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HomeMy WebLinkAbout07/29/09_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL ' AGENDA MEETING OF JULY 29, 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 Reverend Greg Haslow, First Assembly of God Church. 3. PLEDGE OF ALLEGIANCE by Rayleigh Morin, 31d Grade Student at Miller Elementary School. 4. PUBLIC STATEMENTS 5. WORKSHOPS 6. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Herb Walker honoring his beautification efforts in downtown Bakersfield. b. Presentation by Mayor Hall of a Certificate of Appreciation to Mic Hall honoring his parks and Bike Path beautification efforts. 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 7, 2009 Special City Council Meeting and July 15, 2009 Regular City Council Meeting. Payments: b. Approval of department payments from July 1, 2009 to July 16, 2009 in the amount of $25,459,328.47 and self-insurance payments from July 1, 2009 to July 16, 2009 in the amount of $726,761.05. Ordinances: (ward 1,4) c. First Reading of Ordinance amending Municipal Code Sections 1. 12.010 and 1. 12.040 by adding Annexation No. 596 consisting of 50.12 acres located at the southwest corner of Washington Street and Belle Terrace to Ward 1 and Annexation No. 591 consisting of 86.78 acres located on the north side of Brimhall Road, east of Rudd Road to Ward 4. 8. CONSENT CALENDAR continued (Ward 1,23,7) d. First Reading of Ordinance amending Municipal Code Sections 1.12.010, 1.12.020, 1. 12.030 and 1. 12.070 by adding Annexation No. 597 consisting of the following multiple uninhabited County owned properties: County Property No. 1 consisting of 1557.72 acres located south of Casa Loma Drive, east of Mt. Vernon Avenue; County Property No. 2 consisting of 160.51 acres located south of Belle Terrace, west of Union Avenue; County Property No. 3 consisting of 21.12 acres located south of Belle Terrace and west of Cottonwood Road; County Property No. 4 consisting of 17.48 acres located south of Highway 58 east of Cottonwood Road; County Property No. 5 consisting of 94.52 acres located on the west side of Mt. Vernon Avenue, south of Bernard Street; County Property No. 6 consisting of 7.57 acres located at the northeast corner of Cottonwood Road and Belle Terrace; County Property No. 7 consisting of 13,835 square feet located at the northeast corner of Virginia Avenue and S. Williams Street; County Property No. 8 consisting of 2.32 acres located at the northeast corner of Cottonwood Road and Casa Loma Drive; County Property No. 9 consisting of 41,746 square feet located east of Virginia Avenue between Lake Street and Kentucky Street, to Wards 1, 2, 3 & 7. Resolutions: (Ward 4) e. Resolution of Application proposing annexation of uninhabited territory to the City identified as Annexation No. 607 consisting of 1.04 net acres located on the west side of Allen Road, north of Rosedale Highway. f. 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 the demolishment of dangerous buildings and authorize collection of the assessments by the Kern County Tax Collector. Agreements: (Ward 7) g. Final Map and Improvement Agreement with 6152 Partners, LLC for Tract Map 6152 Phase 6 located south of McKee Road and east of Akers Road. (Ward 3) h. Final Map and Improvement Agreement with CAVU/Rock Properties Project 1, LLC for Tract Map 6850 Phase 1 located north of Alfred Harrell Highway and west of Lake Ming Road. i. Transportation Development Act Funds: 1. Agreement with Biking For Fun, Inc. ($50,000) for 50 bicycle and pedestrian safety demonstrations at local schools and other approved events during the course of one year. 2. Appropriate $50,000 Transportation Development Act Article 3 Grant Revenue to the Capital Improvement Budget of the Capital Improvement Budget of the Transportation Development Fund. j. Agreement with Ariel Link to research billing errors on existing telecommunication invoices. 2 City Council Meeting of 07/29/2009 8. CONSENT CALENDAR continued k. Police Service Dogs: 1. Agreement with Master K-9 ($25,835) to purchase two (2) police service dogs and train two (2) Police K-9 handlers. 2. Appropriate $33,420 Seized Asset Forfeiture Revenues to the Police Department Operating Budget in the General Fund for the purchase of two (2) police service dogs, initial 5 week training, lodging and per diem for two (2) Police K-9 handlers. (Ward 4) I. Agreement with Rykal Bakersfield, LLC ($37,135) to reimburse costs for improvements constructed within the Brimhall Planned Drainage Area. (Ward 4) M. Transportation Impact Fee Agreement with Rykal Bakersfield, LLC (not to exceed $25,939) for construction of an expanded intersection at the northeast corner of Brimhall Road and Jewetta Avenue. n. Agreement with PropertyRoom.com to provide removal of surplus property held in the Police Property Room and provide online auction services for said property. o. Agreement with Environmental Research Institute, Inc. (not to exceed $296,000 for 3 year term) to provide licenses and software support for server and client software. P. Amendment No. 2 to Agreement No. 07-196 with Jim Alfter Construction ($2,000,000; revised not to exceed $6,000,000 and extending term for one (1) year) for concrete construction. (Ward 2) q. Amendment No. 2 to Agreement No. 07-082 with AECOM USA, Inc. ($3,038,000) for engineering design services for the Westside Parkway Project. (TRIP) (Ward 4) r. Contract Change Order No. 1 to Agreement No. 08/176 with Carvalho Construction ($14,655.87; revised not to exceed $565,654.87) for The Park at River Walk Maintenance Building project. (Ward 4) s. Contract Change Order No. 20 to Agreement No. 08-062 with Granite Construction ($27,940; revised not to exceed $8,514,272.50) for the Allen Road Improvements between Ming Avenue and Stockdale Highway project. (Ward 2) t. Contract Change Order No. 1 to Agreement No. 08-214 with Security Paving Construction ($77,050; revised not to exceed $27,805,269.81) for the Westside Parkway Phase I - Mohawk Street Extension Project. (TRIP) (Ward 6) U. Wastewater Treatment Plant No. 3 - 2007 Expansion Project: 1. Contract Change Order No. 7 to Agreement No. 07-302 with Kiewit Pacific Corp. ($387,162; revised not to exceed $216,556,492) for the project. 2. Transfer $387,162 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department Capital Improvement Budget. Bids: V. Accept bid and award annual contract to Kern Sprinkler Landscaping, Inc. (not to exceed $90,000) for on-call irrigation and landscape service. 3 City Council Meeting of 07/29/2009 8. CONSENT CALENDAR continued Miscellaneous: (Ward 7) w. Final Map with Lennar Homes of California, Inc. for Tract Map 7094 located south of Berkshire Road and east of Wible Road. X. Appropriate $78,320 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Development Services Operating Budget in the General Fund. Y. Appropriate $20,000 First 5 Kern Grant funds for swim lessons and recreational swimming to the General Fund Recreation & Parks Department Operating Budget. (Ward 2) Z. Consideration of changes to the current City and Redevelopment Agency Down Payment Programs resulting from the current residential housing foreclosure crisis: 1. Discontinuance of the equity share provision requirement for current and prior Parkview Cottages homebuyers. 2. Removal of the homebuyer affordable income covenant for 15 of the 74 total Parkview Cottage homes. Staff recommends adoption of Consent Calendar items a through z. 9. CLOSED SESSION 10. CLOSED SESSION ACTION 11. CONSENT CALENDAR HEARINGS 12. HEARINGS 13. REPORTS 14. DEFERRED BUSINESS 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, qLu".-) A Alan Tandy " City Manager 07/22/09 2:00pm 4 City Council Meeting of 07/29/2009 AGENDA HIGHLIGHTS July 299 2009 COUNCIL MEETING REGULAR MEETING - 5:15 12.m. ""There will be no CLOSED SESSION therefore dinner will not be t)rovided" CONSENT CALENDAR Agreements Item 8o. Aareement with Environmental Research Institute Inc to Provide Licenses and Software Support for Server and Client Software In an amount not to exceed $296,000. The City has used ESRI software for Geographic Information Systems (GIS) since 2000. This software is used for many applications including the production of maps that show detailed Information such as ward boundaries, parcel lines and fire fund information, just to name a few. This three (3) year contract will allow for unlimited use and upgrades of the ESRI desktop and server products. This contract will result in a level annual payment for the next three years. The current fiscal year payment amount is $92,013 ($85,000 flat rate plus tax). Funds for this expenditure are available in the Information Technology Operating Budget. Item 8p. Amendment to an Agreement with Jim Alfter Construction for Concrete Construction in the amount of $2,000,000 revised total not to exceed $6,000,000., On June 20, 2007, Council awarded the Annual Contract for concrete construction to Jim Alffer Construction for a one (1) year period for $2,000,000, renewable annually thereafter for four (4) consecutive one-year periods. On July 30, 2008, Council executed the first extension of this contract for an additional $2,000,000. This Amendment will extend this contract for an additional year at a cost of $2,000,000, with a total contract amount not to exceed $6,000,000. This action allows the City to continue working with a good provider. Item 8q. Amendment to and Agreement with AECOM USA, Inc for Engineering Design Services for the Westside Parkway Protect in the amount of $3,038,000. AECOM USA, Inc is currently under contract to provide engineering Design Services for the Westside Parkway Project (WSP). In order to take advantage of the current bidding climate, the City recently amended AECOM's contract to include: design work on additional phases of WSP; the early completion of work to allow for multiple phases of the WSP to go out for bid; support services during project construction to ensure the project stays on schedule; and the Inclusion of standard changes to meet Caltrans design standards. These changes are part of the effort to maximize state funding which will allow for the construction of a larger portion of the WSP project than was originally contemplated. A combination of previously budgeted State and local funding will be used for this Amendment. Item 8u. Wastewater Treatment Plan No. 3 - 2007 Expansion Project. This item consists of a Change Order to an Agreement with Kiewit Pacific Corporation in the amount of $387,162 with a revised not to exceed amount of $216,556,492. This Change Order covers the cost of project design revision required due to various reasons, including unknown site conditions. A contingency was established for this project as part of the bond proceeds for this project. This item includes a transfer of $387,162 from this contingency to the Public Works Department's Capital Improvement Budget to cover the cost of this Change Order. B~ Item 8v. Accept Bid and Award Annual Contract to Kern Sprinkler Landscaping) Inc for On Call Irriaation and Landscaping Services in an amount not to exceed $90,000. Invitations to Bid were' sent to over two hundred (200) contractors for the Annual Contract for On-Call Irrigation and Landscape Services. Three (3) bids were received in response to this solicitation with Kern Sprinkler Landscaping, Inc being the lowest. Staff recommends award of the contract to the Kern Sprinkler Landscaping, Inc. Miscellaneous Item 8z. Consideration of Chanaes to the Current City and Redevelopment Agency Down Payment Programs Resulting from the Current Residential Housing Foreclosure Crisis The City of Bakersfield and the Bakersfield Redevelopment Agency currently offer down payment assistance to qualified income restricted homebuyers that are purchasing homes associated with City and Redevelopment Agency residential development projects. One of these projects, the Parkview Cottages, has a standing inventory of 15 units, due to recent challenges in qualifying these homebuyers for the program. There have been no sales transactions completed Involving the Cottages since February 2008. This Item Includes the discontinuance of the Equity Share Provision requirement for current and prior Parkview Cottages homebuyers and the removal of the homebuyer affordable income covenant for 15 of the 74 total Parkview Cottage homes. The Equity Share Provision was set up in order to recapture up to $26,000 from future equity that might be generated when a qualified homebuyer sold the home at a later date. This tool 1.5 used to keep unusual windfall profits from being made by homeowners who participate in government assisted homebuyer programs. Due to the current extraordinary conditions of the housing market, any potential of windfall equity earnings that could be made by a homebuyer over the next 10 years has been effectively removed. Staff also recently received permission from CaIHFA to permit the sale of 15 completed, but unsold, units to market rate homebuyers. However, the developer would still have to sell the remaining 20 lots with affordable income restrictions. Staff recommends approval of both changes. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - July 29, 2009 Council Meeting Page 2 BA ~~V S ADMINISTRATIVE REPORT LIF MEETING DATE: July 29, 2009 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEA T I DATE: July 16, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Proclamation to Herb Walker honoring his beautification efforts in downtown Bakersfield. RECOMMENDATION: BACKGROUND: krt o4E ADMINISTRATIVE REPORT ~ IM IF O MEETING DATE: July 29, 2009 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEA " -~-J- DATE: July 16, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Certificate of Appreciation to Mic Hall honoring his parks and Bike Path beautification efforts. RECOMMENDATION: BACKGROUND: krt A h s U ADMINISTRATIVE REPORT 1 MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: , a TO: Honorable Mayor and City Council APPROVED FROM: Pamela McCarthy, City CIQ~ DEPARTMENT HEAC~L L,- ITT DATE: July 16, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of minutes of the July 7, 2009 Special Council Meeting and the July 15, 2009 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw A VOR4 ADMINISTRATIVE REPORT ALIFO MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: July 17, 2009 CITY ATTORNEY CITY MANAGER ~S SUBJECT: Approval of department payments from July 1, 2009 to July 16, 2009 in the amount of $25,459,328.47 and Self Insurance payments from July 1, 2009 to July 16, 2009, 2009 in the amount of $726,761.05. RECOMMENDATION: Staff recommends approval of payments totaling $26,186,089.52. BACKGROUND: KLG July 17, 2009, 10:16AM S: \Richa rd\AP\ADM I N\ADM I N-AP. doc A ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: 6 , C . TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: July 10, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections §1.12.010 and, §1.12.040 by adding Annexation No. 596 consisting of 50.12 acres, located at the southwest comer of Washington Street and Belle Terrace to Ward 1 and Annexation No. 591 consisting of 86.78 acres, located on the north side of Brimhall Road, east of Rudd Road to Ward 4. (Wards 1 and 4) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexations 596 and 591 into the corresponding Council ward. These annexations were recently approved by LAFCO. Annexation No. 596 is located at the southwest corner of Washington Street and Belle Terrace. The annexation territory consists of 50.12 acres of vacant land. The property owner proposes commercial development of the project site. The property owner requested annexation for development purposes and to receive city services. This area will be included into Ward 1. Annexation No. 591 is located on the north side of Brimhall Road, east of Rudd Road. The annexation territory consists of 86.78 acres of undeveloped land. The property owner requested annexation for development purposes and to receive city services. This area will be included into Ward 4. S:\D m\ADMINS\2009Uuly\7-29-591 & 596 Ann.doc A i U ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: 6.OL. TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD . DATE: July 2, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections §1.12.010, §1.12.020, §1.12.030 and §1.12.070 by adding Annexation No. 597 consisting of the following multiple uninhabited County owned properties: County Property no. 1, consisting of 1557.72 acres, located south of Casa Loma Drive, east of Mount Vernon Avenue, County Property no. 2, consisting of 160.51 acres located south of Belle Terrace, west of Union Avenue, County Property no. 3, consisting of 21.12 acres, located south of Belle Terrace and west of Cottonwood Road, County Property no. 4, consisting of 17.48 acres, located south of Highway 58, east of Cottonwood Road, County Property no. 5, consisting of 94.52 acres, located on the west side of Mount Vernon Avenue, south of Bernard Street, County Property no. 6, consisting of 7.57 acres, located at the northeast comer of Cottonwood Road and Belle Terrace, County Property no. 7, consisting of 13,835 square feet, located at the northeast comer of Virginia Avenue and South Williams Street, County Property no. 8, consisting of 2.32 acres, located at the northeast corner of Cottonwood Road and Casa Loma Drive, County Property no. 9, consisting of 41,746 square feet, located east of Virginia Avenue, between Lake Street and Kentucky Street, to Wards 1, 2, 3 & 7. (Wards 1, 2, 3 and 7) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This ordinance amends the ward boundaries to include 9 separate County owned properties (known as Annexation No. 597, County Owned Properties No. 1) into the corresponding Council wards as listed below. These properties are adjacent to the City limits. The City Manager's Office has negotiated with the County of Kern to annex these lands that are within supervisory District No. 5. • County Property no. 1, known as the Mount Vernon Sanitation District (this area is developed with the Kem County Treatment Facility), consisting of 1557.72 acres and located south of Casa Loma Drive, east of Mount Vernon Avenue. This area will be included into Ward 1. ADMINISTRATIVE REPORT Page 2 • County Property no. 2, the Kern County Fairgrounds and Armory facility, consisting of 160.51 acres. The property is located generally south of Belle Terrace, west of Union Avenue. This area will be included into Ward 1. • County Property no. 3, Belle Terrace Park, consisting of 21.12 acres. The property is located south of Belle Terrace and west of Cottonwood Road. This area will be included into Ward 1. • County Property no. 4, the Kern Delta Park, consisting of 17.48 acres. The property is located south of Highway 58, east of Cottonwood Road. This area will be included into Ward 7. • County Property no. 5 includes Kern Medical Center, Juvenile Hall and Heritage Park, consisting of 94.52 acres. The properties are located on the west side of Mount Vernon Avenue, south of Bernard Street. This area will be included into Ward 3. • County Property no. 6, County Community Services facility, consisting of 7.57 acres. The property is located at the northeast corner of Cottonwood Road and Belle Terrace. This area will be included into Ward 1. • County Property no. 7, a sump, consisting of 13,835 square feet. The property is located at the northeast corner of Virginia Avenue and South Williams Street. This area will be included into Ward 1. • County Property no. 8, a sump, consisting of 2.32 acres. The property is located at the northeast corner of Cottonwood Road and Casa Loma Drive. This area will be included into Ward 1. • County Property no. 9, known as the East Side Canal, consisting of 41,746 square feet. The property is located generally east of Virginia Avenue, between Lake Street and Kentucky Street. This area will be included into Ward 2. S:\Annexation\Ordinances\2009\Admin Draft 7-29 597.docx A ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: July 10, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution of Application proposing annexation of uninhabited territory to the City of Bakersfield identified as Annexation No. 607 consisting of 1.04 net acres located on the west side of Allen Road, north of Rosedale. (Ward 4) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of a neighborhood church to the City of Bakersfield. The city annexed a portion of the church's parking lot (known as Annexation No. 553, completed January 29, 2008) and the church wants the remaining area to be included in the city limits. The proposed annexation identified as Annexation No. 607 consists of 1.04 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 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 Kern. 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:\Dana\ADMINS\2009Uuly\7-29-607 Ann.doc A ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM g, f TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: July 10, 2009 CITY ATTORNEY CITY MANAGER 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 the demolishment of dangerous buildings and authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on July 13, 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 and/or were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 1. 910 Bank Street 010-221-15 $ 800.00 2. 328 Clifton Street 018-370-29 $ 775.00 3. 143 Clyde Street 018-390-25 $ 699.00 4. 313 Clyde Street 018-370-15 $ 775.00 July 10, 2009, 9:27AM S:\Dana\ADM I NS\2009\July\7-29-Demo.doc ADMINISTRATIVE REPORT Page 2 of 3 PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 5. 5301 Jonah Street 412-212-52 $ 845.00 6. 614 K Street 009-272-13 $ 775.00 7. 828 L Street 009-221-05 $ 745.00 8. 122 Milham Drive 139-421-05 $ 975.00 9. 1213 Murdock Street 018-112-09 $ 774.00 10. 123 Oakdale Drive 020-064-05 $ 800.00 11. 340 Oakdale Drive 020-081-06 $ 675.00 12. 917 E. Planz Road 172-121-05 $ 300.00 13. 1201 Ralston Street 018-111-07 $ 419.00 14. 209 U Street 010-053-12 $ 944.00 15. 201 V Street 010-054-02 $ 1,485.00 16. 228 Wetherley Drive 020-084-25 $ 719.00 17. 804 White Lane 025-143-26 $ 975.00 18. 917 10"' Street 009-162-19 $ 650.00 19. 112 E. 8"' Street 139-191-05 $ 835.00 * 20. 640 E. 3`d Street 139-294-25 $ 6,633.00 * Demolished structure Ward 2/Councilmember Sue Benham 21. 709 A Street 007-310-09 $ 300.00 22. 714 Dolores Street 016-300-11 $ 775.00 23. 709 Eye Street 009-251-07 $ 798.00 24. 314 H Street 010-140-22 $ 699.00 25. 926 Lake Street 015-360-11 $ 875.00 26. 530 Oregon Street 013-290-03 $ 1,060.00 27. 826 Pack Street 013-240-10 $ 300.00 28. 105 Quincy Street 012-041-02 $ 725.00 29. 505 31 st Street 002-082-07 $ 995.00 Ward 3/Councilmember Ken Weir 30. 3000 University Avenue 382-080-15 $ 1,510.00 Ward 4/Councilmember Couch 31. 10321 Bay Colony Drive 500-211-17 $ 815.00 Ward S/Councilmember Harold Hanson 32. 7320 Alamosa Lane 381-241-08 $ 774.00 33. 7100 Hilton Head Way 381-043-04 $ 800.00 34. 10517 Mount Pleasant Drive 497-193-27 $ 800.00 July 10, 2009, 9:27AM S:\DanaWDMINS\2009W uly\7-29-Demo.doc ADMINISTRATIVE REPORT Page 3 of 3 PROPERTY LOCATION APN COST Ward 6/Coucilmember Jacauie Sullivan 35. 4500 Summer Side Avenue 441-160-39 $ 300.00 Ward 7/Councilmember Zack Scrivner 36. 4404 Cyclone Drive 515-151-03 $ 795.00 37. 4924 Elysium Street 372-031-04 $ 795.00 38. 1404 Interlaken Drive 517-442-11 $ 960.00 39. 4109 Rio Viejo Drive 515-481-03 $ 300.00 40. 6616 Squall Place 515-183-04 $ 884.00 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. July 10, 2009, 9:27AM S:\Dana\ADMI NS\2009\July\7-29-Demo.doc A U ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD gi, DATE: July 9, 2009 CITY ATTORNEY Q~ CITY MANAGER SUBJECT: Tract Map and Improvement Agreements 1. Final Map and Improvement Agreement with 6152 Partners, LLC, a California Limited Liability Company, for Tract Map 6152 Phase 6 located south of McKee Road and east of Akers Road. (Ward 7) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. dha July 9, 2009, 3:34PM G:\GROUPDAT\ADMINRPR2009\07-29\IM AGRMT - Final Map T6152.doc A ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: O, h TO: Honorable Mayor and City Council PROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: July 14, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Tract Map and Improvement Agreements 1. Final Map and Improvement Agreement with CAVU / Rock Properties Project 1, LLC, a Limited Liability Company, for Tract Map 6850 Phase 1, located north of Alfred Harrell Hwy and west of Lake Ming Road. (Ward 3) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. dha July 14, 2009, 3:55PM G:\GROUPDATWDMINRPT\2009\07-29\IM AGRMT -Final Map T6850-1 Am A ADMINISTRATIVE REPORT 1 MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ZSP L DATE: July 21, 2009 CITY ATTORNEY CITY MANAGER Iw SUBJECT: Transportation Development Act Funds: 1. Agreement with Biking For Fun, Inc. ($50,000), for 50 bicycle and pedestrian safety demonstrations at local schools and other approved events during the course of one year. 2. Appropriate $50,000 Transportation Development Act Article 3 Grant Revenue to the Capital Improvement Budget of the Transportation Development Fund. RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: The City has been allocated $50,000 from the Kern Council of Governments to be used for bicycle and pedestrian safety programs. This agreement provides for Biking For Fun, Inc. to host 50 bicycle and pedestrian safety demonstrations at local schools and other approved events during the course of one year. Biking For Fun, Inc. is a California Non-profit Corporation whose mission is to promote bicycling as an everyday transportation alternative. As such, they have the staffing and expertise to host bicycle and pedestrian safety programs. Upon Council approval of agreement with Biking For Fun, Inc., KernCOG will issue payment of $50,000 to the City of Bakersfield. BU/Is 7/21/200911:35:41 AM G:\GROUPDAT\ADMINRPT12009\07-29\Biking for Fun Agr.doc A 4 ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD r DATE: July 9, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with ARIEL LINK to research billing errors on existing telecommunication invoices RECOMMENDATION: Staff recommends approval of Agreement BACKGROUND: Ariel Link's telecommunications refund service will review existing telecommunications invoices to ensure the City has only paid for the services and equipment we have contracted for and use, and that we were billed at the right rate. Ariel Link will collect 50% of their findings/refunds as their fee. If it is determined that there is no refund or credit due to incorrect billings and/or overcharges, Ariel Link will collect no fee. Ariel Link 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. July 9, 2009, 8:42AM VATERAVelecommunications admin.doc of O ~ R,,, 1 ADMINISTRATIVE REPORT q~1 0 MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: pj TO: Honorable Mayor and City Council APPROVED FROM: William R. Rector, Chief of Police DEPARTMENT HEAD v _ DATE: July 17, 2009 CITY ATTORNEY Qom, CITY MANAGER ~W SUBJECT: 1. Approve agreement with Master K-9, Inc. to purchase two Police Service Dogs and to train two Police K-9 handlers ($25,835.00). 2. Appropriate $33,420.00 Seized Asset Forfeiture Revenues to the Police Department Operating Budget in the General Fund for the purchase of two Police Service Dogs, initial 5 week training, lodging and per diem for two Police K-9 handlers. RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: The Bakersfield Police Department K-9 Unit was established in 1988. During these last twenty-one years, the unit has been responsible for thousands of arrests, from burglary to homicide suspects. The police K- 9, due to its strength, agility, courage, and amazing olfactory capabilities can be utilized to assist law enforcement in various tasks in a more thorough and efficient manner. Because of these attributes, police service dogs can be utilized to assist in searching for potentially violent criminals, aid in the apprehension of fleeing criminals who may place innocent community members or other police officers at risk of injury. The dogs also offer the department an effective public relations tool to disseminate information about the police department's mission/functions/crime fighting efforts. In potentially dangerous situations, the police K-9 can often assume the risk by preventing exposure of a police officer to a violent confrontation. And finally, since all the K-9s are trained to detect narcotics contraband, they have located literally hundreds and hundreds of pounds of marijuana, methamphetamine, cocaine, and heroin. The BPD K-9 unit has a compliment of six cross-trained patrol dogs, one Labrador retriever which is narcotics detection trained and a bloodhound for tracking/trailing. As Police Service dogs age, there comes a point in time when they are no longer able to perform at the standard required to be useful to the department. When this time comes, the dog is retired to its handler's home and the handler is allowed to purchase the animal. Two BPD K-9 Patrol Service Dogs are approaching this stage of life, and will need to be replaced in July 2009. The cost of purchasing the two Police Service Dogs, 5 week initial handler training, lodging and per diem for two officers, is $33,420.00. These expenditures will be paid with asset forfeiture funds, and will not have any impact on the General Fund. Asset forfeiture funds are generated through narcotics detection, interdiction, suppression, and seizure, and are available for use by the Police Department to support law enforcement activities. r B A K O SCGRWR4r S ADMINISTRATIVE REPORT IF0 MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: ~j . TO: Honorable Mayor and City Council A P ROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD T DATE: July 15, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Planned Drainage Area Reimbursement Agreement ($37,135.00) with Rykal Bakersfield, LLC, for improvements constructed within the Brimhall Planned Drainage Area. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: As a condition of Parcel Map No. 11784, Rykal Bakersfield, LLC was required to install and provide storm drain facilities for Brimhall Road and Jewetta Road. In order to provide storm drain facilities for an area that encompasses Parcel Map No. 11784 as well as other properties, the City has formed the Brimhall Planned Drainage Area. Rykal Bakersfield, LLC has expended $37,135 to construct the storm drain facilities. This agreement will reimburse Rykal Bakersfield, LLC $37,135 from Brimhall Planned Drainage Area fees that have been collected. Ps G:\GROUPDAT\ADMINRPT\2009\07-29\Rykal Bakersfield LLC PDA reimbursement agreement.doc BAI{E~ Q `CWORIh,G ` ADMINISTRATIVE REPORT c~~JFO MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: m TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD bt~` DATE: July 15, 2009 CITY ATTORNEY CITY MANAGER ~W SUBJECT: Transportation Impact Fee Agreement with Rykal Bakersfield, LLC (not to exceed $25,939.00) for construction of an expanded intersection at the northeast corner of Brimhall Road and Jewetta Avenue. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Rykal Bakersfield, LLC has constructed improvements for the expanded intersection at the northeast corner of Brimhall Road and Jewetta Avenue. This improvement is listed on the 2007-2028 Regional Transportation Capital Improvement Plane as a required facility for the orderly development of the transportation infrastructure required by the expected development of the Metropolitan Bakersfield General Plan. In lieu of paying its obligated Regional Transportation Impact Fees, the City agrees to credit Rykal Bakersfield for his portion of regional transportation impact fees up to the actual amount of design and construction cost of the improvement, not to exceed $25,939.00. Ps G:\GROUPDATWDMINRPT\2009\07-29\Rykal Bakersfield LLC TIF agreement.doc BAKEn 0~~,,oBPORf `C ADMINISTRATIVE REPORT cgLIFO MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: ri < TO: Honorable Mayor and City Council APPROVED FROM: William R. Rector, Chief of Police DEPARTMENT HEAD DATE: July 17, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Approve agreement with Property Room. com to provide removal of surplus property held in the Police Property Room and to provide online auction services for said property. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Bakersfield Police Department operates a property room in which all evidence is tagged and secured. Evidence held in the property room is stored and secured until it has been released by the courts to be returned to its owner, destroyed, or scheduled for disposition. Historically, property scheduled for disposition is either auctioned by local auctioneers or, if not accepted by the auctioneer, it is disposed of at the County landfill. This process has been cumbersome at best, and the auctions offer very small bidding pools. At this point in time, the BPD would like to implement a more efficient process that has the potential to recover more revenue from disposed property. Property Room. com specializes in the processing and selling of property room items from law enforcement agencies. Their online auctions provide a greater potential to recover revenue, due to the large bidding audience afforded by the internet. This alternative will provide the BPD a mechanism to more efficiently dispose of property room items, at no cost to the City. PropertyRoom.com will provide a monthly pick up service, and will take all our surplus property, regardless of its condition. They will clean, test, appraise and inventory all our items, list them on their website for public online auction, process all transactions and ship the items to the winning bidders. All costs for this service are taken as a commission upon each sale of City property. BAKE O~~C09V091~ RS ADMINISTRATIVE REPORT cq~/F0 ~~A MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM:- . TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: July 17, 2009 CITY ATTORNEYS CITY MANAGER SUBJECT: License Agreement with Environmental Systems Research Institute Inc. (E to provide licenses and software support for server and client software in the amount of $92,013. RECOMMENDATION: Staff recommends approval of this purchase. BACKGROUND: The city has used ESRI software for Geographic Information Systems (GIS) since 2000. As use of GIS has grown over the years the cost of maintenance has risen every year for the last the years as we have increased our license total. This three year contract allows for the unlimited use and upgrades of the ESRI desktop and server products as described in the contract resulting in a level payment for the next three years. The software is used by many departments for producing maps, ward boundaries, parcel lines, fire fund, etc. The amount of $92,013 is available in the Information Technology operating budget. m rc July 17, 2009, 9:17AM Documents A ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD DATE: July 16, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 07-196 with Jim Alfter Construction extending the term for one (1) year and adding $2,000,000 (for a total not to exceed amount of $6,000,000) to the Annual Contract for concrete construction. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On June 20, 2007, Council awarded the Annual Contract for concrete construction to Jim Alfter Construction for a one (1) year period at $2,000,000; renewable annually thereafter for four (4) consecutive one-year periods. On July 30, 2008, Council executed Amendment No. 1 adding an additional $2,000,000 for a revised not to exceed amount of $4,000,000 and extending term one year to expire in August 2009. If approved, Amendment No. 2 will add $2,000,000 for a revised not to exceed amount of $6,000,000 and will extend term one year to expire August 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:\PURCH\ADMINWmendments\Amendment #2 to Agreement 07-196, Jim Alfter, AC Concrete Construction, July 29, 2009.doc July 16, 2009, 10:22AM Co R of ~u ADMINISTRATIVE REPORT c , IF MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: 8, TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: July 16, 2009 CITY ATTORNEY- CITY MANAGER SUBJECT: Approve Amendment No. 2 to Agreement 07-082 with AECOM USA, INC., for Engineering Design Services for the Westside Parkway Project (additional $3,038,000.00). (TRIP) (Ward 2) RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: AECOM USA, INC (formerly DMJM Harris Inc.) is currently under contract to provide Engineering Design Services for the Westside Parkway project. Initially, the City awarded AECOM USA, INC Phase I of the final design work to prepare Plans, Specifications and Estimates (PS&E) for the initial construction phases of the Westside Parkway. On November 19, 2009, the City amended AECOM's contract to include Phase 11 of the final design work identified in their original scope of work. As the Thomas Roads Improvement Program (TRIP) has continued to develop, the connection of the Westside Parkway to State Route 58 via the Centennial Corridor has emerged as a high priority. Simultaneously, as this potential connection progressed, the California Department of Transportation (Caltrans) began taking an active role in assisting the City and AECOM to ensure the Westside Parkway adequately meets their design standards. This is being done so that once the Westside Parkway is constructed and connected to State Route 58 via the Centennial Corridor, Caltrans will be able to adopt the facility as State Route 58. When AECOM originally submitted their scope and fee, the Westside Parkway was to be designed as a local facility without Caltrans involvement/oversight/process reviews, and AECOM based their scope and work effort accordingly. With Caltrans participation and use of their design standards, AECOM has had to spend additional time and effort preparing the PS&E. In addition to the change in standards, the City asked AECOM to accelerate their timing to complete a PS&E package to go out for bid for multiple phases of the Westside Parkway. Due to the advantageous bidding climate and the desire to encumber all available State funding, the City asked AECOM to prepare 6 individual packages for various phases of work so that a base bid and 5 additive alternate packages could be bid. When AECOM originally submitted their scope and fee, they intended to submit one PS&E package for this work. By breaking up the phases into individual components and expediting their delivery, AECOM's time and costs increased. Finally, the City asked AECOM to include a fee to provide support services during project construction, allowing them to respond to contractor and staff questions and ensuring the project stays on schedule. City Staff recommends approval of this Amendment No. 2 to Agreement No. 07-082. A combination of previously budgeted State and local funding will be used for this amendment. Due to the voluminous nature of the agreement exhibits, they are on file in the City Clerk's Office for review. July 16, 2009, 10:47AM G:\GROUPDAT\ADMINRPT12009\07-29\AECOM Amendment 2 - Adminl_l.doc T8K139 A ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED a~ FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: July 7, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 1 to Agreement No. 08-176 with Carvalho Construction ($14,655.87, for a revised not to exceed amount of $564,654.87) for the project known as The Park at River Walk Maintenance Building (Ward 4). RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: This project provides for the construction of a maintenance building next to the amphitheater in the Park at River Walk. During construction, it was determined that plumbing and electrical systems needed to be modified in order to provide for the installation of a future ice machine. The contractor has agreed to do this additional work for the lump sum price of $1,928.00. In order to maximize the storage space in the new facility, it was determined that a wall needed to be removed and that a concrete floor needed to be installed instead of the planned asphalt concrete floor. The contractor has agreed to accept a lump sum of $316.20 for these modifications. In order to properly tie-in the electrical system to the main power panel, the main electrical conduit and wiring needs to be extended. The contractor has agreed to do this work for the lump sum of $1,384.76. In order to give the building a more uniform appearance, it was determined that a stone veneer and concrete cap needs to be installed at the northeast column and that additional plaster and paint need to be placed on the north and west sides of the building. The contractor has agreed to accept a lump sum price of $5,735.00 for these additions. The new underground utility substructure for this building had to be modified and relocated in order to conform to the existing underground utilities. The contractor has agreed to relocate these utilities for the lump sum price of $4,091.91. Due to existing conditions, two additional courses of CMU block need to be installed on the building in order to bring it to the proper design elevation. The contractor has agreed to install the additional block for the lump sum price of $3,850.00. During construction, it was discovered that the faucets needed to be upgraded and that automatic light and fan switches need to be installed in order to comply with ADA requirements. The contractor has agreed to install these upgrades for the lump sum price of $350.00. RM (Construction) July 8, 2009, 10:58AM G:\GROUPDAT\ADMINRPT\2009\07-29\CCO 1 Maintenance Building at River Walk.doc ADMINISTRATIVE REPORT The project documents require the contractor to provide a mobile field office for the use of City personnel. This field office was not needed and the contractor has agreed to provide a credit of ($3,000.00) for the deletion of this item. This is the first change order to be submitted for this project. This change order will increase the project total by $14,655.87 (which results in a 2.7% increase of the original contract amount) as illustrated below: • Original Contract Amount = $549,999.00 • Amended Contract Agreement after Change Orders = $564,654.87 Net Increase to date = $ 14,655.87 RM (Construction) July 8, 2009, 8:53AM G:\GROUPDAT\ADMINRPT\2009\07-29\CCO 1 Maintenance Building at River Walk.doc A ~ f f ADMINISTRATIVE REPORT c~ MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 71117_ DATE: July 8, 2009 CITY ATTORNEY _ CITY MANAGER SUBJECT: Contract Change Order No. 20 to Agreement No. 08-062 with Granite Construction ($27,940.00; for a revised not to exceed amount of $8,514,272.50) for the project known as Allen Road Improvements between Ming Avenue and Stockdale Highway (Ward 4) RECOMMENDATION: Staff recommends approval of contract change order. BACKGROUND: This project provides for the construction of new roadway on the Allen Road alignment across the Kern River between Stockdale Highway and Ming Avenue. Contact Change Order No. 20 provides for various items of extra work required to provide for the proper construction of the roadway project. These items of additional work are as follows: • Replacement of nine Chinese Elm trees with Valley Oak trees. This was necessary due to the Valley Oak trees proximity to the Kern River along with the requirement that only trees native to the Bakersfield area are allowed to be planted in the Kern River area. • Stabilization of soil: During construction operations it was discovered that the soil beneath the roadway in the intersection of Hillary Way and Allen Road was unstable. The west half of the intersection had to be excavated and stable material had to be imported, placed and compacted. • Installation of additional slopes, ramps, and gates: Kern County Water Agency required the installation of the additional facilities and earthwork in order to provide access to the Cross Valley Canal off of Allen Road. • Drainage work to prevent soil erosion: Additional sidewalk work and installation of "rip rap" was required at the intersection of Ming Avenue and Allen Road in order to improve drainage and to prevent the erosion of earthen slopes in this area. • Joint seal work and plate installation: Due to lack of proper clearance on the bridge, two 6" PG&E conduits were moved from the bridge to the sidewalk. This move affected the joint seal installation requiring additional work at the joints at the north and south sides of the bridge. A steel plate was also installed in one area to mitigate the effect of the PG&E conduit relocation. July 13, 2009, 2:19PM G:\GROUPDATIADMINRP112009\07-29\CCO 20 Allen Road Bridge and Improvements.doc ADMINISTRATIVE REPORT • Channelizer installation and removal: This additional work was necessary in order to provide proper channelization of traffic at Ming Avenue in the transition area from the new section of Allen Road to the existing section of Allen Road south of Ming Avenue. • Installation of additional monumentation: Additional survey monuments need to be installed in order to comply with current City policy and to provide for recorded survey information needed for future projects in this area. The net cost increase of Change Orders No. 20 is $27,940.00. The change orders to date on this project reflect a total cost increase of $418,656.50 (which is an increase of 5.2% of the original contract amount) as illustrated below: • Original Contract Amount = $8,095,616.00 • Amended Contract Agreement after Change Orders = $8,514,272.50 Net Increase to date = $ 418,656.50 July 13, 2009, 2:19PM G:\GROUPDAT\ADMINRPT\2009\07-29\000 20 Allen Road Bridge and Improvements.doc A O~ a 24 S ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: July 16, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 1 to Agreement No. 08-214 with Security Paving Construction ($77,050.00 for a revised not to exceed amount of $27,805,269.81) for the Westside Parkway Phase I - Mohawk Street Extension Project (TRIP) (Ward 2). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project consists, in general, of construction of the first phase of the Westside Parkway project which includes the new construction and widening of Mohawk Street from Rosedale Highway to Truxtun Avenue. Bridges will be constructed over the Kern River, the BNSF railroad, as well as over the future Westside Parkway. The roadway includes provisions for the on and off ramp connections to the future Westside Parkway., Change Order No. 1 provides for the purchase of equipment (poles, controller, etc.) for the traffic signal at the Rosedale Highway/Mohawk Street intersection. This signal installation is the first order of work on the project, and it had originally been planned that the City would purchase and then provide the contractor this equipment in order to expedite the project. However, the City was not able to bid and place an order for this equipment prior to the State freezing the construction funding for the project. This funding freeze resulted in a 4 month delay to the project and so there became no longer a need for expediting the delivery of this traffic signal equipment. Accordingly, staff requested Security Paving to supply this equipment as part of their contract, and this change order covers this cost. The net cost increase of Change Order No. 1 is $77,050.00. This provides a total contract amount of $27,805,269.81, which is a 0.28% increase as illustrated below: • Current Contract Amount = $27,728,219.81 • Current Change Order No. 1 = $ 77,050.00 • Amended Contract Agreement after Change Order = $27,805,269.81 Net Increase to date = $ 77,050.00 Adequate state funds have been previously budgeted to cover this additional cost. G:\GROUPDAT\ADMINRPT\2009\07-29\Admin Rpt CCO 1 WSP Phase I-Mohawk Project -.doc Project # T9WP10 BAK ~ Q 4NWR, TFp l~ ADMINISTRATIVE REPORT By I ~g1tF O ~ MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: July 15, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6): 1. Contract Change Order No. 7 to Agreement No. 07-302 with Kiewit Pacific Corporation ($387,162; for a revised not to exceed amount of $216,556,492). 2. Transfer $387,162 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department's Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of Contract Change Order and transfer. BACKGROUND: This project provides for a major expansion and upgrade to Wastewater Treatment Plant 3 located at 8101 Ashe Road. The work in general will double the treatment capacity, improve odor control technology, and improve the quality of the treated effluent, thus enabling Wastewater Plant 3 to comply with stricter regulations and serve the citizens of Bakersfield for many years to come. The detailed descriptions of each change order item are summarized in the attached Change Order. Change Order No. 7 provides for the negotiated resolution for these items. In general, the reasons for the change order are either unknown site conditions or required design revisions due to various reasons. Since the contractor's original bid did not provide for these items as shown in the attachment, a change order is required. The City and Construction Manager determined that these claims have merit. This is the seventh change order to be submitted for this project. This change order will increase the contract by $387,162. Cumulative change orders to date total $5,535,492 (which is an increase of 2.62% of the original contract amount) as illustrated below: • Original Contract Amount = $211,021,000.00 • Amended Contract Agreement after Change Orders = $216,556,492.00 Net Increase to date = $5,535,492.00 A contingency was established for the Expansion Project and was part of the bond proceeds. Use of this contingency requires Council action. G:\GROUPDAT\ADMINRPT\2009\07-29\CCO 7 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114).doc AC A 4 ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: g , V TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: July 8, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and award contract to Kern Sprinkler Landscaping, Incorporated (not to exceed budgeted amount of $90,000) for the annual contract for On-Call Irrigation and Landscape Service. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to Bid were sent to over two hundred (200) contractors for the Annual Contract for On-Call Irrigation and Landscape Service. Three bids were received in response to solicitation. Complete bids were received from Kern Sprinkler Landscaping, Inc. and CCN Wholesale Nursery & Landscaping, Inc. and are listed as follows. An incomplete bid from Rock Bottom, Inc. cannot be accepted as they did not acknowledge receipt of an addendum that modified bid items; therefore, the bid submitted is not calculated on a comparative item list. The bidders provide per unit costs for each item as their bid for this contract. In this case, where the City does not intend to split the bid award, the City determines the lowest bidder by multiplying the contractor's unit price for each of the 87 separate items by the estimated number of units for each item to arrive at an estimated total cost figure. The comprehensive list of 87 items represents the City's best estimate of expected product needs at the time the bid package was distributed. The actual budget available for this type of work is $90,000. So, even though the mathematical calculations of the various bidders' unit prices multiplied by the City's estimated number of units exceeds the budget figure, we only award the contract for the amount of budgeted funds available. The bidders understand that they are bidding on per unit prices and not an overall dollar award. As departments make use of the contract throughout the contract period the vendor will cost each invoice with the per unit prices submitted in their bid. The contract award is for a one year period; renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. BIDDER BID AMOUNT Kern Sprinkler Landscaping, Inc., (Bakersfield, California) $220,173.75 CCN Wholesale Nursery & Landscaping, Inc. (Bakersfield, California) $467,280.25 Staff finds the overall low bid submitted by Kern Sprinkler Landscaping, Inc. to be acceptable and recommends award of contract in the amount of $90,000. Purchasing Division S:\PURCH\ADMIWdmin 09-10\AC for On-Call Irrigation and Landscape Service, 08-09-63, July 29, 2009.doc July 9, 2009, 7:51AM A ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: 6 • VV TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD t` DATE: July 13, 2009 CITY ATTORNEY 115W CITY MANAGER SUBJECT: Tract Map (ONLY) 1. Final Map with Lennar Homes of California, Inc. a California corporation, for Tract Map 7094 located south of Berkshire Road and east of Wible Road. (Ward 7) RECOMMENDATION: Staff Recommends approval of the map. (ONLY) BACKGROUND: Tract No. 7094 is a division of Lot 31 Tract No. 6367 Unit 3 recorded January 23, 2007 in Book 57 of Maps at Page 28 and 29 in the Office of the Kern County Recorder. All improvements were constructed with Tract No. 6367 Unit 3 for the lots to be created with the recordation of Tract No. 7094. A notice of Completion and Acceptance of Work was recorded on August 24, 2007 as Document No. 0207176663, O.R. and a Security Release letter dated November 10, 2008 was issued. Therefore, no Agreements or Occupancy Covenant are necessary for the recordation of the final map. NOTE: THE IMPROVEMENT AGREEMENTS FOR TRACT 6367 UNIT 3 ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. dha July 13, 2009, 4:38PM G:\GROUPDAT\ADMINRPT\2009\07-29\Final Map T7094 (MAP ONLY).doc A ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: f3. y, TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: July 7, 2009 CITY ATTORNEI~/ CITY MANAGER SUBJECT: Appropriate $78,320.00 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Development Services Operating Budget in the General Fund (All Wards) RECOMMENDATION: Staff recommends appropriation of funds. BACKGROUND: The City has received a $78,320.00 state grant from the California Integrated Waste Management Board (CIWMB) for waste tire enforcement. The grant will offset funding for Code Enforcement staff time directly related to the development, monitoring and implementation of a program to educate tire dealers and auto dismantlers of their responsibilities as waste tire generators and reduce the illegal disposal of waste tires. July 13, 2009, 9:16AM S:\DanaWDMINS\2009Uuly17-29-TEA 16 Waste Tire Enforcement Grant Admin.doc BA O~~,COYPORR E ADMINISTRATIVE REPORT Y, IF MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD ~-fr DATE: July 21, 2009 CITY ATTORNEY Y CITY MANAGER SUBJECT: Appropriate $20,000 First 5 Kern grant funds for swim lessons and recreation swimming to the General Fund Recreation and Parks Department Operating Budget. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The Recreation and Parks Department received $20,000 from First 5 Kern to provide free swim lessons and free recreational swimming to children at the Dr. Martin Luther King, Jr. Community Center Pool (MLK Pool) and at Jefferson Pool. From June 2, 2008 through August 8, 2008, the City of Bakersfield provided free swim lessons to 274 children ages 0 to 5 at MLK Pool and 208 children ages 0 to 5 at Jefferson Pool. The City of Bakersfield also provided free supervised recreational swimming to 1,627 children ages 0 to 5 and their parents at MLK Pool, and 2,175 children ages 0 to 5 and their parents at Jefferson Pool. July 21, 2009, 10:17AM:jln S:WDMINISTRATION DIVISION\Business Manager\Joe\Admin Reports\FY 2009\First 5_Swim_07.02.09 ADMINISTRATIVE REPORT MEETING DATE: July 29, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: July 20, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Consideration of Program Changes to the current City and Redevelopment Agency Down payment Programs resulting from the current Residential Housing foreclosure crisis. 1. Discontinuance of the Equity Share Provision requirement for current and prior Parkview Cottages homebuyers. 2. Removal of the homebuyer affordable income covenant for 15 of the 74 total Parkview Cottage homes. RECOMMENDATION: Staff recommends approval. BACKGROUND: The City of Bakersfield and the Bakersfield Redevelopment Agency currently offer down payment assistance to qualified income restricted homebuyers that are purchasing homes associated with City and Redevelopment Agency residential development projects. In recent months, it has become almost impossible to qualify these more challenging homebuyers for the program resulting in 15 standing inventory in the Parkview Cottages. There have been no sales transactions completed since February 2008. The existing City and Agency Homebuyer program for the Parkview Cottages was established with an "equity share" program. This program was set up in order to recapture up to $26,000 from future equity that might be generated when a qualified homebuyer sold the home at a later date. The amount was determined from the actual cost of the property that was contributed to the project and over time would have been reduced to $2,600.00. This equity share practice is used by governmental agencies to keep unusual windfall profits from being made by homeowners who participate in government assisted homebuyer programs. During these extraordinary residential housing market times, the average price of homes in Kern County have fallen in excess of 52% from their 2002 values, effectively removing any potential of windfall equity earnings that could be made by a homebuyer over the next 10 years. In addition, the recorded "equity share" provision is confusing to lenders, homebuyers and realtors trying to bring potential qualified buyers for consideration. These new homes also must compete with a large foreclosure market that already has a significant impact on the sales activity. S:Wdmins\City Council\City Council Admins 2009\affordable housing chgs.doc 7/20/2009 2:53 PM ADMINISTRATIVE REPORT Page 2 Funds were received from the State CALHFA loan program to purchase the property for the Parkview Cottages. The original plan called for the development of 74 units of which 39 were to be reserved for families whose incomes do not exceed 120% of median income and 35 were to be reserved for families whose incomes do not exceed 80% of medium income. Staff received permission from CaIHFA to permit the sale of the 15 completed but unsold units to market rate homebuyers. This action does not change the requirement for the developer to sell the remaining 20 lots with affordable income restrictions. Staff met with the current homeowners, developer and lenders to discuss several alternatives to try to help expedite the sales of the standing inventory to homebuyers. The conclusion reached by all parties was to implement the proposed homebuyer program changes discussed above and to aggressively market the units at new lower prices in MLS. The new prices were established by recent appraisals obtained by city staff and by the developer. Staff recommends that the equity share provision be discontinued on all homebuyer assistance programs until further notice. In order to promote fair treatment for previous homebuyers in the project, staff would also recommend removal of the equity share provision from exiting homeowner notes and deeds. Staff also recommends that the 15 constructed units be offered for sale to income eligible homebuyers and homebuyers without income limit restrictions. Down payment assistance funds will be available for income eligible homebuyers only. S:\Admins\City Council\City Council Admins 2009\affordable housing chgs.doc 7/20/20092:53 PM A OF r S ADMINISTRATIVE REPORT YLL c LI MEETING DATE: July 29, 2009 AGENDA SECTION: Closed Session ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: July 10, 2009 CITY ATTORNEY v CITY MANAGER SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (Two matters) VG:Isc S:\COUNCIL\CI Sess\Admins\09-10\7-29-09.PotLit2.doc BA E o~ 014r, I 1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 7, 2009 L Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting 12:00 p.m. SPECIAL MEETING- 12:00 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Scrivner, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan Absent: None. 2. PUBLIC STATEMENTS Bob Decker with the Home Builders Association spoke regarding concerns with the City's impact fee program. Matt Towery, local builder, spoke in opposition to raising traffic impact fees. 3. DEFERRED BUSINESS a. Metropolitan Bakersfield Regional Transportation Impact Fee, Phase IV: 1. Resolution adopting the 2008-2035 RES 084-09 Regional Transportation Facilities List Phase IV, fee schedule and nexus report. City Manager Tandy gave a brief overview and introduced Administrative Analyst Teglia, who provided information, then introduced Finance Director Smith, who provided financial information. Councilmember Couch submitted documentation which shows how 40 other cities collect the fee at Certificate of Occupancy, and asked staff to look into this and report back to Council on the feasibility of utilizing the same concept. Bakersfield, California, July 7, 2009 - Page 2 3. DEFERRED BUSINESS continued ACTION TAKEN Item 3.a.1. continued Motion by Vice-Mayor Scrivner to adopt the APPROVED Transportation Impact Fee Resolution. 4. ADJOURNMENT Mayor Hall adjourned the meeting at 1:19 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 9A E o~ ; oR„BAKERSFIELD CITY COUNCIL U *4 MINUTES MEETING OF JULY 15, 2009 IFO Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Scrivner, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan Absent: None. 2. INVOCATION by Reverend Rick Prevost, Fellowship Baptist Church. 3. PLEDGE OF ALLEGIANCE by Cindy Ramos, 5th Grade Student at Wayside Elementary School. 4. PUBLIC STATEMENTS a. Dr. Alvis H. West, with Life Savers, spoke regarding changing parking limits at 25th and H streets so that it is adequate in time and safe in utilization. b. Ken Mettler, with the California Republican Assembly, spoke regarding the courthouse donation, Consent Calendar Item 8.c. C. Kimberly Navarro spoke on behalf of LQ's Performing Arts Center and its Back to School Outreach, and submitted written material. 5. WORKSHOPS a. Metropolitan Bakersfield Habitat Conservation Plan Renewal Process. Planning Director Movius made a computer presentation. Bakersfield, California, July 15, 2009 - Page 2 5. WORKSHOPS continued ACTION TAKEN Item 5.a. continued Councilmember Couch thanked Planning Director Movius for his many years of service and hard work to the City of Bakersfield and wished him well in his retirement. Councilmember Couch referred the Habitat Conservation Plan Renewal Process to the Planning and Development Committee. b. Final Submission for the National Recreation and Park Association Gold Medal Award. Recreation and Parks Director Hoover made a presentation, showed a video submitted to the National Recreation and Park Association, and acknowledged City staff and others who worked on putting together the video. 6. PRESENTATIONS a. Presentation by Mayor Hall of retirement plaque and gift certificate to Robert M. Sherfy. Deputy City Attorney Sherfy received the proclamation and made comments. b. Presentation by Mayor Hall of a Proclamation to POSTPONED TO Herb Walker honoring his beautification efforts A FUTURE DATE in downtown Bakersfield. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 24, 2009 Regular City Council Meeting. Payments: b. Approval of department payments from June ABS WEIR 12, 2009 to June 30, 2009 in the amount of $24,829,874.04 and self-insurance payments from June 12, 2009 to June 30, 2009 in the amount of $310,013.13. Bakersfield, California, July 15, 2009 - Page 3 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: None. Resolutions: C. Sale of Real Property: REMOVED FOR SEPARATE 1. Resolution declaring real property CONSIDERATION located at 510 19th Street surplus to the needs of the City. 2. Agreement with the United States of America to donate real property located at 510 19th Street for a Federal Courthouse. d. Resolution authorizing the Police Department to RES 086-09 apply for the Edward Byrne Memorial Justice Assistance Grant ($202,108) from the U. S. Department of Justice. e. Resolution of Intention No. 1639 to add territory, ROI 1639 Area 1-87 to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. f. Resolution of Intention No. 1640 to add territory, ROI 1640 Area 4-92 to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. Agreements: g. Ground Lease Agreement with Gordon Dole AGR 09-086 ($40 per month) for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. h. Agreement with CompuCom Systems, Inc. AGR 09-087 ($225,000) to provide Microsoft Licenses for 1029 City computers for five years. Bakersfield, California, July 15, 2009 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN i. Amendment No. 1 to Agreement No. CA08-020 AGR 09-088 with Hogan Guiney Dick LLP (not to exceed $60,000) for outside legal services in the matter of Citizens for Responsible Growth, etc., et al v City, et al. KCSC Case No. S-1500-CV-264869. j. Agreement with Plains Pipeline LLC ($1,400,000) AGR 09-089 for the relocation of oil facilities for the Westside Parkway Phase II Project. (TRIP) k. Amendment No. 1 to Agreement No. 08-015 AGR 08-015(1) with Redflex Traffic Systems, Inc. for photo red light enforcement program. 1. Amendment No. 2 to Agreement No. 07-366 AGR 07-366(2) with Moore lacofano Golstman, Inc. ($17,155; total not to exceed $456,025) for assistance in re-bidding the Mesa Marin Sports Complex Project. M. Amendment No. 1 to Agreement No. 08-114 AGR08-114(1) with Duane Morris, LLP (not to exceed $300,000) for outside legal services concerning State Water Resources Control Board, Reference No. KMB:A31674. n. Amendment No. 1 to Agreement No. 09-009 AGR 09-009(1) with Aleshire & Wynder, LLP ($60,000; total not to exceed $140,000) for outside legal services for redevelopment and/or other miscellaneous matters as directed by the City Attorney. o. Amendment No. 1 to Agreement No. 08-123 AGR 08-123(1) with AmCal Santa Fee Fund, L.P. for the construction and development of approximately 3,000 square feet of commercial/retail space and 55 affordable multi-family units at 701 Union Avenue - Santa Fe Apartments to extend performance dates. P. Annual Contracts for auctioneer services: 1. Amendment No. 2 to Agreement AGR 07-228(2) No. 07-228 with Tri-State Auction Systems, Inc. (extending term to July 17, 2010) for auctioneer services. Bakersfield, California, July 15, 2009 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.p. continued 2. Amendment No. 2 to Agreement AGR 07-229(2) No. 07-229 with Quality Team, Inc. (extending term to July 17, 2010) for auctioneer services. q. Amendment No. 3 to Agreement No. 06-219 AGR 06-219(3) with Ameripride Uniform Services (extending term for one (1) year) for industrial laundry services. r. Amendment No. 2 to Agreement No. 07-230 AGR 07-230(2) with Ferguson Enterprises ($80,000; total not to exceed $240,000 and extending tem for one (1) year) for fire hydrants and hydrant repair parts. S. MaintStar Work Order System: 1. Amendment No. 1 to Agreement AGR 07-290(1) No. 07-290 with MaintStar, Inc. ($52,000; total not to exceed $429,500) for the development conversion of data for General Services and Street Divisions. 2. Transfer $52,000 from a budgeted Public Works Department Capital Improvement Project (Remove High Voltage Circuitry) to the Capital Improvement Budget within the Capital Outlay Fund to fund the amendment. t. Contract Change Order Nos. 23, 25, 29, 55 and AGR 07-304 56 to Agreement No. 07-304 with Security 00023, 00025, Paving Construction ($103,461.25; revised not to 00029, 00055, exceed $30,115,713.17) for the State Route 178 00056 and Fairfax Road Interchange Project. (TRIP) U. Contract Change Order No. 1 to Agreement AGR 09-065 No. 09-065 with Kern Pacific Construction Co. 0001 ($142,000; revised not to exceed $819,395) for the Sewer Improvement Project on McCutchen Road from Wastewater Treatment Plant No. 3 to Ashe Road and from Ashe Road, 450' north of McKee Road to McCutchen Road. Bakersfield, California, July 15, 2009 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN V. Contract Change Order Nos. 3 and 4 to AGR 08-126 Agreement No. 08-126 with Floyd Johnston 0003, 0004 Construction Co. ($43,440.30 and $17,232 respectively; revised not to exceed $711,936.30) for the Coffee Road Waterline Project. Bids: W. Accept bid and award contract to H & H AGR 09-090 Engineering Construction, Inc. (not to exceed $100,000 in a four (4) year period) for Bakersfield Amtrak Railroad maintenance and repair. X. Reject all bids for voice communication system for the City. Miscellaneous: Y. Acceptance of 2007-08 Transportation Development Act Funds Financial Statements. Z. Appropriate $16,000 developer contributions to REMOVED FOR the Economic & Community Development SEPARATE budget within the Capital Outlay Fund for CONSIDERATION professional consultant services in the preparation of a Section 108 Loan application for Economic Development. 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, potential source of income to himself and his employer, on item 8.c. Councilmember Carson requested that item 8.z. be removed for separate consideration. Councilmember Benham requested that Item 8.c. be removed for separate consideration. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8.z, with the removal for separate consideration of items 8.c. and 8.z. Bakersfield, California, July 15, 2009 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN C. Sale of Real Property: 1. Resolution declaring real property RES 085-09 located at 510 19th Street surplus to the needs of the City. 2. Agreement with the United States of AGR 09-085 America to donate real property DEED 7100 located at 510 19th Street for a Federal Courthouse. Motion by Councilmember Benham to adopt APPROVED the Resolution and approve the Agreement. AB COUCH Z. Appropriate $16,000 developer contributions to the Economic & Community Development budget within the Capital Outlay Fund for professional consultant services in the preparation of a Section 108 Loan application for Economic Development. Motion by Councilmember Carson to approve APPROVED Consent Calendar item 8.z. 9. CLOSED SESSION None. 10. CLOSED SESSION ACTION None. 11. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution ordering RES 087-09 the summary vacation of any and all street right of way for 20th, S and T Streets, and all alleys bounded by the south right of way of 21st Street, the north right of way of 19th Street, the east right of way of R Street and the east property line for the proposed Federal Building parcel. b. Public Hearing to consider Resolution ordering RES 088-09 the vacation of a portion of 14th, 13th and R Streets and alley west of R Street. Bakersfield, California, July 15, 2009 - Page 8 11. CONSENT CALENDAR HEARINGS continued ACTION TAKEN C. Public Hearing to consider the following documents regarding the U. S. Department of Housing and Urban Development (HUD) Section 108 Loan ($1,800,000) to provide furniture, fixtures and equipment for the Padre Hotel located at 1813 H Street. 1. Resolution authorizing the submission of a RES 089-09 Section 108 Loan Guarantee application AGR 09-091 ($1,800,000) to HUD to provide funds for furnishings, fixtures and equipment for the Padre Hotel. 2. Sub-recipient Agreement with Padre AGR 09-092 Hotel, L.P. for the repayment of DEED 7101 $1,800,000 Section 108 Loan Guarantee repaid over 7 years. Assistant City Clerk Gafford announced correspondence was received from staff noting changes to exhibits of the resolution for item l l.b; and correspondence was also received in support of approval of item 1 1.b. Consent Calendar Hearings opened at 6:13 p.m. No one spoke. Consent Calendar Hearings closed at 6:14 p.m. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar Hearing items 12.a. through 12.c. 12. HEARINGS None. 13. REPORTS None. 14. DEFERRED BUSINESS None. Bakersfield, California, July 15, 2009 - Page 9 15. NEW BUSINESS ACTION TAKEN None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Benham referred correspondence to the Police Department regarding an incident and requested follow-up. Councilmember Benham referred correspondence to staff from a citizen requesting assistance. Councilmember Weir referred to Budget and Finance Committee for consideration of developing a policy to reduce solid waste and increase recycling in the future, and to develop a policy statement in time to bring back for discussion and vote on Council goals and policies. Councilmember Hanson referred to the Police Department a citizen request regarding working with reserve officers. Councilmember Sullivan invited everyone to attend a local In God We Trust Anniversary Celebration on July 30," at First Assembly of God Church, recognizing the 53rd anniversary of our Nations' motto. Mayor Hall recognized a new project that the City is co-sponsoring with the Kern Arts Council, utilizing former graffiti offenders to paint the signal boxes downtown. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 6:19 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield