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HomeMy WebLinkAbout09/17/08_CC_AGENDA_PACKET~.::~, ,, BAKERSFIELD CITY COUNCIL '-~,,,_ AGENDA ate'! • MEETING OF SEPTEMBER 17, 2008 .''YF .. 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 BA pFy~, „ ~? • '~cn ADMINISTRATIVE REPORT RY 11~ ~' L1Fo 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 BA O~ yw~++r ~ ~ yyy,,,,~ ADMINISTRATIVE REPORT ~L~ IFO 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,;; U p ADMINISTRATIVE REPORT ~ ~~Ls LI 0 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 Page 1 ~owoe.r U d ADMINISTRATIVE REPORT ~, ~ s IFO 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 Page 2 BAK O~ ~,can^+, S ~ ~ ADMINISTRATIVE REPORT ~, ~,. LIFO 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 Page 1 of 2 A OF ywvow~r ADMINISTRATIVE REPORT c ~~ LIFO 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 1 ~coVOyr .L '• Cn ADMINISTRATIVE REPORT ~, ~~r LIF 0 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 A ~ ~ i ° ADMINISTRATIVE REPORT ~., 0 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 A 4 o ADMINISTRATIVE REPORT ~~. /F 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 A `p11P0~~,~ sl ADMINISTRATIVE REPORT c ~t*° LIFO 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 G:\GROUPDAT\ADMINRPl12008\09-17\CCOs 4-14 White Ln at Hwy 99 On Ramp.doc ADMINISTRATIVE REPORT 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 BAh O~ ~mwoege R~ ~ J ° ADMINISTRATIVE REPORT c ~tr '~~/F 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 R,, 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 BA E D~ywuoe,,ren S ADMINISTRATIVE REPORT ~ ~t~ 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 DMA/s ~ 1 is .,~ ~,' ne J~4 ~'~" ~~`""' ADMINIST RATIVE REPORT u:~i"~~~:::> 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 A O t: -'~ i~ U p C u~ IF 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~~ ~ ~ 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 BA E OFyw aos 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 i 1 ~ ~.; . r~~,~. ~o'i - r ~~. ~:. ~~""` ~F~~- ADMINISTRATIVE REPORT ~, ;, ,,,. 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