HomeMy WebLinkAbout01/13/10_CC_AGENDA_PACKET
b BAKERSFIELD CITY COUNCIL
• AGENDA
MEETING OF JANUARY 13, 2010
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 Rabbi Shmuel Schlanger, with Chabad of Bakersfield Synagogue.
3. PLEDGE OF ALLEGIANCE by Tristan Cook, 5th grade student at Laurelglen Elementary School.
4. PRESENTATIONS
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the December 16, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from December 3, 2009 to December 21, 2009
in the amount of $18,317,847.28 and self-insurance payments from December 3, 2009
to December 21, 2009 in the amount of $211,690.20.
Ordinances:
(Ward 4,6) c. First Reading of Ordinance amending Municipal Code Sections 1. 12.060 and 1. 12.040
by adding Annexation No. 612 consisting of 14,017 square feet, located at the
northeast corner of Belle Terraced and Fiorito Street to Ward 6 and Annexation No.
618 consisting of 2.89 acres, located on the west side of Allen Road, north of
Stockdale Highway to Ward 4.
(Ward 4') d. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal
Code by changing the zone district from County A (Exclusive Agriculture) to R-1 (One
Family Dwelling), R-2 (Limited Multiple Family Dwelling), C-O (Professional and
Administrative Office), C-2 (Regional Commercial) and A (Agriculture) on
783.21 acres located west of Renfro Road, between Kratzmeyer and Reina roads,
east of Nord Avenue (ZC 09-0591 - Tom Dee, representing Western Properties).
(FR 12116109)
.-upon annexation
8. CONSENT CALENDAR continued
(ward 4•) e. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the
Municipal Code by changing the zone district from County A (Exclusive Agriculture)
to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), E (Estate) and
C-2 (Regional Commercial) on approximately 1,614 acres located on the west side
of Santa Fe Way, between Seventh Standard and Kratzmeyer roads, east of Greeley
Road (future alignment) (ZC 09-0609 - Keith Gardiner, representing Rosedale Ranch
Farming Group, Gardiner Family LLC, and Grimmway Enterprises, Inc,; the property
owners). (FR 12116109)
Resolutions:
f. Resolution authorizing the transfer of unclaimed money ($2,641.70) to the General
Fund.
(Ward 1,2,3,7) g. Resolution regarding the use of Housing Set-Aside Monies from the Downtown
Bakersfield and Southeast Bakersfield Redevelopment Project Areas in the Old Town
Kern-Pioneer Redevelopment Project Area, and Making of Benefit Findings in
Connection Therein:
1, Appropriate $783,484 Downtown Bakersfield Redevelopment Project Area
Low-Mod Fund Balance to the operating budget within Low-Mod Fund.
2. Transfer $700,000 within the operating budget of the Downtown Bakersfield
Redevelopment Project Area Low-Mod Fund from the Downtown
Downpayment Assistance Program to the Baker Street Village Project.
(ward 3) h. Resolution approving the application for Grant Funds for the Transportation
Enhancement Program under U.S. Code, Title 23, Sections 1046(3) and 133D(2) to
landscape a portion of Stockdale Highway and to construct a bike path at the
Calloway Weir, and authorizing the Public Works Director or Designee to execute all
necessary documents.
(Ward 4) i. Resolution of Intention No. 1654 to order the vacation of a sewer line easement
located at 9628 Rosedale Highway.
j. Resolution determining that the City Manager, Fire Chief, or Deputy Fire Chief are
appointed as agents authorized to execute any actions necessary for the purpose of
obtaining grants from the California Emergency Management Agency.
Agreements:
k. Agreement with the California State Historic Preservation Officer regarding the
rehabilitation of historic properties affected by use of revenue from the Department
of Housing and Urban Development Part 58 Programs.
(Ward 1-6) I. Wastewater Division Settlement Agreement with Bolthouse Farms ($622,821,27) for
collection and treatment of large unreported sewer discharges.
(Ward 5) M. Agreement with Old River Road, LLC (Impact Fee credit not to exceed $230,813) for
street construction improvements on Old River Road between Panama Road and
McCutchen Road, adjacent to Tract 6359.
(Ward 2) n. Agreement with Pacific Gas and Electric Co. ($466,553) for relocation of electric
distribution facilities in conflict with the Westside Parkway Phase 2 Project (TRIP).
.-upon annexation
2 City Council Meeting of 1/ 13/2010
8. CONSENT CALENDAR continued
(Ward 126) o. Agreement with Kern High School District ($50,000) for use of aquatic facilities for
practice and swim meets.
(Ward 2) p. License Agreement with Kern County Water Agency (City to pay $1.00) for the City
to cross over the Cross Valley Canal siphon during the construction of Westside
Parkway. (TRIP)
(Ward 7) q. Improvement Agreement with Kaiser Permanente Medical Center ($3,299,725) to
construct two new roads and replace one road on the perimeter of property
located south of the Arvin Edison Canal and east of Colony Street.
r. Homelessness Prevention Services and Rapid Re-Housing Services (HPRP):
1. Amendment No. 1 to Agreement No. 09-126 with Bethany Services/Bakersfield
Homeless Center to allow for an advance ($20,000) of funding for the
Homelessness Prevention Services.
2. Amendment No. 1 to Agreement No. 09-127 with Bethany Services/ Bakersfield
Homeless Center to allow for an advance ($20,000) of funding for the Rapid
Re-Housing Services.
S. Amendment No. 1 to Agreement No. 09-070 to reimburse SMG the building rental
cost ($10,000) for the Jehovah's Witnesses Congregation's additional sixth weekend
convention held at Rabobank Arena.
(ward 1,2) t. HOME Investment Partnership Funds:
1. Amendment No. 1 to Agreement No. 08-160/RA 08-016 Assignment
Agreement with the Bakersfield Redevelopment Agency for use of federal
HOME Investment Partnership Funds ($1,000,000; revised not to exceed
$3,000,000) for a housing project located within South Mill Creek with Chelsea
Investment Corporation.
2. Termination of Agreement No. 05-195/RA05-002 and amendments with the
Bakersfield Redevelopment Agency for the use and repayment of federal
HOME Investment Partnership Funds ($3,681,619) for Old Town Kern Baker
Street Project.
(Ward 6) u. Wastewater Treatment Plant No. 3 - 2007 Expansion Project:
1. Amendment No. 7 to Agreement No. 04-214 with Parsons Water and
Infrastructure ($53,300; revised not to exceed $17,703,727) for additional
design services on the arterial roads adjacent to the Wastewater Treatment
Plant No. 3 Expansion Project.
2. Transfer $53,300 from a budgeted Capital Improvement Project (Wastewater
Treatment Plant No. 3 Arterial Roads) to another Capital Improvement Project
(Waterline extension to Wastewater Treatment Plant No. 3 from Ashe Road to
Taft Highway) within the Sewer Enterprise Fund to fund this amendment.
(Ward 7) v. Amendment No. 1 to Agreement No. 07-132 with Parsons Transportation Group Inc.
($101,465.94; revised not to exceed $2,951,215.76) for additional environmental and
engineering services on State Route 99 at Hosking Avenue Interchange for Project
Approval and Environmental Documents (PA&ED), and Plans, Specifications and
Estimate (PS&E).
3 City Council Meeting of 1/13/2010
8. CONSENT CALENDAR continued
w. Amendment No. 2 to Agreement No, 08-114 with Duane Morris, LLP ($200,000; revised
not to exceed $500,000) for outside legal services concerning State Water Resources
Control Board, Reference No. KMB:A31674.
(Ward 2) X. Amendment No. 2 to Agreement No. 03-213 with the Greater Bakersfield Separation
of Grade District ($15,000; revised not to exceed $232,000) for preliminary design and
right of way engineering for the Mohawk Street and Burlington Northern and Santa
Fe Railroad separation of grade project. (TRIP)
(Ward 3) Y. Contract Change Order Nos. 34, 37, 42, and 80 to Agreement No. 07-304 with
Security Paving Construction ($131,247.36; revised not to exceed $30,472,428.87) for
the State Route 178 and Fairfax Road Interchange Project. (TRIP)
(Wards 126) Z. Contract Change Order Nos. 1 through 4 to Agreement No. 09-075 with Griffith
Company (net cost decrease of $21,741.58; revised not to exceed $3,875,353.13) for
the Street Improvements along Stockdale Highway from Country Club entrance to
Ashe Road and Village Lane to Weatherly Drive Project.
(ward 2) aa. Contract Change Order No. 1 to Agreement No. 09-129 with Granite Construction
($67,074.10; revised not to exceed $682,582.10) for the Pavement Rehabilitation 2009
CDBG-R Project.
Bids:
bb. Accept bid from McPeek's Dodge of Anaheim ($96,739.34) for six replacement
midsize sedans for the Police Department and Fleet Services Division.
(Ward 2,5,6) cc. Accept base bid and additive alternates 1 and 2 and award contract to
Community Playgrounds, Inc. ($162,305) for the installation of playground equipment
at five City park locations.
Miscellaneous:
(Ward 1) dd. Appropriate contributions totaling $900 to the Recreation and Parks Department
Operating Budget within the General Fund for the MLK Community Center.
(Ward 5) ee. Final Tract Map with Castle & Cook California, Inc., for Tract Map 7166 Units 17 & 18
located south of Ming Avenue and west of Gosford Road.
ff. Acceptance of 2008-09 Transportation Development Act Funds Financial Statements
(refer to Budget and Finance Committee)
gg. Review and acceptance of the Fiscal Year 2008-2009 Annual Compliance Report for
Park Impact Fees prepared in accordance with California Government Code
§66006.
hh. Review and acceptance of the Fiscal Year 2008-2009 Annual Compliance Report for
Transportation Impact Fees prepared in accordance with California Government
Code §66006.
ii. Review and acceptance of the Fiscal Year 2008-2009 Annual Compliance Report for
Planned Sewer Area Fees prepared in accordance with California Government
Code §66006.
jj. Review and acceptance of the Fiscal Year 2008-2009 Annual Compliance Report for
Planned Drainage Area Fees prepared in accordance with the California
Government Code §66006.
4 City Council Meeting of 1/13/2010
8. CONSENT CALENDAR continued
(Ward 3,6) kk. Review and acceptance of the Fiscal Year 2008-2009 Annual Compliance Report for
Bridge Crossing and Major Thoroughfare Fees prepared in accordance with
California Government Code §66006.
II. Revision to Miscellaneous Civil Service Rules & Regulations Section 3.03A
mm. City Council Goals Update.
Staff recommends adoption of Consent Calendar items 8.a. through 8.mm.
9. CONSENT CALENDAR HEARINGS
(Ward 1) a. Resolution ordering the vacation of a flowage and drainage easement at the
southeast corner of the property located at 68 E. White Lane, PM 11785. (Staff
recommends adoption of Resolution.)
(Ward 6) b. Resolution approving a tax-exempt bond financing by the California Statewide
Communities Development Authority to benefit American Baptist Homes of the West
(Rosewood Retirement Community located at 1301 New Stine Road) and certain
affiliates. (Staff recommends adoption of Resolution.)
10. HEARINGS
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed session pursuant to
subdivision (a) of Government Code Section 54956.9 for the following cases:
1. Sanders & McDaniel v. City - USDC Case No. CV-F-04-5541 AWI
2. Land Lot 1, LLC, et al v City - KCSC Case No. S-1500-CV-263357 WDP.
b. Conference with Legal Counsel - Potential Litigation; Closed session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One potential case)
C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
d. Public Employee Performance Evaluation - City Attorney; Closed session pursuant to
Government Code Section 54957(b)(1) / 54957.6.
RECESS TO CLOSED SESSION
16. CLOSED SESSION ACTION
17. ADJOURNMENT
Respectfully submitted,
qx."~ ,'dJ
A n Tandy
1/6/2010 10:30 AM City Manager
5 City Council Meeting of 1/ 13/2010
AGENDA HIGHLIGHTS
January 13, 2010 COUNCIL MEETING
* A*
REGULAR MEETING - 5:15 p.m.
CONSENT CALENDAR
Resolutions
Item 8g. Resolution Regarding the Use of Housing Set-Aside Monies from the Downtown and
Southeast Bakersfield Redevelopment Prolect Areas in the Old Town Kern-Pioneer
Redevelopment Prolect Area. Phase I of the Baker Street Village project was originally slated
to utilize federal HOME funds. However, since Phase I is to be purchased by the Kern County
Housing Authority, HOME funds can no longer be used due to federal regulations. Approval
of this resolution by the City Council and the Redevelopment Agency will allow for the
necessary transfer of housing set-aside funds to complete Phase I of the Baker Street project.
The HOME funds that were to be used by Baker Street will be reallocated to a proposed
South Mill Creek project, specifically the Chelsea Apartments.
Agreements
Item 81. Wastewater Division Settlement Aareement with Bolthouse Farms for Collection and
Treatment of Large Unreported Sewer Discharges in the amount of $622,821.27. After a
lengthy collaborative process between City staff and representatives of Bolthouse Farms, It
was determined that Bolthouse Farms owed the above stated amount to the City of
Bakersfield for collection and treatment of their large unreported sewer discharges. This
agreement represents the cause, timeframe and payment for these historical discharges.
Item 8n. Utility Agreement with Pacific Gas and Electric Company for the Relocation of
Electric Distribution Facilities in Conflict with Westside Parkway Phase 2 in the amount of
$466,553. Currently, there are twenty-one (21) power poles In conflict with this Phase of the
Westside Parkway. Twenty (20) of these poles are located in a private easement and
outside the franchise area. Due to these factors, the project must pay for the cost of the
relocation of these poles in order to facilitate the project. There are sufficient funds
budgeted to cover these relocation costs.
Item 8q. Improvement Agreement with Kaiser Permanente Medical Center to Construct Two
New Roads and Replace One Road on The Perimeter of Property Located South of the Arvin
Edison Canal and East of Colony Street in the amount of $3,299,725. Kaiser Permanente
Medical Center will be constructing two (2) new roads and replacing one (1) road as
identified above. Colony Street, south of the Arvin Edison Canal, and Berkshire Road, west of
south H Street, will be new roads. South H Street, north of Berkshire Road, will be removed
and replaced to existing City Standards. Due to the extensive nature of the project, the City
is requiring an Improvement Agreement to ensure the City has proper protections in place for
any Issues that may arise as a result of the work done on this project.
Item 8t. HOME Investment Partnershi Funds. unds. Related to Item 8g. on this agenda, this Item
includes two actions to facilitate the exchange of funding sources between the Chelsea
Project and the Baker Street Village Project. Approval of this Item will provide an additional
contribution of federal HOME funds for the Chelsea Project, while the redevelopment low-
mod funds earmarked for the Chelsea Project will be transferred to the Baker Street Village
Project. The oversight responsibility of the federal HOME funds will also be transferred from
the Baker Street Project to the Chelsea Project. The total City and Agency contribution for
Baker Street remains unchanged.
Item 8w. Amendment to an Agreement with Duane Morris, LLP for Outside Legal Services
Concerning State Water Resources Control Board in the amount of $200,000; revised not to
exceed $500,000. This amendment will allow Duane Morris to continue Its representation of
the City as we make our case before the State Water Resources Control Board regarding
unappropriated water in the Kern River. Funds are available in the Water Resources FY 2009-
10 budget for these outside legal services.
Bids
Item 8cc. Accept Base Bid and Additive Alternates 1 and 2 and Award Contract to
Community Playgrounds Inc for the Installation of Plavground Eauipment at Five City Park
Locations in the amount of $162,305. On November 18, 2009, Council awarded the purchase
of playground equipment and rubberized surfacing for several City parks. Invitations to bid
were sent to over two-hundred (200) contractors for the installation of this equipment and
two additive alternates. Five (5) bids were received with Community Playgrounds, Inc being
the lowest.
Miscellaneous
Items 8gg - 8kk. Review and Accertance of Fiscal Year 2008-09 Annual Compliance
Reports. Several annual compliance reports were presented to the City Council and made
available to the public for review on December 17, 2009. This included annual compliance
reports for Park Impact Fees; Transportation Impact Fees, Bridge Crossings and Major
thoroughfare Fees; Planned Drainage Area Fees; and Planned Sewer Area Fees. This Item
allows for the acceptance of these reports by the City Council as required by law.
CLOSED SESSION
There will be a conference with Legal Counsel regarding two (2) cases of existing litigation
and one (1) case of potential litigation. In addition, there will be a conference with the
Labor Negotiator as well as the performance evaluation for the City Attorney.
Approved: cc: Department Heads
Alan Tandy, City Manager Clay Clerk'gFile File
News Media File
Agenda Highlights - January 13, 2010 Council Meeting
Page 2
AK
ADMINISTRATIVE REPORT
L♦
O I L
1
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, Acting City Clerk DEPARTMENT HEAD
DATE: December 30, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the December 16, 2009 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
BA
OF ~wvo. n S
U ADMINISTRATIVE REPORT
i
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: $,6,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 21, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from December 3, 2009 to December 21, 2009 in
the amount of $18,317,847.28 and Self Insurance payments from December 3, 2009
to December 21, 2009 in the amount of $211,690.20
RECOMMENDATION:
Staff recommends approval of payments totaling $18,529,537.48.
BACKGROUND:
KLG
December 21, 2009, 10:24AM
S:\Kim G\ADMIN\COUNCIL-ADMIN-AP-2009\ADMIN--AP 091221.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: C .
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD'
DATE: December 22, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections §1.12.060
and §1.12.040 by adding Annexation No. 612 consisting of 14,017 square feet, located
at the northeast corner of Belle Terrace and Fiorito Street to Ward 6 and Annexation No.
618 consisting of 2.89 acres, located on the west side of Allen Road, north of Stockdale
Highway to Ward 4. (Wards 4 & 6)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 612 and 618 into the
corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 612 is located at the northeast comer of Belle Terrace and Fiorito Street. The
annexation territory is a single lot, consisting of approximately 14,017 square feet. The property owner
requested annexation to develop the parcel and to receive city services. This area will be included into
Ward 6.
Annexation No. 618 is located on the west side of Allen Road, north of Stockdale Highway. The
annexation territory consists of 2.89 acres of undeveloped land. The property owner plans to develop
the site to a general commercial use. This area will be included into Ward 4.
s:\Annexation\Ordinances\2009\Admin Draft-1-13-10 612 & 618
A
U
° ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ . al,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: December 17, 2009 CITY ATTORNEY y~
CITY MANAGER s
SUBJECT: Adoption of an ordinance amending the Official Zoning Map in Title 17 of the Bakersfield
Municipal Code by changing the zone district from County A (Exclusive Agriculture) to R-1
(One Family Dwelling), R-2 (Limited Multiple Family Dwelling), C-O (Professional and
Administrative Office), C-2 (Regional Commercial) and A (Agriculture) on 783.21 acres
located west of Renfro Road, between Kratzmeyer and Reina Roads, east of Nord
Avenue. (ZC 09-0591 - Tom Dee, representing Western Properties). (Ward 4, Upon
Annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the Ordinance was given on December 16, 2009.
On November 19, 2009, the Planning Commission held an advertised public hearing on this pre-zoning
request, and recommended adoption by the City Council. The pre-zoning request consists of changing the
zone district to R-1 (One Family Dwelling) on 385.75-acres, R-2 (Limited Multiple Family Dwelling) on
67.38-acres, C-O (Professional and Administration Office) on 79.08-acres, C-2 (Regional Commercial) on
209.56-acres and A (Agriculture) on 41.44-acres (783.21 total acres) to be consistent with the existing
General Plan land use designations. The applicant is not proposing development at this time; however, with
the pre-zoning and annexation approvals, they will be able to deal with only one jurisdiction when they are
ready to develop. With the full range of available urban services that the city can provide, including higher
development standards, the owners can plan and design future projects that uses land more efficiently.
The project area obtained all general plan designations through the adoption of the Metropolitan Bakersfield
General Plan and General Plan EIR, and the Western Rosedale Specific Plan and the Specific Plan EIR.
The State CEQA Guidelines have been followed in the evaluation of the environmental effects of this
project. In accordance with CEQA Sections 15162, 15182 and 15183 and the Guidelines for the
Implementation of CEQA, and evidence in the record, staff determined that the requested actions do not
require the preparation of subsequent environmental documentation.
MO:dI
S:\Dana\ADM I NS\2010Uan\1-13-0591. doc
A
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: . e,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: December 22, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance amending the Official Zoning Map in Title 17 of the Bakersfield
Municipal Code by changing the zone district from County A (Exclusive Agriculture) to R-1
(One Family Dwelling), R-2 (Limited Multiple Family Dwelling), E (Estate) and C-2
(Regional Commercial) on approximately 1,614-acres located on the west side of Santa
Fe Way, between Seventh Standard Road and Kratzmeyer Road, east of Greeley Road
(future alignment). (ZC 09-0609 - Keith Gardiner, representing Rosedale Ranch Farming
Group, Gardiner Family LLC, and Grimmway Enterprises Inc.; the property owners).
(Ward 4, Upon Annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the Ordinance was given on December 16, 2009.
On November 19, 2009, the Planning Commission held an advertised public hearing on this pre-zoning
request, and recommended adoption by the City Council. The County of Kern adopted the Western
Rosedale Specific Plan in 1994, designating the project area for urban uses. The pre-zoning request
consists of changing the zone district to R-1 (One Family Dwelling) on 1,011-acres, R-2 (Limited Multiple
Family Dwelling) on 186-acres, E (Estate) on 322-acres and C-2 (Regional Commercial) on 95-acres (1,614
total acres) to be consistent with the existing General Plan land use designations. The applicant is not
proposing development at this time; however, with the pre-zoning and annexation approvals, they will be
able to deal with only one jurisdiction when they are ready to develop with the full range of urban services
that the city can provide.
The project area obtained all general plan designations through the adoption of the Metropolitan Bakersfield
General Plan and General Plan EIR, and the Western Rosedale Specific Plan and the Specific Plan EIR.
The State CEQA Guidelines have been followed in the evaluation of the environmental effects of this
project. In accordance with CEQA Sections 15162, 15182 and 15183 and the Guidelines for the
Implementation of CEQA, and evidence in the record, staff determined that the requested actions do not
require the preparation of subsequent environmental documentation.
MO:dl
S:\Dana\ADMINS\2010Wan\1-13-0609.doc
A
U ADMINISTRATIVE REPORT
u
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD_
DATE: December 2, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Authorizing the transfer of Unclaimed Money in the amount of $2,641.70 to the
General Fund.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This Resolution authorizes the transfer on City of Bakersfield unclaimed money to the General Fund
pursuant to California Government Code Section 50053. As required, an advertised notice was published
in the Bakersfield Californian on November 21, 2009 and November 28, 2009 with names and amounts of
anything $15.01 and greater which has been unclaimed for more than three years. Exhibit "A° contains
those items which are still unclaimed to date and any amounts $15.00 or less that remains unclaimed for
more than one year which were not required to be in the notice. Adoption of this Resolution will allow the
City to transfer this money to the General Fund.
December 2, 2009, 1:22PM
SAUNCLAIMED MONIESkAdmin report.doc
AhF
OF',.Hw x.ro~S ,
`U ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: January 5, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution regarding the use of Housing Set-Aside Monies from the Downtown Bakersfield
and Southeast Bakersfield Redevelopment Project Areas in the Old Town Kern-Pioneer
Redevelopment Project Area, and Making of Benefit Findings in Connection Therein.
(Wards 1, 2, 3 and 7)
1) Appropriate $783,484 Downtown Bakersfield Redevelopment Project Area Low-Mod
Fund Balance to the operating budget within Low-Mod Fund.
2) Transfer $700,000 within the operating budget of the Downtown Bakersfield
Redevelopment Project Area Low-Mod Fund from the Downtown Downpayment
Assistance Program to the Baker Street Village Project.
RECOMMENDATION:
Staff recommends adoption of resolution and approval of appropriation and budget transfer.
BACKGROUND:
California Community Redevelopment Law (Health and Safety Code Section 33000 et.seq.), (the "Law"),
imposes specific obligations on all redevelopment agencies to respond to housing needs within their
jurisdictions, including, but not limited to, establishment of a Low- and Moderate-Income Housing Fund.
Section 33334.2 of the Law provides that a redevelopment agency may use not less than twenty percent
(20°x6) of all taxes allocated to it for the purposes of increasing, improving, and preserving the community's
supply of low- and moderate-income housing. Section 33334.2(g) gives a redevelopment agency the
option of using housing set-aside funds outside the project area from where they were collected, if by
resolution the legislative body and agency find use of these funds will be of benefit in another part of the
city.
Over the years, various conditions have limited the ability of private developers to provide residential
housing in Central Bakersfield. A concentration of commercial land uses, socio-economics, and limited
land suitable for housing development has stifled central housing projects in the past. New housing for
low-income families and seniors (80% and below of median income) in the central area has been
essentially non-existent.
C:\DOCUME-1\Cgutierr\LOCALS-1\Temp\Xpgrpwise\DT OTKP Housing Benefit Baker Street DL Comments.Docx
1/5/2010 11:44 AM
With City assistance numerous central city housing projects are now underway. Baker Street Village
located close to the downtown, is partially completed. South Mill Creek has numerous housing projects in
predevelopment stages. All of these projects have required public financial assistance to make them
economically feasible.
Federal HOME funds were originally intended to complete Phase 1 of Baker Street Village. However, with
the proposed purchase of Phase I by the Housing Authority for the County of Kern, HOME funds cannot
be used due to the federal prohibition against HOME funding for public housing developments. Therefore,
it is proposed that housing set-aside funds be used as an alternative to the HOME funds. The HOME
funds originally intended for Phase I would be reallocated to a proposed South Mill Creek project, the
Chelsea Apartments. The HOME funds can be used for off-site improvements including impact fees,
permit fees and utility hook-ups and on-site construction costs.
The resolution authorizes the use of redevelopment housing set-aside monies from the Downtown
Bakersfield and Southeast Bakersfield Redevelopment Project Areas in the Old Town Kern-Pioneer
Redevelopment Project Area. The same resolution requires Agency approval, and is scheduled for the
January 19, 2010 special meeting.
The Council also is requested to authorize an appropriation and transfer of funds to facilitate the use of
Low-Mod funds from the Downtown Area for Phase I of Baker Street Village. Low-mod funds from the
Southeast Project area are currently allocated for the development of affordable housing.
C:\DOCUME-1\Cgutierr\LOCALS-1\Temp\Xpgrpwise\DT OTKP Housing Benefit Baker Street DL Comments.Docx
1/5/2010 11:44 AM
RA
ADMINISTRATIVE REPORT
c ~
IF
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: $,A
TO: Honorable Mayor and City Council AP
;f
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 28, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Approving the Applications for Grant Funds for the Transportation
Enhancement Program under U.S. Code, Title 23, Sections 104B(3) and 133D(2) to
Landscape a portion of Stockdale Highway and to Construct a Bike Path at the
Calloway Weir and Authorizing the Public Works Director or Designee to Execute All
Necessary Documents (Ward 3).
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: The Kern Council of Governments (KernCOG) has, in accordance with guidelines
issued by the State of California, issued a Call for Projects under the Transportation Enhancement
Program for programming projects in fiscal years 2011-2012 and 2012-2013.
Staff proposes to apply for these grant funds for two projects. The first project will landscape the
north sidewalk area on Stockdale Highway between McDonald Way and North Stine Road. The
second project will construct a paved bike path across the Calloway Weir, which is in the Kern
River west of Chester Avenue, connecting the Kern River Bike Path to Riverview Park.
The attached Resolution authorizes staff to execute and submit the Transportation Enhancement
grant application and necessary agreements and documents required by the State of California.
PW/Engineering/ADR
G:\GROUPDAT\ADMINRPT\2010\01-13\TE Resolution Admin.docx
12/29/2009 9:36:19 AM
A
4
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
'n
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 29, 2009 CITY ATTORNEY
CITY MANAGER_ &
SUBJECT: Resolution of Intention No. 1654 to order the vacation of -a sewer line easement
located at 9628 Rosedale Highway. (Ward 4)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request to vacate the sewer line easement
located at 9628 Rosedale Highway. The site is being redeveloped and the existing private sewer
lateral has been relocated. The new private sewer lateral has been approved, installed, and is
operational. A new easement for the private sewer lateral has been recorded.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of the
date of this report. Public Works notes that there are no City maintained sewer and 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.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of
the proposed vacating area. Public Works has received no objections from these owners as of
the date of this report.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of February 17, 2010,
on the proposed vacation.
December 29, 2009, 8:26:17 AM
S:\Street Vacations\Rosedale Hwy 9628\Admin. Report - Consent Calendar.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council ~_,APPROVED
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD i /W
DATE: January 4, 2010 CITY ATTORNEY
CITE' MANAGER
SUBJECT: Resolution determining that the City Manager, Fire Chief, or Deputy Fire Chief are appointed
as agents authorized to execute any actions necessary for the purpose of obtaining grants from the
California Emergency Management Agency.
RECOMMENDATION:
Staff recommends approval of Resolution.
BACKGROUND:
A Grant for $205,000 is available for the City of Bakersfield from California Emergency Management
Agency (Cal EMA). A Resolution is needed authorizing the City Manager, Fire Chief, or Deputy Fire Chief
to execute any actions necessary for the purpose of obtaining grant funds from Cal EMA.
This grant will be for the purchase of Hazardous Materials Equipment. The grant funds must be awarded
and spent before March 31, 2010.
January 5, 2010, 12:55PM
CADOCUME-1\cblair\LOCALS-1 \Temp\XPgrpwise\CaIEMA Admin Jan 13, 2010.doc
f•~i
v ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: S'qt,
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: December 29, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Programmatic Agreement between the City of Bakersfield and the California State Historic
Preservation Officer regarding the rehabilitation of historic properties affected by use of
revenue from the Department of Housing and Urban Development Part 58 Programs. (All
Wards)
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
In March of 2009, initial contact was made with the State of California Office of Historic Preservation
Department of Parks and Recreation to request entering into a section 106 "Programmatic Agreement".
The Programmatic Agreement is for the City of Bakersfield's housing rehabilitation programs
(Neighborhood Stabilization Program, and Home Accessibility Program) funded by the U.S. Department of
Housing and Urban Development.
All Federally funded programs, including the "Neighborhood Stabilization Program," are required by
Section 106 of the National Historic Preservation Act of 1966 to take into account the effects of their
actions on historic properties and afford the Advisory Council on Historic Preservation (ACHP) a
reasonable opportunity to comment on such actions.
A section 106 "Programmatic Agreement" is the legally binding document used to address adverse effects
to historic properties for projects or programs that will have multiple undertakings or take several years to
complete.
The city of Bakersfield's Economic and Community Development Department has formally requested that
the California State Office of Historic Preservation enter into the Programmatic Agreement which will
record the terms and conditions agreed upon to resolve the potential adverse effects of the Neighborhood
Stabilization Program, the Home Accessibility Program, or other Federal Agency programs.
The Programmatic Agreement will become the substitute for the step-by-step approach in the section 106
regulations, while still meeting the intent of the regulations. The agreement is the legal way to mutually
agree that certain undertakings will not be reviewed, thereby saving the department administrative time
and enabling the rehabilitation projects to move forward at a much faster pace. In the case a review is
necessary; EDCD would team with an outside consultant to complete an administrative review which
would at minimum, extend the process by thirty to sixty days.
S:\Admins\City Council\City Council Admins 2010\Programmatic.Doc
12129/2009 11:13 AM
F w Aa
ADMINISTRATIVE REPORT
c~
1
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council AP_ RP OVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 22, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Wastewater Division Settlement Agreement with Bolthouse Farms ($622,821.27)
for collection and treatment of large unreported sewer discharges (Wards 1-6).
RECOMMENDATION: Staff recommends approval of settlement agreement.
BACKGROUND: WM Bolthouse Farms, Inc. is a large food processing/packaging industry. This
business produces industrial wastewater as a result of their food processing business. In
general this industrial wastewater can consist of food processing wash water, waste liquid from
their laboratory testing facility, wastewater from mechanical equipment, and wastewater from
their employees. It was understood that the "industrial wastewater" was being recycled onto
farmland owned by Bolthouse.
In 2006 wastewater with a very high electrical conductivity reading came into wastewater
treatment plant 2. This caused the treated effluent to exceed its discharge permit on 13
different occasions. These events prompted a sewer trunk line investigation by the City's
Industrial Pretreatment Staff. Methodical sampling and analysis determined that Bolthouse
Farms had been discharging a large portion of their industrial waste into the sewer system.
Meetings with City staff and representatives with Bolthouse Farms ensued. The objective was
to determine the quantity, source, characteristics, and length of time that this discharge from
Bolthouse had been occurring.
Reliable data could be obtained between the years of 1999 and 2009. By applying typical
surcharge calculations that many industries with large discharges are required to conform to, it
was determined that Bolthouse Farms owed $622,821.27 to the City of Bakersfield for collection
and treatment of their large unreported sewer discharges. The agreement represents the
cause, time frame, and payment for the historical discharges. Bolthouse Farms has proactively
reduced the amount of wastewater being discharged into the sewer system by installing
water conserving plumbing, and rerouting a large portion of their industrial wastewater to their
farmland.
G:\GROUPDATADMINRPT\2010\01-13\Bolthouse Farms Settlement Agreement Admin Report.docx
F BA
E s
44
ADMINISTRATIVE REPORT
IF
MEETING DATE: January13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8.14
OVED
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD `c.
DATE: January 5, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Transportation Impact Fee Agreement with Old River Road, LLC (Impact Fee credit.
not to exceed $230,813.00) for street construction improvements on Old River Road
between Panama Road and McCutchen Road (adjacent to Tract 6359). (Ward 5)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Old River Road, LLC has constructed Old River Road a full half width from the
southern boundary to the northern boundary (1,953.35 LF) of Tract 6359. The maximum credit
available from the Transportation Impact Fee Facilities List apportioned to this project is $230,813.
This amount was based upon the value of improvements as listed on the Transportation Impact
Fee Facilities List. The developer has requested that the transportation impact fee credit
available from this improvement be applied to impact fees due on Tract 6359 and Tract 6678.
phs
C:\DOCUME-1\Iskinner\LOCALS-1\Temp\XPgrpwise\Old River Road, LLC TIF Agreement.docx
BA
O~ yc,RO4r e
ADMINISTRATIVE REPORT
ur
IF
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD '`U
DATE: December 16, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Utility Agreement with Pacific Gas and Electric Company ($466,553.00) for the relocation of
electric distribution facilities in conflict with City's Westside Parkway Phase 2. (TRIP) (Ward
2).
RECOMMENDATION: Staff recommends approval of Utility Agreement.
BACKGROUND: Pacific Gas and Electric Company owns and maintains an existing electric distribution
line within the limits of City's Westside Parkway Phase 2 Project which requires relocation to
accommodate City's project. Currently, there are 21 poles in conflict with City's project with 20 of those
located in a private easement and outside the franchise area. Because of this prior easement, the project
must pay for most of this relocation. The total cost to perform this work is estimated to be $491,109.00 of
which the City shall pay $466,553.00.
There are sufficient funds budgeted to cover this relocation cost.
December 16, 2009, 3:19PM
G:\GROUPDAl1ADMINRPTV010\01-13\PG&E Utility Admin.doc
A
ADMINISTRATIVE REPORT
r
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: , p,
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD L
DATE: December 29, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Kern High School District (KHSD) for use of aquatic facilities for
practice and swim meets. (Wards 1, 2 and 6)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Kern High School District (KHSD) wishes to enter into an agreement with the City of Bakersfield for
use of aquatic facilities at McMurtrey Aquatic Center, Silver Creek Pool and Dr. Martin Luther
King, Jr. Pool for practice and swim meets for payment to the City in an amount not the exceed
$50,000. Each year, the City has entered into an agreement, whereby KHSD utilizes these facilities
from February 1, 2010 through May 31, 2010 at mutually agreed upon times.
ds
December 29, 2009, 10:13AM
S:\ADMINISTRATION DIVISION\Admin Rpts\2010 Admins\KHSD use of Aquatic Facilities Admin.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: g. ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEA01V -
DATE: December 28, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: License Agreement with Kern County Water Agency (KCWA) for the City to cross
over the Crossl Valley Canal (CVC) siphon during the construction of Westside
Parkway. (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of this license agreement.
BACKGROUND: During the construction of Westside Parkway it will be necessary to construct a
temporary road that crosses over the siphoned (undergrounded) portion of the CVC. The CVC is
owned and operated by KCWA. This license agreement will allow the City and its contractors to
haul equipment and material over the CVC through the completion of the Westside Parkway
construction.
January 4, 2010, 11:08AM
Tdw:G:\GROUPDAT\ADMINRPT\2010\01-13\KCWA Uscence Agreement Admin.doc
A
F 6" s
ADMINISTRATIVE REPORT
C '~iRr u
LIF
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8
TO: Honorable Mayor and City Council APPROVED
~f
.
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD w'.
DATE: December 14, 2009 CITY ATTORNEY _
CITY MANAGER
SUBJECT: Improvement Agreement with Kaiser Permanente Medical Center ($3,299,725) to
construct two new roads and replace one road on the perimeter of property
located south of the Arvin Edison Canal and east of Colony Street.
RECOMMENDATION: Staff Recommends approval of the Improvement Agreement.
BACKGROUND: Kaiser Permanente Medical Center will be constructing two new roads and replacing one
road on the perimeter of their property south of the Arvin Edison Canal and east of Colony Street. They will
be obtaining a street permit to do this work. The work to be done includes grading, street improvements,
sewer and storm drain lines. Colony Street south of the Arvin Edison Canal and Berkshire Road west of
South "H" Street will be new roads. South "H" Street, north of Berkshire Road will be removed and replaced
to existing City Standards.
Usually only those developer projects that have a subdivision map, such as a tract map or a parcel map,
have been required to have an Improvement Agreement with the City. All other private developers
performing construction work in the existing or future City right-of-way are required to obtain a street permit
and provide the City security and a deposit. However, in the past on larger projects there have been
issues with Mechanics Liens being placed upon the work done under the street permit. These types of
issues are easier for the City to handle if there is an Improvement Agreement in place. Because of the
extensive nature of the work Kaiser will be performing, the Public Works Department is requiring that Kaiser
enter into this Improvement Agreement. All of the roads will be constructed with a street permit issued by
the Public Works Department.
NOTE: THE IMPROVEMENT AGREEMENT
IS ON FILE IN THE CITY CLERK'S OFFICE
FOR REVIEW.
dha
January 5, 2010, 1:24PM
G:\GROUPDATIADMINRPT\2010\01-13\Kaiser Medical St Permit Berkshire & So H St.docx
F 13
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: .
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: January 5, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Homelessness Prevention Services and Rapid Re-Housing Services (HPRP):
(Wards All)
1. Amendment No.1 to Agreement No. 09-126 with Bethany Services/Bakersfield
Homeless Center to allow for an advance ($20,000) of funding for the
Homelessness Prevention Services.
2. Amendment No.1 to Agreement No. 09-127 with Bethany Services/Bakersfield
Homeless Center to allow for an advance ($20,000) of funding for the Rapid Re-
Housing Services.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
In June 2009, the City was approved for a $1.3 million grant through the American Recovery
and Reinvestment Act from the U. S. Department of Housing and Urban Development.
On September 23, 2009, Council entered into two agreements with Bethany
Services/Bakersfield Homeless Center to facilitate the Homelessness Prevention and Rapid Re-
Housing Program (HPRP). The program has two elements: (1) Homelessness Prevention for
those persons who are about to become homeless and (2) Rapid Re-Housing for those persons
who are already homeless.
Bethany Services/Bakersfield Homeless Center has requested an advance of funding to assist
with cash flow. HUD allows advances under the HPRP program. However, the agreements
with Bethany Services/Bakersfield Homeless Center clearly state funding will be on a
reimbursement basis.
These amendments allow for the ability to advance $20,000 under each agreement ($40,000
total).
The advances will be repaid through holding back a five percent (5%) deduction of each
monthly payment request until the advances are recaptured.
S:\Admins\City Council\City Council Admins 2010\Admins HPRP Services Amendments 122309.Docx
12/29/2009 10:27 AM
1 e,
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ . S .
TO: Honorable Mayor and City Council APP OVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: December 10, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 09-070, to reimburse SMG the building rental cost for
the Jehovah's Witnesses Congregation's additional sixth weekend convention held at
Rabobank Arena.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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, for
several years, has put on five weekend events during the summer and the CVB has contributed $10,000
rental reimbursement to each of the five events.
By Agreement No. 09-070, dated June 10, 2009, the City Council has approved reimbursement for the five
events. Since then, the JWC has formally requested reimbursement in the amount of $10,000 for a sixth
weekend to occur July 30, 31 and August 1, 2010. This Amendment will allow for said reimbursement for
the sixth weekend under the same terms and conditions as provided for in Agreement No. 09-070 for the
original five weekends.
S:Wdmins\City Council\City Council Admins 2010-CVB\2010 Jwamendmentsixthconv. Doc
12/9/2009 3:47 PM
eddy'"- ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2009 AGENDA SECTION: Consent Calendar
ITEM: S
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: December 29, 2009 CITY ATTORNEY
CITY MANAGER BPS
SUBJECT: Agreements for use of HOME Investment Partnership Funds:
1) Amendment No. 1 to Agreement No. 08-160/RA 08-016 Assignment Agreement with the
Bakersfield Redevelopment Agency for use of federal HOME Investment Partnership Funds
($1,000,000 for an amount not to exceed $3,000,000) for a housing project located within
South Mill Creek with Chelsea Investment Corporation. (Wards 1 & 2)
2) Termination of Agreement No. 05-195/RA05-002 and amendments with the Bakersfield
Redevelopment Agency for the use and repayment of federal HOME Investment
Partnership Funds ($3,681,619) for Old Town Kern Baker Street Project.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
During the past few years, the Oity Council has committed various funding sources for the South Mill
Creek Affordable Apartments to be constructed by Chelsea Investment Corporation including $1.45 million
in Redevelopment low-mod housing funds and $1.0 million of federal HOME Investment Partnership
Funds. Subsequently, the Redevelopment Agency executed an Assumption Agreement with the City to
assume the oversight responsibility for the use of the federal HOME funds in addition to agreeing to
comply with HUD mandated regulations in the administration of the project and assuring affordable
housing will be provided.
The primary purpose of these two agreements is to exchange funding sources between the Chelsea
Project and the Baker Street Project. Federal HOME funds were originally intended to complete Phase 1
of Baker Street Village. However, with the proposed purchase of Phase I by the Kern County Housing
Authority, HOME funds cannot be used due to the federal prohibition against HOME funding for public
housing developments. The amendment will provide an additional contribution of $550,000 in HOME funds
for the Chelsea Project for a total contribution of $3.0 million. Chelsea intends to apply for 9% Tax Credits
in April, 2010 however the current tax credit pricing has been reduced requiring an increase in the City's
commitment to the project. The $1,450,000 in redevelopment low-mod funds earmarked for the Chelsea
Project will be transferred to the Baker Street Village Project. The total City and Agency contribution for
Baker Street remains unchanged.
The termination of Agreement 05-195/RA05-002 is necessary to transfer the oversight responsibility of the
HOME funds by the Redevelopment Agency from the Baker Street Project to the Chelsea Project.
S:Wdmins\City Council\City Council Admins 2010\City Agency HOME funds Chelsea Amend.docx
12/29/2009 10:49 AM
A
a
ADMINISTRATIVE REPORT
1
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: $.W
TO: Honorable Mayor and City Council APPROVED
f,
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 17, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Wastewater Treatment Plant No. 3 - 2007 Expansion Project (Ward 6):
1. Amendment No. 7 to Design Consultant Contract No. 04-214 with Parsons
Water and Infrastructure ($53,300; for a revised total contract amount of
$17,703,727) for additional design services on the Arterial Roads adjacent to
the Wastewater Treatment Plant No. 3 Expansion Project.
2. Transfer $53,300 from a budgeted Capital Improvement Project (Wastewater
Treatment Plant No. 3 Arterial Roads) to another Capital Improvement Project
(Waterline Extension to Wastewater Treatment Plant No. 3 from Ashe Road to
Taft Highway) within the Sewer Enterprise Fund to fund this amendment.
RECOMMENDATION: Staff recommends approval of amendment and transfer.
BACKGROUND: Parsons Water and Infrastructure is the design engineer for the expansion of
Wastewater Treatment Plant No. 3. The role of the design engineer also includes the design of
the arterial roads, Gosford Road and Ashe Road, adjacent to the Wastewater Treatment Plant
and the Bakersfield Sports Village. In order to widen Gosford Road to the ultimate width
adjacent to the Wastewater Treatment Plant and Bakersfield Sports Village requires the
pipelining of the Kern Delta Water Districts Stine Branch II Canal.
During the submittal of the proposed improvements for pipelining of the Stine Branch II Canal
to Kern Delta Water District, Kern Delta requested the City to pay a fee for loss of percolation
of the existing open channel canal. Staff has worked with Kern Delta to offset this fee by
offering percolation capacity in the Wastewater Treatment Plant and in the Bakersfield Sports
Village. This resulted in the need for changes to the design of the pipeline to accommodate
additional turnouts. In addition, the negotiations have delayed the project significantly. The
latest items required by Kern Delta to lower the profile grade of the canal and add two
additional turnouts causes the pipeline to be redesigned.
The original construction documents for Gosford Road and Ashe Road were prepared to
advertise both roads as one project. Due to the delay of the design for the Stine Branch II
Canal, staff is recommending to separate these two road segments into two projects so that
Ashe Road can be advertised for construction now while the modifications to the plans for
Stine Branch II Canal are made and approved by Kern Delta Water District. In addition, the
City has started construction of the Bakersfield Sports Village adjacent to Ashe Road which will
E4K114
G:\GR0UPDAT\ADMINRPT\2010\01-13\Parsons Amendment 7 Admin Report E4K114.doc
ADMINISTRATIVE REPORT
require the street improvements on Ashe Road to be complete prior to the opening of the
park.
The increase in compensation to the Consultant is due to two separate circumstances not
caused by the consultant: City staff's desire to have the construction documents separated
along with drainage design modifications that will save approximately $60,000 during the
construction phase; and the design changes required by Kern Delta for the Stine Branch II
canal along with requiring additional turnouts.
nf-Design T8K102
E4K114
G:\GR0UPDAT\ADMINRPT\201Ml-13\Parsons Amendment 7 Admin Report E4K114.doc
IT
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: ,y,
TO: Honorable Mayor and City Council APP VED
r
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 29, 2009 CITY ATTORNEY p
CITY MANAGER
SUBJECT: Amendment No. 1 to Design Consultant Contract No. 07-132 with Parsons
Transportation Group Inc. ($101,465.94 for a revised total contract amount of
$2,951,215.76) for additional Environmental and Engineering Services on State Route
99 at Hosking Avenue Interchange for Project Approval and Environmental
Documents (PA&ED), and Plans, Specifications and Estimate (PS&E). (Ward 7)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On April 25, 2007, the City entered into agreement with Parson Transportation
Group for Environmental and Engineering Services on the State Route 99 at Hosking Avenue
interchange project. This project will remove the existing 2 lane overcrossing and construct a
new interchange with full access to and from State Route 99 at Hosking Avenue. In addition, this
project will widen Hosking Avenue through the State's right-of-way to 6 lanes with traffic signals at
both northbound and southbound off-ramps.
This project was initially planned to be funded with Transportation Development Funds to support
the rapidly developing area and a proposed major retail center in the northeast quadrant of the
interchange. Since the project was planned to use local funds, the environmental documents
were prepared In compliance with the California Environmental Quality Act. However, due to
the decline in the economy and the slow down in development, the City requested the Design
Consultant to prepare the environmental documents in compliance with the National
Environmental Quality Act so the project would be eligible for Federal Funds. The City has since
applied for both State and Federal Funds for construction of this project.
In addition, the Design Consultant was required to provide additional services to meet Caltrans
requirements during their review of this project. These additional services include revisions to the
Traffic Study and additional designs for Traffic Communication Systems. During the course of the
Project Approval phase, there were significant changes to the Traffic Models which are prepared
by Kern Council of Governments (COG) that required the Design Consultant to review the
changes and revise the Traffic Study for this project.
During the review of the 90% complete construction documents, Caltrans has required the
interchange to provide additional Traffic Communication Systems which were not originally
planned. These systems include full ramp metering systems for all northbound on-ramps and
CCTV system for the interchange.
NF Design T3K041
December 29, 2009, 5:14PM
G:\GROUPDAT\ADMINRPT\2010\01-13\Amend 1 Parson Hosking_SR99.doc
A
ur s
~ CA
ADMINISTRATIVE REPORT
I
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD yd.-
DATE: January 5, 2010 CITY ATTORNEY V
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 08-114 with Duane Morris, LLP ($200,000; revised
not to exceed $500,000) for outside legal services concerning State Water Resources
Control Board, Reference No. KMB:A31674
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
Staff is seeking approval of Amendment No. Two to Agreement No. 08-114 for an additional
$200,000 for a total amount not to exceed $500,000, with Duane Morris to cover the off-shoot of our
victory in the First Point litigation (North Kern Water Storage District v. Kern Delta Water District, at al,
Tulare County Superior Court Case No. 96-172919, Fifth Appellate District Court Case No. F047706).
This Amendment for additional funds will allow Duane Morris to continue its representation of the City as
we make our case before the State Water Resources Control Board that there is unappropriated water
and that it should remain in the Kern River.
Funds will be available in the Water Resources FY 2009-10 budget for the required outside legal
services outlined above.
GGAII
SACOUNCILAdmins\09-10 AdminsWttyrtnragr.Duansmornsswrcbagr08-114.Amd2.Dott
January 5, 2010, 12:54PM
OF Boa
U ADMINISTRATIVE REPORT
1
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ x,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEA
DATE: December 16, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement 03-213 with the Greater Bakersfield Separation of
Grade District, ($15,000.00 for a not to exceed total of $232,000) for preliminary
design and right of way engineering for the Mohawk Street and Burlington Northern
and Santa Fe Railroad (BNSF) separation of grade project. (TRIP) (Ward 2).
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: The City and the Separation of Grade District entered into a Joint Agencies
Agreement for Preliminary Design and Right of Way Engineering for the Mohawk Street and BNSF
Separation of Grade Project on July 30, 2003. In 2009, the Separation of Grade District assisted
the City of Bakersfield with submitting an application to the California Department of
Transportation (Caltrans) for a Request for Allocation for Streets and Highways Code Section 190
funds. The 2009 request was rejected by Caltrans and the City now would like to submit another
request for the available 2010 funds.
This amendment will enable the Separation of Grade District to continue assisting the City in
completing the above mentioned work.
December 29, 2009, 9:59AM
G:\GROUPDAT\ADMINRP112010\01-13\Grade Sep Amendment Admin.doc
BA
vo.. y.
ADMINISTRATIVE REPORT
L FO
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: January 5, 2010 CITY ATTORNEY
CITY MANAGERS
SUBJECT: Contract Change Order Nos. 34, 37, 42, and 80 to Agreement No. 07-304 with
Security Paving Construction ($131,247.36 for a revised not to exceed amount of
$30,472,428.87) for the State Route 178 and Fairfax Road Interchange Project (TRIP)
(Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on State
Route 178 (SR-178) at Fairfax Road and the extension of the SR-178 freeway for one mile, from just
east of the Oswell Street overcrossing to just west of Morning Drive.
Change Order No. 34 provides for the shared cost of providing dust control measures for the
project. This change order results in a net increase of $45,674.37.
Change Order No. 37 provides for the relocation of the Maintenance Vehicle Pullout locations. In
the original plans the vehicle pullouts were not shown in the proper required locations. This
change order results in a net increase of $15,565.19.
Change Order No. 42 provides for the installation of a gas line that was to be installed by PG&E.
At the time of bid, PG&E had intended to perform this work; however, recently it was determined
that they were not prepared to perform this work, so the City requested Security Paving perform
the work and pay Security Paving instead of paying PG&E. PG&E provided the materials for this
work. This change order results in a net increase of $14,389.57.
Change Order No. 80 provides for the additional Asphalt Concrete required for this job over and
above the original engineers estimate. This change order results in a net increase of $55,618.23.
The net cost increase of Change Order No. 34, 37, 42, and 80 is $131,247.36. This provides a total
cost increase of $1,142,982.77 which is a 3.90% increase as illustrated below:
Current Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10
• Previous Change Orders = $ 1,011,735.41
• Current Change Order No. 34, 37, 42, 80 = $ 131,247.36
• Amended Contract Agreement after Change Orders = $30,472,428.87
Net Increase to date = $ 1,142,982.77
Sufficient funds are budgeted to fund this contract change order.
G:\GROUPDATWDMINRPT\2010\01-13Wdmin Rpt CCO 34-37-42-80 Fairfax Interchange Project -.doc
Project # T7K021
A
ADMINISTRATIVE REPORT
Cl LL*
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 29, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 1 through 4 to Agreement No. 09-075 with Griffith
Company (net cost decrease of ($21,741.58), for a revised not to exceed
amount of $3,875,353.13) for the project known as Street Improvements Along
Stockdale Highway From Country Club Entrance to Ashe Road and Village Lane
to Weatherly Drive (Wards 1, 2, & 6).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for modifying the median islands and reconstructing the
roadway on Stockdale Highway. This construction will expand the roadway to three travel lanes
in each direction.
Contract Change Order No. 1 provides for removal of an abandoned underground concrete
vault and older portions of concrete and pavement discovered within the structural section of
the new roadway construction. This change order also provides for additional signage and a
"rumble strip" on Stockdale Highway west of Ashe Road. These devices are necessary to
provide additional safety protection for the residences that front Stockdale Highway In this area.
The contractor has agreed to do this additional work for a lump sum price of $11,407.24.
Contract Change Order No. 2 provides for five items of additional unanticipated work that
needed to be performed as part of this agreement, The contractor has agreed to accept a
lump sum of $34,623.80 to perform work on the following items:
1) In order to provide for proper sloping of the new roadway, 52 lineal feet of median curb
had to be removed and replaced.
2) A large number unanticipated utility lines were discovered during the construction
process requiring the contractor to perform additional work to locate these utilities.
3) Due to field conditions, an additional 546 lineal feet of conduit, 2,000 lineal feet of wire,
and 1000 lineal feet of pull rope had to be Installed for three street lights that need to be
relocated. The contractor also had to do additional utility location work due to this
unanticipated change,
4) During construction, it was discovered that one of the existing 2" conduits that is to
receive new interconnect cable was damaged and needs to be repaired by the
contractor,
5) In order to complete the irrigation system, the contractor will need to install an additional
800 lineal feet of irrigation main line.
RM (Construction)
December 29, 2009, 4:25PM
G:\GR0UPDAT\ADMINRPT\2010\01-13\CCO 1-4 Stockdale Hwy Improvements.doc
ADMINISTRATIVE REPORT
Contract Change Order No. 3 provides for additional work necessary to install detector loop
systems at various locations on Stockdale Highway. This work was necessary due to
unanticipated detector configurations discovered during construction. This change order also
provides for work to repair areas of unstable subgrade surfaces found during the paving
process. The contractor has agreed to accept a lump sum of $46,149.64 for performing this
additional work.
Contract Change Order No. 4 provides for reconstructing the roadway on Stockdale Highway
between Ashe Road and Country Club Entrance. This work was outlined in the bidding
documents for this project as Additive Alternate No. 5. This work was not originally awarded due
to the overall bid price of the project; however, due to efficiencies in construction
management, a cost savings of ($511,843.52) In asphalt concrete costs will allow this Additive
Alternate to be built at the original bid price of $393,155.00. It should be noted that 150 lineal
feet of median island will need to be removed and reconstructed in order to provide proper
sloping for this new roadway. The contractor has agreed to do this median work for the lump
sum price of $4,766.26. The overall cost impact of this change order will result in a credit of
($113,922.26).
The cumulative cost affect of Contract Change Orders 1 through 4 will decrease the project
total by ($21,741.58) (which results in a .059'' decrease of the original contract amount) as
illustrated below:
• Original Contract Amount = $3,897,094.71
• Amended Contract Agreement after Change Orders = $3,875,353.13
Net Decrease to date = 21, 741.58)
RM (Construction)
December 29, 2009, 4:25PM
G:\GROUPDAT\ADMINRM2010\01-13\CC0 1-4 Stockdale Hwy Improvements.doc
A
ADMINISTRATIVE REPORT
c L LL1
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ , a a .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 29, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 09-129 with Granite
Construction ($67,074,10, for a revised not to exceed amount of $682,582.10)
for the project known as Pavement Rehabilitation 2009 CDBG-R (Ward 2).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the pavement rehabilitation of Chico Street from King
Street to Owens Street, Owens Street from Chico Street to E, 18th Street, Eureka Street from King
Street to Owens Street, Delores Street from Beale Street to Gage Street, and King Street from
Chico Street to E. 18th Street.
This change order provides for extending the project limits to include the complete pavement
rehabilitation of Beale Avenue from Chico Street to Eureka Street. This needed work was not
included in the original scope of the project because the projected cost analysis done during
design showed that sufficient funds were not available; however, due to the lower than
expected bids on this project, sufficient funds are available within the current project funding for
the Beale Avenue work. The contractor has agreed to perform this additional work for $67,074.10
This is the first change order to be submitted for this project. This change order will increase the
project total by $67,074.10 (which results in a 10.9% increase of the original contract amount) as
illustrated below:
• Original Contract Amount = $615,508.00
• Amended Contract Agreement after Change Orders = $682,582.10
Net Increase to date = $67,074.10
RM (Constructlon)
December 30, 2009, 9;58AM
G:\GROUPDAT\ADMINRPT\2010\01-13\CCO 1 CDBG-R,doc
A
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: g. bh
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD s
DATE: December 22, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from McPeek's Dodge of Anaheim in the amount of $96,739.34 for six
(6) replacement midsize sedans for the Police Department and Fleet Services
Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) vendors for providing
replacement midsize sedans. Eight (8) bids were received in response to the solicitation.
All vehicles to be replaced have excessive miles and the fleet division staff believes the
vehicles will have increased maintenance costs should they remain in service.
BIDDER ~r TOTALS
McPeek's Dodge of Anaheim
Anaheim, CA $96,739.34
Jack Gosch Ford $96,935.62
Hemet, CA
Bakersfield CA.~.. ,..__....w...,_..._ _
Jim Burke Ford
$102,027.81
HW Hunter,
Lancaster, CA _ $104,570.04
TheodoreRobinsFord _
Costa Mesa, CA $114,599.53 i
I.
Nissan of Visalia F $128,636.18
r Visalia, CA
i Visalia Toyota
$142,347.13
Visalia, CA
1 Penske Toyota
$147,066.83
Downey, CA J
-
Staff finds the bid submitted by McPeek's Dodge of Anaheim to be acceptable and
recommends award of the bid.
Purchasing Division
S:\PURCFMDMIIN\Admin 09-10\Four Door Midsize Sedans, 09-10-21, January 13, 2010.docx
December 22, 2009, 9:03AM
A
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: `j, cc ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: December 21, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept base bid and additive alternates 1 and 2 and award contract to
Community Playgrounds, Incorporated ($162,305) for the installation of
playground equipment at five (5) City park locations. (Wards 2, 5, 6)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract to
Community Playgrounds, Incorporated for the installation of playground equipment at five (5)
City park locations.
BACKGROUND: On November 18, 2009, Council awarded the purchase of Playground
Equipment and Rubberized Surfacing for Amberton, Beach, Campus South, Corvallis and Kroll
Parks. Invitations to bid were sent to over two hundred (200) contractors for the installation of
the Playground Equipment. The base bid includes a lump sum price for receiving, off-loading,
inventorying, storing and installing City provided playground equipment. Additive Alternate 1
includes providing, installing and removing temporary construction fencing at five (5) park
locations. Additive Alternate 2 includes demolition and removal of existing playground
equipment at five (5) park locations.
Five (5) bids were received in response to the solicitation as follows:
Community Playgrounds, Inc in the amount of Base Bid $132,538.00
Novato, CA Additive Alternate 1 7,410.00
Additive Alternate 2 22,357.00
Total Bid $162,305.00
Gospich Construction, Inc in the amount of Base Bid $146,700.00
Bakersfield, CA Additive Alternate 1 8,820.00
Additive Alternate 2 44,800.00
Total Bid $200,320.00
M D Structural Contractors in the amount of Base Bid $155,185.00
Thousand Oaks, CA Additive Alternate 1 6,501.60
Additive Alternate 2 61,750.00
Total Bid $223,436.60
Purchasing Division
SAPURMADMIN\Admin 09-10\Playground Equipment Installation, 09-10-31, January 13, 2010.docx
ADMINISTRATIVE REPORT
Fleming Environmental, Inc in the amount of Base Bid $169,800.00
Fullerton, CA Additive Alternate 1 10,080.00
Additive Alternate 2 29,000.00
Total Bid $208,880.00
Malibu Tennis Courts, Inc. in the amount of Base Bid $216,650.00
Westlake Village, CA Additive Alternate 1 24,858.00
Additive Alternate 2 75,000.00
Total Bid $316,508.00
Funds are budgeted in the 2009-2010 fiscal year for this project. Staff recommends award of
the Base Bid and Additive Alternates 1 and 2 in the amount of $162,305 to allow the installation
of City purchased playground equipment at Amberton, Beach, Campus South, Corvallis and
Kroll Parks.
Purchasing Division
SAPURMADMIMAdmin 09-10\Playground Equipment Installation, 09-10-31, January 13, 2010.docx
A
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: dd.
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD
DATE: December 16, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate contributions totaling $900 to the Recreation and Parks Department
Operating Budget within the General Fund for the MLK Community Center. (Ward
1)
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
In August 2009, the Garden Master's Community Garden at Martin Luther King, Jr. Center was
vandalized. Items were taken that included an apple tree, tools, gloves, and vegetables. Also,
plants were torn out and pots were broken. A local news channel televised details about the
incident. Many community members who saw the story on the news wanted to help, so they
donated items and made monetary contributions. The following are the monetary contributions
received:
Contributor Amount
SEIU Local 521 $500
My Gym Children's Fitness Center $300
Anonymous Contributions from Individuals 100
Total 900
Staff recommends approval of appropriation to purchase tools, seeds, and fruit trees for the
Garden Master's Community Garden.
jln
December 29, 2009, 12:16PM:jln
SAADMINISTRATION DIVISIONWdmin Rpts\2010 Admins\MLK Community Garden.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: , e .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~'J/
DATE: December 14, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Tract Map 7166 (ONLY)
1. Final Maps with Castle 8 Cooke California, Inc. a California corporation, for Tract
Map 7166 Unit 17818 located south of Ming Avenue and west of Gosford Road.
(Ward 5)
RECOMMENDATION: Staff Recommends approval of the map. (ONLY)
BACKGROUND: Tract No. 7166 Unit 17 is a merger and resubdivision of lots 150 through 155 of Tract No
6799, Book 57 at pages 71 through 79 and a portion of Parcel "B" of Lot Line Adjustment No. 08-1189
Certificate of Compliance recorded November 14, 2008 as Document No. 0208177913.
Tract No. 7166 Unit 18 is a merger and resubdivision of lots 147 through 149 (inclusive) of Tract No. 6799
Book 57 at pages 71 through 79 and a portion of Parcel "B" of Lot Line Adjustment No. 08-1189, Certificat(
of Compliance recorded November 14, 2008 as Document No. 0208177913.
All improvements were constructed with Tract No. 6799 for the lots to be created with the recordation o
Tract No. 7166. A notice of Completion and Acceptance of Work was recorded on October 16, 2007 a
Document No. 0207209185, O.R. and a Security Release letter dated October 24, 2007 was issued
Therefore, no Agreements are necessary for the recordation of the final map.
NOTE: THE IMPROVEMENT AGREEMENTS
FOR TRACT 6799 ARE FH ED IN THE CITY
CLERK'S OFFICE FOR REVIEW.
dha
December 14, 2009, 11:33AM
G:\GROUPDAT\ADMINRPT\2010\01-13\Flnal Map T7166 Unit 17 & 18 (MAP ONLY).doc
A
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council PROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD C~
DATE: December 9, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Acceptance of 2008-09 Transportation Development Act Funds Financial Statements.
RECOMMENDATION: Staff recommends referral to Budget and Finance Committee.
BACKGROUND: In compliance with the Kern Council of Governments Rules and Regulations,
the California Public Utilities Code section 99245, and the California Code of Regulations
section 6664, the attached financial statements for the Transportation Development Act Funds
were prepared for the fiscal year ending June 30, 2009.
The financial statement summarizes fiscal activity for the Bikeway and Pedestrian Fund, and
the Public Transit Fund.
The accuracy and the fairness of the presentation is the responsibility of the City. The audit
firm of Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter Accountancy
Corporation has issued an unqualified opinion.
G:\GROUPDAT\ADMINRPT\2010\01-13\Transp Dev Act Funds Financial Stm.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: g .
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD r
DATE: December 28, 2009 CITY ATTORNEY
CITY MANAGER &
SUBJECT: Review and acceptance of the Fiscal Year 2008-2009 Annual Compliance Report
for Park Impact Fees prepared in accordance with California Government Code
§66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Park Impact Fees for the
fiscal year ended June 30, 2009 prepared in accordance with California Government Code
§66006.
On November 7, 1990, Council adopted a park development and improvement fee program for
the purposes of developing and improving parks and recreational facilities serving the residential
development within the City of Bakersfield. Fees are collected based on the development's
share of cost to develop, improve, construct or enhance a public park.
On April 19, 1995, Council established an orderly process for the dedication, reservation and
acquisition of park land within the city for the purpose of supplying public parks and recreation
facilities. The sub divider shall dedicate, reserve land, pay a fee in-lieu, or a combination thereof,
at the option of the Advisory Agency, for park or recreational purposes.
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
The Annual Compliance Report was made available to the public on December 17, 2009.
iln
S:\ADMINISTRATION DIVISION\Admin Rpts\2010 Admins\PIF Compliance Report admin.doc
~yCA R,r
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: g, h.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ` 5vA
DATE: December 28, 2009 CITY ATTORNEY Q~
CITY MANAGER /W
SUBJECT: Review and acceptance of the Fiscal Year 2008-2009 Annual Compliance Report
for Transportation Impact Fees prepared in accordance with California
Government Code §66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Transportation Impact Fees
for the fiscal year ended June 30, 2009 prepared in accordance with California Government
Code §66006.
In April 1992, Council adopted a transportation impact fee program to fund improvements to the
Metropolitan Bakersfield transportation system necessary to accommodate future growth. In
January 1997, Council adopted Phase II of this program, which was designed to fund more
projects and eliminate the need for developers to provide transportation impact studies for most
projects. In September 2003, Council adopted Phase III of this program with the intent of
updating the program and encouraging in-fill development by creating a Core and Non-Core
area within the Metropolitan Bakersfield General Plan limits including individual fee structures for
the respective areas. In July 2009, Council approved Phase IV of this program which adopted a
regional program and projects development through 2035. It is important to note that the
attached Annual Compliance Report does not include Phase IV fees since these fees went into
effect after June 30, 2009.
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 17, 2009.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\GROUPDAT\ADMINRPT\2010\01-13\TIF Compliance Report admin.docx
A 1C
OF yww^+r RS
ADMINISTRATIVE REPORT
I0
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: December 28, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Review and acceptance of the Fiscal Year 2008-2009 Annual Compliance Report
for Planned Sewer Area Fees prepared in accordance with California Government
Code §66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Planned Sewer Area Fees for
the fiscal year ended June 30, 2009 prepared in accordance with California Government Code
§66006.
There may be imposed by local ordinance a requirement for the payment of fees for purposes of
defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local
sanitary sewer areas (GC §66483).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 17, 2009.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\GR0UPDAT\ADMINRPT\2010\01-13\PSA Compliance Report admin.docx
OF ~w•ro
ADMINISTRATIVE REPORT
1 0
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 13 LA,
DATE: December 28, 2009 CITY ATTORNEY Q~
CITY MANAGER
SUBJECT: Review and acceptance of the Fiscal Year 2008-2009 Annual Compliance Report
for Planned Drainage Area Fees prepared in accordance with California
Government Code §66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Planned Drainage Area Fees
for the fiscal year ended June 30, 2009 prepared in accordance with California Government
Code §66006.
There may be imposed by local ordinance a requirement for the payment of fees for purposes of
defraying the actual or estimated costs of constructing planned drainage facilities for the
removal of surface and storm waters from local or neighborhood drainage areas (GC §66483).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 17, 2009.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\GROUPDAT\ADMINRPT\2010\01-13\PDA Compliance Report admin.docx
AK
oF,wM.,.~R
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: g,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD fSV k
DATE: December 28, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Review and acceptance of the Fiscal Year 2008-2009 Annual Compliance Report
for Bridge Crossing and Major Thoroughfare Fees prepared in accordance with
California Government Code §66006. (Wards 3 & 6)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Bridge Crossing and Major
Thoroughfare Fees for the fiscal year ended June 30, 2009 prepared in accordance with
California Government Code §66006.
A local ordinance may require the payment of a fee as a condition of approval of a final map or
as a condition of issuing a building permit for purposes of defraying the actual or estimated cost
of constructing bridges over waterways, railways, freeways, and canyons, or constructing major
thoroughfares (GC §66484).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 17, 2009.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\GROUPDAT\ADMINRPT\2010\01-13\MBTA Compliance Report admin.docx
BA E
,p 0*4 S
ADMINISTRATIVE REPORT
c~♦
IF O
MEETING DATE: January 13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8 . ~1.
TO: Honorable Mayor and City Council APPROVED
FROM: Steve Teglia, Administrative Analyst III DEPARTMENT HEAD
DATE: December 28, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Revision to Miscellaneous Civil Service Rules & Regulations - 3.03A
RECOMMENDATION:
Staff recommends approval of the revision.
BACKGROUND:
The Miscellaneous Civil Service Commissioners have requested a change in the
regular meeting time from 3:00 p.m. to 2:00 p.m. The commissioners approved this
change at their December 15, 2009 meeting.
A
ADMINISTRATIVE REPORT
MEETING DATE: January13, 2010 AGENDA SECTION: Consent Calendar
ITEM: 9.rnha,
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: January 4, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: City Council Goals Update
RECOMMENDATION: Staff recommends adoption of City Council Goals.
BACKGROUND:
Attached is the updated version of City Council Goals which were submitted to the Council and reviewed
on, November 18, 2009. This updated version of City Council Goals was originally adopted by the City
Council in November of 2007, and includes the targeted actions which support the completion of the goals
and the target dates (shown in bold) where applicable. The goals have been updated to remove those
items which have been completed or were no longer relevant, provide new information where goals or
targets have changed, and added new goals as needed. Changes are noted (with shading) and reasons
for the change shown in the right margin of the goals document. The modified goals have been reviewed
and discussed with the Department Heads, who have contributed to the update and changes.
There are four documents included with this administrative report. The first is a summary which shows
just the major goals. The second includes the updated goals with the Target Actions and Guiding
Principles. The third is a copy of the Goals Highlight Summary for October 2009 which details
accomplishments and progress made towards Council Goals that were adopted in 2007. The fourth is a
copy of the goals that were adopted in 2007.
Council goals provide policy guidance to staff for budgetary and program implementation. The Council
may choose to further update these goals or make additional modifications as desired.
Jimary 4, 2010, 10:25AM
S:%dmin Rpts12009\Council goals admin 1-13-10.docx
JWS:al
~ BA
ADMINISTRATIVE REPORT
IF
MEETING DATE: January 13, 2010 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD_
DATE: December 29, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering the vacation of a flowage and drainage easement at the
southeast corner of the property located at 68 E. White Lane, PM 11785 (Ward 1)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request to vacate the flowage and
drainage easement located at the southeast corner of the property located at 68 E. White
Lane, PM 11785. The existing sump is being relocated to the northeast corner of the property
and a new flowage and drainage easement will be provided and recorded prior to final
approval of this vacation. A new access easement to the new sump location will also be
completed prior to final approval, along with an access easement over the existing sewer lift
station.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there are City sewer and 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.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of
the proposed vacating area. Public Works has received no objections from these owners as of
the date of this report.
The proposed vacation was approved by the Planning Department on November 3, 2009 per
local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010
General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
Resolution of Intention No. 1650 declaring intention to order said proposed easement vacation
was adopted by City Council at the regular meeting of November 18, 2009.
Notice of this public hearing has been duly advertised and posted as required by law.
December 29, 2009, 12:13:36 PM (MM-Subdivs.)
G:\GROUPDAT\ADMINRPT\2010\01-13\Admin Report - Final Hearing.doc
f V ru
ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Hearings
ITEM: 1-b.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: December 29, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving a tax-exempt bond financing to be issued by the California
Statewide Communities Development Authority to benefit American Baptist Homes
of the West (Rosewood Retirement Community located at 1301 New Stine Road)
and certain affiliates. (Ward 6)
RECOMMENDATION:
Staff recommends adoption.
BACKGROUND:
The City of Bakersfield is being asked to adopt a resolution approving of tax-exempt revenue bonds by
California Statewide Communities Development Authority (Authority) in an aggregate principal amount not
to exceed $150 million, to assist American Baptist Homes of the West (ABHOW) in refinancing the
Rosewood Retirement Community, in addition to refunding existing bonds on other facilities located
throughout California. The approval of the City is only for Rosewood Retirement Community. Such
approval is required for compliance with the federal tax laws under the Tax and Equity Fiscal
Responsibility Act of 1982 ('TEFRA"), as well as Section 9 of the Authority's Amended and Restated Joint
Powers Agreement (the "Agreement").
ABHOW commenced operations in Bakersfield with the opening of Rosewood Retirement Community
located at 1301 New Stine Road in 1974. ABHOW has been providing services and programs to senior
citizens since 1949 through 25 affordable housing retirement communities.
The Bonds would be tax-exempt private activity bonds for the purposes of the Internal Revenue Code and,
as such, require the approval of the elected body of the governmental entity having jurisdiction over the
area where the project to be financed is located. The City will not be under any obligation to repay the
Bond indebtedness.
In order for the Authority to issue such Bonds, the City must (1) conduct a public hearing allowing
members of the public to comment on the proposed Project, and (2) approve of the Authority's issuance of
Bonds on behalf of the proposed financing. The Authority is a California joint exercise of powers authority,
organized and existing under the laws of the State of California (specifically, California Government Code
Section 6500 and following), and is sponsored by the League of California Cities and the California State
Association of Counties. Under the California Government Code, cities and counties are authorized to
S:\Admins\City Council\City Council Admins 2010\TEFRA Rosewood.doc
12/29/2009 9:16 AM
ADMINISTRATIVE REPORT Page 2
form by agreement a governmental entity that combines the powers of such entities to perform certain
governmental functions specifically outlined in the Agreement. With respect to the Authority, over 460
California cities, counties and special districts have entered into and executed the Agreement to become a
member of the Authority, including the City of Bakersfield. The Authority is authorized to assist in the
financing of 501(c)(3) nonprofit projects.
There is no direct or indirect financial impact to the City of Bakersfield as a result of this proposed
financing. The Authority will issue tax-exempt revenue bonds on behalf of the Project. The tax-exempt
revenue bonds are payable solely out of the revenues derived by the Borrower from the applicable Project.
No financial obligations are placed on the City for project financing costs or debt repayment.
S:\Admins\City Council\City Council Admins 2010\TEFRA Rosewood.doc
12/29/20099:16 AM
A
U p
ADMINISTRATIVE REPORT
~r aI
c LI
MEETING DATE: January 13, 2010 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: January 5, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(rwo cases).
• Sanders & McDaniel v. City of Bakersfield
USDC Case No. CV-F-04-5541 AWI
• Land Lot 1, LLC, et al v. City of Bakersfield
KCSC Case No. S-1500-CV-263357 WDP
VG:Isc
SACOUNCIL\CI SessWdmins\09-10\1-13-10ExistLit.doc
A
ADMINISTRATIVE REPORT
1
MEETING DATE: January 13, 2010 AGENDA SECTION: Closed Session
ITEM: 16'.b.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD P/6-
DATE: January 5, 2010 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
SACOUNCIOCI Sess\Admins\09-10\1-13-10.Po1L@.doc
A
U ADMINISTRATIVE REPORT
MEETING DATE: January 13, 2010 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V(;,-
DATE: January 5, 2010 CITY ATTORNEY VG'
CITY MANAGER
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
SACOUNCIL\CI Sess\Admins\09-10\ 1-13-IOLaborNeg.doc
Ak
S
ADMINISTRATIVE REPORT
~ „LLs
I
MEETING DATE: January 13, 2010 AGENDA SECTION: Closed Session
ITEM: ~,S d
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 1Z-
DATE: December 11, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Employee Performance Evaluation - City Attorney
Closed session pursuant to Government Code section 54957(b)(1) / 54957.6
VG:Isc
SACOUNCIL\CI Sess\Adm1ns\09-10\ 1-13-10-CAEvd.doc
~CBA
E~
° ""r 0, BAKERSFIELD CITY COUNCIL
MINUTES
t~ MEETING OF DECEMBER 16, 2009
ftyl
~9LIF
0
Council Chambers, City Hail, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m. ACTION TAKEN
Mayor Hall convened the meeting at 5:17 p.m. and
asked for a moment of silence in the memory of
Darrell Hildebrand, KernCog colleague, who passed
away on November 5, 2009.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan
Absent: Councilmember Hanson
2. INVOCATION by Councilmember Carson.
3. PLEDGE OF ALLEGIANCE by Councilmember Weir.
Mayor Hall recognized Boy Scout Troop 53 in
attendance at the meeting to earn their merit badge
in community citizenship and communications.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
John Fallgatter, Rolly Rhodes and Greg Sceals
honoring their beautification efforts in
downtown Bakersfield and declaring
December 16, 2009 as Fallgatter Rhodes
Insurance Services Day.
Messrs. Fallgatter, Rhodes and Sceals received
the Proclamation, and Mr. Fallgatter made
comments.
Bakersfield, California, December 16, 2009 - Page 2
4. PRESENTATIONS continued ACTION TAKEN
b. Presentation by Mayor Hall of a Proclamation to
Arin Resnicke designating January 7-14, 2010 as
Architectural Awareness Week.
Mr. Resnicke received the Proclamation and
made comments.
Mayor Hall recognized the Keep Bakersfield Beautiful
Committee in attendance in support of the
presentation to Fallgatter Rhodes Insurance Agency.
5. PUBLIC STATEMENTS
a. Susan Stone, President of Bakersfield Sister City
Project Corporation, who introduced Past
President Frank Tripicchio, Past President and
Board Member Emeritus George Ogden, and
Board Members Nazar Kooner, Gurujodha
Khalsa, Manuel Arriola, and several members of
the Punjabi community; and spoke in support of
Consent Calendar Item 8.m., the Resolution
designating Amritsar, Punjab, India, as
Bakersfield's newest Sister City.
b. Carol Bender and Gordon Nipp spoke in
opposition to the rezoning ordinances in
Consent Calendar items 8.c. and 8.d.
C. Marvin Dean, President of the Kern Minority
Contractors Association, spoke regarding the
3rd Annual Public Contracting Expo on
January 21, 2010, and the Awards Appreciation
Dinner on January 20th, invited the City Council
to attend and provided written material.
d. Louis Vegas, owner of One Way Towing spoke
regarding a proposed Metro program and
provided written material.
e. Stephanie Campbell spoke regarding the
annual Martin Luther King, Jr. Breakfast and
Youth Luncheon on January 18, 2010; the
California Asset Policy Initiative and provided
written material; thanked Police Chief Rector
for his years of service, open-door policy and
participation in community events and
activities; and thanked City Clerk McCarthy for
her years of service.
Bakersfield, California, December 16, 2009 - Page 3
6. WORKSHOPS ACTION TAKEN
None.
7. APPOINTMENTS
Mayor Hall announced that since there was only one
candidate for each Board appointment, no ballots will
be handed out to the City Council for voting.
a. One appointment to the Fire Civil Service
Board, due to the expiration of term of
Mike L. George, whose term expires
December 31, 2009.
Motion by Vice-Mayor Scrivner to reappoint APPROVED
Mike L. George to the Fire Civil Service Board for AB HANSON
a 3-year term to expire December 31, 2012.
b. One appointment to the Miscellaneous Civil
Service Board, due to the expiration of term of
Daniel Williams, whose term expires
December 31, 2009.
Motion by Vice-Mayor Scrivner to reappoint APPROVED
Daniel Williams to the Miscellaneous Civil AB HANSON
Service Board for a 3-year term to expire
December 31, 2012.
C. One appointment to the Police Civil Service
Board, due to the expiration of term of
Steven C. Anderson, whose term expires
December 31, 2009.
Motion by Vice-Mayor Scrivner to reappoint APPROVED
Steven C. Anderson to the Police Civil Service AB HANSON
Board for a 3-year term to expire December 31,
2012.
d. One appointment to the Kern Mosquito and
Vector Control District, due to the expiration of
term of Morris C. Mahlmann, whose term expires
December 31, 2009.
Motion by Vice-Mayor Scrivner to reappoint APPROVED
Morris C. Mahlmann to the Kern Mosquito and AB HANSON
Vector Control District for a 2-year term to
expire December 31, 2011.
Bakersfield, California, December 16, 2009 - Page 4
8. CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the November 18, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR
November 6, 2009 to December 3, 2009
in the amount of $28,532,267.38 and self-
insurance payments from November 6, 2009
to December 3, 2009 in the amount of
$476,582.72.
Ordinances:
C. First Reading of Ordinance amending the FR
Official Zoning Map in Title 17 of the Municipal
Code by changing the zone district from
County A (Exclusive Agriculture) to R-1 (One
Family Dwelling), R-2 (Limited Multiple Family
Dwelling), C-O (Professional and Administrative
Office), C-2 (Regional Commercial) and A
(Agriculture) on 783.21 acres located west of
Renfro Road, between Kratzmeyer and Reina
roads, east of Nord Avenue (ZC 09-0591 - Tom
Dee, representing Western Properties).
d. First Reading of Ordinance amending the FR
Official Zoning Map in Title 17 of the Municipal
Code by changing the zone district from
County A (Exclusive Agriculture) to R-1 (One
Family Dwelling), R-2 (Limited Multiple Family
Dwelling), E (Estate) and C-2 (Regional
Commercial) on approximately 1,614 acres
located on the west side of Santa Fe Way,
between Seventh Standard and Kratzmeyer
roads, east of Greeley Road (future alignment)
(ZC 09-0609 - Keith Gardner, representing
Rosedale Ranch Farming Group, Gardiner
Family LLC, and Grimmway Enterprises, Inc.; the
property owners).
e. Adoption of Ordinances:
1. Amending Sections 5.56.010, 5.56.020, ORD 4607
and 5.56.040 relating to transient outdoor
businesses.
Bakersfield, California, December 16, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.e. continued
2. Amending Section 16.32.080 ORD 4608
relating to improvements in subdivisions
for which parcel map is required.
f. Adoption of Ordinance approving Zone ORD 4609
Change No. 09-0604 to modify Condition No. 5
and Condition No. 17 for GPA/ZC No. 05-0844,
located at the southeast corner of Seventh
Standard Road and planned Allen Road
alignment (ZC 09-0604 - Summit Engineering).
g. Adoption of Ordinance approving the Notice ORD 4610
of Exemption and amending the Official Zoning
Map in Title 17 of the Municipal Code by
changing the zone district from R-1 (One Family
Dwelling) and R-2 (Limited Multiple Family
Dwelling) to OS (Open Space) on 180 acres
located south of Highway 178 and east of
Miramonte Drive (ZC 06-1681 - Porter and
Associates, Inc., representing A&E Union, Inc.).
Resolutions:
h. Resolution adopting the Investment Policy of
the City. RES 131-09
i. Sewer construction and connection fee(s)
assessment for 140 Dunlap Street:
1. Resolution confirming assessments for the RES 132-09
construction and connection fee(s) and
authorizing the collection of assessments
by the Kern County Tax Collector.
2. Agreement with Milton J. Campos and
Kimberly G. Campos to pay construction AGR 09-156
and connection fee(s) in installments
and notice of special assessment lien.
j. Resolution approving the application for grant RES 133-09
funds for the Environmental Enhancement and
Mitigation Program, pursuant to Section 164.56
of the Streets and Highways Code, to
landscape existing medians along a portion of
Chester Avenue and authorizing the Public
Works Director or designee to execute all
necessary documents.
Bakersfield, California, December 16, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
k. Holmatro Rescue Equipment:
1. Resolution determining that Holmatro RES 134-09
rescue equipment cannot be obtained
through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding therefor, not to
exceed $63,000.
2. Approve the purchase of replacement
Holmatro rescue equipment from FS3 in
the amount of $63,000.
1. Resolution adding territory Area 2-42 (5801 RES 135-09
District Boulevard) to the Consolidated
Maintenance District, confirming assessments,
approving the Public Works Director's Report
and authorizing collection of assessments by
the Kern County Tax Collector.
M. Resolution designating Amritsar, Punjab, India, RES 136-09
as a Sister City.
n. Resolution confirming approval by the Assistant RES 137-09
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:
o. Agreement with The Bakersfield Sports AGR 09-157
Foundation delineating the parties' obligations
and responsibilities for hosting the 2010 Stage 5
Finish of the Amgen Tour of California.
P. Police Service Dogs:
1. Agreement with Master K-9, Inc. AGR 09-158
($25,835) to purchase two Police Service
Dogs and train two Police K-9 handlers.
Bakersfield, California, December 16, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.p. continued
2. Appropriate $33,420 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.
q. Agreements with S&K Engineering ($200,000), AGR 09-159
McIntosh & Associates ($200,000), and Meyer AGR 09-160
Engineering ($200,000) to provide on-call AGR 09-161
construction inspection services for
Development Projects and Capital
Improvement Program.
r. Agreement with Bakersfield Homeless Center AGR 09-162
($153,504) for sorting of green waste material at
the Mt. Vernon Green Waste Facility.
S. Agreement with Soils Engineering, Inc. AGR 09-163
($448,375) to provide materials testing services
for calendar years 2010 and 2011.
t. Reciprocal Surface Agreements with Chevron
U.S.A., Inc., to lease space for communications
facilities:
1. Agreement to lease space at Chevron's AGR 09-164
Warner Communications site, located at
China Grade Loop Road, to maintain
and operate City radio and microwave
equipment for communication purposes.
2. Agreement to lease space to Chevron AGR 09-165
at City's communications facility at
4200 Panorama Drive for communication
purposes.
U. Agreement with Pacific Gas and Electric Co. AGR 09-166
($117,425) for relocation of electric distribution
facilities in conflict with City's Mohawk Street
Extension Project - Westside Parkway Phase 1
(TRIP).
Bakersfield, California, December 16, 2009 - Page 8
8. CONSENT CALENDAR continued ACTION TAKEN
V. Amendment No. 2 to Agreement No. 06-208 AGR 06-208(2)
with Dokken Engineering ($330,000; revised not
to exceed $7,015,674) for engineering design
services for the Westside Parkway Project
Phases I and IV. (TRIP)
W. Amendment No. 3 to Agreement No. 06-345 AGR 06-345(3)
with Valley Pacific Petroleum Services, Inc.
($4,000,000; revised not to exceed $16,000,000)
and extending term for one year for the annual
contract for gasoline and diesel fuel.
X. Amendment No. 4 to Agreement No. 06-391 AGR 06-391(4)
with Bradco Industrial Corp. extending term for
one year for the annual contract for wood
grinding with no dollar cost increase.
Y. Amendment No. 2 to Agreement No. 08-123 AGR 08-123(2)
with AmCal Santa Fe Fund, L.P. for the
construction and development of
approximately 3,000 square feet of
commercial/retail space and 55 affordable
multifamily units at 701 Union Avenue - Santa Fe
Apartments to extend performance dates.
Z. Amendment No. 1 to Agreement No. 08-208 AGR 08-208(1)
with Precision Fertilizer Spreading ($247,000;
revised not to exceed $357,250) and extending
term for one year for the annual contract for
hauling and spreading biosolids.
aa. Amendment No. 1 to Agreement No. 08-225 AGR 08-225(1)
with Muxlow Construction ($50,000; revised not
to exceed $100,000) of Community
Development Block Grant funds to provide
handicap access improvement services to
qualified low-income residents in owner
occupied structures.
bb. Amendment No. 1 to Agreement No. 08-237 AGR 08-237(1)
with Pickinpaugh Concrete Construction, Inc.,
extending term for one year for the annual
contract for block wall repair with no dollar cost
increase.
Bakersfield, California, December 16, 2009 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
cc. Amendment No. 1 to Agreement No. 09-080 AGR 09-080(1)
with The Ramsay Group, LLC ($9,400; revised
not to exceed $74,350) for consulting services in
the preparation of the 2010-2015 Consolidated
Plan, the Citizen Participation Plan, and the
Analysis of Impediments to Fair Housing Choices
for the U.S. Department of Housing and Urban
Development.
dd. Roof repairs at the Bakersfield Sanitary Landfill
Building Project:
1. Amendment No. 1 to Agreement AGR 09-167
No. PW 09-159 with Solar Coatings, Inc.,
for project.
2. Contract Change Order No. 1 to AGR 09-167
Agreement with Solar Coatings, Inc. CCO1
($24,586; revised not to exceed $53,669),
for project.
ee. 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. 2 to Agreement AGR 07-021(2)
No. 07-021 with Christopher A. Joseph &
Associates ($51,055; revised not to
exceed $461,055) for preparation of an
EIR.
2. Appropriate $51,055 (developer's
contribution) to the Development
Services Operating Budget in the
General Fund for the EIR consultant.
ff. Contract Change Order No. 1 to Agreement AGR 08-117
0001
No. 08-117 with AC Electric Co. ($17,855; revised ABS COUCH
not to exceed $315,950) for traffic signal and
lighting, Mill Creek Linear Park located at 19r"
and 21 5' streets.
Bakersfield, California, December 16, 2009 - Page 10
8. CONSENT CALENDAR continued ACTION TAKEN
gg. Mill Creek Linear Park Phases 2, 4, 5A and 513: ABS COUCH
1. Contract Change Order Nos. 1 1 and 12 AGR 09-031
to Agreement No. 09-031 with Elite 00011, 00012
Landscaping ($303,147; revised not to
exceed $3,530,388.71).
2. Transfer $291,000 from the Old Town Kern
Redevelopment Project Area Operating
Budget to the Public Works Department
Capital Improvement Budget within the
Old Town Kern Project Area Fund.
Bids:
hh. Accept bids from Jack Gosch Ford ($96,935.64) REMOVED
for six replacement gasoline powered midsized
sedans for the Police Department.
ii. Accept bid from Flashco, Inc. ($65,296.40) for
traffic cones, delineators and barricades for the
Public Works Department, Streets Division.
jj. Accept bid and award contract to Polydyne, AGR 09-168
Inc. ($46,807.30) for polymers for the Public
Works Department, Wastewater Division Plant
No. 3.
kk. Purchase of Multimedia Display Systems for the
Fire Department Operations Center (DOC).
1. Accept bid from ATK Services, Inc. AGR 09-169
($86,970) for purchase of multimedia
display systems for the Fire Department
DOC.
2. Appropriate $174,221 Federal Grant
Revenue to MMRS Fund.
II. Accept bid and award contract to A-C Electric AGR 09-170
Co. ($211,866.40) for traffic signal and lighting
system installation on Union Avenue at Hosking
Road.
mm. Accept bid and award contract to Amber AGR 09-171
Chemical, Inc. (not to exceed $75,000) for pool
chemicals.
Bakersfield, California, December 16, 2009 - Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
nn. Appropriate $58,891 Federal Grant Revenues
(FY2009-10 Sobriety Checkpoint Mini-Grant
Award from the State Office of Traffic Safety) to
the General Fund Police Operating Budget, to
fund overtime for DUI checkpoints in the Traffic
Division.
oo. Appropriate $37,158 Federal Grant Revenues
(FY2009-10 Next Generation - Click It or Ticket
Mini-Grant Program from the State Office of
Traffic Safety) to the General Fund Police
Operating Budget, to fund overtime for seatbelt
enforcement mobilization for the Traffic Division.
pp. Appropriate $22,000 Fire Trust, Hazmat Penalty
account to the Fire Department's Operating
Budget within the General Fund for purchases
of hazardous materials equipment.
qq. Quitclaim Deed to K. Hovnanian at Bakersfield DEED 7248
463, LLC and Bakersfield City School District for
an overflow parking easement over land
adjacent to the Mesa Marin Softball Complex.
rr. Audit Reports (refer to Budget and Finance
Committee) :
1. Comprehensive Annual Financial Report
(CAFR) for fiscal year ended June 30,
2009.
2. Agreed Upon Conditions Report for fiscal
year ended June 30, 2009.
3. Independent Auditors Report (Draft) -
Schedule of Federal Expenditures for
City of Bakersfield for fiscal year ended
June 30, 2009.
4. Independent Auditors Report -
Compliance with Contractual
Requirements relative to the Bakersfield
Subregional Wastewater Management
Plan for fiscal year ended June 30, 2009.
Bakersfield, California, December 16, 2009 - Page 12
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.rr. continued
5. Independent Auditors Report on
Appropriations Limit Worksheet (GANN
Limit) of the City of Bakersfield for fiscal
year ended June 30, 2009.
6. Independent Auditors Report -
Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center &
Bright House Networks Amphitheatre for
fiscal year ended June 30, 2009.
ss. Fiscal Year 2008-2009 Annual Compliance
Report for Park Impact Fees prepared in
accordance with California Government Code
§ 66006.
tt. Fiscal Year 2008-2009 Annual Compliance
Report for Transportation Impact Fees
prepared in accordance with California
Government Code §66006.
uu. Fiscal Year 2008-2009 Annual Compliance
Report for Bridge Crossings and Major
Thoroughfare Fees prepared in accordance
with California Government Code §66006.
vv. Fiscal Year 2008-2009 Annual Compliance
Report for Planned Drainage Area Fees
prepared in accordance with California
Government Code §66006.
ww. Fiscal Year 2008-2009 Annual Compliance
Report for Planned Sewer Area Fees prepared
in accordance with California Government
Code §66006.
City Clerk McCarthy announced correspondence was
received in opposition to Consent Calendar items 8.c.
and 8.d., and staff has requested that item 8.hh. be
pulled.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income to himself,
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 items 8.ff. and 8.gg.
Bakersfield, California, December 16, 2009 - Page 13
8. CONSENT CALENDAR continued ACTION TAKEN
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.ww., with the removal AB HANSON
of items 8.hh.
9. CLOSED SESSION
None.
10. CLOSED SESSION ACTION
None.
11. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution RES 138-09
establishing Underground Utility District No. 2,
Division 33 (California Avenue - S Street to Union
Avenue). (Staff recommends overriding protests
and adoption of Resolution.)
b. Public Hearing to consider Resolution RES 139-09
establishing Underground Utility District No. 2,
Division 34 (Calloway Drive - Hageman Road to
Meacham Road). (Staff recommends overriding
protests and adoption of Resolution.)
C. Public Hearing to consider Resolution ordering RES 140-09
the vacation of Beale Avenue (old alignment)
from the north right of way of East Truxtun
Avenue to the north right of way of the BNSF
Railroad. (Staff recommends adoption of
Resolution.)
d. Public Hearing to consider Resolution ordering RES 141-09
the vacation of that portion of right of way of
E. 215' Street and Gage Street to 10 feet north
and 10 feet south of the centerline of the
existing tracks of the BNSF Railroad. (Staff
recommends adoption of Resolution.)
e. Public Hearing to consider Resolution approving RES 142-09
the issuance of tax exempt multifamily housing ABS COUCH
revenue bonds by the California Municipal
Finance Authority to benefit CIC South Mill
Creek, L.P. (Chelsea Investment Corporation)
for the acquisition and construction of a 70-unit
multifamily housing project located at 1401 S
Street, known as the South Mill Creek
Apartments. (Staff recommends adoption of
Resolution.)
Bakersfield, California, December 16, 2009 - Page 14
11. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
f. Public Hearing to consider Resolution ordering RES 143-09
the vacation of the west 1 12-foot portion of
alley right of way easement located east of H
Street between 8th and 10th streets. (Staff
recommends adoption of Resolution.)
g. Public Hearing to consider Resolution ordering RES 144-09
the vacation of remaining dedication of
Comanche Drive (old alignment) south of State
Highway 178. (Staff recommends adoption of
Resolution.)
h. Public Hearing to consider Resolution adopting RES 145-09
fees pursuant to the cost recovery program
(Master Fee Schedule). (Staff recommends
adoption of Resolution.)
City Clerk McCarthy announced correspondence was
received from Jones Lang LaSalle on Consent
Calendar Hearing items. I 1.c. and 1 I .d.
Consent Calendar Hearings opened at 5:56 p.m.
No one spoke.
Consent Calendar Hearings closed at 5:58 p.m.
Councilmember Couch announced he would abstain
due to conflict of Interest, potential source of income
to himself and his employer, on Consent Calendar
Hearing items 11.e.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Hearing items 11.a. through 11.h. AB HANSON
12. HEARINGS
None.
13. REPORTS
a. Update on Capital Improvement Program
Budget.
Public Works Director Rojas introduced Civil Engineer
Braboy, who gave a computer presentation.
Councilmember Benham left the meeting at 6:00 p.m.
Bakersfield, California, December 16, 2009 - Page 15
13. REPORTS continued ACTION TAKEN
Councilmember Carson requested a copy of the
report and would like to know how many local and
minority contractors have been used in any of the
projects and how the ARRA money was allocated.
PREVIOUSLY
Councilmember Carson asked that the issue of REFERRED TO
enhancing the use of local contractors be referred to BUDGET & FINANCE
the Legislative and Litigation Committee. COMMITTEE
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Carson announced there is a Safe
Neighborhood Committee Meeting tomorrow and
invited the public to attend.
Councilmember Carson asked the community for
assistance in helping a large family with 10 children
that has been forced to move from their home at 1201
E. Planz due to lack of sewer services.
Counclimember Sullivan referred to the Community
Services Committee the recommendations made at a
recent community meeting regarding the Bike Path,
and asked staff to prepare a report addressing the
comments and suggestions regarding the addition of
signage, rules of use and maintenance issues.
Councilmember Weir wished City Clerk McCarthy the
very best in her retirement.
Councilmember Couch offered best wishes to all the
retirees.
Councilmember Couch asked staff to report back to
the City Council If there is a plan to maintain the block
walls and what funding mechanism would be
available to provide repairs.
Bakersfield, California, December 16, 2009 - Page 16
16. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Sullivan wished City Clerk McCarthy
well and thanked her for her service to the City.
Vice-Mayor Scrivner thanked staff for their assistance
with referrals and issues in Ward 7 throughout the
year; and offered best wishes to Police Chief Rector,
City Clerk McCarthy and Water Resources Manager
Core on their retirement.
All the City Council wished everyone a Merry
Christmas and Happy Holidays.
Mayor Hall wished City Clerk McCarthy well on her
retirement, and wished everyone Merry Christmas and
Happy New Year.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:29 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield