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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: krt 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: krt A ~ ~ ti ~ 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 A 'L 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: ndw A ~~ ~ d 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 A ~ ~ ~ U ADMINISTRATIVE REPORT ~ W 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 S B h 018-072-23 $ 800.00 r ue en am 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 ~ ~ i ° 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 `~,~~k ~, ~ ~ ~ cn U ~ C n* 0 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 - ` D Oy ~ ; / 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 ~, ~ „ • ADMINISTRATIVE REP ORT ~ .~,~* / 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 KAM604 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,~ ~ ~ ~ U ~ 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~{ ~ ~ I 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 i r, ~ ~' -3 ~ S l.l.::i Ali . I "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 ~ ~ i~ U ~y 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