HomeMy WebLinkAbout07/17/13_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JULY 17, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 3:30 p,m, and 5:15 p,m.
REGULAR MEETING - 3:30 p,m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. WORKSHOPS
a. Update regarding City Animal Shelter Agreement with County of Kern, (Presentation
by Steve Teglia, Assistant to the City Manager)
Staff recommends acceptance of the report.
4. CLOSED SESSION
a, Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
Government Code Section 54956,9 (d)(2),(e)(1). (two matters)
5. CLOSED SESSION ACTION
6. ADJOURNMENT
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
2. INVOCATION by Chaplin Kerry Bulls, Chaplin at the Bakersfield Heart Hospital.
3. PLEDGE OF ALLEGIANCE by Ashlee Unruh, 3rd grade student at Patriot Elementary School,
4. PRESENTATIONS
a, Presentation by Mayor Hall of a picture plaque to Pat Daniel, Branch Manager, and
Karen Norton, Financial Consultant, honoring the Charles Schwab company's
beautification efforts,
b. Presentation by Mayor Hall of Certificates of Appreciation to representatives of
PG &E, McDonald's and Threeway Chevrolet for providing sponsorship funding to
support the cooperative effort by the City, KBB, and the Bakersfield Homeless Center
to remove litter along freeway frontages .
S. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
a. One Appointment to the Board of Directors of the Kern Economic Development
Corporation (KEDC).
To be determined by Vice -Mayor and ratified by Council.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 26, 2013 Regular City Council Meeting.
Payments:
b. Receive and file department payments from June 14, 2013, to July 2, 2013, in the
amount of $19,120,521.37 and self- insurance payments from June 14, 2013, to
July 2, 2013, In the amount of $348,183.33 totaling $19,468,704.70.
Ordinances:
Resolutions:
C, Resolution authorizing the sale ($1.00) of a surplus Ford Van to the Bakersfield
Homeless Center.
d. Resolution determining that Bloxide, a proprietary chemical for sewer odor control
and reduction of sulfide gas levels, cannot be reasonably obtained through the
usual bidding procedures and authorizing the Finance Director to dispense with
bidding thereof for a period of one year, not to exceed the budgeted amount of
$800,000.
(Ward 3) e. Resolution dispensing with bidding under Section 3.20.060 of the Municipal Code
relating to Design /Build for the Fire Station No. 8 Rehabilitation Project.
(Ward 1) f. Resolution dispensing with bidding under Section 3.20.060 of the Municipal Code
relating to Design / Build for the Skatepark Project at Planz Park.
(Ward 1) g. Resolution ratifying the submission of an application to the U.S. Department of
Transportation Federal Aviation Administration for funding for three specific
Improvement projects at the Municipal Airport under Airport Improvement Program
Project No. 3 -06 -0323 -017 and authorizing the City Manager or his designee to
execute all necessary documents.
h. Resolution authorizing staff to proceed with the filing of documents necessary to
initiate the formation of the Bakersfield Public Benefit Corporation, a non - profit for
the purpose of financing and developing public Improvement projects for the
benefit of the City and /or the local metropolitan area and authorizing any other
documents related thereto. (TRIP)
Resolution authorizing the Police Department to apply for the Edward Byrne
Memorial Justice Assistance Grant ($154,003) from the U.S. Department of Justice to
fund BPD overtime for School Resource Officers and Targeted Case Management
services, in partnership with Project 180, to assess and respond to Internal and
external threats in schools and to reduce truancy.
Grant Assistance Program:
1. Resolution authorizing the Police Department to accept funding ($94,930)
made available through the Grant Assistance Program (GAP) of the California
Department of Alcoholic Beverage Control (ABC).
2. Appropriate $94,930 State Grant Revenues FY2013 -14 Grant Assistance
Program (GAP) from the State Office of Alcoholic Beverage Control (ABC) to
the General Fund Police Operating Budget.
2 City Council Meeting of 07/17/2013
8. CONSENT CALENDAR continued
(Ward 2,5) k.
Resolutions adding the following territories to the Consolidated Maintenance District
and approving, confirming, and adopting the Public Works Director's Reports and
authorizing collection of assessments by the Kern County Tax Collector,
1. Area 3 -89 (north of NWC of Harris Road and Buena Vista Road)
2, Area 4 -115 (422 Oak Street)
(Ward 4) I.
Resolution of Intention No, 1755 ordering the vacation of the public utilities easement
located at 8400 Rosedale Highway,
(Ward 4) M.
Resolution of Intention No. 1756 to add territory, Area 1 -95 (west of the NW corner of
Rosedale Highway (SR58) and Allen Road), to the Consolidated Maintenance District
and preliminarily approving, confirming, and adopting the Public Works Director's
Report,
(Ward 5) n,
Amended and restated Resolution declaring Its Intention to establish the City 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:
(Ward 2) o.
Agreement with the Kern High School District ($199,575), for lease property at 1417 H
Street for storage purposes for a three year period.
(Ward 3) p,
Consent to Common Use Agreement with North Kern Water Storage District for areas
where Mohawk Street crosses over the Calloway Canal.
(Ward 2,5,6) q.
Pipeline License Agreement with Equllon Enterprises LLC, dba Shell Oil Products US,
(one -time license fee payment of $30,000 to the City), for oil and gas pipelines under
various City -owned properties.
(Ward 2) r,
Design Consultant Agreement with Baskin Mechanical Engineers Inc., ($52,500), to
provide design and engineering services for the replacement of the heating,
ventilation and air conditioning (HVAC) system at the Community Development
Building, located at 1715 Chester Avenue,
(Ward 5) S.
Final Map, Improvement and Landscape Agreements with Mira Lago, L.P., for Tract
6167 Phase 2 located east of Old River Road and north of Harris Road,
(Ward 4) t.
Improvement Agreement with D. R. Horton VEN, Inc., DBA D.R. Horton America's
Builder, for Tract 6448 Phase 6 located south of Stockdale Highway and west of
Renfro Road,
(Ward 4) U.
Final Map, Improvement and Landscape Agreements with Lennar Fresno, Inc„ for
Tract 6453 Phase 2 located at the southwest Intersection of Reina Road and Allen
Road.
(Ward 6) V. Final Map, Improvement and Landscape Agreements with Lennar Fresno, Inc„ for
Tract 6757 Phase 1 located south of McKee Road and west of Mountain Ridge Drive.
(Ward 5) W. Final Map and Landscape Agreement with Bolthouse Development Company, LLC,
for Parcel Map 11960 Phase 1 located north of Bolthouse Drive and west of Buena
Vista Road,
City Council Meeting of 07/17/2013
8, CONSENT CALENDAR continued
(Ward 2,3) X. Mohawk Street Improvements - Rosedale Highway to Siena Lane;
1. Utility Agreement with Pacific Gas and Electric Company ($238,526,33), for the
relocation of poles and overhead electrical facilities.
2. Appropriate $240,000 Transportation Development Fund balance to the Public
Works Department's Capital Improvement Budget.
(Ward 3) Y. Amendment No. 1 to Utility Agreement No, 11 -080 with Pacific Gas & Electric
($39,083.22; revised not to exceed $68,543.22), for relocating one pole along the
Masterson Street alignment.
(Word 2) Z. Amendment No. 1 to Agreement No. 09 -090 with H & H Engineering Construction,
Inc. (no change In compensation), to extend the term of the agreement from
July 31, 2013 to December 31, 2013,
aa, Amendment No. 6 to Agreement No. 08 -179 with Sungard Public Sector, Inc.
($171,755,47), for service support of Licensed Software.
bb. Amendment No. 4 to Agreement No. 09 -087 with CompuCom Systems, Inc.
($215,385.20), to provide Microsoft Licenses for 1,029 computers.
cc. Amendment No. 2 to Agreement No. 11 -099 with Vulcan Materials Company
($6,000,000; revised not to exceed $18,000,000 and extend term one year), for supply
of street materials.
dd,
Amendment No. 2 to Agreement No. 11 -093 with Badger Meter, Inc. (extend term
one year), to continue the supply of water meters.
ee.
Amendment No. 3 to Agreement No. 10 -144 with Ennis Paint, Inc, ($150,000; revised
not to exceed $498,221.31 and extend term one year), for supply of traffic paint,
ff.
Amendment No. 4 to Agreement No. 10 -107 with Kern Sprinkler Landscaping, Inc.
($300,000; revised not to exceed $894,648.25 and extend term one year), to continue
the supply of landscape and Irrigation services,
(Ward 2,45) gg.
Contract Change Order Nos. 50, 51, 63, 107, 113, 115, 117, 120, 122, 124, 126, 127,
130, 132, 138, 139, 140, 141, 144, 146, 147, 148, 150, 152, 154, 155 and 157 to
Agreement No. 09 -076 with Security Paving Company, Inc. (net Increase of $316,510;
revised not to exceed $93,402,539,52; change orders funded with Roads Program
Utility /Surcharge Fund) for the construction of the Westside Parkway Phase 2 Project,
(TRIP)
(Ward 4) hh.
Contract Change Order No. 3 to Agreement No. 13 -019 with Pacific Coast
Excavation ($23,850.15; revised not to exceed $200,370.21), for storm drain
Improvements within Tract 5084 ( Calle Alisos, Calle Elegante & Las Entradas).
(Ward 5,6) II.
Contract Change Order No. 1 to Agreement No, 12 -150 with Loop Electric, Inc.
($13,458.02; revised not to exceed $165,733.02) for the project known as Traffic Signal
Interconnect Part 10, along White Lane between Gosford Road and Ashe Road.
City Council Meeting of 07/17/2013
8. CONSENT CALENDAR continued
Bids:
(Ward 3) JJ. State Route 178 and Morning Drive Interchange Project: (TRIP)
1. Accept low bid and approve contract with Granite Construction Company,
Inc. ($25,452,051.50; 88.53% federally funded - $22,532,701.19 and 11.47%
locally funded - $2,919,350.31), to construct project.
2. Reimbursement Agreement with East Niles Community Services District (not to
exceed $642,928, funded by District), for the Installation of a waterline, as part
of the project.
3. Amendment No. 1 to Agreement No. 11 -088 with TYLin International ($350,000;
revised not to exceed $3,900,000; Amendment 88.53% federally funded -
$309,855 and 11.47% locally funded - $40,145), for design support services
during construction.
4. Consultant Agreement with Mendoza and Associates (not to exceed
$3,286,435.74; 88.53% federally funded - $2,909,481.56 and 11.47% locally
funded - $376,954.18), for construction management services.
(Ward 3) kk. Accept bid and approve contract with Cen -Cal Construction ($107,938.75), for
street improvements: Coffee Road at Goesling Avenue.
(Ward 2) ll. Accept bid and approve contract with Security Paving Company, ($1,713,230.92),
for Pavement Rehabilitation 2013 Phase 1 - Beale Avenue from Monterey Street to
Pearl Street.
(Ward 2) mm. Reject all bids for the Mill Creek Linear Park Sister City Gardens Phase B -Theme
Gardens.
(Ward 2) nn. Accept bid and approve contract with Kern Steel Fabrication, Inc. ($120,411.83), for
Sister City Gardens Phase B- Fabrication of India Gazebo, Seating Trellis and Garden
Plaques.
(Ward 2) oo. Accept bid and approve contract to Rudnick Fence Company ($95,675), for Sister
City Gardens Phase B- Rolling Gate.
pp. Accept bid and approve contract with Gail Gray & Associates ($88,135), to Install
and configure CaseWare software for CAFR and Budget reporting.
Miscellaneous:
qq. Appropriate $147,790 State Grant Revenues (from the California Emergency
Management Agency) to the General Fund Police Operating Budget, for the
Children Exposed to Domestic Violence Specialized Response Program.
rr. Department of Housing and Urban Development (HUD) Action Plan Amendments:
1. Fiscal Year 2013 -14 Action Plan Amendment 1 (total fiscal impact + $568,564).
2. Fiscal Year 2012 -13 Action Plan Amendment 5 (no fiscal Impact, change to
project description only).
City Council Meeting of 07/17/2013
8. CONSENT CALENDAR continued
Successor Agency Business:
ss. Receive and file successor agency payments from June 14, 2013, to July, 2, 2013, In
the amount of $23,973.47.
Staff recommends adoption of Consent Calendar Items 8a. through 8.ss.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. HEARINGS
a. Public Hearing to consider Resolution approving and adopting an adjustment to the
Street Cut Workmanship and Performance Warranty Fee (fee proposed to Increase
from $20.66 per lane -foot to $21.63 per lane -foot, 43% Increase).
Staff recommends adoption of Resolution.
b. General Plan Amendment /Zone Change No, 12 -0464; McIntosh & Assoclates,
representing Black Ops Real Estate IV, LLC (property owner), has applied for a Land
Use Element amendment, a Kern River Plan Element amendment and a zone
change on 10.8 net acres located at the southwest corner of River Run Boulevard
and Elkhorn Creek Lane. An appeal of the Planning Commission's decision to
deny the proposal was submitted by McIntosh & Associates.
Resolution denying the appeal and denying the general plan amendment
changing the land use designation from LR (Low Density Residential) to LMR
(Low Medium Density Residential) and the Kern River Plan designation from
Map Code 5.35 (maximum 7.26 dwelling units /acre) to 5.3 (maximum 10
dwelling units /acre) on 10.8 acres.
2. Resolution denying the amendment to the Official Zoning Map in Title 17 of
the Municipal Code by changing the zone district from R -1 (One Family
Dwelling) to PUD (Planned Unit Development) on 10.8 acres.
Staff recommends adoption of resolutions denying the appeal and upholding the Planning
Commission's denial of the proposed general plan amendment, Kern River Plan
amendment and zone change.
(Ward 3') c. General Plan Amendment /Zone Change No. 13 -0136; McIntosh & Associates,
representing Kern Land Partners, LLC (property owner), has applied for a general
plan amendment and zone change on 77 acres located at the southeast corner of
Seventh Standard Road and Calloway Drive, An Appeal of the Planning
Commission's decision to recommend approval was submitted by Clayton Camp, a
neighboring property owner.
1. Resolution adopting a Negative Declaration,
2. Resolution denying the appeal and approving the general plan amendment
changing the land use designation from SR (Suburban Residential) and ER
(Estate Residential) to LR (Low Density Residential) on 77 acres.
3. First Reading of Ordinance denying the appeal and amending the Official
Zoning Map in Title 17 of the Municipal Code by changing the zone district
from A (Agriculture) to R -1 (One Family Dwelling) on 77 acres.
Staff recommends adoption of Resolutions and First Reading of Ordinance.
'upon annexation
6 City Council Meeting of 07/17/2013
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respectfully submitted,
qx"-)
Alan Tandy
City Manager
07/11/13 11:00am
City Council Meeting of 07/17/2013
AGENDA HIGHLIGHTS
July 17, 2013 COUNCIL MEETING
REGULAR MEETING - 3:30 p.m.
NOTE: In accordance with the new starting time for City Council meetings that went Into effect as of
2013, a separate meeting will be called to order at 3 :30 p.m., followed by Public Statements that will
encourage comments pertaining only to those Items aaendized for the -&-30 session
Following an update on the Animal Control Program, the Council will recess into Closed Session. Upon
conclusion of the Closed Session, any Closed Session action will be announced and the 3:30 p.m.
meeting will be adjourned. At 5:15, the Regular Meeting will be called to order to address the
remainder of the agenda items.
Item 3a. Staff will present an update on the City's Animal Shelter Agreement with the County.
Item 3b. There will be a conference with Legal Counsel regarding two matters of potential
litigation.
REGULAR MEETING - 5:15 p.m.
Item 8gg. Contract Change Orders with Security Paving Company-for the Westside Parkway
Phase 2 Project. As we near completion of the Westside Parkway, this item requests approval
of a series of change orders for the construction contract on Phase 2, the largest and most
complex phase of the Westside Parkway Project. In total, the net increase is $316,510.00. This
submittal constitutes most of the final change orders for this project. Staff expects there will be
several more and will process them as quickly as possible during the last stages of this
construction contract in order to close out this project expeditiously.
Item SO. SR 178/ Morning Drive Interchange Project. This is the next major TRIP project to enter
into full construction phase. It includes the widening of SR -178 to two lanes in each direction
from east of Fairfax Road to Canteria Drive, with an auxiliary lane in each direction between
Fairfax Road and Morning Drive. There will be a full interchange connection at Morning Drive,
and Morning Drive will be widened between Panorama and just south of SR -178. This item
requests approval of four separate, but related, actions, in order to proceed with this project:
the construction contract award to the low bidder, Granite Construction, in the amount of
$25,452,051.50; a Reimbursement Agreement with East Niles Community Services District in the
amount of $642,928.00 to be paid to the City for installation of a waterline in the Morning Drive
bridge as part of the construction project; approval of an amendment to Agreement # 11 -088
with TYLin International for engineering support during the construction phase; and approval of
an agreement with Mendoza and Associates in the amount of $3,286.435.74 for construction
management services on this project.
Items Smm., ann., and Soo. Sister City Gardens - Phase B. The only bid received for
construction of this project was significantly higher than the engineer's estimate and the
project budget. However, because there is a need to complete this missing feature of the Mill
Creek Linear Park, the City will undertake the project directly with a combination of in -house
forces, annual contractors, and subcontractors. This item requests 1) rejection of the sole bid,
and approvals of contracts with 2) Kern Steel Fabrication, Inc. for $120,411.830 for the India
gazebo, seating trellis and garden plaques, and 3) Rudnick Fence Company for $94.675.00 for
a rolling gate to secure the alleyway and perimeter fencing for the gardens. The bids for both
of these contracts were higher than the engineer's estimates, which staff attributes to the
unique and detailed design features of the project. However, since the City will be doing
much of the work in -house and will also utilize annual contractors, there will be savings realized
in other elements of the project.
Item 10b. GPA - Requests for Land Use and Kern River Element Plan Changes and Zone
Change for rg_o e�rty at the southwest corner of River Run Boulevard and Elkhorn Creek Lane
This is a request from McIntosh & Associates, representing Black Ops Real Estate IV, LLC, for the
development of a 100 -unit condominium project. On June 6, 2013, the Planning Commission
recommended denial of the request. Approximately 115 communications (calls, e- mails, and
letters) opposing the project were submitted to the Commission, in addition to a petition with
788 signatures representing 623 homes. Numerous individuals also spoke at the public hearing
in opposition. Staff recommends denial of the applicant's appeal and upholding the
Planning Commission's denial of the proposed GPA, Kern River Plan amendment, and zone
change.
Item 10c. GPA - Request for Zone Change at the southeast corner of Seventh Standard Road
and Calloway Drive. This is a request from McIntosh & Associates, representing Kern Land
Partners, LLC, to develop 280 single family units on a 77 -acre site currently zoned to allow for
approximately 200 single family units. The proposal requires annexation into the City, and is
contiguous to the City limits on the east and west, but not the south. If the property owners to
the south do not agree to annexation, there is the potential that a County island would be
created. In addition, the City will not submit an application to LAFCO unless there is a
resolution regarding the County's reinterpretation of the master tax split agreement. On June
6, 2013, the Planning Commission recommended approval of the request. Two individuals
spoke in opposition at the hearing. Subsequently, an appeal was filed by one of the speakers,
who is also a neighboring property owner. Staff is recommending denial of the appeal and
approval of the GPA and zone change.
Approved: 7
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - July 17, 2013 Council Meeting
Page 2
,11..11....
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 I AGENDA SECTION: Workshops
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: July 9, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Update Regarding City Animal Shelter Agreement with the County of Kern.
RECOMMENDATION:
Staff recommends acceptance of the Report. The City Council may also wish to provide
guidance to staff regarding future negotiations.
OVERVIEW: The current City Agreement with the County of Kern for animal sheltering, and for the
lease of City owned property by the County, runs through September 30, 2013. The original
expiration date of this Agreement was June 30, 2013; however, the Agreement included a
provision to extend its term through September 30, 2013 by written agreement between the City
and County. As a result of the County's failure to respond in a timely manner to a proposed two -
year transitional animal shelter agreement (discussed below), the 3 -month extension was
triggered by both agencies on June 28, 2013
In March of this year, the last meeting of the Metropolitan Bakersfield Animal Control Committee
( MBACC) was held. At the conclusion of this meeting both the City and County agreed in
concept to a master plan approach to improve the care and sheltering of animals in Metro
Bakersfield. This approach included continuing the current operational and lease arrangement
between the City and County for a period of two years, through the execution of a transitional
agreement. The concept behind this transitional agreement is to allow for the extension of the
established joint sheltering relationship between the City and County, while the County designs
and constructs new shelter facilities on land provided by the City, at the Mount Vernon location.
The agreed upon master plan concept includes a new joint intake facility and allows the City
and County to continue serving the residents of Metropolitan Bakersfield at one location, while at
the same time allowing each entity to control its own sheltering operations. This mutually agreed
upon course of action satisfied the purpose for which the MBACC was established.
To facilitate this process, the City provided the County with a draft two -year transitional
agreement in early May. At the time of this writing, the City has yet to be provided with any
response from the County regarding the proposed transitional agreement, which was developed
ST
Page 1
based on a verbal understanding between the City and County. It should be noted that prior to
providing a written document to the County, City staff met with the County and discussed the
parameters of the transitional agreement. Furthermore, the general concept of the proposal
was discussed through the MBACC process as noted above.
Given the County's lack of responsiveness to date, staff is concerned that the County desires to
substantially deviate from this course. As a result, staff is preparing an alternative plan of action
should the City and County not be able to execute a two -year transitional agreement by
September 30, 2013. If no agreement is reached with the County, the ownership of the current
facilities located on the City's land will revert to the City, upon expiration of the current
agreement. The City's alternative plan will include the City taking possession of the existing
shelter facility, post September 30, 2013, and providing for the operations of the facility through a
potential partnership between the City and the SPCA. While the City has been facilitating a
number of capital improvements to the existing facilities, it is likely that additional clean up and
renovation will be needed.
BACKGROUND: In July of 2012, the City Council approved the City's FY 2012 -13 Budget, which
included both capital and operational funding to support the City taking on the responsibility of
providing for the care and shelter of stray and otherwise unwanted animals in the City of
Bakersfield. Prior to this, and since 2004, the City contracted with the County of Kern to provide
such sheltering services. In addition, the County was under a long -term lease arrangement with
the City to lease the land the County Animal Shelter sits on, located at 201 South Mount Vernon
Avenue. The lease agreement, which dated back to 1978, provided the County with rent free
use of the land through 2028.
Prior to the June 30, 2012 expiration of the City's agreement with the County for sheltering
services, the County demanded the City pay over three times the then current contract amount
to continue its relationship with the County. The City attempted to negotiate more reasonable
terms to a future agreement with the County; however, we were unsuccessful in this effort. It was
the opinion of staff that the more fiscally prudent action was to develop a plan to take over this
responsibility and separate from the County. During the course of negotiations, in April of 2012,
the County Board of Supervisors took action to terminate their long -term lease with the City by
providing the City with a 180 -day notice of termination.
In early August 2012, just after the City Council adopted the FY 2012 -13 Budget, the City and
County negotiated a one -year Animal Care Services Agreement (City Agreement No. 12 -113;
County Agreement No. 667 - 2012). This Agreement combined the operational component and
the lease of the City owned land by the County into one Agreement. The purpose of this new
one -year Agreement was to allow the City and County time to identify if a longer -term solution
could be reached regarding the joint care and sheltering of stray and otherwise unwanted
animals in the Metro Bakersfield area. Below is an overview of the various components that were
included in the August 2012 Agreement:
ST
Page 2
• City payment to County in the amount of $740,000 (plus an additional $185,000 for the
three month extension period through September 30, 2013) for animal care and sheltering
services;
• County's rent free lease of the land the current County Animal Shelter sits on through the
expiration of the Agreement;
• County's use of the City owned and constructed facility referred to as the "Adoption
Center" through the expiration of the Agreement;
• City and County commitment to allocate up to $100,000 each for short-term shelter
improvements;
• City and County commitment to expand "front end proactive programs" designed to
reduce the amount of intake into the shelter; and
• Establishment of the Metropolitan Bakersfield Animal Control Committee.
Staff will be providing additional information during the Council presentation that will outline how
the City has met each of the above commitments over the course of the last year.
ST
Page 3
MEETING DATE: July11, 2013 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: June 26, 2013
APPROVED
DEPARTMENT HEA c9T
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a picture plaque to Pat Daniel, Branch Manager, and Karen
Norton, Financial Consultant, honoring the Charles Schwab company's beautification
efforts.
RECOMMENDATION:
BACKGROUND:
krt
June 26, 2013, 10:14AM
MEETING DATE: July 17, 2013 AGENDA SECTION: Presentations
ITEM: q. b.
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: June 26, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall Certificates of Appreciation to representatives of PG &E,
McDonald's and Threeway Chevrolet for providing sponsorship funding to support the
cooperative effort by the city, KBB, and the Bakersfield Homeless Center to remove litter
along freeway frontages.
RECOMMENDATION:
BACKGROUND:
krt
June 26, 2013, 10:15AM
A
ADMINISTRATIVE REPORT
IF
MEETING DATE: July 17, 2013 AGENDA SECTION: Appointments
ITEM: 7, a
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
July 2, 2013
APPROVED
DEPARTMENT HEAD Alff
CITY ATTORNEY
CITY MANAGER
One appointment to the Board of Directors of the Kern Economic Development
Corporation (KEDC).
RECOMMENDATION:
To be determined by Vice -Mayor and ratified by the Council.
BACKGROUND:
The City was recently informed that the Kern Economic Development Corporation's Board of
Directors has approved a seat on their Board of Directors to the City of Bakersfield. The position
is for three, two -year terms. A councilmember or staff member may serve as the representative
for the City as long as the City continues to be an investor in good standing.
In accordance with Section 2.02.020 of the Municipal Code, appointments to Boards and
Committees are made by the Vice - Mayor, with ratification by the City Council.
Kern Economic Development Corporation (KEDC) is a non - profit, broad -based countywide
501 c3 organization comprised of public and private sectors dedicated to attracting new
industry and thereby strengthening the economy.
NIF
A
ADMINISTRATIVE REPORT
1
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: �
TO:
FROM:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
DATE: July 3, 2013
SUBJECT:
APPROVED
DEPARTMENT HEAD / 7
CITY ATTORNEY
CITY MANAGER
Approval of Minutes of the June 26, 2013, Regular City Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
MEETING DATE: July 17, 2013 AGEN A SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: July 2, 2013
DEPARTMENT HEAD_
CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file department payments from June 14, 2013 to July 2,
2013 in the amount of $19,120,521.37, Self Insurance payments from
June 14, 2013 to July 2, 2013 in the amount of $348,183.33,
totaling $19,468,704.70
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
July 2, 2013, 3:45PM
S:1Kim G\ADMIN \COUNCIL - ADMIN- AP- 2014WDMIN —AP 071713.doc
APPROVED
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: $ . a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
July 5, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER S _
Resolution to Authorize Sale of Surplus Ford Van to Bakersfield Homeless Center, a
non - profit organization for one dollar ($1.00).
RECOMMENDATION: Staff recommends approval of the resolution.
BACKGROUND: The City has received a request from the Bakersfield Homeless Center, a
nonprofit organization to receive a surplus Ford Van. The City contracts with Caltrans and the
Bakersfield Homeless Center to clean up freeway litter. The van will be used to transport the
crew provided by the Homeless Center to fulfill the freeway litter cleanup contract. Staff
recommends the sale of a surplus van to the Bakersfield Homeless Center for one dollar
($1.00).
The Bakersfield Municipal Code Section 3.20.120F provides for this action and states that any
sale to a governmental entity or non - profit organization shall be subject to confirmation and
approval by the City Council.
The equipment is being donated "as is with all faults" to remove the City from any potential
liability claims.
July 5, 2013, 11:46AM/kb
SAPURCHWDMINWdmin 13- 14\Surplus Property Ford Van - Homeless Center, July 17, 2013.dOCX
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: $ . d.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: June 27, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution determining that Bioxide, a proprietary chemical for sewer odor
control and reduction of sulfide gas levels, cannot be reasonably obtained
through the usual bidding procedures and authorizing the Finance Director to
dispense with bidding thereof for a period of one (1) year, not to exceed the
budgeted amount of $800,000. (City Wide)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Some areas of Southwest, Northwest and Northeast Bakersfield experience
continuing odor problems from the sewer trunk lines thus creating a nuisance to residents and
businesses. Nuisance odors are a violation of the San Joaquin Unified Air Pollution Control
District (District) policies and can be punishable by a fine. The City has previously received a
warning from the District to alleviate the nuisance odors and reduce the high levels of sulfide
gas found in the sewer system, or face a fine by the District. Bioxide has proven itself to be
compatible with the City Wastewater secondary treatment process and is environmentally
sound.
Due to the proprietary nature of Bioxide and the need to continually inject Bioxide to control
odors in the sewer trunk lines, staff is recommending adoption of the Resolution to dispense
with bidding for Bioxide and authorizing the purchase of Bioxide on a continuing basis in
amounts to meet the City's requirements, not to exceed the budgeted amount of $800,000. If
at any time it is determined that other products or more effective products are available, staff
will re- evaluate the sole source designation of Bioxide and will seek competitive pricing to
insure the best interests of the City are met. Funds for the purchase are in the 2013 -2014
adopted budget within the'Wastewater Enterprise Fund.
Purchasing Division
SAPURCHWDMINWdmin 13- 141Bioxide Sole Source Resolution, July 17, 2013.docx
July 2, 2013, 1:04PM
BA
0� acovoe,r n S
ADMINISTRATIVE REPORT
9LIF0
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: T. e
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 18, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY lw
CITY MANAGER /S'
A Resolution dispensing with bidding under Section 3.20.060 of the Bakersfield
Municipal Code relating to Design /Build for the Fire Station 8 Rehabilitation
project (Ward 3)
RECOMMENDATION: Staff recommends approval of resolution.
BACKGROUND: This resolution authorizes the dispensing of bidding under Section 3.20.060 of
the Bakersfield Municipal Code (BMC) and following the design /build process, as defined in
the same section of the BMC, for the Fire Station 8 Rehabilitation project. The BMC allows for
dispensing with normal bidding procedures under specific conditions, one of which is the
design /build process. The design /build is a procurement process in which both the design and
construction of a project are procured from a single entity. Design /build relies on a single point
of responsibility and is used to minimize risks for the project owner (City) and to reduce the
delivery schedule by overlapping the design phase and construction phase of a project.
Design /build, with its single point of responsibility, benefits the project owner because the
design /build contractor will be responsible for all of the work completed on the project. The
BMC provides extensive direction as to the procedures which must be followed by staff in the
design /build process. The first step in the process is the adoption of a resolution dispensing with
bidding and determining that the work, supplies, equipment, and materials needed for a
project are best procured through the design /build process. Staff recommends that the
design /build process be used for the Fire Station 8 Rehabilitation project due to the nature of
this project and the design expertise which must be employed. The following narrative
provides both background information and justification for using the design /build process for
the Fire Station 8 Rehabilitation project.
As part of the ongoing process of identifying deferred maintenance issues at the City's fire
stations, staff from the Fire Department, Public Works, and Building Division worked with local
contractors to perform an in -depth analysis of the issues involved with rehabilitating Station 8.
Located at University and Mt. Vernon Avenues, Fire Station 8 is a 4,100 square foot, flat- roofed
facility, built in 1949. The systems associated with the facility are original, and the facility is
constructed of poured -in -place concrete, including walls and floors.
gl
6/19/2013 10:18 AM
G: \GROUPDAT \ADMINRPT \2013 \07- 17 \Admin - Resolution for Design - Build.doc
BA E
wvoe,r �i5'
ADMINISTRATIVE REPORT
1F0
As such, the facility's construction characteristics makes accessing some of the required
repairs much more burdensome and complex as compared to conventional construction
used in our newer fire stations. In addition, the original systems (such as the HVAC unit) have
deteriorated to the point where more cost - effective equipment is needed.
Based upon the in -depth analysis of Fire Station 8, proposed rehabilitation work includes, but is
not limited to, the following components:
Electrical system - The original wiring does not meet current standards, and the
primary circuit breakers can no longer be purchased. Some wiring has burned inside
the walls, and has been replaced by surface mounted conduits. The emergency
generator is no longer functional or serviceable. This will require complete
rehabilitation, including wiring, circuit panels, emergency generator, etc.
• Plumbing system - The original plumbing is galvanized pipe, is corroding and
clogging, and contains elevated levels of zinc, lead, and iron causing water
contamination and discoloration. Water pressure is currently too low to adequately
supply the facility, and a booster pump is necessary. Pre and post -meter testing has
been completed which clearly indicates that both the low pressure and elevated
mineral content are a direct result of the deteroriated plumbing inside the facility. This
will require complete rehabilitation, including water and sewer lines, drains, and
fixtures.
• Roof system - The existing roof is flat and has chronic leakage. Much of the
Perimeter roof overhang is severely rotted and is structurally compromised. This will
require complete reconstruction, including all structural members, appropriately
sloped to eliminate future water leaks.
• Heating and air conditioning system - The current units are antiquated, do not
comply with current energy standards, and do not efficiently serve the facility. This will
require complete replacement of the system, including vents, ducts, and HVAC units.
• Perimeter security and hardscapes - Currently, there is uncontrolled access to
the east side driveway and rear of the Fire Station from the adjacent street and alley.
There are security concerns stemming from this access, specifically when staff is away
from the Fire Station. The proposed Fire Station 8 Rehabilitation project includes
constructing a block wall and remote - access gate to secure this area.
• General area improvements - Proposed improvements Include apparatus bay
repairs, required Americans with Disabilities Act (ADA) restroom and access
improvements, and interior finish replacements due to the demolition necessary to
replace the systems noted above. Additional concrete surface repairs to the
apparatus driveway are also needed.
gI
6/19/2013 10:18 AM
G: \GROUPDAT \ADMINRPT \2013 \07- 17 \Admin - Resolution for Design - Build.doc
• Temporary personnel relocation - The project requires that personnel relocate to
allow for timely progress and access by contractors. This includes an off -site mobile -
home type structure for living quarters, a storage bay for housing fire apparatus, and
utilities for living and communication necessary for emergency response alarms.
Current estimates for the Fire Station 8 Rehabilitation Project range from $1.6 to $1.8 million,
with an estimated nine -month timeline for start-to- completion. The funding source for this
project will be one -time funds realized through the Property Tax Administration Fee refund.
It should be noted that while substantial, a rehabilitation project is significantly less costly than
a complete Fire Station relocation and construction, which would typically cost in the $3.544.5
million range.
This Administrative Report is the first step in the design /build process and authorizes the Public
Works Director to proceed with the design /build process, as outlined in the BMC, for the Fire
Station 8 Rehabilitation project. After receiving and evaluating proposals for the project, the
Public Works Director will submit to the City Council a recommendation for award of the
design /build contract.
gl
7/12/20139:51 AM
C: \Documents and Settings \lreza \Local Settings \Temporary Internet Files \Content. Outlook \PSCCNBJV \Admin - Resolution for Design -
Build.doc
� A•.. s
ADMINISTRATIVE REPORT
FO
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: June 24, 2013
APP OVED
DEPARTMENT HEA 1Y
MM
CITY ATTORNEY`
CITY MANAGER S
SUBJECT: A Resolution dispensing with bidding under Section 3.20.060 of the Bakersfield
Municipal Code relating to Design /Build for the Skatepark at Planz Park project
(Ward 1)
RECOMMENDATION: Staff recommends approval of resolution.
BACKGROUND: This resolution authorizes the dispensing of bidding under Section 3.20.060 of the
Bakersfield Municipal Code (BMC) and following the design /build process, as defined in the
some section of the BMC, for the Skatepark at Planz Park project. The BMC allows for dispensing
with normal bidding procedures under specific conditions, one of which is the design /build
process. The design /build is a procurement process in which both the design and construction of
a project are procured from a single entity. Design /build relies on a single point of responsibility
and is used to minimize risks for the project owner (City) and to reduce the delivery schedule by
overlapping the design phase and construction phase of a project. Design /build, with its single
point of responsibility, benefits the project owner because the design /build contractor will be
responsible for all of the work completed on the project. The BMC provides extensive direction as
to the procedures which must be followed by staff in the design /build process. The first step in the
process is the adoption of a resolution dispensing with bidding and determining that the work,
supplies, equipment, and materials needed for a project are best procured through the
design /build process. Staff recommends that the design /build process be used for the Skatepark
at Planz Park project due to the nature of this project and the design expertise which must be
employed. The following narrative provides both background information and justification for
using the design /build process for the Skatepark at Planz Park project.
Design staff does not have the experience or technical expertise to design or construct a large
skatepark. Safety of skateboarders is of paramount importance in both the design and
construction of the Skatepark. A design /build process is recommended for this project since one
entity will be responsible for both the design and construction of the Skatepark which minimizes
potential conflicts.
Current estimates for both design and construction costs for the Skatepark at Planz Park project
are $200,000. The funding source for this project will be Community Development Block Grant
funds.
GI
June 26, 2013, 8:27AM
G: \GROUPDATIADMINRPT\2013 \07 -17 \Resolution For Design—Build Skatepark At Planz Park.Doc
ADMINISTRATIVE REPORT
This Administrative Report is the first step in the design /build process and authorizes the Public
Works Director to proceed with the design /build process, as outlined in the BMC, for the
Skatepark at Planz Park project. After receiving and evaluating proposals for the project, the
Public Works Director will submit to the City Council a recommendation for award of the
design /build contract.
GI
July 12, 2013, 9:52AM
C:\Documents And Settings1reza \Local Settings \Temporary Internet Files\ Content .Outlook \PSCCN8JV\Resolution For Design_Build Skatepark At
Planz Park.Doc
EO�p� E
ADMINISTRATIVE REPORT
F
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: g.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: July 1, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: A resolution ratifying the submission of an application to the U.S. Department of
Transportation Federal Aviation Administration for funding for three specific
improvement projects at the Bakersfield Municipal Airport under Airport
Improvement Program Project No. 3 -06- 0323 -017 and authorizing the City
Manager or his designee to execute all necessary documents (Ward 1).
RECOMMENDATION: Staff recommends approval of resolution.
BACKGROUND: This resolution authorizes the submission of a grant application to the Federal
Aviation Administration for three specific improvements at the Bakersfield Municipal Airport.
The resolution also authorizes the City Manager or his designee to execute all documents
necessary for the grant application.
This grant provides for approximately $465,300 of federal funding for three projects at the
Bakersfield Municipal Airport. Each of the three projects will be 90% federally funded with
general aviation funds providing the 10% local match requirement. The three projects are:
1. Runway 16 -34 Rehabilitation (Estimate: federal share = $315,000; local share = $35,000)
2. Taxiway "A" Rehabilitation (Estimate: federal share = $123,300; local share = $13,700)
3. Replace Rotating Beacon (Estimate: federal share = $27,000; local share = $3,000)
The first of the three projects is the rehabilitation of the airport runway, 16 -34. This project
provides for filling the existing cracks in the asphalt runway, sealing the entire surface with an
emulsified asphalt slurry seal, and installing new markings and striping.
The second project is the rehabilitation of Taxiway "A ", the main taxiway at the airport.
Construction of this project follows the same sequence and is similar to the runway project
above.
The third project is the replacement of the rotating beacon at the Airport. The beacon is 23
years old and past its useful life. Parts are hard to locate and, because of where it is located, is
difficult to maintain.
There is no General Fund impact with these projects. The local match will use General Aviation
Funds. All three of the projects are currently budgeted.
July 1, 2013, 10:48AM \SP
G: \GROUPDAT\ADMINRPT\2013 \07 -17 \FAA Grant Admin - Resolution.doc
e Ar
ADMINISTRATIVE REPORT
c
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: June 28, 2013
APPROVED
DEPARTMENT HEAD _411
CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of Bakersfield City Council authorizing staff to proceed with the filing
of documents necessary to initiate the formation of the "Bakersfield Public
Benefit Corporation ", a non - profit public benefit corporation for the purpose of
financing and developing public improvement projects for the benefit of the
City and /or the local metropolitan area and authorizing any other actions
related thereto.
RECOMMENDATION: Staff recommends adoption of the Resolution (the "Resolution"
BACKGROUND:
At the June 5, 2013 Council meeting staff provided a Thomas Roads Improvement Program
( "TRIP ") financing workshop. Staff discussed both the histories of revenues anticipated to be
pledged for future debt service along with the planned financial structure of a future debt
obligation. This financing structure includes the formation of a non - profit public benefit
corporation to be named the "Bakersfield Public Benefit Corporation" (the "Corporation "),
which will facilitate the financing of certain portions of the TRIP projects.
The Resolution before you this evening is requesting Council authorization so that City staff
may proceed with the filing of documents necessary to initiate the formation of the
Corporation. The Corporation would be a non - profit public benefit corporation, with the
Mayor and Council serving as the board of directors. The City Manager would be designated
as the President/ Executive Officer, the Finance Director would be designated as the Chief
Financial Officer and the City Clerk would be designated as the Secretary of the Corporation,
with such assistant positions as are necessary.
The general purpose of the Corporation would be to assist the City of Bakersfield in financing
public improvements within the City of Bakersfield and /or the local metropolitan area,
including any financings needed to complete the various TRIP freeway projects.
For your review and consideration, our outside bond counsel (Mike Reppe - Kutak Rock LLP)
has drafted articles of incorporation (the "Articles of Incorporation ") and bylaws (the "Bylaws ")
related thereto. Adoption of the Resolution will authorize staff to move forward and file the
Articles of Incorporation with the State of California Secretary of State to initiate the formation
of the Corporation.
Attachments: Resolution of Formation
Exhibit A - Articles of Incorporation
Exhibit B - Bylaws
JHR /NS:vl:dll $ C0UNCIL \AdmnS \1213ACW i, \ Boker $fiedpubFCbenefitcap.FnIDoc.
BAKE
gL1F0
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: T. i.
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HE V4511 �tJ
DATE: July 5, 2013 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Resolution authorizing the Bakersfield Police Department to apply for the Edward
Byrne Memorial Justice Assistance Grant ($154,003) from the U.S. Department of Justice to fund
BPD overtime for School Resource Officers and Targeted Case Management services, in
partnership with Project 180, to assess and respond to internal / external threats in schools and to
reduce truancy.
RECOMMENDATION:
Staff recommends adoption of the proposed Resolution.
BACKGROUND:
Since 1996 the City of Bakersfield Police Department has applied for and received grant funding
from the U.S. Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G) Program.
Funding from the L.L.E.B.G. Program has helped the City underwrite various projects to reduce
crime and improve public safety. Due to federal budget adjustments, the L.L.E.B.G. Program has
been eliminated and rolled into the Edward Byrne Memorial Justice Assistance Grant.
"The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751 (a)) is the
primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds
support all components of the criminal justice system, from multi - jurisdictional drug and gang task
forces to crime prevention and domestic violence programs, courts, corrections, treatment, and
justice information sharing initiatives."
Grants from the J.A.G. Program have a term of four years and do not require any match from the
City. Prior to submitting the application to the Department of Justice, the Bakersfield Police
Department must comply with a number of grant conditions including the requirement that the
grant application be reviewed by "the governing body of the unit of local government." This
agenda item fulfills this requirement.
The Police Department wishes to submit the following proposal to the Department of Justice for
grant approval. The dollar amounts in the proposed budget below are estimates. If department
..
A KE
� Q�xconoa „� Rs�
U C7
ADMINISTRATIVE REPORT
I F0
needs change or the amounts spent differ from those proposed, the Police Department will
expend the differences in accordance with the JAG /Byrne Grant Guidelines.
2013 JAG /BYRNE GRANT PROPOSAL
Schools in Bakersfield are equally at risk to threats, both internal and external, as are schools in
any other part of the nation. This nation has seen school violence in many forms. From
Columbine, where two school students killed twelve fellow students, an internal Threat, to the
more recent Sandy Hook Elementary School, where Adam Lanza, an external threat, killed
twenty elementary school children. School threats in any form must be taken seriously. Truancy
also continues to plague many schools in the greater Bakersfield area. Despite numerous
interventions truancy is still a common occurrence that requires consistent attention and
multijurisdictional solutions.
The goals of this project are: (1) to partner with allied agencies, both governmental and
community based to identify, intervene and prevent school violence through threat assessment
partnerships; (2) Reduce school truancy by targeting individual, at -risk students who are
habitually truant; and, (3) Provide additional law enforcement services to targeted schools on an
on -going as needed basis.
The strategy we will use to accomplish these goals will be to employ School Resource Officers
(SRO) to area schools on an overtime basis. Before officers will be eligible for assignment as an
SRO they will be required to attend training. They will be deployed throughout the city and
supervised by a full -time sergeant who will be responsible for daily assignments. SROs will focus
their efforts on targeted schools in partnership with Project 180 to identify, intervene and prevent
school violence and truancy through a multijurisdictional approach. The approach utilizes
Targeted Case Management services that focus on the dynamic factors and will include, but not
be limited to Diversion programs, Cognitive - Behavioral treatment using the Aggression
Replacement Training (A.R.T.), Forward Thinking Interactive Journaling curriculums, and Parent
Project.
Project 180 is a gang prevention partnership dedicated to working with at -risk youth by helping
them make better decisions through caring adult relationships, after - school programs, youth
development, diversion programs, service learning, job skills training, tattoo removal, parenting
skill building, crisis response, and teaching life skills. Project 180 is funded by the Kern County
Board of Supervisors under the leadership of the Joint City / County Standing Committee to
Combat Gang Violence and with administrative support from the Kern County Department of
Human Services.
Grant monies will be used to fund BPD overtime ($149,003) and Targeted Case Management
services ($5,000) in partnership with Project 180.
• •
ADMINISTRATIVE REPORT
.1GI raNrfisf ",
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: July 5, 2013
APPROVED
DEPARTMENT HEAD 7; �
CITY ATTORNEY� --
CITY MANAGER
SUBJECT: 1. A resolution authorizing the Bakersfield Police Department (BPD) to accept
funding in the amount of $94,930.00, made available through the Grant Assistance
Program (GAP) of the California Department of Alcoholic Beverage Control (ABC).
2. Appropriate $94,930.00 State Grant Revenues [FY2013 -14 Grant Assistance
Program (GAP) from the State Office of Alcoholic Beverage Control (ABC)] to the
General Fund Police Operating Budget
RECOMMENDATION: Staff recommends approval of the proposed resolution.
BACKGROUND:
The City of Bakersfield has received notification from the ABC that a grant in the amount of
$94,930.00 has been awarded to the BPD under the Grant Assistance Program (GAP). The grant
funds under the ABC GAP program will fund, in part, the joint operations of the BPD / Kern
County Sheriff's Office Joint Vice Task Force (JVTF) to conduct undercover surveillances and
investigations; and conduct minor decoy and shoulder tap operations.
To accept the grant and execute Grant Contract # 12G -LA05, the ABC requires a resolution from
the City Council accepting the grant funds. This resolution will serve to satisfy this requirement.
The Bakersfield Police Department also requests that the grant funding ($94,930.00) be
appropriated into the General Fund Police Operating Budget for ABC grant operations.
DWB
P: \BPD\ADMIN RPTSWDMIN RPTS FY13- 14WDMIN RPT - (07- 17 -13) 2013 -14 ABC GAP GRANT (12G- LA05).docx
6/19/2013 3:54 PM Page 1 of 1
co Acv
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 7. k
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: June 11, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY_
CITY MANAGER
SUBJECT: Resolutions to add the following territories to the Consolidated Maintenance District
and approving, confirming, and adopting the Public Works Director's Reports and
authorizing collection of assessments by the Kern County Tax Collector.
1. Area 3 -89 (north of NWC of Harris Road and Buena Vista Road) - Ward 5
2, Area 4 -115 (422 Oak Street) - Ward 2
RECOMMENDATION: Staff recommends adopting the Resolutions.
BACKGROUND: On June 26, 2013, the Council adopted Resolutions of Intention No. 1753 and
1754 respectively, adding the above territories to the Consolidated Maintenance District as
required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance
District will provide for the maintenance of parks and /or street landscaping. The areas will be
under park and /or streetscape zones of benefit and will be assigned the appropriate tier levels
when parks and /or street landscaping have been installed.
The addition of these territories to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the properties described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District,
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) 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 \07 -17 \Res est CMD 3 -89 4- 115.docx
MEETING DATE July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: $
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 1, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY_
CITY MANAGER S
Resolution of Intention No. 1755 to order the vacation of a portion of the public
utilities easement located at 8400 Rosedale Highway, (Ward 4)
RECOMMENDATION: Staff recommends adoption of Resolution of Intention,
BACKGROUND: The City of Bakersfield has received a request from CEI Engineering Associates
on behalf of Walmart to vacate a portion of the public utilities easement (PUE) located at
8400 Rosedale Highway. This portion of the PUE is being vacated as a result of a building
expansion on the site, The final hearing is set for the Council Meeting scheduled on August 14,
2013,
The City Fire, Police, Public Works, and Community Development Departments have been
notified of the request and no objections have been received as of the date of this report,
Public Works notes that there are no City sewers or storm drain facilities in this area.
The utility companies serving the area have been notified by mail. Public Works has received
no objections as of the date of this report,
Preliminary notices were also mailed to all adjacent property owners within a 300 - foot radius
of the proposed vacated area. Public Works has received no objections from these owners as
of the date of this report.
On June 10, 2013, the Planning Department found the proposed vacation of a portion of the
public utilities easement located at 8400 Rosedale Highway to be consistent with the
Metropolitan Bakersfield General Plan pursuant to Government Code 65402.
It was determined that this action Is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
/mm
July 1, 2013; 9:43 am
G: \GROUPDAT \ADMINRPT \2013 \7 -17 \PUE VACATION - 8400 ROSEDALE HWY
ADMINISTRATIVE REPORT
0
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: July 1, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY _
CITY MANAGER
SUBJECT: Resolution of Intention (ROI) # 1756 to add Area 1 -95 (west of the northwest
corner of Rosedale Hwy and Allen Road) to the Consolidated Maintenance
District and preliminarily approving, confirming, and adopting the Public Works
Director's Report. (Ward 4)
RECOMMENDATION: Staff recommends adopting the Resolution 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 territory 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 property 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 \07- 17 \ROI est CMD 1- 95.docx
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 2-n.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: July 2, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
Pr
CITY MANAGER
SUBJECT: Amended and Restated Resolution of the City of Bakersfield Declaring its
Intention to Establish the City of Bakersfield 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. (Ward 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: In August 2007 the City entered into a Development Agreement (No. 07 -310)
with Castle & Cooke California Inc., and Bolthouse Properties LLC (the "Developers ")
regarding the future development of approximately 2,180 acres of land in west Bakersfield;
more commonly known as the West Ming Specific Plan area.
The Development Agreement is quite broad in scope. It provides the developers with certain
assurances regarding the future development of their property and in exchange, it also
provides the City with the ability to collect certain fees and special taxes to help mitigate
various impacts this future development will have on City infrastructure, facilities and services.
One of the components of the Development Agreement included the formation of a
Community Facilities District. The original intent of the district was to provide financing for the
operation and maintenance of public facilities and services, including salary and benefits of
personnel, as well as capital costs related to public facilities and infrastructure, in southwest
Bakersfield required to support the Project as described in the Development Agreement.
There has been new legislation and litigation regarding tax exempt financing assistance to
developers for public infrastructure since the adoption of the agreement back in 2007 and as
a result, both the City and the developers have determined that the CFD should be formed for
"services only" and will not include any mechanism to finance public infrastructure or public
facilities. The general concern of the developers is that using tax exempt bonds to finance
public improvements would potentially trigger prevailing wage requirements on any public
infrastructure or facilities that might be constructed by the developers.
Services to be included in the proposed district are Fire and Police Protection Services in the
amount of $287 per residential unit annually for the first ten years and $174 per residential unit
annually for the second ten year period. Commencement of the first ten year period is to
begin upon issuance of the building permit for a residential unit within the project area, and
only those residential units for which a building permit has been issued will be subject to the
services tax. There are currently no residential units in the district boundaries.
ADMINISTRATIVE REPORT
Formation of a Community Facilities District is a multi -step process initiated by adoption of a
Resolution of Intention (ROI), which is the item before you this evening. After the ROI is
adopted there is a formal noticing procedure to inform the property owners and any residents
who live within the proposed district area of the intent to form the district. There are six
property owners within the proposed district boundaries; the two developers (Castle & Cooke
and Bolthouse Properties LLC) and four Consenting Parties (Houchin Blood Bank, Hoffman
Hospice of the Valley, Kern Schools Federal Credit Union and PCG), so only the six property
owners need to receive the notice. Further, the special tax will not apply to the Consenting
Parties unless or until residential homes are constructed on their land.
A minimum 30 day period must elapse between the approval of the ROI and the public
hearing. After this 30 day period has elapsed, then a noticed public hearing is held where the
property owners and the public can comment for or against the formation of the district. Both
the developers and the Consenting Parties have agreed to support the establishment of the
CFD as stipulated in the Development Agreement.
An ROI was originally approved by the Council at their June 5, 2013 meeting. However, there
was a misunderstanding regarding some of the terms of the CFD services tax, which require us
to "amend and restate" the ROL If this amended ROI is approved this evening, then the
public hearing will be scheduled for the September 11, 2013 Council meeting date, at which
time we will also bring forward an amendment to the Development Agreement to both clarify
the "services only" aspect of the district formation and to add the Consenting Parties as
signatories to the agreement.
After the public hearing is completed the Council can call for the election to be held. The
mailed ballots and waivers will have been collected by September 11 so that the election
results may be read into the record on that evening. After the election results are read then
the Council can either choose to approve, amend or deny the formation of the district and
the collection of the special tax. Approval of the formation would be authorized by adoption
of a Resolution as well as an approval for 1st reading of an Ordinance; with 2nd reading
tentatively scheduled for the September 25, 2013 meeting date. The Ordinance would
become effective 30 days after the 2nd reading date and at that time the district would be
officially formed.
The corrected terms and conditions of the special tax collection are that the special tax would
not commence until such time as a residential building permit is issued for the area. The
proposed district and the special tax collections will run for a 20 year period for each
residential property. Each residential unit will be levied the special tax for a 20 year period,
with the tax for the first ten years at $287 and the tax for the second ten years at $174. The
district will cease to exist 20 years after complete build -out of the area, or 20 years after the
final residential building permit is issued within the district boundaries. Any and all funds
collected during the life of the CFD would be used to offset the operational costs of Police
and Fire protection services.
n ks
S:ladminladmin reportsWdmin - csd formation - amended reso of intention only - west ming - July 2013 .docx
0 A
,
U C
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: T.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_ V��
DATE: June 28, 2013 CITY ATTORNEY �-
CITY MANAGER �W
SUBJECT: Agreement with the Kern High School District to lease property at 1417 H Street
for storage purposes for a three year period at a total cost of $199,575. (Ward 2)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
The City of Bakersfield is proposing to lease a 12,320 square foot building from the Kern High
School District (KHSD) for the Police Department's property room needs. KHSD acquired this
property, which contains four buildings, from the Andre Family Partnership in 2012. The
property is ideally situated for KHSD's future expansion needs. However, KHSD has opted to
lease out the four buildings until they are needed.
Currently, the City leases 4,500 square feet for $24,000 /year in one of the other buildings from
KHSD for the Police Property Room. However, the Police Department's storage needs have
grown tremendously over the past 10 years and are presently situated at several locations. By
leasing this building it will allow the Police Department, on an interim basis, to combine several
storage facilities into one location. This will allow the Police Department to determine its long
terms needs and develop a cost effective plan to address them. The term of the lease is three
years and the rental rate is $5,420.00 per month or $65,040.00 per year (a $41,000 net increase
over the existing lease). The City and KHSD agreed that the City would maintain the building
in exchange for a favorable rent.
The funding for the first year of this lease is contained in the Police Department's 2013 -14
Operating Budget within the General Fund.
p: \myfiles \admin reports \police property room.doc.docx
4/18/2012 4:06 PM
DMA /s
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: $
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 28, 2013 CITY ATTORNEY ✓�
CITY MANAGER
SUBJECT: Consent to Common Use Agreement with the North Kern Water Storage District
for areas where Mohawk Street crosses over the Calloway Canal. (Ward 3)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The construction of the extension of Mohawk Street north of Rosedale Highway will cross over
the Calloway Canal. The agreement sets forth the rights and responsibilities of the City and
the North Kern Water Storage District for the operation of each parties' facilities once the
construction of the Mohawk Street Extension has been completed.
June 28, 2013, 2:15PM
P: \MyFiles \Admin Reports \NKWSD Consent to Common Use.doc
DMA /s
.A
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: June 18, 2013
A P VED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER_
SUBJECT: Pipeline License Agreement with Equilon Enterprises LLC, dba Shell Oil Products US,
(one -time license fee payment of $30,000 to the City) for oil and gas pipelines
under various City -owned properties. (Wards 2, 5 & 6)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: In 1981, the City granted Independent Valley Energy Company (IVEC) a
license to construct three pipelines, not exceeding twelve inches in diameter, under property
owned by the City. In addition, IVEC also acquired a license in 1981 from Tenneco Realty
Development for properties that have since been acquired by the City. Shell Oil Company
(Shell) has since acquired the IVEC pipeline and has requested the City grant them a license
for its continued operations.
Shell is currently working on the IVEC Pipeline Upgrade Project that will replace approximately
15 miles of the 10 -inch IVEC pipeline in Kern County over a period of four years.
This license agreement allows Shell to use certain City streets for their pipeline, shown on Exhibit
"A" of the attached agreement. The pipeline crosses Stockdale Highway, Kroll Way, Camino
Media, and Ming Avenue adjacent to the Arvin Edison Canal, and will be adjacent to the
median island on Gosford Road (northbound), from the Arvin Edison Canal crossing to
Panama Lane. Shell will be required to ensure streets are left, at a minimum, in the some
condition as before they started work.
Shell Oil Company will pay the City a one -time fee of $30,000 for this license. This fee was
based on the original license fee paid by IVEC, adjusted for inflation.
mps
g: \groupdat \adminrpt \2013 \07 -17 \shell license agrmt.docx
4/18/2012 4:06 PM
DMA /s
A
ox4 tr
ADMINISTRATIVE REPORT
d
i
� n
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 2. r.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: June 27, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER_.
SUBJECT: Design Consultant Agreement with Baskin Mechanical Engineers Inc., ($52,500.00)
to provide design and engineering services for the replacement of the Heating,
Ventilation and Air Conditioning (HVAC) system at the Community Development
Building, located at 1715 Chester Avenue (Ward 2).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The Community Development building, constructed in 1961, still has the original
HVAC system. This system is inefficient and has exceeded its' useful life. The system has also
required several expensive repairs over the past few years. A project to replace this HVAC system
has been budgeted in the Capital Improvement Program.
This agreement provides for preparing plans, specification and estimates to replace the existing
HVAC system. Design work for this project will present many challenges for the design engineer
due to: the age of the building; limited access to the basement (only a stairwell) to remove the
old system and install the new system; the installation of a cooling tower on the roof of the
building and its related piping which will run from the roof to the basement; and, no accurate
floor plan or air conditioning ducting plan for the building due to numerous tenant improvements
and remodels over the last 53 years.
The successful design of this project will require the collaboration of the following engineering
disciplines: mechanical engineering, architecture, electrical engineering, structural engineering,
and balance testing and analysis. There are limited HVAC engineering firms which can provide
the design and engineering services required for a retrofit project this complex.
A search of locally listed consulting firms that design and engineer HVAC systems for commercial
office buildings resulted in two firms. Selection of Baskin Mechanical Engineers was based on their
indication to staff that they had the design team of the various disciplines needed and that they
could design the project to lower construction project costs. Additionally, this consultant has
successfully worked on other HVAC projects for the City.
Replacement of the existing HVAC should result in lower utility costs. In addition, staff will apply for
PG&E rebates available for this type of project to offset a portion of the project cost.
Sufficient funds are budgeted to award this agreement.
elp
G: \GROUPDAT \ADMINRPT \2013 \07 -17 \Comm Services HVAC admin (3).doc
F B o�� S
ADMINISTRATIVE REPORT
10
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: , S.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 1, 2013
AP OVED
DEPARTMENT HEAD
CITY ATTORNEY_ '�"
CITY MANAGER /W
Approval of Tract Map and Improvement Agreements:
Final Map, Improvement and Landscape Agreements with Mira Logo, L.P., a
California Limited partnership, for Tract 6167 Phase 2 located east of Old River
Road and north of Harris Road (Ward 5)
RECOMMENDATION: Staff recommends approval of map and agreements.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to, streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
..
July 2, 2013, 10:20AM
G:\ GROUPDAT \ADMINRPT\2013 \07- 17 \T6167 -2 Map and IM AGRA=
A
ADMINISTRATIVE REPORT
1
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: July 1, 2013
SUBJECT: Improvement Agreement (ONLY):
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY AM
CITY MANAGER
Improvement Agreement with D.R. Horton VEN Inc., DBA D.R. Horton
America's Builder, a corporation authorized to do business in California, for
Tract 6448 Phase 6 located south of Stockdale Highway and west of Renfro
Road. (Ward 4)
RECOMMENDATION: Staff recommends approval of improvement agreement.
BACKGROUND: Tract map 6448 Phase 6 was recorded by Castle & Cooke on April 2, 2013
and later sold to D.R. Horton VEN Inc. The new Improvement Agreement will replace existing
Improvement Agreement No. 13 -033. This Agreement is entered into to secure the
improvements required for the Subdivision Map. Such improvements include, but are not
limited to streets, sewer, walls, and storm drain on or adjacent to the property being
subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
••
July 2, 2013, 8:49AM
G: \GROUPDATWDMINRPT \2013 \07- 17 \T6448 -6 IM AGRA=
A
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: $ . u
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 1, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Approval of Tract Map and Improvement Agreements
Final Map, Improvement and Landscape Agreements with Lennar Fresno, Inc.,
a California corporation, for Tract 6453 Phase 2 located at the southwest
intersection of Reina Road and Allen Road. (Ward 4)
RECOMMENDATION: Staff recommends approval of map and agreements.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
..
July 1, 2013, 2:08PM
G: \GROUPDAT\ADMINRPT \2013 \07- 17\T6453 -2 Map and IM AGR.doc
T A
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: $,V.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 1, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY_
CITY MANAGER /C
Approval of Tract Map and Improvement Agreements
Final Map, Improvement and Landscape Agreements with Lennar Fresno, Inc.,
a corporation authorized to do business in California, for Tract 6757 Phase 1
located south of McKee Road and west of Mountain Ridge Drive. (Ward 6)
RECOMMENDATION: Staff recommends approval of map and agreements.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map, Such improvements Include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW,
..
July 1, 2013, 11:52AM
G: \GROUPDAT\ADMINRPT \2013 \07- 17\T6757 -1 Map and IM AGR.doc
F A
ADMINISTRATIVE REPORT
1
MEETING DATE: July 17, 2013 AGEND�4 SECTION: Consent Calendar
ITEM:
T.
TO: Honorable Mayor and City Council APPILOVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD G
DATE: July 1, 2013 CITY ATTORNEY p�
CITY MANAGER �J
SUBJECT: Approval of Parcel Map and Landscape Improvement Agreement:
Landscape Improvement Agreement and Final Map with Bolthouse
Development Company, a California Limited Liability company, authorized to
do business in California, Parcel Map 11960 Phase 1 located north of Bolthouse
Drive and west of Buena Vista Road. (Ward 5)
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Landscape Improvement Agreement is entered into to secure the
improvements required for the Subdivision Map. Such improvements are for the median
landscaping and include, but are not limited to, water system, grass, plants, trees and timer
system adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
..
July 2, 2013, 9:48AM
G: \GROUPDAT\ADMINRPT \2013 \07- 17 \PM11960 -1 Map & Landscape AGR.doc
A
U G
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 2 . X
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
Julyl, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Mohawk Street Improvements: Rosedale Highway to Siena Lane (Wards 2, 3 &
County):
1. Utility agreement with Pacific Gas and Electric Company ($238,526.33) for the
relocation of poles and overhead electrical facilities.
2. Appropriate $240,000 Transportation Development Fund balance to the
Public Works Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: In order to construct Mohawk Street from Rosedale Highway to Siena Lane,
Pacific Gas and Electric Company (PG &E) must relocate their utility poles and overhead
electrical facilities. These existing electrical facilities are located in a private easement outside
of the franchise area. Because of PG &E's prior easements, the City must pay for these
relocations.
It is anticipated that PG &E will relocate its facilities prior to the City starting construction on this
street improvement project. Initial relocation costs have been estimated at $238,526.33.
This Agreement is funded with traffic impact fees; therefore, there is no General Fund impact.
PW /DSGN /DP
7/2/2013 2:08 PM
G: \GROUPDAT\ADMINRPT \2013 \07- 17 \PG &E Utility Agreement - Mohawk Street North.docx
A
�• s
ADMINISTRATIVE REPORT
Wit
IF
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: Y.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: June 27, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY Q�
CITY MANAGER
SUBJECT: Amendment No. 1 to Utility Agreement No. 11 -080 with Pacific Gas & Electric
($39,083.22; revised not to exceed $68,543.22) for relocating one pole along the
Masterson Street alignment. (Ward 3)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The City entered into Utility Agreement No. 1 1 -080 on July 13, 2011, with Pacific
Gas & Electric (PG &E), to have PG &E relocate overhead electrical pole line facilities to
accommodate the City's Masterson Street project.
City staff has completed the first segment of Masterson, from Paladino Drive to just south of
Panorama Drive. This second segment of Masterson Drive cannot be constructed until a
power pole is moved out of the future travel way. The power pole predates the right -of -way
for Masterson Street, so PG &E has prior rights. This means that the power line cannot be
moved under the franchise agreement the City of Bakersfield has with PG &E, but must be
moved separately under a Utility Agreement.
Agreement No. 11 -080 provided for the electrical facilities to be relocated by PG &E with full
reimbursement of costs by the City. The initial estimate to relocate the electrical facilities was
$29,460. However, PG &E did not account for environmental survey costs in their initial estimate.
In addition, construction costs came in higher than originally estimated. This amendment is
required to provide for full cost reimbursement to PG &E for work performed pursuant to the
original Agreement.
Sufficient funds are budgeted to fund this amendment. Assessment district bond proceeds
provide the funding source for this item; therefore, there is no General Fund impact.
Ps
G: \GROUPDAT \ADMINRPT \2013 \07 -17 \Amend No. 1 to PG &E Agr. No. 11- 080.doc
Aa
ADMINISTRATIVE REPORT
C NMI
F
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: Ig . Z
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: July 2, 2013
APPROVED
DEPARTMENT HEAD dL
CITY ATTORNEY
CITY MANAGER_
SUBJECT: Amendment No. 1 to Agreement No. 09 -090 with H & H Engineering Construction,
Inc. (no change in compensation) to extend the term of the agreement from July
31, 2013 to December 31, 2013 (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Along with owning the Amtrak Station on Truxtun Avenue at S Street, the City
owns one mile of railroad from H Street to Union Avenue. This track serves as the lead track for
the Amtrak trains to access the station's platform. Per Federal Railroad Authority's rules and
regulations, this track must be inspected frequently by qualified inspectors and repaired when
issues are identified. The City has contracted with H & H Engineering Contracting to provide
maintenance, repairs, and emergency callout repair services.
Agreement No. 09 -090, approved on July 15, 2009, has a four -year term, which expires in July
2013. Because the agreement was set to expire in July 2013, staff advertised for this work on May
31, 2013 with bid opening set for June 18, 2013. However, no bids were received for this project.
Therefore, staff recommends approval of this five -month extension to the current agreement
since railroad repair maintenance is necessary for the safety of the traveling public and is
required per federal regulations.
Staff will re- advertise this project in August 2013, after a review of the contract requirements to
encourage qualified firms to respond to the advertisement while ensuring the safety of the
traveling public. Staff anticipates award of a new agreement in late Fall 2013.
Sufficient funds remain on the original contract; therefore, the compensation clause will not
increase.
Public Transit funds, administered by KernCog, provide the funding source for this agreement.
Therefore, there is no General Fund impact.
PW /Design Engr /BM /Project No. KAM604
July 2, 2013, 2:01 PM
G: \GROUPDATWDMINRPT \2013 \07- 17\Amend No. 1 To H &H Engineering Construction Agr. 09- 090.Doc
pF POO.,;ERs
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: g , a'o' .
TO: Honorable Mayor and City Council
APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: June 25, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 6 to Agreement No. 08 -179 with Sungard Public Sectt.((SP , for
Service Support of Licensed Software in the amount of $171,755.47.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
On October 22, 2008, the Council approved Agreement No. 08 -179 with SunGard Public Sector (SPS)
under which SPS agreed to provide software maintenance services for the licensed programs owned by
the City. In accordance with the original agreement the City pays maintenance fees for those licenses
being used.
SPS developed many of the software programs which the City runs on the AS /400 computer. Such
programs include: Purchasing /Inventory; Payroll /Personnel; Accounts Receivable; Accounts Payable;
Business Licenses; Utility Billing; Work Orders; Fire Records Management; Building Permits; Planning &
Zoning; Park Reservations, etc. This amendment will ensure that SPS continues to update software and
provide service for any problems encountered with these programs.
The yearly maintenance and service support payments have been fairly constant over the past three years
of this agreement. The original payment for 2009 was $170,326.75, 2010 was $168,436.74, 2011 was
$168,853.33 and 2012 was $168,405.43. This agreement calls for a one -time payment of $171,755.47
which will ensure support through July 31, 2013.
IVECH
BAKE
tn ADMINISTRATIVE REPORT
LIF
MEETING DATE: July 17, 2013
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: June 25, 2013
AGENDA SECTION: Consent Calendar
ITEM: 9. b% .
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No.4 to Agreement computers 'n 09-087
he mount of $295,385.20 ems, Inc.,
to provide
Microsoft Licenses for 1029 C p
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: On July 15, 2009, the City Council approved atfi five-year
installEnterprise s version of M c osoft ontract
No. 09 -087) with Microsoft Corporation that allows the y
e licenses being used. This year, the cost of
products on City computers. In accordance with the original agreement, the City inventories all Microsoft
p g for on
licenses being utilized Burin the year and pay Y
licenses being used totals $215,385.20. The agrees ernt covers
he City's Serve s, databases software d website. This
for producing letters and spreadsheets, and for running
amount is available in the Information Technology operating budget.
EC /ITD
6/25/2013 11:17 AM
BA
�co�roll,r �''S
ADMINISTRATIVE REPORT
WWAnt
10
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: , C-C .
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: July 1, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 11 -099 with Vulcan Materials Company;
extending the contact term one year, and adding $6,000,000 (for a total not to
exceed amount of $18,000,000) to the Annual Contract for supply of street
materials. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On September 14, 2011, Council approved the annual contract for providing
street materials to Vulcan Materials Company, in the amount of $6,000,000; renewable annually
thereafter for four (4) consecutive one -year periods. On August 15, 2012, Council approved
amendment no. 1 extending the contract term one year and increasing compensation
$6,000,000.
Currently there is $1,000,000 available on this contract. Extending the contract expiration date
and increasing the contract $6,000,000 will allow the Public Works Streets Division to continue
with street maintenance program and the Water Resources Department to maintain the canal
bank access for the next twelve months.
If approved, Amendment No. 3 will extend the contract term one year and add $6,000,000 for a
revised not to exceed amount of $18,000,000. Funds are budgeted in the departmental
operating accounts within the Water Enterprise, Gas Tax, and General Funds. Approval of the
amendment will allow the City to continue to meet the demand to supply street materials.
Purchasing Division /ch
S:\PURCHWDMIN\Amendments 13 -14WC for Street Materials Amendment #2 to Agreement 11- 099.docx
July 2, 2013, 3:30PM
BA E
volu
ADMINISTRATIVE REPORT
c �.r
LI 0
MEETING DATE: July 17, 2012 AGENDA SECTION: Consent Calendar
ITEM: g , d
Ile
FROM
Honorable Mayor and City Council
Nelson Smith, Finance Director
DATE: July 2, 2013
SUBJECT:
Amendment P
extending the
(City Wide)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER___
o. 2 to Agreement No. 11 -093 with Badger Meter, Incorporated;
contract term one year, to continue the supply of water meters.
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On August 17, 2011, Council approved the Annual Contract for the supply of
water meters to Badger meter, Incorporated in the amount of $593,793.94; renewable annually
thereafter for four consecutive one -year periods. On July 5, 2012, Council approved
amendment No. 1 extending the contract term one year.
The bids solicited were based on a list of various sizes of water meters with estimated quantities.
The contract was awarded to the lowest bidder Badger Meter, Inc. in the amount of
$593,763.94. The total purchases during the first two years of this contract amount to about
$230,950. There is over $362,000 still available on this contract; therefore, no dollar increase is
needed. This request is a time -only extension to add another 12 months to the purchasing
timeline.
If approved, Amendment No. 2 will extend the term one year. Funds are budgeted within the
operating budget of the Water Resources Enterprise Fund. Approval of the amendment will
allow the City to continue to meet the demand to supply of water meters.
Purchasing Division/ch
S: \PURCH\ADM1N\Amendments 13 -14\AC for Water Meters Amendment #2 to Agreement 11- 093.docx
July 2, 2013, 3:21 P.M.
GG BAK
QI yCAVOR4 eC S
G ADMINISTRATIVE REPORT
LIFO
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9. ed.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: July 1, 2013
APPROVED
DEPARTMENT HEAD e!I<
CITY ATTORNEY
CITY MANAGER_
SUBJECT: Amendment No. 3 to Agreement No. 10 -144 with Ennis Paint, Incorporated;
extending the contact term one year, and adding $150,000 (for a total not to
exceed amount of $498,221.31) to the Annual Contract for supply of traffic paint.
(City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On September 22, 2010, Council approved the annual contract for providing
traffic paint to Ennis Paint, Inc., in the amount of $148,221.31; renewable annually thereafter for
four (4) consecutive one -year periods. On August 27, 2011, Council approved amendment no.
1 extending the contract term one year and increasing compensation $50,000. On August 15,
2012, Council approved amendment no. 2 extending the contract term one year and
increasing compensation $150,000.
Currently there is $40,000 available on this contract. Extending the contract expiration date
and increasing the contract $150,000 will allow the Public Works to continue with street markings
program for the next twelve months.
If approved, Amendment No. 3 will extend the contract term one year and
revised not to exceed amount of $498,221.31. Funds are budgeted in
operating account within the General Fund.
Purchasing Division /ch
&VURCHIADMIMAmendments 12 -13WC for Traffic Paint Amendment #3 to Agreement 10- 144.docx
July 2, 2013, 3:52PM
add $150,000 for a
General Services
of ,B,ro„ E s
ADMINISTRATIVE REPORT
c
CFO
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: g.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: July 2, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER_
APPROVED
SUBJECT: Amendment No. 4 to Agreement No. 10 -107 with Kern Sprinkler Landscaping,
Incorporated; extending the contract term one year, and adding $300,000 (for a
total not to exceed amount of $894,648.25) to continue the supply of landscape
and irrigation services. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On July 21, 2010, Council approved the Annual Contract for the supply of
landscape and irrigation services to Kern Sprinkler Landscaping, Incorporated in the amount of
$224,648.25; renewable annually thereafter for four consecutive one -year periods. On June 8,
2011, Council approved Amendment #1 extending the term one year. On January 11, 2012,
Council approved Amendment #2 adding $130,000. On June 27, 2012, Council approved
amendment #3 extending the contract one year and adding $240,000.
if approved, Amendment No. 4 will add $300,000 for a revised not to exceed amount of
$894,648.25, and extend the term one year. This proposed increase will meet the anticipated
needs of various City departments for the next twelve months (Refuse - $60,000, Water - $40,000,
and Parks - $200,000). Funds are budgeted within the operating budgets of the Refuse
Enterprise Fund, the Water Resources Enterprise Fund, and the General Fund (Parks). Approval
of the amendment will allow the City Departments to continue to meet the City's landscape
and irrigation service needs.
Purchasing Division/ch
&TURMADMMAmendments 13 -14WC for Landscaping and Irrigation Services Amendment #4 Agmt. 10- 107.docx
July 2, 2013 2:55 PM
A
J f
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9. Aq
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: July 3, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 50, 51, 63, 107, 113, 115, 117, 120, 122, 124, 126, 127,
130, 132, 138, 139, 140, 141, 144, 146, 147, 148, 150, 152, 154, 155, and 157 to
Agreement No. 09 -076 with Security Paving Company, Inc. (Net increase of
$316,510.00; revised not to exceed $93,402,539.52; change orders funded with
Roads Program Utility /Surcharge Fund ) for the construction of the Westside Parkway
Phase 2 Project (TRIP) (Wards 2, 4 and 5).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: As a result of the extraordinarily favorable bid climate at the time the Westside
Parkway Phase 2 project was bid, the City was able to extend the project limits from Coffee Road
all the way to Allen Road (This added three miles of freeway, an additional interchange at
Calloway Drive, and an additional bridge at Jewetta Avenue). This extended project limit
allowed the City to utilize all available State funding for this Project, since any unused funds would
have to be given back to the State. Due to time constraints for the State funding, portions of the
project construction bid and contract award were accomplished with less than final design work
completed. The final plans ultimately reviewed and agreed to by Caltrans also required changes
to the Project as compared to the plans used at the time of bidding. As such, a higher amount of
change orders were anticipated as the construction progressed. However, this series of actions
have been in the best interest of completing the Project, which is a critical component of the TRIP
program, and resulted in the utilization of all available State funding for constructing the Project.
Phase 2 of the Westside Parkway Project includes the construction of a 6 -lane freeway from
Mohawk Street to Allen Road. Also included in the project is the construction of interchanges at
Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta Avenue.
Change Order No. 50 provides for modifications to the striping plans to allow for the installation of
the new 6 -foot bike lane standard to be implemented on City Streets. Increases and decreases of
bid items at bid unit price are proposed with this change order as well as extra work for additional
markings, paint striping, and traffic control required to implement this work. This change order
results in an estimated increase of $75,118.71.
Change Order No. 51 provides for modifications and the elimination of a temporary traffic signal
at the intersection of Allen Road and the Westside Parkway. After a more detailed review of the
plans, and considering the timing of future funds to construct the next phase of this project, the
western end was re- designed by eliminating a temporary traffic signal and other items of work.
This change order results in an estimated decrease in contract items of $171,960.56.
Lt; Tdw G: \GROUPDATWDMINRPT \2013 \07- 17Wdmin Rpt CCO WSP Phase 2.docx
A
ADMINISTRATIVE REPORT
Change Order No. 63 provides for modifications and revisions to the project's electrical plans. The
original plans only showed estimated locations for PG&E points of connection for new services to
traffic signals, street lights, and sign and ramp illumination. At a later date, PG&E designs and
provides the actual location of these points of connection based on their existing facilities and
capacity. For this project, PG&E provided new service connection points that were further away
than estimated in the original plans, which requires the contractor to install and extend more
conduits and conductors for the various electrical systems in the project. This change order results
in an estimated increase of $72,500.
Change Order No. 107 provides for modifications to the Metal Beam Guard Rail (MBGR) and
terminal sections throughout the entire project. Per Caltrans recommendations, after bid opening,
various portions of MBGR and end sections need to be modified to meet Caltrans Standards. This
change order results in an estimated increase of $19,799.60.
Change Order No. 113 provides for compensation to the contractor for the removal and
replacement of approximately 850 feet of curb and gutter along Brimhall Road west of Coffee
Road that are in direct conflict with the excavation work for the installation of a storm drain
system. The original plans did not indicate the removal of existing curb and gutter during the
installation of a drain system located underneath the curb and gutter. This change order results in
an estimated increase of $23,600.
Change Order No. 115 provides for modifications to the perimeter block wall and gates at the
Jewetta Avenue lift station site. At the time of project bidding, the Homeowner's Association for
Brighton Estates, where a lift station is being installed with the project, had not approved the
improvements at the section of the lot fronting the street. A new wall with red -brick veneer and
white stucco, to match the surrounding improvements, was requested by the Association. Also, a
larger gate was modified to allow better access to the lift station. This change order results in an
estimated increase of $46,432.
Change Order No. 117 provides for the increase of Metal Beam Guard Rail (MBGR), a Type 12D
end section, asphalt dike, asphalt paving, and chain -link fence in the vicinity of Allen Road
eastbound on -ramp next to the Goose Lake Slough Canal. For safety reasons and the protection
of the travelling public, these items were added to the contract. This change order results in an
estimated increase of $66,499.47.
Change Order No. 120 provides compensation to the contractor for the additional installation of
3 ", 8 ", and 12" irrigation crossovers throughout the project. The original plans did not show enough
irrigation crossovers, and the quantities in bid documents did not have the correct amounts. The
designer revised the plans to include all future irrigation crossovers. This change order results in an
estimated increase of $95,151.
Change Order No. 122 provides compensation to the contractor for the additional installation of
changeable message signs in the vicinity of Coffee Road and Brimhall Road to notify the
travelling public of the ongoing construction work and lane closures in the area. These signs were
not identified in the original plans and were required for safety purposes. This change order results
in an estimated increase of $10,720.77.
Lt; Tdw G: \GROUPDAT\ADMINRPT \2013 \07- 17\Admin Rpt CCO WSP Phase 2.docx
A
ADMINISTRATIVE REPORT
Change Order No. 124 provides credit to the City for the elimination of the Type 60D concrete
barrier along retaining walls 304, 305, and 309. After the bid opening, the engineer, in
concurrence with the designer, concluded that this concrete barrier, due to its location, was not
required. This change order results in an estimated decrease of $81,420.
Change Order No. 126 provides credit to the City for the modifications made to a portion of a 12"
ductile iron water mainline installed along Jewetta Avenue, which was installed with PVC C -900
pipe instead. This change order results in an estimated decrease of $25,920.
Change Order No. 127 provides for modifications to the staining that the bridges and retaining
walls shall receive. The Coffee Road Bridge, constructed with integral color concrete, was also
supposed to receive three coats of staining as specified in the contract documents. In an effort to
maintain consistency along the corridor, staff decided to eliminate the staining from this bridge
and apply it to the Calloway and Jewetta Bridges as well as some of the retaining walls where no
integral color concrete was use to build the structures. The credit from not staining the Coffee
Road Bridge will be used to offset part of the cost to staining the other bridges and the retaining
walls. This change order results in an estimated increase of $36,037.67.
Change Order No. 130 provides credit to the City for the elimination of the slope paving work on
the east abutment of the Coffee Road Bridge. After reviewing the plans and the existing field
conditions, the project engineer decided to eliminate this item of work and extend the sidewalk
to the face of the abutment. This change order results in an estimated decrease of $76,260.00.
Change Order No. 132 provides for additional sidewalk and curb under the Coffee Road Bridge.
To avoid having to maintain a small portion of barren land between the sidewalk and the bridge
abutment, the engineer modified the original plans and added more concrete work in this area.
This change order results in an estimated increase of $24,176.60.
Change Order No. 138 provides credit to the City for the modifications made to a 16" ductile iron
water mainline installed along Calloway Drive. In an effort to save funds, the engineer, with the
approval of the water district, replaced some portions of the ductile iron water mainline with PVC
C -900 pipe. This change order results in an estimated decrease of $24,255.
Change Order No. 139 provides compensation to the contractor for the installation of additional
sidewalk, driveways, curb and gutter. During the relocation of a sewer mainline on Brimhall Road,
on the east side of Coffee Road, a portion of sidewalk, curb and gutter had to be removed as
the new sewer mainline was installed underneath the sidewalk. The contractor was directed to
place back these existing improvements after the sewer mainline works was completed. This
change order results in an estimated increase of $18,140.00.
Change Order No. 140 provides for adjustments made to the quantities to be paid to the
contractor for earthwork. Contract Change Order No. 40 approved by City Council on March 21,
2012, specified the method of measuring the final earthwork quantity to be paid at contract bid
price. Now, this proposed change order No. 140 reconciles the earthwork quantities in the project
to be paid to the contractor. This change order results in a net increase of $57,559.67.
U; Tdw G: \GROUPDATWDMINRPT \2013 \07- 17Wdmin Rpt CCO WSP Phase 2.docx
Change Order No. 141 provides credit to the City for the modifications made to the seal
pavement joint. As recommended by the engineer, the originally specified compression seal was
modified for a liquid joint seal that cost less and is easier to maintain. This change order results in
an estimated decrease of $68,645.83.
Change Order No. 144 provides compensation to the contractor for the installation of additional
4 -foot wide Type D bike loop detectors at four locations on Calloway Drive and Coffee Road.
These loop detectors for bicycles were not included in the original plans. Also, this change order
includes the modification of six traffic loop detectors from a Type E to a Type D. This change order
results in an estimated increase of $13,605.50.
Change Order No. 146 provides compensation to the contractor for additional work related to
the removal of existing chain -link fence and the installation of new fence. While work was
undergoing, the engineer decided to remove a portion of existing chain -link fence in the vicinity
of the Cross Valley Canal on the west side of Coffee Road that was in very bad condition and
represented a safety issue to the public. This portion of fence is to be reinstalled with new chain
link fence. This change order results in an estimated increase of $23,221.50.
Change Order No. 147 provides compensation to the contractor for providing video vehicle
detection cameras at two locations, which per the special provisions were supposed to be
furnished by the City. In order to expedite and better coordinate the installation of these
cameras, the engineers recommends to have the contractor provide the cameras. This change
order results in an estimated increase of $20,128.
Change Order No. 148 provides for additional installation of joint seal Type B on the Friant -Kern
Canal. The installation of this Type B seal was missing in the original plans and is required per the
State Standard Specifications. This change order results in an estimated increase of $41,750.
Change Order No. 150 provides for modifications to the size of the welded steel casings and
ductile iron water supply to be installed in the Calloway Drive and Jewetta Avenue Bridges. After
bid opening, the project designer reduced and increased the size of some of the steel casings
and also reduced the size of a water line to be installed in the above mentioned bridges. This
change order results in an estimated decrease of $31,641.
Change Order No. 152 provides for the installation of red -brick pattern stamped concrete in the
median islands along Calloway Drive at the Westside Parkway intersection. This work was not
included in the original bid plans and is needed to match the existing aesthetics in the area. This
change order results in an estimated increase of $50,000.
Change Order No. 154 provides for the construction of additional closure block walls in all four
quadrants of the Jewetta Avenue Bridge. These walls are necessary for safety reasons to prevent
pedestrians from gaining access to the freeway from Jewetta Avenue. This change order results
in an estimated increase of $24,051.
Change Order No. 155 provides for quantity adjustment to various items of work based on
revisions made to the plans by the designer. This change order increases and decreases various
Lt; Tdw G: \GROUPDATWDMINRPT \2013 \07- 17Wdmin Rpt CCO WSP Phase 2.docx
items of work at the original bid price. This change order results in an estimated increase of
$63,120.90.
Change Order No. 157 provides for the addition of concrete grooving to a portion of the freeway
close to the Coffee Road Bridge. The project designer, AECOM, made this recommendation after
the project was awarded. This change order results in an estimated increase of $15,000.
Staff recommends approval of Contract Change Order Nos. 50, 51, 63, 107, 113, 115, 117, 120,
122, 124, 126, 127, 130, 132, 138, 139, 140, 141, 144, 146, 147, 148, 150, 152, 154, 155, and 157.
Change Orders to date, including these proposed Change Orders, total $16,830,094.45. This is a
21.9% increase over the original Agreement as illustrated below:
Original Contract Amount = $ 76,572,445.07
Previous Change Orders = $ 16,513,584.45
Current Change Order Nos. 50,51,63,107,113,115,117,120
122,124,126,127,130,132,138,139 ,140,141,144,146,147,148,150,
152,154,155, and 157 = $ 316,510.00
Amended Contract Agreement after Change Orders = $ 93,402,539.52
Net Increase to date = $ 16,830,094.45
Much of the added cost for project change orders to date is due to Change Order No. 21 ($5.9
million) which is for the KCWA Box Culvert - an item the City was always paying for, but which was
originally to be constructed by the KCWA. Later, after the Westside Parkway Phase 2 project had
bid, KCWA management requested that the City construct this box culvert as part of the freeway
project instead of the KCWA. Also, Change Order No. 1 for $588,430 was for added work
requested and paid for by the North Kern Water Storage District.
After several weeks, the contractor has not yet reviewed and approved Change Order Nos. 50,
115, 126, 127, 130, 138, 139, 140, 150, 152, and 155. Staff recommends approval of these change
orders now using the engineer's calculated quantities and without the contractor's signature. If
the contractor later submits acceptable justification for a revision to any of these change orders,
staff will review the additional information and, if changes are warranted, a revised contract
change order will be placed on a future City Council agenda.
There is no General Fund impact associated with these change orders.
Documentation for these Change Orders is on file with the City Clerks' Office. Due to the
voluminous amount of documentation for these change orders, this Information was not included
with the agenda packet.
Lt; Tdw G:\GROUPDAT\ADMINRPT \2013 \07- 17\Admin Rpt CCO WSP Phase 2.docx
` ORR
ADMINISTRATIVE REPORT
�o
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: July 2, 2013
APP-
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 3 to Agreement No. 13 -019 with Pacific Coast
Excavation ($23,850.15; revised not to exceed $200,370.21) for Storm Drain
Improvements within Existing Tract 5084 ( Calle Alisos, Calle Elegante, & Las
Entradas) (Ward 4).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for construction of storm water drainage improvements
within existing Tract 5084 ( Calle Alisos, Calle Elegante, & Las Entradas).
During the construction of the storm drain improvements, it was discovered that both PG&E and
City Water underground service lines were in direct conflict with the storm drainpipe that needed
to be installed. As such, these utility facilities need to be relocated before construction of the
new pipeline can resume thereby creating a right -of -way delay, as defined by the contract, until
these utilities can be relocated. The contractor has agreed to accept a lump sum of $23,850.15
as full compensation for costs incurred during this right -of -way delay.
The net cost increase of Contract Change Order No. 3 is $23,850.15. The sum of all change orders
to date on this project reflects a total cost increase of $30,061.21 (which results in a 17.7%
increase of the original contract amount) as illustrated below:
• Original Contract Amount = $170,309.00
• Amended Contract Agreement after Change Orders = $200,370.21
Net Increase to date = $ 30,061.21
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM (Construction)
July 3, 2013, 9:08AM
G: \GROUPDAT\ADMINRPT \2013\07- 17 \CCO 3 Storm Drain Improvements Tract 5084.doc
eo A4t
ADMINISTRATIVE REPORT
C
in
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 9. (j.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: July 2, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Contract Change Order No. 1 to Agreement No. 12 -150 with Loop Electric
Inc. ($13,458.02; revised not to exceed $165,733.02) for the project known as
Traffic Signal Interconnect Part 10 (Wards 5 & 6).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the installation of traffic signal interconnect conduit and
wiring along White Lane between Gosford Road and Ashe Road.
This change order provides for potholing and locating a large number of unanticipated utilities
that were discovered during the construction of this project. This work must take place prior to
the beginning of the interconnect conduit installation so that these existing utilities will not be
damaged during construction. The contractor has agreed to do this work for the lump sum price
of $13,458.02.
This is the first change order to be submitted for this project. This change order will increase the
project total by $13,458.02 (which results in an 8.8% increase of the original contract amount) as
illustrated below:
• Original Contract Amount = $152,275.00
• Amended Contract Agreement after Change Orders = $165,733.02
Net Increase to date = $ 13,458.02
Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact
associated with this Change Order.
RM (Construction)
July 3, 2013, 9:04AM
G: \GROUPDAT\ADMINRPT \2013 \07- 17 \CCO 1 Interconnect Part 10.doc
MEETING DATE: July 17, 2013 AGENDA SkCTION: Consent Calendar
ITEM: ?-JW1 -
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 1, 2013
ABPROVED
DEPARTMENT HEAD g ,
CITY ATTORNEY
CITY MANAGER
State Route (SR) -178 and Morning Drive Interchange (TRIP) (Ward 3):
Accept bid and award contract to Granite Construction Company, Inc.
($25,452,051.50; 88.53% federally funded - $22,532,701.19 and 11.47% locally
funded - $2,919,350.31) to construct the Project.
2. Reimbursement Agreement with East Niles Community Services District (for an
amount not to exceed $642,928.00, funded by District) for the installation of a
waterline as part of the Project.
3. Amendment No. 1 to Agreement 1 1 -088 with TYLin International ($350,000;
revised not to exceed $3,900,000. Amendment 88.53% federally funded -
$309,855 and 11.47% locally funded - $40,145) for design support services
during construction.
4. Consultant Agreement with Mendoza and Associates (for an amount not to
exceed $3,286,435.74; 88.53% federally funded - $2,909,481.56 and 11.47%
locally funded - $376,954.18) for construction management services.
RECOMMENDATION:Staff recommends acceptance of bid and award of contract, and
approval of reimbursement agreement, amendment for design support
services, and agreement for construction management services.
BACKGROUND: Subject 1: The SR -178 and Morning Drive Interchange Project consists of
widening SR -178 to two lanes in each direction, from east of Fairfax Road to Canteria Drive
and an auxiliary lane in each direction between Fairfax Road and Morning Drive. In addition,
there will be a full interchange connection at Morning Drive with the widening of Morning
Drive between Panorama and just south of SR -178. On June 25, 2013, a total of four bids were
received; all of which are acceptable. Those bids are as follows:
Granite Construction Company
3005 James Road
Bakersfield, CA 93308 (County)
Security Paving Company, Inc.
9050 Norris Avenue
Sun Valley, California 91352
in the amount of
in the amount of
KPB:G: \GROUPDAT \ADMINRPT \2013 \07 -17 \SR -178 Morning Drive Admin.docx
$25,452,051.50
$27,591,117.62
Griffith Company in the amount of $29,388,110.05
1128 Carrier Parkway Ave.
Bakersfield, California 93307 (County)
C.A. Rasmussen Inc. in the amount of $30,809,314.50
28548 Livingston Ave.
Valencia, CA
Staff recommends awarding the construction contract to Granite Construction Company, Inc.
in the amount of $25,452,051.50. This contract is 88.53 % federally funded with an 11.47% local
match requirement. Adequate funds have been previously budgeted to award this contract.
Subject 2: During the design of the interchange, East Niles Community Service District (ENCSD)
approached the City and requested that a waterline be installed in the Morning Drive Bridge
during construction. ENCSD had their engineer design the waterline and the plans were
incorporated into the interchange plans. During review, the California Department of
Transportation (Caltrans) approved the waterline plans and allowed the waterline to be
constructed and permanently stay within their right -of -way limits. Because the waterline plans
are in the City's plans and will be constructed within the bridge, it makes sense to have the
City's Contractor construct the waterline with the project. ENCSD understands that they will
be responsible for all costs associated with building this waterline and will reimburse the City for
all items invoiced by the Contractor that are associated with the waterline.
Staff recommends approving this Reimbursement Agreement with ENCSD.
Subject 3: TYLin International is currently under contract to provide engineering design services
for the SR -178 and Morning Drive Interchange Project. Phase 1 of the scope of work included
the design of the project and Phase 2 included design services during construction. Phase 1
was complete when the project bids were opened on June 25, 2013. With the award of the
construction contract, TYLin will now begin Phase 2 work, which is to provide engineering
support during construction to the Contractor, Granite Construction, and the Construction
Management firm, Mendoza.
This Amendment was identified in the original Agreement with TYLin and staff recommends
approval of this Amendment. This Amendment is 88.53 % federally funded with an 11.47%
local match requirement. Adequate funds have been previously budgeted to fund this
amendment.
Subject 4: Lastly, Public Works TRIP staff issued a Request for Qualifications /Request for
Proposals (RFQ /RFP) for construction management services for the SR -178 /Morning Drive
Interchange, the Westside Parkway Phase 6C, and the SR -58 Gap Closure Projects.
The following seven firms responded to this RFP:
AECOM (Bakersfield, CA)
Caltrop (Fresno, CA)
Harris and Associates (Irvine, CA)
Mendoza and Associates (Fresno, CA)
MNS Engineering (Santa Barbara, CA)
KPB:G: \GROUPDAT \ADMINRPT \2013 \07 -17 \SR -178 Morning Drive Admin.docx
Nolte and Associates (Bakersfield, CA)
Parsons Brinkerhoff (Los Angeles, CA
Based on a review of their proposals, the selection committee invited the following firms to
interview with the committee: AECOM, Caltrop, Mendoza and Associates, Nolte and
Associates, and Parsons Brinkerhoff.
Based on the rankings of the proposals and the interviews, Mendoza and Associates were
selected as the most qualified to provide construction management services for the SR -178
and Morning Drive Interchange Project. In accordance with federal procurement procedures
for these types of services, after Mendoza was selected, their cost for providing these services
was then negotiated by Public Works TRIP staff. This proposed Agreement, as well as
Mendoza's accounting procedures, were both audited /reviewed by Caltrans and were found
to be acceptable.
Staff recommends approval of this Agreement. This Agreement is 88.53% federally funded with
an 11.47% local match requirement. Adequate funds have been previously budgeted for
these construction management services.
There is no General Fund impact associated with the SR 178 and Morning Drive Interchange
Project.
Due to the voluminous nature of the exhibits and attachments to the Construction Management
Agreement, these exhibits and attachments are on file with the City Clerk's ice for review.
KPB:G: \GROUPDAT \ADMINRPT \2013 \07 -17 \SR -178 Morning Drive Admin.docx
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 1?. KK
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: July 1, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Cen -Cal Construction ($107,938.75)
for Street Improvements: Coffee Road at Goesling Avenue (Ward 3).
RECOMMENDATION:Staff recommends acceptance of low bid and approval of
contract.
BACKGROUND: An undeveloped portion of Coffee Road, at Goesling Avenue,
restricted northbound traffic flow between two fully developed street sections. This
project, located near the intersection of Coffee Road and Norris Road, will improve
traffic flow in and through this area. The Engineer's Estimate for this construction
contract was $126,435. There are sufficient funds available for award of this contract.
On June 13, 2013, a total of two bids were received; both of those bids are acceptable.
Those bids are as follows:
Cen -Cal Construction
10112 Revere Beach Drive
Bakersfield, CA 93314 (City)
Granite Construction
3005 James Road
Bakersfield, CA 93308 (County)
in the amount of $107,938.75
in the amount of $111,115.00
This project is entirely funded with Transportation Development funds. Therefore, there is
no General Fund impact associated with this agreement.
PW /Design Engineering /jaf -T1 K216
7/8/2013 10:00 AM
G: \GROUPDAT\ADMINRPT \2013 \07- 17Wdmin_ Award T1K216 Street Improvements Coffee Rd at Goesling Ave.docx
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 2.1%*
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: July 1, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
X I/ -
SUBJECT: Accept bid and approve contract to Security Paving Company ($1,713,230.92)
for Pavement Rehabilitation 2013 Phase 1 - Beale Avenue from Monterey Street
to Pearl Street (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: This project consists of a full depth reconstruction of the existing pavement
structural section, installation of pavement markings and striping, and installation of traffic
detector loops and median nose modifications. This project is 88.53% federally funded through
the Regional Surface Transportation Program (RSTP) and 11.47% locally funded through Gas
Tax funds. The Engineer's Estimate for the project is $1,720,000. There are sufficient funds
available for award of this contract.
On June 25, 2013, a total of five bids were received; four of those bids are acceptable. The
unacceptable bid was deemed nonresponsive because the bidder did not submit a
completed subcontractors' list within the allotted time. The acceptable bids are as follows:
Security Paving Company
13170 Telfair Avenue
Sylmar, CA 91342 in the amount of $1,713,230.92
Granite Construction Company
3005 James Road
Bakersfield, CA 93308 (County) in the amount of $1,737,317.00
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, CA 93308 (County) in the amount of $1,748,500.00
Bowman Asphalt, Inc.
3351 Fairhaven Drive
Bakersfield, CA 93308 (County) in the amount of $1,750,750.00
There is no General Fund impact associated with this project.
PW /Design Engineering /NSG/T3K205
7/2/2013 9:33 AM
G: \GROUPDATIADMINRPT\2013\07 -17 \Pavement Rehabilitation 2013 Phase 1 -Beale Avenue.docx
9 A
v d
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 2. rye m.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
July 1, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY'n"
CITY MANAGER
Reject all bids for the Mill Creek Linear Park Sister City Gardens Phase B -Theme
Gardens (Ward 2).
RECOMMENDATION: Staff recommends rejecting all bids.
BACKGROUND: On June 11, 2013, the City of Bakersfield received one bid for the above
referenced project. However, that bid was significantly higher than the engineer's estimate
and the project's budget. Therefore, staff recommends the rejection of bids.
In order to complete the Sister City Gardens Phase B project, the City will act as the General
Contractor. Improvements will be completed by a combination of city forces, annual
contractors, and subcontractors for the fabrication and installation of features.
PW /Design Engineering /NSG /POC120
7/2/2013 8:59 AM
G: \GROUPDAT\ADMINRPT\2013 \07 -17 \Mill Creek Linear Park- Sister City Gardens Phase B -Theme Gardens.docx
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: n
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: July 2, 2013
DEPARTMENT HEAD
APPROVED
1.
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Kern Steel Fabrication, Inc. ($120,411.83)
for Sister City Gardens Phase B- Fabrication of India Gazebo, Seating Trellis and
Garden Plaques (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: The scope of this contract consists of fabrication and delivery of the India
Gazebo, Seating Trellis, Garden Plaques and Mexico Trellis, which are unique features in the
overall construction of Sister City Gardens Phase B. The engineer's estimate for this work is
$106,000. The sole bid that was received is higher than the engineer's estimate; however, the
design features and fabrication work are unique and very detailed. Since the City will act as
the general contractor, overall savings on the project should be realized.
This project is funded with State Housing Park Related Program grant funds. There are sufficient
funds available for award of this contract. There is no General Fund impact associated with
this contract.
On July 2, 2013, one bid was received, which was acceptable. That acceptable bid is as follows:
Kern Steel Fabrication, Inc.
627 Williams Street
Bakersfield, CA 93305
in the amount of $120,411.83
PW /Design Engineering /NSG /POC120
7/8/2013 1:09 PM
G:\GROUPDAT\ADMINRPT\2013 \07 -17 \Sister City Gardens Phase B- Fabrication of India Gazebo & Steel Structures.docx
A
U p
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGEND SECTION: Consent Calendar
ITEM: .00.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: July 1, 2013
APPROVED
DEPARTMENT HEAD j1(
CITY ATTORNEY
K�
CITY MANAGER__
SUBJECT: Accept bid and approve contract to Rudnick Fence Company ($95,675.00) for
Sister City Gardens Phase B- Rolling Gate and Fencing (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: This project consists of installing fencing at three separate locations on the
Sister City Gardens Phase B site. One fence will be a rolling gate with fabric to secure the alley
way and the other two are perimeter fences for the India and Mexico Sister Cities. The
Engineer's Estimate for the project is $75,500. The sole bid that was received is higher than the
engineer's estimate; however, the design features for the rolling gate and fencing are unique
and very detailed. Since the City will act as the general contractor, overall savings on the
project should be realized.
This project is funded with State Housing Park Related Program grant funds. There are sufficient
funds available for award of this contract. There is no General Fund impact associated with
this project.
On June 27, 2013, a total of two bids were received; one of those bids was acceptable. That
acceptable bid is as follows:
Rudnick Fence Company
2810 Case Street
Bakersfield, CA 93308 (County) in the amount of $95,675.00
The unacceptable bid was not opened because the bidder failed to acknowledge receipt of
Addendum # 1.
PW /Design Engineering /NSG /POC120
7/6/2013 1:19 PM
G: \GROUPDAT\ADMINRPT\2013 \07 -17 \Sister City Gardens Phase Moiling Gate.docx
AI{
ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
May 23, 2013
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Accept proposal and approve agreement with Gail Gray & Associates of $88,135
to install and configure CaseWare software for CAFR and Budget reporting.
RECOMMENDATION: Staff recommends acceptance of proposal and approval of agreement.
BACKGROUND: Proposals were solicited by the Finance Department from four vendors based
on their experience with the Comprehensive Annual Financial Report (CAFR) and Budget
document preparation.
Two proposals were received in response to the RFP. CAFR Online submitted a proposal but
the software lacked the necessary capabilities as defined by the RFP and was rejected. A
proposal was also received by Gail Gray & Associates, CPAs for a product called CaseWare,
which did meet the requirements for preparing both a CAFR and Budget document.
The software will improve the preparation of the Finance and City Manager departments'
annual reports (CAFR and Budget). Currently these reports are compiled with MS Office
products that require linking data from a number of different sources often requiring manual
entries and multiple corrections. CaseWare will create a single document in which all
adjustments and corrections flow through to related pages immediately. In addition all data
from the City's financial systems will be linked to the CaseWare reports so once imported, all
financial reports will be populated with the correct numbers, further reducing manual entries. It
is expected that once implemented, the time preparing the reports will be reduced
dramatically. The package also includes a robust work paper management database that
allows all supporting documentation to be stored and accessed easily which will assist in the
annual audit process.
Gail Gray & Associates is the primary partner of CaseWare responsible for installation and
training in municipalities with over ten years' experience.
Staff finds the proposal submitted by Gail Gray & Associates CPAs to be acceptable and
recommends approval of the contract in the amount of $88,135. Funds are budgeted in the
Capital Outlay Fund to acquire this software product.
DH /ITD
May 23, 2013
O�BAKE
xCORFOR,T��S�
� ADMINISTRATIVE REPORT
I0
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: 8
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Greg Williamson, Chief of Police
July 5, 2013
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY*
CITY MANAGER
CAL -EMA Grant Appropriation for the Bakersfield Police Department:
Appropriate $147,790 State Grant Revenues (from the California Emergency
Management Agency) to the General Fund Police Operating Budget, for
the Children Exposed to Domestic Violence Specialized Response Program.
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
On April 17, 2013 the Bakersfield City Council established agreements with the Alliance Against
Family Violence and Sexual Assault ( AAFVSA), and the Kern County Department of Human
Services Child Protection (CPS), as a condition to receiving a grant award from the California
Emergency Management Agency (CalEMA), for the Children Exposed to Domestic Violence
Specialized Response Program (EV Program).
The grant was awarded on May 23, 2013 and includes an annual allocation of $147,790 for each
year of a three -year fund cycle, with the first year beginning January 1, 2013, and endin g
December 31, 2013. Funding for the first year will be distributed as follows:
AAFVSA will receive up to $105,987 in reimbursement for services provided under this grant
including response to victims, and BPD, specifically the Investigations Division's Child Abuse /
Sexual Assault Unit (CASA), will receive up to $38,248 in over -time pay and $3,555 ill training. For
the first year, CPS has requested no funding, but only to formalize their participation through the
operational agreement.
The objective of the EV Program is to build a multi - disciplinary team to respond to the needs of
children exposed to domestic violence, which will be named Children Exposed to Domestic
Violence Intervention Collaboration ( CEDVIC). Specifically CEDVIC will:
• Reduce children's exposure and trauma resulting from domestic violence.
Page 1 of 2
O�BAKEf�
y,L00.POF�TfpRV
e
LIFO
ADMINISTRATIVE REPORT
• Provide funding to AAFVSA for 24 -hour, year round, immediate response to victims and
children exposed to domestic violence.
• Provide specialized cross training for all members of CEDVIC to respond to and effectively
investigate cases of domestic violence and provide improved effective early intervention
services for victims and children exposed to domestic violence.
• Provide quality investigations for the Kern County District Attorney's Office in order to
increase the number of the domestic violence cases filed for prosecution.
• Provide a single location for members of CEDVIC to meet for the purposes of case
debriefings, training, and planning.
db
Page 2 of 2
(V ADMINISTRATIVE REPORT
MEETING DATE: July 17, 2013 AGENDA SECTION: Consent Calendar
ITEM: V. rr.
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director
DEPARTMENT HEAD pin
DATE: July 11, 2013
CITY ATTORNEY
CITY MANAGER
SUBJECT: Department of Housing & Urban Development (HUD) Action Plan Amendments,
(All Wards):
1. FY 2013 -14 Action Plan Amendment 1 (Total fiscal impact +$568,564).
2. FY 2012 -13 Action Plan Amendment 5 (No fiscal impact, change to
project description only).
RECOMMENDATION:
Staff recommends approval of the amendments.
BACKGROUND:
The City receives funding annually from HUD as an entitlement community through the City's
Action Plan, which describes all HUD - funded City projects and sets aside funding for Section
108 loan payments for a particular fiscal year. The process by which significant changes are
made to the Action Plan is termed by HUD to be a Substantial Amendment. Staff is
recommending Substantial Amendments to the City's FYI 2/13 and FYI 3/14 Action Plans.
FY 2013 -14 Action Plan Amendment 1
The City Council approved the FYI 3/14 Action Plan on April 17, 2013. However, at that time,
the City had not yet received its final budget numbers from HUD, instead projecting a 10
percent budget reduction due to federal sequestration. The City has since received the final
FY13 -14 allocation from HUD for the Community Development Block Grant (CDBG), HOME
Improvement Partnership (HOME), and Emergency Solutions Grant (ESG) programs as
depicted in the following table:
S: \Dana\ADMINS\2013\JULY \7 -17- Action Plan Amendments.Docx
7/11/2013 9:00 AM
rab
ADMINISTRATIVE REPORT
Page 2
Program
Projected Entitlement
Actual Entitlement
Difference
CDBG
$2,706,993
$3,206,980
+$499,987
HOME
$924,293
$1,009,944
+$85,651
ESG
236,500
$219,426
1 -$17,074
TOTAL
1 $3,867,786
$4,436,350
1 +$568,564
As a result of the final allocations, the City has additional CDBG and HOME funds that need to
be allocated to activities, and ESG line items that need to be decreased through an Action
Plan Amendment. HUD has indicated that the City must approve a Substantial Amendment
to the Action Plan to allocate the above - reference funds by August 7, 2013, or risk losing such
funding.
A significant aspect of the Council- approved FY13 /14 Action Plan involved forgoing regular
street and sidewalk improvement programs in order to fund a "New Construction by CBDO"
activity that can be used to replace redevelopment funding denied by the State Department
of Finance (DOF) for the Park 20th Prop C housing project.
The proposed Action Plan amendment allocates the surplus of CDBG funds to curb, gutter,
sidewalk and street reconstruction projects in Wards 1 and 2. Likewise, the amendment
allocates funding to administrative programs, HOME new construction assistance, and HOME
CHDO set -aside as prescribed by HUD regulations. Regarding the lower- than - anticipated ESG
funding, staff proposes to decrease allocations to all ESG recipients proportionately.
The proposed FY 13/14 Action Plan Amendment 1 is reflected in the following table:
S: \Dana\ADMINS\2013WULY \7 -17- Action Plan Amendments.dom
7/11/2013 9:01 AM
rab
Current
Revised Plan
Source
Program
Plan
Action
Amount
Amount
CDGB
East California Area Curb, Gutter, Sidewalk
and Reconstruction Install curb, gutter and
sidewalk prior to reconstructing and paving
Create
streets in an area generally bounded by E.
$0
( +$225,000)
$225,000
California Ave., Brundage Ln., Dr. Martin
Luther King, Jr. Blvd., and Union Ave.
Ward 1
CDBG
East Truxtun Avenue Area Curb, Gutter,
Sidewalk and Reconstruction Install curb,
gutter and sidewalk prior to reconstructing
$0
Create
$225,000
and paving streets in an area generally
( +$225,000)
bounded by E. Truxtun Ave., Baker St., E.
California Ave., and Williams St. Ward 2
CDBG
General Management Oversight and
Coordination Costs associated with overall
$542,799
Increase
$592,786
program management, coordination, &
( +$49,987)
monitoring of the CDBG program
Net CDBG
+$499,987
HOME
New Construction Assistance Housing
Development costs associated with the
$720,220*
Increase
$784,458*
acquisition and /or construction of
( +64,238)
affordable housing
S: \Dana\ADMINS\2013WULY \7 -17- Action Plan Amendments.dom
7/11/2013 9:01 AM
rab
ADMINISTRATIVE REPORT
Page 3
HOME
CHDO Set Aside Loans & grants to
develop, acquire, rehabilitate, and /or
construct affordable single or multi-
$138,644
Increase
$151,492
family housing to be implemented by a
( +$12,848)
Community Housing Development
Organization CHDO
HOME
Home Administration /Planning Costs
Increase
Costs related to overall management
$95,492
( +$8,565)
$103,994
and coordination of the HOME program
Net HOME
+$85,651
ESG
ESG Program Administration Cost
Decrease
related to overall management and
$17,738
(-$1,281)
$16,457
coordination of the ESG program
ESG
ESG13 Outreach Street Outreach to be
$18, 450
Decrease
$17,128
provided b Flood Bakersfield Ministries
(-$1,322)
ESG
ESG13 Shelter Emergency Shelter
Activities to be provided by the
Decrease
Bakersfield Homeless Center, Bakersfield
$123,450
(- $8'922)
$114,528
Rescue Mission, and Alliance Against
Family Violence and Sexual Assault
ESG
ESG13 Rapid Re- Housing Activities to
assist households which are recently
$76,862
Decrease
$71,313
homeless to re- establish permanent
(- $5,549)
housing for the households
Net ESG
- $17,074
TOTAL FISCAL IMPACT
+$568,564
*Includes $50,000 Direct Project Delivery
FY 2012 -13 Action Plan Amendment 5
Additionally, staff proposes minor changes to the project description for the Arts Alive District
Streetscape Improvements as part of the FYI 2-13 Action Plan to more accurately describe the
project as required by HUD. The following depicts the Change of Scope to that project
description (strikethrough text is deleted, italicized text is added):
Arts Alive District Streetscape Improvements Streetscape improvements to -essis
in the Downtown Bakersfield Arts Alive District,
generally bounded by 21st St., Chester Ave., 17th St., and F St.
The Amendment proposes only a change in project description, and no change in funding for
this activity is proposed.
Public Notice
In accordance with HUD regulations and the City of Bakersfield's Citizen Participation Plan, a
30 -day Public Notice for the aforementioned amendments to solicit public input was
published on June 18, 2013. No comments have been received to date.
S:\Dana\ADMINS\20131.1ULY \7 -17- Action Plan Amendments.docx
7/1112013 9:01 AM
rab
MEETING DATE: July 17, 2013 AGENDA SECTION: Successor Agency
ITEM: 7 .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
July 2, 2013
APPROVED
DEPARTMENT HEAD___
CITY ATTORNEY A �
CITY MANAGER
Receive and file successor agency payments from June 14, 2013 to
July 2, 2013 in the amount of $23,973.47
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim G\ADMIN -- SA \COUNCIL- ADMIN- SA- 2014\ADMIN —SA 07- 17- 13.doc 1
MEETING DATE: July 17, 2013 AGENDA SECTION: Hearings
ITEM: 10.CL.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 1, 2013 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider Resolution approving and adopting an adjustment to
the Street Cut Workmanship and Performance Warranty Fee (fee proposed to
increase from $20.66 per lane -foot to $21.63 per lane -foot; 4.7% increase)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Bakersfield Municipal Code Section 12.16.150 requires that all permits issued
under the requirements of this Section be charged a nonrefundable workmanship and
performance warranty fee to the City. All payment warranty fees received are expended solely
for the purpose of maintaining the workmanship and performance of City streets.
Staff proposes that the base fee be increased from $20.66 per lane -foot to $21.63 per lane -foot
(this is the cost per foot for the City to pave a 12 -foot wide lane).
The Workmanship and Performance Warranty Fee first became effective November 21, 1997 and
was last amended November 5, 2008 (Resolution 188 -08). In accordance with Bakersfield
Municipal Code Section 12.16.150, the Street Cut Workmanship and Performance Warranty Fee
shall be adjusted annually by the Annual Construction Cost Index (Los Angeles), as published by
Engineering News Record, McGraw -Hill Companies. Since November 2008, the applicable
Construction Cost Index has increased by 4.7 %. The fee has not been increased since 2008
because of the economic downturn. The ordinance also allows this fee to be annually adjusted
to account for changes in cost estimates for recent City resurfacing projects, and any other items
which would change or add to the component items in the fee. The proposed increase is based
solely upon the ENR Annual Construction Cost Index.
If approved, the adjusted fee would become effective on August 18, 2013. The Street Cut
Workmanship and Performance Warranty is not a development fee.
PS
G: \GROUPDAT \ADMINRPT \2013 \07- 17 \Admin - Street Cut Workmanship & Performance Warranty Fee.docx
MEETING DATE: July 17, 2013 AGENDA SECTION: Hearings
ITEM: to.
TO: Honorable Mayor and City Council APPROVED
FROM: Douglas N. Mclsaac, Community Development Director DEPARTMENT HEAD
CITY ATTORNEY
DATE: June 25, 2013 CITY MANAGER
SUBJECT: General Plan Amendment /Zone Change 12 -0464, appealed (Ward 4)
McIntosh & Associates, representing Black Ops Real Estate IV, LLC, the property owner,
has applied for a Land Use Element amendment, a Kern River Plan Element
amendment and zone change on 10.8 net acres located at the southwest corner of
River Run Boulevard and Elkhorn Creek Lane. An appeal of the Planning Commission's
decision to deny the proposal was submitted by McIntosh & Associates.
Resolution denying the appeal and denying the general plan amendment,
changing the land use designation from LR (Low Density Residential) to LMR (Low
Medium Density Residential) and the Kern River Plan designation from Map Code
5.35 (maximum 7.26 dwelling units /acre) to 5.3 (maximum 10 dwelling units /acre)
on 10.8 acres.
2. Resolution denying the amendment to the Official Zoning Map in Title 17 of the
Bakersfield Municipal Code by changing the zone district from R-1 (One Family
Dwelling) to PUD (Planned Unit Development) on 10.8 acres.
RECOMMENDATION:
Staff recommends adoption of resolutions denying the appeal and upholding the Planning
Commission's denial of the proposed general plan amendment, Kern River Plan amendment and
zone change.
BACKGROUND:
The applicant is proposing to change the land use designation from LR (Low Density Residential - 7.26
dwelling units /net acre) to LMR (Low Medium Density Residential), which allows a maximum of 10
dwelling units /net acre. The project site is within the Kern River Plan Element (KRPE) area, therefore
the request also includes amending the KRPE land use designation from Map Code 5.35 (maximum
7.26 dwelling units /acre) to 5.3 (maximum 10 dwelling units /acre).
A Planned Unit Development (PUD) zone is proposed to allow for the development of a 100 -unit
condominium project. The preliminary development plan includes 25 residential buildings containing
a total of 50 two - bedroom, two -bath units and 50 three - bedroom, three -bath units. Each building
contains four units consisting of two one -story, two - bedroom units and two two -story, three - bedroom
units. The two - bedroom units range in size from 1,100 to 1,250 square feet and the three - bedroom
ADMINISTRATIVE REPORT Page
units range in size from 1,290 to 1,500 square feet. Each unit would have a two -car garage. The
development would also include a 2,500- square foot community building with a kitchen, office and
restrooms, and adjacent is a swimming pool with outdoor BBQ and fireplace features. Three
landscaped recreational areas are proposed, two of which include children's play areas, and
landscaped areas are proposed along the interior perimeter of the site. Six -foot high masonry walls
are proposed along the site's River Run Boulevard and Elkhorn Creek Lane frontages, and along the
western property boundary that borders the existing drainage sump. Vehicular access is proposed
through a single gated entrance from River Run Boulevard (Collector) and emergency access is
proposed from Elkhorn Creek Lane (Local). The proposed project's housing density would be 9.2
dwelling units /net acre, which is consistent with the proposed LMR and 5.3 land use designations.
Since the request includes a land use amendment to the KRPE, which is jointly adopted by both the
City and County, the plan requires that notification be sent to the Kern County Board of Supervisors
for comment and recommendation (if any) for consideration by the City Council. Notice was sent to
the Kern County Planning and Community Development Department on April 29, 2013 for Board
consideration. The Kern County Board of Supervisors reviewed this project for consistency with the
KRPE on June 18, 2013, but no recommendation was made and they continued the item to their July
16, 2013 meeting.
The project site is one of two remaining vacant parcels in the immediate area east of South Allen
Road (the other is at the southeast corner of Ming and South Allen Road currently zoned C -2). All
lands surrounding the project site are developed with single - family homes. A drainage sump borders
the western boundary of the project site and the Kern River Canal borders the southern boundary.
Property immediately to the south /southeast of the Kern River Canal is zoned R -2, but developed with
small lot detached single - family homes within a gated community. The existing housing density in the
area varies from a low of 3.5 dwelling units per net acre (neighborhoods north and east of the site) to
a high of 7.5 dwelling units per net acre (the R -2 zoned neighborhood to the south between the Kern
River Canal and Ming Avenue). The net densities are specifically identified as follows:
• Tract 5999 (south of River Run/ east of Elkhorn Creek):
5.0 du /ac
• Tract 5957 (north and east of River Run and Elkhorn Creek:
3.5 du /ac
• Tract 6034 (north and west of River Run and Calaveras Park Dr.):
4.3 du /ac
• Tract 6032 (north and west of River Run and Sugar Leaf):
4.4 du /ac
• Tract 6043 (south and east of the Kern River Canal and site):
7.5 du /ac
Staff recommended approval of the project to the Planning Commission based on the project's
design, architectural features, resident amenities, and consistency with the Metropolitan Bakersfield
General Plan and Kern River Plan Element policies. Staff found the project met infill policies, was
proximate to appropriate urban services, maintained the residential character of the area, and
protected the scenic qualities of the Kern River.
Staff received a significant amount of phone calls, emails and letters (approximately 115) all in
opposition to the project prior to the June 6, 2013 Planning Commission meeting. A petition was also
received in opposition to the proposal that included 788 signatures representing 623 homes. All
correspondence and the petition were provided to the Planning Commissioners.
Several individuals spoke in opposition to the proposal at the Planning Commission meeting identified
as follows: Amy Johnson Barks, 1315 Calaveras Park Drive; Radhika Madireddy, 12523 Crystal Cove
ADMINISTRATIVE REPORT
Page 3
Avenue; Holly Shelton, 1312 Elkhorn Creek Lane; Dan Spiva, 12016 Sandy River Court; Gayle Hui,
11903 Sturgeon Creek Drive; Dan Brito, 1314 Calaveras Park Drive; Matthew Deals, Woodson Bridge
Drive; Michael Fitzgerald, 11203 Roaring River Avenue; Octavio Lindo, 1316 Elkhorn Creek; Melissa
Umari, 1000 Amber Park Avenue; Carly Machado, 12309 Arbor Park Place; Ray Shabandarian, 813
Astoria Park Drive; Wayne Clausen, 12304 Arbor Park Way; Colin Smith, 12109 Riverfront Park Drive;
Anthony Tobin, 12008 Sandy River; Kathleen Collins, Tom & Sandy Ryan, 12311 Wildwood Park Drive;
Scott Barks, 1315 Calaveras Park Drive; Jacob Stuebbe, 12014 Roaring River; Cindy Keene, 12601
Monterey Beach; Ron Erickson; Richard Andrews, 12019 Riverfront Park Drive; Darin Lamb, 1807
Celtic Court; Tom Maucha, Sprague River Lane; Jim Pappe, 12418 Woodson Bridge Drive; Paula
Murphy, 11901 Roaring River Avenue; Diane Sincoff, 12702 Monterey Beach Drive; Lauri Heffernan,
12710 Monterey Beach Drive; Erin Stikes, 12605 Monterey Beach Drive; and Pacheco Lindo.
Due to the number of speakers and length of testimony, the comments presented by the residents
have been summarized below:
Neighborhood Compatibility:
• The project is incompatible and inconsistent with the general plan for the area in that it
proposes a different type of housing product than currently exists within the neighborhood
and is therefore not compatible with the scale and character of the surrounding
neighborhood. The development proposes buildings with four attached units per building in
a condominium design that does not exist anywhere in the area, and none of the units are
detached single - family homes that resemble what currently exist in the area.
• Residents purchased their homes because felt they were getting a unique single - family
neighborhood and the change to higher density housing is not an appropriate for the area.
• There is nothing similar to the proposed condominium project within the surrounding area.
• The R -2 zoned and gated community to the south consists of detached single - family homes,
which is not comparable to the proposed project.
• There is not a demand for this type of housing due to high vacancy rates in the existing
multiple- family developments.
• A significant area zoned for multiple - family developments already exists in the West Ming
Specific Plan area to the west across South Allen Road. Therefore, there is no need for
higher density housing at this location.
• Residents were told that the vacant lot was going to be developed either with an
elementary school or as single - family housing. Having the assurance that the vacant lot was
zoned for single - family housing (R -1) was vital to their decision to purchase their homes.
• The Kern River Plan Element policies state that the minimum lot size in the proposed 5.3
designation is 4,350 square feet and a condominium map only creates three - dimensional air
space lots, not a physical lot that meets this minimum.
• General plan policies state that the existing neighborhood character be retained when
analyzing infill projects. The proposal is a significant departure from what exists in the area
and will adversely affect the existing neighborhood character.
Traffic:
• Residents stated a Traffic Study should be required. They do not agree with the traffic analysis
prepared for the project that the increase in traffic is insignificant.
ADMINISTRATIVE REPORT Page
• Access into and out of the proposed project would be from River Run Boulevard at a point
where the roadway curves creating an unsafe sightline condition that will increase the
likelihood of accidents.
• River Run Boulevard is a school bus route and residents were concerned for the safety of
school children being picked up and dropped off due to the increase in traffic by the project.
• There is a need for a signal at the intersection of Ming Avenue and River Run Boulevard.
• There was an inconsistency of figures on Table 2 of the traffic analysis in the staff report that
affect the conclusions that there was no significant effect.
Cultural and Biological Resources:
A cultural resource was identified in the Archaeological Assessment prepared for the Buena
Vista /Kern River Ranch EIR, prepared in 1994 that covered the entire area between Buena Vista
Road, South Allen Road, Stockdale Highway and White Lane, which includes the project site. A
Phase II archaeological test evaluation in May 1997 was subsequently performed to further analyze
identified resources. The applicant provided a current cultural records search dated April 26, 2013
and a cultural resource investigation in May 2013, both of which stated that no cultural resources
were identified on the project site. The applicant also submitted a biological clearance survey
dated April 17, 2013 since San Joaquin kit fox dens are on the site and that kit fox were present.
However, some residents still questioned these studies:
• Disagreement with the findings that no cultural resource is present on the site.
• Additional study is needed to determine how the cultural resource should be handled.
• San Joaquin kit foxes live on the project site.
• Concerns that the current habitat conservation plan expires in 2014 and how will this affect
the kit fox on the property.
• The site should be protected as a wildlife corridor.
The applicant, Roger McIntosh, spoke in favor of the project. His comments are summarized below:
• Agreed that project is supported by the General Plan Land Use and Kern River Plan Element
policies identified by staff in the staff report.
• The PUD provides a well planned development that incorporates architectural design features
that will make the project compatible with the surrounding area. The project will have
covenants and restrictions (CC &R's) recorded as part of a condominium map ensuring that it
will be maintained to a high standard of living for the residents and neighbors.
• The traffic analysis is appropriate and accurate for the proposal. The traffic analysis shows the
project will generate 60 PM peak hour trip ends, which is 33 PM peak hour end trips less than
what would be generated if developed with detached single - family homes as presently
zoned and below the 50 PM peak hour trip ends increase that would have triggered a traffic
study.
• Mitigation has been included in the project that covers cultural and biological impacts
consistent with local, state and federal standards. The developer agrees to comply with all
mitigation measures, including having both tribal and professional archeological oversight
during grading, and satisfying all protocols of the City's habitat management plan and the
CA Fish and Wildlife Department.
• The project meets or exceeds all development standards by the City.
ADMINISTRATIVE REPORT
Page 5
Because there were a number of differing statements and opinions, Commissioners asked for
clarification to some of these issues:
Commissioner Wade asked staff if the traffic analysis had been reviewed and if staff agrees
with the analysis. Ryan Starbuck, City Traffic Engineer, confirmed that he had reviewed and
agrees with the traffic analysis. There was a typographical error in the staff report for the AADT
(Average Daily Trips) count which created some confusion as a number was carried over
incorrectly from the actual traffic analysis (Table B) for the AADT, but it did not affect the
conclusions. In order to trigger a traffic study, the study would need to show an increase of 50
PM peak hour trips over what could be developed under current zoning. The project's PM
peak hour trips are under the 50 PM peak hour threshold, therefore a traffic study was not
warranted.
Commissioner Wade asked staff to explain why there was a difference between staff's density
calculation and the public's calculation. Jim Eggert, Planning Director, responded that the 12
acres was based on the legal description, which included the street rights -of -way, therefore
the gross acreage of the project was reported. However, density under the general plan is
based on net acreage so the calculated density in the staff report was incorrect. Taking out
the road rights -of -way, the net acreage is actually 10.8 acres. The staff report stated that 86
units could be constructed under the current land use but that number should be reduced to
78 units (8 less than stated). Therefore, the project density would be 9.2 units /net acre instead
of the 8.3 units /acre specified in the staff report. The corrected housing density is still consistent
with the proposed land use designations and the new figure did not change staff's findings or
recommendation.
Commission Wade asked the applicant to respond to the statement that the development is
not needed because there is existing high density residential lands available to the west. Mr.
McIntosh responded that he was involved in the planning and development of the West Ming
project to the west and that most of the R -2 zoning is intended for small -lot single - family
development. However development is not anticipated to occur for a number of years since
there is no infrastructure in place and development of that area is premature. It is preferred to
develop infill properties before moving out into the undeveloped areas.
• Commissioner Batey asked for clarification of the line of sight issue. Mr. Starbuck explained that
the project will require a 450 foot line of sight setback from the project's entrance and at
Elkhorn Creek Lane. The location of the proposed wall and other design improvements
affected by the line of sight meets the city's minimum requirements at these intersections.
Commissioner Kirschenmann asked for an update on upcoming multiple - family developments
in the city. Mr. Eggert responded that there are two multiple - family projects currently under
construction, one along Gosford Road at just over 200 units and the other along Coffee Road
at approximately 130 units. There are two more projects that have been tentatively approved,
which may begin construction next year. There has been an upward trend towards multiple -
family developments as the overall housing recovers. Apparently market demand has
increased since not everyone is able to go back into single - family homes due to affordability
and difficulty in getting loans.
ADMINISTRATIVE REPORT Page 6
• Commissioner Kirschenmann asked for clarification on the project's parking. Mr. McIntosh
pointed out the parking areas on the site plan. There are ten parking stalls in front of the
recreation center and each housing cluster has two parking spaces in addition to each unit
having a two -car garage. Therefore, the 100 units each have two car garages for a total of
200 parking spaces and there is an additional 60 spaces throughout the complex for guest
parking.
The Planning Commission conducted a public hearing on this general plan amendment /zone
change on June 6, 2013, and recommended denial to the City Council. The Commissioners
concluded that this is a good project that they would like to see developed; however, they
concurred with the incompatibility issues raised by the neighborhood residents and their
overwhelming objection to the project. Commissioners noted that no one other than the applicant
supported the project. Commissioners Kirschenmann, Lomas, Strong, and Batey voted in favor of the
motion to deny the project; Commissioner Wade voted against denial, Commissioner Dodgin
rescinded from voting stating a conflict, and Commissioner Tkac was absent.
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 May 10,
2013, in accordance with CEQA.
Since the amount of correspondence received by the Planning Commission was substantial, all of
the written comments have been provided on a compact disk (CD), which is included with this
administrative report. In addition, included on the CD is information submitted by Michael Fitzgerald,
a neighborhood resident, along with a response memo from Staff.
DL \S: \GPAs \GPA 3rd 2013\ 1 2-0464\Admin SR \CC GPA -ZC Deny.doc
07/17/13 City. Council Meeting
MEETING DATE: July 17, 2013 AGENDA SECTION: Hearings ITEM: 10-a.
TO: Honorable Mayor and City Council APPROVED
DEPARTMENT HEAD Z==
FROM: Douglas N. Mclsaac, Community Development Director CITY ATTORNEY_
DATE: June 19, 2013 CITY MANAGER
SUBJECT: General Plan Amendment /Zone Change 13 -0136 (Ward 3 upon Annexation)
McIntosh & Associates, representing Kern Land Partners, LLC, the property owner,
has applied for a general plan amendment and zone change on 77 acres
located at the southeast corner of Seventh Standard Road and Calloway Drive.
An appeal of the Planning Commission's decision to recommend approval was
submitted by Clayton Camp, a neighboring property owner.
Resolution adopting a Negative Declaration.
2. Resolution denying the appeal and approving the general plan
amendment changing the land use designation from SR (Suburban
Residential) and ER (Estate Residential) to LR (Low Density Residential) on 77
acres.
3. First reading of ordinance denying the appeal and amending the Official
Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the
zone district from A (Agriculture) to R -1 (One Family Dwelling) on 77 acres.
RECOMMENDATION:
Staff recommends adoption of resolutions and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of approximately 280 single - family dwellings on
the 77 -acre project site. The existing Estate and Suburban general plan land use designations
allow for approximately 200 single - family units. The proposal requires annexation of the site into
the City of Bakersfield. The current city limits are contiguous to the project site on the east and
west side, however, not to the south. Unless there is agreement among property owners to the
south to also annex into the City, there is the potential that a County island may be created. It
should be noted 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 is relatively flat and includes two houses and agricultural land. Existing
developments surrounding the project site include ranch -style residences to the north and
ADMINISTRATIVE REPORT Page 2
south, single - family residential to the southwest and agricultural areas which are planned for
residential development to the southeast. Planned commercial uses are located both directly
east and west of the project site. There is also additional commercial use at the intersection of
Coffee Road and Seventh Standard Road, which is known as the Saco Ranch project.
At the time development occurs, the property will be under the City's policy for "Complete
Streets," which requires that all transportation facilities for bicyclists, pedestrians, transit and
motorists be considered. In addition, under standards jointly adopted by the City of Bakersfield,
the County of Kern and the City of Shafter, Seventh Standard Road will be developed with a 30-
foot landscaped parkway behind the standard sidewalks.
As an Expressway, no direct access will be allowed to Seventh Standard Road from the project
site; however, both Calloway Drive and Quail Creek Road (east end of the site) will be
signalized intersections when fully developed. Primary vehicle, bicycle and pedestrian access
to the site will be via Calloway Drive (Arterial) on the west and Quail Creek Road (Collector) on
the east side of the project site. All sidewalks and pedestrian access throughout the
development will be required in accordance with City standards. There are currently no GET
bus routes that run along the project site. In northwest Bakersfield, current GET bus routes do not
travel north of Olive Drive.
The City's Bikeway Master Plan identifies Seventh Standard Road as a Class 3 facility (bike route
with posted signs, no marked lanes). Along the project site bike lanes or routes do not exist on
Calloway Drive. According to the City's Bikeway Master Plan, Calloway Drive is planned for
Class 2 bike lanes to the south, starting at Snow Road. The Traffic Engineer will evaluate if bike
lane striping should be installed or 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).
Both the existing and proposed land uses allows for the development of single - family residential
homes. However, the proposed project increases the density to what is more typical of City
development. The increased residential density is compatible with the surrounding urban
commercial and residential uses. The Metropolitan Bakersfield General Plan encourages the
intensification of land use that maintains continuity of existing development. The proposal
would support the planned commercial uses along Seventh Standard Road at the Calloway
Drive and Coffee Road intersections.
The higher density residential will also act as a buffer to separate Seventh Standard Road from
the rural and estate uses to the south of the project site. The area along the south side of the
project site is developed with larger rural and estate single - family lots of two and one half (2'/2)
acres. Staff originally recommended a condition that the lots which abut the large lots be a
minimum of 10,000 square feet for a more compatible transition to increased densities further
north on the project site. At the Planning Commission hearing, the minimum lot size along the
southern boundary of the project site was increased to 18,000 square feet because of concerns
raised by neighbors not wanting city -sized lots backing up to their larger rural properties. The
applicant agreed to this modified condition.
To assist the Commission with considering requiring the larger lots along the south boundary of
the project site, examples were given by Staff where larger lot sizes were required to act as a
buffer between more rural and urban development or for neighborhood compatibility. There is
ADMINISTRATIVE REPORT
Page 3
a 10,000- square foot lot minimum on the south side of Snow Road between Allen Road and Old
Farm Road that was added by City Council to a general plan amendment in.2001 because of
similar concerns raised by neighbors to preserve the rural character of the neighborhood. Lot
size minimums were also increased that range from 14,000 square feet to 18,000 square feet in
the area north of Brimhall Road and east of Old Farm Road.
Increasing urban and higher density uses make sense along Seventh Standard Road which
serves as a major transportation corridor and entrance into the City of Bakersfield. The general
plan encourages higher housing densities along transportation corridors to help reduce vehicle
trips if adjacent to other commercial and potential employment areas.
The Planning Commission conducted a public hearing on this General Plan Amendment and
Zone Change on June 6, 2013, and recommended approval to the City Council. Commissioners
Lomas, Batey, Dodgin and Strong voted for approval, Commissioners Kirschenmann and Wade
voted "no" and Commissioner Tkac was absent. Two individuals present at the hearing
opposed the request, Mr. Clayton Camp and Mr. Stewart Fleeman. Both individuals were
concerned about the increase in density and stated it did not fit in with the rural character of
the neighborhood. They requested keeping the one -acre lot minimum under the current zoning
adjacent to their neighborhood.
The Commission was also concerned about leaving a gap of unimproved road on Calloway
Drive south of the project site, but no condition was added due to the concern that the
improvements would remain outside the City's jurisdiction. However, after reviewing previously
approved General Plan amendments with the same issue and finding that the City Council has
required similar gap improvements, Staff is recommending adding a condition that requires the
developer to complete the road improvements for the east side of Calloway Drive between the
south boundary of the GPA /ZC area and Etchart Road (adjacent to Tract 5222) to Arterial
standards.
An appeal of the General Plan Amendment and Zone Change was filed with the City Clerk on
June 17, 2013 by Mr. Clayton Camp. Mr. Camp is against allowing 18,000- square foot lots along
the property line to the south of the project, which would abut his and the other two and one
half (2' /z) acre lots. Mr. Camp wants to keep the semi -rural atmosphere of the neighborhood by
requiring one -acre lots adjacent to his subdivision, then one -half (' /Z) acre lots across the street,
and then allow the smaller city -sized lots north to Seventh Standard Road.
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 May 6, 2013, in accordance with CEQA.
CG: S: \GPAs \GPA 3rd 2013\ 1 3-0136\Admin SR \GPA -ZC Approval 1st Reading.docx
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 26, 2013
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:17 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Weir,
Councilmembers Maxwell, Sullivan,
Johnson
Absent: Councilmembers Smith, Hanson
2. INVOCATION by Councilmember Sullivan.
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.
Mayor Hall was joined by Councilmember Sullivan for
this presentation, and recognized the following
students and presented them with certificates:
First in Class recipients
• Nora Mansour - Bakersfield High School
• Mei Mei Chan, Heather Hansen, Bianca
Hinojosa, Grace Moore, Joshua White -
Centennial High School
• Charles Hale - East Bakersfield High
School
• Jessica Tejada - Foothill High School
• Brittany Ambrose, Kathryn Cornford,
Isaac Meyer, Chase Privett - Frontier High
School
• Alyssa Chavez, Marcela Gamino, Ivonne
Romero - Golden Valley High School
ACTION TAKEN
4.
4
Bakersfield, California, June 26, 2013 - Page 2
PRESENTATIONS ACTION TAKEN
Item 4.a. continued
• Seth Baker, Rodrigo Miranda, Alexander
Pearson, Brianna Wright, Breanna Young
- Highland High School
• Melanie Alvarez- Independence High
School
• Paige Basconcillo, Vanessa Donasco,
Samuel Oberlies, Erica Pineda, Taylor
Winter- Liberty High School
• Peter Buto - North High School
• Bryan Eid - Ridgeview High School
• Joshua Brinkmann - South High School
• Joshua Cohen, Rock Feng, Brian Liu,
Ankit Patel, Jonathan Pusavat, Michelle
Stanley - Stockdale High School
Mayor Hall recessed the meeting at 5:31 p.m. and
reconvened the meeting at 5:38 p.m.
INSTALLATION
a. Resolution accepting the City Clerk's RES 075 -13
Certification and declaring the results of the
Special Municipal Election for the election
of Councilmember for Ward 1 held in the
City on June 4, 2013.
Motion by Vice -Mayor Weir to adopt the APPROVED
Resolution. AB SMITH, HANSON
b. Administration of Oath of Office. (new
Councilmember seated)
City Clerk Gafford administered the Oath of
Office to P. Willie Rivera.
Councilmember Rivera made comments.
Mayor Hall, and Councilmembers Sullivan,
Johnson and Maxwell, welcomed
Councilmember Rivera to the City Council.
Mayor Hall recognized Supervisor Leticia Perez in
attendance to support Councilmember Rivera; and
the Bakersfield College government class in
attendance to learn about City Government.
Bakersfield, California, June 26, 2013 — Page 3
6. PUBLIC STATEMENTS
a. Susan Bennett, representing Kern Humane
Society, spoke regarding mattresses that have
been dumped in their parking lot at 2111
Brundage Lane, and requested that the City
work with the businesses to resolve the
collection of dumped rubbish.
Public Works Director Rojas advised that he
would look into this matter.
Councilmember Maxwell asked Ms. Bennett to
give him a call, and he would make sure a
follow -up is done to resolve this problem.
b. Bryan Burrow, President and CEO of the
Bakersfield Symphony Orchestra, thanked the
City Council for its support and investment in
this community.
C. Michael Raney and John Randolph Fendrick
spoke in support of City funding for the
Bakersfield Municipal Park Band.
d. Jess Winters, on behalf of Vision Corps and
Canyon Hills, spoke regarding the upcoming I
Love America Event at Bakersfield College on
July 4'" to celebrate our nation's 237 years of
freedom, and encouraged everyone to attend.
e. Jason Cater, Programs Director with Bike
Bakersfield, spoke regarding protecting
neighborhood walkways and encouraged the
City to see these kinds of connections between
neighborhoods as opportunities to create a
more bike friendly community and to designate
recorded easements for certain walkways to
ensure that these connections are kept open
for current and future residents.
f. Douglas McAfee, President of Bakersfield
NORML (National Organization for the Reform
of Marijuana Laws) spoke in support of
collectives operating in Bakersfield.
g. Nora Weber spoke in support of banning all
marijuana dispensaries within the city limits, and
submitted written material.
ACTION TAKEN
Bakersfield, California, June 26, 2013 - Page 4
6. PUBLIC STATEMENTS continued ACTION TAKEN
h. Joe A. Karra spoke regarding the medical
marijuana ordinance.
Tom Alexander spoke in support of the medical
marijuana ordinance.
j. Marci Davis spoke in opposition to the
marijuana dispensaries.
Phil Ganong, attorney, self - employed business
person and civil rights activist, spoke regarding
the medical marijuana ordinance and
submitted written material.
David Abassi spoke regarding the medical
marijuana ordinance and submitted written
material.
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 -01 168- AWI - BAK -SMS.
b. Conference with Labor Negotiator pursuant
to Government Code Section 54957.6
Motion by Vice -Mayor Weir to adjourn to Closed APPROVED
Session at 6:24 p.m. AB SMITH, HANSON
Motion by Vice -Mayor Weir to adjourn from Closed APPROVED
Session at 7.15 p.m. AB SMITH, HANSON
RECONVENED MEETING AT 7:23 p.m.
8. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing CITY ATTORNEY
Litigation; Closed Session pursuant to WAS GIVEN
Government Code Section 54956.9 (d) (1) DIRECTION
regarding Amyra Nicholson, et al. v. City et al.
USDC Case No. 1:08 -CV -01 168- AWI - BAK -SMS.
b. Conference with Labor Negotiator pursuant NO REPORTABLE
to Government Code Section 54957.6 ACTION
9.
Ifll
11.
Bakersfield, California, June 26, 2013 — Page 5
WORKSHOPS
None.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 5, 2013 Regular
City Council Meeting.
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 Junel3, 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 06105113)
d. Adoption of Ordinance amending Section
14.04.120 of the Municipal Code relating to
Rates and Fees. (FR 06/05/13)
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 05115113)
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 05/ 15/ 13)
ACTION TAKEN
ORD 4731
ABS RIVERA
ORD 4732
ABS RIVERA
ORD 4733
ABS RIVERA
ORD 4734
ABS RIVERA
11.
Bakersfield, California, June 26, 2013 — Page 6
CONSENT CALENDAR continued
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 05/ 15/ 13)
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.
i. 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.
k. Resolution setting salaries and related benefits
for Officers and Employees of the General
Supervisory, Police Supervisory and
Management Units.
ACTION TAKEN
ORD 4735
ABS RIVERA
RES 076 -13
RES 077 -13
RES 078 -13
RES 079 -13
RES 080 -13
11.
Bakersfield, California, June 26, 2013 — Page 7
CONSENT CALENDAR continued
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 Time -In-
Grade Exceptions for Fire Safety and Fire
Supervisory Class.
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.
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:
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.
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.
ACTION TAKEN
RES 081 -13
RES 082 -13
RES 083 -13
ROI 1753
ROI 1754
AGR 13 -096
AGR 13 -097
11
Bakersfield, California, June 26, 2013 — Page 8
CONSENT CALENDAR continued ACTION TAKEN
q. Consultant Agreement with Millennium AGR 13 -098
Consulting Associates ($75,000) for on -call
asbestos survey services.
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 AGR 13 -099
exceed $300,000).
2. Quad Knopf, Inc. (not to exceed AGR 13 -100
$300,000) .
3. Ruettgers & Schuler Civil Engineers (not AGR 13 -101
to exceed $300,000).
Amendment No. 1 to Agreement No. PW 12-117 AGR 13 -102
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.
Amendment No. 6 to Agreement No. 07 -082 AGR 07- 082(6)
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 AGR 10- 086(2)
No. 10 -086 with AECOM Technical
Services, Inc.
2. Amendment No. 2 to Agreement AGR 10- 087(2)
No. 10 -087 with Meyer Civil Engineering,
Inc.
11.
Bakersfield, California, June 26, 2013 — Page 9
CONSENT CALENDAR continued ACTION TAKEN
Item 1 1.u. continued
3. Amendment No. 2 to Agreement AGR 10- 088(2)
No. 10 -088 with Ruettgers & Schuler Civil
Engineers.
Bids:
V. Accept base bid and approve contract with AGR 13 -103
Courts & Greens ($41,458), for Patriots Park
Shade Structure Project.
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.
Assistant City Clerk Drimakis announced that the
Clerk's Office has received correspondence, as well
as 17 phone calls in opposition to staff's
recommendation on Item 1 l .c., and a protest letter
for Item 1 1.w.; and there is also a correction to Item
11.n., which had an incorrect Ward 7 designation,
which should be Ward 5.
Councilmember Rivera announced that he would
abstain, due to not participating in the public hearings
as a Councilmember, on items 11.c., 11.d., 11.e., 11.f.,
and l l.g., and that he wished to vote yes on the
balance of the Consent Calendar items.
Councilmember Rivera left the Chamber at this time.
Motion by Vice -Mayor Weir to adopt Consent APPROVED
Calendar items 1 1.a. through 11.y. AB SMITH, HANSON
Councilmember Rivera returned to the Chamber at
this time.
12.
13.
Bakersfield, California, June 26, 2013 — Page 10
CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN
None.
HEARINGS
a. Public Hearing to consider the Resolution
RES 084 -13
ordering the vacation of the alley located
south of Dorian Drive, east of Laurel Drive and
west of S. Chester Avenue.
Public Works Director Rojas made staff
comments and recommended adoption of the
Resolution.
Hearing opened at 7:28 p.m.
No one spoke in opposition to the staff
recommendation.
Mohamed Huzaibi spoke in support of the staff
recommendation and thanked the City
Council.
Hearing closed at 7:29 p.m.
Motion by Councilmember Rivera to adopt the APRROVED
Resolution. AB SMITH, HANSON
14. REPORTS
None.
15. DEFERRED BUSINESS
a. Fiscal Year 2013 -14 Budget:
1. Resolution approving and adopting the RES 085 -13
City's Operating and Capital
Improvement Budgets, as amended.
2. Resolution establishing the City's RES 086 -13
appropriations limit.
Councilmember Rivera announced that he would
abstain, due to not participating in the public hearing
as a Councilmember, on this item.
Councilmember Rivera left the Chamber at this time.
Administrative Analyst Huot made staff comments and
recommended adoption of the resolutions with the
amendments as set forth in Exhibit A attached to the
staff report.
15.
16.
Bakersfield, California, June 26, 2013 - Page 11
DEFERRED BUSINESS continued ACTION TAKEN
Item 15.a. continued
Councilmember Johnson requested that the budget
be approved with the caveat that for future requests
the Beale Park Band either get their own tax ID; or that
the request be made through the Symphony, or that
they produce an MOU with the Symphony that reflects
how the money flows from the Symphony to the Beale
Park Band.
Vice -Mayor Weir asked Councilmember Johnson to
withdraw his motion, and he recommended
combining the money and give all of it to the
Symphony with the note that $5,000 is designated for
the Beale Park Band, and when the Symphony is
satisfied that those funds will be used for the
appropriate purpose, at that point it would disburse
the money to the Beale Park Band, and for future City
funds, the Beale Park Band needs to get their
organization in place.
Councilmember Johnson advised he was in favor of
Vice -Mayor Weir's recommendation.
Motion by Vice -Mayor Weir to adopt staff's APPROVED
recommendation on 15.a., items 1. and 2., with the ABS RIVERA
amendments suggested. AB SMITH, HANSON
NEW BUSINESS
None.
17. COUNCIL AND MAYOR STATEMENTS
Councilmember Rivera returned to the Chamber at
this time.
Councilmember Maxwell asked the City Attorney to
look into and report back about the possibility of
restricting operational hours of internet cafes.
Councilmember Maxwell complimented Associate
Attorney Iger on a well- written letter to Senator Darrell
Steinberg opposing SB 439 concerning medical
marijuana.
Councilmember Maxwell asked that the Community
Services Committee look into ways to use
discretionary funds through the proper channels for
Amber Beeson's services as a consultant to provide a
cost - effective way to make Bakersfield more beautiful.
Bakersfield, California, June 26, 2013 - Page 12
17. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Johnson welcomed Councilmember
Rivera and congratulated Administrative Analyst Huot
on the budget.
Councilmember Johnson advised that a wall in Stone
Creek along Akers has been hit and asked Recreation
and Parks Director Hoover to provide an update as to
when it might be repaired.
Vice -Mayor Weir welcomed and congratulated
Councilmember Rivera, and wished him good luck
and good success.
Vice -Mayor Weir asked that the roads program
funding issue be referred to the Budget and Finance
Committee, and that staff provide background and
other information on the calculations and how the
numbers are derived, and other relevant
information.
Councilmember Rivera reiterated his excitement and
happiness to be on the Council, thanked staff for their
help over the past few weeks, and indicated he looks
forward to working with the Council.
Mayor Hall announced that two community gardens
are having their grand openings and encouraged the
Councilmembers to attend the following: July 2nd,
10:30 a.m., at 4th and Eye streets; and July 6th, 11:00
a.m., at Jonah and Langston. Additionally, he pointed
out that a group of 30 students from Lincoln, Nebraska,
was here on a community service project and put
down 100 vegetable plants, and trenched and
irrigated everything at the community garden at
Jonah and Langston.
18. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:51 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield