HomeMy WebLinkAbout09/17/08_CC_AGENDA_PACKET~.::~, ,, BAKERSFIELD CITY COUNCIL
'-~,,,_ AGENDA
ate'! • MEETING OF SEPTEMBER 17, 2008
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Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
(15 min.)
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. WORKSHOPS
a. Status of Thomas Road Improvement Program (TRIP) Projects. (Staff presentation by Raul
Rojas, Public Works Director.)
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 3, 2008 Regular City Council Meeting.
Payments:
b. Approval of department payments from August 22, 2008 to September 4, 2008 in the amount
of $20,555,322.76 and self-insurance payments from August 22, 2008 to September 4, 2008
in the amount of $179,089.99
Ordinances:
(Ward 4) c. First Reading of Ordinance amending Section 17.06.020 (Zone Map No. 122-12) of the
Municipal Code by changing the zoning from P.U.D. (Planned Unit Development) to R-
1/P.U.D. (One Family Dwelling/Planned Unit Development) on 93.55 acres located at the
northeast corner of White Lane and South Allen Road (ZC #08-0594 -McIntosh and
Associates representing Castle and Cooke Development).
Resolutions:
d. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of the assessments by the Kern County Tax
Collector.
(Ward 4) e. Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 591 consisting of 80.27 acres, located
generally north of Brimhall Road, east of Rudd Avenue, on south side of Palm Avenue.
(Ward 2) f. Purchase of Landscapeforms Decorative Benches for Mill Creek Linear Park
Resolution determining that landscapeforms decorative benches cannot be obtained
through the usual bidding procedures and authorizing the Finance Director to
dispense with bidding therefore, not to exceed $182,000.
2. Approve the purchase of decorative benches from landscapeforms in the amount of
$182,000.
4. CONSENT CALENDAR continued
(Ward 2) g. Purchase of Decorative Street Lights for 34th Street Streetscape
Resolution determining that decorative street lights cannot be obtained through the
usual bidding procedures and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $55,000
2. Approve the purchase of decorative street lights from Consolidated Electrical
Distributors, Inc, Bakersfield in the amount of $54,618.
h. Radio I P Project
Resolution determining that a secure source of communication between police
mobile data computers, the communications center and the records management
system (Versaterm) cannot be reasonably obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with bidding therefore
and purchase one data transfer system from Radio IP, Inc., not to exceed $310,000.
2. Independent Contractor's Agreement with Radio IP, Inc. (amount not to exceed
$310,000) for Radio IP Software to provide the Police Department mobile data
computers the ability to communicate over cellular data networks.
3. Appropriate $738,500 from the Equipment Replacement Fund balance to the
Information Technology budget within the Equipment Replacement fund for 211
replacement computers.
Audio/Photo File Management System for the Bakersfield Police Department
Resolution determining that a digital file management system that stores and
manages both digital photo and audio files cannot be reasonably obtained through
the usual bidding procedures, and authorizing the Finance Director to dispense with
bidding therefore and purchase one Digital Information Management Systems (DIMS)
from Linear Systems not to exceed $75,000.
2. Agreement with Linear Systems ($71,657.54) to purchase DIMS.
Agreements:
j. Amendment No. 2 to Agreement No. 07-098 with Gregory B. Bragg & Associates
assigning it's interest to York Insurance Services for liability claims administration.
(Ward 4) k. Amendment No. 2 to Agreement No. 04-380 with Dokken Engineering ($19,000; revised not
to exceed $622,700) for additional engineering, construction documents, and field work for the
Allen Road Bridge over Kern River Project.
(Ward 7) I. Amendment No. 2 to Agreement No. 07-194 with Lim & Nascimento Engineering Corporation
($66,896; revised not to exceed $368,896) for construction management services for the
eastbound to southbound on-ramp reconstruction at White Lane at State Route 99.
2 City Council Meeting of 09/17/2008
4. CONSENT CALENDAR continued
(Ward 4) m. Agreements to purchase real property located on the east side of Mohawk Street south of
the BNSF railroad for Westside Parkway:
1. Kerminette S. Bonney for $23, 821.26
2. Charles W. Bozarth and Anne Lane Bozarth, Trustees for $43,250.00
3. Charles B. Randall for $5,169.72
4. Marshall Plan, LTD for $21,625.00
5. Annetta C. Lee for $23,821.26
6. Optimists Boys Home and Ranch for $36,492.16
7. Judy Shultis Steffens for $9,478.09
Agreement with County of Kern regarding annexation of the fairgrounds property.
o. Agreement with Dresser Services, Inc. ($75,000) to provide on-call asbestos survey report
services for Capital Improvement Projects for fiscal years 2008-09 through 2010-11.
(Ward 7) p. Contract Change Orders Nos. 4 - 14 to Agreement No. 07-193 with Griffith Company
($153,868.35; revised not to exceed $168,363.35) for the eastbound to southbound on-ramp
reconstruction at White Lane at State Route 99.
(Ward 3) q. Contract Change Order No. 21 to Agreement No. 07-304 with Security Paving Construction
($30,462.50; revised not to exceed $29,443,829.64) for the State Route 178 and Fairfax
Road Interchange Project. (TRIP)
Bids:
(Ward 3) r. Accept bid to award contract to Griffith Company ($230,949) for street improvements (right
turn channelization) on Mt. Vernon at State Route 178.
(Ward 2) s. Accept bid to award contract to Belaire-West Landscape, Inc. ($518,893) for the construction
of the streetscape improvements on 34th Street from "Q" Street to Union Avenue.
(Ward 3) t. Traffic Signals and Lighting System Installation on Auburn Oaks Drive and Fairfax Road
Accept low bid and award contract to A-C Electric Company ($131,295) for the
project.
2. Appropriate $40,000 from the Transportation Development Fund balance to the
Public Works Department's Capital Improvement Budget.
(Ward 2) u. Accept bid from Mid-State Precast, LP ($106,123.88) for precast weir panels for Mill Creek
Linear Park Project Phases 4 & 5.
(Ward 2) v. Accept bid from Lortz Manufacturing ($203,862.95) for miscellaneous metal fabrication for
weir construction for Mill Creek Linear Park Project Phases 4 & 5.
(Ward 2) w. Accept bid from Structure Cast ($427,927.50) for precast bridge arch units for Mill Creek
Linear Park Project Phases 4 & 5.
Miscellaneous:
x. Revised job specification for Construction Superintendent.
3 City Council Meeting of 09/17/2008
4. CONSENT CALENDAR continued
(Ward 4) y. Grant of temporary construction easement to Southern California Gas to relocate a natural
gas pipeline adjacent to Mohawk Street extended.
z. Department of Housing & Urban Development HUD, HOME Investment Partnership Action
Plan Amendment No. 2 (FY08/09), Amendment No. 4 (FY 07/08), Amendment No. 7 (FY
04/05) Amendment No. 8 (FY03/04) and Amendment No. 12 (FY 00/01)
Staff recommends adoption of Consent Calendar items a through z.
5. CLOSED SESSION
a. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9.
RECONVENED MEETING -approximately 6:30 p.m.
6. ROLL CALL
7. INVOCATION by Pastor Tom Touchstone -Valley Bible Fellowship
8. PLEDGE OF ALLEGIANCE by Camille Wood, 8th Grade Student -Heritage Christian School
9. CLOSED SESSION ACTION
10. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Stacy Crooks and Jennifer Henry, proclaiming
October 2008 at "Paint the Town Pink Month".
b. Presentation by Mayor Hall of Proclamation to Aaron Markovits, proclaiming October 2008
as "Disability Employment Awareness Month".
11. PUBLIC STATEMENTS
12. APPOINTMENTS
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
a. Public Hearing to consider PG & E Franchise Renewals
1. First Reading of Ordinance granting to PG & E a franchise for distributing electricity
within the City.
2. First Reading of Ordinance granting to PG & E a franchise for distributing gas within
the City.
Staff recommends first reading of ordinances.
4 City Council Meeting of 09/17/2008
14. HEARINGS continued
(Ward 2) b. Public Hearing to consider Resolution to authorize the Redevelopment Agency to sell 3.8
acres of real property located at 1401 "S" Street for $660,000 to Chelsea Investment
Corporation for the development of 70 affordable multi-family apartments as phase I of the
South Mill Creek Mixed Use Redevelopment Project
1. Resolution approving the sale of 3.8 acres of Real Property located at 1401 "S" Street
by the Redevelopment Agency to Chelsea Investment Corporation for $660,000.
2. Assignment Agreement with the Redevelopment Agency for the use of $1.0 Million in
HOME Investment Partnership Funds for constructing 70 affordable multi-family units
at 1401 "S" Street with Chelsea Investment Corporation.
Staff recommends adoption of resolution and approval of agreement.
c. Public Hearing to consider the Metropolitan Bakersfield Regional Transportation Impact Fee,
Phase IV
1. Resolution adopting the 2008-2035 Regional Transportation Facilities List Phase IV,
and adopting nexus.
2. First Reading of Ordinance amending Chapter 15.84 of the Municipal Code relating to
a Transportation Impact Fee on new development.
Staff and Planning & Development Committee recommends adoption of resolution and give first
reading to the ordinance.
d. Public Hearing to consider Resolution authorizing the City to join the Statewide Community
Infrastructure Program (SCIP); authorizing the California Statewide Communities
Development Authority to accept applications from property owners, conduct special
assessment proceedings and levy assessments within the territory of the City; approving the
form of acquisition agreement for use when applicable; and authorizing related actions.
Staff recommends adoption of resolution.
15. REPORTS
16. DEFERRED BUSINESS
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
°~~~~
Alan Tandy
City Manager
09/11/08 3:45PM
5 City Council Meeting of 09/17/2008
AGENDA HIGHLIGHTS
SEPTEMBER 17, 2008 COUNCIL MEETING
REGULAR MEETING 5:15 a.m.
The Public Works Director will provide an update of Thomas Road Improvement Projects (TRIP).
CONSENT CALENDAR
Ordinances
Item 4c. First Readin4 of an Ordinance by Chanaina the Zonino from P.U.D. to R-1/P.U.D. on 93.55 Acres
Located at the Northeast Corner of White Lane and South Allen Road. McIntosh and Associates, representing
Castle and Cooke Development, propose to allow the developer the opportunity to modify the project's design
by eliminating most of the alleys within the original subdivision and increase lot sizes. Additionally, the amount
of park/open space would be reduced by 1.7 acres (but still 6.2 acres above City minimum), and the number of
lots reduced from 242 to 224. On July 17, 2008, the Planning Commission recommended adoption by the City
Council. There was public comment, both for and against the project, at the hearing.
Resolutions
Item 4d.
for Mill Creek Linear Park. On April 9, 2008, Council approved a sole source resolution to purchase 36
decorative benches from Landscapeforms. To complete this part of the project, it is now necessary to
purchase the remaining 76 benches.
Item 4h. Radio IP Project for the Police Department. This item involves specialized software and hardware
that will allow the Police Department to transfer data from the Communications Center and Records
Management System to Mobile Data Computers with cellular technology, while still supporting the current
communications infrastructure. The current protocol will no longer be supported by Motorola as of January 1,
2010, so a new system must be in place in order for the system to remain functional. Using cellular technology
will provide many benefits, and they are listed in the administrative report. After much review, staff finds that
there is only one vendor, Radio IP, Inc., that offers the needed solutions. Staff recommends authorizing the
Finance Director to dispense with bidding and purchase the equipment with Supplemental Law Enforcement
Services Funds in an amount not to exceed $310,000. Included in this item is a separate, but related, request
to appropriate $738,500 from the Equipment Replacement Fund to replace 211 existing computers.
Bids
Item 4s. Award Contract to Belaire-West Landscape. Inc. for the Construction of the 5treetscape
Improvements on 34th Street from "Q" Street to Union Avenue in the amount of $518.893. This item awards
Phase 1 of a larger project, and covers the area from "Q" Street to Union Avenue. The project will be funded
with Community Development Block Grant (CDBG) funds. Four bids were received, and all of them were
acceptable. Staff recommends awarding the contract to Belaire-West Landscape, Inc.
Items 4u., 4v., and 4w. Mill Creek Linear Park Project. Phases 4 8~ 5. Staff recommends awarding three
contracts, as follows: 1) Award contract to Mid-State Precast, LP for Precast weir panels in the amount of
$106,123.88; 2) Award contract to Lortz Manufacturing for miscellaneous metal fabrication for weir construction
in the amount of $203,862.95; and 3) Award contract to Structure Cast for precast bridge arch units in the
amount of $427,927.50.
Miscellaneous
Item 4z.
(FY03/04), and Amendment No. 12 (FY00/01). Staff proposes to transfer $560,000 in HOME Investment
Partnership (HOME) program savings from various projects to the Taylor Street Condos Downpayment
Assistance Program. Escrows, with the City's assistance, should close by the end of December 2008. Loans
will have a 15-year affordability period with the balance due and payable in year 30.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of potential litigation.
CONTINUATION OF THE REGULAR MEETING -APPROXIMATELY 6:30 P.M.
HEARINGS
Item 14a. Public Hearing to Consider PG&E Franchise Renewals. On August 20, 2008, Council approved
resolutions extending the term of the existing franchises to December 18"' or until adoption of the new
franchise ordinances, whichever occurs first. This item involves two ordinances, and staff recommends first
reading of each when the public hearing is closed. The i:trst ordinance grants the franchise for distributing
electricity and the second grants the franchise for distributing gas.
The basic benefits of the franchise renewals provide the City with better clarity on costs for roadway projects
and with acceleration of many undergrounding projects. The franchise also better compensates the City for
the large-scale use of its roads and rights-of--way. About $1.5 million per year in increased revenue will be paid
by PG&E under the base agreement after renewal
Additionally, there is an opportunity to add a 1 % local surcharge (excluding low income or CARE customers)
as added compensation for use of our roads and rights-of--way. That cannot be guaranteed because it requires
consideration and approval. by the CPUC, which will take at least six months after final action by the Council. If
that proposal receives CPUC approval, it could generate another $3.185 million per year for the City. Staff
recommends that, if approved by the Council and CPUC, the funds should be dedicated to badly needed and
under funded road and highway projects.
Item 14b.
Development of 70 Affordable Multi-family Apartments as Phase I of the South Mill Creek Mixed Use
Redevelopment Project. Units will be rented to households and families of low and/or very-low income. After
an extensive developer interview and review process, Chelsea Investment Corporation was selected to move
forward to the exclusive negotiation portion of the process. Staff is also recommending approval of the use of
$1,000,000 in HOME Investment Partnership funds to assist with actual predevelopment cost incurred and
construction financing for the apartments. The deal points for the project have been negotiated and
incorporated into a Disposition and Development Agreement, which will be considered by the Bakersfield
Redevelopment Agency on September 23, 2008.
Item 14c. Metropolitan Bakersfield Regional Transportation Impact Fee, Phase IV. Every five years or so, it is
necessary to update the Traffic Impact Fee schedule for the City and County for Metropolitan Bakersfeld.
Rapid growth, changes in construction prices, and other modified circumstances are additional reasons that an
update is needed.
September 17, 2008 Agenda Highlights
Page 2
Since February, staff and the Planning and Development Committee have been meeting with impacted parties
to answer questions, take input, and in many cases, evolve the proposal in light of comments received. One
primary "evolution" was to reduce the full fees to a 90% level to promote economic recovery for aone-year
period. If the Council wishes to, a year after adoption, another year could be added.
Other adaptations to comments received have included changes to the Facilities List, some reduction in fees,
and a significant reduction in commercial fees from the original proposal. Many other ideas were explored
during the process as well.
A total of fourteen (14) sessions with impacted parties have taken place, and new questions continue to be
addressed on a daily basis.
Everyone is aware that increasing fees is painful, especially during difficult economic times. The fees,
however, must be brought up to date, both to generate the funding for growth and needed roads, and to
provide a credible defense against CEQA challenges to development.
The Planning and Development Committee, and staff, recommend approval.
Item l4d. Public Hearing to Consider a Resolution related to the Statewide Community Infrastructure Program
SCIP). The Califomia Statewide Communities Development Authority (CSCDA) is a joint powers authority
sponsored by the League of California Cities and the California State Association of Counties. SCIP was
instituted by CSCDA to allow owners of property in participating cities and counties to finance the development
impact fees that would be payable by property owners upon receiving development entitlements or building
permits.
The program has since been expanded to authorize financing of public capital facilities directly by the issuance
of tax-exempt bonds by CSCDA. CSCDA will impose a special assessment on the owner's property to repay
the portion of the bonds issued to finance the fees paid. The property owner will either pay the impact fees at
the time of permit issuance and be reimbursed from the SCIP bond proceeds when the SCIP bonds are
issued, or the fees will be prepaid to the City from the proceeds of the SCIP bonds. In this way, the City is
never at risk for the receipt of the impact fees. The City will not be a party to any delinquency or foreclosure
actions and the City will have no obligation to repay any of the debt issued by the CSCDA.
The proposed resolution authorizes CSCDA to accept applications from owners of property within our planning
jurisdiction to apply for tax-exempt financing through SCIP. It also authorizes CSCDA to form assessment
districts within our city's boundaries, conduct assessment proceedings and levy assessments against the
property of participating owners. It approves the form of an Acquisition Agreement, if applicable, to provide the
terms and conditions under which financing for public capital facilities will be provided and to establish the
procedure for disbursement of bond proceeds to pay for completed facilities. It also authorizes miscellaneous
related actions and makes certain findings and determinations required by law.
This action is proposed to give developers an infrastructure financial alternative since, due to delinquencies on
special assessment districts, the.City has stopped creating them until circumstances improve.
Approved:
Rhonda Smiley, Assistant to the City Manager / PIO
cc: Department Heads
City Manager's File
City Clerk's Office
News Media File
September 17, 2008 Agenda Highlights
Page 3
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ADMINISTRATIVE REPORT
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MEETING DATE: September 17, 2008 AGENDA SECTION: Workshop
ITEM: ~~. C~.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 4, 2008
APP OVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Status of Thomas Road Improvement Program (TRIP) Projects (Various Wards).
Staff will provide a brief update on TRIP and other Major Transportation Projects throughout the City.
(kpb)
September 5, 2008, 9:41AM
G:\GROUPDAl1ADMINRPT\2008\09-1 TStatus of Transportation Projects.doc
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MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~, ~ ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerl~
September 4, 2008
CITY MANAGER
Approval of minutes of the September 3, 2008 Regular Council Meeting.
APPROVED
DEPARTMENT HEA~~ I~"Cr
CITY ATTORNEY,
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~o ,(',
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: September 5, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from August 22, 2008 to September 4, 2008 in the
amount of $20,555,322.76 and Self Insurance payments from August 22, 2008 to
September 4, 2008 in the amount of $179,089.99.
RECOMMENDATION:
Staff recommends approval of payments totaling $20,734,412.75.
BACKGROUND:
RAR
September 4, 2008, 1:58PM
S:\RichardlAPW DM I NEAP. doc
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~/, C- ,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: August 28, 2008
PPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER _
SUBJECT: First reading of an ordinance and amending Section 17.06.020 (Zone Map No. 122-12)
of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from
P.U.D. (Planned Unit Development) to R-1/P.U.D. (One Family Dwelling/ Planned Unit
Development) on 93.55 acres located at the northeast comer of White Lane and South
Allen Road (ZC # 08-0594 -McIntosh and Associates representing Castle and Cooke
Development) (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On July 17, 2008, the Planning Commission held an advertised public hearing on this zone change
request, and recommended adoption by the City Council. The request consists of changing the zoning
from P.U.D. (Planned Unit Development) to R-1/P.U.D. (One Family Dwelling/ Planned Unit
Development) on 93.55 acres. The reason for the request is to allow the developer the opportunity to
modify the project's design by eliminating most of the alleys within the original subdivision (recorded
Tract Map 6223) and increase lot sizes. Additionally, the amount of park/open space would be reduced
by 1.7 acres (but still 6.2 acres above city minimum), and the number of lots reduced from 242 to 224.
Six residents of the subdivision spoke in opposition to the project at the Planning Commission hearing.
Their concerns were that the elimination of the alleys would increase traffic and parking on the interior
streets, property values would decrease as the unique design of the project would be diminished
negatively affecting the character of the existing neighbofiood, larger lots would negatively affect
property values, and that the new architectural style with front-loaded garages and driveways to the
street would lessen the neighborhood's walkability.
In addition to the applicant and project engineer, the Commission also heard from two people in support
of the changes. An existing resident stated that the increased lot sizes would attract more buyers and
increase property values. These comments were also echoed by a real estate professional that
markets homes in the area.
The proposed design continues to remain consistent with incorporating many elements of °new
urbanism", which includes detached sidewalks, green space throughout the subdivision, intemal parks,
street trees, and traffic calming features. The project will remain a gated community and all intemal
streets, parks, and landscaping will be privately maintained.
TJ/S:IDanaIADMINS120081Sept19-17 08-0594 ADMINFORM 1 read TJ.doc
August 27, 2008
ADMINISTRATIVE REPORT
The project area is designated LR (Low Density Residential) under the Metropolitan Bakersfield
General Plan. The proposed zone change will result in providing zoning that permits flexibility to
accommodate the revised design of the project site, while maintaining the "new urbanism" concept.
The zone change is compatible with the property's Low Density Residential land use designation. The
purpose for the proposed zone change is to satisfy Condition No. 24 of VTTM 7161, which require the
site zoning be changed to R-1/P.U.D. (One Family Dwelling/ Planned Unit Development) prior to
recordation of any final map.
Pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the
original project (Tract 6223) of the subject property and a Negative Declaration was adopted on
November 20, 2003. In accordance with CEQA section 15162, no further environmental documentation
is necessary because no substantial changes to the original project are proposed, there are no
substantial changes in circumstances under which the project will be undertaken and no new
environmental impacts have been identified. Mitigation measures from the related project have been
included in the attached conditions of approval (Condition No. 6-10).
Staff recommends first reading of the zone change.
TJ / S:IDanaIADMINS120081Sept19-17 08-0594 ADMINFORM i read TJ.doc
August 27, 2008
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent
ITEM ~, d .
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: August 28, 2008
SUBJECT: Property Abatements
APPROVED
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 authorize collection of the assessments by the
Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on September 8, 2008, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures
which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste
matter. The property owners were notified and failed to comply with the notices to abate such public
nuisance. After a hearing duly noticed and held before the Building Director, the Director issued
orders requiring the property owner to abate the public nuisance. The subject properties are listed as
follows:
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
1. 1030 Bank Street 010-221-24 $ 525.00
2. 1000 Dr. Martin Luther King Jr. Blvd 018-032-02 $ 1,300.00
3. 14 Kincaid Street 018-170-07 $ 650.00
4. 20 Kincaid Street 018-170-06 $ 855.00
5. 5101 Magic Avenue 143-263-03 $ 575.00
September 3, 2008, 11:02AM
S:\DanaWDMINS12008\Sept\9-17-Property Abatements C_E.doc
ADMINISTRATIVE REPORT Page 2 of a
PROPERTY LOCATION APN COST
Ward 1/Coun~ilmember Irma Carson
6. 306 Ohio Drive 169-070-22 $ 500.00
7. 229 T Street 010-051-04 $ 494.00
8. 5323 Trabuco Canyon Drive 173-553-01 $ 524.00
9. Vacant lot north of 400 Brundage Lane 010-032-21 $ 475.00
10. 1205 3`~ Street 010-230-38 $ 625.00
Ward 21Councilmember Sue Benham
11. 312'/z G Street 008-292-12 $ 460.00
12. 3505 M Street 120-120-06 $ 725.00
13. 201 Monterey Street 014-180-19 $ 1,050.00
14. 725 Pacific Street 013-270-21 $ 475.00
15. 1717 23ro Street 003-132-07 $ 644.00
Ward 3/Councilmember Ken Weir
16. 5816 Highlander Street 438-135-11 $ 550.00
17. 8305 Maple Grove Lane 451-533-22 $ 500.00
18. 2505 Puder Street 134-433-15 $ 675.00
19. 4113 Ridgemoor Avenue 146-112-07 $ 625.00
20. 8421 Rockport Drive 494-06405 $ 500.00
Ward 4/Councilmember David. Couch
21. 13404 Providence Place 495-360-02 $ 500.00
Ward 5/Councilmember Harold. Hanson
22. 10715 Prairie Stone Place 394-523-15 $ 530.00
Ward 6/Coucilmember Jacauie Sullivan
23. 5621 Greenhorn Mountain Court 498-283-06 $ 774.00
24. 916 Hogan Way 194271-07 $ 574.00
25. 3809 Sweet Water Street 403-191-02 $ 589.00
Ward 7/Councilmember Zack Scrivner
26. 7214 Arbor Forest Court 515-342-13 $ 594.00
27. 2020 Auberry Avenue 372-392-07 $ 400.00
28. 4504 Coral Reef Court 515-132-23 $ 674.00
September 3, 2008, 11:OOAM
S:\DanaWDMINS\2008\Sept\&17-Property Abatements C_E.doc
ADMINISTRATIVE REPORT
Page 3 of 3
PROPERTY LOCATION APN COST
Ward 7/Councilmember Zack Scrivner
29. 2800 Grand Haven Lane 515-692-05 $ 544.00
30. 1317 Hub Avenue 025-113-14 $ 765.00
31. 3613 Teal Street 405-223-12 $ 300.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
September 3, 2008, 11:OOAM
S:\DanaWDMINS12008\Sept\9-17-Property Abatements C_E.doc
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: L{, ~,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: August 24, 2008
APPR VED
DEPARTMENT HE
CITY ATTORNEY
CITY MANAGER ~'
SUBJECT: Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 591 consisting of
80.27 acres, located generally north of Brimhall Road, east of Rudd Avenue, on
the south side of Palm Avenue. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the
City of Bakersfield identified as Annexation No. 591 consisting of 80.27 acres, located generally
north of Brimhall Road, east of Rudd Avenue, on the south side of Palm Avenue.
The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary.
The property owner has consented to annexation. The proposal is to annex the land for
development purposes and 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 Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
DL:dc
S:\Annexation\Res of ApplicWdm 08Wdmin Draft 591.doc
MEETING DATE: September 17, 2008 AGENDA ECTION: Consent Calendar
ITEM: `~-f'
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ~5
DATE: September 2, 2008 CITY ATTORNEY Qr'
CITY MANAGER 1~.~
SUBJECT: Purchase of Landscapeforms Decorative Benches.
1. Resolution determining that Landscapeforms decorative benches cannot be
obtained through the usual bidding procedures and authorizing the Finance Director
to dispense with bidding therefore, not to exceed $182,000.00.
2. Approve the purchase of decorative benches from Landscapeforms in the amount of
$182,000.00.
RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the purchase.
BACKGROUND: On April 9, 2008 Council adopted the sole source resolution and approved the
purchase of thirty six (36) decorative benches for the beginning phase of the Mill Creek Linear Park
project. To complete the Mill Creek Linear Park project with the preferred, committee selected bench, it is
necessary to purchase an additional seventy six (76) decorative benches manufactured by
Landscapeforms. Funds for the purchase are available in the 2008-2009 Adopted Budget.
Purchasing Division
S:~PURCHWDMINWIiII Creek Decorative Benches Sole Source, September 17, 2008.doc
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: p
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
September 3, 2008
Purchase of Decorative Street Lights for 34~' Street Streetscape
1. Resolution determining that decorative street lights cannot be obtained through the
usual bidding procedures and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $55,000.00.
2. Approve the purchase of decorative street lights from Consolidated Electrical
Distributors, Incorporated, Bakersfield in the amount of $54,618.00
RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the purchase.
BACKGROUND: City staff has promised Memorial Hospital to complete the 34~' Street Streetscape
project by December 15, 2008. A committee from Memorial Hospital provided input to City staff on August
29, 2008 for a preferred decorative street light. The manufacturer of the selected street light requires a
minimum of twelve weeks production time. Street lights must be delivered by December 1, 2008 to allow
for installation and to meet the completion date. City staff has contacted four suppliers of the street lights
and Consolidated Electrical Distributors, Incorporated, Bakersfield has provided the lowest price of
$54,618.00 and will ensure delivery by December 1, 2008. Staff recommends adoption of the resolution to
dispense with usual bidding procedures and approve the purchase of decorative street lights for
completion of the 34~' Street Streetscape project.
APPROVED
DEPARTMENT HEAD //
CITY ATTORNEY /~~ _
CITY MANAGER ~C,s
Purchasing Division
S:WURCHWDMIMDecorative St Lights for 34th St Streetscape, Dispense w-bidding, September 17, 2008.doc
Faw.m,;;
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MEETING DATE: September 17, 2008 AGENDA h TION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: William R. Rector, Police Chief
DATE: September 5, 2008
SUBJECT: RADIO IP PROJECT
APPROVED
DEPARTMENT HEAD i
CITY ATTORNEY
CITY MANAGER ~_
A resolution determining that a secure source of communication between police
mobile data computers, the communications center and the records management
system (Versaterm) cannot be reasonably obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with bidding therefore
and purchase one data transfer system from Radio IP, Inc., not to exceed
$310, 000.00.
2. Independent Contractor's Agreement with Radio IP, Inc. for Radio IP Software to
provide the Bakersfield Police Department Mobile Data Computers the ability to
communicate over cellular data networks in the amount not to exceed $310,000.
3. Appropriate $738,500 from the Equipment Replacement Fund Balance to the
Information Technology budget within the Equipment Replacement Fund for 211
replacement computers.
RECOMMENDATION: Staff recommends approval of the appropriation and adoption of the
agreement and resolution.
BACKGROUND:
This agreement provides for specialized software and hardware that will allow the BPD to transfer data
from the Communications Center and Records Management System to Mobile Data Computers
(MDCs) with cellular technology, while still supporting the current communications infrastructure
RDLAP (Radio Data Link Access Protocol). RDLAP will not be supported by Motorola as of 01/01/10.
Therefore, a new system must be in place to make sure MDCs remain functional. Funding for this
agreement is currently budgeted and the source of funding is State S.L. E.S.F. (Supplemental Law
Enforcement Services Fund). Also, as a separate but related item, we are appropriating $738,500 in
the Equipment Replacement Fund for the scheduled replacement of 211 existing computers.
History
Since the early 1990s, the Bakersfield Police Department has used a wireless Radio Data Link Access
Protocol (RDLAP) system to electronically transmit calls for service and critical information from the
Communication Center and Records Management System (Versaterm) to Police Officer's MDCs out in
the field. The RDLAP system works by transferring information from the Communications Center
\\citynas\homedirs\dbranson\BPDWDMIN RPTSWDMIN RPTS FY OS-09WDMIN RPT - (09-17-08) RADIO IP -revised 9-5-08 (final).doc
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through a system of four radio towers, the signal is then received through the modems installed in
each police car and accessed with MDCs. The RDLAP system will allow an officer to access
information through the MDC as long as it remains docked in the vehicle. The type of information able
to be transmitted through this system is limited only to text.
Need for Chan4e
There are several reasons why the RDLAP system must be updated or enhanced. The most important
reason is that, as of January 1, 2010, the RDLAP technology will no longer be supported by Motorola.
Without a secured and supported communication system, in the event of equipment failure, the Police
Department's MDCs could go offline for a period of days or weeks while replacement equipment is
located. Secondly, the RDLAP system alone will not support the newer technology to be used in the
Police Department's interoperability project, currently in development. The interoperability project will
require the use of cellular technology to transmit multiple formats of data at higher speeds and to allow
the MDCs to function properly without being docked in a vehicle.
The BPD has taken the lead role (among eleven participating agencies in Kern County) in developing
and hosting the interoperability project, also known as the Kern County Regional Data Exchange (KC-
ReDex). The goal of this project is to create a system that will receive RMS data from the participating
agencies in Kern County, warehouse the data in a shared server, then allow the sharing of information
(consensual contacts, vehicle descriptions, suspicious circumstance incidents, associate identification
and other important information relating to suspects they contact who reside in other jurisdictions)
within the Kern County Criminal Justice System.
In addition to system security and interoperable capability, enhancing the RDLAP system with cellular
technology has even more advantages. Our current system (RDLAP) limits Versaterm to only one
connection. The new system will empower Versaterm to check for multiple platforms and choose the
best most secure signal/speed to transmit information between the MDCs and the RMS. It will give
officers the ability to create photo line ups in the field, pull booking images for witnesses, complete
reports and send them while at a victim's home, access critical databases in the field as opposed to
returning to the stations to do follow up. Narcotics and Crimes Against Persons (CAP) investigators
will have the ability to take their MDCs with them anywhere they could get cellular service and maintain
access to our systems. If needed, MDCs could be tracked if this data were necessary for supervisory
needs or if a MDC were stolen.
Sole-Source
The City has invested a significant amount of resources into the RDLAP system. Therefore, any
solution that can provide the benefits of the new cellular/wireless technology, while still utilizing the
RDLAP system would be the best possible option to preserve the City's investment. There is only one
vendor, Radio IP, Inc., that offers a product solution that is compatible with Versaterm and that will co-
utilize the RDLAP system while providing a platform for the new cellular technology.
Fundin
Funds for this agreement are currently budgeted and the source of funding is State S.L.E.S.F.
(Supplemental Law Enforcement Services Fund).
Appropriation to Equipment Replacement Fund
This item includes an additional appropriation of $738,500 for the replacement of 211 Police MDC
systems with newer computers, which are scheduled for replacement. Funds are available in the
Equipment Replacement Fund for this purpose.
\\citynas\homedirs\dbranson\BPDWDMIN RPTSWDMIN RPTS FY 08-09WDMIN RPT - (09-17-08) RADIO IP -revised 9-5-08 (final).doc
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MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ ,
TO: Honorable Mayor and City Council APPROVED
FROM: William R. Rector, Police Chief DEPARTMENT HEAD
DATE: September 5, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Audio/Photo File Management System for the Bakersfield Police Department
Resolution determining that a digital file management system that stores and
manages both digital photo and audio files cannot be reasonably obtained through
the usual bidding procedures, and authorizing the Finance Director to dispense with
bidding therefore and purchase one Digital Information Management Systems
(DIMS) from Linear Systems, not to exceed $75,000
2. Independent Contractors Agreement with Linear Systems to purchase DIMS in the
amount of $71,657.54
RECOMMENDATION: Staff recommends adoption of the resolution and approval of the agreement.
BACKGROUND:
This agreement provides for specialized software and hardware that integrates digital photos and digital
audio file/transcription management in a central database. The software/hardware will provide the internal
controls, chain of custody security, and efficiency to meet Police evidence requirements. Funding for this
agreement is currently budgeted and the source is the State S.L.E.S.F. (Supplemental Law Enforcement
Services Fund).
Crime Scene Photograahv
Over the last three years the BPD has replaced all Polaroid and 35mm film cameras with digital cameras.
Digital cameras have been deployed to each Patrol Officer, Detective, Animal Control Officer and Crime
Lab Technician. The Crime Scene Unit processes approximately 100,000 crime scene photos per year.
To assure the authentication of crime scene images and to maintain the chain of custody, standard
protocols have been implemented in the BPD Policy Manual. These protocols have been adopted from
the "Guidelines for the Forensic Imaging Practitioner" of the Scientific Working Group of Imaging
Technology (SWGIT).
Currently, all photos are downloaded into the City's network by Crime Scene Unit personnel. After being
downloaded, the digital files are organized into case file folders and then transferred to a dvd for storage.
Each dvd is numbered and filed in the Crime Scene Unit. Photo information and the dvd numbers are
recorded with the case information in the Versaterm (Records Management System). To view a photo, an
officer will look up the dvd number in Versaterm then request to view pictures in the Crime Lab. Although
methodical, the current process does not provide the level of control, recommended by SWGIT, to assure
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the authentication of digital crime scene images. On several occasions digital images have been lost or
corrupted due to network failures. This level of control can only be obtained by a stand-alone digital
imaging management system. The market. supports many photo management systems (ie. Adobe,
Picasa, Spitfire, etc.). However none of these products meet the specifications necessary for a Police
Department Crime Scene Unit. The only adequate solution is the Digital Imaging Management System
(DIMS) from Linear, Inc. specifically designed for Law Enforcement.
The system is a stand-alone database, that will allow the BPD to have very tight controls over all photos
processed. The DIMS system will ensure that only authorized personnel have access to the system
through pass-word protection. Every action connected with each photo is recorded from download to its
appearance in court. Photos can be categorized and searched for easy retrieval.
Transcribing
The BPD is also in the process of changing from audio cassette to digital audio transcribing technology.
Currently, most officers dictate into a cassette recorder, while some have digital recorders. Dictation
contained on a cassette is physically routed to the Records Division where the cassettes are placed in the
queue wall slots to wait their turn to be transcribed. Dictation contained in an electronic file, must first be
downloaded into a computer, transferred to a cd, then transferred again to a cassette for transcribing. To
simplify this process and make it more efficient, the BPD will be going to an all digital transcription system.
With an all digital system, information is dictated into a digital recorder and saved in an electronic audio
format. These files are then uploaded into a database through a docking station, then electronically routed
to the Records Division where they will be transcribed from software on a trancriptionist's desk computer.
Sole Source
As the BPD began researching photo management systems and digital transcription systems, it was
initially assumed each type of application would require a separate system and a separate bid. However,
it became apparent that the storage/management and security requirements for each applications were so
similar that it made sense (fiscally and operationally) to seek out a system that would both manage digital
audio and photo files and provide the transcribing feature.
After twelve months of research, the BPD has determined there is only one law enforcement product,
DIMS by Linear Systems, Inc., that offers a digital information management system that can integrate both
digital audio and photo files, provide the mechanism for transcribing and ensure the automated chain of
custody tracking and authentication for digital evidence.
Fundin4
Funds for this agreement are currently budgeted and the source of funding is State S.L.E.S.F.
(Supplemental Law Enforcement Services Fund).
Page 2 of 2
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MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~, ` ,
TO: Honorable Mayor and City Council
FROM: John W. Stinson, Assistant City Manager
DATE: August 29, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 07-098 with Gregory B. Bragg & Associates for
assigning its interest to York Insurance Services for liability claims administration.
RECOMMENDATION:
Staff recommends approval of the Assignments.
BACKGROUND:
On March 28, 2007, the City entered into Agreement 07-098 with Bragg whereby Bragg provides
adjustment services on liability claims against the City. On July 18, 2007, the City entered into Agreement
07-098(1) which modified the rates charged by Bragg.
On July 1, 2008, Bragg was acquired by York Insurance Services, a national claims adjusting company.
The City agrees to allow Bragg to assign its interest in Agreement 07-098 and 07-098(1) to York. The City
is assured by Bragg that there will be no effect upon the level of services provided by Bragg or change in
the personnel assigned by Bragg to service the City's account.
(Typist's Initials lower case)
September 8, 2008, 3:23PM
S:\Ralph\BRAGG1Admin. Report--Contract Assignment doc.doc
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MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 2, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 04-380 with Dokken Engineering ($19,000; revised not
to exceed amount of $622,700) for additional engineering, construction documents, and
field work for the Allen Road Bridge over Kern River Project (Ward 4).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The City requested that Dokken Engineering (Design Consultant) complete additional
design and field work for the Allen Road Bridge over Kern River Project, which is still under construction.
The additional work required changes to the construction documents to reflect the newly constructed box
culvert at the Cross Valley Canal. Dokken also provided biology field surveys and reports for compliance
with amendments to our endangered species protection permits from the US Fish and Wildlife Service and
the California Department of Fish and Game. The amendment will increase the Design Consultant fee by
an additional $19,000. Therefore, the total not to exceed contract amount is $622,700. Sufficient funds
are budgeted to award this agreement.
(reb)
(T4K142)
September 3, 2008, 1:40PM
G:IGROUPDAl1ADMINRPT\2008\09-17\Allen Bridge Agmt Amend 2.doc
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: J,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 3, 2008
>APPROVED
'' ~,.
DEPARTMENT HEAD
CITY ATTORNEY p~
CITY MANAGER I~.J
SUBJECT: Amendment No. 2 to Construction Management Agreement 07-194 with Lim &Nascimento
Engineering Corporation ($66,896.00; revised not to exceed $368,896.00) for the project
known as White Lane at State Route 99 Eastbound to Southbound On-ramp
Reconstruction (Ward 7):
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: During the construction of the White Lane at State Route 99 Overcrossing Widening
and Interchange Improvement project (completed in 2005) it was discovered that some of the
improvements could not be built to meet current Caltrans standards without modifications to the eastbound
to southbound on-ramp. It is Caltrans policy to reconstruct the entire on-ramp to meet current Caltrans
Standards if the ramp is modified by an improvement project. This project reconstructs the Eastbound to
Southbound on-ramp to meet cun'ent Caltrans standards.
Due to unforeseen delays, the completion date for this project has been extended by approximately six
months. These delays were caused by the need to install additional irrigation, traffic signal, and lighting
systems required by Caltrans and discovered after construction began. This extension will also require
Construction Management Services, currently being provided by Lim and Nascimento Engineering
Corporation (LAN), for this period of time. This amendment will increase the compensation to LAN under
Agreement No. 07-194 by $66,896.00 for a total amount not to exceed $368,896.00.
September 8, 2008, 3:43PM
G:\GROUPDATWDMINRPT\2008\09-17\Amendment 2 LAN Agreement 07-194.doc
MEETING DATE: September 17, 2008 AGENDA_$ECTION: Consent Calendar
ITEM: ~-{ m ,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 10, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreements to purchase real property located on the east side of Mohawk Street south of the
BNSF railroad for the Westside Parkway. (Ward 4)
1. Kerminette S. Bonney for $23,821.26
2. Charles W. Bozarth and Anne Lane Bozarth, Trustees for $43,250.00
3. Charles B. Randall for $5,169.72
4. Marshall Plan, LTD for $21,625.00
5. Annetta C. Lee for $23,821.26
6. Optimists Boys Home and Ranch for $36,492.16
7. Judy Shultis Steffens for $9,478.09
RECOMMENDATION: Staff recommends approval of the agreements.
BACKGROUND:
The City of Bakersfield has been purchasing properties for the Westside Parkway for several years. The
property currently being acquired is owned by approximately 20 different parties each holding an separate
interest in the total property. The purchase price of each interest being acquired represents the fair
market value of that interest as established by an appraisal prepared by Randy K. Merriman, MAI. The
combined total of the interests of the six parties is approximately 20% of the property being acquired.
Currently Tricor Energy operates several oil wells on the property which will be impacted by the project. To
address these impacts the City and Tricor previously entered into Agreement No. 08-092. The agreement
sets forth the mitigation measures that were agreed to by the City offset the impact to their operations.
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS
Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of
properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General
Plan.
September 10, 2008, 10:45AM
P:\MyFiles\Admin Reports\Bonney, etal.doc
DMA/s
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~/, ,~ ,
TO: Honorable Mayor and City Council
FROM: John W. Stinson, Assistant City Manager
DATE: September 4, 2008
APPROVED
.~
DEPARTMENT HEAD
t ~`. ~.,~~~,~~
CITY ATTORNEY .'c- ~~/ 4~'~
CITY MANAGER
SUBJECT: Agreement with the County of Kern Regarding Annexation of the Fairgrounds Property.
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND:
Staff has been working with Kern County Supervisor Michael Rubio and his staff to annex a number of
County owned properties within the 5th Supervisorial district into the City of Bakersfield. These areas which
are contiguous to the City boundaries include portions of the Mt. Vernon Sanitation District; the Kern
County Fairgrounds and Armory; Belle Terrace Park; Kern Delta Park; Kern Medical Center; Juvenile Hall;
Heritage Park; Kern County Community Services Facility; and several county sumps. The County is not
opposed to the annexation of these properties. However, in regards to the annexation of the Fairgrounds
property there were several areas of concern expressed by the Kern County Fair Board (who lease the
facility from the County) and the Board of Supervisors. The Board of Supervisors indicated approval of
the annexation would be contingent on these issues being addressed by the City.
These items involved assurances from the City that revenue the County currently receives from satellite
wagering at the fairgrounds would continue to go to the County after annexation and that the City Police
Department not solicit or offer to provide security services to the Kern County Fair. Additionally, the City
offered as part of the annexation to the City, to make improvements to pedestrian crossings and some
curb and sidewalk improvements on streets surrounding the fairgrounds, which would bring the areas up
to city standards and improve public access to their facility. These improvements are estimated to cost
approximately $139,520 and would be required to be completed within 18 months of the finalization of the
annexation of the Fairgrounds. The Kern County Fair Board has submitted a letter in support of the
proposed annexation. City staff does not oppose any of the conditions requested by the County. The
proposed agreement addresses the County's concerns and was approved by the Board of Supervisors on
August 26, 2008.
Staff recommends approval of the proposed agreement related to the fairgrounds annexation.
EC:aI
S:Wdmin Rpts~2008V1DMIN RPT -Fairgrounds Annexation Agreement.doc
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MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: September 3, 2008
PPROVED
DEPARTMENT HEAD
W
CITY ATTORNEY
CITY MANAGER ,~_
SUBJECT: Agreement with Dresser Services, Inc. ($75,000.00) to provide on-call asbestos survey
report services for Capital Improvement Projects for Fiscal Years 2008-09 through 2010-11
(All Wards).
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: For the pasfi six years, the City has used an on-call asbestos survey consultant to
survey both property to be demolished and upgrades to. public buildings. In addition, the consultant may
monitor air quality within City buildings for the presence of asbestos containing materials. This agreement
will continue this practice through Fiscal Year 2010-11.
On July 2, 2008 the Notice to Certified Asbestos Consulting Firms was posted. Statements of
Quaycations (SOQ's) were due on August 8, 2008.
Two firms submitted SOQ's as follows:
Dresser Services, Inc.
P. O. Box 378
Bakersfield, CA 93302 (City)
Hazard Management Services, Inc.
4949 Buckley Way, #108
Bakersfield, CA 93309 (City)
After review of these SOQ's, staff found the firm of Dresser Services, Inc. to have the combination of
qualifications and schedule of fees which is most favorable for the City.
In addition, Dresser Services has been providing asbestos survey reports to the City for the past six years
and has provided excellent service on a timely basis. Therefore, staff recommends that the City enter into
a Consultant Contract with Dresser Services, Inc. for providing these on-call asbestos survey services.
Funding for the services will be paid through budgeted projects.
wgm
September 4, 2008, 12:16PM
G:\GROUPDATWDMINRPT\2008\09-17\On-Call Asbestos Survey Services.doc
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MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~, n
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD,
DATE: September 8, 2008 CITY ATTORNEY,
CITY MANAGER ~W
SUBJECT: Contract Change Order Nos. 4 - 14 to Agreement No. 07-193 with Griffith Company
($153,868.35; revised not to exceed $168,363.35) for the eastbound to southbound
on-ramp reconstruction on White Lane at State Route 99. (Ward 7)
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: During the construction of the White Lane at State Route 99 Overcrossing Widening
and Interchange Improvement project (completed in 2005) it was discovered that some of the
improvements could not be built to meet current Caltrans standards without modifications to the eastbound
to southbound on-ramp. It is Caltrans policy to reconstruct the entire on-ramp to meet current Caltrans
Standards if the ramp is modified by an improvement project. This project reconstructs the Eastbound to
Southbound on-ramp to meet current Caltrans standards.
Contact Change Order No. 4 provides for relocating a streetlight standard which will conflict with ramp
reconfiguration. The contractor has agreed to do this work for the lump sum price of $4,989.98.
Contract Change Order No. 5 provides for reconfiguring the existing drainage system to match the new
ramp configuration. The existing drainage outlet is lower than the planned inlet thereby necessitating the
construction of a bypass system and additional rock slope protection to provide for proper drainage and
erosion control. The contactor has agreed to do this work for the lump sum price of $17,848.55.
Contract Change Order No. 6 provides for installation of additional irrigation systems and controllers. A
portion of the irrigation system for this project, which was thought to be in place, was found to be missing.
This system is required by Caltrans and will need to be installed to support the landscape features of this
project. The contractor has agreed to install this portion of the irrigation system for the lump sum price of
$64,309.23.
Contract Change Order No. 7 provides for modifications to the structural section of the new on-ramp to
accommodate future expansion. The contractor has agreed to do this modification work for the lump sum
of $1,064.50.
Contract Change Order No. 8 provides for installing conduit and wiring for the irrigation booster pump.
This conduit and wiring, which was thought to be existing during the planning of the project, will need to be
installed in order to connect the booster pump to its power supply. The contractor has agreed to do this
additional electrical work for the lump sum price of $12,248.98.
September 8, 2008, 3:36PM
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Contract Change Order No. 9 provides for removal of existing asphalt concrete. During excavation
operations, the contractor encountered a large mass of buried asphalt concrete. This asphalt concrete is
in conflict with the new construction and must be removed. The contractor has agreed to remove and
dispose of this asphalt concrete for the lump sum price of $3,590.57.
Contract Change Order No. 10 provides for grading of earthen slopes. The slope of a dirt embankment
was discovered to be too steep and needs to be regraded in order to meet the minimum Caltrans
requirements. The contractor has agreed to do this work for the lump sum price of $1,051.50.
Contract Change Order No. 11 provides for additional electrical and lighting work. This work includes
relocating electrical conduit and wiring which is in conflict with the new guard rail. Caltrans is further
requiring installation of a larger "slip base" street light standard, as well as the installation of an additional
traffic signal standard. The contractor has agreed to perform this additional work for the lump sum of
$37,209.75.
Contract Change Order No. 12 provides for adjustment of utility splice boxes which were not shown on the
plans. The contractor has agreed to do this work for the lump sum price of $271.64.
Contract Change Order No. 13 provides for accelerating paving operations. This acceleration of the
paving operation was necessary in order to open the on ramp to the traveling public on the advertised date
of May 5, 2008. This required the contractor to obtain paving materials from a different source at a higher
cost. The contractor has agreed to accept a lump sum price of $8,826.19 for accelerating this work.
Contract Change Order No. 14 provides for additional traffic channelization devices to enhance safety,
additional paving to enhance proper drainage, and clean up of water and mud generated by a break in the
existing irrigation system. The contractor has agreed to accept a lump sum of $2,457.46 for these items of
additional work.
The net cost increase of Change Order numbers 4 through 14 is $153,868.35. This provides a total cost
increase of $168,363.35 (which is an increase of 9.2% of the original contract amount) as illustrated
below:
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
_ $1, 828,105.00
_ $1,996,468.35
_ $ 168, 363.35
September 8, 2008, 3:34PM
G:\GROUPDATWDMINRPT\2008\09-17\CCOs 4-14 White Ln at Hwy 99 On Ramp.doc
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MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~-/ ,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: September 4, 2008
A1VP~PROV 'D
~V ~
DEPARTMENT HEAD
CITY ATTORNEY p~
CITY MANAGER /~
SUBJECT: Contract Change Order No. 21 to Agreement No. 07-304 with Security Paving Construction
($30,462.50 for a revised not to exceed amount of $29,443,829.64) for the State Route 178
and Fairfax Road Interchange Project (TRIP) (VNard 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route
178 at Fairfax Road and the extension of the freeway from 0.12 miles east of the Oswell Street
overcrossing to approximately 0.19 miles west of Morning Drive.
Change Order No. 21 provides for the installing of 545 meters of Temporary Railing (TypeK) along the
north side of the East Bound On and Off (F1 & F2) Ramps during Stage 3 construction and placing a
temporary crash cushion array at Station 204+70. This change order results in a net increase of
$30,462.50.
The net cost increase of Change Order No. 21 is $30,462.50. This provides a total cost increase of
$114,383.54 (which is a 0.3% increase from the original contract price) as illustrated below:
Current Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10
Amended Contract Agreement after Change Orders = $29,443,829.64
Net Increase to date = $ 114,383.54
Adequate state/federal funds have been previously budgeted to cover these additional costs.
Due to the size of the exhibits to this agreement, they are on file in the City Clerk's Office for
review.
S:\1 -TRIP PROJECTS\13 - SR178 at Fairfax Road\550 -Construction\550C- Change OrdersWdmin Rpt CCO 21 Fairfax Interchange Project -.doc
~ •
ADMINISTRATIVE REPORT
~~
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~-(, r^~
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 3, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Accept bid and award contract to Griffith Company ($230,949.00) for Street Improvements:
Right Turn Channelization on Mt. Vernon Avenue at State Route 178 (Ward 3).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of constructing a right turn deceleration lane on northbound Mt.
Vemon Avenue at State Route 178 Eastbound on-ramp. This project also includes modifications to the
landscaping, irrigation system, new curb and gutter, sidewalk, pavement markings and striping, relocation
of existing traffic signal, and detector loops. This project is predominantly funded with federal Congestion
Mitigation and Air Quality (CMAQ) funds. The local match is funded by Gas Tax revenue. The Engineers
Estimate for this construction contract was $283,000. There are sufficient funds in the project account to
award this contract.
On August 20, 2008, three acceptable bids were received as follows:
Griffith Company
1898 South Union Avenue in the amount of $230,949.00
Bakersfield, Ca 93307 (City)
Granite Construction Company
585 West Beach Street in the amount of $236,134.00
Watsonville, Ca 95076
DreamBuilder
1361 Garten Drive in the amount of $270,509.00
Placentia, Ca 92870
PWIDesign Engineering/NSG (T8K120)
September 3, 2008, 4:29PM
G:\GROUPDATWDMI NRPTWDMINFORM.doc
A
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ADMINISTRATIVE REPORT
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ~ 5 ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD,
DATE: September 3, 2008 CITY ATTORNEY
CITY MAN
SUBJECT: Accept bid and award contract to Belaire-West Landscape, Inc. ($518,893.00) for the
construction of the Streetscape Improvements on 34th Street from "Q" Street to Union
Avenue (Ward 2).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This Administrative Report awards Phase 1 of a larger scaled project identified as
"Streetscape and Median Island Improvements at 34th Street". Phase 1 includes the area from "Q" Street
to Union Avenue.
This project ties to the City Council's goal to "encourage and support redevelopment and neighborhood
improvements in Southeast Bakersfield and on 34th Street area between Chester Avenue and Union
Avenue by providing streetlights, street repairs, and median island landscaping and streetscapes".
The funding source for this project is Community Development Block Grant (CDBG) funds. The
Engineer's Estimate was $638,640. Sufficient funds are budgeted to award this bid.
On August 27, 2008, four acceptable bids were received as follows:
Belaire-West Landscape, Inc.
7671 Walnut Ave
Buena Park, CA 90620 in the amount of $518,893.00
Griffith Company
1898 So. Union Ave.
Bakersfield, CA 93307 (City) in the amount of $586,283.00
V. Lopez Jr. 8~ Sons, Inc.
200 E. Fesler #101
Santa Maria, CA 93454 in the amount of $606,159.20
Nicholas Construction, Inc
1975 Airport Dr.
Bakersfield, CA 93308 (City) in the amount of $628,084.87
(tma)
cn-c, 21 ~
September 3, 2008, 1:11 PM
G:IGROUPDAl1ADMINRPTWDMINFORM~34'" Street Streetscape.doc
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~, ~ ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director DEPARTMENT HEAD
September 5, 2008 CITY ATTORNEY
CITY MANAGER ~
Traffic Signals and Lighting System Installation on Auburn Oaks Drive and Fairfax Road
(Ward 3):
1. Accept low bid and award contract to A-C Electric Company ($131,295.00).
2. Appropriate $40,000 Transportation Development Fund balance to the Public Works
Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of
appropriation.
BACKGROUND: This project will include the installation of new traffic signals and lighting systems at
Auburn Oaks and Fairfax Road. The installations will primarily control traffic at the intersection to allow
safe crossing for postal vehicles. In addition, the project will provide traffic signal synchronization and
upgraded handicap ramps and will also re-configure existing striping and pavement markings. The
Engineer's Estimate for this project was $100,000.
Three acceptable bids were received on Monday, August 11, 2008, as listed below:
A-C Electric Company $131,295.00
315 34~' Street
Bakersfield, CA 93301 (City)
2. Loop Electric, Inc. $164,193.50
7040 Downing Ave.
Bakersfield, CA 93308 (City)
3. Woeste Electric, Inc. $154,963.55
950 Excel Way
Arroyo Grande, CA 93420
An additional appropriation of $40,000 is needed to award this contract and cover miscellaneous costs
such as potential change orders, materials testing, and construction inspection services.
September 5, 2008, 7:51AM
G:\GROUPDATIADMINRPT\2008\09-17Wuburn Oaks Admin.doc
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar '~,
ITEM: r{, u
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
September 2, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Accept bid from Mid-State Precast, LP ($106,123.88) for precast weir panels for Mill Creek
Linear Park Project Phases 4 & 5. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of the bid for precast weir panels for Mill Creek
Linear Park Project Phases 4 8 5.
BACKGROUND: Invitations to Bid were sent to over three hundred (300) suppliers for precast weir panels
for Mill Creek Linear Park Project Phases 4 & 5. Three (3) bids were received in response to solicitation
and are as follows.
BIDDER AMOUNT
Mid-State Precast, LP $106,123.88
Corcoran, Califomia
Code Precast Products, Incorporated $172,549.16
Shaffer, Califomia
Structure Cast $178,035.00
Bakersfield, Califomia
Staff finds the low bid to be acceptable and recommends award of the bid to Mid-State Precast, LP,
Corcoran, Califomia in the amount of $106,123.88.
Purchasing Division
S:IPURCHWDMINUNIiII Creek Precast Weir Panels, 08-09-07, September 17, 2008.doc
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: '-~, `,/,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
September 2, 2008
Accept bid from Lortz Manufacturing ($203,862.95) for miscellaneous metal fabrication for
weir construction for Mill Creek Linear Park Project Phases 4 & 5. (Ward 2)
APPROVED
DEPARTMENT HEAD ~/ _
CITY ATTORNEY ~,_
CITY MANAGER
RECOMMENDATION: Staff recommends acceptance of the bid for miscellaneous metal fabrication for
weir construction for Mill Creek Linear Park Project Phases 4 8~ 5.
BACKGROUND: Invitations to Bid were sent to over two hundred (200) suppliers for miscellaneous metal
fabrication for Mill Creek Linear Park Project Phases 4 & 5. Due to required guaranteed delivery
requirements, only one (1) bid was received in response to solicitation. Staff finds the bid from Lortz
Manufacturing, Bakersfield, in the amount of $203,862.95 to be acceptable and recommends award of the
bid for miscellaneous metal fabrication for weir construction.
Purchasing Division
S:\PURCHWDMIMMiII Creek Misc Metal, 08-09-08, September 17, 2008.doc
MEETING DATE: September 17, 2008 AGENDA~ECTION: Consent Calendar
ITEM: ~ ~
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
September 2, 2008
APPROVED
DEPARTMENT HEAD .~/~
CITY ATTORNEY
CITY MANAGER
Accept bid from Structure Cast ($427,927.50) for precast .bridge arch units for Mill Creek
Linear Park Project Phases 4 8~ 5. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of the bid for precast bridge arch units for Mill
Creek Linear Park Project Phases 4 & 5.
BACKGROUND: Invitations to Bid were sent to over three hundred (300) suppliers for precast bridge arch
units for Mill Creek Linear Park Project Phases 4 8~ 5. Three (3) bids were received in response to
solicitation and are as follows.
BIDDER AMOUNT
Structure Cast $427,927.50
Bakersfield, California
Mid-State Precast, LP $438,652.50
Corcoran, Califomia
Contech Bridge Solutions, Inc $440,749.24
Stockton, California
Staff finds the low bid to be acceptable and recommends award of the bid to Structure Cast, Bakersfield,
California in the amount of $427,927.50.
Purchasing Division
S:IPURCHWDMIMMiII Creek Precast Bridge Arch Units, 08-09-10, September 17, 2008.doc
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ADMINISTRATIVE REPORT
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LIFO
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~, k
TO
FROM
Honorable Mayor and City Council
Javier Lozano, Human Resources Manag r ~ EPARTMENT HEAD,
DATE: August 27, 2008 CITY ATTORNEY /~
CITY MANAGER
SUBJECT: Revised Job Specifications: Construction Superintendent #88460
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Public Works Director is requesting that Construction Superintendent job specification be revised to
make the minimum qualifications consistent with other Superintendents which included adding a college
degree requirement, supervisory experience and background in the engineering construction field.
Because of the difficulties recruiting for this type of specialized position, the Professional Engineer and
Land Surveying requirements are now classified as desirable.
The job specifications have not been amended since 1985. Some additional language was changed
and/or added to update the essential job duties and distinguishing characteristics.
There is no budgetary impact as the salary will remain the same. The revised job specifications were
presented to the Miscellaneous Civil Service Board and approved at their August 19, 2008 meeting.
APPROVED
(cc)
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~„
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: September 5, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p~ ~L~Z/Yls
CITY MANAGER, /~
SUBJECT: Grant of temporary construction easement to Southern California Gas to relocate a natural
gas pipeline adjacent to Mohawk Street extended. (Vlfard 4)
RECOMMENDATION: Staff recommends approval of grant of temporary construction easement.
BACKGROUND:
It will be necessary for the Southern California Gas Company to relocate a 6" natural gas line to facilitate
construction of the Westside Parkway. The City has agreed to grant Southern California Gas Company a
temporary construction easement over City property to allow them to relocate their pipeline.
September 5, 2008, 11:24AM
P:\MyFilesWdmin ReportslPGE CBK45.doc
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RATIVE REPORT
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MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~{, ~..
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: September 5, 2008
OVED
DEPARTMENT HE ~{x
CITY ATTORNEY
CITY MANAGER
SUBJECT: Department of Housing & Urban Development HUD, HOME Investment Partnership Action
Plan Amendment No. 2 (FY08/09), Amendment No. 4 (FY 07/08), Amendment No. 7 (FY
04/05), Amendment No. 8 (FY03/04), and Amendment No. 12 (FY00/01 ). (Wards All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Economic and Community Development staff is proposing to transfer $560,000 in HOME Investment
Partnership (HOME) program savings from various projects to the Taylor Street Condos Downpayment
Assistance Program. This program has 19 pre-approved low-income qualified buyers for the remaining
units. Escrow's with the City's assistance should close by the end of December 2008.
In compliance with HUD regulations, any significant change or addition to the approved CDBG or HOME
annual plan must undergo an amendment process which includes obtaining citizen views and comments
on the proposed change for a period of 30 days. A notice was published on April 14, 2008 requesting
comments and to date no comments have been received.
Staff is proposing the following amendments to CDBG/HOME activities:
1) Cancel Montecito Villa Downpayment Assistance (project is complete) in the amount of $200,000
for downpayment and closing cost assistance at 3600 O Street. (Ward 2)
2) Reduce New Construction Assistance in the amount of $156,050 for development assistance
associated with acquisition and/or construction of affordable housing. (Wards All)
3) Cancel Single-Family Rehab Loan Program (program canceled) in the amount of $74,849 for
housing loans for rehabilitation ofsingle-family dwellings for low-income persons. (Wards All)
4) Cancel Housing Urban Bakersfield -Downpayment Assistance in the amount of $110,000 for
downpayment and closing cost assistance for low-income buyers in Downtown, Southeast
Bakersfield and Old Town Kern-Pioneer Project Areas.
S:Wdmins\City Council\City Council Admins 2008\action plan amendment 09-17-2008.doc
9/5/200811:39 AM
ADMINISTRATIVE REPORT
Page 2
5) Cancel Lead Based Paint Testing and Mitigation in the amount of $19,101 for testing and removal
of lead based paint for qualified tow-income residents. (Wards All)
6) Add Taylor Street Condos Downpayment Assistance in the amount of $560,000 for 0% loans up to
$40,000 for downpayment and closing costs assistance for low-income families to purchase homes
at 609 Taylor Street. Loans will have a 15-year affordability period with the balance due and
payable in year 30.
S:Wdmins\City Council\City Council Admins 20081action plan amendment 09-17-2008.doc
9/5!200811:55 AM
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ADMINISTRATIVE REPORT
MEETING DATE: September 17, 2008 AGENDA SECTION: Closed Session
ITEM: ,~ ~~ ,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: September 9, 2008
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY w~
CITY MANAGERS
SUBJECT: Conference with Legal Counsel - Potenfia/ Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (One matter)
VG:Isc
S:\COUNCIL\CI SessWdmins\08-09\09-17-08.PotLit.doc
~,ovo~~
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ADMINISTRATIVE REPORT
c ~~.
LIFO
MEETING DATE: September 17, 2008 AGENDA SECTION: Presentations
ITEM: ~~ ~ , a
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
September 5, 2008 CITY ATTORNEY
CITY MANAGER
Presentation by Mayor Hall of Proclamation to Stacy Crooks and Jennifer Henry,
proclaiming October 2008 as "Paint the Town Pink Month" in Bakersfield.
APPROVED
DEPARTMENT HEA tt
RECOMMENDATION:
BACKGROUND:
Krt
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ADMINISTRATIVE REPORT
c ~ '°
LIFO
MEETING DATE: September 17, 2008 AGENDA SECTION: Presentations
ITEM: 1 ~ . b.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Mayor Harvey L. Hall
September 5, 2008
Presentation by Mayor Hall of Proclamation to Aaron Markovits, proclaiming October 2008
as "Disability Employment Awareness Month" in Bakersfield.
APPROVED
DEPARTMENT HEAD~~~~
CITY ATTORNEY '' l~/
CITY MANAGER ~C,b
RECOMMENDATION:
BACKGROUND:
Krt
MEETING DATE: September 17, 2008 AGENDA SECTION: Hearings
ITEM: J , ~ ,
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: September 5, 2008
SUBJECT: PG&E Gas and Electricity Franchise Renewals
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ,<"/`~~
CITY MANAGER /~
1. First Reading of Ordinance granting to PG&E a franchise for distributing electricity
within the City of Bakersfield.
2. First Reading of Ordinance granting to PG&E a franchise for distributing gas within
the City of Bakersfield.
RECOMMENDATION: Staff recommends first reading of the ordinances.
BACKGROUND:
Current franchises:
PG&E has franchises for electricity and gas with the City that have expired. The franchise provides for
payments to the City by PG8~E for use of City right of way to provide electricity and gas service as
provided by state law (state constitution and 1937 Act) and city charter. For the electricity franchise the
payments typically are made based on one-half percent (.5%) of the gross annual receipts from the sale of
electricity within the limits of the franchise. For the gas franchise the factor is one percent (1%) of the
gross annual receipts from the sale of gas. These payments are for PG&E's use of the public right of way
within the City, which typically is in or along our streets and roadways.
On January 20, 1958, the City Council granted Pacific Gas and Electric Company ("PG&E") franchises to
use, transmit, and distribute gas and electricity within the City of Bakersfield. The term of each franchise
was for a period of 50 years. The franchises expired on or about February 19, 2008.
PG&E requested in writing that the City Council extend the terms of the existing franchises for a period of
90 days in order to allow the parties to finalize and submit to the City Council new franchise ordinances.
On January 16, 2008, the Council passed a resolution extending the existing franchises, under the same
terms and conditions as exist now, for a period of 90 days (until May 19, 2008). On May 7, 2008, the
Council passed a resolution further extending the existing franchises, under the same terms and
conditions as exist now, for a period of 120 days (until September 19, 2008) so negotiations could
continue. At the August 20th City Council meeting, the Council again extended the term of the existing
franchises to December 18th or until adoption of the new franchise ordinances, whichever occurs first. City
Staff has continued to meet with representatives from PG&E regarding the renewal of their electrical and
gas franchises with the City.
September 5, 2008, 9:39AM
S:Wdmin Rpts12008~PG8~E Franchise Admin. 9-17-08a.doc
ADMINISTRATIVE REPORT
Renewal negotiations with PG&E:
The City of Bakersfield was interested in modernizing the electricity and gas franchises to reflect current
practices and requirements of utility franchisees and achieving the best utility franchise terms available.
Most cities within PG&E's service area receive 1 % of gross receipts with indeterminate terms for both their
electricity and gas franchises. Recently, there have been several franchise renewals by cities approved
by the California Public Utilities Commission (CPUC) which included an additional local surcharge beyond
the typical 1 %. Staff met with representatives of PG&E and discussed matching the franchise terms similar
to those received by other cities and other recent renewals. They indicated their willingness to match the
1 % franchise rate for electricity and gas with an indeterminate term similar to what other cities receive.
They also indicated a willingness to consider the surcharge similar to other recent franchise renewals.
Bakersfield would be PG&E's first city in its service territory to have a franchise surcharge similar to those
enacted by Santa Barbara and Ventura which are served by other utility companies. The surcharge would
have to be approved pursuant to CPUC guidelines and subject to approval by the CPUC which would at a
minimum take about six months. There would be no guarantee that the CPUC would agree to the
surcharge, even though they recently approved surcharges for other cities. Each surcharge request is
independent and subject to the CPUC's final determination.
PG&E also agreed that in exchange for an indeterminate term for the gas franchise they would advance
up to 5 years of Rule 20A undergrounding funds and set completion deadlines to accelerate the
undergrounding of PG&E facilities identified by the city. The City and PG&E will enter into a memorandum
of understanding which outlines the projects to be included in this effort and process for establishing
timelines for completion based on City priorities.
In addition to the items discussed above staff also reviewed the franchise agreements with regard to
clarifying language regarding PG&E's cooperation on performing work in the City right of way and timely
relocation of their facilities. Staff has incorporated new language which better identifies when PG&E
would be responsible to relocate their facilities at City request. Also included is clarification regarding
relocation of PG&E facilities for highway facilities transferred from the State to the City (such as Rosedale
Highway or State Highway 201) being included under the City's franchise and its relocation requirements.
Staff also asked about inclusion of a favored nation's clause to insure the City would receive franchise
terms similar to other cities. PG&E has indicated they would be able to include a clause that would
provide that PG&E would match any change to the 1937 Act which resulted in an increase in the
percentage paid based on gross receipts for the Bakersfield franchises.
Timins~:
The Charter provides for a process to renew these franchises. This item is the public hearing required by
the City Charter for the City Council to accept public comments regarding the proposed gas and electric
franchises with PG&E. Staff is recommending first reading of the proposed ordinances. The ordinances
would become effective 30 days following the second reading and adoption of the ordinances by the
Council. Some of the actions contemplated require subsequent action by the CPUC. It is anticipated that
such consideration and review would take a minimum of approximately six months to bring to conclusion.
It is important to note that actions subject to CPUC review are not assured of approval. Staff is preparing
a memorandum of understanding with PG&E which outlines undergrounding projects to be scheduled and
constructed by PG&E under the Rule 20A and the process for establishing timelines for completion based
on City priorities. This MOU will be included for approval when the ordinances return for second reading
should they proceed as recommended.
September 5, 2008, 9:39AM
S:Wdmin Rpts\2008\PG&E Franchise Admin. 9-17-08a.doc
ADMINISTRATIVE REPORT
Recommendation:
The 1 % for the gross annual sales of electricity and gas for an indeterminate term similar to what other
cities receive would be recommended by staff. This would bring the City in line with other cities in PG&E's
service area. This change would be implemented upon adoption of the franchise and additional revenues
would begin accruing at that point. It is estimated that implementation of these changes to the franchise
could result in approximately $1,524,595 in new General Fund revenue to the City from PG&E.
Staff also is recommending the City proceed with the application to the CPUC of an additional local
surcharge for electricity and gas franchises of 1 %. If a surcharge is enacted, staff would recommend that
it not be applied to those PG&E customers under the "CARE" program which is designed to assist low and
fixed income customers (similar to qualifications for CDBG). The surcharge, however, is subject to review
and approval by the CPUC which is estimated to take at least six months. Surcharge revenues would be
payable to the City in the month of April, following the calendar year of implementation. Approval of the
surcharge by the CPUC cannot be assumed since they have broad discretion over such increases. If
approved, the local surcharge would generate approximately $3,185,634 in new revenue. Staff
recommends that any additional surcharge revenues generated be earmarked for road and highway
projects since the purpose of the franchises is for PG&E's use of the City's right of way, which typically is
in or along city streets and roads.
September 5, 2008, 9:39AM
S:Wdmin Rpts\2008\PG8~E Franchise Admin. 9-17-08a.doC
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MEETING DATE: September 17, 2008 AGENDA SECTION: Public Hearing
ITEM:~~,_ ~ ,
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: September 4, 2008
APPROVED
DEPARTMENT HEAD f'
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider Resolution to authorize the Bakersfield Redevelopment Agency
to sell 3.8 acres of Real Property located at 1401 S Street for $660,000 to Chelsea
Investment Corporation for the development of 70 affordable multi-family apartments as
phase I of the South Mill Creek Mixed Use Redevelopment Project. (Ward 2).
1. Resolution approving the Sale of 3.8 acres of Real Property, located at 1401 S
Street by the Bakersfield Redevelopment Agency to Chelsea Investment Corporation
for $660,000.
2. Assignment Agreement with the Bakersfield Redevelopment Agency for the use of
$1.0 Million in HOME Investment Partnership Funds for constructing 70 affordable
multi-family units at 1401 S Street with Chelsea Investment Corporation.
RECOMMENDATION:
Staff recommends adoption of resolution, approval of sale of real property, and approval of the assignment
agreement.
BACKGROUND:
In September 2007 the Bakersfield Redevelopment Agency (Agency) received a $3,750,000 Section 108
Loan and a $750,000 Brownfield Economic Development Initiative Grant to assist with land acquisition for
the South Mill Creek Mixed-Use Redevelopment Project.
On January 31, 2007 the Agency authorized staff to solicit Requests for Statements of Qualifications and
Development Proposals for the South Mill Creek Mixed-Use Redevelopment Project. Over 70 nationally
and regional qualified developers were contacted. In November 2007, 4 proposals depicting a broad range
of development concepts from commercial, mixed-use retail, affordable rental and for-sale housing were
evaluated. In January of 2008, after an extensive developer interview and review process, Chelsea
Investment Corporation was selected to move forward to the exclusive negotiation portion of the process
to further discuss the construction of 70 affordable multi-family mid rise apartments.
J:WdminslCity Council\City Council Admins 2008\ChelseaAdmin917.08.doc
9/4/2008 1:47 PM
ADMINISTRATIVE REPORT Page 2
This project is the first of three phases within the South Mill Creek Mixed-Use Redevelopment Project. The
scope of the project consists of constructing four three-story buildings on 3.8 acres with approximately 70
units of affordable rental housing units, with 10 one-bedroom units, 24 two bedroom units, and 36 three-
bedroom units with an average square footage of 919 square feet. The apartment buildings will be garden
style walk-up buildings with an urban design. The project will also include a community building, half
basketball court, tot lot, and a passive recreation area with barbeques and picnic areas. Approximately 1.5
parking spaces will be provided for each apartment unit. A maximum of 11 of the HOME-assisted units
may be rented to low income persons at or below 60% of the area median income. All units of the project
will be rented to households and families of low and/or very-low income. In addition to the 69 rent
restricted units there will be a manager's unit constructed as part of the project that will not be rent
restricted.
Financing & Construction Timeline:
The deal points for the project have been negotiated and incorporated into a Disposition and Development
Agreement (DDA) which will be considered by the Bakersfield Redevelopment Agency on September 23,
2008. The DDA includes the sale of 3.8 acres of land by the Agency to Chelsea based on the appraised
fair market value of $660,000. Chelsea will pay the Agency $1.00 cash for the land at closing and execute
a Low-Mod Housing Fund Loan Promissory Note for the balance of the land sale price of $659,999.
Staff is recommending a $1,450,000 Low-Mod Housing Fund Loan to Chelsea to be used for off-site
improvements including impact fees, permit fees and utility hook-ups and on-site construction costs. In
addition, $1,000,000 in HOME Investment Partnership funds is recommended to assist with actual
predevelopment cost incurred and construction financing for the apartments. Chelsea will be obligated to
repay the Agency the Low-Mod Housing Fund Loans of $2,109,999 and the $1,000,000 HOME Investment
Partnership Loan by providing the Agency with a Promissory Note secured by a Deed of Trust for a term
of 55 years at 3% interest per annum from the date of the certificate of occupancy. The Promissory Note
shall be payable from 50% of the "Residual Receipts" of the housing project. Total City and
Redevelopment Agency assistance for this project is $3,110,000.
The City and Redevelopment Agency financial assistance is contingent upon Chelsea Investment
Corporation receiving an allocation of multifamily housing program (MHP) revenue bond financing at the
next two California Debt Limit Allocation Committee (CDLAC) allocation rounds and a 4% tax credit
allocation from the State of California Tax Credit Allocation Committee (TCAC) during the next two funding
allocation rounds in 2009. These tax credits are administered by TCAC to provide funding and to
encourage private investment in affordable rental housing for households meeting specific income
requirements which are 60% of median gross income or less. Construction is anticipated to begin by
March, 2009 with anticipated completion in March, 2010
1. Public Hearing
Pursuant to Section 33433 of the California Health and Safety Code, the Bakersfield City Council may,
after a duly noticed public hearing, authorize the Redevelopment Agency to sell or lease the property, for
development pursuant to the Southeast Area Redevelopment Plan upon a determination by the City
Council that the proposed consideration is not less than the fair reuse value of the Property, that the
disposition of the Property will assist in the elimination of blight, and is consistent with the implementation
plan adopted for the Southeast Redevelopment Project Area.
Under Redevelopment Law, Health and Safety Code Section 33433, whenever an agency disposes of
property acquired directly or indirectly with tax increment funds, the agency must sell the property for not
less than the fair market value at its highest and best use in accordance with the redevelopment plan, or at
J:1Admins\City Council\City Council Admins 2008\ChelseaAdmin917.08.doc
9/4/20081:47 PM
ADMINISTRATIVE REPORT Page 3
a price not less that the fair reuse of the proposed use and with the affordability covenants, conditions and
development costs authorized by the sale.
A summary report and reuse analysis prepared by Keyser Marston Associates is attached that reflects that
the Agency's sales price of $ 660,000 for the property is not less than the fair reuse value for the property
and with the required covenants and restrictions, and validated in the enclosed reuse analysis that is
based on the proposed use. The summary report and reuse analysis were available for public inspection
consistent with the requirements of Health and Safety Code Section 33433. In addition, the project will
not result in any significant effects relating to traffic, noise, air or water quality and therefore qualifies as
CEQA exempt under Section 15332 under Infill Development.
2. Assignment Agreement For Use of $1.0 Million HOME Investment Partnership Funds
This assignment agreement enables the Agency to administer the City's $1,000,000 HOME Investment
Partnership funds as part of the financing for the project. The Agency will agree to comply with all federal
statutes and regulations relating to the use of the HOME funds, including but not limited to, those
regulations contained in 24 CFR 92.206 and 24 CFR 92.206(a) and those relating to procurement of
contacts, prevailing wages and relocation. The assignment will also provide for increased efficiency in
administering the project and related financial transactions.
Conclusion:
Chelsea Investment Corporation is a California based company which has focused on the financing and
development of affordable housing. The company provides financial engineering, development, asset
management and property management services as well as legal and non-profit experience to its
development and investment partners and clients over the past 24 years. Chelsea has developed more
than 4,200 units of affordable housing projects at a cost of over $650 million, including inclusionary
developments, rural developments and special needs housing. Chelsea has developed over 1,700
inclusionary units in San Diego, Chula Vista and Carlsbad, at a cost of over $250 million. In addition they
have a successful track record in obtaining state and federal tax credits in California.
The apartments will be located in an area convenient to amenities, and transportation. The attractive
design will serve the family target population by providing much needed one, two, and three -bedroom
affordable units which are in great demand in the area. In addition, the project will improve a long-
standing blighted parcel of land within the Southeast Bakersfield Redevelopment Project Area.
J:WdminslCity CouncillCity Council Admins 2008\ChelseaAdmin917.08.doc
9/4!20081:47 PM
MEETING DATE: September 17, 2008 AGENDA SECTION: Hearings
ITEM: r , G
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 28, 2008
Metropolitan Bakersfield Regional Transportation Impact Fee, Phase IV (All Wards)
1. A Resolution of the City of Bakersfield Adopting the 2008-2035 Regional Transportation
Facilities List Phase IV, and adopting the nexus.
2. An Ordinance Amending Chapter 15.84 of the Bakersfield Municipal Code Relating to a
Transportation Impact Fee on New Development.
APPROVED
DEPARTMENT HEAD
' . ~'
CITY ATTORNEY ~.. ~r~ ~~;
CITY MANAGER
RECOMMENDATION: Staff and Planning ~ Development Committee recommends adoption of
resolution and give first .reading to the ordinance.
BACKGROUND: In 2007, after a period of unprecedented growth, City and County staff were instructed
to once again update the Metropolitan Bakersfield Transportation Impact Fee program to address a variety
of issues such as increased unit costs, changes in growth patterns, and the need to help fund the required
match for the Thomas Roads Improvement Program. The proposed General Plan update addresses
growth in the Metropolitan Bakersfield area through the year 2035, so this was chosen as the program's
horizon year. City and County staff have performed a comprehensive study of the planned growth and
have developed a transportation system to try to accommodate this growth and provide a funding
mechanism for this transportation network. New facilities that are required to maintain a LOS °C", or not
degrade the existing levels of service, have been added to the new Facilities List. Also included in the
new Facilities List are the matching funds for transportation projects in the Thomas Roads Improvement
Program (TRIP). This proposed fee includes the unfunded portion of the regionally significant projects
made necessary by new development.
There has been a significant amount of public input on this issue. Staff made a presentation of the
Transportation Impact Fee update process to the City Council on February 27. Since this presentation,
the Planning and Development Committee has met on this item 5 times, and there have been eight
meetings with the "stakeholders" -the Home Builders Association, the Board of Realtors, the Chamber of
Commerce, and various representatives of the commercial developers and others. A list of the meetings
held to date and future scheduled meetings was provided in the General Information memo dated August
29, 2008.
There are, of course, inherent differences of opinion between public officials and the development
community regarding the level of the fees. Public officials have identified a need for revenue to deal with
road system demand caused by growth, while development businesses must account for the costs
involved in pricing of residential and commercial properties. Despite that difference in perspective, efforts
have been made to listen and adjust the fee schedules and, where feasible and prudent, to make some
adjustments in response to comments.
The most persuasive comment made during the review of the previous draft pertained to the state of the
economy and the need for a recovery period prior to implementing the ultimate fee schedule. This position
was taken by both residential and commercial developers. The argument on the residential side,
realistically, has less merit than it does on the commercial side because, under State laws, vested maps
carry the old fees that were in place on the vesting date until and unless the map expires. The State
legislature just added a mandatory year of life to all vested maps. There are approximately 35,000 such
lots in Bakersfield.
Commercial properties generally do not have the "vested lot" advantage. Many have been "in process" for
along period of time with budgetary assumptions that could not predict the level of the new fees. The
"hardship" claim in these instances is real and could have meaningful consequences.
To adjust for these concerns, staff is recommending that the revised full fees be adopted but that, for one
year after adoption, an "economic recovery fee" level be put in place with a fee level at 90% of the full
amount. Despite the vested map issue, it is proposed for both residential and commercial schedules in
both the Core and the Non-Core areas. It provides a full year with an incentive to stimulate the economy
and bring projects to the building permit issuance stage. It would also be possible for the City Council to
add another "recover' year if, 12 months after adoption, the economy has yet to recover. The full fee
schedules will be implemented, and, absent additional Council action, will go into effect in one year.
The Facilities List includes $2 billion in transportation projects. This list has been able to be reduced due to
the $630 million earmark from former Congressman Thomas for the TRIP program. For single-family
homes, the initial fee presented was $14,490, for both the City and County. The new full fee is now
$13,595. The economic stimulus rate for the first year is $12,228.
On September 4, 2008, the City Council's Planning and Development Committee voted to approve the
fee.
The second reading of the ordinance will take place at the October 8, 2008 City Council meeting. The
ordinance, the new fee and the facilities list become effective 60 days after adoption by both jurisdictions.
The adoption of this fee will not affect any project, building or subdivision cun'ently being reviewed by the
City. The new Phase IV fee will only affect those projects, buildings and subdivisions that are started after
the effective date of the fee.
mps
MEETING DATE: September 17, 2008 AGENDA SECTION: Consent Hearings
ITEM: I ~/. d
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: August 25, 2008
APPROVED
DEPARTMENT HEAD /y~7
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider adoption of Resolution authorizing the City of Bakersfield to join
the Statewide Community Infrastructure Program (SCIP); authorizing the California
Statewide Communities Development Authority to accept applications from property
owners, conduct special assessment proceedings and levy assessments within the territory
of the City of Bakersfield; approving the form of acquisition agreement for use when
applicable; and authorizing related actions.
DATION: Staff recommends adoption of the resolution following a public hearing.
BACKGROUND: The Califomia Statewide Communities Development Authority (CSCDA) is a joint
powers authority sponsored by the League of Califomia Cities and the Califomia State Association of
Counties. The member agencies of CSCDA include approximately 337 cities and all 58 counties
throughout Califomia, including the City of Bakersfield (the "City"):
The Statewide Community Infrastructure Program (SCIP) was instituted by CSCDA in 2002 to allow
owners of property in participating cities and counties to finance the development impact fees that would
be payable by property owners upon receiving development entitlements or building permits. The
program has since been expanded to authorize financing of public capital facilities directly. If a property
owner chooses to participate, the selected public capital facilities and the development impact fees owed
to the City will be financed by the issuance of tax-exempt bonds by CSCDA. CSCDA will impose a special
assessment on the owner's property to repay the portion of the bonds issued to finance the fees paid with
respect to the property. With respect to impact fees, the property owner will either pay the impact fees at
the time of permit issuance, and will be reimbursed from the SCIP bond proceeds when the SCIP bonds
are issued, or the fees will be prepaid to the City from the proceeds of the SCIP bonds. In this way, the
City is never at risk for the receipt of the impact fees.
The CSCDA handles all district formation, district administration, bond issuance and bond administration
functions. The City will not be a party to any delinquency or foreclosure actions and the City will have no
obligation to repay any of the debt issued by the CSCDA.
The proposed resolution authorizes CSCDA to accept applications from owners of property within our
planning jurisdiction to apply for tax-exempt financing of public capital facilities and development impact
fees through SCIP. It also authorizes CSCDA to form assessment districts within our City's boundaries,
conduct assessment proceedings and levy assessments against the property of participating owners. It
approves the form of an Acquisition Agreement, attached to the resolution as Exhibit B, to be entered into
nks
S:WdminWdmin Reportslsdp bond hea~inp and reso sspt 17 2008.doc
August 26, 2008, 6:05i~N1
ADMINISTRATIVE REPORT
between the City and the participating property owner/developer, if applicable, to provide the terms and
conditions under which financing for public capital facilities will be provided and to establish the procedure
for disbursement of bond proceeds to pay for completed facilities. It also authorizes miscellaneous related
actions and makes certain findings and determinations required by law.
Attached to the resolution as Exhibit A is a "Form of Resolution of Intention to be Adopted by CSCDA°.
This is for informational purposes and does not require action by this Council.
nks
S:WdminlAdmin Reportslscip bond hearing and reso wept 17 2008.doc
August Z6, 2008, 6:05PM
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 3, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:16 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan (seated at 5:17 p.m.),
Scrivner
Absent: None
2. PUBLIC STATEMENTS
Councilmember Couch requested that two speakers be
allowed to speak at this time instead of waiting through
Closed Session.
Bill Denike thanked the Mayor and Council for their efforts
in making Bakersfield a good community.
Tom Russell spoke regarding the Kimberly Avenue
Annexation Project and submitted written material
regarding his concerns about the sewer system, and
requested that City Council petition LAFCO to call off the
annexation.
Councilmember Couch referred to staff the issue of the
City's practice regarding sewer connections and any
potentfal conflict wlth State Law.
Councilmember Couch referred to staff the feasibility of
extend/ng the payment time for hookfng up to the
sewer.
Councilmember Couch asked staff to provide clarity
regarding the timing on the annexation election.
3. WORKSHOPS
ACTION TAKEN
None.
4.
Bakersfield, California, September 3, 2008 -Page 2
CONSENT CALENDAR ACTION TAKEN
Minutes:
a. Approval of minutes of the August 20, 2008 Regular
City Council Meeting.
Payments:
b. Approval of department payments from August 8, ABS WEIR
2008 to August 21, 2008 in the amount of
$9,268,042.81 and self-insurance payments from
August 8, 2008 to August 21, 2008 in the amount of
$595,484.01.
Ordinances:
c. Adoption of Ordinance approving a Negative ORD 4529
Declaration and amending Title 17 (Zone Map No.
123-12) of the Municipal Code by changing the
zoning from P (Parking) to C-2 (Regional
Commercial) on 31,500 square feet located on the
south side of Ming Avenue, east of Castro Lane.
(ZC 08-0224) (Applicant: McIntosh and
Associates/Property Owner: General Growth
Properties, Inc.)
d. Adoption of Ordinance approving a Negative ORD 4530
Declaration and amending Title 17 (Zone Map No.
101-26) of the Municipal Code by changing the
zoning from E (Estate) to C-2/PCD (Regional
Commercial/Planned Commercial Development) on
6.72 acres and from C-2 (Regional Commercial) to
C-2/PCD on 8.28 acres located at the northwest
corner of Allen Road and Brimhall Road.
(ZC 07-2041) (Applicant: Porter &
Associate/Property Owner: Lone Palm Farms)
Resolutions:
e. Resolutions ordering judicial foreclosure of
delinquent assessments (544 parcels totaling
$216,170) for the following Assessment Districts:
1. AD 94-1 (Renfro/Hughes) RES 141-08
2. AD 94-2 (Gosford/White) RES 142-08
3. AD 96-1 (BII/SM/FW/CP) RES 143-08
4. AD 99-2 (Seven Oaks West) RES 144-08
5. AD 01-1 (Ming ~ Allen/Hampton Place) RES 145-08
6. AD 01-2 (Seven Oaks West II/River RES 146-08
Walk/Southem Oaks)
7. AD 01-3 (Mountain Vista/San Lauren) RES 147-08
8. AD 02-1 (Avalon/Belsera/Montaire/The RES 148-08
9. Woods)
AD 03-1 (Brighton Place/Silver Creek II) RES 149-08
Bakersfield, California, September 3, 2008 -Page 3
4.
CONSENT CALENDAR continued ACTION TAKEN
Item 4.e. continued
10. AD 03-2 (Buena Vista Ranch/Belsera RES 150-08
II/Montera II/Olive Park II)
11. AD 03-3 (Seven Oaks West III/Brighton RES 151-08
Place II/Fairway Oaks South/Cosmo)
12. AD 04-1 (Countryside/The RES 152-08
Homestead/Cherry Hill/Olive Park III) RES 153-08
13. AD 05-3 (Liberty II/Village Green/Tesoro-
Encanto/Lin/Rider/Diamond Ridge)
Resolution adding Area 4-86 (7001 Auburn Street) RES 154-08
to the Consolidated Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing collection
of assessments by the Kem County Tax Collector.
g. Resolutions adding the following territories to the
Consolidated Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
1. Area 1-85 (Tract 6794) RES 155-08
2. Area 3-79 (Panama, Gosford NW) RES 156-OS
3. Area 5-52 (Fairfax, E Wilson NW) RES 157-08
h. Resolutions adding the following territories to the
Trafi•ic Signal Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
1. Area TS-16 (White Lane, Buena Vista Road) RES 158-08
RES 159-08
2. Area TS-17 (Calloway, Sebeck NW)
Resolutions of Intention adding the following
territories to the Consolidated Maintenance
District and preliminarily adopting, confirming and
approving the Public Works Directors Report.
1. No. 1613 -Area 5-53 (Redbank, Glebe SW) RO/ 1613
RO/ 1614
2. No. 1614 -Area 5-54 (S Fairfax, Redbank
SE)
3. No. 1616 -Area 4-87 (Chester Ave E, RO/ 1616
Between 36~' 8 38"')
4. No. 1617 -Area 3-80 (Panama, Gosford RO/ 1617
SW)
5. No. 1618 -Area 5-55 (Panama, Cottonwood ROI 1618
SE)
6. No. 1619 -Area 5-56 (8601 S H Street)
ROI 1619
Bakersfield, California, September 3, 2008 -Page 4
4.
CONSENT CALENDAR continued ACTION TAKEN
Item 4.i. continued
7. No. 1620 -Area 5-57 (Massey, E Pacheco ROI 1620
NW)
Agreements:
Bakersfield Regional Transportation Impact Fee
Update Study:
Agreement with Parsons Transportation AGR 08-145
Group, Inc. ($55,000) for the preparation of
cost estimates derived from the analysis of
the Bakersfield Regional Transportation
Impact Fee Update Study.
2. Appropriate $55,000 Transportation
Development Fund balance to the Public
Works Department Capital Improvement
Budget.
k. Environmental Impact Report (EIR) for GPA/ZC No.
07-0655 (Bakersfield Gateway Project) located
along the east side of State Route 99 between
Hosking Avenue and Berkshire Road, west of South
H Street.
1. Amendment No. 1 to Agreement No. 07-299 AGR 07-299(1)
with Jones and Stokes Associates, Inc.
($45,401) for preparation of EIR.
2. Appropriate $45,401 (developer's
contribution) to the Development Services
Operating Budget in the General Fund for
preparation of EIR.
Amendment No. 1 to Agreement No. 07-349 with AGR 07-349(1)
Granite Construction Company ($5,000,000; revised
not to exceed $10,000,000) and extending the term
for one (1) year for street materials.
Bids:
m. Replacement (60) Touch Screen Toughbook
Computers:
Rescind bid award to Paradigm System
Solutions, Inc. ($221,659.65).
2. Award bid to Capital Datacorp
($271,413.78).
4.
5.
Bakersfield, California, September 3, 2008 -Page 5
CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
n. Reclassification of one (1) Clerk Typist II position to
Accounting Clerk II in the Telecommunications
Division of the Public Works Department.
o. Reclassification of one (1) Police Lieutenant position
to Assistant Chief of Police.
p. Appropriate $5,118 State Grant Revenues (CAL-
NMET) to the Police Department Operating
Budget within the General Fund toward the cost of
surveillance equipment.
q. Acceptance of State Farm Good Neighbor
Citizenship Grant ($3,850) and appropriate
$3,850 contribution to the Police Department
Operating Budget within the General Fund for
the purpose of purchasing car seats and educating
the community on proper use and installation of
child restraint systems.
r. City's position on 2008 League of California Cities
Resolutions.
Councilmember Weir announced he would abstain due
to conflict of interes>y source of income, on Item 4.b.
Councilmember Carson asked questions and Finance
Director Smith responded regardfng item 4.e.
Motion by Vice-Mayor Hanson to approve Consent gppROVED
Calendar items 4.a. through 4.r.
CLOSED SESSION
a. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One matter)
Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED
Session at 5:Z8 p.m.
Motion by Councilmember Couch to adjourn from APPROVED
Closed Session at 6:Z3 p.m.
Bakersfield, California, September 3, 2008 -Page 6
RECONVENED MEETING - 6:37 p.m.
6.
7.
8.
ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan, Scrivner
Absent: None
INVOCATION by Pastor Pat Sheahan, Northminster
Presbyterian Church.
PLEDGE OF ALLEGIANCE by Ethan Helston, 4~' Grade
Student at Columbia Elementary School.
ACTION TAKEN
Mayor Hall recognized Boy Scout Troop 484 in
attendance at the meeting.
9.
CLOSED SESSION ACTION
a. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One matter)
STAFF GIVEN
DIRECTION
10.
PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Barbara Fowler, proclaiming September 2008
as Fetal Alcohol Spectrum Disorders Awareness
Month.
Barbara Fowler, representing the Kern County Fetal
Alcohol Spectrum Disorder Awareness Committee,
accepted the Proclamation and made comments,
and acknowledged Arlana Absher from BARC and
Lorena Diaz from Kern Regional Center, Committee
Co-Chairs, in attendance at the meeting.
b. Presentation by Mayor Hall of Proclamation to
Bernard J. Herman, 2008 John Brock
Community. Service Award winner, declaring
September 4, 2008 as Bernard J. Herman Day.
Bernard Herman accepted the Proclamation and
made comments.
11. PUBLIC STATEMENTS
None.
Bakersfield, California, September 3, 2008 -Page 7
12. APPOINTMENTS ACTION TAKEN
a. One appointment to the Metropolitan Bakersfield
Habitat Conservation Trust Group due to the
expiration of term of Thomas Blackmon, term
expires September 2008.
City Clerk McCarthy announced applications were
received from Louise Palmer and Donna
Carpenter.
After a ballot vote by the City Council, City Clerk
McCarthy announced unanimous support for Donna
Carpenter.
Motion by Vice-Mayor Hanson to appoint Donna APPROVED
Carpenter.
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
None.
15. REPORTS
None.
16. DEFERRED BUSINESS
a. Report on utilization of a $1,500,000 State Grant for
equipment to sort recyclables.
1. Issuance of bids to purchase equipment.
2. Issuance of a request for proposals (RFP)
for a service provider to sort recyclables.
Public Works Director Rojas provided an update of
the grant process.
Motion by Councilmember Weir to recommend q ppROVED
issuance of the equipment purchase bids and
the RFP.
17. NEW BUSINESS
None.
Bakersfield, California, September 3, 2008 -Page 8
18. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham referred a constituent letter to
Development Services regarding property near St.
Francis School.
Councilmember Benham referred a constituent letter to
staff regarding the deteriorated condition of an alley
behind the 1600 block of Ollve Street
Councilmember Benham referred a constituent concern
to staff regarding tumbleweeds and litter along the
embankment at Golden State Freeway and F Street.
Councilmember Carson asked Streets to assess the
incompleted project at 6U' 8 P streets regarding a
drainage issue.
Councilmember Carson offered congratulations to Rosetta
Brown on her 90th birthday.
Councilmember Weir thanked Solid Waste staff for the
recent large item pickup at his house.
Councilmember Weir announced he is pleased to see the
pilot program for dog licensing is underway.
Councilmember Weir announced his granddaughters had a
great experience this year at the Jefferson Park swimming
program, thanks to Recreation and Parks staff.
Councilmember Couch turned in several referrals for
staff regarding traffic signal timing and the possibility
of lowering the speed limit
Councilmember Couch asked if someone from staff would
stay after the meeting to talk to him about an upcoming
Hearing on September 9th.
Councilmember Sullivan announced she will be calling
in her referrals.
Mayor Hall expressed his concern about the recent
announcement that Bakersfield might lose the minor
league baseball franchise and encouraged the City
Council to get involved and help save minor league
baseball in Bakersfield.
ACTION TAKEN
Bakersfield, California, September 3, 2008 -Page 9
19. ADJOURNMENT ACTION TAKEN
Mayor Hall adjourned the meeting of 7:00 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield