
4726 which established the Roads Program Utility Franchise Fee and
Surcharge Fund. The ordinance requires specific utility surcharge
revenues accrue directly into the special fund. The ordinance was
approved after the budget was proposed, thus this amendment is
proposed so the action is no longer reflected as a transfer and the
revenues accrue directly to the Utility Road Fund. This results in a
$4,675,000 reduction to the transfers out, as reflected in Exhibit "A ".
Appropriations Limit
State law requires the governing body of each local jurisdiction establish its
appropriation limit by resolution each year. The appropriations limit is different
for each agency and the limit changes each year. The calculation is
performed by using cost of living, population and per capita personal income
data provided by the State Department of Finance.
The resolution adopting the Fiscal Year 2013 -14 Appropriations Limit of
$322,310,373 is included with this Administrative Report for Council
consideration and adoption. The City's appropriations which are subject to the
limit total are $141,904,290. Therefore, the proposed appropriations are
significantly below the maximum limit allowed by State law.
Economic Environment Overview
General improvements in the local economy have provided the ability to
address the restoration of critically needed positions - with a specific focus on
the Police Department sworn complement and adding resources to improve
service delivery issues throughout the organization.
Sales tax and development - related revenues have shown signs of continual
positive trending. A quarterly sales tax report received June 19th shows a year -
over -year increase of 20.8 percent for the first quarter of 2013. Comparatively,
the previous two year- over -year quarterly increases have been more typical -
at 5.3 percent and 2.52 percent, respectively. Although the most recent figures
are higher than the current year budget estimates, staff is awaiting further
data from the State which will assist in determining why this significant increase
has occurred. Until staff is able to receive and evaluate this information, it is
recommended this revenue be treated as an aberration rather than a trend.
This information, in addition to assessing future revenue trends in next fiscal
year, will enable staff to develop a more comprehensive outlook for the mid-
year budget update to Council.
At the same time the local economy is showing signs of economic recovery,
City resources continue to be threatened by the ongoing disputes with the
County and the State Department of Finance. Unfortunately, there is no finite
timeline for resolutions on any of the issues, which could carry substantial
impacts to the City's General Fund without favorable outcomes.
Additionally, the State of California recently passed a balanced budget which
awaits the Governor's signature. Although the budget does not carry large
deficits customary in past years, the temporary tax increases associated with
the voter - approved Proposition 30 play a significant role in the increased
revenue to the State.
Staff will continue to monitor all economic indicators - at the local, state and
national level - throughout the upcoming fiscal year and recommend
adjustments to the budget as needed.
Attachments
Exhibit "A"
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 5, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings - 3:30 p,m, and 5:15 p,m,
REGULAR MEETING - 3:30 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Smith,
Hanson, Sullivan, Johnson (seated at
3:35 p,m)
Absent: None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a, Department Budget Presentations:
1. Rabobank
Administrative Analyst Huot made staff
comments and provided a PowerPoint
presentation.
Councilmember Maxwell asked that staff
provide a dollar amount reflecting the 30%
decrease in energy costs.
2. Convention and Visitors Bureau
Convention and Visitors Bureau Manager
Lyman made staff comments and provided a
PowerPoint presentation.
3. Fire Department
Fire Chief Greener made staff comments and
provided a PowerPoint presentation.
ACTION TAKEN
3.
4.
5.
Bakersfield, California, June 5, 2013 - Page 2
WORKSHOPS continued ACTION TAKEN
Item 3.a,3. continued
Deputy Fire Chief Kelly made staff comments
regarding Fire Safety Services,
Deputy Fire Chief Hartley made staff comments
regarding Fire Suppression Services.
Fire Chief Greener made final staff comments,
CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9 (d)(1) for
the following:
1. Caitlyn Lomond, et al, v. City, Kern
County Superior Court Case
No. S- 1500 -CV- 275123 SPC,
2. Joe R, Slaughter, et al. v. City, et al., Kern
County Superior Court Case
No, S- 1500 -CV- 271472 LHB.
Motion by Vice -Mayor Weir to adjourn to Closed APPROVED
Session at 4:18 p.m.
Motion by Vice -Mayor Weir to adjourn from Closed APPROVED
Session at 4 :45 p.m.
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 549569 (d)(1) for
the following:
Caitlyn Lomond, et al, v. City, Kern CITYATTORNEY
County Superior Court Case WAS GIVEN
No. S- 1500 -CV- 275123 SPC. DIRECTION
2. Joe R. Slaughter, et al. v. City, et al., Kern NO REPORTABLE
County Superior Court Case ACTION
No, S- 1500 -CV- 271472 LHB.
Bakersfield, California, June 5, 2013 - Page 3
6. ADJOURNMENT ACTION TAKEN
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
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 Rabbi Schlanger, Chabad of
Bakersfield.
3. PLEDGE OF ALLEGIANCE by Nicholas Brown, 5m grade
student at Wayside Elementary School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Lance McCullah, declaring June 5, 2013, Lance
McCullah Day.
Mr. McCullah accepted the Proclamation and
made comments.
b. Presentation by Mayor Hail of a picture plaque
to Linda Jay, Chief Executive Officer, and David
Knoeb, President, of the Bakersfield Association
of Realtors, honoring the Bakersfield Association
of Realtors' beautification efforts.
Ms. Jay accepted the plaque and made
comments.
Bakersfield, California, June 5, 2013 - Page 4
5. PUBLIC STATEMENTS ACTION TAKEN
a. Sheryl Barbich spoke regarding the Kern County
Nut Festival, extended an invitation to the
Mayor, City Council, and entire community to
attend the Festival on June 15th at the Kern
County Museum, and submitted written
material.
b. Amber Beeson, Executive Director of The Giving
Tree Project Benefit Corp., spoke regarding The
Giving Tree Beautification; offered her services
as an environmental consultant and the
opportunity to save money for the City in
various ways of conservation; and submitted
written material.
Councilmember Maxwell referred Ms. Beeson's
offer to the Budget and Finance Committee to
determine the feasibility of working with her as
a partner to enhance what the City does to
reduce costs to make the City look nicer.
Councilmember Sullivan asked that this matter
also be referred to the Community Services
Committee.
C. Marvin Dean spoke regarding Ward 1;
congratulated Willie Rivera for winning the
election and requested that he be seated as
soon as possible; encouraged the residences of
the ward to support the new Councilmember
and get involved; and expressed his
disappointment in the low voter turnout,
especially since the Council spent $100,000 to
give the people the opportunity to be heard.
d. Rick Moore, Executive Director of Vision Corps,
spoke regarding the I Love America event,
celebrating 237 years of our nation's freedom,
on July 4th at Bakersfield College; invited
everyone to attend; and submitted written
material.
e. Susan Pfettscher spoke regarding the
Centennial Corridor and Westpark, and urged
the City Council to reconsider spending the
money on this project through her
neighborhood.
Bakersfield, California, June 5, 2013 - Page 5
5. PUBLIC STATEMENTS continued ACTION TAKEN
Dennis Fox spoke regarding gun control and
management; and suggested that people who
are ill and have medical cards for chemicals
should not be driving, operating equipment or
having guns.
g. Michaeijoe Goldstein, representing MGE
Underground, spoke regarding Westside
Parkway Phase 6A, and expressed that his
company would look favorably upon bidding
future Public Works projects for the City.
6. WORKSHOPS
a. Department Budget Presentation;
Recreation and Parks Department
Recreation and Parks Director Hoover made
staff comments and provided a PowerPoint
presentation.
Councilmember Johnson asked that the
reconstruction on the wall that was damaged
as a result of the recent accident on McKee
Road be expedited.
Councilmember Johnson asked that he be
provided with updates regarding any progress
being made with respect to partnering with
Workforce Development for training and
certifying lifeguards, and suggested looking
into the possibility of getting assistance from the
high school district.
2. Budget Referral Update
City Manager Tandy made introductory
comments,
Administrative Analyst Huot made staff
comments and provided a PowerPoint
presentation,
Bakersfield, California, June 5, 2013 - Page 6
6. WORKSHOPS continued
Item 6,a.2, continued
Motion by Vice -Mayor Weir to approve staff's
recommended funding levels for the Symphony
and Beale concerts, not approve any
additional officers to the Police Department at
this time, and direct staff and the Police
Department to come back during the mid- year
budget adjustments with some critical needs,
funding that's available, and a possible
recommendation of how to meet those needs.
Councilmember Johnson requested that
Vice -Mayor Weir clarify, in his motion, the dollar
amounts that he is requesting for the Beale Park
Band and the Symphony concerts.
Vice -Mayor Weir asked staff to come back to
Council at the next meeting with the split on
those amounts.
Councilmember Johnson requested that
members of the public be allowed to speak on
this item, and Mayor Hall replied they would be
able to do so after the Councilmembers have
finished with their comments and questions.
Councilmember Johnson recommended
Council approve alternative A outlined in the
staff report; add more than the additional 10
Police Officer positions that are being
proposed, to least 14; and provide $10,000 in
funding to the Symphony.
Councilmember Smith advised that he is not in
favor of taking funds from other departments,
and he is not in favor of budgeting money that
may come from County lawsuits.
Councilmember Maxwell advised he would
support Vice -Mayor Weir's motion with the
caveat that the Council comes back and
revisits this sometime in the near future when it
can be done without hurting the contingency
fund and can free up the necessary money.
Councilmember Hanson advised he would
support Vice -Mayor Weir's recommendation to
look at this in January, and, in the meantime, if
there is an issue, staff can come back to
Council with their concerns.
ACTION TAKEN
Bakersfield, California, June 5, 2013 - Page 7
6. WORKSHOPS continued ACTION TAKEN
Item 6.a,2. continued
Councilmember Johnson requested that
contingency funds be used to add 4 additional
officers tonight and give the Police Department
direction so that they can move into the
academy with those 4 additional spots at least,
and then during the mid -year budget review, if
there are additional funds then more can be
allocated.
At this time, Mayor Hall invited the public to
speak:
a. The following individuals spoke in support
of adding more Police Officers:
Gwendolyn Johnson, Belinda Mattiy,
Amy Ott, and Arthur Gray.
b. Douglas McAfee spoke in support of
funding the Bakersfield Symphony
Orchestra and Beale Band concerts.
Councilmember Sullivan advised she would not
support using up the Council Contingency
funds to add Police Officers because the
purpose of those funds is for emergencies, and
she would like to continue to make it a priority
for mid -year to plan on continuing to increase
our police force.
Councilmember Johnson stated he would like
to see that for certainty this comes back for
review at the mid -year budget discussions.
At the request of Mayor Hall, City Attorney APPROVED
Gennaro reiterated that Vice -Mayor Weir's NOES JOHNSON
motion was to approve staff recommendation
with regard to the contributions to both Beale
Park as well as the Symphony, but with direction
to staff to come back at a mid -year budget
presentation and identify the critical elements
needed within the Bakersfield Police
Department, as well as the available funds.
Bakersfield, California, June 5, 2013 — Page 8
6. WORKSHOPS continued
Item 6.a, continued
3. Overview of TRIP Financing.
Finance Director Smith made staff comments,
provided a PowerPoint presentation, and
Introduced Mike Reppe.
Mike Reppe, Senior Partner with the Law Firm of
Kutak Rock, made comments and provided a
PowerPoint presentation regarding the legal
validation process.
Councilmember Maxwell requested that staff
come back at a future date with a pie chart
identifying the amount of money needed to
complete the projects, less the Centennial
Corridor, and how that would affect the City's
borrowing and the amount it would need to
borrow, and how much of the revenues from
the three tax sources would bleed from those
projects.
Mayor Hall recessed the meeting at 8;10 p.m, and
reconvened the meeting at 8;23 p.m.
7. APPOINTMENTS
None,
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 15, 2013
Regular City Council Meetings.
Payments:
b. Receive and file department payments from
May 3, 2013, to May 21, 2013, in the amount of
$ 16,756,455.55 and self - insurance payments
from May 3, 2013, to May 21, 2013, in the
amount of $256,681.37, totaling $17,013,136.92.
ACTION TAKEN
Ordinances:
C. First Reading of Ordinance amending Section
14.04.120 of the Municipal Code relating to FR
Rates and Fees.
8
Bakersfield, California, June 5, 2013 - Page 9
CONSENT CALENDAR continued ACTION TAKEN
d. Adoption of Ordinance amending the text of ORD 4729
various sections of Chapter 17.60 of the
Municipal Code relating to signs. (FR 05115113)
e. Adoption of Ordinance adopting a Negative ORD 4730
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) (Ward 4
upon annexation). (FR 05/01/13)
Resolutions:
Resolution confirming approval by the City RES 062 -13
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City for
which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and the demolishment
of dangerous buildings and authorizing
collection of the assessments by the Kern
County Tax Collector.
g. Resolution approving the destruction of certain RES 063-13
obsolete City records, documents, instruments,
books and papers, pursuant to California
Government Code Section 34090, et seq.
(Public Works Department)
h. Resolution adopting sewer connection fees RES 064 -13
pursuant to Section 14, 12.380 of the Municipal
Code.
Resolution providing for the collection of RES 065 -13
residential refuse charges by the Kern County
Auditor - Controller's Office.
Resolution providing for the collection of sewer RES 066 -13
and storm sewer service user charges by the
Kern County Auditor- Controller's Office.
8.
Bakersfield, California, June 5, 2013 - Page 10
CONSENT CALENDAR continued
Collection of delinquent refuse and sewer
charges by the Kern County Auditor - Controller's
Office on Fiscal Year 2013/14 Property Tax Rolls;
1. Resolution providing for the collection of
delinquent refuse fees.
2. Resolution providing for the collection of
delinquent sewer fees.
Resolution of Intention No. 1752 establishing the
Police and Fire Services Community Facilities
District No. 2013 -1 (West Ming Specific Plan); to
levy a special tax therein to finance additional
Police and Fire Services required by new
development within the Community Facilities
District.
Agreements:
M. Disposition and Development Agreement
(DDA) with Golden Empire Affordable
Housing, Inc. II ($3,250,000 in various housing
funds), to support the construction of a
56 -unit affordable housing complex at 400 20th
Street.
n. Agreement with Duane Morris (not to exceed
$400,000), to provide outside legal services in
the matter of City v. Kern County, KCSC Case
No. S- 1500 -CV- 279379, related to property tax
and contract issues.
o. Renewal of Agreements with Clifford & Brown
for legal services regarding General
Miscellaneous Issues ($75,000) and General
Personnel Issues ($75,000).
P, Agreement with Professional Dynamics, Inc.
($195,000; not to exceed $65,000 annually for a
three year period, to provide utilization review
services; and $300,000; not to exceed $100,000
annually for a three year period, to provide
nurse case management services), for the Self-
Insured Workers' Compensation Program.
q. Final Map and Improvement Agreement with
Castle & Cooke California, Inc., for Tract 7161
Phase 2 located south of Chamber Blvd, and
west of Windermere Street,
ACTION TAKEN
RES 067 -13
RES 068 -13
ROI 1752
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 13 -079
AGR 13 -080
AGR 13 -081
AGR 13 -082
AGR 13 -083
8.
Bakersfield, California, June 5, 2013 — Page 11
CONSENT CALENDAR continued
r. Final Map and Improvement Agreement with
Bolthouse Development Company, LLC, for
Parcel Map 11952 Phase 2 located south of
Bolthouse Drive and west of Buena Vista
Road.
S. Design Consultant Agreement with Parsons
Brinkerhoff (not to exceed $1,495,720 - 80%
funded by federal monies, 20% local
monies), for construction management
services for the State Route (SR) -58 Gap
Closure Project. (TRIP)
Hageman Flyover Project: (TRIP)
Cooperative Agreement with the State
of California Department of
Transportation ( Caltrans), ($4,277,000;
$3,786,428.10 Federal (88.53 %) and
$490,571.90 Local (11.47 %)), to prepare
the Project Approval and Environmental
Document, Plans, Specifications and
Estimate and Right -of -Way documents.
2. Appropriate $3,915,060 Federal SAFETEA-
LU grant revenues to the Public Works
Capital Improvement Budget within the
TRIP Federal /State Grant Fund.
U. State Route (SR) 99 Improvement Projects:
1. Amendment No. 1 to Cooperative
Agreement No. 10 -110 ( Caltrans
Agreement No. 06 -1471) with the State
of California Department of
Transportation (Caitrans) reducing the
City's contribution by $160,000 (from
$250,000 to $90,000), towards
preconstruction work needed for
proposed Improvements on SR 99 from
SR 119 to Ming Avenue and from SR 204
to Olive Drive.
2. Cooperative Agreement with Caitrans
($160,000), for City's contribution towards
construction work improvements on SR
99 to the southbound off -ramp at
Panama Lane,
ACTION TAKEN
AGR 13 -084
AGR 13 -085
AGR 13 -086
AGR 10 -1100)
AGR 13 -087
8.
Bakersfield, California, June 5, 2013 - Page 12
CONSENT CALENDAR continued
Item 8.u, continued
3. Transfer $160,000 from amount budgeted
for preconstruction work for proposed
improvements on SR 99 from SR 119 to
Ming Avenue and from SR 204 to Olive
Drive to a new project for construction
work for proposed improvements on SR
99 to the southbound off -ramp at
Panama Lane within the
Transportation Development Fund,
V. Amendment No, 2 to Agreement No, 12 -095
with Mark Thomas and Company, Inc,
($159,448,86: $19,476,60 Federal, $2,523.40
Local TDF, and $137,448.86 Water Enterprise
Funding; revised not to exceed $2,751,1 60.96),
for Engineering Design Services for the Rosedale
Highway Widening Project. (TRIP)
W. Amendment No, 1 to Agreement No, 09 -055
with Niemeyer & Associates, P.C., ($12,500;
revised not to exceed $162,500 and extend
term four months), for Amtrak Railroad Track
Inspection Services.
X, Amendment No, 2 to Agreement No. 93 -144
with Jerry Manda (no change to $40 monthly
lease rate), to extend term of lease for Hangar
Space #A-2 at the Municipal Airport,
Y. Amendment No, 1 to Agreement No. ED11 -012
with AmeriNational Community Services, Inc.
($44,000; not to exceed $84,000), to provide
loan and related financial services for the City's
Single - Family Rehabilitation, Multi- Family
Rehabilitation, Commercial Loans and Down
Payment Assistance loan programs.
Z. Amendment No, 1 to Agreement No, 12 -098
with Stay Green, Inc, ($300,000; revised not to
exceed $600,000 and extend term one year),
for tree trimming.
ACTION TAKEN
AGR 12- 095(2)
AGR 09- 055(1)
AGR 93- 144(2)
AGR 13 -088
AGR 12- 098(1)
8.
Bakersfield, California, June 5, 2013 - Page 13
CONSENT CALENDAR continued
aa. Contract Change Order Nos. 54, 72, 75, 79, 83,
85, 87, 102, 108, 109, 110, 129, 133 and 134 to
Agreement No, 09 -076 with Security Paving
Company, Inc, (net decrease of $101,456.89;
revised not to exceed $93,086,029,52), for the
construction of the Westside Parkway Phase 2
Project, (TRIP)
bb, Contract Change Order No. 15, 20, 24, 26, 35,
38, 42, 43, 44, and 46 to Agreement No, 10 -168
with Security Paving Company, Inc,
($352,488.06; revised not to exceed
$24,378,248.39; change orders funded with
traffic impact and utility surcharge fees), for the
construction of the Westside Parkway Phase 4
Project. (TRIP)
CC. Contract Change Order No. 22 to Agreement
No. 11 -144 with Security Paving Company, Inc.
(net decrease of $176,064.27; revised not to
exceed $12,262,134.43), for the construction of
the Westside Parkway Phase 6B Project, (TRIP)
Bids:
dd, Accept base bid plus additive alternate No, 1
and approve contract with Day's Generator
Service, Inc, ($129,413), to furnish and install a
standby generator at Fire Station No, 7.
ee, Accept bid and approve contract with Day's
Generator Service, Inc, ($132,290), to furnish
and install a standby generator at Fire Station
No, 1.
ff. Accept bid and approve contract with
Safeway Sign Company (not to exceed
$110,693.40), for the annual contract for traffic
signs.
gg. Accept bid and approve contract with Kern
Asphalt ($266,114), for paving at the Green
Waste Facility,
hh. Accept bid and approve contract with
Bowman Asphalt, Inc. ($642,426), for
Pavement Rehabilitation 2013 Phase 3 - Dr,
Martin Luther King Jr. Blvd, from Wilkins Street to
E. California Avenue,
ACTION TAKEN
AGR 09 -076
CCO54, CCO72,
CCO75, CC079,
CCO83, CCO85,
CCO87, CCO 102,
CC0108, CC0109,
CCO 110, CCO 129,
CCO 133, CCO 134
AGR 10 -168
CCO 15, CCO20,
CCO24, CCO26,
CC035, CCO38,
CCO42, CCO43,
CCO44, CCO46
AGR 11 -144
CCO22
AGR 13 -089
AGR 13 -090
AGR 13 -091
AGR 13 -092
AGR 13 -093
8.
Bakersfield, California, June 5, 2013 - Page 14
CONSENT CALENDAR continued
II. Accept base bid and approve contract with
Brown and Fowler Construction, Inc. ($331,000),
for Beale and Saunders parks playground
rehabilitation projects.
jj. Accept bid and approve contract with Allied
Weed Control, Inc. ($388,905), for the
application of herbicides.
Miscellaneous:
kk, Transfer $25,000 from a currently budgeted CIP
project (Replace Hangar Doors -Kern Chapter)
to a new CIP project for security cameras at the
Municipal Airport within the General Aviation
Fund.
Appropriate $79,667 Federal Grant funds from
the USDA Forest Service and $54,125 State
Grant funds from the California Emergency
Management Agency to the Fire Department
Operating budget within the General Fund for
reimbursement of personnel costs on state -wide
master mutual aid assignments.
mm. Appropriate $10,000 Prevention Revenue in the
Certified Unified Program Agency (CUPA) Fund
Operating Budget for a televised Public Service
Announcement (PSA) on pool safety.
nn, Budgetary actions regarding Centennial
Corridor; (TRIP)
1. Appropriate $17,706,000 in Federal
SAFETEA -LU funding to the Capital
Improvement budget within the TRIP
Federal /State fund for continued
environmental and advanced
preliminary engineering work on the
above project.
oo. Final Map (only) with the City, Successor
Housing Agency, by operation of law to the
Bakersfield Redevelopment Agency, as
recorded owner, for Tract 7209 located north
of California Avenue and west of S Street.
ACTION TAKEN
AGR 13 -094
AGR 13 -095
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, June 5, 2013 - Page 15
B. CONSENT CALENDAR continued
pp. Authorize the Finance Director to write off
accounts receivable in various funds
totaling $152,817,49 and forward non
bankrupt accounts to a collection agency
for additional collection efforts,
qq. Department of Housing & Urban
Development (HUD) Action Plan
Amendments:
FYI 0/11 Action Plan Amendment 10,
FYI 1 /12 Action Plan Amendment 3,
and FYI 2/13 Action Plan Amendment
4.
2. Transfer $312,380 operating savings
from Acquisition and Demolition funds
and transfer $1,397,387 capital project
savings from various Capital
Improvement Projects within the
CDBG Fund to the CDBG Operating
budget for costs associated with
acquisition and /or construction of
affordable housing by a Community
Based Development Organization
(CBDO),
Successor Agency Business:
rr. Receive and file successor agency payments
from May 3, 2013, to May 21, 2013, in the
amount of $105,30.
A supplemental memorandum has been received
regarding Item 8.1, with a new Exhibit A,
Councilmember Johnson announced he would
abstain due to perception of a conflict, on item 8.m.
Councilmember Maxwell requested that items 8.m.
and 8.nn. be removed for separate consideration.
ACTION TAKEN
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 8.a. through 8.rr., with the removal of
items 8.m. and 8.nn. for separate consideration.
Councilmember Johnson left the Chamber at this
time.
8.
Bakersfield, California, June 5, 2013 - Page 16
CONSENT CALENDAR continued
M. Disposition and Development Agreement
(DDA) with Golden Empire Affordable
Housing, Inc, II ($3,250,000 in various housing
funds), to support the construction of a
56 -unit affordable housing complex at 400 201h
Street,
Motion by Councilmember Maxwell to adopt
Consent Calendar Item 8.m.
Councilmember Johnson returned to the Chamber at
this time,
nn. Budgetary actions regarding Centennial
Corridor; (TRIP)
1. Appropriate $17,706,000 in Federal
SAFETEA -LU funding to the Capital
Improvement budget within the TRIP
Federal /State fund for continued
environmental and advanced
preliminary engineering work on the
above project,
Motion by Councilmember Maxwell to adopt
Consent Calendar Item 8.nn.
9. CONSENT CALENDAR PUBLIC HEARINGS
a, Protest Hearing to consider Resolution
approving and adopting the Public Works
Director's Report for the Consolidated
Maintenance District and the 2013 -2014
budget, confirming the park landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector,
(Staff recommends overriding protests and adoption
of Resolution.)
b. Protest Hearing to consider Resolution
approving and adopting the Public Works
Director's Report for the Consolidated
Maintenance District and the 2013 -2014
budget, confirming the street landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector.
(Staff recommends overriding protests and adoption
of Resolution.)
ACTION TAKEN
AGR 13 -078
APPROVED
ABS JOHNSON
APPROVED
RES 069 -13
RES 070 -13
Bakersfield, California, June 5, 2013 - Page 17
9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN
C. Protest Hearing to consider Resolution RES 071-13
approving and adopting the Public Works
Director's Report for seventeen (17) Traffic
Signal Maintenance Districts and the 2013 -2014
budgets, confirming the assessments and
authorizing collection of assessments by the
Kern County Tax Collector. (Staff recommends
overriding protests and adoption of Resolution.)
d. Public Hearing to consider Resolution ordering RES 072 -13
the vacation of a sewer line easement and
sewer Iift station easement on the north side of
McCutchen Road between Progress Road and
Gosford Road. (Staff recommends adoption of
Resolution.)
e. Public hearing to consider Resolution ordering RES 073 -13
the summary vacation of a public utilities
easement located south of Ming Avenue and
west of Canter Way, (Staff recommends adoption
of Resolution.)
f. Public hearing to consider Resolution approving RES 074 -13
and adopting an adjusted fee for the
development and improvement of parks within
the City (Proposed 1,98% increase), (Staff
recommends adoption of Resolution.)
Consent Calendar Public Hearings Items 9.a, through
9,f, opened at 8:35 p.m.
No one spoke.
Consent Calendar Public Hearings Items 9,a, through
9,f, closed at 8:36 p,m,
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar Public Hearings Items 9.a. through 9.f.
Bakersfield, California, June 5, 2013 - Page 18
10. HEARINGS
a. Public Hearing for the Fiscal Year 2013 -2014
Operating and Capital Improvement Program
Budgets.
Administrative Analyst Huot made staff
comments and recommended Council hear
public testimony,
Hearing opened at 8:38 p,m,
No one spoke.
Hearing closed at 8:39 p.m,
ACTION TAKEN
b. First Reading of Ordinance adding Section FR
17,04.463 and amending Section 17,08,050 of
the Municipal Code relating to medical
marijuana dispensaries,
Assistant City Clerk Drimakis announced that
correspondence was received regarding this
Item and provided a supplemental
memorandum; one piece of correspondence
was received in support of the Ordinance, 20 in
opposition to the Ordinance, and 2 with a
neutral position; in addition, phone logs
attached reflect 183 calls in support of
dispensaries remaining open and 1 call In
opposition,
City Attorney Gennaro made staff comments
and recommended Council consideration.
Hearing opened at 8:46 p,m.
The following individuals spoke in opposition to
the Ordinance: Olivia Walker; Mary Becraff,
with Creating Alternative Safe Access; David
Abbasi; Dr, Jeffrey Raber; Jeff Jarvis; Cristian
Baltazar; Olivia Lucksinger; and Heather Epps,
Motion by Councilmember Maxwell to extend
the public comment period by 15 minutes. APPROVED
Bakersfield, California, June 5, 2013 - Page 19
10. HEARINGS continued
Item I O b, continued
The following additional individuals spoke in
opposition to the Ordinance; Michael B.
Richmond; Azure Ross; Douglas McAfee,
President of Bakersfield Normal; Nathan Acuna;
Liz Clarke, Manager of Golden State
Cooperative; Cathy Fink, medical marijuana
activist; and William Talbot,
Nora Weber spoke in support of the Ordinance.
Phil Ganong spoke in rebuttal opposition to the
Ordinance,
Nora Weber spoke in rebuttal support of the
Ordinance.
Hearing closed at 9;27 p.m,
ACTION TAKEN
Motion by Councilmember Maxwell to give First APPROVED
Reading to the Ordinance.
Councilmember Johnson requested that City
Attorney Gennaro clarify for the record that the
court ruling said that it was a local decision as
to what the cities could or could not do in terms
of having an ordinance regulating medical
marijuana dispensaries.
11. REPORTS
None,
12. DEFFERED BUSINESS
None,
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Johnson asked the City Attorney to
discuss with him and draft a resolution that would
make I- Sweeps Cafes not permitted within the City
and to bring it back for discussion at the June 26th
Council Meeting.
Bakersfield, California, June 5, 2013 - Page 20
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall announced that the Bakersfield Firefighters
won a Beautiful Bakersfield Award in recognition of
their community work and involvement and
fundraising to help the less fortunate children and
families; and Keep Bakersfield Beautiful won a
Beautiful Bakersfield Award in the Environmental
category for their volunteers and youth probationers
beautification projects, PG &E Earth Day, and the 11 th
Annual Great American Cleanup Day.
Mayor Hall recognized City Attorney Gennaro for her
assistance in getting Hayes Street renamed to Toliver
Street, which had its ribbon cutting ceremony on
Saturday, where he heard many positive comments
about her efforts.
Mayor Hall announced that the State of the City
Luncheon is scheduled for Tuesday, July 9th, at 11:30,
at the Marriott Hotel, and he encouraged everyone to
attend.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 10:06 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield