HomeMy WebLinkAbout01/27/10_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JANUARY 27, 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 Dr. Lawrence Corcoran, Central Baptist Church.
3. PLEDGE OF ALLEGIANCE by Connor Tennison, 3rd grade student at Panama Elementary
School.
4. PRESENTATIONS
a, Presentation by Mayor Hall of Proclamation to Della Hodson, President/Chief
Professional Officer, United Way of Kern County, declaring January 29, 2010 as
Earned Income Tax Credit Awareness Day,
5. PUBLIC STATEMENTS
6. WORKSHOPS
(5 min) a, Rerouting of residential refuse and greenwaste collection routes. (Kevin Barnes, Solid
Waste Director)
(15 min) b, League of California Cities Initiative to Protect Local Government Revenue Sources.
(Hilary Baird, League of California Cities)
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 13, 2010 Regular City Council Meeting.
Payments:
b, Approval of department payments from December 22, 2009 to January 14, 2010
in the amount of $22,444,064.95 and self-insurance payments from December 22,
2009 to January 14, 2010 in the amount of $460,981.47.
Ordinances:
(Ward 4,6) c. Adoption 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. (FR 1113110)
8. CONSENT CALENDAR continued
Resolutions:
(Ward 1) d. Resolution vacating Resolution No. 032-07, which approved General Plan
Amendment No. 06-2022, and vacating Ordinance No. 4413, which approved
concurrent Zone Change No. 06-2022, at to APN 172-020-016.
(Ward 4) e. Resolutions approving applications proposing proceedings for annexation of
uninhabited territory to the City.
Annexation No. 623 consisting of 1,597.73 acres, located on the west side of
Santa Fe Way, between Seventh Standard and Kratzmeyer roads, east of
Greeley Road (future alignment).
2. Annexation No. 625 consisting of 793.26 acres, located west of Renfro Road,
between Kratzmeyer and Reina roads, east of Nord Avenue.
f. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and the demolishment of dangerous buildings and
authorize collection of the assessments by the Kern County Tax Collector.
g.
Resolution approving the Bakersfield Area Urban Area Security Initiative (UASI)
Charter.
h.
Resolution in support of the Local Taxpayer, Public Safety and Transportation
Protection Action of 2010.
Agreements:
(Ward 5) i.
Transportation Impact Fee Agreement with S & S Homes of the Central Coast, Inc.
(Impact Fee credit not to exceed $216,211) for street construction improvements on
Hosking Avenue east of Wible Road and west of SR99 (adjacent to Tracts 6095 and
6226).
(Ward 5) j.
Agreement with BLC Glenwood-Gardens AL L.P. ($6,400) to purchase real property
located at future on ramp at Calloway Road for Westside Parkway. (TRIP)
(ward 24) k.
Cooperative Agreement with the State of California Department of Transportation
for the relinquishment of Rosedale Highway between State Route 99 and Verdugo
Lane. (TRIP)
1.
Amendment No. 1 to Agreement No. 07-414 with Acclamation Insurance
Management Services, Inc. (AIMS) (not to exceed $321,059) for Workers'
Compensation administration services.
M.
Amendment No. 3 to Agreement No. 07-416 with Krazan & Associates, Inc. (time
extension only) for material testing services for various construction projects.
(Ward 3) n.
Amendment No. 2 to Agreement No. PW08-189 with J. Garcia Trucking ($25,000;
revised not to exceed $65,000) for trucking services from Mt. Vernon Greenwaste
Facility to the County Landfill.
(ward 2) o.
Amendment No. 1 to Agreement No. 09-092 with Padre Hotel, L.P. ($0; total not to
exceed $1,800,000) to modify installment and interest payment due dates to City of
Section 108 Loan.
City Council Meeting of 1/27/2010
8. CONSENT CALENDAR continued
(Word 5) p. Crossroads Commercial Center Project located north of Panama Lane to Hosking
Avenue, west of Gosford Road:
1. Amendment No. 1 to Agreement No. 08-014 with RBF Consulting ($10,000;
revised not to exceed $132,610) for preparation of an Environmental Impact
Report (EIR).
2. Appropriate $10,000 (developers' contribution) to the Development Services
Operating Budget in the General Fund for the EIR consultant.
q. Amendment No. 2 to Agreement No. 07-085 with Stinson's Stationers, Inc. ($350,000;
revised not to exceed $700,000) extending the term for one year to the annual
contract for office supplies.
(Ward 6) r. Contract Change Order No. 2 to Agreement No. 09-065 with Kern Pacific
Construction ($54,543.51; revised not to exceed $874,849.76) for Sewer Improvements
Project located at McCutcheon Road from WWTP III to Ashe Road, and Ashe Road
from 450' north of McKee Road to McCutcheon Road.
Bids:
S, Sale of Surplus Glock 22 generation 2 pistols:
1. Accept bid for purchase of 27 Glock pistols to Gunarama Wholesale, Inc.
($12,809.22).
2. Appropriate $25,017 revenue from the sale of surplus of 93 Glock 22
generation 2 pistols to the Police Department Operating Budget within the
General Fund.
(Ward 2) t. Mill Creek Phase 5B Sewer Lift Station:
Accept bid and award contract to HPS Mechanical, Inc. ($243,857) for the
construction of the Mill Creek Phase 5B Sewer Lift Station Project.
2. Appropriate $30,000 Old Town Kern Redevelopment Project Area Fund
Balance to the Economic and Community Development Department's
Capital Improvement Budget for this project.
(Ward 2) U. Accept bid and award contract to KLM Construction Inc. ($67,945) for pier cap
strengthening on the Beale Avenue Bridge over the Union Pacific Railroad.
Miscellaneous:
(Ward 2) v. Appropriate $641,945 Other Agency Share of project costs from North Kern Water
Storage District to the Public Works Department's Capital Improvement Budget
within TRIP Local Match Fund for the Westside Parkway Phase II Project. (TRIP)
(ward 2) w. Appropriate $40,000 Capital Outlay Fund Balance to the Economic & Community
Development Department Capital Improvement Budget within the Capital Outlay
Fund for construction of the Mill Creek Linear Park Project Phases 2, 4, 5A & 5B.
X. California Emergency Management Agency (Cal EMA):
1. Accept State grant ($205,000) for hazardous materials equipment.
2. Appropriate $205,000 State Grant Revenue to the Fire Department General
Fund Operating Budget.
3 City Council Meeting of 1/27/2010
8. CONSENT CALENDAR continued
Y. Appropriate $99,000 from California Emergency Management Agency and USDA
Forest Service to the General Fund Fire Department Operating Budget for
reimbursement for personnel costs on mutual aid assignments.
Staff recommends adoption of Consent Calendar items 8.a. through 8.z.
9. CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation, Closed session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9, (Two matters)
RECESS TO CLOSED SESSION
10. CLOSED SESSION ACTION
11. CONSENT CALENDAR HEARINGS
12. HEARINGS
a. Hearing regarding adoption of Resolution making findings and updating the Capital
Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan.
Staff recommends adoption of Resolution.
13. REPORTS
(10 min) a. Status/Update on Westside Parkway Construction. (TRIP)
(Ward 2,4,5)
(20 min) b. Mid Year Budget Report and Adjustments. (City Manager)
Staff recommends approval of the budget changes and fund transfers.
14. DEFERRED BUSINESS
15. NEW BUSINESS
a. Resolution regarding Tow Truck Services.
Staff recommends adoption of Resolution which would rely upon the California Highway Patrol
standards and list as the qualifying criteria for the City tow rotation list, effective July 1, 2010.
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
1/21/2010 1:OOPM
Respectfully submitted,
0414~ rl~14
Alan Tandy
City Manager
4 City Council Meeting of 1/27/2010
AGENDA HIGHLIGHTS
January 27, 2010 COUNCIL MEETING
t
REGULAR MEETING - 5:15 D.m.
WORKSHOP
The Solid Waste Director will report on the proposed new routes for residential refuse and
greenwaste collection.
CONSENT CALENDAR
Resolutions
Item 8h. Resolution In Suooort of the Local Taxoaver, Public Safetv and Transoortation
Protection Action of 2010. The State's 2009-10 budget was constructed in large part based
on "borrowing" and takes from local governments and Redevelopment Agencies. In the
current fiscal year, $6.7 million In City property tax revenue Is being "borrowed" and another
$2.3 million is being taken from the Bakersfield Redevelopment Agency, with an additional
$600,000 In FY 2010-11 (this action is currently under challenge).
The State's structural deficit for the combined 2009-10 and 2010-11 fiscal years is projected at
over $20 billion, and It is clear that local government funding will again be sought after by the
State as a part of their budget solution. In response to this continuing threat, the League of
California Cities is in the process of qualifying an initlative for the November 2010 General
Election ballot. This Constitutional Amendment Is designed to close all loopholes and
change the constitution to prevent the Legislature from seizing, diverting, shifting, borrowing,
transferring, suspending, or otherwise taking or interfering with tax revenues dedicated to
funding local government services.
9greement$
Item 8j. Aareement with BLC Glenwood-Gardens AL L.P. to Purchase Real Propertv Located
at the Future On-Rama Site at Callowav Drive for the Westside Parkwav In the amount of
$6,400. The proposed on-ramp will require purchasing a small portion of the Glenwood
Gardens' frontage in order to meet traffic safety standards, The City will need to relocate
and rebuild a portion of the facility's perimeter wall, and will repair or replace all landscaping
that is either damaged or removed.
Item 8k. Cooperative Aareement with Caltrans for the Relinouishment of Rosedale Hlahwav
between State Route 99 and Verduao Lane. Caltrans and the City have been working
together on the Rosedale Highway Widening Project since 2007. Early on, it was determined
that designing and building the project to State design standards would Involve significant
impacts to businesses fronting Rosedale Highway and require extensive right-of-way
acquisition. As a result, then State Assembly Member Kevin McCarthy sponsored Assembly
Bill 1858, which provided for Caltrans to relinquish Rosedale Highway to the City and County
so that It could be widened to City and County standards, thereby requiring less right-of-way
to construct.
This Cooperative Agreement outlines that Caltrans agrees to relinquishment Rosedale
Highway to the City, and the City agrees to accept ownership of the facility prior to the
widening project being constructed.
Item 81. Amendment to an Agreement with Acclamation Insurance Management Services,
Inc. (AIMS) for Workers Compensation Administration Services in an amount not to exceed
$321.059. Acclamation Insurance Management Services, Inc. (AIMS) has been the Workers'
Compensation claims administrator for the City since 1997. The most recent contract
between the City and AIMS commenced February 6, 2008. The term of the contract was for
two (2) years, expiring February 5, 2010. The contract contains an option clause that permits
the City to extend the contract for one (1) additional year.
Item 8o. Amendment to an Agreement with Padre Hotel, L.P. to Modlfv Installment and
Interest Pavment Due Dates to the Citv's Section 108 Loan In the amount of S1.800,000. In
July, 2009, Council approved submission of a Section 108 Loan Guarantee application to
HUD In the amount of $1.8 million to pay for furnishings, fixtures and equipment at the Padre
Hotel. The agreement with the Padre Hotel to repay this loan was approved at the same
meeting. The terms provide for annual Installment payments over seven (7) years. HUD
recently notified staff that interim quarterly Interest payments are due on the note to HUD
beginning in January, 2010, and each quarter thereafter, until HUD completes the bond
transaction, which staff anticipates in May, 2010. This amendment adds the quarterly Interim
Interest payments until the final amortization scheduled is received from HUD; requires the
Padre Hotel L.P. to make principal and interest installments to the City by the first of June
each year for the seven (7) year term of the loan; and requires that employment forms
showing the number of new positions created, number of employees hired and retained,
and income qualifications of the employees be submitted to the City by July 15th.
Item 8w. Amendment to an Agreement with Stinson's Stationers. Inc. Extendina the Term by
One Year to the Annual Contract for Office Supplies in the amount of S350,000. and a revised
not to exceed amount of S700,000. In March of 2007, Council awarded the annual supply
contract to Stinson's Stationers, Inc. The contract is renewable annually thereafter for four (4)
consecutive one-year periods.
Miscellaneous
Item 8v. Anr)rooriate S641.945 Other Aaencv Share of Protect Costs from North Kern Water
Storaae District to the Public Works Department's Capital imerovement Budget within the
TRIP Local Match Fund for the Westside Parkwav Phase II Prolect. Prior to the construction of
the Westside Parkway main line, North Kern Water Storage District (NKWSD) needs to install an
intertie pipeline facility that connects the Calloway Canal and the Cross Valley Canal. In
November, 2009, Council approved an action that will allow Security Paving to Install the
Intertie facility through a City contract change order, and NKWSD to pay for all costs
associated with the construction and construction management. This item appropriates the
NKWSD funds to pay for the work.
Item 8x. California Emeraencv Manaaement Aaencv (Cal EMA). Cal EMA approved a
grant In the amount of $205,000 for the purchase of hazardous materials equipment for the
City's Haz Mat Van # 15. This Item accepts the funds and appropriates the revenue to the
Fire Department General Fund Operating Budget.
Agenda Highlights - January 13, 2010 Council Meeting
Page 2
CLOUD SESSION
There will be a conference with Legal Counsel regarding two (2) cases of potential litigation.
There will be a status report given regarding the Westside Parkway Construction, and a mid-
year budget report.
NEW BUSINESS
Resolution reaardina Tow Truck Services. Recently staff was prompted by a Councilmember
referral to review the process by which the City selects tow companies for inclusion on the
Police Departments (PD) towing rotation list. When staff began to review the current process,
several groups became very Interested In the outcome and began lobbying efforts to either
expand the number of tow companies allowed to do business with the City or to keep the
status quo. The Bakersfield Towing Coalition represents the group of tow companies currently
on the PD rotation, while the Bakersfield Towing Association is made up of fifteen (15) local
tow companies Interested In contracting with the City to provide towing services. It should
also be noted that there may be additional tow companies Interested in this issue that are
not represented by either group.
Review of the current process led staff to believe that a new and more equitable process
should be implemented. The goal of staff is to insure this process is clear and understandable
so that those who wish to do business with the City have a clear understanding of our
procedures. The administrative report provides an overview of the current situation and how
it carne to be.
Staff is recommending that the City utilize the CHP Bakersfield Area Tow List (Northwest Tow
District; Central Tow District; and Southwest Tow District only) as it is updated each year.
Currently there are twenty-one (21) tow companies on these lists. This change in policy
would expand the opportunity for tow companies to do business with the City beyond the
current six (6) vendors. It Is staff's Intent that the new towing contracts will be administered
by the Finance Department, while the PD will maintain administration of the rotational
process via the PD Dispatch Center.
Adoption of this Resolution will Implement the staff recommended process outlined above
and will set the rates for tow services provided via the PD Rotation list. It Is Important to note
that staff is not recommending a change to the existing rates that are currently in place.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - January 13, 2010 Council Meeting
Page 3
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~4uir ~
ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010
TO
FROM:
DATE
Honorable Mayor and City Council
Mayor Harvey L. Hall
January 15, 2010
AGENDA SECTION: Presentations
ITEM: V. Q,
OVED
DEPARTMENT HEAD
CITY ATTORNEY Q~
CITY MANAGER IW
SUBJECT: Presentation by Mayor Hall of a Proclamation to Della Hodson, President/Chief
Professional Officer, United Way of Kern County, declaring January 29, 2010 as Earned
Income Tax Credit Awareness Day.
RECOMMENDATION:
BACKGROUND:
krt
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ADMINISTRATIVE REPORT
IF
MEETING DATE: January 27, 2010 AGENDA SECTION. Workshop
ITEM: (p, q,
TO: Honorable Mayor and City Council PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
Di'' 7
ATE: January 11, 2010 CITY ATTORNEY
CITY MANAGER ~iGJ
SUBJECT: Workshop on rerouting residential refuse and greenwaste collection routes.
RECOMMENDATION: No action required.
BACKGROUND: Solid Waste Director Kevin Barnes will present plans for rerouting of residential
refuse and greenwaste collection routes operated by the City.
December 29, 2009, 3:30:36 PM (MM-Subdivs.)
G:\GROUPDAT\ADMINRPT\2010\01-27\Refuse Rerouting Workshop - Revised.docx
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ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Workshops
ITEM: & , b.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: January 20, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: League of California Cities Initiative to Protect Local Government Reve ue Sources.
RECOMMENDATION:
BACKGROUND:
Hilary Baird, Regional Public Affairs Manager for the League of California Cities (League), will be
providing the Council with an overview of the Public Safety and Transportation Protection Act of
2010. The League is in the signature gathering stages to qualify this measure for the November
2010 General Election ballot. A Resolution In support of the League initiative is included under
the Consent Calendar portion of this agenda.
January 20, 2010, 3:14PM
SASteve Teglia\Legislation 2010\League local protection measure 1_27_10 workshop admin.doc
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ADMINISTRATIVE REPORT
r,
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: 9.q.
TO: Honorable Mayor and City Council APPROVED
L9 I
FROM: Roberta Gafford, Acting City Clerk DEPARTMENT HEAD
IAT
DATE: January 14, 2010 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Approval of Minutes of the January 13, 2010 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
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ADMINISTRATIVE REPORT
MEETING DATE: January27, 2010 AGENDA SECTION: Consent Calendar
ITEM: -g.6 ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD AI //7
DATE: January 14, 2010 CITY ATTORNEY A-/
CITY MANAGER &
SUBJECT: Approval of department payments from December 22, 2009 to January 14, 2010
in the amount of $22,444,064.95 and Self Insurance payments from December 22, 2009
to January 14, 2010 in the amount of $460,981.47.
RECOMMENDATION:
Staff recommends approval of payments totaling $22,905,046.42
BACKGROUND:
KLG
January 14, 2010, 12:23PM
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ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: 9. G,
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: January 8, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of 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 adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on January 13, 2010.
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 corner 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:\Dana\ADMWS\2010Uan\1-27-Ann 612 & 618 2.doc
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U ADMINISTRATIVE REPORT
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MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: $.clj,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V441
DATE: January 14, 2010 CITY ATTORNEY Ave-
CITY MANAGER
SUBJECT: Resolution vacating Resolution No. 032-07, which approved General Plan
Amendment No. 06-2022, and vacating Ordinance No. 4413, which approved
concurrent Zone Change No. 06-2022, as to APN 172-020-016. (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the proposed resolution.
BACKGROUND:
In February 2007, the City Council approved a General Plan Amendment and Zone
Change for two parcels on property on E, Planz Road as part of a Property Trade Agreement
between the City and Mel F. Heinemann as a managing member of Land Lot 1, LLC.
Subsequently, the City took the position that the property had not been graded in accordance
with the Property Trade Agreement and refused to trade the properties.
Thereafter, Land Lot 1, LLC filed a lawsuit against the City entitled "Land Lot 1, LLC v. City
of Bakersfield, et al." The parties entered into a court-ordered Stipulation for Judgment in which it
was agreed to vacate the General Plan Amendment and concurrent Zone Change and restore
the land use designation and zoning only as to APN 172-020-016. Judgment was entered on
November 30, 2009.
In compliance with the judgment, the City must vacate and void the original General Plan
Amendment and Zone Change. This resolution accomplishes the Court's direction in this regard
only as to APN 172-020-016.
VG;Isc
January 14, 2010, 3:32PM
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ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: T. e.
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: January 8, 2010 CITY ATTORNEY
CITY MANAGER ~.J
SUBJECT: Resolutions approving applications proposing proceedings for annexation of
uninhabited territory to the City identified as:
1. Annexation No. 623 consisting of 1,597.73 acres, located on the west side of
Santa Fe Way, between Seventh Standard Road and Kratzmeyer Road, east
of Greeley Road (future alignment). (Ward 4)
2. Annexation No. 625 consisting of 793.26 acres, located west of Renfro Road,
between Kratzmeyer and Reina Roads, east of Nord Avenue. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolutions of application propose proceedings for annexation of uninhabited territory to the
City of Bakersfield. Annexation No. 623 consists of 1,597.73 acres of land, located on the west
side of Santa Fe Way, between Seventh Standard Road and Kratzmeyer Road, east of Greeley
Road (future alignment). This annexation is within the western portion of the Rosedale Ranch
area. The eastern portion of Rosedale Ranch was annexed into the City of Bakersfield in 2007.
Annexation No. 625 consists of 793.26 acres and is located west of Renfro Road, between
Kratzmeyer and Reina Roads, east of Nord Avenue.
These annexations are adjacent to the City limits and are within the City's Sphere of Influence
boundary. The property owners have consented to annexation. The proposal is to annex the land
for development purposes and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and
County of Kem. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
DL:dc
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ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010
TO: Honorable Mayor and City Council
FROM: Phil Burns, Building Director
DATE: January 8, 2010
SUBJECT: Property Abatements
AGENDA SECTION: Consent
ITEM ?.-F,
TD
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and the demolishment of dangerous buildings and authorize
collection of the assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on January 11, 2010by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which
constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter and/or
were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits
maintaining dangerous buildings. The property owners were notified and failed to comply with the notices
to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the
Director issued orders requiring the property owner to abate the public nuisance. The subject properties
are listed as follows:
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
1.
3618 Anderson Street
172-102-25
$
300.00
2.
1516 Brandy Court
412-192-24
$
300.00
3.
229 S. Brown Street
019-192-06
$
897.00
4.
420 S. Brown Street
019-072-02
$
680.00
January 8, 2010, 8:31AM
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ADMINISTRATIVE REPORT Page 2 of 4
PROPERTY LWATIQNi APN COST
Wprd 1/Counclimember Irma Carson
5.
215 Clifton Street
018-410-17
$
719.00
6.
219 Clifton Street
018-410-18
$
744.00
7.
225 Clifton Street
018-410-19
$
800.00
8.
N: of 202 Dr. Martin Luther King Jr. Blvd.
018-410-10
$
300.00
9.
330 Dr. Martin Luther King Jr. Blvd.
018-420-02
$
665.00
10.
306 S. Haley Street
019-181-26
$
778.00
11.
111 Hayes Street
018-340-15
$
714.00
12.
3501 Horne Street
172-092-12
$
724.00
13.
3508 Home Street
172-091-33
$
784.00
14.
129 Kincaid Street
018-190-16
$
600.00
15.
808 Lake Street
014-120-14
$
750.00
16.
3410 Lotus Lane
172-092-37
$
300.00
17.
400 Marcus Street
139-392-21
$
300.00
18.
3604 Meeks Avenue
172-134-16
$
698.00
19.
31 Northrup Street
018-330-29
$
859.00
20.
315 Northrup Street
018-300-16
$
969.00
21.
3406 Oliver Street
172-101-41
$
694.00
22.
1120 O'Neill Avenue
412-151-32
$
679.00
23.
1521 O'Neill Avenue
412-212-18
$
680.00
24.
913 Pacheco Road
412-080-07
$
300.00
25.
3608 Shellmacher Avenue
172-133-15
$
698.00
26.
1104 Virginia Avenue
018-112-20
$
675.00
27.
1127 Wilkins Street
018-260-19
$
875.00
28.
600 E. 4 h Street
139-291-04
$
694.00
29.
1403 4 h Street
010-170-05
$
300.00
30.
1509 E. 10"' Street
018-061-12
$
719.00
31.
1616 E. 11 to Street
018-031-22
$
720.00
Ward
32.
2/Councilmember Sue Benham
325 Eye Street
010-140-04
$
105.00
33.
326 Flower Street
012-340-07
$
300.00
* 34.
1018 Gage Street
015-380-09
$
3,154.00
35.
1104 Gage Street
015-350-11
$
300.00
36.
1108 Inyo Street
014-170-09
$
300.00
37.
106 Jefferson Street
012-021-13
$
105.00
38.
3815 K Street
120-060-08
$
725.00
39.
823 Kentucky Street
014-300-10
$
875.00
41.
1420 Kentucky Street
015-420-08
$
7,060.00
41.
1900 Maple Avenue
007-194-10
$
105.00
42.
3204 Mulberry Drive
001-381-19
$
856.00
43.
1314 Oregon Street
015-110-10
$
340.00
* Demolished structures
January 8, 2010, 8:20AM
S:\Dana\ADMINS\2010Uan\1-27-Property Abatement.doc
ADMINISTRATIVE REPORT Page 3 of 4
PROPERTY LQCATION
APN
COST
Ward
2/Councilmember Sue Benham
44.
1019 Pacific Street
015-080-05
$
748.00
45.
2105 Park Way
007-072-07
$
300.00
46.
2126 Park Way
007-071-03
$
300.00
47.
507 Pheasant Avenue
502-052-02
$
746.66
Ward
3/Counciimember Ken Weir
48.
2904 Arnold Street
021-393-12
$
105.00
49.
4901 Auburn Oaks Street
438-281-01
$
105.00
50.
6101 Auburn Oaks Drive
438-285-01
$
105.00
51.
3212 Candiewood Drive
382-152-26
$
759.00
52.
3616 Century Drive
382-220-10
$
600.00
53.
1305 Columbus Street
126-032-03
$
300.00
54.
4117 Coronado Avenue
146-072-05
$
105.00
55.
6112 Diamond Oaks Avenue
438-07414
$
800.00
56.
5804 Levanto Avenue
387-750-03
$
825.00
57.
5808 Levanto Avenue
387-750-02
$
825.00
58.
5812 Levanto Avenue
387-750-01
$
825.00
59.
Lookout Hills Drive
386-400-01
$
2,994.00
60.
6214 Mithala Way
438-282-03
$
105.00
61.
3931 Parma Court
332-571-14
$
724.00
62.
2621 Piper Court
433-130-13
$
105.00
63.
2507 University Avenue
383-051-08
$
675.00
Ward
41Cou02111member David Couch
64.
9125 Chattaroy Street
451-384-02
$
694.00
65.
12200 Rodeo Avenue
527-412-04
$
774.00
66.
12001 Stonington Street
409-423-01
$
760.66
67.
12702 Trafalgar Square Drive
528-291-01
$
814.00
68.
11311 Wakehurst Court
523-042-13
$
300.00
Ward
5/Councilmember Harold Hanson
69.
9811 Bath Court
497-331-08
$
684.00
Ward
6/Coucilmember Jacaule Sullivan
70.
3908 Curry Court
384-160-19
$
300.00
71.
6210 Ocean Jasper Drive
538-04408
$
300.00
Ward
7/Counclimember Zack Scrivner
72.
5765 Gasoline Alley Drive
372-021-62
$
719.00
73.
5801 Gasoline Alley Drive
372-021-63
$
709.00
74.
7704 Quest Street
516-422-06
$
699.00
75.
4305 Sun Devils Avenue
51436411
$
300.00
76.
7500 Wible Road
515-110-10
$
1,223.00
January 8, 2010, 8:28AM
S:\Dana\ADMINS\2010Uan\1-27-Property Abatement.doc
ADMINISTRATIVE REPORT
Page 4 of 4
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal
Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement
Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter
8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at
the hearing on this matter before the City Manager or his designee and to object to the correctness of the
costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the
assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the
City for work performed to remove the public nuisance and order that such costs be made a lien against
the property. This will be done by adoption of the attached resolution.
January 8, 2010, 8:29AM
S:\Dana\ADMINS\2010\Jan\1-27-Property Abatement.doc
A
m oa,
ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: $,q.
TO: Honorable Mayor and City Council PPRO
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD
DATE: January 15, 2010 CITY ATTORNEY
CITY MANAGER IGJ
SUBJECT: Resolution Approving the Bakersfield Area Urban Area Security Initiative (UASI)
Charter
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
On December 8, 2009, the United States Department of Homeland Security officially designated
the Bakersfield Area UASI. The UASI Program is directed at improving homeland security
capabilities within high-risk, high-density urban areas and the Bakersfield Fire Department was
designated the Single Point of contact as per the UASI grant guidelines.
In order for the City of Bakersfield to be funded with UASI monies, the Council must approve the
UASI Charter. The Bakersfield Area UASI Charter defines the mission, scope, governance, activities
and deliverables of the governance structure and the specific roles and responsibilities of
members and member organizations.
The UASI mission is to develop strategies to increase preparedness, prevention, and protection of
the Metropolitan area first responder agencies against terrorist events and/or natural or man-
made hazards. In addition, response and recovery capabilities are enhanced.
January 15, 2010, 11:53AM
SASUSAMAdmin Report Word\UASI Charter Admin Report.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: $,A,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: January 20, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution in Support of the Local Taxpayer, Public Safety and Transportation
Protection Act of 2010.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
As a result of California's chronic budget problems, the State has resorted to diverting local
government revenues to assist with the State's General Fund. The State's ability to take this
action is, in some Instances, allowed by loopholes contained in past measures designed to
protect local government funding, such as those contained in Proposition 42 (2002); Proposition
1 A (2004); and Proposition 1 A (2006). The passage of these previous measures has demonstrated
the intent of California voters, which is to stop state raids of local government revenue sources.
The State's 2009-10 budget was constructed in large part based on "borrowing" and takes from
local governments and Redevelopment Agencies. In the current fiscal year, $6.7 million in City of
Bakersfield property tax revenue is being "borrowed" by the State and another $2.3 million is
being taken from the Bakersfield Redevelopment Agency, with an additional $600,000 in FY 2010-
11 (this action is currently under challenge). All of this is occurring at a time when the City's own
revenue sources are in unprecedented decline.
The State's structural deficit for the combined 2009-10 and 2010-11 fiscal years is projected at
over $20 billion. As the budget debate gets underway, it Is clear that local government funding
will again be sought after by the State as a part of their budget solution,
In response to this continuing threat, the League of California Cities is in the process of qualifying
an initiative for the November 2010 General Election ballot. This Constitutional Amendment is
designed to close all loopholes and change the constitution to prevent the Legislature from
seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or Interfering
with tax revenues dedicated to funding local government services. This includes redevelopment,
transportation and other local government funding.
January 20, 2010, 3:20PM
SASteve Teglialegislation 201Oleague Reso of support 1_27_10 admin.doc
~ yca N4
ADMIN STRATIVE REPORT
c
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent calendar
ITEM: F.;.
TO: Honorable Mayor and City Council
APPROVED
FROM: Raul M. Rojas, Public Works Director
DEPARTMENT HEAD Q;1
DATE: January 14, 2010
CITY ATTORNEY
CITY MANAGER
SUBJECT: Transportation Impact Fee Agreement with S & S Homes of the Central Coast, Inc.
(Impact Fee credit not to exceed $216,211.00) for street construction improvements
on Hosking Avenue east of Wible Road and west of SR99 (adjacent to Tract 6095
and 6226). (Ward 5)
RECOMMENDATION: Staff recommends approval of agreement
BACKGROUND: S & S Homes of the Central Coast, Inc. has constructed Hosking Avenue full
half width from the western boundary of Tract 6095 to the eastern boundary of Tract 6226 (1,991
LF). The maximum credit available from the Transportation Impact Fee Facilities List apportioned
to this project is $216,211. 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.
Ps
G:\GR0UPDAT\ADMINRPT\2010\01-27\S&S Homes TIF Agr. admin.dou
BAKE
ADMINISTRATIVE REPORT
LI 0
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: g', j
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD lkl~_
DATE: January 13, 2010 CITY ATTORNEY
v
CITY MANAGER
SUBJECT: Agreement with BLC Glenwood-Gardens AL, L.P. to purchase real property
located at future on ramp at Calloway Road for Westside Parkway for $6,400.00.
(Ward 5)
RECOMMENDATION: Staff recommends approval of this agreement.
BACKGROUND: The City is purchasing approximately 1,064 square feet of Planned Unit
Development zoned land in order to construct the interchange at Calloway Road and the
Westside Parkway. The proposed on ramp will require purchasing a small portion of the
Glenwood Gardens' frontage in order to meet traffic safety standards for the future on ramp.
The purchase price of $6,400.00 is a product of negotiations based on an appraisal prepared
by Dallis Higdon & Associates.
The City will be reconstructing the current off-site improvements (curb/gutter/sidewalk) to
accommodate the future on ramp. In addition, the City will need to relocate and rebuild a
portion of Glenwood Garden's current perimeter wall. All landscaping damaged or removed
on Glenwood's property will be repaired or replaced. The purchase agreement between the
City and Glenwood Gardens outlines the responsibilities of each party as to the required
improvements and conditions.
The Planning Department has completed a 65402 Review and found this acquisition consistent
with the Metropolitan Bakersfield 2010 General Plan.
January 13, 2010, 2:29PM
C:\DOCUME-1\cwebb\LOCALS-1\Temp\GWViewer\Glenwood Gardens Admin - Purchase Agmt.l.doc
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8,k,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: January 13, 2010 CITY ATTORNEY
CITY MANAGER pt~6A-
C
SUBJECT: Cooperative Agreement with the State of California Department of
Transportation for the relinquishment of Rosedale Highway between State Route
99 and Verdugo Lane. (Wards 2 and 4)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: The Rosedale Highway (State Route 58) Widening Project is part of the Thomas
Roads Improvement Program (TRIP). The State of California Department of Transportation
(Caltrans) and the City of Bakersfield have been working together on the Rosedale Highway
Widening Project since 2007.
Early in the development of the project, it was determined that designing and building the
project to state design standards would involve significant impacts to businesses fronting
Rosedale Highway and would require extensive right-of-way acquisition. Because of these
concerns and potential costs, then State Assembly Member Kevin McCarthy sponsored
Assembly Bill 1858 which provided for Caltrans to relinquish Rosedale Highway to the City and
County so that it could be widened to City and County standards. which would require less
right-of-way to construct.
This Cooperative Agreement outlines that Caltrans agrees to relinquishment Rosedale
Highway to the City and the City agrees to accept ownership of the facility prior to the
widening project being constructed. A similar agreement, for areas outside the City corporate
limits, is concurrently being processed y Kern County.
January 14, 2010, 12:44PM
Tdw:G:\GR0UPDAT\ADMINRPT\2010\01-27\Rosedale Highway Cooperative Agr.doc
A
ro,
ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: S.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
~GI.ZS~
DATE: January 12, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 07-414 for Workers' Compensation claims
administration services with Acclamation Insurance Management Services, Inc.
(AIMS) in an amount not to exceed $321,059.
RECOMMENDATION: Staff recommends approval of the Amendment.
BACKGROUND:
Acclamation Insurance Management Services, Inc. (AIMS) has been the Workers' Compensation
claims administrator for the City since 1997. AIMS employs highly skilled, licensed adjusters to
manage City claims. The most recent contract between the City and AIMS commenced
February 6, 2008. The term of the contract was for two (2) years, expiring February 5, 2010. The
first year fee was two hundred ninety nine thousand, seven hundred fifteen dollars ($299,715).
The second year fee was three hundred ten thousand, two hundred two dollars ($310,202). The
contract contains an option clause that permits the City to extend the contract for one (1)
additional year. The fee for professional services in the third year may not exceed three hundred
twenty one thousand, fifty nine dollars ($321,059), including, but not limited to, all out-of-pocket
expenses.
Due to the recent passage of Mandatory Medicare Set-Aside Reporting requirements, the City
will benefit by extending this contract for the optional third year since AIMS will be including these
services at no additional cost.
Based upon the City's positive experience with AIMS, it is staff's recommendation that the City
Council approve the extension of the AIMS contract for Worker's Compensation claims
administrator for one (1) additional year. Staff also recommends that at the end of the one-year
extension, the City issue a Request for Proposals for Workers' Compensation claims management
services.
January 14, 2010, 8:03AM
S:Wdmin Rpts\2010WIMS Amendment 01.27.10.docx
A.
O~ N 14
c ADM NISTRAT VE REPORT
IF
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: $.m,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: January 8, 2010 CITY ATTORNEY D
CITY MANAGER
SUBJECT: Amendment No. 3 to Agreement No. 07-416 (time extension only) with Krazan
& Associates, Inc. for Material Testing Services for Various Construction
Projects.
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Agreement No. 07-416 with Krazan & Associates, Inc. was approved by the City
Council on December 12, 2007, with a not to exceed compensation clause of $458,128.75. On
December 17, 2008, Council approved Amendment No. 1 increasing the compensation amount
of this agreement to $489,628.75. On December 17, 2008, Council approved Amendment No. 2
increasing the compensation amount of this agreement to $739,628.75.
On December 16, 2009, City Council approved agreement 09-163 with Soils Engineering, Inc. for
the material testing services for the next two fiscal years; however, Krazan & Associates is the
testing firm of-record on the Mesa Marin Sports Complex, the Ashe Road Sewer Project, the City
In the Hills Block Wall Project, and the paving projects on Ashe Road, Wilson Road, Wible Road,
and Stockdale Highway. It is advantageous from a liability standpoint to maintain the same
material testing firm of-record throughout a project.
This amendment extends the period of Agreement No. 07-416 with Krazan & Associates until
December 31, 2010 with no further adjustment in compensation.
Funding for this amendment will be from the budgeted capital improvement projects.
RM (Construction)
January 14, 2010, 1:50PM
G:\GR01JPDAT\ADMINRPT\2010\01-27\Amendment 3 to Agr No 07-416 Krazon Soils.doc
ADMINISTRATIVE REPORT
0
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: January 11, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 08-189 with J. Garcia Trucking ($25,000; for an
amount not to exceed $65,000) for Trucking Services from Mt. Vernon Greenwaste
Facility to the County Landfill. (Ward 3)
RECOMMENDATION: Staff recommends approval of aAmendment.
BACKGROUND: Originally this contract was issued to haul oversized material left after the
compost is screened, from the Mt. Vernon Greenwaste Facility to the County Landfill. The loads
were more than originally anticipated. The use of this type of hauling service is more efficient
than other alternatives. Trucking services are necessary to continue hauling this material.
Per agreement No. 08-087 with the County of Kern, approximately 30% of the $65,000 will be
funded by the County.
Sufficient funds are budgeted to fund this agreement.
G:\GR0UPDAT\ADMINRPT\20I0\01-27\Admin Report -J Garcia.doc
,.ADMINISTRATIVE REPORT
iii 7~V
r
MEETING DATE: January 27, 2010
TO:
FROM:
DATE:
Honorable Mayor and City Council
AGENDA SECTION: Consent Calendar
ITEM: 8.o.
Donna L. Kunz, Economic Development Director
January 13, 2010
APPROVED
DEPARTMENT HEAD 0C
CITY ATTORNEY
vp~
CITY MANAGER /--J
SUBJECT: Amendment No. 1 to Agreement No, 09-092 with Padre Hotel, L.P. ($0, total not to
exceed $1,800,000) to modify installment and interest payment due dates to City of
Section 108 Loan. (WARD 2)
RECOMMENDATION:
Staff recommends approval,
BACKGROUND:
On July 15, 2009, City Council approved the submission of a Section 108 Loan Guarantee
application in the amount of $1.8 million dollars to the U.S. Department of Housing and Urban
Development (HUD) to provide funds for furnishings, fixtures, and equipment at the Padre Hotel
located at 1813 H Street. On July 15, 2009, City Council approved an agreement with Padre
Hotel. L.P, for the repayment of the Section 108 Loan.
The Section 108 Loan is to be repaid by Padre Hotel, L.P. in annual installments over a seven (7)
year period. HUD recently notified City staff of interim quarterly interest payments due on the
note to HUD beginning January 2010 and each quarter thereafter until HUD completes the
bond transaction. HUD and City staff anticipates the bond sale for the Section 108 Loan to
occur in May 2010 at which time HUD will notifies CITY of the final amortization schedule. The
amendment adds the quarterly Interim Interest payments until the final amortization schedule
is received from HUD; requires the Padre Hotel L.P. to make payment of principal and interest
installments to City by the 1 st of June each year beginning in 2010 and interest installments by
December W of each year for seven (7) years; and requires employment forms showing the
number of new positions created, number of employees hired and retained and income
qualifications of the employees be submitted to City by July 15th.
SAAdmins\City Council\City Council Admins 2010\padre amend 1.doc
1/13/2010 3:10 PM
ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8.,p,
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: January 8, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment to agreement and appropriation of funds to prepare an Environmental
Impact Report for Tentative Parcel Map 11865/Site Plan Review 07-2211 (Crossroads
Commercial Center Project) located north of Panama Lane to Hosking Avenue, west of
Gosford Road. (Ward 5).
1. Amendment No. 1 to Agreement No. 08-014 with RBF Consulting for ($10,000.00;
not to exceed $132,610.00) for preparation of an Environmental Impact Report (EIR).
2. Appropriate $10,000.00 (developers' contribution) to the Development Services
operating budget in the General Fund for the EIR consultant.
RECOMMENDATION:
Staff recommends approval of amendment to the agreement and appropriation of funds.
BACKGROUND:
This additional amount of $10,000.00 for the EIR consultant plus $5,000.00 for staff administrative
costs totaling $15,000.00 has been deposited by the applicant, McIntosh and Associates on behalf of
Castle & Cooke California, Incorporated. The total contract amount with RBF Consulting, the EIR
consultant, is $132,610.00, and includes these additional funds. No City funding is required for this
contract. This increase is necessary to cover costs associated with revisions to the environmental
analysis, which was not originally anticipated. All funds to process the EIR are paid by the project
applicant.
The proposed Project encompasses approximately 77-acres located on the west side of Gosford Road
between Panama Lane and Hams Road. The Project proposes the development of a 789,735 square
foot commercial center consisting of a 196,175 square foot building and 10,817 square foot garden
center, restaurants (including drive-thru) containing 30,336 square feet, and other major retail buildings
consisting of 552,407 square feet. A proposed parcel map will divide the suite into 29 commercial
properties.
JS\S:\GPA 3rd 2009\07-2211 (CROSSROADS PLAZA EIR)\Agreements\Amendment\Ad R Amend to agreement.doc
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8. q.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director
DEPARTMENT HEAD /mil
DATE: January 13, 2010 CITY ATTORNEY
v
CITY MANAGER &
SUBJECT: Amendment No. 2 to Agreement No. 07-085 with Stinson's Stationers,
Incorporated extending the term for one (1) year and adding $350,000 (for a
total not to exceed amount of $700,000) to the Annual Contract for office
supplies. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On March 14, 2007, Council awarded the Annual Contract for office supplies
to Stinson's Stationers, Incorporated for a one (1) year period at $350,000; renewable annually
thereafter for four (4) consecutive one-year periods. On March 26, 2008, Council executed
Amendment No. 1 extending the contract term with no additional funds added. If approved,
Amendment No. 2 will add $350,000 for a revised not to exceed amount of $700,000 and will
extend term one year to expire in March 2011. Extending the Agreement allows the City to
continue working with a good provider and saves staff time and efforts required if this item
were to be re-bid.
Purchasing Division
S:\PURCHV►DMIWmendments\Amendment #2 to Agreement 07-085, Stinson's Stationers, January 27, 2010.docx
January 13, 2010, 11:52AM
A
eo+ro ,rte
• stn
U ADM N STRATIVE REPORT
t
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: g, r
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: January 14, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 2 to Agreement No. 09-065 with Kern Pacific
Construction ($54,543.51, for a revised not to exceed amount of $874,849.76) for
The project known as Sewer Improvements: McCutcheon Road From WWTP III
to Ashe Road; Ashe Road From 450' North Of Mckee Road To McCutcheon
Road (Ward 6).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for construction of a sewer trunk main line on Ashe Road
and on McCutcheon Road.
In order to construct the sewer main, an area of existing landscaping that was placed as part of
the Sewer Treatment Plant 3 expansion project had to be excavated. The contractor has
agreed to accept a lump sum of $374.90 to remove, protect, and replace the irrigation lines in
this landscaped area which will be disturbed by the excavation operation.
During the course of construction several previously undetected PG&E electrical conduits and
water lines were discovered. The contractor has agreed to accept a lump sum of $14,508.57 to
protect these utilities during the pipe laying operation.
In order to accommodate the start up operations of the new headworks at Sewer Treatment
Plant 3, the contractor will need to install a plug in the new pipe which ties in to that system. This
is needed to prevent raw sewage from getting into the new pipe before construction is fully
complete. The contractor has agreed to accept a lump sum of $1,186.15 for performing this
work.
During construction it was determined that an additional 106 lineal feet of 36 inch sewer line and
41 lineal feet of 6 inch sewer force main are needed to be laid to accommodate future
extension of the sewer line. The contractor has agreed to do this work for the lump sum price of
$38,473.89.
RM (Construction)
January 14, 2010, 3:09PM
G:\GROUPDAT\ADMINRPT\2010\01-27\CCO 2 McCutcheon Sewer.doc
ADMINISTRATIVE REPORT
The net cost increase of Change Order No. 2 is $54,543.51. The change orders to date on this
project reflect a total cost increase of $197,454.76 (which is an increase of 29.1% of the original
contract amount) as illustrated below:
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
$677,395.00
_ $874,849.76
$197,454.76
RM (Construction)
January 14, 2010, 3:09PM
G:\GROUPDAT\ADMINRPT\2010\01-27\CCO 2 McCutcheon Sewer.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K Smith, Finance Director DEPARTMENT HEAD
DATE: January 12, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Sole of Surplus Glock 22 generation 2 pistols:
1. Award bid for purchase of twenty seven (27) Glock pistols to Gunarama
Wholesale, Incorporated, Spokane, Washington in the amount of
$12,809.22.
2. Appropriate $25,017 revenue from the sale of surplus of ninety three (93)
Glock 22 generation 2 pistols to the Police Department operating budget
within the General Fund.
RECOMMENDATION: Staff recommends approval of the purchase and the appropriation.
BACKGROUND: The Bakersfield Police Department has a surplus of ninety three (93) out of
service generation 2 Glock pistols and associated magazines. Over the last several years the
BPD has upgraded all its generation 2 Glock police service pistols to the newer design
with rails that accommodate standard issued safety lights and sights. The current
Glock model is now generation 4.
Competitive bids were solicited from Glock dealers for the purchase of ten (10) Glock 17
Simunition pistols, purchase of seventeen (17) generation 4 Glock 22 pistols and the trade-in
(sale of surplus) of ninety three (93) generation 2 Glock 22 pistols. Three (3) responses were
received in response to solicitation, listed below. The bidders submitted identical Glock
special pricing for the purchase of new pistols, however, Gunarama Wholesale, Incorporated
submitted the largest trade-in value for the surplus pistols.
Total Purchase Price
Total trade-in
BIDDER
(10) Glock simunltion pistols
(sale of surplus)
and (17) generation 4
(93) generation 2
Glock 22 pistols I
Glock 22 pistols
Gunarama Wholesale, Inc
$12,809.22
$25,017.00
Proforce Law Enforcement
$12,809.22
$24,477.60
L.C. Action Police Supply
$12,809.22
$20,832.00
Staff recommends acceptance of the bid from Gunarama Wholesale, Incorporated and sale
of surplus Glock pistols.
S:\PURCHWDMIN\Adm1n09-10\G1ock Trade-in and Purchase, January 27, 2010
January 14, 2010, 7:67AM
A
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ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: g. ~
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: January 5, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Mill Creek Phase 5B Sewer Lift Station (Ward 2):
1. Accept bid and award contract to HPS Mechanical Inc. ($243,857.00) for the
construction of the Mill Creek Phase 5B Sewer Lift Station Project.
2. Appropriate $30,000 Old Town Kern Redevelopment Project Area Fund Balance
to the Economic and Community Development Department's Capital
Improvement Budget for this project.
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and
approval of appropriations.
BACKGROUND: This moderately sized sewer lift station will allow future commercial development
on the east side of the Mill Creek Linear Park, south of 19th Street, by providing a sewer
connection to the main sewer line located west of the site along Q Street.
This project is funded with tax increment funds within the Old Town Kern Project Area. Additional
funds are required to fully fund this project. The Engineer's Estimate for this construction project
was $165,000.
On December 3, 2009, a total of four bids were received; all of those bids are acceptable. Those
acceptable bids are as follows:
HPS Mechanical, Inc.
3100 E. Belle Terrace
Bakersfield, CA 93307 (City)
Arthurs Contracting, Inc.
7730 Morro Rd., Ste. 103
Atascadero, CA 93422
in the amount of
in the amount of
$243,857.00
$245,650.00
Kern Pacific Construction
4001 Patton Way # 1
Bakersfield, CA 93308 (City)
in the amount of
ConCastCo
4808 Stine Rd., Ste. D
Bakersfield, CA 93313 (City) in the amount of
(tma) (P6K117)
$278,000.00
$283,950.00
G:\GROUPDAT\ADMINRPT\2010\01-27\Mill Creek Phase 5B Sewer Lift Station.doc
a A
ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: g. q.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: January 12, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to KLM Construction Inc. ($67,945.00) for Pier Cap
Strengthening on the Beale Avenue Bridge over the Union Pacific Railroad. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consist of removing existing high strength post tension bars and replacing
with new high strength post-tension bars on the pier caps of the Beale Avenue Bridge over the Union
Pacific Railroad.
The Engineer's Estimate for this construction contract was $84,800. Sufficient funds are budgeted to
award this project.
On December 2, 2009, one acceptable bid was received as follows:
KLM Construction Inc.
15406 Meridian E. Ste. 200
Puyallup, Washington, 98375 in the amount of
$67,945.00
January 14, 2010, 4:19PM NF design TOK211
G:\GROUPDAT\ADMINRPT\2010\01-27\Beal Avenue TOK211.doc
A
011,
01
ADMINISTRATIVE REPORT
IF
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8.v.
TO: Honorable Mayor and City Council PROVED
IT)
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: January 14, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $641,945 Other Agency Share of project costs from North Kern Water
Storage District to the Public Works Department's Capital Improvement Budget
within TRIP Local Match Fund for the Westside Parkway Phase II Project (TRIP) (Ward
2).
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: Prior to the construction of the Westside Parkway main line, North Kern Water
Storage District (NKWSD) needs to install an intertie pipeline facility that connects the Calloway
Canal and the Cross Valley Canal. The intertie facility will cross the Westside Parkway just east of
the Friant Kern Canal.
NKWSD has requested the City to have the Westside Parkway contractor (Security Paving) install
the intertie facility through a City contract change order, and NKWSD will pay for all costs
associated with the construction and construction management.
At the City Council Meeting of November 4th, 2009, the reimbursement agreement with NKWSD,
the contract change order with Security Paving, and the contract amendment with Nolte for
construction management services were all approved. This proposed action appropriates the
NKWSD funds.
January 14, 2010, 4:03PM
G:\GROUPDATWDMINRPT\2010\01-27Wdmin-TRIP Budget approp.doc
F' " tsAhx.~..
~ a\
ADMINISTRATIVE REPORT
`~aczrsr
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: $ . w.
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: January 13, 2010
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER l~
SUBJECT: Appropriate $40,000 Capital Outlay Fund Balance to the Economic & Community
Development Department Capital Improvement budget within the Capital Outlay Fund for
Construction of the Mill Creek Linear Park Project Phases 2, 4, 5A & 5B (WARD 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Mill Creek Linear Park is a conceptual design of a 1.5 mile stretch of agricultural canal which is being
transformed into a major recreational linear park with a "natural creek" and pedestrian corridor that will
travel through the heart of downtown Bakersfield along the Kern Island Canal from Golden State to
California Avenues.
The Bakersfield Redevelopment Agency received a $10 million California Infrastructure Bank Loan in 2007
for Mill Creek Linear Park and Canal Refurbishment Improvements. The I-Bank loan has specific
requirements for the use of the loan proceeds with a cap of $2 million allowed for recreational park
improvements. This threshold has been met, and additional funds are required to complete the remaining
linear park improvements. Park improvements for phases 2, 4, 5A &5B include perimeter and bollard
lighting, wrought iron fencing including canal railings, landscaping, curbing, trash receptacles, drinking
fountains and park benches. Completion of the project is anticipated in February 2010. Staff has
identified available Fund Balance in the Capital Outlay Fund for this purpose.
S:Wdmins\City Council\City Council Admins 2010\Mill Creek - Appr Capital Outlay funds.doc
1/13/2010 4:27 PM
A
ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8. X,
TO: Honorable Mayor and City Council __APPROVED
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD
DATE: January 15, 2010 CITY ATTORNEY /
CITY MANAGER
SUBJECT: California Emergency Management Agency (Cal EMA)
1. Accept State grant for $205,000 for hazardous materials equipment
2. Appropriate $205,000 State Grant Revenue to the Fire Department General
Fund Operating Budget.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Cal EMA approved a grant for $205,000 for the purchase of hazardous materials equipment for
the City of Bakersfield Haz Mat Van # 15. On January 13, 2010, the Resolution authorizing the City
Manager, Fire Chief or Deputy Fire Chief as authorized agents was passed by Council.
The hazardous materials equipment to be purchased will allow the City to be certified as a
"Hazardous Materials Type I Team."
January 15, 2010, 11:20AM
S:\SUSANWdmin Report Word\Cal EMA approp.doc
A
I.
~ ran
ADMINISTRATIVE REPORT
MEETING DATE January 27, 2010 AGENDA SECTION: Consent Calendar
ITEM: S. y,
TO: Honorable Mayor and City Council
FROM: Ron Froze, Fire Chief
DATE: January 15, 2010
ROVED
DEPARTMENT HEAD '
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $99,000 from California Emergency Management Agency and USDA
Forest Service to the General Fund Fire Department Operating Budget for
reimbursement for personnel costs on mutual aid assignments.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Bakersfield Fire Department was involved in numerous Strike Teams (mutual aid assignments)
during the 2009 fire season. The total amount reimbursed from the State of California and the
Federal Forest Service was $99,000.
January 15, 2010, 11:38AM
S:\SUSAMAdmin Report Word\strike team 2009.dot
A
ADMINISTRATIVE REPORT
C LL
MEETING DATE: January 27, 2010 AGENDA SECTION: Closed Session
ITEM: 9. a
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ~G
DATE: January 14, 2010 CITY ATTORNEY
CITY MANAGER ICJ
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (Two matters)
VG:Isc
SACOUNCIUCI Sess\Admins109.1011-27-10.PotLit.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Consent Calendar - Hearings
ITEM: j,2, Q.
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: January 4, 2010 CITY ATTORNEY
CITY MANAGER ,P,s
SUBJECT: Hearing regarding adoption of Resolution making findings and updating the Capital
Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Wards 1-7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This report constitutes the annual review and update of the Capital Improvement Plan (CIP) for the
existing Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) in accordance with California
Government Code Section 66002.
The City Council initially approved the MBHCP on August 25, 1993. Following final approval by the U.S.
Fish & Wildlife Service, the MBHCP became operational in August 1994. The plan and related permit
terminate on August 24, 2014. The preparation of the MBHCP and the protection afforded by it was
undertaken to provide a means for individuals and developers in the metropolitan Bakersfield area to avoid
costly project-speck mitigation in complying with State and Federal Endangered Species Acts. The plan
and agreement describe the estimated costs of the program and indicate the extent and types of facilities
(land) to be acquired with the funding source. They also serve as the CIP for the MBHCP. The program is
self-supporting and requires no support funds from the City or County.
Developers currently pay a $2,145 per acre mitigation fee at grading plan approval to compensate for
direct and indirect impacts on endangered species habitat from urban development. These funds are
used to purchase and manage habitat lands consistent with the City's implementing agreement with the
U.S. Fish and Wildlife Service and California Department of Fish and Game. This fee also covers program
administration, endowments for fencing, and maintenance that are tied to the automatic raises by the
state.
The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement
between the City of Bakersfield and Kern County. The trust group is comprised of representatives from
both the City and County, an at-large public member, and advisory members from the California
Department of Fish and Game, the U.S. Fish and Wildlife Service.
The CIP, under the Trust Group's administration, has operated successfully in meeting the program's
obligations under the terms of our agreement with the California Department of Fish and Game and the
U.S. Fish and Wildlife Service. So far over 18,353 acres of endangered species habitat land have been
ADMINISTRATIVE REPORT Page 2
credited to implementation of the MBHCP. The program has acted to acquire more than 837 acres of
habitat mitigation land in 2009. This places us ahead of the "take" as required by Federal and State law
and our agreement. Therefore, it is recommended that no changes in the CIP are necessary and that the
update be a confirmation of the present plan. Staff will continue to monitor the adequacy of the CIP to
ensure that the program meets its obligations. Staff will also continue to monitor any changes that may
take place in the State and Federal Endangered Species Acts to determine the need to continue the
program or to renegotiate the terms of our incidental take permit from the California Department of Fish
and Game and the U.S. Fish and Wildlife Service.
The Kern County Board of Supervisors took action to adopt a resolution confirming the current CIP on
January 19, 2010. Staff has determined that the annual update of the MBHCP CIP is categorically exempt
from the requirement for preparation of environmental documents pursuant to Section 15308 of the State
CEQA Guidelines. Staff recommends adoption of the resolution updating the CIP for the MBHCP.
cg\ S:\HCP\cap Imprv\2010Wdm rept-2010 hcpcip.doc
MEETING DATE: January 27, 2010 AGENDA SECTION: Report
ITEM: / 3. a .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: January 15, 2010 CITY ATTORNEY
vQ~
CITY MANAGER F~
SUBJECT: Status/Update on Westside Parkway Construction (TRIP) (Wards 2, 4 and 5).
RECOMMENDATION: No action required.
BACKGROUND: Staff will provide a brief update on the Westside Parkway Construction. Included
will be a discussion regarding temporary traffic impacts due to project construction, as well as
the process being undertaken for constructing the sound walls adjacent to residences.
January 15, 2010, 10:41AM
G:IGROUPDA7IADMINRPT12010101-271Status of Westslde Parkway Report admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 27, 2010 AGENDA SECTION: Reports
ITEM: j X • b,
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager
Nelson K. Smith, Finance Director DEPARTMENT HEAD 196
DATE: January 19, 2010 CITY ATTORNEY ft'
CITY MANAGER
SUBJECT: Mid Year Budget Report and Adjustments
RECOMMENDATION: Staff recommends approval of the budget changes and fund
transfers as detailed in the attached exhibit.
BACKGROUND:
The City finds itself in extraordinarily difficult financial circumstances as we head into the
second half of the 2009-10 fiscal year. At the time the City adopted our budget last June we
knew that our major revenue sources of property tax and sales tax were in decline. We also
knew that permit and inspection fees were at very low levels. We further suspected that the
State of California would take some type of budgetary action that would damage our local
agency, although in June 2009 we had no clarity on the specific impacts or what the State
action would look like in final form.
Sales tax revenues have been in decline for the past three years. At the time of our budget
adoption last June we had built in an assumption into our General Fund calculations that
projected sales tax revenues would decline in 2009-10 by about 7%. As you know, over the
last six months our sales tax has declined by about 22%, and there is no real indication that
this major revenue trend will recover in the short term. Additionally we are projecting about
a $540,000 shortfall in Development Services permit and inspection fees.
The State of California adopted a budget a few months ago which, among other things,
authorized via Proposition 1 A a borrowing of local property tax dollars to help the State
supposedly balance their budget. This action has shifted $6,738,432 of our current year
property tax dollars to the State of California. This "one-time" borrowing is supposed to be
repaid to us within a three year period. The Governor recently announced that the State
again has about a $20 billion budget deficit going into next year's budget cycle.
As the local, state and national economies continue to struggle, we are forced to request
some significant mid-year budgetary adjustments, as detailed on the attached exhibit.
However, even with this budget reduction action, we are still projecting a budget shortfall for
2010-11 and are working on developing plans to address this anticipated budget gap.
nks
S:1Admin\Admin - Prop 1A prop tax budget reduction jan 2010.doc
Jan 4, 2010
4826-0198-1440.2
ADMINISTRATIVE REPORT
Additionally, given the State budget situation, we have a very real need for contingency
plans regarding potential State actions, which will likely be unclear when the time comes to
adopt the City's next annual budget.
Most of the budget adjustments detailed on the exhibit are related to our revenue shortfalls
and related budget reductions needed to maintain a balanced budget. There are also a
couple of "clean up" budget adjustments being requested to improve our accounting of
specific funds. We have also included a couple of other budget adjustment requests in this
mid-year report that are related to specific projects.
While a more detailed description of requested actions is attached as an exhibit, the
following is a bullet point summary of requested budgetary actions:
Item # 1: Reduce Property Tax revenue estimates by $6,738,432.
Item # 2: Reduce Sales Tax revenue estimates by $8,083,000.
Item # 3: Reduce permit fee revenue estimates by $540,000.
Item # 4: Reduce general fund appropriations by $8,073,968. These funds were previously
budgeted for public safety retro pay and possible salary increases.
Item # 5: Reduce Hotel Tax revenue estimates by $850,000. This reduction would be offset
by a reduction to the CVB operating budget and by a reduction of capital outlay
appropriations from the previously frozen phone system monies.
Item # 6: Recognize self insurance refund revenues and increase self insurance budget for
large claim that was initially paid by City and later reimbursed from insurance company.
Item # 7: Adjust budget to properly account for prior year interest earnings on sewer
trunkline trust accounts.
Item # 8: Separate utility surcharge revenues from Transportation Impact Fee funds.
Item # 9: Transfer $300,000 from the previously frozen phone system monies to complete
Phase I of the Sports Village project.
Item # 10: Separate Westside Parkway federal funds and some local lease revenue funds
from the ISTEA federal fund accounts.
Item # 11: Reduce Redevelopment (RDA) tax increment revenue estimate by $750,000 and
make other adjustments to RDA debt service and operations budgets.
nks
S:VWminAdmin - Prop 1A prop tax budget reduction jan 2010.doc
Jan 4, 2010
4826-0198-1440.2
AK
U ADMINISTRATIVE REPORT
1
MEETING DATE: January 27, 2010 AGENDA SECTION: New Business
ITEM:
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: January 22, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution Regarding Tow Truck Services.
RECOMMENDATION:
APPROVED
Staff recommends adoption of the Resolution which would rely upon the California Highway Patrol
standards and list as the qualifying criteria for the City tow rotation list, effective July 1, 2010.
BACKGROUND:
Issue:
Recently staff was prompted by a Councilmember referral to review the process by which the City
selects tow companies for inclusion on the Police Departments (PD) towing rotation list. A local
tow company owner felt that an equitable process did not exist for those who sought inclusion as
a contract tow vendor for the PD. Staff therefore began a review of the process in place. During
this review several groups became very interested in the outcome of staff's review and began
lobbying efforts to either expand the number of tow companies allowed to do business with the
City or to keep the status quo, depending on which side they were on. The Bakersfield Towing
Coalition represents the group of tow companies currently on the PD rotation, while the Bakersfield
Towing Association is made up of fifteen (15) or so local tow companies interested in contracting
with the City to provide towing services. It should also be noted that there may be additional tow
companies interested in this issue that are not represented by either group.
In general, the Bakersfield Towing Coalition has taken the position that the current process in place
is working and the current vendors under contract with the PD provide a consistent quality service
and have made significant investments in their businesses, based on serving these contracts. In
general, the Bakersfield Towing Association has taken the position that the current system is unfair
and restricts business opportunities to a select few who have worked to protect their perceived
monopoly with respect to the PD towing rotation.
Review of the current process led staff to believe that a new and more equitable process should
be implemented. The goal of staff is to insure this process is clear and understandable so that
those who wish to do business with the City have a clear understanding of our procedures. This
new process will also help in removing the perception that a company needs to hire a lobbyist to
either get on, or remain on the PD rotation list. Staff reviewed a number of options and researched
several other jurisdictions during this process. The following information provides an overview of the
January 22, 2010, 10:19AM
S:\000NCIUAdmins\09-10 Admins\TowTruckReso.doc
ADMINISTRATIVE REPORT
current situation as well as staff's recommendation for a new policy to govern how tow companies
are selected to contract with the City.
Current Status:
The PD maintains a list of contracted tow companies that are regularly called upon, on a
rotational basis, to provide towing services. This list includes companies that can provide light,
medium and heavy-duty towing services necessary for responding to code violations, traffic
accidents, DUI checkpoints, vehicle impoundments and other instances where vehicle tows are
required. Specific equipment specifications, rates for services, and the number of tow companies
that can contract with the City to provide towing services has been set by Council Resolution
since 1994. The cost associated with these towing services is, in most cases, the responsibility of the
owner of the vehicle. However, the PD rotational list is utilized to determine the firm that is called
upon to provide these services, unless a preference is offered by the owner of the vehicle in
question. Currently the PD rotational list includes six (6) companies that provide towing services
under contract with the PD and they include;
Golden Empire Towing, Inc. - (light, medium and heavy duty)
Jim's Towing Service, Inc. - (light, medium and heavy duty)
H&S Body Works & Towing - (light and medium duty)
Randy's Towing - (light duty)
Louie's Towing - (light duty)
Barnett's Towing - (light duty)
One of the six tow companies is designated as the inside storage facility for vehicles impounded
and stored for investigative purposes. Currently, the designated facility is Randy's Towing. It is the
City's intent to enter into a contract for evidence towing and storage services with one (1) tow
company by way of a Request for Proposal process.
Each company's contract was updated in 2007 and they include indeterminate terms, however,
these contracts include a termination clause which may be triggered by either party upon ten (10)
days written notice. 2007 was also the last time that the Council Resolution setting rates and
equipment specifications for tow truck services was updated.
Current Vepdor Selection Progeq:
Currently, tow companies interested in contracting with the City must submit a PD Tow Service
Rotation List Application to the Traffic Section Commander. However, unless one of the six vendors
on the PD rotation list is removed either at their request or for cause, no new company has been
allowed to join the rotation. If an opening occurs, the PD will then review the applications that
they have on hand and inquire if those companies are still interested in contracting with the PD.
Following that process, the PD conducts an equipment and facility inspection of the tow
companies that have applied and a replacement company is selected by the Chief of Police or
his designee. This process requires interested new vendors to remain on a waiting list for an
unknown and potentially lengthy period of time.
There are currently nine (9) tow companies with applications on file with the PD. Due to the
uncertainty of the current process, some companies have felt the need to hire representatives to
assist them in their efforts to join the PD rotation list, while those currently on the.,PQ rotation list have
hired representatives to assist in maintaining the status quo.
January 22, 2010, 10:19AM
S:\000NCUAdmins\09-10 Admins\TowTruckReso.doc
ADMINISTRATIVE REPORT
Volume of Calls for Service:
To put some context to the business opportunities generated by these contracts, the chart below
details the number of calls for towing services for the past several years. This information comes
from PD dispatch records and DUI/Drivers License (DL) Checkpoint records. It is important to note
that these numbers are likely to increase given the recent success the PD has had in receiving
grant funding for DUI checkpoints,
Regular
2007
Monthly
2008
Monthly
2009
Monthly
Taw
Total
Avg.
Total
Avg.
Total
Avg.
Barnett's
1737
145
1881
157
1645
138
GET
1711
143
1903
159
1642
137
H&S
1739
145
1908
159
1655
138
Jim's
1728
144
1898
158
1651
138
Louie's
1738
145
1910
159
1662
139
Randy's
1756
146
1917
160
1662
139
Heavy Duty
2007
Monthly
2008
Monthly
2009
Monthly
Tow
Total
Avg.
Total
Avg.
Total
Avg.
GET
45
4
53
4
16
1
Jim's
34
3
52
4
21
2
DUI/DL
591
49
787
65
1368
114
Checkpoint
Tow
Police
2007
Monthly
2008
Monthly
2009
Monthly
Vehicle
Total
Avg.
Total
Avg.
Total
Avg.
Tow
Barnett's
58
5
108
9
85
7
TOTALS
11,137
12,417
11,407
In addition to the towing numbers provided above, and outside of the contracts with the existing
six vendors, the City Public Works Department regularly requires towing services for its fleet of
vehicles. It is the intent of the City to include these service needs through the contractual
agreements when they are updated. This Resolution will include a rate structure that is to be
utilized by City contracted towing vendors for these types of towing calls, as they will be handled
through the PD rotational list in the future.
Current City Reaulations:
Prior to 1994, and as for back as 1977, regulations governing contracted towing services, including
the maximum number of contractors allowed, were included in the Municipal Code. The rate
schedule that was applicable to towing services provided via contract with the City was set by
Resolution and this schedule was periodically updated. During this time, the regulations included
the following statement:
"There shall be a maximum of six towing services to provide service in the City at the
request of the Police Department. "
January 22, 2010, 10:19AM
S:\000NCILWdmins\09-10 Admins\Tow-rruckReso.doc
ADMINISTRATIVE REPORT
This section of the Municipal Code no longer exists and in 1994 the Council passed a Resolution
(207-94) which set the rates and equipment specifications for tow truck services provided pursuant
to contract with the City. At this time all regulations governing towing services contracted by the
City were provided for in Resolution. Included in this Resolution was the following statement:
"The City shall contract with no more than six (6) towing services each for light-duty
and medium-duty towing services and no more than two (2) towing services for
heavy-duty towing services.
Since 1994, the Council has passed four (4) Resolutions updating the rates and equipment
specifications for tow truck services provided under contract (15-95; 040-02; 089-05; 186-07). In
practice, the PD rotational list has only included six (6) different tow companies, even though the
1994 Resolution allowed for a potential maximum of fourteen (14) different tow companies to be
under contract with the PD,
Review of Other Jurisdictions:
Staff reviewed the process utilized by multiple jurisdictions, related to their contracting for tow
services. Unfortunately, this review produced results that were wide-ranging with jurisdictions
having anywhere from 2 to 43 tow companies on their rotation lists. Most of the jurisdictions
surveyed did not have a set maximum limit of tow companies that could be on their rotation list,
although some did. Staff also reviewed the current process utilized by the Kern County Sheriff's
Office (KCSO) and the California Highway Patrol (CHP).
The CHP has an established process by which they annually (through an open enrollment process)
approve qualified towing vendors in the Bakersfield area. This thorough process requires vendors
to submit to inspections of their equipment and facilities and meet other specific qualifications
and requirements. Vendors who meet the CHP requirements then enter into a CHP Tow Services
Agreement. The CHP Tow Services Agreements also include provisions for corrective action if any
issues arise with a specific tow company. The KCSO utilizes a similar approved towing list as a basis
for its tow rotation.
Recommended Chanaes:
Staff is recommending that the City utilize the CHID Bakersfield Area Tow List (Northwest Tow District;
Central Tow District; or Southwest Tow District) as it is updated each year. Currently there are
twenty-two (22) tow companies on these lists. Utilizing this process will provide clarity as to the
minimum qualifications that are required for a tow company to contract with the City. All
companies on the CHP Bakersfield Area Tow List (Northwest Tow District; Central Tow District; or
Southwest Tow District) would then be eligible to enter into a tow service contract with the City if
they chose to do so. It is being recommended that these new contracts have an effective date
of July 1, 2010, This change in policy would expand the opportunity for tow companies to do
business with the City beyond the current six vendors.
Administration of this expanded list of tow companies is not an issue for staff as the rotation system
in place can easily accommodate an expanded number of companies. Furthermore, utilizing this
process will not require a duplication of efforts as the CHIP qualification criteria is very similar to
existing City requirements. The City will also be able to require additional levels of insurance and
oversight through our own contracts with qualified vendors. It is staff's intent that the new towing
contracts discussed above will be administered by the Finance Department while the PD will
January 22, 2010, 10:19AM
S:\000NCUAdmins\09-10 Admins\TowTruckReso.doc
ADMINISTRATIVE REPORT
maintain administration of the rotational process via the PD Dispatch Center.
Adoption of this Resolution will implement the staff recommended process outlined above and will
set the rates for tow services provided via the City Rotation list. It is important to note that staff is
not recommending a change to the existing rates that are currently in place for towing services
provided to the public. However, we are adding a new rate structure for City vehicle tows. Staff
believes this will provide a clear, fair and equitable process for all interested tow companies to
follow if they are interested in contracting with the City.
January 22, 2010, 10:19AM
S:\000NCUAdmins\09-10 Admins\TowTruckReso.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 13, 2010
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
Mayor Hall announced the towing issue will be
discussed at the January 27, 2010 City Council
Meeting, and indicated public speakers will still be
heard on this matter tonight.
Mayor Hall called upon City Manager Tandy who
announced the appointments of the new Chief of
Police Greg Williamson and City Clerk Roberta
Gafford.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None.
2. INVOCATION by Rabbi Shmuel Schlanger, with
Chabad of Bakersfield Synagogue.
3. PLEDGE OF ALLEGIANCE by Tristan Cook, 5t" grade
student at Laurelglen Elementary School.
Mayor Hall recognized the Ridgeview High School
Government Class in attendance at the meeting to
learn about City government.
4. PRESENTATIONS
None.
5. PUBLIC STATEMENTS
ACTION TAKEN
a. Dolores Barton spoke in support of prayer at
City Council meetings.
Bakersfield, California, January 13, 2010 - Page 2
5. PUBLIC STATEMENTS continued
b. Robert Ring, of the law firm of Ring and Green,
representing 15 local independent tow
companies; Christina Huff, owner of Payless
Towing; and Ray Tavakoli, owner of Louis 2
Towing, spoke in support of modifying the
ordinance for Police towing in the City.
C. Rev. Wesley Crawford spoke regarding
enforcement of 1-9 Federal Policy on private
contractors.
Councilmember Benham asked staff to respond
to Mr. Crawford's inquiry and make sure the
City is in compliance with all pertinent laws and
regulations.
d. Jose Quirarte spoke regarding a problem with
his ex-landlord.
Councilmember Sullivan asked staff to respond
to Mr. Quirarte's comments regarding the City's
responsibility as it relates to his problem.
e. Trice Harvey, representing the Bakersfield
Towing Companies Coalition, spoke in
opposition to modying the Police tow
contracts.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
ACTION TAKEN
Minutes:
a. Approval of minutes of the December 16, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR
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.
Bakersfield, California, January 13, 2010 - Page 3
8. CONSENT CALENDAR continued
ACTION TAKEN
Ordinances:
C. First Reading of Ordinance amending Municipal FR
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.
d. Adoption of Ordinance amending the Official ORD 4611
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)
e. Adoption of Ordinance amending the Official ORD 4612
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 RES 001-10
money ($2,641.70) to the General Fund.
Bakersfield, California, January 13, 2010 - Page 4
8.
CONSENT CALENDAR continued
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;
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
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.
h. Resolution approving the application 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.
i. Resolution of Intention No. 1654 to order the
vacation of a sewer line easement located at
9628 Rosedale Highway.
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.
Wastewater Division Settlement Agreement with
Bolthouse Farms ($622,821.27) for collection and
treatment of large unreported sewer
discharges.
RES 003-10
ROI 1654
RES 004-10
AGR 10-001
AGR 10-002
Bakersfield, California, January 13, 2010 - Page 5
8.
CONSENT CALENDAR continued
ACTION TAKEN
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.
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).
o. Agreement with Kern High School District
($50,000) for use of aquatic facilities for
practice and swim meets.
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)
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.
Homelessness Prevention Services and Rapid
Re-Housing Services (HPRP):
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.
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.
AGR 10-003
AGR 10-004
AGR 10-005
AGR 10-006
AGR 10-007
AGR 09-126(1)
ABS COUCH
AGR 09-127(1)
ABS COUCH
AGR 09-070(1)
Bakersfield, California, January 13, 2010 - Page 6
8. CONSENT CALENDAR continued
t. HOME Investment Partnership Funds:
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.
U. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
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.
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).
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 04-214(7)
AGR 07-132(1)
Bakersfield, California, January 13, 2010 - Page 7
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.
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)
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)
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.
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.
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.
ACTION TAKEN
AGR 08-114(2)
AGR 03-213(2)
AGR 07-304
00034, 00037,
00042, 00080
AGR 09-075
CCO 1, 0002,
0003, 0004
AGR 09-129
0001
AGR 10-008
Bakersfield, California, January 13, 2010 - Page 8
8. CONSENT CALENDAR continued
Miscellaneous:
dd. Appropriate contributions totaling $900 to the
Recreation and Parks Department Operating
Budget within the General Fund for the MLK
Community Center.
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.
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.
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.
Revision to Miscellaneous Civil Service Rules &
Regulations Section 3.03A.
ACTION TAKEN
mm. City Council Goals Update.
Bakersfield, California, January 13, 2010 - Page 9
8. CONSENT CALENDAR continued ACTION TAKEN
City Clerk Gafford announced a hearing notice was
inadvertently mailed regarding item 8.1., and new
notices will be distributed for a hearing date to be set
for February 17, 2010, to be published and mailed to
the property owners.
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, board member, on item 8.r.
Councilmember Carson requested that items 8.g. and
81 be removed for separate consideration.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a, through 8.mm., with the removal
of items 8.g. and 8.t. for separate consideration.
g. Resolution regarding the use of Housing Set- RES 002-10
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.
At the request of Councilmember Carson,
Economic Development Director Kunz made
comments regarding Consent Calendar items
8.g. and 8.t.
Motion by Councilmember Carson to adopt APPROVED
Consent Calendar item 8.g.
Bakersfield, California, January 13, 2010 - Page 10
8.
CONSENT CALENDAR continued
ACTION TAKEN
HOME Investment Partnership Funds:
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.
Motion by Councilmember Carson to adopt
Consent Calendar item 8.t.
9. CONSENT CALENDAR HEARINGS
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.)
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.)
Consent Calendar Hearings opened at 5:50 p.m.
No one spoke.
Consent Calendar Hearings closed at 5:50 p.m,
AGR 08-160(1)
APPROVED
RES 005-10
RES 006-10
Motion by Vice-Mayor Scrivner to adopt Consent
Calendar Hearing items 9.a. and 9.b.
Bakersfield, California, January 13, 2010 - Page 11
10. HEARINGS ACTION TAKEN
None.
11. REPORTS
None.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Carson asked Police Department staff
to contact her.
Councilmember Sullivan referred to the Community
Services Committee the issue of revising the minimum
standards for medians in more established areas of the
City where there is no new construction, because the
standard is lower than it needs to be.
Councilmember Sullivan expressed her appreciation
for the City's efforts in experimenting with artificial turf
on the south Stine median.
Councilmember Sullivan mentioned she attended the
Maya Cinema for the first time and is very impressed
with the theater and the fact that Mr. Esparza, the
chairman of the cinema, was present in the lobby
greeting customers.
Mayor Hall offered congratulations to Police Chief
Williamson and City Clerk Gafford on their promotions.
Councilmember Benham asked staff to respond to
correspondence regarding a concern about an oil
production site.
Councilmember Benham asked for a report from the
Police Department regarding recent criminal activity
in the California Avenue area west of the freeway and
look at ways to make the area safer for the businesses
and residents.
Bakersfield, California, January 13, 2010 - Page 12
15.
CLOSED SESSION ACTION TAKEN
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 PULLED
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.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 5:57 p.m.
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 7:51 p.m.
RECONVENED MEETING AT 7:52 p.m.
16. CLOSED SESSION ACTION
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 REPORTABLE
No. CV-F-04-5541 AWI ACTION
2. Land Lot 1, LLC, et al v City - KCSC Case NO REPORTABLE
No. S-1500-CV-263357 WDP. ACTION
C. Conference with Labor Negotiator STAFF GIVEN
pursuant to government Code Section 54957.6. DIRECTION
Bakersfield, California, January 13, 2010 - Page 13
16. CLOSED SESSION ACTION continued
ACTION TAKEN
d. Public Employee Performance Evaluation - City COMPLETED
Attorney; Closed session pursuant to FAVORABLE
Government Code Section 54957(b)(1) / EVALUATION
54957.6.
Vice-Mayor Scrivner announced the City
Attorney was given an excellent evaluation
and her service is appreciated.
17. ADJOURNMENT
Vice-Mayor Scrivner adjourned the meeting at
7:54 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST;
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield