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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