HomeMy WebLinkAbout01/28/09_CC_AGENDA_PACKETR= ;r BAKERSFIELD CITY COUNCIL
AGENDA
''„,~~~ MEETING OF JANUARY 28, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. WORKSHOPS
4. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Della Hodson, President/Chief Professional
Officer, United Way of Kern County, declaring January 30, 2009 Earned Income Tax
Credit Awareness Day.
b. Presentation by Mayor Hall of Proclamation to Sandra Magee, Founder and President,
Alternative Dental Hygiene of California, declaring February Children's Dental Health
Month.
5. APPOINTMENTS
a. One appointment to the Bakersfield Redevelopment Agency due to the resignation of
Thomas P. Mishoe, term expiring April 22, 2010. (Mayor)
Staff recommends Council determination.
b. One appointment to the Planning Commission due to the resignation of William Andrews,
term expiring April 30, 2011. (Ward 1)
Staff recommends Council determination.
6. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 14, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from January 1, 2009 to January 15, 2009 in the
amount of $16,631,779.99 and self-insurance payments from January 1, 2009 to January
15, 2009 in the amount of $110,141.31.
Ordinances:
c. First Reading of the following Ordinances:
1. Amending Section 3.12 020 of the Municipal Code relating to presentation of claims
against the City.
2. Amending Section 8.80 170 of the Municipal Code relating to payments to the
Finance Director regarding abatement of public nuisances.
3. Amending Sections 14.04.050 and 14.04.100 relating to payments to the City
Treasurer regarding bills for water service in the Ashe Water Service Area.
d. Adoption of Ordinance amending Municipal Code Section 16.08.155 adding a definition
of timely filing of a final map and Chapters 16.20 & 16.22 adding related text for timely
filing procedures.
6. CONSENT CALENDAR continued
(Wards 1,a,5) e. Adoption of Ordinance amending Municipal Code Sections 1.12.010, 1.12.040 and
1.12.050 by adding Annexation No. 560 consisting of 7,484 square feet located south of
Blomquist Drive, east of McDonald Way and north of Belle Terrace; Annexation No. 577
consisting of 0.52 acres located north of Belle Terrace, south of Blomquist Drive and east of
Fiorito Street to Ward 1, Annexation No. 555 consisting of 44.03 acres located on the north
side of Snow Road, west of the Calloway Canal to Ward 4 and Annexation No. 496
consisting of 49.5 acres located south of McCutchen Road, west of Gosford Road to Ward 5.
Resolutions:
f. Resolution authorizing the transfer of unclaimed money ($9,177.39) to the General Fund.
g. 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 2) h. Emergency replacement of chiller compressor at Police Department:
1. Resolution dispensing with formal bidding procedures due to emergency replacement
of chiller compressor at Police Department, not to exceed $60,000.
2. Accept bid and award contract to Hillcrest Air Conditioning & Sheet Metal, Inc.
($53,235) for replacement of the chiller compressor.
3. Transfer $60,000 from a budgeted Public Works Department Capital Improvement
Project (Resurfacing, VLF Phase 11) to the Chiller Replacement Project within the
Capital Outlay Fund.
i. Changes to the salary schedule:
1. Amendment No. 2 to Resolution No. 136-08 setting salaries and related benefits for
officers and employees of the General Supervisory, Police Supervisory (non safety)
and Management Units.
2. Amendment No. 1 to Resolution No. 140-08 approving Memorandum of
Understanding for employees of the Blue and White Collar Units and adopting salary
schedule and related benefits.
Public Employees' Retirement System (PERS):
Resolution of Intention to approve Amendment No. 6 to Agreement No. 97-39 with
the Board of Administration of PERS.
2. First Reading of Ordinance authorizing an amendment to the Contract of
Administration of the Board of Administration of PERS to provide Section 21548 Pre-
Retirement Optional Settlement 2 Death Benefit to Local Miscellaneous Members in
Groups 70001 & 70002.
Agreements:
(Ward 2,a) k. Wireless Internet Service in City Parks:
1. License Agreement with Bright House Networks to provide wireless internet service in
Central Park.
2. License Agreement with Bright House Networks to provide wireless internet service in
Aera Park.
2 City Council Meeting of 01/28/2009
6. CONSENT CALENDAR continued
(Ward 4) I. Earth Day Grant:
1. Agreement with California State Parks Foundation to accept Earth Day Grant
($3,000) sponsored by P.G. & E.
2. Appropriate $3,000 from the California State Parks Foundation Grant to the
Recreation & Parks Department, Park Operations Budget.
(Ward 1) m. Agreement with County of Kern ($375,000 Community Development Block Grant Funds) to
install a spray area mini-park. (Casa Loma Park)
(Ward 2,4) n. Agreement with State of California Department of Transportation (Caltrans) to widen
Rosedale Highway between State Route 99 and State Route 43. (TRIP)
o. Amendment No. 1 to Agreement No. 05-024 with Niemeyer & Associates, PC ($8,000) to
extend term four months to May 31, 2009 for track inspection services for the AMTRAK
Railroad from H Street to Union Avenue.
(Ward 2,4,5) p. Amendment No. 2 to Agreement No. 07-184 with Griswold, LaSalle, Cobb, Dowd & Gin, LLP
(not to exceed $150,000) to provide outside legal services for handling of right-of-
way/eminent domain cases for the Westside Parkway Project.
(Ward 2) q. Contract Change Order No. 3 to Agreement No. 08-089 with Rudnick Fence Co. ($42,900;
revised not to exceed $450,256) for the Mill Creek Linear Park -Phase 1 Project.
(Ward 3) r. Contract Change Order Nos. 14 & 15 to Agreement No. 07-304 with Security Paving
Construction ($66,044.74; revised not to exceed $29,678,372.84) for the State Route 178
and Fairfax Road Interchange Project. (TRIP)
Bids:
(Ward 2) s. Reject bid for the vapor recovery systems at the Corporation Yard and Police Department.
(Ward 2) t. Reject bid for elevator modernization for City Hall North.
u. Accept bid from Golden State Peterbilt ($242,780.51) for three (3) replacement brush trucks
for Recreation and Parks Department.
v. Accept bid from Nixon-Egli Equipment Co. ($278,850) for one (1) replacement street
sweeper for Streets Division.
Miscellaneous:
(Ward 4,5,7) w. Traffic signal and lighting system installation at the intersections of Harris Road and Old
River; Hosking Avenue and Union Avenue; and, Jewetta Avenue and Noriega:
1. Appropriate $200,078 Federal Congestion Management Air Quality (CMAQ) funds for
the project at Harris Road and Old River; $200,078 Federal CMAQ funds for the
project at Hosking Avenue and Union Avenue; and $200,078 Federal CMAQ funds
for the project at Jewetta Avenue and Noriega to the Public Works Department
Capital Improvement Budget within the SAFETEA-LU Fund.
2. Transfer $30,000 from a budgeted Public Works Department Capital Improvement
Project (Miscellaneous Transportation Construction) to the project at Jewetta Avenue
and Noriega within the Transportation Development Fund for the City's local match.
Staff recommends adoption of Consent Calendar items a through w.
7. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution making findings and updating the Capital Improvement
Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Staff recommends
adoption of resolution.)
3 Ciry Council Meeting of 01/28/2009
7. CONSENT CALENDAR HEARINGS continued
b. Public Hearing to consider the proposed expenditure plan for the Supplemental Law
Enforcement Services Funding (S. L.E.S. F.) grant. (Staff recommends approval of proposed
expenditures and appropriation.)
1. Appropriate $131,025 State Grant revenues to the Police Department Operating
Budget within the S.L.E.S.F. Fund.
(Ward 2) c. Public Hearing to consider Resolution to authorize the Bakersfield Redevelopment Agency to
sell 1.91 acres of real property located between R Street, S Street, 14th Street and California
Avenue for $1,000,001 (forgivable note) to CREEKVIEW VILLAS, LLC (Southwest
Consulting, Inc.) for the development of 36 affordable multi-family town-homes as Phase 2 of
the South Mill Creek Mixed Use Redevelopment Project. (Staff recommends adoption of
resolution and approval of sale of property.)
8. 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)
RECONVENED MEETING -approximately 6:30 p.m.
9. ROLL CALL
10. INVOCATION by Jason Klofenstein, Associate Pastor, Rosedale Bible Church.
11. PLEDGE OF ALLEGIANCE by Sarah Varella, Student at Olive Knolls Christian School.
12. CLOSED SESSION ACTION
13. PUBLIC STATEMENTS
14. HEARINGS
(Ward 3) a. Public Hearing to consider Resolution denying an appeal by McIntosh and Associates on
behalf of Nickel Family, LLC and upholding the Board of Zoning Adjustment decision
approving Conditional Use Permit No. 08-1482 on 13.97 acres in an R-1 (One Family
Dwelling) zone located at 18200 Highway 178. (Applicant: Bruce E. Keith/Property Owner:
ASC Treatment Group)
Staff recommends adoption of resolution.
15. REPORTS
16. DEFERRED BUSINESS
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
~i~k~
O Alan Tandy
City Manager
01/21/09 3:OOpm
4 City Council Meeting of 01/28/2009
AGENDA HIGHLIGHTS
January 28, 2009 COUNCIL MEETING
REGULAR MEETING - 5.15 v m
APPOINTMENTS
There will be one appointment to the Bakersfield Redevelopment Agency and one appointment to the
Planning Commission.
Ordf_
Item ec. First Reading of Ordinances Due to the relocation of several City departments, the address
listed in the Municipal Code for City Hail is no longer correct. These ordinance changes simply change
the address from 1501 Truxtun Avenue to 1600 Truxtun Avenue in three separate sections of the
Municipal Code.
Resolutions
Item 8I. Changes to the Salary Schedule The Human Resources Division is conducting a
comprehensive review of all existing Clty job specifications. The initial phase of this review was to
identify job titles that are no longer in use. These job classifications are being deleted and the
corresponding salary schedules are being amended to reflect this deletion. A review and update of the
remaining 200-plus job specifications is currently underway.
Item ej. Public Employees' Retirement System (PERSZ This item implements a recently negotiated
agreement with the City's, Blue and White Collar, Miscellaneous Supervisory and Miscellaneous
Management Units regarding PERS retirement benefits. The resolution will amend the current PERS
contract to allow current and future employee's eligible survivor to receive the Pre-Retirement Optional
Settlement 2 Death Benefit if the member dies while actively employed, has attained at least the age of
50 and has at least 5 years of credit service.
Agreements
Item em. Agreement with County of Kern to Install a Spray Area Mini-Park The City Council approved
an amendment to the FY 2007-08 Action Pian in the amount of $375,000 (Community Development
Block Grant Funds) in the fall of 2007. This amendment was for the design and construction of a wet
play area located at the County owned Casa Loma Park, which is located in the City of Bakersfield
metropolitan area. The wet play area improvements will primarily benefit residents from low income City
and County neighborhoods. The County's Park and Recreations Department will construct the
improvements and will maintain and operate the spray park upon completion. The sub-recipient
agreement was approved by the County on January 6, 2009.
Item en. Agreement with State of California Department of Transportation (Caltrans) to Widen Rosedale
Hiahwav Between State Route 99 and State Route 43. The Rosedale Highway Widening Project is part
of the Thomas Roads Improvement Program (TRIP) and both Caltrans and the City are working together
on this project. This cooperative agreement outlines the responsibilities of both agencies regarding the
development of the project and is necessary to complete the Environmental Document for the project.
Item 6p. Amendment No. 2 to Agreement No 07-184 with Outside Counsel Griswold LaSalle Cobb
Dowd & Gm LLP to Provide Legal Services Rel Right of waylEminent Domain Cases for the
Westside Parkwav. These are relatively minor acquisitions needed to build sound walls far the Westside
Parkway (VVSP). Some of the homes along this section are in foreclosure and this is the reason normal
negotiations have not been successful. The law firm of Griswold, La Salle was originally selected to
handle six right-of-way/eminent domain matters on behalf of the City for the WSP. This number was
increased to ten on February 27, 2008, for a total contract amount of $150,000. It is estimated that the
City will have to obtain five to ten temporary construction easements, through initiation of eminent
domain proceedings, for Phase II of the WSP. The law firm of Griswold, La Salle has agreed to handle
these legal matters under the current contract amount; therefore, no additional funding is requested.
Bid
Item eu. Accept Bid from Golden State Peterbil for Three Re~lacRmQ~t Brush Trucks for Recreation
and Parks Department m the amount of $242.780.51. These brush trucks were scheduled for
replacement in the 2003-04 FY, but replacement was deferred due to budget cuts. Given the age and
usage of these trucks, it is now recommended that they be replaced. A total of four bids were received,
with Golden State Peterbilt being the lowest.
Item ev.
streets uivision m the amount of $278 850 The street sweeper that is to be replaced has high
maintenance costs and has had increased downtime. Additionally, the existing street sweeper operates
on diesel fuel where the replacement sweeper will operate on CNG. Due to the fact that the new
sweeper will operate cleaner than the diesel powered sweeper, the Kern Council of Governments,
through the Congestion Mitigation and Air Quality Program is funding $44,504 of the incremental cost
difference between a diesel and CNG replacement. A total of three bids were received, with Nixon-Egli
Equipment Co. being the lowest.
Item 8w. Traffic Signal and Lighting System Installation at the Intersection of Harris Road and Old River•
Hoskins Avenue and Union Avenue• .and Jewetta venue and Norieaa These projects consist of a
compete traffic signal and lighting system at the above referenced locations as well as modification of
pavement markings and striping, and reconstruction of access ramps to meet current American with
Disabilities Act requirements. The majority (88.53%) of these signals are federally funded through
Congestion Mitigation and Air Quality funds. The remaining (11.47%) funding is to come from a local
match contribution.
~•~• • - -•
_--,
There will be a conference with legal counsel regarding one case of potential litigation.
CONTINUATION OF REGULAR MEETING - Acoroximetely 6:30 n m
HEARINGS
Item 14a. Public Hearing to Consider Resolution Denying an Appeal by McIntosh and Associates on
Behalf of Nickel Family LLC and Upholding the Board of Zoning Adjustment Decision ARprovina
Conditional Use Permit No 08-1482 on 13 97 Acres in an R-1 _(One Family Dwelling) Zone Located at
18200 Highway 178. On November 17, 2008 the Board of Zoning Adjustment (BZA) approved a
Conditional Use Permit which permitted the construction of four 2,400 square foot bungalows on the site
of an existing residential care facility for mentally disabled persons, which would increase the capacity of
Agenda Highlights -January 28, 2009 Council Meeting
Page 2
the facility from 30 to 54 beds. McIntosh and Associates, on behalf of Nickel .Family, LLC a neighboring
property owner, filed an appeal of the BZA's decision on November 26, 2008. The reason for the appeal
is the absence of a requirement to construct curb, gutter, sidewalk and street improvements along the
site's approximately 1,100 feet of Highway 178 frontage. However, a condition of approval requires the
applicant to dedicate additional right-of-way along the Highway 178 frontage which is necessary for
Caltrans standards. The Nickel Family, LLC is concerned that if the applicant is not required to construct
specific improvements along the site's 1,100 feet of Highway 178 frontage, at some point in the future the
Nickel Family, LLC will be required to construct those improvements as part of their proposed
development. Staff is recommending denial of the appeal as .the burden of cost is too great for the
relatively minor nature of the change being made.
Approved:
Rhonda Smiley, Assistant to the Cfty Manager / PIO
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights -January 28, 2009 Council Meeting
Page 3
MEETING DATE: January 28, 2009 AGENDA SECTION: Presentations
ITEM: ~-}, a,
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: January 16, 2009
APPROVED
DEPARTMENT HEA ~-
CITY ATTORNEY
CITY MANAGER ~5'
SUBJECT: Presentation by Mayor Hall of a Proclamation to Della Hodson, President/Chief
Professional Officer, United Way of Kern County, declaring January 30, 2009 as Eamed
Income Tax Credit Awareness Day.
RECOMMENDATION:
BACKGROUND:
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MEETING DATE: January 28, 2009 AGENDA SECTION: Presentations
ITEM: ~, ~j,
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: January 16, 2009
APPROVED
DEPARTMENT HEADS
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Sandra Magee, Founder and President of
Alternative Dental Hygiene of California, declaring February as Children's Dental Health
Month.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Appointments
ITEM: ~, ~ ,
T0:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City CI~
January 15, 2009
One appointment to the Bakersfield Redevelopment Agency due to the resignation of Tom
Mishoe, whose term expired April 22, 2010. (Mayor)
APPROVED
DEPARTMENT HE
CITY ATTORNEY
CITY MANAGER ~'
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Bakersfield Redevelopment Agency due to the resignation of Tom
Mishoe, whose term expires April 22, 2010. The news release for this appointment was posted on
September 26, 2008.
One application for appointment has been received from James Knapp.
The Bakersfield Redevelopment .Agency is an advisory body to the City Council. It is composed of seven
(7) members, appointed by the Mayor and approved by the Council. Agency members must be registered
voters and residents of the City throughout the remainder of their term.
The agency transacts business and exercises its powers under Community Redevelopment Law.
Meetings are generally held the second Monday of each month at 4:00 p.m., City Hall North Conference
Room A, 1600 Truxtun Avenue.
January 16, 2009, 6:22AM
S:\Bds&Comm\BRDA\2008\2009Wdmin Jan 09.dot
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U ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Appointments
ITEM:. CJ , ~ ,
T0:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
January 15, 2009
One appointment to the Planning Commission due to the resignation of William Andrews
whose term expires April 30, 2011. (Ward 1)
APPROVED
DEPARTMENT HEAD ~ ~ ~ Y
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Planning Commission due to the resignation of Commissioner William
Andrews. The news release for this recruitment was posted on December 23, X008.
Applications for appointment have been received from the following:
• Marvin Dean
• David Eugene McDanel
• Vernon (David) Strong, Jr.
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination.
In accordance with this ordinance, the appointment shall be made by the Councilmember of Ward 1.
The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular
members, nominated by the Councilmember of the ward which corresponds with the commission vacancy.
Additionally, Planning Commission members must be residents of the City throughout their four year
terms, but not of a specific ward of the nominating Councilmember.
January 16, 2009, 4:11 PM
S:\Bds&Comm\PLANNING\20091ADMIN resignation 2009.dot
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: , , ~ ,
TO: Honorable Mayor and City Council
FROM: Pamela McCarthy, City Clerk
DATE: January 5, 2009
APPROVED
DEPARTMENT HEAD ~~ ~~~GtC
~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the January 14, 2009 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: January 16, 2009
AGENDA SECTION: Consent Calendar
ITEM: (,~ , ~j ,
APPROVED
DEPARTMENT HEAD ./I.~S
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Approval of department payments from January 1, 2009 to January 15, 2009
in the amount of $16,631,779.99 and Self Insurance payments from January 1, 2009
to January 15, 2009 in the amount of $110,141.31.
RECOMMENDATION:
Staff recommends approval of payments totaling $16,741,921.30.
BACKGROUND:
RAR
January 15, 2009, 2:29PM
S:1RichardlAPWDMINWDMIN-AP.doc
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U ADMINISTRATIVE REPORT
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MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: l .. ~
T0: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD UG
DATE: January 8, 2009 CITY ATTORNEY J B,~
CITY MANAGER_
SUBJECT: 1. First Reading of Ordinance Amending Section 3.12.020 Relating to Presentation of
Claims Against the City.
2. First Reading of Ordinance Amending Section 8.80.170 Relating to Payments to the
Finance Director Regarding Abatement of Public Nuisances.
3. First Reading of Ordinance Amending Sections 14.04.050 and 14.04.100 Relating to
Payments to the City Treasurer Regarding Bills for Water Service in the Ashe Water
Service Area.
RECOMMENDATION:
Staff recommends First Reading of the proposed ordinance amendments.
BACKGROUND:
Due to the relocation of several City. departments, the address listed in the Bakersfield Municipal Code for
City Hall is no longer correct. The following ordinance amendments simply change the address from 1501
Truxtun Avenue to 1600 Truxtun Avenue:
1. BMC Section 3.12.020. This amendment updates the address where claims against the
City shall be presented.
2. BMC Section 8.80.170. This amendment updates the address for the Finance Director
regarding payments for abatement of public nuisances.
3. BMC Sections 14.04.050 and 14.04.100. This amendment updates the address for the City
Treasurer regarding bills for water service in the Ashe Water Service Area.
JB:Isc
January S, 2009, 8:56AM
3:~000NCILVIdminaW6-09 AdminaVlddresaChange-3.12.020,8.80,170,14.04.050.dx
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009 AGENDAS CTION: Consent Calendar
ITEM: /.~ ..
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: January 12, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Adoption of an ordinance amending the text of Title 16 (Subdivision Ordinance) of the
Bakersfield Municipal Code, specifically adding a definition of "timely filing" of a final map
(Section 16.08.155), and adding related text to the applicable Final Map Chapters (16.20
and 16.22) for "timely filing" procedures.
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the Ordinance was given on January 14, 2009.
On November 20, 2008, the Planning Commission held an advertised public hearing on this request to
amend the text of Title 16 (Subdivision Ordinance) of the Bakersfield Municipal Code, and recommended
adoption by the City Council. This project is an amendment to the text of the Subdivision Ordinance,
Bakersfield Municipal Code Title 16, to specifically define "timely filing" of final maps and convey the
associated procedures. The proposed additions to the Subdivision Ordinance are necessary in order to
provide two essential updates.
First, it is necessary to update the Subdivision Ordinance (Title 16) in order to provide a precise definition
for "timely filing" of a final map. The Subdivision Map Act's Government Code Section 66452.6(d) explains
that "...once a timely filing is made, subsequent actions of the local agency, including, but not limited to,
processing, approving, and recording, may lawfully ocaar after the date of expiration of the tentative map."
However, the Subdivision Map Act does not indicate what constitutes a "timely filing." This determination
is to be clarified in local ordinance. The City of Bakersfield's Public Works Department has a long-
standing practice of providing developers with the approved "Checklist for Final Tract Map Recordation"
(Checklist). This checklist is used when processing all final map packages, including final tract maps as
well as final parcel maps. The City's Planning and Public Works Departments have an internal policy that
a "timely filing" is made when a developer submits all of the applicable items listed on the Checklist. Staff
desires to codify this policy in the following addition to the local subdivision ordinance.
January 12, 2009, 9:50AM
KShea/S:IDanaIADMINS120091Jan11-28-Amendment to TlNe 18 (timely eling) 2doc
ADMINISTRATIVE REPORT
The proposed amendments to the Subdivision Ordinance reflect the desire to clarify subdivision map filing
procedures and provide cohesive instructions for our customers. The recommendations are items that
staff has r®centfy identified through working with the private sector and the City's Public Works
Department collectively. Overall, the proposed changes provide clarity and functionality in applying
subdivision standards.
No one spoke in opposition to the project at the Planning Commission hearing.
This project has been found to be exempt from the provisions of the California Environmental Quality Act
(CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the general rule of CEQA
in accordance with Section 15061 (b) (3), it can be seen with certainty that there is no possibility that
adoption of the proposed ordinance wilt have a significant affect on the environment.
Staff recommends adoption of the ordinance.
January 12, 2009, 9:55AM
KShea/S:IDaneIAOM/NS12009Van11-28 Amendment to Title 18(NmetyNlJng) 2.doc
U ADMINISTRA
TIVE REPORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: (p , ~ ,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: January 15, 2009 CITY ATTORNEY
CITY MANAGER ,PS'
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Section §1.12.010,
§1.12.040 and §1.12.050 by adding Annexation No. 560 consisting of 7,484 square
feet, located south of Blomquist Drive, east of McDonald Way and north of Belle Terrace
and Annexation No. 577 consisting of 0.52 acres, located north of Belle Terrace, south
of Blomquist Drive and east of Fiorito Street to Ward 1, Annexation No. 555 consisting of
44.03 acres, located on the south side of Seventh Standard Road, west of the Calloway
Canal to Ward 4 and Annexation No. 496 consisting of 49.50 acres, located south of
McCutchen Road, on the west side of Gosford Road to Ward 5. (Wards 1, 4 ~ 5)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on January 14, 2009.
This ordinance amends the ward boundaries to include Annexations 560, 577, 555 and 496 into
corresponding Council wards. These annexations were recently approved by LAFCO.
Annexation No. 560 is located south of Blomquist Drive, east of McDonald Way and north of Belle
Terrace. The property consists of a 7,484 square foot vacant parcel. Property owner requested
annexation for development purposes and to receive city services.
Annexation No. 577 is located north of f3elle Terrace, south of Blomquist Drive and east of Fiorito
Street. The property consists of a single family residence on the 0.52 acre parcel. The property owner
requested annexation for to receive city services.
Annexation No. 555 is located on the south side of Seventh Standard Road, west of the Calloway
Canal. The property consists of 44.03 acres. The property owner proposes development of estate
residential homes on the project site. The property owner requested annexation for development
purposes and to receive city services.
Annexation No. 496 is located south of McCutchen Road, on the west side of Gosford Road. The
property consists of 49.50 acres of vacant land. Annexation of this parcel substantially reduces an
existing county island. The property owner requested annexation for development purposes and to
receive city services.
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: (,~ , ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson Smith, Finance Director
January 14, 2009
Resolution Authorizing the Transfer of Unclaimed Money in the amount of $9,177.39 to the
General Fund.
APPROVED
DEPARTMENT HEAD i+./
CITY ATTORNEY
CITY MANAGER iCJ
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Monies that are unclaimed go through a series of steps where staff attempts to provide a mechanism for
the payee to claim the funds. Checks are issued that do not get cashed. Letters are written and we
receive no response. As a final effort, and pursuant to California Government Code Section 50053, a
public notice was published in the Bakersfield Californian on October 26, 2008 and November 2, 2008 with
names and amounts of anything $15.01 and groater which has been unclaimed for more than three years.
Adoption of this Resolution will allow the City to ,transfer the remaining unclaimed funds from our escheat
trust account into the General Fund. Exhibif "A" contains those items which are still unclaimed to date and
any amounts $15.00 or less that remain unclaimed for more than one year (which were not required to be
in the notice). The total amount of the proposed transfer is $9,177.39.
January 15, 2009,11:52AM
S:WdminWdmin Reportslunclaimed monies Admin report.dx
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent
ITEM (Q .
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: January 8, 2009
SUBJECT: Property Abatements
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ,PS
Resolution coni'irming 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 January 12, 2009, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which
constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. 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:
PRO PERTY LOCATION ~ COST
War d 1/Councilmembar Irma Carson
1. Vacant lot south of 3418 Anderson Street 172-102-37 $ 419.00
2. Vacant lot north of 3419 Anderson Street 172-091-08 $ 419.00
3. 3616 Anderson Street 172-102-26 $ 419.00
4. 1108 S. Brown Street 019-051-04 $ 630.00
5. NWC Cottonwood ~ Brook Street 172-101-23 $ 399.00
January 12, 2008,11:23AM
S:\DanaWDMINS\2009Uan\1-2&Weed Abatement.dx
ADMINISTRATIVE REPORT
Page 2 of 4
PROPERTY LOCATION LPN COST
Ward 1/CouncilmamM,er Irn,A [_~~nn -
6. 3320 Elda Avenue 172-122-27 $ 399.00
7. 500 S. Haley Street 019-101-OS $ 950.00
8. 3407 Home Street 172-092-08 $ 399.00
9. 5313 Lime Street 412-171-18 $ 300.00
10. 3504 Meeks Avenue 172-12418 $ 520.00
11. 3604 Meeks Avenue 172-13416 $ 419.00
12. 3620 Meeks Avenue 172-13412 $ 454.00
13. 1115 Murdock Street 018-112-04 $ 300.00
14. 310 Ohio Drive 169-070-20 $ 454.00
15. 402 Ohio Drive 169-070-16 $ 950.00
16. 1309 Potomac Avenue 018-091-37 $ 500.00
17. Vacant lot east of 1152 E. Planz Road 170-180-04 $ 444.00
18. 219 Radicchio Avenue 413-243-10 $ 300.00
19. 3600 Shellmacher Avenue 172-133-17 $ 399.00
20. 3608 Shellmacher Avenue 172-133-15 $ 419.00
21. 3615 Shellmacher Avenue ~ 172-132-09 $ 424.00
22. 101 T Street 010-041-15 $ 840.00
23. 600 S. Union Avenue 169-120-04 $ 1,424.00
24. SEC Virginia 8 Hayes 018-360-24 $ 450.00
25. 1514 Virginia Avenue 018-123-19 $ 500.00
26.
1Nard 1104 E. 9'" Street
2lCouncilmembe
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B
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27. 1814 Alta Vista Drive 012-210-08 $ 300.00
28. 1901 Buena Vista Street 008-311-09 $ 450.00
29. 1911 Buena Vista Street 008-311-07 $ 375.00
30. 2315 Buena Vista Street 008-183-02 $ 524.00
31. 611 Jefferson Street 013-090-15 $ 675.00
32. 1300 Monterey Street 015-250-14 $ 300.00
33. 1730 Orange Street 007-160-19 $ 424.00
34. 1210 Oregon Street 015-100-14 $ 700.00
35. 1109 Pacific Street 015-090-03 $ 300.00
36. 3129 San Dimas Street 002-051-15 $ 515.00
37. 1910 1 °` Street 008-341-11 $ 586.00
38. 1126 E. 18"' Street 017-180-10 $ 300.00
39. 517 28"' Street 002-112-05 $ 665.00
January 12, 2009, 11:23AM
S:\DanaWDMINS12009Uan\1-2&Weed Abatement.doc
ADMINISTRATIVE REPORT
Page 3 of 4
PROPERTY LOCATION ~ COST
40. 2412 Blade Avenue 383-021-11 $ 544.00
41. 3504 Cardinal Avenue 382-171-02 $ 501.00
42. 3616 Century Drive 382-220-10 $ 300.00
43. 3306 Colgate Lane 383-243-05 $ 300.00
44. 2721 Hollins Street 021-361-20 $ 512.00
45. 11001 Pocono Way 533-052-12 $ 300.00
46. 11609 Mantova Avenue 528-031-19 $ 630.00
47. 10006 Mona Lisa Lane 525-062-05 $ 650.00
48. 11507 Pacific Breeze Avenue 527-365-08 $ 474.00
49. 3719 Southpass Drive 451-325-06 $ 625.00
50. 12511 Stablegate Drive 528-401-06 $ 570.00
51. 10408 Grizzly Street 497-580-03 $ 444.00
52. 5907 Lone Point Way 497-151-02 $ 444.00
53. 711 Markham Way 501-162-02 $ 300.00
54. 11203 Vista Del Luna Drive 497-293-19 $ 574.00
55. 6312 Bronson Lane 355-383-04 $ 939.00
56. 5008 Lawrence Court 384-040-27 $ 497.00
57. 600 New Stine Road #16 194570-16 $ 400.00
58. 7302 Pedrick Court 498-382-07 $ 450.00
59. 3113 Summer Side Court 441-160-31 $ 300.00
60. 3409 Truman Avenue 441-073-04 $ 694.00
61. 1106 Astor Avenue 517-442-52 $ 444.50
62. 4709 Beehan Street 171-190-22 $ 300.00
63. 8811 Domingo Street 514-641-09 $ 300.00
64. 1604 Moreland Way 413-033-18 $ 300.00
65. 2705 Pinheiro Court 514-663-23 $ 300.00
66. 2307 Trentino Avenue 514-64414 $ 522.00
January 12, 2009,11:23AM
S:\Dana1ADMINS1201>91,1an\1-2&Weed Abatement.dx
ADMINISTRATIVE REPORT
Page 4 of 4
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal
Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement
Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter
8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at
the hearing on this matter before the City Manager or his designee and to object to the correctness of the
costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the
assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the
City for work performed to remove the public nuisance and order that such costs be made a lien against
the property. This will be done by adoption of the attached resolution.
January 12, 2009, 11:23AM
S:1DanaWDMINS\2009Uan\1-2&Weed Abatement.dx
F wvo~
ADMINISTRATIVE REP
ORT
~.,.
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: (p, d'} ,
T0:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 16, 2009
Emergency Replacement of Chiller Compressor at Police Department Building (Ward 2):
1. Resolution dispensing with formal bidding procedures due to emergency replacement of chiller
compressor at the Police Department Building, 1601 Truxtun Avenue, not to exceed $60,000.
2. Accept bid and award contract to Hillcrest Air Conditioning & Sheet Metal, Inc. ($53,235.00) for
the Replacement of the Chiller Compressor.
3. Transfer $60,000 from a budgeted Public Works Department's Capital Improvement Project
(Resurtacing, VLF Phase II) to the Chiller Replacement Project within the Capital Outlay Fund.
AP ROVED
DEPARTMENT HEAD
CITY ATTORNEY C~
CITY MANAGER
RECOMMENDATION: Staff recommends approval of resolution, acceptance of low bid, award of contract,
and approval of transfer.
BACKGROUND: On January 13, 2009, the compressor on the heating, ventilation and air conditioning (HVAC)
chiller failed. This resulted in only hot air circulation in the temperature controlled areas. The temperature continues
to rise beyond what is controlled with thermostats. Public Works staff is currently manually controlling air flow and
temperature to maintain a comfortable environment.
Due to the urgency of the situation, staff immediately obtained informal bids to replace the compressor. A total of
three acceptable bids were received. Those acceptable bids are as follows:
Hillcrest A/C & Sheet Metal, Inc.
4540 Easton Drive
Bakersfield, CA 93309 (City) in amount of $53,235.00
Trane Building Services
5599 North Golden State Blvd.
Fresno, CA 93722 in amount of $55,855.00
ACCO Engineered Systems
3121 North Sillect Ave., Suite 104
Bakersfield, CA 93308 (City) in amount of $56,801.00
Staff recommends transferring $60,000 of savings realized on a completed project to fund the chiller replacement
project. Additional funds beyond the base bid amount are needed for potential change orders, miscellaneous costs,
and inspection services.
Pw/GenSer (sjp)
January 21, 2009, 1:15PM
G:\GROUPDAIIADMINRP112009\01-281P.D. Chiller compressor contract.doc
MEETING DATE: Jan. 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: (~ , ? ,
TO: Honorable Mayor and City Council APPROVED
FROM: Javier Lozano, Human Resources Manage~~~~EPARTMENT HEAD
DATE: Janua 15, 2009 eve
ry CITY ATTORNEY
CITY MANAGER
SUBJECT: Changes to the Salary Schedule: -
1) Amendment No. 2 to Resolution No.136-08 setting salaries and related benefits
for Officers and Employees of the General Supervisory, Police Supervisory (Non-
Safety) and Management Units.
2) Amendment No. 1 to Resolution No. 140-08 approving Memorandum of Understanding
for Employees of the Blue and White Collar Units and adopting salary schedule and
related benefits.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Human Resources Division is conducting a comprehensive review of all the City of Bakersfield job
specifications. The initial phase of this review was to identify job titles no longer in use. Review and
update of the remaining 200+ job specifications is currently underway as some of them are more than
thirty (30) years old.
After reviewing with the appropriate Department Heads, the following job classifications are being deleted:
Accounting Clerk II - CGCC in the Rabobank
Airport Supervisor -Public Works
Assistant Fire Chief -Suppression -Fire Department
Associate Planner -Community Development -Economic & Community Development
Clerk Steno I -City Attorney's Office
Data Entry Clerk -Information Technology Division
Director of Environmental Services -Fire Department
Engineering Aide III -Engineering Division
Engineering Services Manager -Engineering Division
Fleet Services Systems Analyst -Fleet Services
General Services Coordinator -General Services Division
Human Resources Technician -Human Resources Division
Permit and Plan Check Manager -Building Division
S:1Admin Reports - 2008\Change in Salary Schedule 01-08.doc
ADMINISTRATIVE REPORT
Public Information Officer -City Manager's Office
Sanitation Worker II -Solid Waste Division
Spray Rig Operator/Pest Control Advisor -Parks Department
Stage Manager - CGCC - in the Rabobank
Tree Maintainer III -Parks Division
Urban Forester -Parks Division
Utility Worker -Public Works
There is no budgetary impact with this action.
(mm)
S:Wdmin Reports - 2008\Change in Salary Schedule 01-08.doc
BA
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° ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: (p. `
TO: Honorable Mayor and City Council
FROM: Javier Lozano, Human Resources Manager
,.
9
DATE: January 14, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 6 to Contract No. 97-39 with the Public Employees' Retirement System
(PERS)
1. Resolution of Intention to approve an Amendment No. 6 to Contract No. 97-39 with
the Board of Administration of the Public Employees' Retirement System.
2. First reading of Ordinance authorizing an Amendment to the Contract of
Administration of the Public Employees' Retirement System to provide Section 21548 Pre-
Retirement Optional Settlement 2 Death Benefit to Local Miscellaneous Members in Group
70001 8~ 70002.
RECOMMENDATION:
Staff recommends adoption of the Resolution of Intention and First Reading of the Ordinance.
BACKGROUND:
This amendment implements a recent negotiated item to the City's agreement with the Blue and White Collar,
Miscellaneous Supervisory and Miscellaneous Management Units.
The City of Bakersfield has a contract with the Public Employees' Retirement System (PERS) where the City contributes
money for retirement benefits. Retirement benefits are based upon these contractual arrangements. And likewise the
City costs are based upon these benefits. The estimated cost to the City to provide Section 21548 Pre-Retirement
Optional Settlement 2 Death Benefit is 0.4%.
This Amendment under Section 21548 Pre-Retirement Optional Settlement 2 Death Benefit of the PERS law, will amend
the current PERS contract to allow current and future employee's eligible survivor to receive the Optional Settlement 2
Death benefit if the member dies while actively employed, if the employee has attained at least the age of 50, and has at
least 5 years of credit service (total service across all CaIPERS employers and with certain other Retirement Systems
with which CaIPERS has reciprocity agreements). A CaIPERS member must be actively employed with the City of
Bakersfield to be eligible for this benefit. An eligible survivor means the surviving spouse to whom the member was
married at least one year before death.
The Optional Settlement 2 Death Benefit is a monthly allowance equal to the Service Retirement benefit that the
member would have received had the member elected Optional Settlement 2 and retired on the date of his or her death.
(A retiree who elects Optional Settlement 2 receives an allowance that has been reduced so that it will continue to be
paid after his or her death to a surviving beneficiary.) The allowance is payable as long as the surviving spouse lives,
at which time it is continued to any unmarried children under age 18.
A notice of Intention to amend our contract with PERS to allow this change to Section 21548 must be made public twice
by the City Council, and-then it can be adopted after at least 20 days following the first reading of the Ordinance.
~~n
° ADMINISTRATIVE REP
ORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: (,Q , k, ,
T0:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Dianne Hoover
Recreation & Parks Department
January 15, 2009
Bright House Networks to provide Wireless Internet Service in two city parks:
1) Approve License Agreement with Bright House Networks to provide Wireless
Service in Central Park (Ward 2)
2) Approve License Agreement with Bright House Networks to provide Wireless
Service in Aera Park (Ward 4)
RECOMMENDATION:
Staff recommends approval of both agreements.
BACKGROUND:
Internet
Internet
Bright House Networks is willing to provide wireless internet service to park users at their own expense in
the newly renovated Central Park as welt as the new Aera Park.
Under the terms of these agreements, Bright House Networks will Provide:
1) Wireless internet services for public use in both parks.
2) Support an internet portal page for the wireless internet services.
3) Labor, equipment and materials for the installation of wireless internet services; and
4) Offer the service free of charge to Road Runner High Speed Online customers. There will be a
charge for non-customers. Fee to be determined by Bright House Networks. This fee will be
waived for six months from the date of service launch.
Under the terms of these agreements, the City will provide:
1) Power required for the wireless internet service;
2) Available space in the existing conduit serving Central Park and Aera Park.
3) Signage in each park indicating the availability of wireless internet;
4) Information on the City's website regarding wireless intemet availability and log-on instructions.
5) Advertisement in the Recreation and Parks brochure specific to wireless service availability in
Central and Aera Parks.
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER
January 15, 2009, 2:50PM:Saf
S:WDMINISTRATION DIVISIONWdmin Rpts~2009 Admins\Central Park-Aera Wi-Ff.dot
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ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009
ITEM: (~, ( ,
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director DEPARTMENT HEAD ~~.
Recreation & Parks Department
DATE: January 15, 2009 CITY ATTORNEY Z R ~ ~
CITY MANAGER
SUBJECT:
1) Agreement with California State Parks Foundation to accept Earth Day Grant ($3,000)
sponsored by P.G.&E.
2) Appropriate $3,000 from the California State Parks Foundation grant to the Recreation
& Parks Department, Park Operations Budget.
RECOMMENDATION:
Staff recommends acceptance and appropriation of grant.
BACKGROUND:
1) The agreement with The California State Parks Foundation, through a P.G.&E. sponsorship, is funding
statewide restoration and clean up projects on Earth Day April 25, 2009.
In December 2008, the Recreation and Parks Department applied for a grant opportunity that could fund a
tree planting project. The application consisted of a habitat restoration project along the bike path behind
The Park at River Walk. Staff was informed on January 8, 2009 that the City of Bakersfield's application
was approved for funding.
2) The $3,000 appropriation will go into the tree replacement account (011-5021-624-6032) and be used
to plant approximately forty (40) trees. These trees will replace the trees damaged by the bike path
beaver. The Tree Foundation of Kern, P.G.&E. and other groups will be volunteering their time to assist in
planting the tress on Earth Day April 25, 2009.
January 21, 2009, 8:30AM:mva
S:/ADMINISTRATION DIVISION/Admin Rpts/2009 Admins/California State Parks Foundation
. ',1.~
-~~ MINISTRATIVE REPORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: (,~¢ , r')1
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: January 15, 2009
CITY ATTORNEY
APPROVED
CITY MANAGER ~S
SUBJECT: Agreement between the City of Bakersfield and the County of Kern for $375,000 of City
Community Development Block Grant (CDBG) funds to install a spray area mini-park.
(Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City Council approved an amendment to the FY 2007-08 Action Plan in the amount of $375,000 last
fall 2007 for the design and construction of a wet play area and improvements. The spray area mini-park
will be located at the County owned Casa Loma Park which is located within the City of Bakersfield
metropolitan area at 493 East Casa Loma Drive. Total estimated cost for this project is $500,000 with the
remaining $125,000 coming from the County of Kern. Staff will assist the County by providing the County
with a copy of City Section 3 Guidelines and HUD construction bidding forms.
Improvements include the installation of wet playground equipment consisting of a circulation pump,
filtration system, and concrete base. The wet play area improvements will primarily benefit residents from
low income City and County neighborhoods. The County's Park and Recreation Department will construct
the improvements and will maintain and operate upon completion. The sub recipient agreement was
approved by the County on January 6, 2009.
S:1Admins\City Council\City Council Admins 2009\Casa Loma 09-Admin rev.doc
1 /15/2009 2:40 PM -
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ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009
AGENDA SECTION: Consent Calendar
ITEM: (p , Yl
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: January 13, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER_ J""
SUBJECT: Cooperative Agreement with the State of California Department of Transportation
(Caltrans) to widen Rosedale Highway between State Route 99 and State Route 43.
(Wards 2 and 4) (TRIP)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: The Rosedale Highway Widening Project is part of the Thomas Roads Improvement
Program (TRIP). Caltrans and the City of Bakersfield are working together on this project.
This cooperative agreement outlines the responsibilities of both the City and Caltrans regarding
development of the project and is necessary to complete the Environmental Document for the project.
January 15, 2009, 8:48AM
Tdw:G:\GROUPDATWDMINRPT\2009\01-28\Rosedale Highway Cooperative Agr.doc Project No. TRRH10
~ ~u ~,
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ADMINISTRATIVE REP
ORT
~ .~,~*
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MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: l~a . n •
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: January 20, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER- ,(~,S
SUBJECT: Amendment No. 1 to Agreement No. 05-024 with Niemeyer 8~ Associates, PC ($8,000) to
extend term four months to May 31, 2009 for track inspection services for the AMTRAK
Railroad from H Street to Union Avenue. (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Niemeyer & Associates has been performing track inspection services for the City of
Bakersfield's AMTRAK Railroad from "H" Street to Union Avenue under the current contract since January
26, 2005. That contract will expire on January 26, 2009. This extension of the current contract will allow
the City staff time to request qualifications and fee proposals for a new four year contract.
wgm
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1
1/20/2009 1:13:18 PM
G:IGROUPDAl1ADMINRPT\2009\01-28Wmendment No. 1 toAgreement No. 05.024.doc
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: .
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: January 16, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 07-184 with outside counsel, Griswold, LaSalle, Cobb,
Dowd & Gin, L.L.P., to provide legal services to handle right-of-way/eminent domain cases
for the Westside Parkway, in an amount not to exceed $150,000. (Wards 2, 4, and 5)
RECOMMENDATION:
Staff recommends approval of the second amendment to the Agreement.
BACKGROUND:
On June 27, 2007 the City and the law firm of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. entered into
Agreement No. 07-184 whereby Griswold, LaSalle agreed to handle six right-of-way/eminent domain
matters on behalf of the City for the Westside Parkway. The Agreement was amended on February 27,
2008 to increase the number of right-of-way/eminent domain matters to ten. The total contract amount
was $150,000.
The City is now in the process of obtaining temporary construction easements (`TCEs") in order to build a
sound wall along the east-west Phase II portion of the Westside Parkway. City staff has or is currently
negotiating acquisitions with most of the property owners who own approximately 80 parcels along this
alignment. It is estimated that the City will have to obtain five to ten of the TCEs through initiation of
eminent domain proceedings. The law firm of Griswold LaSalle has agreed to handle these legal matters
under the current contract amount; therefore, no additional funding is requested.
Funds to pay for attorneys' services have been budgeted in the Public Works Department and are covered
by State Transportation Improvement Program money.
$:\C~I~S~ILWdmins108-09 AdminsWttyAgr07-184Amd2.GriswoldLasSalle-WP.dot
January 16, 2009, 2:47PM
F A,~
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ADMINISTRATIVE .REPORT
„ u•
IF
MEETING DATE: January 28, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 30, 2008
A PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~P,S
SUBJECT: Contract Change Order No. 3 to Agreement No. 08-089 with Rudnick Fence Company
($42,900; for a revised not to exceed amount of $450,256) for the Mill Creek Linear Park -
Phase 1 Project (Ward 2).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: Contract Change Order No. 3 requires additional wrought iron fencing to secure the
electrical distribution equipment for the Mill Creek Phase 1 Project.
The Mill Creek electrical distribution equipment was designed to be temporarily fenced until a building,
which would include a restroom, could be constructed. Due to insuft'icient funds for the building, staff was
directed to find alternative solutions to secure the electrical distribution equipment. Staff determined that
enclosing the equipment with wrought iron fencing would be the most economical alternative while
complementing the aesthetics of the park.
As additional information, a prefabricated restroom will be built separately from the electrical distribution
equipment. This work is currently out to bid.
The net cost increase of Change Order 3 is $42,900. The change orders to date on this project reflect a
total cost increase of $51,256 (which is an increase of 12.8% of the original contract amount) as illustrated
below:
Original Contract Amount = $399,000
Amended Contract Agreement after Change Orders = $450,256
Net Increase to date = $ 51, 256
Pw/design
(tma)
(P8K157)
January 14, 2009, 3:28PM
G:IGROUPDATWDMINRPT12009\01-281Rudnick Fence Co. -Change Order.doc
pH~{
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ADMINISTRATIVE REPORT
. .
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: (~ , V ;
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: January 15, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Contract Change Order No. 14 and No. 15 to Agreement No. 07-304 with Security Paving
Construction ($66,044.74 for a revised not to exceed amount of $29,678,372.84) for the
State Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 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. 14 provides for the installation of an additional five (5) tiedown anchors required for
Retaining Wall #1. The tiedown anchor spacing is determined from the design load calculations. During
shop drawing review the design engineer determined that an additional five (5) tiedown anchors were
required that had not been shown on the original plans. This change order results in a net increase of
$28,625.00.
Change Order No. 15 provides for the resurfacing of Fairfax Road between Valley View Street and State
Route 178. Due to unexpected trench work within this area, the roadway has become heavily patched and
needs to be resurfaced. This change order results in a net increase of $37,419.74.
The net cost increase of Change Order No. 14 and No. 15 is $66,044.74. This provides a total cost
increase of $348,926.74, which is a 1.12% increase as illustrated below:
• Current Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10
• Previous Change Orders = $ 282,882.00
• Current Change Order No. 14 and 15 = $ 66,044.74
• Amended Contract Agreement after Change Orders = $29,678,372.84
Net Increase to date = $ 348,926.74
Adequate state/federal funds have been previously budgeted to cover these additional costs.
G:\GROUPDATWDMINRPT\2009\01-28Wdmin Rpt CCO 14-15 Fairfax Interchange Project -.doc Project # T7K021
A
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
January 16, 2009
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Reject bid for the Vapor Recovery Systems at the Corporation Yard and Police Department.
(VNard 2)
RECOMMENDATION: Staff recommends rejection of bid.
BACKGROUND: Invitations to bid were issued for the Vapor Recovery Systems at the Corporation Yard
and Police Department. One bid was received exceeding the budgeted amount. Staff recommends
rejection of the bid.
Staff will re-bid the project in an effort to obtain bids that are in line with the budget for this project.
AGENDA SECTION: Consent Calendar
ITEM: (a ~ .
Purchasing Division
S:~PURCHWDMIMReject Bids -Vapor Recovery System, 08-09-40, January 28, 2009.doc
January 16, 2009
A
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar ~~
ITEM: (p , ~-.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
January 13, 2009
APPROVED
DEPARTMENT HEAD--~'=~..-G
CITY ATTORNEY
CITY MANAGER ~S
Reject bid for Elevator Modernization for City Hall North. (Ward 2)
RECOMMENDATION: Staff recommends rejection of bid.
BACKGROUND: Invitations to bid were sent to over two hundred (200) bidders for elevator
modernization for City Hall North. One bid in the amount of $125,760 was received in response to the
solicitation. Due to current budget constraints staff recommends rejecting the bid and re-evaluating the
project at a later date.
Purchasing Division
S:IPURCHIADMIN~Rejed Bida -Elevator Modernization for CHN, 08-09-34, January 28, 2009.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: ~ , ~,~, ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
January 14, 2009
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~.S
Accept bid from Golden State Peterbilt in the amount of $242,780.51 for three (3)
replacement brush truck for the Recreation and Parks Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing brush
trucks for the Recreation and Parks Department.
Four (4) acceptable bids were received in response to solicitation and are as follows.
BIDDER AMOUNT
Golden State Peterbilt $242, 780.51
Bakersfield, California
Gibbs International Incorporated $243,362.09
Bakersfield, Califomia
Bakersfleld Truck Center $244, 732.03
Bakersfield, Califomia
Reynolds Buick/Pontiac/GMC Trucks Inc $270,696.80
Covina, California
The brush trucks to be replaced were scheduled for replacement in the 2003/2004 budget year and were
deferred due to budget cuts. With continued operation, staff anticipates major breakdowns and decreased
replacement part availability for these units that now exceed 12 years of age.
Staff finds the bid from Golden State Peterbilt, Bakersfield, Califomia to be acceptable and recommends
award of the bid.
Purchasing Division
Kb
S:~PURCHWDMIMBrush Trucks, 08-09-36, January 28, 2009.doc
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: (p, V,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
January 14, 2009
Accept bid from Nixon-Egli Equipment Company in the amount of $278,850.00 for one (1)
replacement street sweeper for the Public Works Department Streets Division. (Citywide)
APPROVED
DEPARTMENT HEAD ~'V.~
CITY ATTORNEY
CITY MANAGER ,~S
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing a street
sweeper for the Public Works Department Streets Division.
The street sweeper to be replaced has high maintenance costs and has increased downtime. This street
sweeper operates on diesel, the new street sweeper will be CNG powered and will operate cleaner than
diesel. The Kern Council of Governments through the Congestion Mitigation and Air Quality Program
(CMAQ) will fund $44,504.00 of the incremental cost difference between diesel and CNG.
Three (3) acceptable bids were received in response to solicitation and are as follows.
BIDDER AMOUNT
Nixon-Egli Equipment $278,850.00
Ontario, California
Hacker Equipment Company $286,666.38
La Verne, California
Kelly Equipment $309,630.13
Upland, California
Staff finds .the bid from Nixon-Egli Equipment, Ontario, California to be acceptable and recommends
award of the bid.
Purchasing Division
Kb
S:~PURCHIADMIN~.Street Sweeper, 08-09-37, January 28, 2009.doc
.~
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar
ITEM: (1,, yyl
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: January 15, 2009
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ,L~.S
SUBJECT: Traffic Signal and Lighting System Installation at the Intersections of: Harris Road and Old
River (Ward 5); Hosking Avenue and Union Avenue (Ward 7); and Jewetta Avenue and
Noriega (Ward 4):
Appropriate $200,078 federal Congestion Management Air Quality (CMAQ) funds
for the project at Harris Road and Old River; $200,078 federal CMAQ funds for the
project at Hosking Avenue and Union Avenue; and $200,078 federal CMAQ funds
for the project at Jewetta Avenue and Noriega to the Public Works Department's
Capital Improvement Budget within the SAFETEA-LU Fund.
2. Transfer $30,000 from a budgeted Public Works Department's Capital
Improvement Project (Miscellaneous Transportation Construction) to the project at
Jewetta Avenue and Noriega within the Transportation Development Fund for the
City's local match.
RECOMMENDATION: Staff recommends approval of appropriations and transfer.
BACKGROUND: These projects consist of installation of a complete traffic signal and lighting system at
the above referenced locations as well as modification of pavement markings and striping, and
reconstruction of access ramps to meet current American with Disabilities Act (ADA) requirements. The
majority (88.53°k) of these signals are federally funded through Congestion Mitigation and Air Quality
(CMAQ) funds.
Each of these three federally funded projects requires a local match of 11.47%. The local match for the
signals at Hams Road /Old River and at Hosking Avenue /Union Avenue is already budgeted. The traffic
signal at Jewetta Avenue and Noriega does not have any local match funds budgeted. Therefore, funds
need to be appropriated for the local match for this project. Staff .recommends transferring funds from a
budgeted Capital Improvement Project, Miscellaneous Transportation Construction, to fund the local
match for this project.
These traffic signals are currently in preliminary design with expected completion of final design in April
2009. Upon completion of the design the City of Bakersfield will request an "Authorization to Proceed with
Construction° from Caltrans. Upon approval the City will move forward with advertisement, bid opening
and award of contract by June 2009. Construction for these signals is anticipated to begin in August 2009.
PW/Design Engineering/nsg
January 15, 2009, 8:50AM
G:\GROUPDATWDMINRPT\2009101-28\CMAQ Signal Appropriadon.doc
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar -Hearings
ITEM: . lt. .
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: January 15, 2009
DEPARTMENT HEADc~
CITY ATTORNEY /~//~
CITY MANAGER ~S
SUBJECT: Hearing regarding adoption of Resolution making findings and updating the Capital
Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Wards 1-7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This item constitutes review of the funding mechanism for the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP). Developers pay a $2,145 per acre fee at grading plan approval stage to
compensate for direct and indirect impacts on endangered species habitat from urban development. The
funds are used to purchase and manage habitat consistent with the City's implementing agreement with
the U.S. Fish and Wildlife Service and California Department of Fish and Game. No change to the Capital
Improvement Plan (CIP) is recommended at this time.
Approved by .the City Council and Board of Supervisors in December 2006, and effective February 13,
2007, the fee paid by developers increased from $1,240 to $2,145 per acre to accommodate the recent
increases in land prices and search for suitable habitat lands to acquire for the program.
The City Council approved the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) on August
25, 1993. Following final approval by the U.S. Fish & Wildlife Service, the MBHCP became operational in
August of 1994. The permit terminates in year 2014. The preparation of the MBHCP and the protection
afforded by it was undertaken to provide a means whereby individuals and the development community in
the metropolitan Bakersfield area would be able to avoid costly project-specific mitigation in complying
with State and Federal Endangered Species Acts. The program received widespread support from the
development community and environmental groups.
The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement
between the City of Bakersfield and Kem County. The trust group is composed of representatives from
the City of Bakersfield and Kem County, and includes advisory members from the California Department
of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large public member.
The MBHCP document and Implementation/Management Agreement describe a CIP for utilization of the
accompanying mitigation fee. Pursuant to California Government Code Section 66002, the CIP must be
updated annually by the City and County. This report provides the basis for the annual update. Staff has
ADMINISTRATIVE REPORT Pa9.z
determined that the annual update of the MBHCP CIP is categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15308 of the State CEQA Guidelines.
The MBHCP was adopted jointly by the City of Bakersfield and Kem County to mitigate the effect of urban
growth on Federally and State protected plant and animal species within the 408-square mile Metropolitan
Bakersfield General Plan area. The Capital Improvement Plan (CIP) involves the use of mitigation fees to
offset the loss of endangered species habitat in the metropolitan Bakersfield area through the acquisition
and maintenance of non-urban habitat land. The $2,145 per acre fee covers land acquisition costs,
program administration, endowments for fencing and maintenance that are tied to the automatic raises by
the State. The program is self-supporting and requires no support funds from the city or county.
So far over 16,696 acres of endangered species habitat land have been credited to implementation of the
Habitat Conservation Plan. This places us ahead of the "take" as required by Federal and State law and
our agreement. The program has acted to acquire more than 640 acres of habitat mitigation land in 2008.
The CIP has operated successfully in meeting the program's obligations under the terms of our
agreements with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. It is
recommended that no changes in the CIP are necessary and that the update should be a confirmation of
the present plan. Staff will continue to monitor the adequacy of the CIP to ensure that the program meets
its obligations. Staff will also continue to monitor any changes that may take place in the State and
Federal Endangered Species Acts to determine the need to continue the program or to renegotiate the
terms of our incidental take permits from the California Department of Fish and Game and the U.S. Fish
and Wildlife Service.
The Kem County Board of Supervisors took action to adopt a resolution confirming the current CIP on
December 16, 2008. The MBHCP and Implementation/Management Agreement describe the estimated
costs of the program and indicate the extent and types of facilities (land) to be acquired with the funding
source and serve as the CIP for the MBHCP. Staff is recommending adoption of the resolution updating
the CIP for the MBHCP.
cg1 S:UiCP~cap imprv120091Adm rcpt-2009 hcpcip.dx
A1CE
~~C +cowrox~rta s~
!~ "'~ Cn
`~ ~ ~~•P ° ADMINISTRATIVE REPORT
L1
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Hearing Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
W. R. Rector, Chief of Police
January 16, 2009
CITY MANAGER ~S
Public Hearing to consider the proposed expenditure plan for the Supplemental Law
Enforcement Services Funding (S.L.E.S.F.) grant.
APPROVED
DEPARTMENT HEAD '
CITY ATTORNEY ~~
Appropriate $131,025.00 State Grant revenues to the Police Operating Budget
within the S.L.E.S.F. Fund.
RECOMMENDATION: Staff recommends approval of the proposed expenditures and appropriations.
BACKGROUND:
Since the passage of Assembly Bill (A63229) Citizen's Option for Public Safety in FY1996-97, the City of
Bakersfield Police Department has received an annual sum from the State's Supplemental Law
Enforcement Services Fund (S.L.E.S.F.). The program was designed to provide State funds to local law
enforcement agencies for the purpose of addressing current front line law enforcement needs. For each
year the City receives monies from the S.L.E.S.F., the Chief of Police must submit written requests to the
City Council specifying the front line law enforcement needs and those personnel, equipment and
programs that are necessary to meet those needs; and the City must conduct a public hearing to consider
the requests. This year the City is eligible to receive $524,100.00. However, per the California
Department of Finance, "legislation concurrent with the 2008 Budget Act now requires that COPS/JJCPA
payments to be distributed in four equal installments in September, December, March and June." This
hearing is for the first quarterly installment of $131,025.00
Per CA Government Code 30062, "moneys allocated from a Supplemental Law Enforcement Services
Fund (SLESF) to a recipient entity shall be expended exclusively to provide front line law enforcement
services. These moneys shall supplement existing services, and shall not be used to supplant any
existing funding for law enforcement services provided by that- entity."
The Chief of Police hereby requests approval for the amount of $131,025.00 to the Police Department's
operation budget for police operations.
\\citynas\homedirsldbransonl6PDWDMIN RPTS\ADMIN RPTS FY 08-09WDMIN RPT - (01-28-09) 2008-10 SLESF HEARING.doc
1/14I200911:27AM Page 1 of 1
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"iii~-„,r. ~r
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Consent Calendar Hearings
ITEM: '
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: January 20, 2009
APPROVED
DEPARTMENT HEAD l C.
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Public Hearing to consider Resolution to authorize the Bakersfield Redevelopment Agency
to transfer and sell 1.91 acres of Real Property located between "R" Street and "S" Street
and 14`h Street and California Ave. and hold a forgivable note for $1,000,001 to
CREEKVIEW VILLAS LLC. for the development of 36 affordable multi-family town-homes
as phase 2 of the South Mill Creek Mixed Use Redevelopment Project. (Ward 2).
1. Resolution approving the Sale of 1.91 acres of Real Property, located between "R"
Street and "S" Street and 14`h Street and California Ave. by the Bakersfield
Redevelopment Agency to CREEKVIEW VILLAS LLC. (Southwest Consulting Inc.),
and hold a forgivable note in the amount of $1,000,001. The note will be forgiven
upon completion of the project.
RECOMMENDATION:
Staff recommends adoption of resolution and approval of sale of real property.
BACKGROUND:
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 July of 2008, after an extensive developer interview and review process, Creekview Villas
LLC., was selected to move forward to the exclusive negotiation portion of the process to further discuss
the construction of 36 affordable multi-family town-homes.
This project is the second of four phases within the South Mill Creek Mixed-Use Redevelopment Project.
The scope of the project consists of constructing five three-story buildings on 1.91 acres containing 36
town-homes. The units will be three bedroom units, at approximately 1,794 square feet with a 431 square
foot garage. The town-homes will be affordable with an upscale urban design. The project will be adjacent
to the 1.5 mile Mill Creek Linear Park which will consist of a "natural creek waterway" and pedestrian
corridor that will incorporate public art, site furnishings, safety lighting, decorative safety fencing, and
landscaping. The project will also be directly across from 65,400 square feet of commercial space and the
61,000 square feet, 16-screen state of the art Maya Cinema. Approximately 2 parking spaces will be
S:1Admins\City Council\City Council Admins 2009\Creekview Villas 2.doc
1/20/2009 1:50 PM
ADMINISTRATIVE REPORT
Page 2
provided for each town-home unit. The DDA will restrict the units to low and moderate income households.
Due to the use of CaIHFA funds, 6 of the units will be sold to residents earning 80% of the area median
income and 29 town-homes will be sold at 120% of the area median income. One unit will be sold at
market rate.
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 February 2,
2009. Per the DDA, the Agency will convey the site to the Developer for $1 and take back a note for the
amount of $1,000,000. The take-back note will be forgiven when the project is completed and the units are
sold to qualified home buyers.
Originally, per the DDA, the Agency is to provide to the Developer $2 million in cash assistance to be used
to reimburse the Developer for eligible predevelopment and construction costs for the project. The cash
assistance will be provided in the form of a loan and will be funded with the Agency's CaIHFA funds. As
with the take-back note for the site purchase, the $2 million loan will be forgiven when the Project is
completed and sold to qualified home buyers.
In September 2007 the Bakersfield Redevelopment Agency (Agency) received a $1,000,000 CaIHFA
Residential Development Loan for property acquisition and a $2,000,000 commitment for construction
assistance for the Creekview Villas as phase II of the South Mill Creek Mixed-Use Redevelopment Project
CaIHFA informed the Agency staff on December 18, 2008, the construction commitment funds for the
Creekview Villas were effectively frozen until the State of California resolved the current budget deficit
problem.
Due to CaIHFA freezing the $2,000,000 construction assistance funds the Developer has proposed to
construct the first seven (7) units with private equity investor financing so the project can continue to move
forward. The Agency will continue to seek alternative construction assistance funds until CaIHFA releases
the frozen funds. The Agency and Developer will not be in breach of the DDA if the Agency cannot obtain
access to funds at reasonable cost and that the parties will, in that event, consider modifying the DDA if
necessary to facilitate project completion.
The Agency will also contribute up to $100,000 in financial assistance to each of the six buyers of the low-
income units in the project, for a total of up to $600,000. The amount of such assistance will be
determined by the Agency at a later time. Construction is anticipated to begin by Spring, 2009 with
anticipated completion by Spring, 2011.
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.
S:1AdminslCity CouncillCity Council Admins 2009\Creekview villas 2.doc
1/20120091:50 PM
ADMINISTRATIVE REPORT Page 3
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
a price not less than 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 $ 1,000,001 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. Disposition and Development Agreement For Use of $2.0 Million Ca1HFA Funds
This Disposition and Development agreement enables the Agency to administer the City's $2,000,000
CaIHFA funds as part of the construction assistance for the project should CaIHFA release the frozen
funds. The CaIHFA loan is at 3% simple interest and is to be repaid in 5 years. The Agency will agree to
comply with all statutes and regulations relating to the use of CaIHFA funds.
Conclusion:
Creekview Villas LLC, (Southwest Consulting) is a California based company with rock-solid experience in
public/private partnerships, which frequently results in award-winning projects. This impressive record of
accomplishment features successful, high-quality commercial retail and nationally recognized affordable
housing projects in communities throughout Southern California.
The town-home project will be located in an area convenient to amenities, and transportation. The
attractive design will serve the family target population by providing much needed affordable town-home
units which are in great demand in the area. In addition, the project will improve along-standing blighted
parcel of land within the Southeast Bakersfield Redevelopment Project Area.
S:Wdm)ns\City Council\City Council Admins 20091Creekview Villas 2.doc
1/20/20091:50 PM
A
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LL
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Closed Session
ITEM: ~. C1.
T0: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: January 13, 2009
~G
CITY MANAGER F-~
SUBJECT: Conference with Legal Counsel - Potenfia/ Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (One matter)
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY
VG:Isc
S:\000NCIL\CI SesaWdmins\08.09\1-2e-09.Potlk.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2009 AGENDA SECTION: Hearings
ITEM: ~ e.) . Ct .
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: January 9, 2009 CITY ATTORNEY '~~~
CITY MANAGER _~
SUBJECT: Resolution denying an appeal by McIntosh and Associates on behalf of the Nickel Family, LLC,
and upholding the Board of Zoning Adjustment's decision approving Conditional Use Permit No.
08-1482 on 13.97 acres in an R-1(One-Family Dwelling) zone district located at 18200 Highway
178. (Ward 3)
RECOMMENDATION:
Staff recommends adoption of a Resolution.
BACKGROUND:
On November 17, 2008, the Board of Zoning Adjustment (BZA) approved Conditional Use Permit No. 08-1482,
permitting the construction of four 2,400 square foot bungalows on the site of an existing residential care facility
for mentally disabled persons to increase the capacity of the facility from 30 to 54 beds. The project site is
located at 18200. Highway 178 near the mouth of the Kem River Canyon in an R-1 (One-Family Dwelling) zone
district.
McIntosh and Associates on behalf of The Nickel Family, LLC, a neighboring property owner, filed an appeal of
the BZA's decision on November 26, 2008. The reason for the appeal is the absence of a requirement to
construct curb, gutter, sidewalk, and street improvements along the site's approximately 1,100 feet of Highway
178 frontage. A condition of approval requires the applicant to dedicate additional right-of-way along the site's
Highway 178 frontage to Caltrans standards. The subject property is surrounded by property owned by The
Nickel Family, LLC, for which a general plan amendment and zone change to allow for the development of 1,863
acres, including 4,052 single-family homes, 636 multi-family units, and 64 acres of commercial development, is
currently in process. The Nickel Family, LLC is concerned that if the applicant is not required to construct
improvements along the site's 1,100 feet of Highway 178 frontage, at some point in the future they will be
required to construct these "gap" improvements as part of their proposed development.
As proposed, expansion of the residential care facility from 30 to 54 beds vwuld result in a much less intense
use of the subject property than is permitted in accordance with the site's zoning classification and general plan
designation, approximately 100 single-family homes, particularly with respect to traffic generation. The subject
property is situated within a rural area, approximately five miles from the nearest curb, gutter and sidewalk
improvements along Highway 178. The likelihood of the immediately surrounding area becoming urbanized
within the near future is highly speculafive at this time.
"BM" S:1BZA SPR\CUP12008W8-148218200 Highway 178 -expansion of residentlal care facility\CC Admin Report.doc
ADMINISTRATIVE REPORT
Page 2
Because of the rural nature of the surrounding area and the low intensity of the proposed expansion, requiring
the construction of curb, gutter, sidewalk, and street improvements along the site's Highway 178 frontage is not
warranted. In fact, the imposition of this requirement could renderthe proposed expansion financially infeasible,
which would result in both the loss of right-of--way dedication for the future expansion of Highway 178 as well as
the loss of an opportunity to expand services for the communitys mentally disabled population. Furthermore,
absent the dedication of right-of--way by the applicant in conjunction with the current proposal, if another party is
ultimately responsible for improving Highway 178 along the site's frontage, in addition to constructing the
improvements that party would also need to acquire a portion of the applicant's property.
"BM" S:1B2A SPR\CUP12008108-148218200 Highway 178 -expansion of residentlal care fadlity\CC Admin Reportdoc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 14, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Councilmembers Carson,
Benham, Weir, Couch, Hanson, Sullivan
Absent: Vice-Mayor Scrivner
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a. Report on status of professional baseball in
Bakersfield.
City Manager Tandy gave an oral report.
4. CLOSED SESSION
a. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for Robert Pratt
v City (KCSC Case Nos. S-1500-CV-253264-AEW,
S-1500-CV-259414-AEW & S-1500-CV-261666-
AEW)
b. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. Maria Stewart v Mark Calvillo, City, et al
(USDC, Eastern District, Case No. 1:07-CV-
00495-LJO-NEW)
2. Michael Stewart v City, et al (KCSC Case
No. S-1500-CV-258510-LPE)
ACTION TAKEN
c. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6
Bakersfield, California, January 14, 2009 -Page 2
4. CLOSED SESSION continued ACTION TAKEN
Motion by Councilmember Hanson to adjourn the APPROVED
meeting to Closed Session at 5:46 p.m. AB SCR/VNER
Motion by Councilmember Benham to adjourn from APPROVED
Closed Session at 6:54 p.m. AB SCR/VNER
RECONVENED MEETING - 7:01 p.m.
5. ROLL CALL
Present: Mayor Hall, Councilmembers Carson,
Benham, Weir, Couch, Hanson, Sullivan,
Absent: Vice-Mayor Scrivner
6. INVOCATION by Councilmember Carson.
7. PLEDGE OF ALLEGIANCE by Lian McQueen, 3rd Grade
Student at Del Rio Elementary School.
Mayor Hall recognized Boy Scout Troop 16 and
Troop Leader Steve Gardener; Boy Scout Troop
333 and Troop Leader Tim Hoyt; and Boy Scout
Troop 712 and Troop Leaders Jeff Dunn and Jack
Griffith.
8. CLOSED SESSION ACTION
a. Conference with Legal Counsel -Existing Litigation; DIRECTION GIVEN
Closed Session pursuant to subdivision (a) of TO CITYATTORNEY
Government Code Section 54956.9 for Robert Pratt
v City (KCSC Case Nos. S-1500-CV-253264-AEW,
S-1500-CV-259414-AEW & S-1500-CV-261666-
AEW)
b. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. Maria Stewart v Mark Calvillo, City, et al
(USDC, Eastern District, Case No. 1:07-CV-
00495-LJO-NEW)
2. Michael Stewart v City, et al (KCSC Case
No. S-1500-CV-258510-LPE)
c. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
Bakersfield, California, January 14, 2009 -Page 3
9.
PRESENTATIONS
ACTION TAKEN
10
11.
a. Presentation by Mayor Hall of a Proclamation to
Erica George, Miss Teen Bakersfield 2008,
declaring January 14, 2009 as Erica George Day.
City Clerk McCarthy announced this item was
removed from the Agenda.
PUBLIC STATEMENTS
a. David Gordon spoke regarding the Big Read
Literacy Program kickoff and provided written
information.
APPOINTMENTS
a. One appointment to the Golden Empire Transit
District Board due to the expiration of term of
Howard Silver, term expired January 6, 2009.
City Clerk McCarthy announced there is one
position available and one applicant: Howard Silver.
Motion by Councilmember Hanson to reappoint Howard
Silver to the Golden Empire Transit District Board.
b. Appointments to City Council Committees and other
special committees and boards by Vice-Mayor
Scrivner for 2009-2010.
City Clerk McCarthy read into the record Vice-Mayor
Scrivner's appointments.
BUDGET AND FINANCE
Harold Hanson - Chairperson
Irma Carson
Ken Weir
COMMUNITY SERVICES
Jacquie Sullivan -Chairperson
Sue Benham
David Couch
SAFE NEIGHBORHOODS
Irma Carson -Chairperson
Sue Benham
Jacquie Sullivan
LEGISLATION AND LITIGATION
Sue Benham -Chairperson
David Couch
Jacquie Sullivan
REMOVED
APPROVED
AB SCR/VNER
Bakersfield, California, January 14, 2009 -Page 4
11. APPOINTMENTS continued ACTION TAKEN
Item 11.b. continued
PERSONNEL
Ken Weir -Chairperson
Irma Carson
Zack Scrivner
PLANNING AND DEVELOPMENT
Zack Scrivner -Chairperson
Harold Hanson
Ken Weir
WATER RESOURCES
David Couch - Chariperson
Harold Hanson
Zack Scrivner
KERN COUNCIL OF GOVERNMENTS
Zack Scrivner
Harold Hanson (alternate)
KERN ECONOMIC DEVELOPMENT
CORPORATION
Donna Kunz -Appointee
KERN COUNTY MUSEUM AUTHORITY
Harvey L. Hall -Appointee
SOLID WASTE MANAGEMENT ADVISORY
COMMITTEE
Ken Weir -Appointee
Harold Hanson -Alternate
PLANNING COMMISSION LIAISON
Zack Scrivner
LAFCO
David Couch -Appointee
Harold Hanson -Alternate
SAN JOAQUIN VALLEY AIR
POLLUTION CONTROL DISTRICT
Zack Scrivner -Appointee
Motion by Councilmember Hanson to ratify Vice-Mayor APPROVED
Scrivner's appointments. AB SCR/VNER
Bakersfield, California, January 14, 2009 -Page 5
12.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the December 17, 2008
Regular City Council Meeting.
Payments:
ACTION TAKEN
b. Approval of department payments from December
5, 2008 to December 31, 2008 in the amount of
$30,293,773.59 and self-insurance payments from
December 5, 2008 to December 31, 2008 in the
amount of $382,490.10.
Ordinances:
c. First Reading of Ordinance amending Municipal
Code Section 16.08.155 adding a definition of timely
filing of a final map and Chapters 16.20 & 16.22
adding related text for timely filing procedures.
d. First Reading of Ordinance amending Municipal
Code Sections 1.12.010, 1.12.040 and 1.12.050 by
adding Annexation No. 560 consisting of 7,484
square feet located south of Blomquist Drive, east of
McDonald Way and north of Belle Terrace;
Annexation No. 577 consisting of 0.52 acres located
north of Belle Terrace and Annexation No. 577
consisting of 0.52 acres located north of Belle
Terrace, south of Blomquist Drive and east of Fiorito
Street to Ward 1, Annexation No. 555 consisting of
42.73 acres located on the north side of Snow
Road, west of the Calloway Canal to Ward 4 and
Annexation No. 496 consisting of 44.9 acres located
south of McCutchen Road, west of Gosford Road to
Ward 5.
e. Adoption of the following Ordinances (FR 12117108):
Amending Section 2.40.050 § A relating to
powers and duties of Director and Assistant
Director of Emergency Services.
2. Amending Section 17.64.060 § E relating to
modifications and conditional use permits.
3. Amending Section 15.66.030 §A.3.b.iii &
C.1 relating to drilling for and production of
petroleum permits, and Section 15.66.040 §
C.2, C.3 & C.7.b relating to development
standards for Class 1 permits.
ABS WEIR
FR
FR
ORD 4556
ORD 4557
ORD 4558
Bakersfield, California, January 14, 2009 -Page 6
12. CONSENT CALENDAR continued
Item 12.e.4. continued
4. Deleting Section 17.68.020 §G relating to
unreinforced masonry buildings.
Resolutions:
Resolution supporting the sale of PG&E Kern Power
Plant property to World Oil Corp.
g. Sewer Connection Fee Assessment:
Resolution confirming assessments for the
connection fee and authorizing the collection
of assessments by the Kern County Tax
Collector.
2. Agreement with William L. Carr and Alma P
Carr, 2517 Teresa Way, to pay connection
fee in installments of notice of special
assessment lien.
COPLINK Data Management/Exchange Software
for the Police KC Re-Dex Project:
Resolution determining that data
management and exchange software
compatible with both police records
management system (Versaterm) and
exchange software used by majority of
California law enforcement agencies in
Southern California cannot be reasonably
obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefore
and purchase one COPLINK data
management and exchange software system
from Knowledge Computing Corp., not to
exceed $145,000.
2. Agreement with Knowledge Computing
Corp. ($145,000) to purchase COPLINK
Software to provide the Police Department
the platform to host the Kern County Data
Exchange.
3. Appropriate $100,000 Asset Forfeiture funds
to the Police Department Capital
Improvement Budget within the Capital
Outlay Fund for the Kern Law Enforcement
Re-Dex Project.
ACTION TAKEN
ORD 4559
REMOVED FOR
SEPARATE
CONSIDERATION
RES 002-09
AGR 09-001
RES 003-09
AGR 09-002
Bakersfield, California, January 14, 2009 -Page 7
12. CONSENT CALENDAR continued
Agreements:
Cooperative Agreement with the State of California
Department of Transportation for the Hageman
Flyover Project. (TRIP)
Auburn Street Realignment Project:
Approve Memorandum of Understanding
regarding the exchange of real property
with Canyon Hills Assembly of God Church
(Canyon Hills) for the project.
2. Approve Agreement with Canyon Hills
Assembly of God Church for the installation
of landscape and irrigation system in the
medians.
3. Approve Landscape Maintenance and
License Agreement with the Canyon Hills
Assembly of God Church for the
maintenance of landscape and irrigation
system in the medians.
4. Approve Amendment No. 2 to Agreement
PW 07-097 with Ruettgers and Schuler Civil
Engineers ($32,234.45; total not to exceed
$71,734.45) for engineering design services.
5. Accept low base bid and award contract to
Griffith Company ($1,079,488) to construct
Auburn Street Realignment.
k. Amendment No. 1 to Agreement No. CA08-013 with
Aleshire & Wynder, LLP (total not to exceed
$80,000) for outside legal services for
redevelopment and/or other miscellaneous matters
as directed by City Attorney.
Amendment No. 1 to Agreement No. 06-173 with
Columbus Avenue Housing Partners assigning its
interest to Columbus Haven, LP (GEAHI-II) for the
construction of a 56 affordable apartment complex
(Residences at West Columbus) located at 500
West Columbus Street.
m. Amendment No. 1 to Agreement No. 06-208 with
Dokken Engineering ($2,272,000; total not to
exceed $6,685,674) for engineering design services
for the Westside Parkway Project Phase IV. (TRIP)
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 09-004
AGR 09-005
AGR 09-006
AGR 09-007
AGR 09-008
AGR 09-009
AGR 06-173(1)
AGR 06-208(1)
Bakersfield, California, January 14, 2009 -Page 8
12. CONSENT CALENDAR continued
n. Amendment No. 5 to Agreement No. 04-214 with
Parsons Water and Infrastructure ($1,976,884; total
not to exceed $14,943,480) for design and
construction services for Wastewater Treatment
Plant No. 3 - 2007 Expansion Project.
o. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
Contract Change Order No. 4 to Agreement
No. 07-302 with Kiewit Pacific Corp.
($399,495; total not to exceed
$212,318,515).
2. Transfer $399,495 contingency established
for Wastewater Treatment Plant No. 3
Expansion Project to the Public Works
Department Capital Improvement Budget.
Bids:
p. Accept bid and award contract to Carrier Corp.
($48,896) for replacement of the cooling tower at the
Convention Center.
q. Extend bid from Blackhole Technologies, Inc.
($99,857.26) for 140 additional vehicle on-board
tracking systems (GPS units) for the Public Works
Department.
r. Reject bids for roof replacement at Martin Luther
King, Jr. Center, 1000 South Owens Street.
Miscellaneous:
s. Appropriate $20,000 contribution from Parsons
Corp. for landscape improvements at Aera Park to
the Recreation & Parks Capital Improvement budget
within the Capital Outlay Fund.
t. Right of Entry Agreement with PG&E to replace 34"
natural gas line on city owned property (future
Sports Village site located on the north side of Taft
Highway between Ashe Road and Gosford Road) in
the amount of $90,500.
City Clerk McCarthy announced correspondence was
received from World Oil Corp. in support of item 12.f.
ACTION TAKEN
AGR 04-214(5)
AGR 07-302
0004
AGR 09-010
AGR 09-011
Councilmember Weir announced he would abstain due
to conflict of interest, source of income on item 12.b.
Bakersfield, California, January 14, 2009 -Page 9
12.
12.
13.
14.
15.
CONSENT CALENDAR continued ACTION TAKEN
Motion by Councilmember Hanson to approve Consent APPROVED
Calendar items 12.a. through 12.t., with the removal of AB SCRIVNER
items 12.f. and 12.i. for separate consideration, as
requested by Councilmember Couch.
CONSENT CALENDAR continued
f. Resolution supporting the sale of PG&E Kern Power RES 001-09
Plant property to World Oil Corp.
Motion by Councilmember Couch to approve Consent APPROVED
Calendar item 12.f. AB SCRIVNER
i. Cooperative Agreement with the State of California AGR 09-003
Department of Transportation for the Hageman
Flyover Project. (TRIP)
Motion by Councilmember Couch to approve Consent APPROVED
Calendar item 12.i. AB SCRIVNER
CONSENT CALENDAR HEARINGS
None.
HEARINGS
None.
REPORTS
a. Update on Capital Improvement Program Budget.
Assistant Public Works Director Underwood
introduced Arnold Ramming, Civil Engineer IV, of
the Design Division for the Public Works Division
Department, who provided an overview of the
Capital Improvement Program.
Councilmember Benham requested staff start planning APPROVED
for the landscape at the southeast corner of 24th and AB SCRIVNER
Oak streets.
Motion by Councilmember Hanson to accept the report.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
Bakersfield, California, January 14, 2009 -Page 10
18. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Councilmember Couch thanked staff.
Councilmember Benham referred to staff
correspondence concerning the impact of the TRIP
project at 901 Mohawk Street.
Councilmember Benham asked staff to look at making
sidewalk repairs at 2000 K Street.
Councilmember Benham asked staff to look into
repairing fhe alley behind 4201 California Avenue.
Councilmember Benham asked staff for assistance in
responding to a constituent regarding Dish TV.
Councilmember Hanson asked staff to respond to a
citizen with numerous concerns relating to Police,
Public Works and Parks.
Councilmember Hanson congratulated Mayor Hall on his
Installation on January 5th
Councilmember Carson announced she is looking forward
to celebrating the upcoming Presidential Inauguration.
Councilmember Carson pointed out that various activities
are occurring next week relating to the Martin Luther King,
Jr. Holiday.
Councilmember Carson requested that the meeting be
adjourned in honor of the memory of Gemelia Hall Herring,
one of the founding family members of Allensworth.
Councilmember Sullivan announced she was also at the
Installation Ceremony for Mayor Hall, appreciates
everything he does for the community, and wished him well
in his new term.
Councilmember Sullivan announced her thoughts are with
Vice-Mayor Scrivner and his wife, Christina, as they await
the birth of their new baby.
Councilmember Sullivan asked staff to check on who is
responsible for repairing the block wall that someone
has run into in southwest Bakersfield.
Bakersfield, California, January 14, 2009 -Page 11
18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan stated she felt that there
should not be "no burn" days between Thanksgiving
and January 15t, and would like to see this
recommendation made to the San Joaquin Valley Air
Pollution Control District.
Councilmember Sullivan asked that Stockdale Highway
be added to the list for median upgrades.
Councilmember Sullivan wished everyone a Happy New
Year.
Mayor Hall announced he looks forward to another four
years of continuing to serve the residents of Bakersfield.
Mayor Hall encouraged any persons or groups interested in
getting involved in beautifying Bakersfield because the City
is in need of volunteers to help with various beautification
efforts, through Keep Bakersfield Beautiful Committee.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:54 p.m. in honor
of Mrs. Gemelia Hall Herring.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield