HomeMy WebLinkAbout04/01/09_CC_AGENDA_PACKET~~ BAKERSFIELD CITY COUNCIL
AGENDA
'~ .~ MEETING OF APRIL 1, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Assistant Pastor Roland Banks, Compassion Christian Center.
3. PLEDGE OF ALLEGIANCE by Karissa Nickeson, 8th Grade Student at Freedom Middle School.
4. PUBLIC STATEMENTS
5. WORKSHOPS
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Valley Achievement Center -Jolene
Billinger, Founder and Director; Laura Williams, Board Member and Joe Tallman, Vice-
President and Past President, declaring April 2009 National Autism Month in the City.
b. Presentation by Mayor Hall of a Proclamation to Paige Atkison, declaring April 1, 2009,
Paige Atkison Day in the City.
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 11, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from February 27, 2009 to March 19, 2009 in the amount
of $30,867,920.56 and self-insurance payments from February 27, 2009 to March 19, 2009
in the amount of $464,241.04.
Ordinances:
(Ward 4)` c. Adoption of Ordinance approving a Negative Declaration, amending Title 17 (Zone Map No.
101-23) of the Municipal Code by changing the zoning from A (Agriculture) to C-2/PCD
(Regional Commercial/Planned Commercial Development), C-O/PCD (Professional and
Administrative Office/Planned Commercial Development) and E (Estate) on 32.91 acres
generally located at the northeast corner of Rosedale Highway and Jenkins Road. (ZC 08-
1079) (Applicant: E & R Surveying and Consulting (Eric Sertic)/Property Owner: Henry
Pham) (FR ov2~s)
Resolutions:
d. Resolution confirming approval by the Assistant City Manager 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 authorize collection of the assessments by the Kern County Tax
Collector.
-upon annexation
8. CONSENT CALENDAR continued
e. Redevelopment Agency Tax Allocation Bonds 2009 Series A, B, C & D:
1. Resolution approving the issuance and sale of not to exceed $16.5 million aggregate
principal amount of the Redevelopment Agency 2009 Tax Allocation Bonds; and,
authorizing related actions.
2. Resolution authorizing the expenditure of Redevelopment Agency funds for
construction of those certain public improvements specified in the Series A and
Series B Tax Allocation Bonds and making certain determinations in connection
therewith.
3. Resolution authorizing the expenditure of Redevelopment Agency low and moderate
housing funds for construction of affordable housing projects outside the individual
project area and the combining of low and moderate housing tax increment for all
three project areas as the security of the Series D 2009 Tax Allocation Bonds and
making certain determinations in connection therewith.
(Ward 4)' f. Resolution of Application proposing annexation of uninhabited territory to the City identified
as Annexation No. 618 consisting of 2.89 net acres located on the west side of Allen Road,
north of Stockdale Highway.
g. Resolution determining that bidding for City radio communications equipment cannot be
reasonably obtained through the usual bidding procedures due to the need to integrate into
the existing City radio infrastructure and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $240,000.
(Ward 7) h. Resolution forming a Traffic Signal Maintenance District TS-20 (So H, Panama SE),
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector.
(Ward 2) i. Resolution of Intention No. 1633 to add territory, Area 4-91, to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving the Public Works Director's
Report.
Agreements:
j. Agreement with Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter
($62,800) for a full scope annual audit of the 2008-09 fiscal year. (Budget & Finance
Committee)
(Ward 2) k. Agreement with SMG (not to exceed $50,000) for reimbursement of costs associated with
the rental of Rabobank Arena for the Christian Congregation of Jehovah's Witnesses
conventions.
(Ward 3-7) I. Agreement with Wilson & Associates (total not to exceed $113,200) to provide continuing
disclosure services for various Special Assessment Districts.
m. Amendment No.5 to Agreement No. 04-241 with CompuCom Systems, Inc. ($5,750.09;
revised total not to exceed $ 236,009.50) to provide Microsoft Licenses for 1029 City
computers.
n. Amendment No. 1 to Agreement No. 07-079 with PlanNet Consulting ($26,600; revised total
not to exceed $220,730) for professional services for a voice communication systems.
o. Amendment No. 2 to Agreement No. 06-023 with MuniServices, LLC to expand the scope of
work to include property tax audit services.
2 City Council Meeting of 04/01/2009
8. CONSENT CALENDAR continued
(Ward 2, a) p. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-1877
(Bakersfield Commons Project) located north of Brimhall Road, generally east and west of
Coffee Road.
1. Amendment No. 1 to Agreement No. 07-021 with Christopher A. Joseph & Associates
($195,162) for preparation of EIR.
2. Appropriate $195,162 (developers' contribution) to the Development Services
operating budget in the General Fund for the EIR consultant.
q. Amendment No. 2 to Agreement No. 07-110 with Pavement Recycling Systems, Inc.
($800,000; revised total not to exceed $3,200,000 and extending term for one year) for cold
planing.
(Ward 2) r. Contract Change Order No. 1 to Agreement No. 08-211 with Granite Construction Co.
($28,697.81; revised total not to exceed $885,553.81) for Mill Creek Linear Park Phase 5A
Canal Facilities Project.
(Ward 2) s. Contract Change Order No. 4 to Agreement No. 08-039 with V Lopez and Sons, Inc.
($11,922.10; revised not to exceed $852,845.05) for the Streetscape and Storm Drain
Improvements - 19'h Street at Eye Street Project.
Bids:
Miscellaneous:
(Ward 2) , t. Accept transfer and appropriate residual fund balance of $229,154.31 from the Bakersfield
Public Financing Authority to the City's Capital Outlay Fund for future capital or maintenance
needs of the Rabobank Arena and Convention Center complex.
(Ward 2) u. Appropriate $147,500 Old Town Kern Redevelopment Project Area Fund Balance to the
operating budget within the Old Town Kern Redevelopment Project Area Fund for Mill Creek
Area project infrastructure, utilities and undergrounding.
Staff recommends adoption of Consent Calendar items a through u.
9. CONSENT CALENDAR HEARINGS
(Ward 1) a. Public Hearing to consider Resolution increasing hangar and tie-down fees for the
Bakersfield Municipal Airport.
Budget and Finance Committee recommends adoption of resolution.
(Ward 3) b. Public Hearing to consider Resolution ordering the summary vacation of County Road 769
located off Alfred Harrell Highway and northeast of Fairfax Road.
Staff recommends adoption of resolution.
10. HEARINGS
11. REPORTS
a. Budget and Finance Committee Report on streamlining the billing system for blue cart
recycling service.
Budget and Finance Committee recommends Council direct staff to schedule a public hearing and
make improvements to the billing system.
12. DEFERRED BUSINESS
3 City Council Meeting of 04/01/2009
13. NEW BUSINESS
a. Amendment No. 3 to Resolution No. 136-08 setting salaries and related benefits for officers
and employees of the General Supervisory, Police Supervisory (Non-Safety) and
Management Units.
Staff recommends:
1. Adoption of resolution rescinding the 4 % salary increase scheduled to go into effect
December 21, 2009 for General Supervisory, Police Supervisory (Non-Safety), and
Management Units.
2. Express the thanks of the City for the cooperation and understanding of the
supervisory and management employees for making this sacrifice to assist in
reducing the budget shortfall.
b. Mountain View Bravo, LLC and Hillcrest Bank:
1. Amendment No. 4 to Agreement No. 05-285 (Settlement Agreement) with ,Mountain
View Bravo, LLC and Hillcrest Park.
2. Resolution terminating Agreement Nos. 06-365 and 06-366 with Mountain View
Bravo, LLC for improvements to City in the Hills Park West located at City Hills Drive
and Kuma Way, and City in the Hills Park East located at City Hills Drive and
Manchester Lane.
Staff recommends approval of amendment to agreement and adoption of resolution.
14. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for John M. Tarabino, et al v. City; KCSC Case No.
S-1500-CV-257620 SPC.
c. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to
Government Code Section 54956.9. (One matter)
15. CLOSED SESSION ACTION
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Resp ctfully submitted,
~-
Alan Tan C~-"`~
City Manager /
03/26/09 1:15pm
4 City Council Meeting of 04/01/2009
~~
~..
1Y ~.
1
AGENDA HIGHLIGHTS
April 1, 2009 SPECIAL MEETING
BAKERSFIELD PUBLIC FINANCING AUTHORITY
SPECIAL MEETING - 5:15 g.m.
NEW BUSINESS
Item 4a. Resolution Authorizing the F~cecution and Deliver of a Bond Purchase Agreement with the
Bakersfield Redevelopment Aaency and George K Baum & Companv and Authorizing and Directing
Actions Related Thereto. The Bakersfield Public Financing Authority (Authority) was originally created in
1993 to facilitate the issuance of several bond transactions including debt related to the Convention
Center Ballrooms and Meeting Rooms, bridge projects, sewer projects and the refinancing of some
Assessment District Debt. The Authority has not met since February 23, 1994. The Authority is being
asked to facilitate the negotiated sale of the Redevelopment Agency (RDA) Tax Allocation Bonds 2009
Series A, B, C, & D by authorizing and being a party to the Bond Purchase Agreement with the RDA and
the bond underwriter, George K. Baum and Company. The Authority is acting as a "pass through" agent
to facilitate the negotiated sale transaction. Neither the Authority nor the City will have any obligation
regarding the repayment of the bonded debt to be incurred by the RDA.
Item 4b. Authorize Transfer of Residual Fund Balance in the Amount of $229,154.31 from the
Bakersfield Public Financing Authority to the City of Bakersfield. All debt issues under the Authority have
been paid in full as of October 2008 and there remains a residual. fund balance within the Authority
funds. These residual monies are the surplus interest earnings on the reserve fund that was not needed
to make the final debt retirement payment. Transfer of these funds to the City will allow staff to close out
the financial records of the Authority this fiscal year, which will save the organization in future costs of
annual audits and related financial reporting for the Authority.
AGENDA HIGHLIGHTS
April 1, 2009 COUNCIL MEETING
REGULAR MEETING - 5:15 g.m.
CONSENT CALENDAR
Resolutions
Item 8e. Redevelopment Agency Tax Allocation Bonds 2009 Series A, B. C & D. The Bakersfield
Redevelopment Agency (RDA) took several actions at their March 31, 2009 meeting to move forward
with an RDA bond issue to fund a variety of redevelopment projects. The City Council is being asked
this evening to approve a resolution approving the issuance of the bonds and related actions. The
"related actions" would include authorizing budgetary appropriations necessary to document the bond
sale in our financial reporting system. The debt to be incurred will be debt of the RDA and will be repaid
with a combination of RDA Tax Increment revenues and RDA Housing set-aside funds.
Item 8g. Resolution Determining that Bidding for City Radio Communications Equipment Cannot be
Reasonably Obtained Through the Usual Bidding Procedures Due to the Need to Integrate into the
Existing City Radio Infrastructure and Authorizing the Finance Director to Dispense with Biddina
Therefore, not to Exceed $240.000. The Federal Communication Commission (FCC) has mandated that
as of December 31, 2012, all radio licensees in those bands below 512 MHz operate their radio channels
in the new narrowband configuration of 12.5 KHz bandwidth. Police, Fire, Public Works and Water radio
channels fall within this spectrum. The existing Motorola radio infrastructure equipment was purchased
and installed between 1988 and 1996 and is not capable of the narrowband operation mandated by the
FCC. Due to the fact that all City mobile, portable and base station radios must be compatible with
Motorola infrastructure equipment, the necessary equipment cannot be reasonably obtained through the
usual bidding procedures. Radio equipment for the Police and Fire Departments is being purchased at
this time.
Agreements
Item 8l. Agreement with Wilson & Associates to Provide Continuing Disclosure Services for Various
Special Assessment Districts in an amount not to exceed $113.200. The City currently has 20 active
Assessment Districts, with a total bonded indebtedness of $78,080,000, which all require Continuing
Disclosure Certificates. The City has covenanted in its respective Continuing Disclosure Certificate for
the benefit of the Bondholders to provide an annual report containing certain financial information and
operating data relating to each Assessment District and the property within the Assessment District. This
covenant has been made in order to assist the underwriter in complying with Securities and Exchange
Commission (SEC) rules. The City does not have expertise in this area of reporting requirements. This
agreement will allow the City to use a professional consultant to process these Continuing Disclosure
Reports and meet the deadlines imposed by the SEC. The cost of these services will be charged to the
related Special Assessment District.
Item 8p. Environmental Impact Report (EIR) for General Plan Amendment/Zone Chance (Bakersfield
Commons Proiect) Located North of Brimhall Road. Generally East and West of Coffee Road. This item
provides for Amendment No. 1 to an Agreement with Christopher A. Joseph & Associates for preparation
of the EIR for the above referenced project. Amendment No. 1 increases the contract amount by
$195,162 to a new total of $410,000. This increase is necessary to cover additional technical studies,
analysis of additional alternatives and associated revisions to the environmental analysis that was not
originally anticipated. No City funding is required for this contract. The second action under this item
appropriates $195,162 from the developers' contribution to the Development Services operating budget
in the General Fund for this contract.
Miscellaneous
Item 8t. Accept Transfer and Appropriate Residual Fund Balance of $229.154.31 from the Bakersfield
Public Financing Authority to the Citv's Capital Outlay Fund for Future Capital or Maintenance Needs of
the Rabobank Arena and Convention Center Complex. Staff is requesting to transfer these monies to
the City's Capital Outlay Fund as a one time revenue source to fund future capital or maintenance needs
of the Rabobank Arena and Convention Center Complex.
Item 8u. Appropriate $147 500 Old Town Kern Redevelopment Proiect Area Fund Balance to the
Operating Budget Within the Old Town Kern Redevelopment Proiect Area Fund for Mill Creek Area
Proiect Infrastructure. Utilities and Undergroundina. The Mill Creek Area project located between Golden
State Highway, California Avenue, Union Avenue and "N" Street is under construction and will require
infrastructure, utilities and undergrounding improvements. These improvements will be located within the
Old Town Kern-Pioneer Redevelopment Project Area. On May 21, 2008, the City Council adopted a
Resolution establishing the South Mill Creek Underground Utility District (District). This District facilitates
Agenda Highlights -April 1, 2009 Council Meeting
Page 2
the utility companies' removal of their overhead facilities when the underground work is done. The
appropriated funds will be used to reimburse PG&E ($105,190.20) for utility undergrounding work
completed to date. In addition, the balance ($42,309) will be used for additional infrastructure and utility
related improvements in the Mill Creek Area.
CONSENT CALENDAR HEARINGS
Item 9a. Public Hearing to Consider Resolution Increasing Hangar and Tie-Down Fees for the
Bakersfield Municipal Airport. The last rate increase for the Airport was done in 2002. Rate increases
are recommended to ensure operating revenues recover operating costs. Information notices were
mailed to current lessees at the Airport notifying them of the proposed increases and hearing date. The
proposed increases were presented to the Budget and Finance Committee, which after review and one
public statement, directed staff to further investigate the "Port-a-Port' rates and recommend the
appropriate rate to the Council. After further investigation, staff revised the proposed rate for "Port-a-
Ports" from a 2-year 140% increase to a more standard 10% increase. The discrepancy from the original
recommendation to the revised recommendation is was due to inconsistency in the descriptions that
other area airports use for "Port-a-Port" and a misunderstanding of other area airports rate structures.
The Budget and Finance Committee recommends adoption of the Resolution.
REPORTS
Item 11a. Budget and Finance Committee Report on Streamlining the Billing System for Blue Cart
Recycling Service. At the December 17, 2008 City Council meeting, staff presented a report on recycling
program issues. One section of the report addressed ways to expand the City's Blue Cart Recycling
Program. The City Council referred the report to the Budget and Finance Committee (Committee) for
further consideration. Staff will recommend that the Committee act on one item contained in the report,
which is streamlining the billing system for Blue Cart recycling customers. This report describes how the
recommended change is to be implemented.
'iI~Tl3T~~l~l~~?
Item i3a. Amendment No. 3 to the Resolution Setting Salaries and Related Benefits for Officers and
Employees of the General Supervisory. Police Suaervisory (Non-Safety) and Management Units. As
reported through the series of budget updates staff has provided to the Council, sales and property taxes
and development fees have been in steady and significant decline. The most recent budget report,
provided to the Council by the City Manager, described the impacts of this decline in revenue, including
the elimination of 141 full time positions to date and the requirement for further budget reductions totaling
$6 million. This proposed Amendment will rescind the 4.0% salary increase scheduled for December 21,
2009 for the above referenced units. The second part of this item is a Resolution which expresses the
thanks of the City of Bakersfield for the cooperation and understanding of the above mentioned
employees for making this sacrifice to assist in reducing the budget shortfall.
Item 13b. Agreements with Mountain View Bravo. LLC and Hillcrest Bank. On July 20, 2005, Mountain
View Bravo, LLC (MVB) and the City entered into an Acquisition and Disclosure Agreement,
(Agreement), wherein MVB agreed to construct specific public improvements for property located in
northeast Bakersfield. Assessment District No. 05-1 (City in the Hills) was formed and generally includes
the area east of Vineland Road, south of Paladino Drive, west of Masterson Street and north of Highway
178. The Agreement provides the terms and conditions under which MVB is to provide for the
construction and installation of certain prescribed improvements and the terms and conditions under
which the City would sell limited obligation improvement bonds for AD 05-1 and acquire the
improvements with the proceeds. The total estimated amount of public improvements to be constructed
by MVB and acquired by the City is $13,144,022. To date, the City has acquired completed
improvements totaling $4,181,437.88. MVB has constructed additional public improvements within AD
Agenda Highlights -April 1, 2009 Council Meeting
Page 3
~~
05-1 totaling $3,375,000, which have yet to be acquired by the City. Due to current economic conditions
MVB is in a financial position that prevents them from being able to complete the remaining
improvements required in AD 05-1. The reality of this situation is evidenced by the
incomplete/unconstructed improvements that remain in City in the Hills. Most notable is Masterson
Street where the existing two-lane road was torn up for reconstruction. Currently the road remains
incomplete, unpaved and unusable. Due to their inability to fulfill their responsibilities under the
Agreement, MVB wishes to be released of any further obligations to construct the remaining public
improvements that have yet to be built. Execution of this agreement will remove MVB from its
responsibilities in connection to AD 05-1, thereby allowing the City to access the remaining AD 05-1
funds and facilitate the completion of Masterson Street as well as the rest of the remaining public
improvements included in AD 05-1. Based upon the engineer's estimates for the remaining work, staff
believes that sufficient funds remain in AD 05-1 to complete the balance of the required improvements.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of existing litigation and one case of
potential litigation and a conference with the labor negotiator.
Approved:
Rhonda Smiley, Assistant to the City Manager / PIO ~'
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights -April 1, 2009 Council Meeting
Page 4
MEETING DATE: April 1, 2009 AGENDA SECTION: Presentations
ITEM: (y, a, ,
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: March 26, 2009
APPROVED
DEPARTMENT HEA ffL. ~1
CITY ATTORNEY
CITY MANAGERS
SUBJECT: Presentation by Mayor Hall of a Proclamation to Valley Achievement Center Founder and
Director Jolene Billinger, Laura Williams, Board of Directors Member, Valley Achievement
Center and Joe Tallman, Vice-President and Past President of Board of Directors, Valley
Achievement Center, declaring April 2009 National Autism Month in the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
~ ~ o„ s
~ ~, •
° ADMINISTRATIVE REPORT
~.
MEETING DATE: April 1, 2009 AGENDA SECTION: Presentations
ITEM: (p, b ,
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA ~f
DATE: March 26, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Presentation by Mayor Hall of a Proclamation to Paige Atkison declaring April 1, 2009,
Paige Atkison Day in the City of Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
F ~~ro~~
~ J i~
ADMINISTRATIVE REPORT
~ ~..,~
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8. Gl .
TO: Honorable Mayor and City Co cil
FROM: Pamela McCarthy, City CI rk
DATE: March 20, 2009
APPROVED
DEPARTMENT HE~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the March 11, 2009 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: $ . gyp.
TO: Honorable Mayor and City Council A~P~PcROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /~ ~
DATE: March 20, 2009 CITY ATTORNEY ~~
CITY MANAGER ~ _
SUBJECT: Approval of department payments from February 27, 2009 to March 19, 2009
in the amount of $30,867,920.56 and Self Insurance payments from February 27, 2009
to March 19, 2009 in the amount of $464,241.04.
RECOMMENDATION:
Staff recommends approval of payments totaling $31,332,161.60.
BACKGROUND:
RAR
March 19, 2009, 4:17PM
S:~RichardlAPW DMINWDM IN-AP.doc
~' MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: $.G. '
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: March 11, 2009
;. ~
DEPARTMENT HEAD ~-
CITY ATTORNEY
CITY MANAGER /eS
SUBJECT: Adoption of an ordinance approving a Negative Declaration, amending Section
17.06.020 (Zoning Map No. 101-23) of Title Seventeen of the Bakersfield Municipal
Code by changing the zoning from A (Agriculture Zone) to C-2/PCD (Regional
Commercial/Planned Commercial Development Zone), C-O/PCD (Professional and
Administrative Office/Planned Commercial Development Zone), and E (Estate Zone)
on 32.91 acres, generally located at the northeast comer of Rosedale Highway and
Jenkins Road. (ZC 08-1079 - E 8~ R Surveying and Consulting, Eric Sertic
representing Henry Pham) (Ward 4 upon Annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 25, 2009.
The project site is located at the northeast comer of Rosedale Highway and Jenkins Road. This
proposal would allow for the development of 32 single-family dwelling units in the northern portion of
the site, 77,750 square feet of gross leasable area (GI_A) for retail commercial and approximately
41,000 square feet of professional office space on the southern portion of the 32.91-acre site.
On February 25, 2009, the City Council approved the negative declaration and gave first reading for
the zone change to change the zone from A (Agriculture Zone) to C-2/PCD (Regional Commercial/
Planned Commercial Development Zone), C-O/PCD (Professional and Administrative Office/Planned
Commercial Development Zone), and E (Estate Zone) on 32.91 acres. The applicant agreed to all
conditions and mitigation for the project. The project also includes annexation into the City.
The Planning Commission conducted a public hearing on this zone change on December 18, 2008,
and recommended approval to the City Council. No individuals or agencies present at the hearing
opposed the request and the applicant agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a sign cant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on
November 12, 2008 in accordance with CEQA.
BM-S:\GPA 4th 2008\08-10791Adm SRWdmin Report 08-1079 2nd Readfnp.dx
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent
ITEM $ . ,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: March 12, 2009
SUBJECT: Property Abatements
Resolution confirming approval by the Assistant City Manager 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 authorize collection of the assessments by the
Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
DEPARTMENT HEAD '~
CITY ATTORNEY
CITY MANAGER
APPROVED
Assessment hearing was held on March 9, 2009, by the Assistant City Manager and all proposed charges
were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield
Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute
public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property
owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing
duly noticed and held before the Building Director, the Director issued orders requiring the property owner
to abate the public nuisance. The subject properties are listed as follows:
COST
War d 1/Councllmember Irma Carson
1. 301 California Avenue 009-511-07 $ 580.00
2. 230 S. Chester Avenue 011-122-17 $ 300.00
3. SEC Cottonwood Road & Brook Street 172-020-10 $ 498.00
4. 2604 Dore Drive 022-231-08 $ 745.00
5. 413 Fairview Road 413-212-26 $ 300.00
March 12, 2009,10:03AM
S:~DanaU4DMINS~20091April~4-l-Property Abatement.doc
ADMINISTRATIVE REPORT
Page 2 of 3
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
6. 403 K Street 009-311-14 $ 350.00
7. 6841 Lowry Street 516-142-01 $ 300.00
8. 931 M Street 009-151-04 $ 475.00
9. 421 Miraflores Avenue 516-072-16 $ 450.00
10. 421 Miraflores Avenue 516-072-16 $ 300.00
11. 39 S. Owens Street 018-260-15 $ 300.00
12. 1304 Richland Street 011-102-11 $ 380.00
Ward 21Councilmember Sue Benham
13. 821 Kentucky Street
14. 1112 Kentucky Street
014-300-08 $ 625.00
015-390-18 $ 575.00
Ward 3/Councilmember Ken Weir
15. 3306 Colgate Lane 383-243-05 $ 495.00
16. 5716 Harpy Eagle Avenue 437-071-08 $ 500.00
17. 120 Monte Vista Drive 122-191-10 $ 800.00
Ward 4/Councilmember Couch
18. 604 Las Arenas Court 522-091-12 $ 725.00
19. 12315 Rambler Avenue 527-442-06 $ 575.00
20. 8408 Sterling Grove Lane 494-802-07 $ 475.00
21. 8511 Sterling Grove Lane 494-793-01 $ 535.00
22. 12104 Sundance Canyon Drive 527-412-26 $ 495.00
23. 4220 Templeton Street 527-101-15 $ 675.00
24. 2408 Tiverton Drive 523-430-09 $ 600.00
25. 10412 Victoria Falis Avenue 525-282-04 $ 400.00
n
26. 3017 Boulder Lane 381-221-10 $ 600.00
27. 7400 EI Verano Drive 339-191-14 $ 995.00
28. 8001 Shetland Drive 380-183-01 $ 675.00
29. 5201 Vista Del Mar Drive 497-402-16 $ 450.00
Ward 6/Coucilmember Jacauie Sullivan
30. 3501 Cardamon Drive 384112-14 $ 385.00
31. 6213 Santo Domingo Court 499-142-18 $ 600.00
32. 4701 Stine Road 384023-02 $ 600.00
March 12, 2009, 10:01AM
S:\DanaWDMINS\2009V1pril\41-Property Abatement.dx
ADMINISTRATIVE REPORT
Page 3 of 3
PRO PERTY LOCATION ~ COST
War d 7/Councilmember Zack Scrivner
33. 1014 Amott Court 516-201-09 $ 300.00
34. 1007 Berryessa Court 516-380-03 $ 475.00
35. 1211 Cates Street 516-413-03 $ 435.00
36. 4404 Chenyrock Avenue 514552-OS $ 525.00
37. 7100 Felbridge Court 516-205-05 $ 300.00
38. 3300 Kimmie Rachelle Court 514-183-11 $ 300.00
39. 4524 Milo Avenue 371-244-09 $ 1,225.00
40. 210 Scarletfire Drive 516-461-25 $ 300.00
41. 6600 Sky View Drive 515-092-12 $ 300.00
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal
Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement
Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter
8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at
the hearing on this matter before the City Manager or his designee and to object to the correctness of the
costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the
assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the
City for work performed to remove the public nuisance and order that such costs be made a lien against
the property. This will be done by adoption of the attached resolution.
March 12, 2009, 10:01AM
S:\DanaWDMINS\2009\April\4-1-Property Abatement.doc
MEETING DATE: April 1, 2009 AGENDA SECTION:
ITEM: , e,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ,/~~L_
DATE: March 19, 2009 CITY ATTORNEY
CITY MANAGER /~S
SUBJECT: Redevelopment Agency Tax Allocation Bonds 2009 Series A, B, C & D
1. Resolution of the City Council of the City of Bakersfield approving the issuance and
sale of not to exceed $16.5 million aggregate principal amount of the Bakersfield
Redevelopment Agency 2009 Tax Allocation Bonds; and authorizing related actions.
2. Resolution of the City Council of the City of Bakersfield authorizing the expenditure of
Bakersfield Redevelopment Agency funds for construction of those certain public
improvements specified in the Series "A" and Series "B" 2009 Tax Allocation Bonds
and making certain determinations in connection therewith.
3. Resolution of the City Council of the City of Bakersfield authorizing the expenditure of
Bakersfield Redevelopment Agency low and moderate housing funds for construction
of affordable housing projects outside the individual project areas and the combining
of the low and moderate housing tax increment for all three project areas as the
security of the Series "D" 2009 Tax Allocation Bonds and making certain
determinations in connection therewith.
RECOMMENDATION: Staff recommends adoption of the resolutions.
BACKGROUND:
The Bakersfield Redevelopment Agency took several actions at their March 31, 2009 meeting to
move forward with and RDA bond issue to fund a variety of redevelopment projects. The City Council
is being asked this evening to approve a resolution approving the issuance of the bonds and related
actions. The "related actions" would include authorizing budgetary appropriations necessary to
document the bond sale in our financial reporting system. The debt to be incurred will be debt of the
Redevelopment Agency and will be repaid with a combination of RDA Tax Increment revenues and
RDA Housing set-aside funds. The remainder of information being provided below is a copy of the
information provided to the Redevelopment Agency at their meeting yesterday.
RDA REPORT INFORMATION
City/Agency staff have been planning and anticipating several redevelopment projects for several
months. An overview of these potential bond funded projects was provided to the Agency members
at their October 13, 2008 meeting. The proposed projects include the following:
nks
P:~BondDocsWdmin -RDA TABS series ABCD to City Council April 1, 2009.doc
March 19, 2009
4826-0198-1440.2
ADMINISTRATIVE REPORT
_ • P-roper-tjr Acq~isit+on adjacent #o-Mill: CreefC at-6(~0 -1:7th-Str-eet--
• Construction of Sewer Lift Station, Wet & Dry Utilities on 18~' and 19"' Street
• Property Acquisition adjacent to Mill Creek at 600 & 602 181h Street
• Infrastructure Improvements for Mill Creek Linear Park Canal at South Mill Creek
• Property Acquisition on California Avenue in the Mill Creek vicinity
• Multi-family urban housing project (the Courtyard - 57 units) in the vicinity of South Mill Creek
• Multi-family for sale town-homes (Creekview - 36 units) between R, S, 141h, & Calif. Ave
• Mixed use project involving reuse of a property at 1612 19th Street (City Lofts)
• Affordable senior housing rental project (19~' Street Plaza) on Mill Creek at 181h & 19"' Streets
The estimated cost of completing these projects is approximately $13,625,000. However, the exact
amount of funds necessary to complete each of the individual projects is not known at this time and
several of the projects are subject to negotiations and / or formal bidding processes that are in
various stages of completeness. In addition to the estimated construction proceeds, we need to
include funding for required debt service reserve funds, legal fees, and other costs associated with
the issuance of the bonds. The total par amount of the bonds sold will not exceed $16.5 million.
We are requesting to move forward with this bond sale at this time so we can provide some
assurance to the other parties involved (property owners and/or contractors) that funds are actually
available to enter into binding contracts. Both the City and the Agency have a long history of not
entering into agreements until funding is in place.
THE BOND STRUCTURE:
The bond sale is being structured in four (4) separate series of bonds. The four series are separated
by project type and/or by project area. The Series A bonds will fund those projects that qualify for tax
exempt funding and are located in the Old Town Kern project area. The Series '8 bonds will fund
those projects that qualify for tax exempt funding and are located in the Southeast project area. The
Series C bonds will fund projects in the Southeast project area that do not qualify for tax exempt
financing. Finally, the Series D bonds will fund Low and Moderate Housing related projects that can
be repaid with housing set-aside funds. Housing projects from all three project areas will be
combined in the Series D bonds for marketing purposes, but it is the intent of staff to repay the debt
on a proportionate basis; matching the individual projects with the project area housing funds.
FINANCING DOCUMENTS:
The various documents we are asking the Agency to approve "as to form" include various Bond
Indentures, Preliminary Official Statements, Bond Purchase Agreements, and Continuing Disclosure
Certificates.
The Bond Indentures provide the basic framework, structure and definition for the various series of
bonds. These documents set out all the rules that must be followed and detail the legal basis for the
bond administration.
The Preliminary Official Statement is the disclosure document provided by the Agency and the
Underwriter to prospective purchasers of the Bonds and the Finai Official Statement is the disclosure
document provided by the Agency to the Underwriter of the Bonds who then in turn provides the
document to purchasers of the Bonds. In connection with the Preliminary Official Statements, the
Agency must execute a Rule 15c2-12 Certificate, in which the Agency represents that the Preliminary
nks
P:~BondDocsWdmin -RDA TABS series ABCD to City Council April 1, 2009.doc
March 19, 2009
4826-0198-1440.2
ADMINISTRATIVE REPORT
Official Statement has been "deemed final" within the meaning of the Securities and Exchange
Commission Rule.
_ _ _ _ _ _
_1 ___
The Purchase Contract requires the Underwriter to purchase the Bonds, provided certain terms and
conditions set forth therein are met by the Agency and other parties. The Continuing Disclosure
Certificates set out the Agency's obligation under S.E.C. Rule 15c2-12 to provide updated financial
and operating information to certain securities information repositories on an annual basis and to
provide notices of certain material events to such securities information repositories upon the
occurrence of such material events.
Finally, there are two resolutions that make certain determinations regarding the use of tax increment
revenues. One resolution makes findings that the public improvements being considered are of
public benefit to the project areas. The other resolution allows for the joint pledge of housing set-
aside funds from the three project areas as the funding source for the housing set-aside bonds. The
housing set-aside bonds include funding for projects in each of the three project areas.
nks
P:\BondDocsWdmin -RDA TABS series ABCD to City Council April 1, 2009.doc
March 19, 2009
4826-0198-1440.2
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: g ,~.
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: March 12, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of Application proposing annexation of uninhabited territory to the
City of Bakersfield identified as Annexation No. 618 consisting of 2.89 net acres
located on the west side of Allen Road, north of Stockdale Highway. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited temtory to the
City of Bakersfield. The proposed annexation identified as Annexation No. 618 consists of 2.89
acres of land. The annexation is adjacent to the City limits and is within the City's Sphere of
Influence boundary. The property owner has consented to annexation. The proposal is to annex
the land for development purposes and to receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and
County of Kem. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
DL:dc
S:1Annexation\Res of ApplicWdmin Draft 618.doc
A
~ ~
ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 AGENDAS SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: March 17, 2009
APPR VED
DEPARTMENT HEAD ~ ~~`
CITY ATTORNEY
CITY MANAGER /eS
SUBJECT: Resolution determining that bidding for City radio communications equipment cannot be
reasonably obtained through the usual bidding procedures because of the need to integrate
into the existing City radio infrastructure and authorizing the Finance Director to dispense
with bidding therefore, not to exceed $240,000.
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The Federal Communication Commission (FCC) has mandated that as of December
31, 2012, all radio licensees in those bands below 512 MHz operate their radio channels in the new
narrowband configuration of 12.5 KHz bandwidth. Police, Fire, Public Works, and Water radio channels
fall within that spectrum.
The existing Motorola radio infrastructure equipment was purchased and installed between 1988 and 1996
and is not capable of the narrowband operation mandated by the FCC. All City mobile, portable, and base
station radios must be compatible with Motorola infrastructure equipment.
Radio equipment for the Police and .Fire Departments is being purchased at this time.
Sufficient funds are budgeted to purchase this equipment.
G:\GROUPDATIADMINRPT12009\04-01\Radio Comm Equip.doc
~ A
~ ~ ~
° ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,h,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: March 11, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY Qr
CITY MANAGER F~
SUBJECT: Resolution forming a Traffic Signal Maintenance District, to be designated as TS-20 (So H,
Panama SE), confirming the assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern County Tax Collector.
(Ward 7)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On February 25, 2009, the Council adopted Resolution of Intention No. 1631 to form a
Traffic Signal Maintenance District at the location listed above. Inclusion in a Traffic Signal Maintenance
District will provide for the maintenance of convenient traffic signals within the district.
Staff is recommending the formation of the new Traffic Signal Maintenance District.
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 Traffic Signal Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s)
have also 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 Traffic
Signal Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map.
G:\GROUPDATWDMINRPT\2009\04-Ot\Estab TS-20 Admin.doc
A ({
O',~w e
~ ~ [n
ADMINISTRATIVE REPORT
.~
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: , i„
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: March 11, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Resolution of Intention No. 1633 to add territory, Area 4-91 to the Consolidated
Maintenance District and preliminarily adopting, confirming and approving the Public Works
Director's Report. (Ward 2)
RECOMMENDATION: Staff recommends adopting the Resolution.
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 supplied to the subdividers)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
ps
G:\GROUPDATIADMINRPT\2009\04-01\ROI 1633 MD 4-91 admin.doc
A
~ ~
° ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2008 AGENDA SECTION: Consent Calendar
ITEM: 8, ',
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
March 09, 2009
Agreement with Brown Armstrong Paulden McCown Starbuck Thornburgh &Keeter
($62,800) for a full scope annual audit of the 2008-09 fiscal year.
APPROVED
DEPARTMENT HEAD flis
CITY ATTORNEY
CITY MANAGER ~S
RECOMMENDATION: The Budget and Finance Committee recommends approval of the agreement.
BACKGROUND:
In February 2007, inquires were sent to approximately 28 local CPA firms and 9 outside firms, with four
firms expressing an interest in the City Audit. Requests for Proposals were sent to the interested audit
firms. Three firms submitted proposals which were reviewed by the Finance department. One firm did not
submit their sealed dollar cost bid based on the requirement in the RFP and were excluded from
consideration. The two qualified proposals were sent to the Budget and Finance Committee. The Budget
and Finance Committee reviewed the proposals on April 30, 2007. The Budget and Finance committee
recommended the selection of Brown Armstrong Paulden McCown Starbuck Thornburgh 8~ Keeter to
perform the annual audit work for the 2006-07 fiscal year ($60,400), with the option of up to four (4) one
year extensions.
The Request for Proposal issued in February 2007 contemplated a five year commitment with the selected
firm, with the 2006-07 fiscal year being .year 1 of 5. A cost of living factor is built into the contract so that
future year costs do not exceed Consumer Price Index (CPI) inflation measures, assuming no change in
the scope of the audit and assuming no significant change in the audit workload as a result of
Governmental Accounting Standards Boards (GASB) actions that might take place in the future. Brown
Armstrong Paulden McCown Starbuck Thornburgh &Keeter was agreeable to this additional contract
language. The agreement referenced above is related to the audit for year 3 of 5. There is no difference in
cost from year 2 to year 3 (based on the January 2008 CPI index) since the CPI index remained flat
reflecting a 0.1 % decrease.
3/9/2009 10:37:00 AM
S:\AdminWdmin Reports~2009 Brown Armstrong.doc
,!~ ~
~~~~ t -..
4...~ .,~~ ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 I AGENDA SECTION: Consent Calendar
ITEM• Fj , ~.
TO: Honorable Mayor and City Council A ROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~ ~ -
DATE: March 18, 2009 CITY ATTORNEY
CITY MANAGER ~J
SUBJECT: Reimbursement Agreement in an amount not to exceed $50,000 between the City of
Bakersfield and SMG for the reimbursement of costs associated with renting the Rabobank
Arena for the Christian Congregation of Jehovah's Witnesses conventions.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On August 29, 2007, the City and the Greater Bakersfield Convention and Visitors Bureau (CVB) entered
into Agreement No. 07-314 regarding the management of the CVB and the marketing of Bakersfield as a
destination center for conventions, sporting and other events including individual/group travel and tourism.
Over the past several years, the CVB has provided incentives to various non-profit organizations to hold
their events in Bakersfield in order to ultimately generate more sales tax and Transient Occupancy Tax
(TOT) and to market the benefits and advantages of the City as a destination center for holding
conventions. Over the past 13 years, the CVB has contributed to the cost of renting Rabobank Arena and
Convention Center on behalf of the Christian Congregation of Jehovah's Witnesses (JWC). The JWC puts
on five weekend events during the summer and the CVB has contributed $10,000 rental reimbursement to
each of the five events.
The JWC desires to continue to hold its convention in Bakersfield and the City is requesting to continue
the contribution of the costs associated with the rental of Rabobank Arena. Upon receipt of an invoice, the
City, on behalf of the JWC, shall pay SMG $10,000 for rental reimbursement for each of five non-
consecutive weekend events beginning May 29, 200 and ending August 8.
S:Wdmins\City Council\City Council Admins 2009-CVBWW Admin Report 3-09.doc
3/19/2009 9:56 AM
G AK
O` YpVORAt
ADMINISTRATIVE REPORT
~l 'WRY 1L~
'ELI F
MEETING DATE: April ,1, 2009 AGENDA SECTION: Consent Calendar
ITEM: $, ( .
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: March 2, 2009
APPROVED
DEPARTMENT HEAD i~
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Agreement with Wilson & Associates (not to exceed $113,200.00) to provide Continuing
Disclosure services for various Special Assessment Districts. (Wards 3, 4, 5, 6 8 7)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The City currently has 20 active Assessment Districts, with a total bonded
indebtedness of $78,080,000, which all require Continuing Disclosure Certificates. The City
has covenanted in its respective Continuing Disclosure Certificate for the benefit of the ,
Bondholders to provide an annual report containing certain financial information and operating
data relating to each Assessment District and the property within the Assessment District. This
covenant has been made in order to assist the Underwriter in complying with Securities and
Exchange Commission Rule 15c212(b)(5). The City does not have expertise in this area of
reporting requirements.
This agreement will allow us the use of a professional consultant to process these Continuing
Disclosure Reports and meet the deadlines imposed by the Securities and Exchange
Commission. The cost of these services will be charged to the related Special Assessment
District.
S:\AdminlAdmin Reports\Wilson & Assoc Cont Disc
~ BA
-DR~
ADMINISTRATIVE REPORT
c ~~
1
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: $ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager
DATE: March 20, 2009
DEPARTMENT HEAD
CITY ATTORNEY v
CITY MANAGER
SUBJECT: Amendment No. 5 to License Agreement 04-241 with Comput
($5,750.09; revised total not to exceed $236,009.50) to provides M
1029 City Computers.
ems, Inc.,
tenses for
RECOMMENDATION: Staff recommends approval of the purchase
BACKGROUND: On November 19, 2008, the Council approved Amendment 4 to the five year Enterprise
Agreement (Contract No. 04-241) with Microsoft Corporation that allows the City to install the latest
version of Microsoft products on City computers. The agreement covers server and desktop software that
is used for producing letters and spreadsheets and for running the City's Servers, databases and website.
In accordance with the original agreement the City inventories all Microsoft licenses being utilized during
the year and pay for only those licenses being used. This year the cost of licenses being used and
approved by Council total $230,259.41.
After execution of Amendment 4, it was discovered that the tax calculations were incorrect, resulting in an
underestimating of the payment for the software licensing. The tax calculation was underestimated by a
total of $5,750.09.
A
.~
ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: , n ,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: March 6, 2009
APPROVED
~~ f' 1
DEPARTMENT HEAD ~~~ r'~ ;~
CITY ATTORNEY r1~~~"
CITY MANAGER ~S'
SUBJECT: Amendment No. 1 to Agreement No. 07-079 with PlanNet Consulting ($26,600; for a
revised not to exceed amount of $220,730.00) for professional services for a voice
communication systems.
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The consulting services for the voice communication system to replace our current
phone system have additional services required by the City of Bakersfield which will bring the fee over the
budgeted amount of the original contract. We are requesting a contract modification for additional design
services involving 1) Phase F - RFP Development -Drafting and authoring the final document for the
City's use and 2) Phase G -Evaluation & Selection -Review and explanation of the PlanNet process and
documents to 3 City team members; Potential Selection Presentation to the City Manager's Office or City
Council; Extended Project Duration -Overall project schedule has been extended approximately one
month, thus extending the weekly project meetings and communications.
elp 030509
G:IGROUPDATIADMINRPT\2009\0401\Amend 1 PlanNet.doc
t ow., ,
~ ~
ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: $ . o.
T0:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
March 18, 2009
Amendment No. 2 to Consultant's Agreement No. 06-023 with MuniServices, LLC to
expand the scope of work to include property tax audit services.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~s5'
RECOMMENDATION:
Staff recommends approval of contract amendment.
BACKGROUND:
The City entered into Agreement No. 06-023 with MuniServices (Consultant) on January 25, 2006, for
sales and use tax audit "backstop" services and business license audit "backstop" services. In December
2008 the City approved Amendment #1 to this agreement, which expanded their services by adding fuel
tax and credits recovery services to the original agreement. Services include a compliance review of the
City's vehicle fuel purchase and verification that the City is receiving applicable fuel tax refunds or credits
for vehicle fuel purchases. This proposed amendment will again expand their services to include an audit
of property tax revenues for the City and the Redevelopment Agency to ensure that both agencies are
receiving the proper amount of tax revenues from county allocations. MuniServices will investigate and
obtain for the City any tax corrections due which we are not yet identified.
The Consultant has a high degree of experience and expertise in this area which City staff does not have
or City staff is unable to accomplish due to time constraints or limited resources. Compensation for the
property tax audit and recovery service will be based on a contingency fee of 25% of the new revenue the
City actually receives for a three year time period.
nks
March 18, 2009, 1:47PM
S:WdminWdmin ReportsWdmin-muni svs amend 2 apr 2009.doc
MEETING .DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: gj.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~'~
DATE: March 12, 2009 CITY ATTORNEY
CITY MANAGER ,eS
SUBJECT: Amendment to agreement and appropriation of funds to prepare Environmental Impact
Reports for General Plan Amendment/Zone Change No. 06-1877 (Bakersfield Commons
Project) located north of Brimhall Road, generally east and west of Coffee Road.
(Wards 2 and 4).
Amendment No. 1 to Agreement No. 07-021 with Christopher A. Joseph ~
Associates ($195,162.00) for preparation of an Environmental Impact Report (EIR).
2. Appropriate $195,162.00 (developers' contribution) to the Development Services
operating budget in the General Fund for the EIR consultant.
RECOMMENDATION:
Staff recommends approval of amendment to the agreement and appropriation of funds.
BACKGROUND:
The current contract amount with Christopher A. Joseph & Associates, the EIR consultant, preparing
the EIR for the Bakersfield Commons Project located north of Brimhall Road, generally east and west of
Coffee Road is $214,838. With this addition the contract with Christopher A. Joseph & Associates will
increase by $195,162 to total $410,000. No City funding is required for this contract. This increase is
necessary to cover additional technical studies, analysis of additional alternatives, and associated
revisions to the environmental analysis which was not originally anticipated. The funds to cover the
consultant costs to process the EIR come from the project applicant.
The project consists of an amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan and concurrent Zone Change covering approximately 255 acres. The mixed-use project
includes approximately 1,650,000 square feet of retail commercial, 1,000,000 square feet. of office
commercial, 345 multi-family dwelling units, and 80 single-family homes. The central design feature is
an upscale lifestyle retail center, restaurants, entertainment, and major tenants, in a walkable, highly-
amenitized setting. The Project would also provide a network of landscaped bike trails and pedestrian
walkways, creating ready access for vehicles, bicycles, and pedestrians, preserving a predominantly
pedestrian, outdoor-oriented sense of urban place that is linked to adjoining neighborhoods.
RB // S:\GPA 1st 2009108-1877 (Bakersfield Common EIR)1Agreements - Contradsl6udget AmendmentWd R Amend to agreement.doc
A
~ ~
ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: March 18, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Amendment No. 2 to Agreement No. 07-110 with Pavement Recycling Systems,
Incorporated extending the term for one (1) year and adding $800,000 (for a total not to
exceed amount of $3,200,000) to the Annual Contract for cold planing. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On March 28, 2007, Council awarded the Annual Contract for cold planing, in the
amount of $1,200,000. Cold planing is the surface grinding process necessary to prepare streets for
paving overlay performed by City crews. The agreement allows for four (4) consecutive one-year
extensions, if all parties agree. On April 9, 2008, Council executed Amendment No. 1 adding an additional
$1,200,000 for a revised not to exceed amount of $2,400,000 and extending term one year to expire in
April 2009. If approved, Amendment No. 2 will add $800,000 for a revised not to exceed amount of
$3,200,000 and will extend term one year to expire in April 2010. Extending the Agreement allows the
City to continue working with a good provider and saves staff time and efforts required if this item were to
be re-bid.
Purchasing Division
S:~PURCHWDMIMAmendmentsWnendment #2 to Agreement 007-110, Pavement Recycling Systems, April 1, 2009.doc
March 18, 2009, 2:40PM
A
ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: , r,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: March 19, 2009
APPROVED
DEPARTMENT HEAD ~'~
CITY ATTORNEY
CITY MANAGERS _
SUBJECT: Contract Change Order No. 1 to Agreement No. 08-211 with Granite Construction
Company ($28,697.81 for a revised not to exceed amount of $885,553.81) for the
project known as Mill Creek Linear Park Phase 5A Canal Facilities. (Ward 2)
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: This project provides for the construction of all canal improvements and rough grading
work for the Millcreek Linear Park between 17"' Street and 18"' Street.
During construction, a previously undetected sewer line was discovered on 17~' Street attached to the
bridge structure to be removed as part of this project. As such, this line must be relocated, reconfigured,
and placed in a steel casing in order for this sewer line to remain in service. The contractor has agreed to
do this work for the lump sum price of $19,626.23.
A temporary drainage line must be installed on 17~' Street due to eliminating the curb flow area on the
bridge removed as part of this project. A permanent drainage solution for this area will be constructed in
the next phase of the Millcreek project being done this spring. The contractor has agreed to install this
drainage line for the lump sum price of $237.57.
The bridge across the canal on 17~' Street was removed as part of this project. As such, the resulting road
closure will need to be maintained until the cul-de-sacs being constructed on the next phase of the
Millcreek project can be constructed. In order to facilitate this interim road closure, the contractor has
agreed to provide and install six (6) sections of concrete barrier railing for the lump sum price of
$5,165.01. This barrier railing will become the property of the City of Bakersfield and can be used on
other street improvement projects as needed.
In order to construct this project per the plans and specifications, several contract item quantities had to be
either increased or decreased. These increases and decreases in quantities will result in a net cost
increase of $3,669.00.
This is the first change order to be submitted for this project. This change order will increase the project
total by $28,697.81 (which results in a 3.3% increase of the original contract amount) as illustrated below:
Original Contract Amount = $856,856.00
Amended Contract Agreement after Change Orders = $885,553.81
Net Increase to date = $ 28,697.81
RM (ConsVuctlon)
March 19, 2009, 10:26AM
G:\GROUPDATVIDMINRPT\2009\0401\CCO 1 Millcreek Canal Phase 5A.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: g . 5.
TO: Honorable Mayor and City Council APP~}ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~'~ 1..1
DATE: March 12, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Contract Change Order No. 4 to Agreement No. 08-039 with V Lopez and Sons, Inc.
($11,922.10 for a revised not to exceed amount of $852,845.05) for the project
known as Streetscape and Storm Drain Improvements 19~' Street at Eye Street.
(Ward 2)
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: This project provides for installing decorative concrete and lighting as well as storm
drain facilities at the intersection of 19"' Street and Eye Street. This will replace aged and deteriorated
roadway, sidewalk and street lighting with decorative streetscape features as well as improving the street
drainage in this area.
In order to construct the project per the plans and specifications, several contract item,quantities had to be
either increased or decreased as outlined in the attached Contract Change Order. The contractor has
agreed to accept the contract unit price for the increased and decreased item quantities which will result in
a net cost increase of $11,922.10.
This is the fourth change order to be submitted for this project. This change order will increase the project
total by $11,922.10. The change orders to date on this project reflect a net increase of $73,035.75 (which
is an increase of 9.4% of the original contract amount) as illustrated below:
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
_ $779,809.30
_ $852,845.05
_ $ 73,035.75
March 12, 2009, 10:44AM
G:\GROUPDAT\ADMINRPT\2009\0401\000 419th and Eye Streetscape.doc
'~ _,o ^~
ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 AGENDA SECTION: Consent Calendar
ITEM: $. f.
T0: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: March 19, 2009
APPROVED
DEPARTMENT HEAD NS
CITY ATTORNEY y~
CITY MANAGER ,PS
SUBJECT: Accept transfer and appropriate residual fund balance in the amount of $ 229,154.31 from
the Bakersfield Public Financing Authority to the City of Bakersfield Capital Outlay Fund
for future capital or maintenance needs of the Rabobank Arena and Convention Center
complex.
RECOMMENDATION: Staff recommends acceptance of the transfer and authorization of the
appropriation.
BACKGROUND:
The Bakersfield Public Financing Authority (the Authority) was originally created in 1993 to facilitate
the issuance of several bond transactions (in 1994) including debt related to the Convention Center
Ballrooms and Meeting Rooms, bridge projects, sewer projects, and the refinancing of some
Assessment District debt.
The debt issues have all been paid in full as of October 2008 and there remains a residual fund
balance within the Authority funds. These residual monies are the surplus interest earnings on the
reserve fund that were not needed to make the final debt retirement payment. Transfer of these
funds to the City will allow staff to close out the financial records of the Authority this fiscal year, which
will save the organization in future costs of annual audits and related financial reporting for the PFA.
Staff is requesting to transfer these monies to the City's Capital Outlay Fund as a one time revenue
source to fund future capital or maintenance needs of the Rabobank Arena and Convention Center
complex.
nks
S:WdminWdmin -PFA close out city action on transfer to city April 1, 2009.doc
March 19, 2009
4826-0198-1440.2
'/ .,
- F'~ ~ IL l,, _,
.^% .~=,~~io. ..
~`~ - ~ ~:-~- ADMINISTRATIVE REPORT
~~. .:
MEETING DATE: April 1, 2009 I AGENDA SECTION: Reports
ITEM: r'3~ U..
TO
FROM:
DATE:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
March 20, 2009
PROVED
DEPARTMENT HE ~~~
CITY ATTORNEY ~~
CITY MANAGER
SUBJECT: Appropriate $147,500 Old Town Kern Redevelopment Project Area Fund Balance to the
operating budget within the Old Town Kern Redevelopment Project Area Fund for Mill
Creek Area project infrastructure, utilities and undergrounding. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Mill Creek Area project located between Golden State Highway, California Avenue, Union Avenue,
and "N" Street is under construction and will require infrastructure, utilities and undergrounding
improvements. These improvements will be located within the Old Town Kern-Pioneer Redevelopment
Project Area
On May 21, 2008, the City Council adopted Resolution 076-08 establishing the South Mill Creek
Underground Utility District, District 2, Division 32, under PG&E Rule 20A and California Public Utility
Commission regulations to underground the electrical service for the Mill Creek Area project. The utility
companies will remove their overhead facilities when the underground work is done; and the Rule 20A
fund allows for electrical service panel conversions for each commercial and residential customer.
Funds will be used to reimburse PG8~E $105,190.20 "Exhibit A" for work completed to date. In addition,
the balance $42,309 will be used for additional infrastructure and utility related improvements in the Mill
Creek Area.
S:WdminslCity Council\City Council Admins 2009N9th Street Mixed Use A.doc
~ OF~ oxK~~s~
U ['
O
cq,~, ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 AGENDA SECTION: Hearing
ITEM: (~ a.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director.
APP OVED
~~
DEPARTMENT HEAD ,~ •-
6
CITY ATTORNEY
DATE: March 5, 2009 CITY MANAGER ,~_
SUBJECT: Resolution increasing hangar and tie-down fees for the Bakersfield Municipal Airport.
(Ward 1).
RECOMMENDATION: Budget and Finance Committee recommends adoption of resolution.
BACKGROUND: State law requires new fees and charges, as well as increases in existing fees
and charges be adopted by ordinance or resolution following a public hearing. A public hearing was
held on April 1, 2009.
The last rate increase for the Airport was done in 2002. Rate increases are recommended to insure
operating revenues recover operating costs. These rates are consistent with rates charged at
nearby airports (see Exhibit "A").
Informational notices were mailed to current lessees at the Airport notifying them of the proposed
increase and hearing date.
The proposed rate increases were presented to the Budget and Finance Committee which after
review and one public statement, directed staff to further investigate the "Port-a-Port" rates and
recommend the appropriate rate to the Council.
After further investigation, staff revised the proposed rate for "Port-a-Ports" from a 2 year 140%
increase to a more standard 10% increase. The confusion came from the various descriptions that
other area airports use for "Port-a-Port" and a misunderstanding of other area airport rate structures.
G:\GROUPDA'1~ADMINRP7~2009\04-01\Aitport Reso.doc
SH:elp
~~ von, e
!~ '~ Cn
ADMINISTRATIVE REPORT
1
MEETING DATE: April 1, 2009 AGENDA SECTION: Hearing
ITEM: q , b ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 1, 2009
CITY MANAGER ,eS
Public Hearing to consider Resolution ordering the Summary Vacation of County Road 769,
located off Alfred Harrell Highway and northeast of Fairfax Road. (Ward 3)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The City has received a request from the Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group for the summary vacation of County Road 769, located off Alfred Harrell
Highway and northeast of Fairfax Road (APN 436-061-13 and 436-061-15). The property has
experienced historic and current illegal refuse dumping. The vacation will prevent access to both parcels
and eliminate illegal dumping.
This dedication is eligible for summary vacation per Section 8334 of the Streets and Highways Code which
authorizes the City Council to summarily vacate an excess street right of way which is not needed for
street purposes.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been noted of the request and no objections have been received as of the date of this report
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. There has been no objection as of the
date of this report.
Notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating
area. Public Works has not received any written objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on February 27, 2009 per local
ordinance and was found 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 (bx3) of CEQA guidelines (Categorical Exemption), because there is no
possibility that the action may have a significant effect on the environment.
S:1Street Vacations\CO. ROAD 7f391R01 Summary Vacation Co Road 769 Admin.doc
Bi oe„
~ ~ i
° ADMINISTRATIVE REPORT
~.~
lF0
MEETING DATE: April 1, 2009 AGENDA SECTION: Reports
ITEM: ~ ,Q ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March 23, 2009
Report from the Budget and Finance Committee on Streamlining the Billing System for Blue
Cart Recycling Service
A PROVED
DEPARTMENT HEAD ~„
CITY ATTORNEY ~ /'~
CITY MANAGER
RECOMMENDATION: The Committee recommends that the City Council direct staff to schedule a public
hearing and make improvements to the billing system as outlined in the report.
BACKGROUND: At the December 17, 2008 City Council meeting, staff presented a report on recycling
program issues. One section of the report addressed ways to expand the City's blue cart recycling
program. The City Council referred the report to the Budget and Finance Committee for further
consideration of detailed issues.
At its March 30, 2009 meeting, the Budget and Finance Committee will consider the December 17th
recycling report, as referred by City Council. Staff will recommend that the committee act on one item
contained in the report, which is streamlining the billing system for blue cart recycling customers. The
attached report describes how the recommended change is to be implemented.
The billing system change will replace cumbersome quarterly billings, which customers find confusing,
with one annual collection of the voluntary blue cart service fee on the property tax roll. A customer
survey indicated that most participants would rather pay the recycling fee on their property tax bill, to avoid
writing a quarterly heck for only $12. This would not make blue cart recycling mandatory; rather, it would
simply establish that the optional service would be billed on the property tax bill if the service is requested
by the property owner.
Billing for blue carts would then be consistent with the way new residential refuse accounts are handled.
To start service, residents pay up front from the start date to the next July 1st, and then are billed on the
tax roll afterward. In the case of optional blue cart service, it would remain on the tax roll unless the owner
requests termination of the service. This way, new owners would not be forced to continue if they buy a
home that has a blue cart.
Date prepared: March 23, 2009, 8:48AM (kb)
G:\GROUPDATWDMINRPT\2009\04-01\Recycling Report from B&F Committee.doc
~ A,,,
ti !
° ADMINISTRATIVE REPORT
Y
1
MEETING DATE: April 1, 2009 AGENDA SECTION: New Business
ITEM: ~ 3 . a, .
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: March 19, 2009 CITY ATTORNEY,
CITY MANAGE
SUBJECT: Amendment No. 3. to Resolution No. 136-08 Setting Salaries and Related benefits for
Officers and Employees of the General Supervisory, Police Supervisory (Non-Safety), and
Management Units
RECOMMENDATION:
1. Staff recommends adoption of the resolution which rescinds the 4% salary increase scheduled to
go into effect December 21, 2009 for General Supervisory, Police Supervisory (Non-Safety), and
Management employees.
2. Express the thanks of the City of Bakersfield for the cooperation and understanding of the
supervisory and management employees for making this sacrifice to assist in reducing the budget
shortfall.
BACKGROUND:
On August 8, 2008, the City Council approved a resolution for the Management and Supervisory Units that
was based on the SEIU settlement for employees of the Blue and White Collar Unit. The resolution,
effective from January 1, 2008 to December 31, 2010 included salary increases, as follows:
a. 3% effective December 24, 2007
b. 1 % effective July 7, 2008
c. 4% effective December 22, 2008
d. 4% effective December 21, 2009
Unfortunately, the adverse state of the economy on the local, state, and national level has had a very
negative effect on the City's major sources of General Fund revenue. As reported through the series of
budget updates we have provided you, sales and property taxes and development fees have been in
steady and significant decline. In my most recent budget report to the City Council, presented on March
11, 2009, I described the damages to date, including the elimination of 141 full time positions. I also
indicated in my report that additional reductions in the amount of $6.0 million are needed, based on the
additional projected loss of property tax and sales tax.
March 20, 2009, 8:15AM
Amend-Reso-FourPercent-031909
AT:RS
The hiring freeze is not a sufficient action to deal with the shortfall. Moreover, there is a negative impact
on service levels in the most heavily affected City departments, including the Police Department, where it
will not be feasible to continue the hiring freeze. Given the reductions that have already been
implemented, there simply is not a painless way to make up the $6.0 million shortfall. After significant
analysis and discussion, the department heads and I are of the consensus that the preferred course of
action to reduce the shortfall to approximately $3.0 million is to ask all City employees to give up the next
4% cost-of-living pay increase, which would be effective in December, 2009.
On March 12, 2009, I met with representatives of the SEIU Blue and White Collar Collective Bargaining
Unit to explain the City's worsening financial circumstances and to request that they present to their
members the proposal to relinquish the 4% cost-of-living pay increase in December, 2009. Formal
negotiations are to be held in consideration of our request. To be totally equitable, the intention is to
ensure that all City employees forgo the 4% increase. Therefore, while ongoing negotiations continue with
the public safety units whose contracts have expired, the offer of a 4% cost-of-living pay increase that
would have been effective in the third year of their proposed agreements has been retracted.
In addition to meetings that have been held within the departments on this subject, I held a meeting on
March 17, 2009 with the supervisory and management employees to make the same proposal that was
presented to the Blue and White Unit. While it is a disappointing situation for them to accept, they are
willing to give up the December 2009 pay raise, with the understanding that it will apply to all City
employees, so everyone is treated equally and fairly.
The proposed amendment to Resolution No. 136-08 will rescind the 4.0% salary increase scheduled for
December 21, 2009 for the General Supervisory, Police Supervisory (Non-Safety) and Management Units.
It is very difficult to ask our City employees to make this sacrifice. However, it is admirable that they
recognize we are in the midst of unprecedented financial circumstances caused by the bad economy, and
they are willing to do their part to help out. They are also realistic in understanding that forgoing the
December pay increase is only a part of making up the $6.0 million shortfall. They realize that it is a better
alternative than other actions that would cause more.direct and significant damage to our already strained
operations. We are truly appreciative of their cooperation during these difficult and challenging times and
thank them for their cooperation.
March 20, 2009, 8:20AM
Amend-Reso-FourPen;ent-031909
AT:RS
MEETING DATE: April 1, 2009 AGENDA SECTION: New Business
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT
DATE: March 25, 2009 CITY ATTORNEY,
CITY MANAGER
SUBJECT: Agreements with Mountain View Bravo, LLC and Hillcrest Bank (Ward 3).
Amendment No. 4 to Agreement No. 05-285 and Settlement Agreement with Mountain
View Bravo, LLC and Hillcrest Bank.
2. Resolution Terminating Park Improvement Agreements 06-365 and 06-366.
RECOMMENDATION: Staff recommends~approval of Amendment No. 4 and adoption of the Resolution.
BACKGROUND:
On July 20, 2005, Mountain View Bravo, LLC (MVB) and the City entered into an Acquisition and
Disclosure Agreement, No. 05-285 (Agreement), wherein MVB agreed to construct specific public
improvements for property located in northeast Bakersfield. Assessment District No. 05-1 (City in the
Hills) was formed and generally includes the area east of Vineland Road, south of Paladino Drive, west of
Masterson Street and north of Highway 178. The Agreement provides the terms and conditions under
which MVB is to provide for the construction and installation of certain prescribed improvements and the
terms and conditions under which the City would sell limited obligation improvement bonds for AD 05-1
and acquire the improvements with the proceeds.
These improvements include constructing sections of City in the Hills Drive, Panorama Drive, Vineland
Road, Masterson Street and Paladino Drive which are within the boundaries of AD 05-1. Other items of
construction include a detention basin, curbs, gutters, sidewalks, median curb, street lights, storm drains,
traffic signals, block walls, grading, sewers and paving improvements. Amendment No. 1 to the
Agreement allowed MVB to be reimbursed for completed improvements in an expedited timeframe under
certain conditions. Amendment No. 2 allowed MVB to assign their remaining reimbursement rights for
constructed improvements acquired by the City to Hillcrest Bank. Amendment No. 3 allowed for the
reimbursement for construction of Masterson Street (one of the public improvements to be constructed
and acquired under AD 05-1) to be paid in two phases.
The total estimated amount of public improvements to be constructed by MVB and acquired by the City is
$13,144,022. To date, the City has acquired completed improvements totaling $4,181,437.88. MVB has
constructed additional public improvements within AD 05-1 totaling $3,375,000, which have yet to be
acquired by the City.
Due to current economic conditions MVB is in a financial position that prevents them from being able to
complete the remaining improvements required in AD 05-1. The reality of this situation is evidenced by
ADMINISTRATIVE REPORT
the incomplete/unconstructed improvements that remain in City in the Hills. Most notable is Masterson
Street where the existing two-lane road was torn up for reconstruction. Currently the road remains
incomplete, unpaved and unusable. This has led to numerous and ongoing complaints from those who
live in the area and utilize this road. In addition to the work that remains to be constructed, certain
contractors and subcontractors who constructed portions of the public improvements within AD 05-1 have
filed mechanics' liens and/or lawsuits seeking payment for their work. Due to their inability to fulfill their
responsibilities under the Agreement, MVB wishes to be released of any further obligations to construct
the remaining public improvements that have yet to be built.
AMENDMENT No. 4
In an effort to provide a resolution to this situation and to ensure that the remaining public improvements in
AD 05-1 are completed, the City has negotiated Amendment No. 4 to the Agreement which provides for
the following:
1. MVB and Hillcrest Bank will settle all known mechanics' liens and lawsuits relating, in any manner,
to AD 05-1 funds;
2. MVB and Hillcrest Bank will provide the City with lien-free guarantees for the remaining constructed
public improvements that have yet to be acquired by the City;
3. The City will acquire the remaining, lien-free, improvements constructed by MVB by releasing
$3,375,000 in reimbursement funds from AD 05-1 to Hillcrest Bank;
4. The City will release $3,000,000, through an escrow process following the execution of the
Agreement, to Hillcrest Bank. The City will retain $375,000 of the total $3,375,000 for six (6)
months to cover any potential, unknown, claims that may arise in relation to any work that has
been done in AD 05-1. After six (6) months the remainder of the $375,000 will be paid to Hillcrest
Bank;
5. All remaining reimbursement rights under the Agreement, notwithstanding what has already been
reimbursed, will be assigned to the City;
6. The City will be responsible for having the remaining public improvements in AD 05-1 constructed;
and
7. MVB and Hillcrest Bank will waive and forever discharge the City for any further claim to AD 05-1
proceeds, as well as any other claim to any City monies arising out of or connected in any way with
the public improvements to be constructed and acquired under the Agreement. In addition, MVB
will indemnify the City for any potential future action that may arise relating to any work that has
been done in AD 05-1 prior to the date of the Agreement.
Execution of Amendment No. 4 will provide that MVB and Hillcrest Bank have settled all lawsuits and
mechanics' liens filed in connection with work performed on public improvements related to AD 05-1,
thereby allowing the City to access the remaining AD 05-1 funds and facilitate the completion of
Masterson Street as well as the rest of the remaining public improvements included in AD 05-1. Based
upon the engineer's estimates for the remaining work, staff believes that sufficient funds remain in AD 05-
1 to complete the balance of the required improvements. The City will negotiate with other developers in
the area in an effort to determine what if any of the improvements they might be willing to construct in
place of MVB. The City is requiring withholding the funds identified in item 4 above, and the
indemnification discussed in item 7 above, as added protection for the City in the unlikely event there
would be any potential future exposure as a result of this Agreement.
AT:st
Page 2 of 3
ADMINISTRATIVE REPORT
Termination of Park Agreements 06-365 and 06-366
On November 29, 2006 MVB and the City entered into two Park Improvement Agreements, referenced
above, for City in the Hills Park West (located at City Hills Drive and Manchester Lane) and City in the Hills
Park East (located at City Hills Drive and Kuma Way). These agreements specified when construction of
each park was to begin and be completed, as well as how each park was to be constructed. Both
agreements included City approved concept plans for each park that called for specific upgraded design
features that were beyond typical City standards. Construction of each park was to begin no later than
upon the two-hundredth (2001) building permit for Vesting Tentative Tract 6406 for the west park and 6498
for the east park.
MVB sold both of the tracts above to other builders who are not a party to the two Park Development
Agreements. These builders are currently constructing homes in both areas and would be forced to stop
building if the 200~h permit is pulled and construction of the corresponding required park has not begun.
Given MVB's current situation, this will likely be the case.
The City is proposing to alleviate this problem by terminating the two Park Development Agreements with
MVB. Following the termination of these agreements, the City would be free to enter into new agreements
for construction of the two parks with the active builders in each area. It should be noted that while this
solution will allow for the construction of these two parks to proceed in the near-term, the future
development of each park will take place according to current City standards. This will result in the loss of
some amenities/features that are included in the current concept plans and which also may have been
featured in advertisement materials for the City in the Hills development.
It is a unique experience for the City to be taking back the oversight of an assessment district as is being
proposed here. Unfortunately, it is a sign of the unusual and difficult economic times we are in that such
an action is necessary. It is, however, the only way in which we can envision clearing the liens and
moving forward with the completion of the public improvements in a timely manner.
AT:st
Page 3 of 3
A
0
~ ~ r
o
ti
ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 AGENDA SECTION: Closed Session
ITEM: (~{ ,c~, ,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD /~
DATE: March 12, 2009 CITY ATTORNEY ~G
CITY MANAGER ~s
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
S:\COUNCIL\CI Sess\Admins\D8-09\4-1-09LaborNeg.doc
~ A
~ ~ r
o
c l
ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 AGENDA SECTION: Closed Session
ITEM: (~{ , b,
T0: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: March 12, 2009
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY ~~
CITY MANAGER
SUBJECT: Conference with Legal Counsel -Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• John M. Tarabino, et al. v. City of Bakersfield
KCSC Case No. S-1500-CV-257620 SPC
VG:Isc
S:\COUNCIL\CI SessWdminsWB-09\4-1-09ExistLit.doc
A
~ ,! /
U O
u
ADMINISTRATIVE REPORT
MEETING DATE: April 1, 2009 AGENDA SECTION: Closed Session
ITEM: (~-{, G.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: March 18, 2009
APPR VED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /~
SUBJECT: Conference with Legal Counsel -Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (One matter)
VG:Isc
S:\COUNCIL\CI SessWdminsWB-09\4-01-09.Potlit.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 11, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Couch, Weir,
Hanson, Sullivan
Absent: Councilmember Benham
2. INVOCATION by Reverend Denzil Holman, Aspostolic
Revival Center.
3. PLEDGE OF ALLEGIANCE by Nicholas Lane, 8th Grade
Student, Freedom Middle School.
Mayor Hall recognized Nicholas Lane, who read an essay
regarding American Veterans.
4. PUBLIC STATEMENTS
a. Gene Tackett spoke regarding a High Speed Rail
scoping meeting on March 26, from 3:00 - 7:00
p.m., at the Rabobank Theater lobby, and provided
written material.
b. Marvin Dean requested the removal for separate
consideration of Consent Calendar items 9.a., 8.j.
and 8.u., provided written material and spoke
regarding the Federal Highway Administration's
implementation of its 2009 Disadvantaged Business
Enterprise program.
5. WORKSHOPS
ACTION TAKEN
None.
Bakersfield, California, March 11, 2009 -Page 2
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Judy Normoyle, Legacy One, declaring April as
National Donate Life Month.
Judy Normoyle received the Proclamation and made
comments.
b. Presentation by Mayor Hall of a Proclamation to
Susan Handy, Director of Adult Education, Kern
High School District, declaring March 9-13, 2009, as
Adult Education Week.
Susan Handy received the Proclamation and made
comments.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 25, 2009
Regular City Council Meeting.
Payments:
ACTION TAKEN
b. Approval of department payments from February 13, ABS WEIR
2009 to February 26, 2009 in the amount of
$7,499,736.10 and self-insurance payments from
February 13, 2009 to February 26, 2009 in the
amount of $197,622.62.
Ordinances:
c. Adoption of Ordinance amending Municipal Code ORD 4567
Sections 1.12.010, 1.12.060 and 1.12.070 by adding
Annexation No. 580 consisting of 1.20 acres located
on the south side of Highway 58, east of South Real
Road and Annexation No. 585 consisting of 3.32
acres located on the south side of Wilson Road,
between S. Chester Avenue and S. P Street to
Ward 1; Annexation No. 575 consisting of 21.20
acres located at the southeast corner of Taft
Highway and Gosford Road to Ward 6; and,
Annexation No. 592 consisting of 0.37 acres located
at 5701 Akers Road, east of Harris Road to Ward 7.
(FR 2/25/09)
Bakersfield, California, March 11, 2009 -Page 3
8.
CONSENT CALENDAR continued
d. Adoption of Ordinance amending Title 17 of the
Municipal Code (Zone Map Nos. 104-01, 104-10,
104-11, 104-12 & 105-6) to change the zoning on
approximately 1,863 acres generally located to the
east of Alfred Harrell Highway and extends to the
City's eastern boundary encompassing both sides of
State Route 178. (ZC 06-1722) (Applicant:
McIntosh & Associates) (FR Z/11/09)
ACTION TAKEN
ORD 4568
ORD 4569
ABS COUCH
e. Adoption of Ordinance approving a Negative
Declaration, denying the appeal and amending Title
17 of the Municipal Code (Zone Map No. 103-30) by
changing the zoning from OS (Open Space) to C-C
(Commercial Center) on 2.5 acres located east of
the Kern Island Canal between 19th and 21St Streets.
(ZC 08-1238) (Applicant: City) (FR 2/11/09)
Resolutions:
f. Sewer Construction and Connection Fee
Assessment for 4408 Joseph Drive:
1. Resolution confirming assessments for the
construction and connection fees and
authorizing the collection of assessments by
the Kern County Tax Collector.
2. Agreement with Wynandus E. Blaauw to pay
construction and connection fees in
installments and notice of special
assessment lien.
g. Resolution calling and giving notice of holding a
Special Municipal Election ordering territory
designated as Kimberly No. 1 Annexation to be
annexed to the City subject to confirmation by the
registered voters which shall be held on Tuesday,
June 16, 2009.
h. Motorola Radio Equipment:
1. Resolution determining that Motorola radio
equipment cannot be obtained through usual
bidding procedures and authorizing the
Finance Director to dispense with bidding
therefore, not to exceed $440,000.
2. Approve purchase of replacement portable
radios and related equipment from Motorola
Communications, Inc. ($440,000).
RES 027-09
AGR 09-027
RES 028-09
RES 029-09
Bakersfield, California, March 11, 2009 -Page 4
8. CONSENT CALENDAR continued
Resolution authorizing filing of application, verifying
that sufficient funds are available and that all other
matters requisite to awarding the contract for the
Grade Separation on Mohawk Street at the
Burlington Northern and Santa Fe Railway Tracks
will be undertaken. (TRIP)
Agreements:
j. Agreement with Nolte Associates, Inc.
($4,193,571.48) for construction management
services for Westside Parkway Phase 1 -Mohawk
Extension. (TRIP)
k. Agreement with William Avery & Associates, Inc.
(total not to exceed $49,800, including expenses)
for negotiation and consultant services in employer-
employee relations for a term of one (1) year.
I. Amendment No. 1 to Agreement No. PW08-056 with
Abacus IMT ($39,000; revised total not to exceed
$79,900) for repair and maintenance of
cogeneration engine systems at Wastewater
Treatment Plant Nos. 2 and 3.
m. Amendment No. 1 to Agreement No. 08-175 with M.
H. Wolfe & Associates Environmental Consultants,
Inc. ($45,528.25; revised total not to exceed
$123,171.25) to expand the scope of work for
providing environmental monitoring for the Allen
Road Bridge of the Kern River Project.
n. Amendment No. 1 to Agreement No. 05-132 with
H & H Engineering Construction, Inc. for repair and
maintenance of Bakersfield Amtrak Railroad
(extends contract term; no increase in
compensation).
o. Amendment No. 1 to Agreement No. 08-048 with
San Joaquin Fence & Supply extending term for one
(1) year for fencing.
p. Amendment No. 2 to Agreement No. 07-084 with
Jim Alfter Construction ($100,000; revised total not
to exceed $350,000) extending term for one (1) year
for canal liner repair.
q. Amendment No. 2 to Agreement No. 05-008 with
Kennedy/Jenks Consultants ($112,900; revised total
not to exceed $337,900) to update the City's
Domestic Water System Hydraulic Model.
ACTION TAKEN
RES 030-09
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 09-029
AGR 09-030
AGR 08-175(1)
AGR 05-132(1)
AGR OS-048(1)
AGR 07-084(2)
AGR 05-008(2)
Bakersfield, California, March 11, 2009 -Page 5
8. CONSENT CALENDAR continued
Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
1. Contract Change Order No. 5 to Agreement
No. 07-302 with Kiewit Pacific Corp.
($400,815; revised total not to exceed
$212,719,330) for project.
2. Transfer $400,815 contingency established
for the Wastewater Treatment Plan No. 3
Expansion Project to the Public Works
Department Capital Improvement Budget.
Contract Change Order No. 3 to Agreement No.
07-422 with Griffith Company (73,144.14; revised
total not to exceed $6,096,458.73) for the Northeast
Sewer Project -Phase 3.
Contract Change Order No. 2 to Agreement No.
08-068 with Kern Pacific Construction Co.
($65,265.93; revised total not to exceed
$1,725,523.53) for the 22"d Street Storm Drain
Project.
Bids:
u. Mill Creek Linear Park & Canal Refurbishment
Project Phases 2, 4, 5A & 5B Park Amenities
Project:
1. Accept base bid, additive alternate nos. 1
and 2 and award contract to Elite
Landscaping, Inc. ($3,998,834) for the
construction of project.
2. Transfer $1,000,000 from the Southeast
Redevelopment Project Area Operating
Budget to the Capital Improvement Budget
within the Southeast Project Area Fund.
v. Accept bid and award contract to Loop Electric, Inc.
($149,393.51) for construction of street
improvement plans for Calloway Drive at Norris
Road.
Miscellaneous:
ACTION TAKEN
AGR 07-302
0005
AGR 07-422
0003
AGR 08-068
0002
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 09-032
w. Acceptance of Financial Audit Reports. (Budget 8
Finance Committee)
Bakersfield, California, March 11, 2009 -Page 6
8.
CONSENT CALENDAR continued ACTION TAKEN
x. Installation of flashing yellow beacon and handicap
ramp at two existing school crossings located along
Planz Road for Pauly Elementary School and South
High School.
1. Appropriate $65,520 California Safe Route to
School grant to the Public Works
Department Capital Improvement Budget
within the Gas Tax Fund for both projects.
2. Transfer $7,280 from a budgeted Public
Works Department Capital Improvement
Project (Traffic Signal Interconnect) within
the Gas Tax Fund to fund the local match
requirement of 10% for both school crossing
projects.
City Clerk McCarthy announced item 8.p. should read
"Amentment No. 2".
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
Councilmember Couch announced he would abstain
due to conflict of interest, source of income to himself
and his employer, on items 8.e. and 8.u.
At the request of Councilmember Carson, items 8 j, and
8.u, were removed forseparate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through x., with the removal for AB BENHAM
separate consideration of items 8 j and u.
j. Agreement with Nolte Associates, Inc. AGR 09-028
($4,193,571.48) for construction management
services for Westside Parkway Phase 1 -Mohawk
Extension. (TRIP)
City Manager Tandy responded to questions from
Councilmember Carson.
Councilmember Carson requested staff contact
the contractor to see if they can meet with local
workers regarding its hiring practices.
Motion by Councilmember Carson to adopt APPROVED
AB BENHAM
Consent Calendar item 8 j.
Bakersfield, California, March 11, 2009 -Page 7
8.
CONSENT CALENDAR continued
ACTION TAKEN
9.
Bids:
u. Mill Creek Linear Park & Canal Refurbishment
Project Phases 2, 4, 5A & 5B Park Amenities
Project:
1. Accept base bid, additive alternate nos. 1
and 2 and award contract to Elite
Landscaping, Inc. ($3,998,834) for the
construction of project.
2. Transfer $1,000,000 from the Southeast
Redevelopment Project Area Operating
Budget to the Capital Improvement Budget
within the Southeast Project Area Fund.
At the request of Councilmember Carson, Economic
Development Director Kunz responded to questions
regarding item 8.u.2.
Councilmember Carson requested that staff ask
the contractor to consider using local workers.
Motion by Councilmember Carson to adopt item
8. u.
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution to authorize
the Bakersfield Redevelopment Agency to transfer
and sell 1.53 acres of real property located at 1303
S Street in the amount of $1,000,001 and hold a
$2,700,000 zero interest note with a balloon
payment due and payable in 55 years from Millcreek
Courtyard LLC to the Bakersfield Redevelopment
Agency for the development of 57 affordable
apartments as Phase 3 of the South Mill Creek
Mixed Use Redevelopment Project.
City Clerk McCarthy announced correspondence
was received from Jack Bellows, Tom Edmonds and
Ray Reilly in opposition to the staff
recommendation.
Hearing opened at 5:50 p.m.
Councilmember Carson asked that this item be
removed for separate consideration.
A GR 09-031
APPROVED
ABS COUCH
AB BENHAM
REMOVED FOR
SEPARATE
CONSIDERATION
City Attorney Gennaro announced this item will be
heard when Council returns from Closed Session.
Bakersfield, California, March 11, 2009 -Page 8
10. CLOSED SESSION ACTION TAKEN
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. Robert Pratt v City; KCSC Case Nos.
S-1500-CV-253264-AEW,
S-1500-CV-259414-AEW, and
S-1500-CV-261666-AEW .
2. Mohamad Harb, et al v City, et al; KCSC
Case No. S-1500-CV-265887-SPC
Motion by Vice-Mayor Scrivner to adjourn to Closed
Session at 5:53 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 7:21 p.m.
RECONVENED MEETING - 7:24 p.m.
Councilmember Couch left the meeting at 7:24 pm.
11. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to NO REPORTABLE
ACTION -STAFF
Government Code Section 54957.6. GIVEN DIRECTION
b. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. Robert Pratt v City; KCSC Case Nos. NO REPORTABLE
S-1500-CV-253264-AEW, ACTION
S-1500-CV-259414-AEW, and
S-15 00-C V-261666-AEW .
2. Mohamad Harb, et al v City, et al; KCSC STAFF GIVEN
Case No. S-1500-CV-265887-SPC DIRECTION
12. HEARINGS
None.
9.
Bakersfield, California, March 11, 2009 -Page 9
CONSENT CALENDAR HEARINGS continued ACTION TAKEN
a. Public Hearing to consider Resolution to authorize RES 031-09
the Bakersfield Redevelopment Agency to transfer
and sell 1.53 acres of real property located at 1303
S Street in the amount of $1,000,001 and hold a
$2,700,000 zero interest note with a balloon
payment due and payable in 55 years from Millcreek
Courtyard LLC to the Bakersfield Redevelopment
Agency for the development of 57 affordable
apartments as Phase 3 of the South Mill Creek
Mixed Use Redevelopment Project.
City Clerk McCarthy announced correspondence
was received, and Council was provided copies,
from Jack Bellows, Tom Edmonds and Ray Reilly in
opposition to the staff recommendation.
Hearing opened at 5:50 p.m.
Marvin Dean spoke in opposition to the staff
recommendation.
No one spoke in support of the staff
recommendation.
Hearing closed at 7:34 p.m.
Economic Development Director Kunz responded to
questions from Councilmembers Carson and
Hanson.
Motion by Vice-Mayor Scrivner to adopt the APPROVED
Resolution and approve the sale of real AB BENHAM,
property. COUCH
13.
REPORTS
a. Report on the Status of Budget Reductions.
City Manager Tandy gave an overview with a
computer presentation, and responded to questions
from Councilmembers Hanson, Carson and Mayor
Hall.
Vice-Mayor Scrivner commended City Manager
Tandy and staff for their efforts with this issue.
14. DEFERRED BUSINESS
None.
Bakersfield, California, March 11, 2009 -Page 10
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Carson asked for a staff report on
homeless statistics; whether vacant buildings can be
used and remodeled for housing for the homeless; and
the unemployment rate in the City of Bakersfield by
area.
In response to a question by Councilmember Carson,
Police Chief Rector advised that the Bryne JAG Grant is
normally considered one-time monies (i.e., purchase of
equipment, bolster over-time accounts, and for temporary
positions); it is not for ongoing, sustained projects or
positions.
Councilmember Weir suggested staff go back and take
a look at years ago when the General Fund Budget was
in the $145 - 150 Million range and see how the
resources were allocated at that time, which might
provide some ideas to assist with out current budget
issues.
Councilmember Sullivan referred the matter of flower
vendors to the Legislative and Litigation Committee.
Councilmember Sullivan thanked staff for the rapid
response to a constituent request to pick up trash at the
apartment buildings on Planz Road, and she encouraged
the public to pick up their own trash and suggested that the
property owner or property manager should take
responsibility for keeping the trash picked up around their
buildings.
Councilmember Sullivan commended City Manager Tandy
for a good budget report.
Councilmember Sullivan referred to staff an a-mail
regarding a code enforcement issue.
Councilmember Sullivan commended staff regarding the
Press Release about DUI traffic stops.
Councilmember Sullivan asked Mayor Hall for an update
regarding the freeway litter pick-up.
Mayor Hall expressed his concern regarding the lack of
community pride with respect to trash, litter and graffiti; and
noted that Keep Bakersfield Beautiful is working on these
issues on a regular basis.
ACTION TAKEN
Bakersfield, California, March 11, 2009 -Page 11
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Mayor Hall announced training is complete and the freeway
cleanup efforts will be reactivated beginning March 21, and
for the next three months; and his group will also be
participating in the Great American Cleanup on March 28.
Councilmember Carson referred to the City Attorney
and the Legislative and Litigation Committee the
Department of Transportation letter to consider for
policy changes.
17. ADJOURNMENT
Mayor Hall adjourned the meefing at 8:34 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield