HomeMy WebLinkAbout05/20/09_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
• AGENDA
MEETING OF MAY 209 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Minister Gurujodha S. Khalsa, Guru Ram Das Academy/Gurdwara.
3. PLEDGE OF ALLEGIANCE by Sarah Varela, 5th Grade Student at Olive Knolls School.
4. PUBLIC STATEMENTS
5. WORKSHOPS
a. Presentation by Ronald Brummett, Executive Director, Kern Council of Governments,
regarding SB375 (Steinberg).
6. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Herb Walker honoring his beautification
efforts in downtown Bakersfield.
b. Presentation by Mayor Hall of a Proclamation to Raul Rojas, Public Works Director, honoring
National Public Works Week.
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 6, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from April 24, 2009 to May 7, 2009 in the amount of
$8,296,174.75 and self-insurance payments from April 24, 2009 to May 7, 2009 in the
amount of $144,237.79.
Ordinances:
(Ward 1) c. Adoption of Ordinance amending Municipal Code Section 1.12.010 by adding Annexation
No. 594 consisting of 49.74 acres located on the northwest corner of Cottonwood Road and
E. Panama Lane to Ward 1. (FR 05108109)
Resolutions:
d. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of the assessments by the Kern County Tax
Collector.
e. Resolution adopting Identity Theft Prevention Program.
Resolution determining that certain microwave radio equipment cannot be obtained through
the usual bidding procedures and authorizing the Finance Director to dispense with bidding
therefore and purchase equipment from Harris Stratex Networks, Inc., not to exceed
$120,000.
8. CONSENT CALENDAR continued
g.
Neighborhood Stabilization Program:
1. Resolution authorizing the execution of the Neighborhood Stabilization Program
funded Land Banking Program.
2. Resolution authorizing the execution of the Neighborhood Stabilization Program
funded Downpayment Assistance Program.
h.
Resolution finding a severe fiscal hardship will exist if additional local property tax funds are
seized by the State of California.
(Ward 2) i.
Resolution of Intention No. 1634 to order the vacation of a portion of 14th Street, 13th Street,
R Street and alley west of R Street.
j.
Resolution of Intention No. 1636 preliminarily adopting, confirming and approving the Public
Works Director's Report for the Consolidated Maintenance District and 2009-2010 budget;
setting time and place for hearing protests on the amount of park landscaping assessments
to be levied throughout the Consolidated Maintenance District.
k.
Resolution of Intention No. 1637 preliminarily adopting, confirming and approving the Public
Works Director's Report for the Consolidated Maintenance District and 2009-2010 budget;
setting time and place for hearing protests on the amount of street and median landscaping
assessments to be levied throughout the Consolidated Maintenance District.
1.
Resolution of Intention No. 1638 preliminarily adopting, confirming and approving the Public
Works Director's Report for the Traffic Signal Maintenance District and 2009-2010 budget;
setting time and place for hearing protests on the amount of traffic signal assessments to be
levied throughout the Traffic Signal Maintenance District.
Agreements:
(Ward 4) M.
Relocate transmission lines and tower at the intersection of Buena Vista Road and Campus
Park Drive:
1. Agreement with P. G. & E. ($373,365) to relocate transmission lines and tower.
2. Appropriate $373,365 Transportation Development Fund balance to the Public Works
Capital Improvement Budget.
(Ward 2) n.
Agreement with Niemeyer & Associates, PC ($150,000) for Bakersfield Amtrak Railroad
Track Inspection Services for a 4 year period (June 1, 2009 through May 31, 2013).
(Ward 2) o.
Agreement with Big West of California, LLC ($2,750,000) to purchase real property located
on the east side of Mohawk Street south of Rosedale Highway for the Westside Parkway.
(TRIP)
(Ward 2) p.
Agreement with James E. Gribben, et al ($40,800) to purchase real property located on the
corner of Mohawk Street and Rosedale Highway for the Westside Parkway. (TRIP)
(Ward 2) q.
Agreement with Nolte Associates, Inc. ($6,033,246.42) for construction management
services for Westside Parkway - Phase Il. (TRIP)
(Ward 2) r.
Mill Creek Linear Park Expansion:
1. Agreement with Catholic Charities of Diocese of Fresno ($725,000 - Community
Development Block Grant Funds) to purchase real property located at 525 18th Street.
2. Transfer $60,000 CDBG Contingency funds from the Operating Budget to the Capital
Improvement Budget within the Community Development Block Grant Fund to Mill
Creek Linear Park Improvements.
2 City Council Meeting of 05/206/2009
8. CONSENT CALENDAR continued
s. Agreement with SMG/Rabobank and California Interscholastic Federation (not to exceed
$40,000) for event contribution to hold State Championship High School Basketball in
Bakersfield.
t. Agreement with SMG/Rabobank and California Interscholastic Federation (not to exceed
$150,000 - 3 year term) for event contribution to hold State Championship High School
Wrestling in Bakersfield.
(Ward 1) U. Agreement with Golden Empire Affordable Housing, Inc. ($1,092,219 - HOME Investment
Partnership funds and HOME-CHDO funds) for the construction of a 24 unit supportive
housing development located on approximately 2.01 acres at the northeast corner of S.
Union Avenue and White Lane.
(Ward 3) v. Amendment No. 2 to Agreement No. 02-062 with PB Americas, Inc., formerly Parsons
Brinckerhoff Quade & Douglas, Inc., ($230,000; revised total not to exceed $1,505,081) for
additional out of scope activities during design and construction phases, and to extend the
time of completion for construction support services for the State Route SR-178 and Fairfax
Road interchange project.
W. Amendment No. 1 to Agreement No. 08-120 with Crop Production Services, formerly
Western Farm Service, Inc., ($200,000; revised total not to exceed $632,125.38) extending
the term for one (1) year for chemical insecticides/herbicides.
Bids:
(Ward 5,6) X. Accept bid and award contract to Griffith Co. ($2,335,995) for pavement reconstruction on
White Lane from Gosford Road to Ashe Road.
(Ward 4) y. Accept bid and award contract to Lee Wilson Electric ($124,888.72) for traff ic signal and
lighting systems installation at Jewetta Avenue and Noriega Road.
(Ward 6) Z. Accept bid and award contract to Kern Pacific Construction Co. ($677,395) for sewer
improvements - McCutcheon Road from Wastewater Treatment Plant No. 3 to Ashe Road
and, Ashe Road from 450' north of McKee Road to McCutcheon Road.
(Ward 3) aa. Accept bid and award contract to A. C. Electric Co. ($155,662) for traff ic signal and lighting
system installation on Panorama Drive at Meadow Vista Street.
Miscellaneous:
(Ward 4) bb. Appropriate $166,688 Federal Regional Surface Transportation Program (STP) funds to the
Public Works Department Capital Improvement Budget within the SAFETEA-LU Fund for the
resurfacing of Calloway Drive from Rosedale Highway to Meacham Road project.
(Ward 2,7) cc. U. S. Department of Housing & Urban Development (HUD) FY 08/09 Action Plan &
Consolidated Plan 2010 Substantial Amendment for Community Development Block Grant -
Recovery Funds in the amount of $897,462.
Staff recommends adoption of Consent Calendar items a through cc.
9. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
RECESS TO CLOSED SESSION
10. CLOSED SESSION ACTION
11. DEFERRED BUSINESS
3 City Council Meeting of 05/206/2009
12. CONSENT CALENDAR HEARINGS
(ward 3) a. Public Hearing to consider Resolution ordering the vacation of a portion of Auburn Street
from Morning Drive to approximately 1,300 feet west. (Staff recommends adoption of
resolution.)
b. Public Hearing to consider adoption of the 2008-2035 Regional Transportation Facilities
Impact Fee List - Phase IV, fee schedule and nexus report. (Staff recommends continuation
to a future meeting date, with staff to re-notice.)
13. HEARINGS
14. REPORTS
a. Department Budget Presentations:
1. Recreation and Parks
2. Fire Department
3. Police Department
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
05/12109 3:45Pm
4 City Council Meeting of 05/206/2009
AGENDA HIGHLIGHTS
May 20, 2009 COUNCIL MEETING
REGULAR MEETING - 5:15 D.M.
CONSENT CALENDAR
Resolutions:
Item 8g. Neiahborhood Stabilization Program. Approval of the first Resolution will allow staff to enter
into purchase agreements with various lenders to acquire abandoned or foreclosed properties at a
discounted price for the Land Banking Program. Approval of the second Resolution under this item will
allow staff to enter into down payment assistance loan agreements with eligible homebuyers, pursuant to
the terms and regulations under the Neighborhood Stabilization Program.
Item 8h. Resolution FindinqLg Severe FBI Hardship Will Exist if Additional Local Property Tax Funds
are Seized bVthe State of California. The Governor is proposing to borrow $2 billion worth of property
tax revenue from local governments throughout California to help deal with the state's ongoing budget
crisis. If this proposal became part of the state budget, it could cost the City $6.5 million dollars in lost
revenue. This Resolution conveys the position of the City that any additional state capture of local
property tax revenue would result in a serious fiscal hardship for the City, above and beyond the fiscal
hardship the City is already dealing with. The Resolution also calls for the Legislature and Governor to
reject any proposal that includes the taking of local government revenues by the state.
Aareements
Item 8m. Aareement with PG&E to Relocate Transmission Lines and Tower at the Intersection of
Buena Vista Roa"nd Campus Parg Drive in the amount of $373.365. The relocation of these facilities
is required In order to widen the above referenced intersection. The Metropolitan Bakersfield
Transportation Impact Facilities List specifies this relocation as an improvement. Therefore, this item will
also appropriate $373,365 from the Transportation Development Fund to the Public Works Department's
Capital Improvement Budget for this project. Upon execution of this Agreement, PG&E will relocate the
facility and the developer(s) of adjacent tracts will complete the road improvements.
Item 8o. Arc regiment with Bia West of California. LLC to Purchase Real Property Located on the Eapt
Side of Mohawk Street South of Rosedale Hiahwav for the Westside Parkwav in the amount of
L2.750.000. The City has been acquiring properties for the Westside Parkway for over 15 years. This
acquisition consists of several parcels that comprise approximately 80 acres total.
Item 8q. Agreement with Nolte Associates. Inc for Construction Mamement Services for Westside
Parkwav - Phase II in the amount of $6.033.246.42. This Agreement is for Construction Management
Services for the second phase of the Westside Parkway project, which involves the construction of a new
six lane freeway from Mohawk Street to West of Calloway Drive, including new bridges at Coffee Road,
Calloway Drive and Jewetta Avenue.
Item Or. Agreement with Catholic Charities of Diocese of Fresno to Purchase Real Prooertv Located at
525 18th Street for the Mill Creek Linear Park Expansion in the amount of $725.000 (CDBG Funds). This
property is located on the south side of 18'" Street, directly east of and adjacent to the Kern Delta Canal,
which is currently being transformed into the Mill Creek Linear Park. The existing structures on the
property will be demolished to allow for the development of the park. This project will provide
recreational and urban open space opportunities along the linear park and will help to revitalize the
community in the area.
Item 8u. Aareement with Golden Empire Affordable Housing. Inc. for the Construction of a 24 Unit
Sugportive Housing Development Located on Approximalt2.01 Acres at the Northeast Corner of S.
Union Avenue and White Lane in the amount of $1.092.219 (HOME Investment Partnership Funds and
HOME-CHDO Funds). Golden Empire Affordable Housing, Inc. is requesting $600,000 in HOME funds
and $492,219 in HOME CHDO funds from the City to assist in the construction of 24 units of permanent
supportive housing. This project will serve mentally ill homeless individuals with low to very low income.
Golden Empire will operate and maintain the properties.
Item 8v. Amendment No. 2 to an Aareement with PB Americas. Inc for Additional Out of Scope Activities
Durina Design and Construction Phases and to Extend the Time of Completion for Construction Support
Services for the SR-178 and Fairfax Road Interchange Protect in the amount of $230.000. revised total
not to exceed $1.505.081. This Amendment will increase PB Americas scope of work for revising the
plans for the project to reflect changes to the Caltrans standard plans and specifications that occurred
during the latter part of the project design and construction phases. The Amendment will also extend
PB's construction support services to September 2009, to include post construction responsibilities
typical of the engineer of record for Caltrans projects.
Item 8w. Amendment No. 1 to an Aareement with Crop Production Services Extending the Term for
One (1) Year for the Annual Conqkct for Chemical lnsecficides/HerWoes in the amount of $200.000.
revised totDI not to exceed $632.125.38. This Amendment will allow the City to extend the existing
Annual Contract for insecticides and herbicides for a term of one year, as provided under the original
Agreement. This will allow the City to continue working with a good provider.
Item 8x. Accept Bid and Award Contract to Griffith Co. for Pavement Reconstruction on White Lane
fLorn Gosford Raod to Ashe Road the amount of $2.335.995. This project includes reconstructing the
existing pavement structural section, modification of access ramps, curb & gutter, pavement markings
and striping and traffic signal detector loops. The project is federally funded through the Regional
Surface Transportation Program (88.53%) along with a local match share (11.47°/x). A total of five (5)
bids were received with Griffith being the lowest.
Item 8y. Acce Bid and Award Contract to Lee Wilson Electric for Traffic Signal and Liahtinq Systems
ns I tion at JewetJ@ Avenue and Noriec@ Road in the amount of $124.888.72. This project includes
installing a complete signal and lighting system, modification of pavement markings and stripping and
reconstruction of access ramps. This project is federally funded through the Congestion Mitigation and
Air Quality program (88.53%) along with a local match share (11.47%). A total of six (6) bids were
received with Lee Wilson Electric being the lowest.
Item 8z Accept Bid_gnd Award Contr canto Kern Pacific Conxtruction Co. for Sewer lmorovement~-
McCutcheon Road from Wastewater Treatment Plant No. 3 to Ashe Road and Ashe Road from 450'
North of McKee Road to McCutcheon Road in the amount of $677.395. This project includes installing a
new sewer line within the vicinity of Wastewater Treatment Plant No. 3. and is part of the Ashe Road
Street Improvements within the vicinity of the proposed Sports Village. This project is funded entirely
with Sewer Enterprise Funds. A total of eleven (11) bids were received with Kern Pacific Construction
being the lowest.
Item 8aa. Accept Bid and Award Contract to A.C. Electric Co. for Traffic Sianal and Liahtina Svstem
Installation on Panorama Drive at Meadow Vista Street in the amount of $155.662. This project includes
installing a complete traffic signal and lighting system, modifying existing pavement markings and striping
and reconstruction of the access ramps. Two expanded cross gutters will also be installed to allow for
safe vehicular traffic crossing Panorama Drive. This project is federally funded through the Congestion
Mitigation and Air Quality program (88.53%) along with a local match share ($11.47%). A total of three
(3) bids were received with A.C. Electric being the lowest.
Agenda Highlights - May 20, 2009 Council Meeting
Page 2
Miscellaneous
Item 8bb. Appropriate $166.688 Federal Reaional Su @ce TjM§9 motion Proaram (RSTP) funds to ie
Public Works DeWment's Ca itap I Improvement BuagAt Within the SAFETEA-LU Fund for the
Resurfacina of Callowav Drive from Rosedale Hiahwav to Meacham Road Proiect. This project was
awarded to Burtch Construction at the October 22, 2008 Council meeting in the amount of $687,329.83.
Subsequent to the time of award, the City received additional federal funds for this project. This action
will appropriate the additional funds to this project, which is scheduled to be completed in mid-July 2009.
Item ecc. U.S. Department of Housing & UrbaILDevelo mn ent (HUDLFY 2008-09 Action Plan &
Consolidated Plan 2010 Substantial Amendment for Community Develooment Block Grant (CDBG)-
Recoverv Funds in the amount of $897.462. The American Recovery and Reinvestment Act (ARRA) of
2009 appropriated $897,462 in additional CDBG funds to the City. To access these funds, a substantial
amendment to the City's FY 2008-09 Action Plan must be approved by the Council and submitted HUD
no later than June 5, 2009. This action will take care of this requirement and allow the City to access
these funds.
CLOSED SESSION
There will be a conference with the labor negotiator.
gpNSENT CAt.ENDAR HEARINGS
Item 12b. Public Hearina to Consider Adoption of the 2008-2035 Reaional Transoortation Facilities
Impact Fee List - Phase IV. Fee Schedule and Nexus Report. On May 12, 2009, the Kern County Board
of Supervisors voted to postpone consideration of the Phase IV Metropolitan Bakersfield Impact Fee for
one week. It is unclear at this time what the Board of Supervisors will be recommending. This item will
be re-noticed at a later date.
REPORTS
Item 14e. Department Budqet Presentations. The Recreation and Parks, Fire and Police Departments
will provide a detailed overview of their FY 2009-10 proposed budgets.
Approved:
Rhonda Smiley, Assistant to the City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - May 20, 2009 Council Meeting
Page 3
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ADMINISTRATIVE REPORT
10
MEETING DATE: May 20, 2009 AGENDA SECTION: Workshops
ITEM: 5, a.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: May 12, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: KernCOG Presentation on SB 375 (Steinberg).
RECOMMENDATION:
APPROVED
BACKGROUND: Ron Brummett, Executive Director of Kern Council of Governments, has requested an
opportunity to address the City Council regarding SB 375 (Steinberg). SB 375, which was signed into law
by the Governor in 2008, will have broad ranging implications on transportation and land use planning in
California.
May 12, 2009, 9:00AM
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y. ADMINISTRATIVE REPORT
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MEETING DATE: May 20, 2009 AGENDA SECTION: Presentations
ITEM: U, a,
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEADW-,'-11-y617 DATE: May 8, 2009 CITY ATTORNEY
CITY MANAGER F-~
SUBJECT: Presentation by Mayor Hall of a Proclamation to Herb Walker honoring his beautification
efforts in downtown Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
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ADMINISTRATIVE REPORT
1F0
MEETING DATE: May 20, 2009 AGENDA SECTION: Presentations
ITEM: (p , b,
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD k7-~'~ H t#
DATE: May 8, 2009 CITY ATTORNEY
CITY MANAGER 45
SUBJECT: Presentation by Mayor Hall of a Proclamation to Raul Rojas honoring National Public Works
Week.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
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10
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: 6t,
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela McCarthy, City Clerk DEPARTMENT HEAD
DATE: May 8, 2009 CITY ATTORNEY
CITY MANAGER' S
SUBJECT: Approval of Minutes of the May 6, 2009 Regular City Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8.b.
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
/vs
DATE: May 8, 2009 CITY ATTORNEY
CITY MANAGER
~.S
SUBJECT: Approval of department payments from April 24, 2009 to May 7, 2009
in the amount of $8,296,174.75 and Self Insurance payments from April 24
, 2009
to May 7, 2009 in the amount of $144,237.79.
RECOMMENDATION:
Staff recommends approval of payments totaling $8,440,412.54.
BACKGROUND:
RAR
May 7, 2009, 4:59PM
SARichardlAPW DMWADMIN-AP.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8. G
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: May 7, 2009
APPROVEQ
DEPARTMENT HEAD'
CITY ATTORNEY v8~
CITY MANAGER CGS
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Section §1.12.010 by
adding Annexation No. 594 consisting of 49.74 acres, located on the northwest corner of
Cottonwood Road and East Panama Lane to Ward 1. (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 6, 2009.
This ordinance amends the ward boundary to include Annexation 594 into the corresponding
Council ward. This annexation was recently approved by LAFCO.
Annexation No. 594 is located at the northwest comer of Cottonwood Road and East Panama Lane.
The annexation territory consists of 49.74 acres of undeveloped land. The property owner requested
annexation for development of single family residential purposes and to receive city services. This area
will be included into Ward 1.
S:\Annexation\Ordinances\2009\Admin adopt- 5-20 DOC
ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
AGENDA SECTION: Consent
ITEM $ , d ,
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
May 1, 2009
CITY ATTORNEY
CITY MANAGER
Property Abatements
APPROVED
St/
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of the assessments by the Kern County
Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on May 11, 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:
PRQPERTY LOCATIDN P► N COST
Ward 1/Counciimember Irma Carson
1.
210 Clyde Street
018-350-08
$
419.00
2.
1004 Collins Way
019-054-04
$
300.00
3.
236 Donna Avenue
010-053-24
$
373.50
4.
236 Donna Avenue
010-053-24
$
300.00
5.
315 Kincaid Street
018-210-16
$
594.00
May 4, 2009, 8:37AM
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ADMINISTRATIVE REPORT
Page 2 of 3
PROPERTY LOCATION APN LOST
Ward 1/Counciimember Irma Carson
6.
620 L Street
009-341-05
$
750.00
7.
6650 Lowry Street
516-032-36
$
600.00
8.
914 P Street
009-171-05
$
365.00
9.
608 R Street
009-391-15
$
1,000.00
10.
1406 Rosalia Drive
022-131-16
$
550.00
11.
236 T Street
010-052-23
$
375.00
12.
1421 Wilkins Street
018-432-04
$
550.00
13.
1421 Wilkins Street
018-432-04
$
725.00
14.
824 9"' Street
009-171-02
$
300.00
15.
1223 40' Street
010-200-26
$
625.00
Ward 2/Counciimember Sue Benham
16.
233 Eye Street
010-280-07
$
655.00
17.
613 Eye Street
009-281-07
$
300.00
18.
8 Flower Street
012-052-13
$
300.00
19.
612 Jackson Street
014-320-18
$
350.00
20.
3815 K Street
120-060-08
$
575.00
21.
3817 K Street
120-060-07
$
575.00
22.
1026 Kentucky Street
015-380-11
$
800.00
23.
1032 Kern Street
014-260-05
$
399.00
24.
915 King Street
014-300-17
$
400.00
25.
11 Lincoln Street
012-052-02
$
500.00
26.
3721 M Street
120-140-03
$
419.00
27.
1913 Maple Avenue
007-195-04
$
550.00
28.
1427 E. 18th Street
017-220-07
$
525.00
29.
1322 E. 19th Street
017-090-08
$
350.00
Ward 3/Counciimember Ken Weir
30. 3006 Crest Drive 382-101-02 $ 300.00
31. 3512 Villa Cassia Street 332-622-13 $ 300.00
Ward 4/Counciimember Couch
32.
1311 Calaveras Park Drive
522-571-05
$
450.00
33.
10715 Falling Springs Avenue
526-292-02
$
300.00
34.
12819 Lavina Avenue
528-091-28
$
300.00
35.
12301 Marla Avenue
528-122-01
$
300.00
May 4, 2009, 8:37AM
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ADMINISTRATIVE REPORT Page 3 of 3
PROPERTY LOCATION APN COST
Ward 5/Cgjjncllmgmber Hkrr ld Hanson
36. 11217 Soltierra Place 394-093-23 $ 675.00
Ward 61CWIImgMber Ja uie Sullivan
37. 5213 Brockton Court 384-050-21 $ 1,200.00
Ward 7/Counci1member Zack Scrivner
38.
3811 Crosswind Way
515-204-06
$
300.00
39.
3007 Giovanetti Avenue
514-483-11
$
300.00
40.
2607 Macau Street
514-542-05
$
300.00
41.
7009 Mill Glen Forest Court
515-350-35
$
300.00
42.
3509 Sandpebble Way
371-301-24
$
300.00
43.
3609 Sandpebble Way
371-302-15
$
300.00
44.
3208 Sierra Meadows Drive
514-273-12
$
300.00
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the
City for work performed to remove the public nuisance and order that such costs be made a lien against
the property. This will be done by adoption of the attached resolution.
May 8, 2009, 8:31AM
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ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson Smith, Finance Director
April 27, 2009
AGENDA SECTION:
ITEM: p„
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
Resolution Adopting Identity Theft Prevention Program
RECOMMENDATION: Staff recommends adoption of the Resolution
BACKGROUND: In accordance with the Fair and Accurate Credit Transactions (FACT) Act of
2003, adopted by the federal government, the Federal Trade Commission (FTC) has set
"red flag" rules requiring that every creditor establish a written program providing for the
detection of "specific activators" ('red flags") that could be related to identity theft. Any private
or public entity that extends credit to customers by first providing goods or services and then
billing for them later is subject to these requirements.
As a municipal utility provider, the City is subject to this requirement, since it provides refuse and
sewer service and bills for this after service has been received. In short, the City extends credit to
its customers from the time it provides service to them and then subsequently bills and collects
payment for this.
Along with all other municipal utility providers in the nation, the City is required to formally
adopt an identity theft prevention program by May 2009. The proposed program will
comply with FTC requirements and provide greater security for our utility billing customers.
A
d
ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: g, -P,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 27, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution determining that certain microwave radio equipment cannot be obtained through
the usual bidding procedures and authorizing the Finance Director to dispense with bidding
therefore and purchase certain microwave radio equipment from Harris Stratex Networks,
Inc., not to exceed $120,000
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: Two paths of microwave radio equipment, from Police Headquarters to Wastewater
Treatment Plant II and Fire Station 5, need to be replaced. The City currently uses Harris Stratex
microwave radio equipment. Modifications to associated City Federal Communication Commission
licenses for the Harris Stratex specific equipment have already been made and paid for.
Therefore, purchase of the microwave radio equipment can only be reasonably obtained from one vendor,
Harris Stratex Networks, Inc., because of the restricted availability of such equipment and because of the
necessity to successfully integrate such equipment into the existing City system.
Sufficient funds are budgeted for this purpose.
Q9K104
WH/ch
G:\GROUPDAT\ADMINRPT\2009\05-20\Comm_Microwave Equip.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: 5. q.
v
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: May 5, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Neighborhood Stabilization Programs: (Ward All)
1) Resolution authorizing the execution of the Neighborhood Stabilization Program funded
Land Banking Program.
2) Resolution authorizing the execution of the Neighborhood Stabilization Program funded
Downpayment Assistance Program.
RECOMMENDATION:
1) Approval of the resolution authorizing the execution of the land banking program, authorization for the
City Manager or his designee to implement the landbanking program, execute any and all documents and
make minor revisions if necessary.
2) Approval of the resolution authorizing the execution of the down payment program, authorization for
the City Manager or his designee to implement the downpayment program, execute any and all
documents and make minor revisions if necessary.
BACKGROUND:
The Neighborhood Stabilization Program (NSP) was established under the federal Housing and Economic
Recovery Act (HERA) of 2008 and the City was allocated $8,982,836 under this program. Under HUD
NSP regulations, a Substantial Amendment outlining activities to be undertaken by the City was approved
by City Council on November 19, 2008, that addressed congressionally identified needs of abandoned and
foreclosed homes in targeted federally established NSP areas within the City.
Two of the programs outlined in this Substantial Amendment were to be utilized to assist in eliminating the
blight caused by abandoned and foreclosed properties by purchasing or reselling the properties. Approval
of the resolutions will allow staff to enter into purchase agreements with various lenders to acquire
abandoned or foreclosed properties at a discounted price for the Land Banking Program and to enter into
down payment assistance loan agreements with eligible homebuyers in an amount not to exceed $50,000
pursuant to the terms and regulations under the Neighborhood Stabilization Program.
S:\Admins\City Council\City Council Admins 2009\NSP program dp and lb approvals.doc
5/5/2009 1:46 PM
ADMINISTRATIVE REPORT
NSP - Land Bankina Proqram
Page 2
The NSP - Land Banking Program is intended to assist in the redevelopment of abandoned and
foreclosed homes under the Emergency Assistance for Redevelopment of Abandoned and Foreclosed
Homes heading, referred to as the Neighborhood Stabilization Program. The City of Bakersfield's
Economic and Community Development Department has developed a Land Banking program with up to
$2,007,730 from NSP funds for acquisition of foreclosed (dilapidated and/or distressed) housing structures
within the qualified NSP (Redevelopment) areas.
The program is expected to benefit LMMH (low-, moderate-, and middle-income housing) households <
120% of area median income with projects that could entail new affordable housing, public park uses, and
mixed residential/commercial uses. The land banking activities will predominantly benefit rental and some
limited homeownership.
The City will ensure NSP-assisted units meet affordability requirements in accordance with HOME
program standards at 24 CFR 92.252 (a), (c), (e) and (f) and 92.254. The affordability requirements for
housing related activities will be imposed by deed restrictions, covenants running with the land, or other
mechanisms approved by HUD, except that the affordability restrictions may terminate upon foreclosure or
transfer in lieu of foreclosure.
NSP-Downpavment Assistance Proqram
The NSP - Downpayment Assistance Program is intended to assist eligible low to middle income persons
in purchasing an abandoned or foreclosed home within the designated NSP program area. Congress
established the NSP to stabilize neighborhoods by addressing problems created by the abandonment and
foreclosure of homes and residential properties. Low to middle income, as defined by the Department of
Housing and Urban Development (HUD), are persons earning one-hundred and twenty percent (120%) or
less of the area median income. This income level is adjusted for household size and is subject to change
at the sole discretion of HUD. The downpayment assistance is in the form of a deferred, "silent' second
and provides "gap" funding toward the purchase price and closing costs associated in buying a home.
The loan is an amount up to $50,000, for 15 years, 0% interest, with no monthly payments required. The
period of affordability is 15 years. If, for any reason, during the "Period of Affordability," the borrower no
longer uses the property as their principal residence, sells, conveys title, refinances or otherwise transfers
ownership, the loan shall immediately become due and payable. This loan shall be forgiven 1/15"' of the
balance each year. If at anytime during the term of the note, the property is sold, transferred, refinanced,
or upon a change in title to the property the loan balance shall be due and payable in full.
Conclusion:
These funds will be used within the boundaries of the Neighborhood Stabilization Program targeted areas
identified in the substantial amendment. The approval of the resolutions authorizing the execution of the
Land Banking & Downpayment Assistance Programs will provide increased efficiency in the
implementation of these programs in relationship to the very compressed 18 month time frame allotted for
the program and use of these funds.
SAAdmins\City Council\City Council Admins 2009\NSP program dp and lb approvals.doc
5/5/20091:46 PM
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ADMINISTRATIVE REPORT
I
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8, h,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager DEPARTMENT HEAD
May 12, 2009 CITY ATTORNEY
CITY MANAGER
Resolution Finding a Severe Fiscal Hardship Will Exist if Additional Local
Funds are Seized by the State of California.
APPROVED
Property Tax
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND: On May 5, 2009 the Department of Finance announced they had presented a May
Revision budget option to the Governor recommending that he consider "borrowing" 8% of city, county and
special district property tax revenues to help close the FY 2009-10 state budget deficit. This borrowing is
estimated to total just over $2 billion statewide.
Although the state's ability to "borrow" local government revenues was limited by Proposition 1A (2004),
provisions included in the measure allow the Legislature to suspend the property tax revenue protection
provisions of 1A if the following occurs:
1. The Governor issues a proclamation of "severe fiscal hardship;"
2. The Legislature enacts an urgency statute suspending Proposition 1A (2004) property tax
protection with 2/3 vote of each house; and
3. The Legislature enacts a law providing for full repayment of the "borrowed funds" plus interest
within three (3) years.
The Legislature may not enact such a suspension more than twice in any ten (10) year period and may
only do so if any previous borrowing under this provision has been repaid.
If this proposal is enacted by the Legislature and Governor, it could result in the City facing an additional
$6.5 million shortfall due to the property tax revenue lost to the state. Therefore, this Resolution conveys
the position of the City that any additional state capture of local property tax revenue would result in a
serious fiscal hardship for the City, above and beyond the fiscal hardship the City is currently dealing with.
The Resolution also calls for the Legislature and the Governor to reject any proposal that includes the
taking of local government revenues by the state.
May 12, 2009, 2:22PM
of ~,,B o~, Eks
ADMINISTRATIVE REPORT
CqL R , 's
1
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: i .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 20, 2009
CITY MANAGER &
Resolution of Intention No. 1634 to order the vacation of a portion of 14th Street, 13th Street,
R Street and alley west of R Street. (Ward 2)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The City of Bakersfield is proposing to vacate a portion of 14th Street, 13th Street, R Street and alley west
of R Street to accommodate the Creekview Villas, South Mill Creek Apartments and Mill Creek Courtyard
projects.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report
Public Works notes that there are no City storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. A letter from Kern Delta Water District
was received with concerns to access the east bank of the Kern Island Canal. The Mill Creek Linear
Walk/Bike Path is installed on both sides of the canal from the railroad tracks to California Avenue. The
width of this path has been designed to allow for canal maintenance service vehicles. The City has a long
term lease with renewable terms with Kern Delta Water District that requires the City to perform all of the
maintenance activities for the canal during the lease period. The City also has an easement on 200 feet
across the entire parking lot of the proposed South Mill Creek Apartments north of 14th Street. The parking
lot runs along the tracks from the canal to S Street. The City's Economic and Community Development
Department is preparing a letter to Kern Delta Water District addressing their concerns.
Easements for public utilities, including City sewer, and public access will be provided over those areas of
the vacated streets as shown on Exhibits A and B and as needed.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
S:\Street Vacations\South Mill Creek 14th-R St\Admin. Report - Consent Calendar.doc
ADMINISTRATIVE REPORT
The proposed vacation was approved by the Planning Department on March 24, 2009 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of June 24, 2009, on the
proposed vacation.
SAStreet Vacations\South Mill Creek 14th-R St\Admin. Report - Consent Calendar.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8
v
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 6, 2009 CITY ATTORNEY_4~W
CITY MANAGER &
SUBJECT: Resolution of Intention No. 1636 preliminarily adopting, confirming and approving the Public
Works Director's Report for the Consolidated Maintenance District (CMD) and its 2009-
2010 budget; setting time and place for hearing protests on the amount of park
landscaping assessments to be levied throughout the Consolidated Maintenance District.
(All Wards).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance
District at the time of their formation. The Legal Description, Exhibit "A", the Map and Assessment
Diagram, Exhibit "B", the Benefit Formula, Exhibit "C" and the Assessor's Roll, Exhibit "E" for all territories
of the CMD are on file in the City Clerk's Office with their respective Council Resolutions passed by the
Council previously.
This Resolution preliminarily approves the Public Works Director's Report which includes the 2009-2010
budget for the Consolidated Maintenance District.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park
Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for
the maintenance of street and median landscaping and park maintenance within the Consolidated
Maintenance District.
As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from
public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition
218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased
annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban
Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates
will remain at the 2004-2005 level. The proposed 2009-2010 budget for the CMD, Exhibit "B" is attached
to this Resolution of Intention.
The Resolution sets the protest hearing for the Council meeting on Wednesday, June 10, 2009, at 6:30
P.M.
n
GAGROUPDATWDMINRP112009\05-20\Admin ROI Park 09-10.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: K,,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 6, 2009
CITY MANAGER &
SUBJECT: Resolution of Intention No. 1637 preliminarily adopting, confirming and approving the Public
Works Director's Report for the Consolidated Maintenance District (CMD) and its 2009-
2010 budget; setting time and place for hearing protests on the amount of street and
median landscaping assessments to be levied throughout the Consolidated Maintenance
District. (All Wards).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance
District (CMD) at the time of their formation. The Legal Description, Exhibit "A", the Map and Assessment
Diagram, Exhibit "B", the Benefit Formula, Exhibit "C", and the Assessor's Roll, Exhibit "E" for all territories
of the CMD are on file in the City Clerk's Office with their respective Council Resolutions passed by the
Council previously.
This Resolution preliminarily approves the Public Works Director's Report which includes the 2009-2010
budget for the Consolidated Maintenance District.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park
Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for
the maintenance of street and median landscaping and park maintenance within the Consolidated
Maintenance District.
As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from
public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition
218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased
annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban
Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates
will remain at the 2004-2005 level. The proposed 2009-2010 budget for the CMD, Exhibit "B" is attached
to this Resolution of Intention.
This Resolution sets the protest hearing for the Council meeting on Wednesday, June 10, 2009, at 6:30
P.M.
APPROVED
fa
DEPARTMENT HEAD
CITY ATTORNEY.
tt
G:IGROUPDAT\ADMINRPT\2009\05-20\Admin ROI Street 09-10.doc
F A
ADMINISTRATIVE REPORT
"IL
r
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: 0, 1,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: May 6, 2009
CITY MANAGER
SUBJECT: Resolution of Intention No. 1638 preliminarily adopting, confirming and approving the Public
Works Director's Report for the Traffic Signal Maintenance District (TSMD) and its 2009-
2010 budget; setting time and place for hearing protests on the amount of Traffic Signal
assessments to be levied throughout the Traffic Signal Maintenance District. (All Wards)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: This year all new territories were added directly to the Traffic Signal Maintenance
District at the time of their formation. The Legal Description, Exhibit "A", the Map and Assessment
Diagram, Exhibit "B", the Benefit Formula, Exhibit "C" and the Assessor's Roll, Exhibit "E" for all territories
of the TSMD are on file in the City Clerk's Office with their respective Council Resolutions passed by the
Council previously.
This Resolution preliminarily approves the Public Works Director's Report which includes the 2009-2010
budget for the Traffic Signal Maintenance District.
As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from
public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition
218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased
annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban
Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates
will remain at the 2004-2005 level. The proposed 2009-2010 budget for the TSMD, Exhibit "B" is attached
to this Resolution of Intention.
The Resolution sets the protest hearing for the Council meeting on Wednesday, June 10, 2009, at 6:30
P.M.
APPROVED
DEPARTMENT HEAD,.
CITY ATTORNEY
LW
n
G:\GROUPDATIADMINRPT\2009\05-20V1dmin ROI TSMD 09-10.doc
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ADMINISTRATIVE REPORT
o
i
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: M,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
May 1, 2009
APPROVED
DEPARTMENT HEAD 4'
CITY ATTORNEY
CITY MANAGER
Relocate Transmission Lines and tower at the intersection of Buena Vista Road and
Campus Park Drive (Ward 4):
1. Agreement with PG&E ($373,365) to relocate transmission lines and tower.
2. Appropriate $373,365 Transportation Development Fund balance to the Public Works
Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: The City of Bakersfield desires to widen the intersection of Buena Vista Road and
Campus Park Drive. The widening of this intersection requires the relocation of electric transmission lines
and tower.
The Metropolitan Bakersfield Transportation Impact Facilities List specifies this transmission tower's
relocation as an improvement. The transmission tower is currently located so that the intersection cannot
be constructed with a full expansion. Upon execution of this agreement, PG&E will relocate the
transmission tower and the developer(s) of adjacent tracts will complete the road improvements. The cost
for this project is approximately $373,365 for which an appropriation is needed.
ps
G:\GROUPDAT\ADMINRPT\2009\05-20\PG&E BV & Campus Park transmission line relocation.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar.
ITEM: g, V1,
TO: Honorable Mayor and City Council #PPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD +~r
DATE: April 28, 2009 CITY ATTORNEY
CITY MANAGER F~
SUBJECT: Consultant Agreement with Niemeyer & Associates, P.C. ($150,000.00) for Bakersfield
Amtrak Railroad Track Inspection Services for the four year period beginning June 1, 2009
through May 31, 2013 (Ward 2).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: On January 27, 2009 the City issued Request for Qualifications and Fee Proposal for
Inspection Services for Bakersfield Amtrak Track from "H" Street to Union Avenue including trackage at
the Amtrak Station. Only one Statement of Qualifications was submitted in response to the City's request.
This was from Niemeyer & Associates, P.C., and was acceptable and met all of the qualifications for this
project.
For the previous eight years Niemeyer & Associates, P.C. has been providing consulting service of twice
weekly track inspection, annual ultrasonic track inspection, annual review and upgrading of the Roadway
Safety Program, annual Roadway Safety Training of employees and contract employees, and inspection
of maintenance and repair work to the Bakersfield Amtrak Station Track including the Amtrak Running
Track from "H° Street to Union Avenue. This agreement will extend those services for an additional four
years through May 31, 2013.
This agreement will be funded with Public Transit Funds which are administered by the Kern Council of
Governments.
%gm
KAM604
April 29, 2009, 9:08AM
G:\GROUPDAT\ADMINRPT\2009\05-20\Niemeyer & Associates Agreement.doc
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ADMINISTRATIVE REPORT
~o
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: P. C),
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD //15
DATE: May 8, 2009 CITY ATTORNEY _ -/kV)e /?-S
CITY MANAGER F~
SUBJECT: Agreement with Big West of California, LLC. to purchase real property located on the east
side of Mohawk Street south of Rosedale Highway for $2,750,000 for the Westside Parkway.
(Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield has been acquiring properties for the Westside Parkway for over 15 years. The
property currently being acquired consists of several parcels that comprise approximately 80 acres total.
The owner, Big West of California, LLC operates the refinery commonly known as Flying J that recently
shut down. Further, since Big West recently filed bankruptcy the bankruptcy court will also have to
approve this transaction.
Big West operations will be impacted by the project and the agreement sets forth the mitigation measures
that were mutually agreed to reduce the impact to their operations. However, until the refinery starts back
up the impacts will be minimal. The purchase price of $2,750,000 is a product of negotiations based on
appraisals prepared by Randy K. Merriman, MAI and Michael C. Burger, MAI.
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS
Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of
properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General
Plan.
May 8, 2009, 11:07AM
P:\MyFiles\Admin Reports\Big West.doc
DMAls
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ADMINISTRATIVE REPORT
LIFO
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: S p
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: May 12, 2009 CITY ATTORNEY ]~~7
CITY MANAGER
SUBJECT: Agreement with James E. Gribben, etal to purchase real property located on th/sout west
corner of Mohawk Street and Rosedale Highway for $40,800 for the Westside P rkw y.
(Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield has been acquiring properties for the Westside Parkway for over 15 years. The
property currently being acquired consists of two small strips of land. The owners currently lease the
property to Second Amendment Sports.
The purchase price of $40,800 is a product of negotiations based on an appraisal prepared by Randy K.
Merriman, MAI.
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS
Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of
properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General
Plan.
May 12, 2009, 1:12PM
PAMyFiles\Admin Reports\G&G.doc
DMA/s
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ADMINISTRATIVE REPORT
•
t00
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: A, q_•
U
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 8, 2009
CITY ATTORNEY
CITY MANAGER °S
Agreement with Nolte Associates, Inc. ($6,033,246.42), for Construction Management
Services for Westside Parkway Phase II. (TRIP) (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: This agreement is for Construction Management Services (CMS) for the second
phase of the Westside Parkway project which involves the construction of a new six lane freeway from
Mohawk Street to West of Calloway Drive, and new bridges at Coffee Road, Calloway Drive and Jewetta
Avenue.
In August 2008, the City was allocated State Transportation Improvement Program (STIP) funding by the
California Transportation Commission (CTC) for construction of Phases I and II of the Westside Parkway.
At the time of the STIP allocation, the CTC identified the funds for the Westside Parkway as coming from
Proposition 1 B. Proposition 1 B was approved by California voters in November, 2006 to provide funds for
transportation purposes. On December 17, 2008, the City received a letter stating that because of cash-
flow problems at the State, timely reimbursement by the State for projects funded by Proposition 1 B could
not be guaranteed, and he recommended that agencies not proceed with further agreements/contracts
utilizing Proposition 1 B funds until there was improvement in the status of State finances. In February, the
State passed a new budget that enhanced the State financial position. Following this budget approval,
staff received correspondence from Caltrans indicating that funding should now be available for the State
to provide reimbursement for select Proposition 1 B projects, and that the City could proceed with the
construction of the Phase I of the project. In April, 2009, City has received guidance from Caltrans to
move forward with Phase II of Westside Parkway.
The City awarded a CMS Agreement for Westside Parkway Phase I to Nolte Associates during the March
11, 2009 Council meeting. It had been the intention of the City to award both Phase I and Phase II to
Nolte, however, due to the Prop 1 B funding issues we were only able to award Phase I initially. Since
receiving direction from Caltrans to move forward with Phase II, the City has negotiated a contract with
Nolte for CMS for Westside Parkway Phase II. Staff recommends the approval of this CMS agreement.
Adequate State funds have been previously budgeted to pay for this work.
Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's
Office for review.
APPROVED
bW -L~D
DEPARTMENT HEAD-p
Revised (TRIP-rs)
May 8, 2009, 11:50AM
G:\GROUPDAT\ADMINRPT12009\05-20\Nolte CM Agreement - Admin.doc Project No.: T9WP10
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ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009
AGENDA SECTION: Consent Calendar
ITEM: 6 - r.
TO: Honorable Mayor and City Council
FROM: Donna Kunz, Economic Development Director DEPARTMENT HEAD
DATE: May 6, 2009 CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Agreement with Catholic Charities of Diocese of Fresno to purchase real property located at
525 18th Street for $725,000.00 of Community Development Block Grant (CDBG) funds for
Mill Creek Linear Park Expansion.
1. Transfer $60,000 CDBG Contingency funds from the Operating budget to the Capital
Improvement budget within the Community Development Block Grant Fund to Mill
Creek Linear Park Improvements. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The property being acquired is located on the south side of 18th Street directly east of and adjacent to the
Kern Delta Canal currently being transformed into Mill Creek Linear Park. The lot consists of a 4,588
square foot building occupied by Catholic Charities on approximately 18,603 square feet of C-C zoned
land. The purchase price of $725,000.00 is a product of negotiations and based on an appraisal prepared
by Michael Burger & Associates. The site will be developed in the future as an expansion site adjacent to
the Mill Creek Linear Park. After Catholic Charities vacates the premises, the structure and site
improvements will be demolished. The one-story general office building originally was constructed in
1965. Catholic Charities intends to acquire another undisclosed property in Bakersfield. This agreement
gives the organization 90 days to vacate the premises following a 30 day escrow.
The park development on this site will remove slum and blight in the Old Town Kern-Pioneer
Redevelopment Project Area, and will provide recreational and urban open space opportunities along the
newly created linear park. The primary purpose of the project is to address existing detrimental conditions
and to revitalize the community, as well as prevent the spread of blight into other areas.
The purchase agreement between the City and the owner outlines the responsibilities of each parry.
The Planning Department completed a 65402 Review and found this acquisition consistent with the
Metropolitan Bakersfield 2010 General Plan.
S:\Admins\City Council\City Council Admins 2009\Catholic Charities Purchase Agreement DL comments A.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: g •S
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: May 12, 2009
CITY ATTORNEY
CITY MANAGER
APPROVED
-P,
SUBJECT: Reimbursement Agreement between the City of Bakersfield, SMG/Rabobank and the
California Interscholastic Federation ("CIF") in an amount not to exceed $40,000 to sere as
an event contribution to CIF for holding State Championship High School Basketball in
Bakersfield
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On August 29, 2007, the City and the Greater Bakersfield Convention and Visitors Bureau (CVB) entered
into Agreement No. 07-314 regarding the management of the CVB and the marketing of Bakersfield as a
destination center for conventions, sporting and other events including individual/group travel and tourism.
In February 2009 the CVB and Rabobank Arena staffs successfully submitted a bid to CIF and won the
right to hold the State Basketball Tournament in Bakersfield for 2010. CIF officials have stated publicly
they consider next year's tournament in Bakersfield a trial run for possibly hosting future State Basketball
Tournaments at Rabobank Arena.
The CIF State Basketball Tournament is expected to draw an estimated 12,000 to 15,000 participants,
spectators, and officials to Bakersfield during two days of action. The attendees are expected to fill up all
city hotel rooms, dine at local restaurants, and purchase other incidentals, generating an estimated
positive economic impact of $1.3 million. The economic impact includes the generation of new sales tax
and Transient Occupancy Tax (TOT) that is primarily utilized for city services unrelated to travel and
tourism. The $1.3 million represents a 32 times return on the recommended $40,000 reimbursement.
State Championship High School basketball has been played in Sacramento for the past 12 years. Due to
a scheduling conflict in 2010, Sacramento was unable to host this event. In addition to Bakersfield,
Oakland, Stockton, Fresno and Anaheim also bid for the tournament. This will mark the first time that CIF
has brought State Championship Basketball to Bakersfield. We are one of very few cities to host two High
School State Championship sporting events during the same year (basketball and wrestling). Both will
take place in March 2010.
SAAdmins\City Council\City Council Admins 2009-CVB\CIF Basketball 2010 Admin Report 4-09revised.doc
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ADMINISTRATIVE REPORT Page 2
A byproduct of hosting the State Basketball Tournament is the ability of the CVB Sales Staff to use the
positive notoriety and media coverage as a marketing tool to attract other sports groups to hold an event in
Bakersfield. Recent events the CVB has assisted in bringing to Bakersfield include: the 2010-12 CIF State
Wrestling Tournament (EEI: $5.5 million), 2010 USBC State Open Bowling Championships (EEL $1.7
million), and 2009 - 2013 US Nationals BMX Races ($2.96 million).
In alignment with industry standards and practices, the CVB uses a portion of its annual budget (Projected
decrease of 11 percent for FY 09/10) to provide incentive packages for various non-profit organizations to
hold their events in Bakersfield. By attracting organizations like CIF, the city is able to generate more sales
tax and Transient Occupancy Tax (TOT). Over the past six years, the CVB has reimbursed CIF in return
for them to hold their annual State Championship Wrestling Tournament in Bakersfield. This agreement
for basketball would be identical in procedure.
Upon completion of the tournament, CIF will send an invoice to the City for payment of $40,000 with
payment to be made by the City to CIF within 30 days of receipt of invoice. Separately from the invoice to
the City, CIF will also invoice SMG/Rabobank $10,000 for their separate commitment to the event
contribution.
S:\Admins\City Council\City Council Admins 2009-CVB\CIF Basketball 2010 Admin Report 4-09revised.doc
5/12/200910:48 AM
ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009
TO: Honorable Mayor and City Council
AGENDA SECTION: Consent Calendar
ITEM: f.
APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: May 12, 2009 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Reimbursement Agreement between the City of Bakersfield, SMG/Rabobank and the
California Interscholastic Federation ("CIF') in an amount not to exceed $150,000 over
three years to serve as an event contribution to CIF for holding State Championship High
School Wrestling in Bakersfield
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On August 29, 2007, the City and the Greater Bakersfield Convention and Visitors Bureau (CVB) entered
into Agreement No. 07-314 regarding the management of the CVB and the marketing of Bakersfield as a
destination for conventions, sports and other events including individual/group travel and tourism.
In February 2009 the CVB and Rabobank Arena staffs successfully submitted a bid to CIF and won the
right to hold the State Wrestling Tournament in Bakersfield for the three-year period: 2010, 2011 and
2012.
The CIF State Wrestling Tournament annually draws an estimated 17,000 participants, spectators, and
officials to Bakersfield. The attendees regularly fill up all city hotel rooms, dine at local restaurants, and
purchase other incidentals, generating an estimated positive economic impact of $1.8 million per year. The
economic impact includes the generation of new sales tax and Transient Occupancy Tax (TOT) that is
primarily utilized for city services unrelated to travel and tourism. The total estimated positive economic
impact of the three-year tournament is $5.5 million. The $5.5 million represents a 37 times return on the
recommended $150,000 reimbursement.
A byproduct of hosting the State Wrestling Tournament is the ability of the CVB Sales Staff to use the
positive notoriety and media coverage as a marketing tool to attract other sports groups to hold an event in
Bakersfield. Recent events the CVB has assisted in bringing to Bakersfield include: the 2010 CIF State
Basketball Tournament (EEI: $1.3 million), 2010 USBC State Open Bowling Championships (EEI: $1.7
million), and 2009 - 2013 US Nationals BMX Races ($2.96 million).
In alignment with industry standards and practices, the CVB uses a portion of its annual budget (Projected
decrease of 11 percent for FY 09/10) to provide incentive packages for various non-profit organizations to
hold their events in Bakersfield. By attracting organizations like CIF, the city is able to generate more sales
S:\Admins\City Council\City Council Admins 2009-CVB\CIF Wrestling 2010-2012 Admin Report revised 4-09.doc
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ADMINISTRATIVE REPORT
Page 2
tax and Transient Occupancy Tax (TOT). Over the past six years, the CVB has reimbursed CIF in return
for them to hold their annual State Championship Wrestling Tournament in Bakersfield.
Upon completion of each annual tournament, CIF will send an invoice to the City for payment of $50,000
with payment to be made by the City to CIF within 30 days of receipt of invoice. Separately from the
invoice to the City, CIF will also invoice SMG/Rabobank $10,000 for each of three years as part of their
separate commitment to the event contribution.
S:\Admins\City Council\City Council Admins 2009-CVB\CIF Wrestling 2010-2012 Admin Report revised 4-09.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: $ . L .
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz Economic Development Director DEPARTMENT HEAD
DATE: May 8, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Golden Empire Affordable Housing Inc. - II (GEAHI-II) for HOME
Investment Partnership (HOME) funds and HOME CHDO funds, not to exceed $1,092,219
for the construction of a 24-unit supportive housing development located on approximately
2.01i acres at the northeast corner of S. Union Avenue and White Lane. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Golden Empire Affordable Housing, Inc. II, (GEAHI II) is requesting $600,000 in HOME funds and
$492,219 in HOME CHDO funds from the City of Bakersfield to assist in the construction of 24 units of
permanent supportive housing. The funds would be used for pre-development costs for the proposed one
bedroom fully furnished units.
The HOME and CHDO funds will be used to help construct the supportive housing development located
on about 2.01* acres at the northeast corner of S. Union Avenue and White Lane. The project will serve
mentally ill homeless individuals with low to very low income. Golden Empire Affordable Housing Inc. II
(GEAHI II) will operate and maintain the properties.
The $600,000 HOME funds and $492,218.79 HOME CHDO funds requested by GEAHI II will be used for
pre-development soft costs and some construction costs as referenced in Schedule A including site work,
construction, contractor overhead, and architectural fees. Additional financing for the project will come
from State MHSA Loan of approximately $2.5 million; Fannie Mae Grant of $25,000; County HOME funds
of approximately $303,600; and deferred developer fees of $39,425. The total project cost is
approximately $4 million. The City HOME loan is a 3% simple interest loan due and payable twenty (20)
years from the date of execution of the promissory note. GEAHI-IF is asking for the commitment from the
City prior to their application for the various other funding sources.
A map of the project site is attached.
SAdmins\City Council%City Council Admins 2009\GEAHI-II Haven Cottagees.doc
5/8/2009 9:24:00 AM
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ADMINISTRATIVE REPORT
F
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8. q
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD _
DATE: May 7, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 02-062 with PB Americas, Inc. (formerly Parsons
Brinckerhoff Quade & Douglas, Inc.), ($230,000; for a new total contract amount of
$1,505,081.00) to revise total compensation for additional out of scope activities during the
design and construction phases, and to extend the time of completion for construction
support services for the State Route SR-178 and Fairfax Road interchange Project. (TRIP)
(Ward 3)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The City entered into Agreement No. 02-062 with PB Americas, Inc. (formerly Parson
Brinckerhoff Quade & Douglas, Inc.) on March 6, 2002 for engineering services for the preparation of
plans, specifications & estimates (PS&E) for the interchange on SR-178 at Fairfax Road including a one
mile extension of the SR178 freeway.
This Amendment No. 2 will increase PB Americas scope of work for revising the plans to reflect changes
to the California Department of Transportation (Caltrans) standard plans and specifications that occurred
during the latter part of the project design and construction phases. Also, their services for construction
support activities will be extended to September of 2009 to include post construction responsibilities
typical of the engineer of record for Caltrans projects. The total amount of the Amendment for this work is
$230,000. This changes the not-to-exceed compensation to $1,505,081.00. Based on the construction
bid amount of $28,929,446.10, this amended design fee is still relatively low at 5.2% of this construction
cost. Industry norms for this type of work are typically in the range of 7% to 11 % of construction cost.
Adequate funds have been previously budgeted to pay for this work.
Staff recommends approval of the Amendment.
May 7, 2009, 11:51 AM
Tdw:G:\GROUPDAT\ADMINRPT\2009\05-20\PB Amendment.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: 6. W .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD A4,S
DATE: May 7, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 08-120 with Crop Production Services (formerly
known as Western Farm Service Incorporated) extending the term for one (1) year and
adding $200,000 (for a total not to exceed amount of $632,125.38) to the Annual Contract
for chemical insecticides/herbicides. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 25, 2008, Council awarded the Annual Contract for chemical
insecticides/herbicides to Western Farm Service, Incorporated for a one (1) year period at $432,125.38;
renewable annually thereafter for four (4) consecutive one-year periods. On January 1, 2009, Western
Farm Service, Incorporated changed it's name to Crop Production Services as a result of a corporate
restructuring by its parent company, Agrium, Incorporated. If approved, Amendment No. 1 will address
the name change, will add $200,000 for a revised not to exceed amount of $632,125.38 and will extend
term one year to expire in June 2010. Extending the Agreement allows the City to continue working with a
good provider and saves staff time and efforts required if this item were to be re-bid.
Purchasing Division
S:\PURCHWDMIN1AmendmentsWmendment #1 to Agreement 08-120, Crop Production Serv, May 20, 2009.doc
May 7, 2009, 12:01 PM
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ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: 6,X.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas DEPARTMENT HEAD
DATE: May 7, 2009 CITY ATTORNEY
CITY MANAGER ~PsS
SUBJECT: Accept bid and award contract to Griffith Company ($2,335,995.00), for the Pavement
Reconstruction on White Lane from Gosford Road to Ashe Road (Ward 5 & 6).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of reconstructing the existing pavement structural section,
modification of access ramps, curb & gutter, striping, pavement markings and traffic signal detector loops.
This project is federally funded through the Regional Surface Transportation Program (RSTP) of which
88.53% is the federal share and 11.47% is the local share. The Engineers Estimate for this construction
contract was $2,750,000. Sufficient funds are budgeted to award this project.
On May 6, 2009, a total of five bids were received; all of those bids are acceptable. Those acceptable bids
are as follows:
Griffith Company
1198 S. Union Avenue
Bakersfield, CA 93307 (City) in the amount of $2,335,995.00
Granite Construction Company
585 W. Beach Street
Watsonville, CA 95076 in the amount of $2,496,748.00
Security Paving Company, Inc.
9050 Norris Avenue
Sun Valley, CA 91352 in the amount of $2,542,071.95
Bowman Asphalt, Inc
3527 Brian Way
Bakersfield, Ca 93308 (County) in the amount of $2,596,119.30
Burtch Construction
18815 Highway 65
Bakersfield, CA 93308 (County) in the amount of $2,738,594.07
pw/design engineering/nsg-T9K110
May 7, 2009, 12:06PM
G:\GROUPDATWDMINRPT\2009\05-20\Pavement Reconstruction on White Lane-Gosford Road to Ashe Road.doc
v~
ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas DEPARTMENT HEAD
DATE: May 5, 2009 CITY ATTORNEY/
CITY MANAGER
SUBJECT: Accept bid and award contract to Lee Wilson Electric ($124,888.72), for Traffic Signal and
Lighting System Installation at Jewetta Avenue and Noriega Road (Ward 4).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of installing a complete traffic signal and lighting system,
modification of pavement markings and striping, and reconstruction of access ramps to meet current
American with Disabilities Act (ADA) requirements. This project is federally funded through the Congestion
Mitigation and Air Quality (CMAQ) program of which 88.53% is the federal share and 11.47% is the local
share. The Engineers Estimate for this construction contract was $143,000. Sufficient funds are budgeted
to award this project.
On April 29, 2009, a total of six bids were received; all of those bids are acceptable. Those acceptable
bids are as follows:
Lee Wilson Electric Company, Inc
1151 El Camino Real
Arroyo Grande, Ca 93420 in the amount of $124,888.72
Loop Electric, Inc
7040 Downing Avenue
Bakersfield, CA 93308 (County)
in the amount of
$138,950.00
Pro-Tech Engineering Corp
3535 E. Coast Hwy, Suite 325
Corona Del Mar, CA 92625
in the amount of
$157,797.75
A-C Electric Company
315 30th Street
Bakersfield, Ca 93301 (City)
in the amount of
$159,661.30
Tennyson Electric, Inc
7275 National Drive
Livermore, CA 94550
in the amount of
$193,815.00
Lockwood General Engineering, Inc
10533 W. Goshen Avenue
Visalia, CA 93291
in the amount of
$219,220.00
pw/design engineadng/nsg-T9K120
May 5, 2009, 9:25AM
G:\GROUPDAT\ADMINRPT\2009\05-20\TS-Jewetta Avenue_Noriega Road.doc
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ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: 2 .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas DEPARTMENT HEAD
DATE: May 5, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Kern Pacific Construction Company ($677,395.00), for
Sewer Improvements: McCutchen Road from WWTP #3 to Ashe Road; Ashe Road from
450'N of McKee Road to McCutchen Road (Ward 6).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of installing a new sewer line, approximately 3,300 linear feet,
along McCutchen Road and Ashe Road within the vicinity of Wastewater Treatment Plant No.3. Also
included in this work is the abandoning of an existing sewer line, constructing manholes and connecting a
force main sewer line. This project is part of the Ashe Road Street Improvements within the vicinity of the
proposed Sports Village. The project is funded entirely with Sewer Enterprise Funds. The City will be
reimbursed for costs through the Curnow (PSA) once funds become available. The Engineer's Estimate
for this project was $1,400,000. There are sufficient funds in the project account for this contract.
On April 22, 2009, a total of eleven bids were received; all of those bids are acceptable. Those acceptable
bids are as follows:
Kern Pacific Construction Company
4001 Patton Way #1
Bakersfield, CA 93308 (County) in the amount of $677,395.00
Floyd Johnston Construction Company
2301 Herndon Avenue
Clovis, CA 93611
in the amount of
$695,812.00
Nicholas Construction, Inc
251 Carsen Way
Shafter, CA 93263
in the amount of
$760,524.00
Whitaker Contractors, Inc
2752 Concrete Court
Paso Robles, CA 93446
in the amount of
$839,842.00
Specialty Construction, Inc
645 Clarion Court
San Luis Obispo, CA 93401
in the amount of
$929,457.00
MGE Underground, Inc
816 26th Street
Paso Robles, CA 93446
in the amount of
$977,138.00
PW/Design Engineering/NSG-E8K102
May 5, 2009, 10:50AM
G:\GROUPDAT\ADMINRP-82009\05-20\Sewer Improvements along McCuthen Road and Ashe Road.doc
ADMINISTRATIVE REPORT
W.M Lyles Company
1210 West Olive Avenue
Fresno, CA 93728
in the amount of
$982,605.00
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307 (City)
in the amount of
$987,789.00
Teichert Construction
4533 E. Citron Avenue
Fresno, CA 93725
in the amount of
$1,034,555.02
HPS Mechanical, Inc
3100 E. Belle Terrace
Bakersfield, CA 93307 (City)
in the amount of
$1,108,160.00
Blois Construction, Inc
3201 Sturgis Avenue
Oxnard, CA 93030
in the amount of
$1,172,821.00
PW/Design Englneedng/NSG-E8K102
May 5, 2009, 9:17AM
G:\GROUPDATIADMINRPT\2009\05-20\Sewer Improvements along McCuthen Road and Ashe Road.doc
BA
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ADMINISTRATIVE REPORT
IFO
MEETING DATE: May 20, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8.OICL .
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas
DATE: May 5, 2009
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Accept bid and award contract to A. C. Electric Co.($155,662.00) for Traffic Signal and
Lighting System Installation on Panorama Drive at Meadow Vista Street (Ward 3)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of installing a complete traffic signal and lighting system as well as
modifying existing pavement markings, and striping. The access ramps will be reconstructed to meet
current American with Disabilities Act (ADA) requirements. Two expanded cross gutters will also be
installed to allow for safe vehicular traffic crossing Panorama Drive.
The signal installation is federally funded through the Congestion Mitigation and Air Quality (CMAQ)
program of which 88.53% is the federal share and 11.47% is the local share. The Engineer's Estimate for
this construction contract was $180,000. Sufficient funds are budgeted to award this project.
On April 23, 2009, a total of three bids were received; all of those bids are acceptable. Those acceptable
bids are as follows:
A-C Electric Company
315 30th Street
Bakersfield, Ca 93301 (City) in the amount of
Loop Electric, Inc
7040 Downing Avenue
Bakersfield, Ca 93308 (County) in the amount of
Woeste Electric, Inc
943 S. 4th Street
Grover Beach, Ca 93433 in the amount of
$155,662.00
$171,749.60
$183,843.45
pw/design engineering/rlt-TW143
G:\GROUPDAT\ADMI N RPT\2009\05-06\AdminT8K143_Panorama MeadowVista. doc
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ADMINISTRATIVE REPORT
1
MEETING DATE: May 20, 2008 AGENDA SECTION: Consent Calendar
ITEM: 6. bb.
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: May 4, 2009
CITY MANAGER /w
SUBJECT: Appropriate $166,688 federal Regional Surface Transportation Program (STP) funds to the
Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund for
the Resurfacing of Calloway Drive from Rosedale Highway to Meacham Road Project
(Ward 4).
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: This project was awarded to Burtch Construction for $687,329.83 at the October 22,
2008 Council meeting. Both federal and local dollars were used to fund this contract. Subsequent to the
time of award, staff received additional federal funds for this project. This administrative report
appropriates the additional $166,688 of federal funds for the Calloway resurfacing project.
This project consists of street pavement repair work, replacing traffic signal loops, resurfacing the existing
roadway and re-striping the roadway to provide three lanes of vehicle traffic and a bike lane in both
directions.
This project is currently under construction. The anticipated completion time for the work is mid July 2009.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
gl
G:\GROUPDAT\ADMINRP-82009\05-20\STPL Appropriation.doc
F R
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c.,,,Pc ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: .(:anSC►li-CaI" r
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
j''" /
DATE: May 8, 2009 CITY ATTORNEY
CITY MANAGER )es
SUBJECT: U. S. Department of Housing & Urban Development (HUD) FY 08/09 Action Plan &
Consolidated Plan 2010 Substantial Amendment for Community Development Block Grant
(CDBG) - Recovery (R) Funds in the amount of $897,462. (Wards 2, 7)
RECOMMENDATION:
Staff recommends approval and authorization of the City Manager or his designee to execute all
necessary HUD documents.
BACKGROUND:
The federal American Response and Recovery Act (ARRA) of 2009 through its CDBG formula allocation
appropriated $897,462 for the City of Bakersfield. The CDBG funds are intended for eligible projects that
provide basic services to residents or activities that promote energy efficiency or economic recovery and
can be awarded within 120 days of HUD grant award. For a grantee to access these funds, a substantial
amendment to the City's FY 2008-09 Action Plan must be approved by the Council and submitted no later
than June 5, 2009 to HUD in accordance with the City's Consolidated Plan amendment process and
citizen participation requirements. This will be the third substantial amendment to the FY 2008 Action Plan.
On May 6, 2009, the Council approved the use of Homeless Prevention and Rapid Re-Housing Program
(HPRP) funds under the federal American Response and Recovery Act (ARRA) of 2009 which was the
first substantial amendment to the FY 2008 Annual Action Plan.
The proposed activities for the use of the CDBG-R funds include street reconstruction ($853,462) and
planning/administration ($44,000) for a total of $897,462. The proposed street activities will be generally
located in the E. California Ave., Baker St. and Kingsley Ln. area. City street crews would set up and prep
the streets for reconstruction, and an outside contractor would complete the street repaving work and tie-
ins. Approximately 16 persons would be employed during the construction phase of this activity.
A public notice was published on May 13, 2009 concerning the availability of the draft Substantial
Amendment for a HUD required 7-day minimum citizen review and comment period. The 7-day public
review period ended on May 19, 2009. At the time of the preparation of this administrative report no
written public comments had been received on the proposed use of CDBG - R funds. As part of the
citizen participation process requirements, a brief summary of citizen participation efforts are reflected in
the final Substantial Amendment under the Citizen Participation section. The public notice is attached.
S:1Admins%City CounciXity Coundl Admins 2009\CDBG R action plan amendment admin.doc
5/8/200910:32:00 AM
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ADMINISTRATIVE REPORT
c
MEETING DATE: May 20, 2009 AGENDA SECTION: Closed Session
ITEM: P. Q„
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD eye
DATE: May 8, 2009 CITY ATTORNEY 14/
CITY MANAGER AJJ
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VGAsc
SACOUNCIUCI Sess\Ndmins\08-09\5-20-09LaborNeg.doc
BAK
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ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Hearings
ITEM: (a.a.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 20, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider Resolution ordering the vacation of a portion of Auburn Street
from Morning Drive to approximately 1,300 feet west. (Ward 3)
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
The City of Bakersfield is proposing to vacate a portion of Auburn Street from Morning Drive to
approximately 1,300 feet west. The purpose of this vacation is for the realignment of Auburn Street for the
future Morning Drive interchange.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report
Public Works notes that there are no City storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Notices were mailed to all adjacent property owners within a 300 foot radius of the proposed vacating
area. Public Works has not received any objections from said owners as of the date of this report.
The proposed vacation was approved by the Planning Department on February 11, 2009 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1632 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of April 22, 2009.
Notice of this public hearing has been duly advertised and posted as required by law.
May 1, 2009, 2:33PMS:\Street VacationsWuburn St West of MomingWdmin. Report - Hearing Final.doc
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MEETING DATE: May 20, 2009 AGENDA SECTION: Hearings
ITEM: 1a . b .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 24, 2009
Metropolitan Bakersfield Regional Transportation Impact Fee, Phase IV (All Wards)
1. A Resolution of the City of Bakersfield Adopting the 2008-2035 Regional Transportation
Facilities List Phase IV, fee schedule, and nexus report.
6PPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends continuing the public hearing and referring it back to staff for re-
noticing.
BACKGROUND: On May 5, 2009, the Kern County Board of Supervisors voted to postpone
consideration of the Phase IV Metropolitan Bakersfield Impact Fee for one week. It is unsure at this time
what the Board of Supervisors will be recommending. This item will be re-noticed at a later date.
mps
G:\GROUPDAT\ADMINRPT\2009\05-20\TIF IV Resolution Admin MPS.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 20, 2009 AGENDA SECTION: Reports
ITEM: , a
TO: Honorable Mayor and City Council
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: May 7, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Department Budget Presentations
1. Recreation and Parks
2. Fire
3. Police
RECOMMENDATION:
BACKGROUND:
Recreation and Parks, Fire and Police Departments will provide a detailed overview of their FY 2009-2010
proposed operating budgets. The budget overview will include discussion regarding the goals,
accomplishments, and significant budget changes for the respective departments.
JWS:mm
5/7/2009 12:53 PM
S:\Hdmin Rpts\2009\Budget Hearings 052009.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 6, 2009
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1.
2.
3.
4.
ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None.
INVOCATION by Pastor Ruinese Sheard, Unity Church.
PLEDGE OF ALLEGIANCE by Hudson Hartley, 5th Grade
Student at St. Francis School.
PUBLIC STATEMENTS
a. LaQuette Milner, Director of LQ's Performing Arts
Center spoke regarding the Giving Back to the
Community Weekend Event on May 15-17 at the
Center, 1300 19th Street, invited everyone to attend,
and provided written material.
b. Ray Scott, Administrative Services Manager for
Price Disposal, spoke regarding the Arvin Green
Arts Festival on May 16-17 at Smothermon Park,
from 10:00 a.m. to 7:00 p.m., in Arvin; invited
everyone to attend; and provided written material.
C. Bill Ware, President of the Bakersfield Police
Officers Association, spoke in opposition to
spending $3 million on a new phone system at this
time.
5. WORKSHOPS
ACTION TAKEN
None.
Bakersfield, California, May 6, 2009 - Page 2
6.
PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of a Proclamation to
Recreation and Parks Director Dianne Hoover
declaring May, 2009, Water Safety Month.
Recreation and Parks Director Hoover received the
Proclamation and made comments.
7. APPOINTMENTS
None
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 22, 2009 Regular
City Council Meeting.
Payments:
b. Approval of department payments from April 9, 2009 ABS WEIR
to April 23, 2009 in the amount of $18,165,612.75
and self-insurance payments from April 9, 2009 to
April 23, 2009 in the amount of $890,990.09.
Ordinances:
C. Adoption of the following:
1. Ordinance amending Section 3.40.010 ORD 4571
Subsections D and E defining tax collector
and person in Chapter 3.
2. Ordinance amending Section 3.40.120 ORD 4572
relating to the payment of transient lodging
taxes.
3. Ordinance deleting a portion of Section ORD 4573
3.40.020 Subsection B relating to collecting
taxes in the General Fund.
4. Ordinance deleting Section 3.40.040 ORD 4574
Subsections C & D relating to reports and
remittances.
5. Ordinance amending Section 3.40.080 ORD 4575
relating to security requirements.
6. Ordinance amending Section 3.40.100 ORD 4576
relating to successor or assignee of business
to withhold tax from purchase price.
Bakersfield, California, May 6, 2009 - Page 3
8.
CONSENT CALENDAR continued ACTION TAKEN
Item 8.c. continued
7. Ordinance amending Section 3.40.110 ORD 4577
Subsection B relating to liability of successor
or assignee for tax.
8. Ordinance amending Section 3.40.150 ORD 4578
relating to enforcement.
9. Ordinance amending Section 5.26.010 ORD 4579
Subsection C relating to definition of person.
d. First Reading of Ordinance amending MC Section FR
1.12.010 by adding Annexation No. 594 consisting
of 49.74 acres located on the northwest corner of
Cottonwood Road and E. Panama Lane to Ward 1.
Resolutions:
e. The Park at River Walk:
Resolution dedicating right of way for Buena RES 050-09
Vista Road, north of Stockdale Highway.
2. Public Utility Easement for Pacific Gas & DEED 7062
Electric.
Agreements:
Agreement with the Housing Authority of the County AGR 09-043
of Kern (HACK) ($2,420,709 - NSP funds) to benefit
households < 50% of the area median income.
g. Agreement with State of CA Dept of Public Health AGR 09-044
and U. S. Dept of HUD (amount to be determined)
for the Housing Opportunities for Persons with
HIV/AIDS Entitlement Program.
h. Agreement with Big West of CA, Inc. for relocation, AGR 09-045
modification, or construction of identified water
wells, underground pipelines, and fencing within the
Westside Parkway property.
GPA/ZC No. 09-0263 (Stockdale Ranch) generally
located south of Stockdale Hwy & north of Cross
Valley Canal, west of City limits on Claudia Autumn
Drive, east of future ext of Nord.
Agreement with Castle & Cooke CA, Inc. & AGR 09-046
Bolthouse Properties, LLC ($243,000) for the
preparation of an EIR.
Bakersfield, California, May 6, 2009 - Page 4
8.
CONSENT CALENDAR continued
Item 8.i. continued
ACTION TAKEN
2. Agreement with RBF Consulting ($162,000)
the preparation of an EIR.
3. Appropriate $162,000 (developer's
contribution) to the Development Services
Operating Budget in the General Fund.
Agreement with Selectron ($83,180.94) to upgrade
existing Selectron Interactive Voice Response
System to current levels & add functionality for Solid
Waste & Rabobank Arena.
k. Full Release and Termination of Disposition and
Development Agreement No. 0 1 -088/RA01 -04 with
Ray Olmscheid (later assigned to MAYA Cinemas
North America) to facilitate a mixed use commercial
project in the Southeast Redevelopment Agency
Project Area.
Amendment No. 1 to Agreement No. CA08-002 with
Clifford & Brown ($60,000; revised not to exceed
$100,000) for outside legal services for Magdy
Aboelghar, et al v City, et al.
M. Amendment No. 1 to Agreement No. 07-288
with Clifford & Brown ($125,000; revised not to
exceed $250,000) for outside legal services in the
matters of Robert Pratt v City, et al KCSC Case No.
S-1500 CV-253264-RJA; Robbie Pratt v Alan
Tandy, et al KCSC Case No. S-1500-CV-256401;
and, Robert Pratt v City, et al KCSC Case No.
S-1500-CV-259414-AEW 257620-SPC.
n. Amendment No. 1 to Agreement No. 07-187 with
Professional Dynamics, Inc. (not to exceed
$75,000 - Self Insurance Fund) for Workers'
Compensation Utilization Review services for a
twelve month period.
o. Amendment No. 1 to Agreement No. 07-188 with
Comprehensive Care Systems (not to exceed
$50,000 - Self Insurance Fund) for Workers'
Compensation Nurse Case Management services
for a twelve month period.
p. Amendment No. 1 to Agreement No. 07-034 with
Robert Hooper assigning ground lease of Hangar
Space D1 Bakersfield Municipal Airport to Keith
Lamb.
AGR 09-047
AGR 09-048
AGR 01-088(T)
ABS COUCH
AGR 09-049
AGR 07-288(1)
AGR 07-187(1)
AGR 07-188(1)
AGR 07-134(1)
Bakersfield, California, May 6, 2009 - Page 5
8.
CONSENT CALENDAR continued ACTION TAKEN
q. Amendment No. 1 to Agreement No. 08-073 with
AGR 08-073(1)
Zumar Industries ($72,000; revised not to exceed
$139,046.75 and extending term for one (1) year)
for traff ic signs.
r. Contract Change Order Nos. 10 - 14 to Agreement
AGR 08-062
00010, 00011
No. 08-062 with Granite Construction ($140,000;
00012, 00013
revised not to exceed $8,355,931.50) for the Allen
)
00014
Road Improvements between Ming Avenue and
Stockdale Highway Project.
S. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
Contract Change Order No. 6 to Agreement AGR 07-302
No. 07-302 with Kiewit Pacific Corp 0006
($3,450,000; revised not to exceed
$216,169,330) for the project.
2. Transfer $3,450,000 contingency established
for Project to the PW Dept CI P Budget.
t. Contract Change Order Nos. 9, 13, 31 & 32 to AGR 07-304
Agreement No. 07-304 with Security Paving 0009, 00013
Construction ($59,963.73; revised total not to 00031, 00032
exceed $29,999,872.72) for the State Route 178
and Fairfax Road Interchange Project. (TRIP)
U. Contract Change Order No. 1 to Agreement AGR 08-235
No. 08-235 with Precision Analytical, Inc. 0001
($19,300.01; revised not to exceed $203,280.61) for
the Driveway Entrance Remodel U.S.P.S. Hillcrest
Carrier Annex Project.
Bids:
V. Extend bid for one (1) Pierce Quantum fire engine
pumper from South Coast Fire Equipment
($474,153.21) and appropriate $453,373 insurance
recovery proceeds and $20,781 Fund Balance to
the Equipment Maintenance Fund Operating
Balance.
W. Traff ic signal, lighting and interconnect system
installations on Pacheco Road at Gasoline Alley
Drive and Wible Road at Barber Way:
1. Accept bid and award contract to Loop
Electric ($228,466.25) for the project. AGR 09-050
Bakersfield, California, May 6, 2009 - Page 6
8.
CONSENT CALENDAR continued ACTION TAKEN
2. Appropriate $35,000 Developer share of
project costs to the Public Works
Department Capital Improvement Budget
within the Gas Tax Fund.
X. Accept bid from San Joaquin Tractor Co.
($51,912.88) for one (1) replacement rubber-
wheeled tractor w/bucket, 4 wheel drive for the
Wastewater Division.
Y_ Accept bid and award contracts for irrigation parts
and supplies:
Resolution determining that Rain Bird RES 051-09
Maxicom controllers cannot be obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense
with bidding therefore, not to exceed
$75,000.
2. Award annual contract to Kern Turf Supply,
Inc. ($75,000) for Maxicom controllers. AGR 09-051
3. Accept bid and award annual contract to AGR 09-052
Kern Turf Supply, Inc. (not to exceed
$229,680.46) for irrigation parts and
supplies.
Miscellaneous:
Z. Budget and Finance Committee Report regarding
FY 09/10 CDBG, HOME Investment Partnership
and Emergency Shelter Grant Annual Spending
Plan.
aa. U. S. Dept HUD FY 08/09 Action Plan Amendment
No. 4 and Consolidated Plan 2010 Substantial
Amendment for Homeless Prevention and Rapid
Re-Housing Program Neighborhood Stabilization
Program funds.
bb. Grant of Easement to P. G. & E. on Ashe Road for DEED 7063
electrical service at Wastewater Treatment Plant
No. 3.
City Clerk McCarthy announced corrections to item 8.v.,
which should read "...and appropriate $453,373
insurance recovery proceeds and $20,781 Fund Balance to
the Equipment Maintenance Fund Operating Balance"; and
correspondence was received from staff regarding items
8.g., 8.v. and 8.z.
Bakersfield, California, May 6, 2009 - Page 7
CONSENT CALENDAR continued ACTION TAKEN
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 8.b.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income to
himself and his employer, on item S.k.
Motion by Vice-Mayor Scrivner to adopt Consent
Calendar items &a. through bb., with correction to APPROVED
items &v.
9. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9.
(One matter)
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for John M.
Tarabino, et al v. City, et al - KCSC Case
No. S-1500-CV-257620-SPC.
C. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for Kern Delta v.
North Kern; City of Bakersfield - KCSC Case
No. S-1500-CV-266459.
d. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 5:35 p.m.
Motion by Vice-Mayor Scrivner to adjourn from Closed APPROVED
Session at 7.12 p.m.
RECONVENED MEETING - 7:14 p.m.
11. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Potential NO REPORTABLE
Litigation; Closed Session pursuant to subdivision ACTION
(b)(1)(3)(A) of Government Code Section 54956.9.
(One matter)
Bakersfield, California, May 6, 2009 - Page 8
11
CLOSED SESSION ACTION continued
ACTION TAKEN
11.
12.
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for John M.
Tarabino, et al v. City, et al - KCSC Case
No. S-1500-CV-257620-SPC.
C. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for Kern Delta v.
North Kern; City of Bakersfield - KCSC Case
No. S-1500-CV-266459.
d. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
DEFERRED BUSINESS
a. Agreement with Global CTI (not to exceed
$1,500,000) for the purchase, installation,
maintenance, and training of City staff of a ShoreTel
Enterprise I P Telephone System.
Motion by Councilmember Benham to defer this
item to July due to the great uncertainty of the
State budget and its effect on the City budget.
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider the following items
regarding Developmental Services Support
Foundation for Kern, Inyo and Mono Counties:
1. Resolution approving, authorizing and
directing execution of a joint exercise of
powers agreement relating to the California
Municipal Finance Authority and approving
the issuance of revenue bonds in one or
more series by the Authority for the purpose
of financing and refinancing the acquisition,
construction and improvement of certain
facilities for the benefit of the Developmental
Services Support Foundation for Kern, Inyo
and Mono Counties.
b. Public Hearing to consider Morning Drive-College
Avenue Planned Bridge & Major Thoroughfare Area.
1. Resolution adopting the Morning Drive-
College Avenue Planned Bridge & Major
Thoroughfare Area and making findings
thereto.
NO REPORTABLE
ACTION
STAFF GIVEN
DIRECTION
STAFF GIVEN
DIRECTION
APPROVED
RES 052-09
AGR 09-053
RES 053-09
Bakersfield, California, May 6, 2009 - Page 9
12. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
Item 12.b. continued
2. Adoption of Ordinance amending Section ORD 4581
16.32.060 of the Municipal Code relating to
bridge crossings and major thoroughfares.
C. Public Hearing to consider General Plan
Amendment/Zone Change No. 03-0337 - The
Canyons Project; Robert Kapral, representing
Canyons, LLC (property owner) has applied for a
general plan amendment and zone change on 889
acres generally located south of Hart Memorial Park
and Alfred Harrell Highway bounds the site on the
west, north and east sides.
d. Public Hearing to consider Williamson Act Land Use
Contract Cancellation and Agricultural Preserve
No. 14 Boundary Alteration No. 09-0192.
Consent Calendar Hearings opened at 7:18 p.m.
No one spoke.
Consent Calendar Hearings closed at 7:19 p.m.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar Hearing items 12.a through 12.d.
14. HEARINGS
None.
15. REPORTS
a. Presentation of the Proposed FY 2009-10 Budget.
City Manager Tandy, Assistant City Manager
Stinson, and Management Assistant Kirkwood made
staff comments and provided a slide presentation.
Councilmember Couch complimented staff and
employees for working together during this
difficult process; and asked staff to provide a
report regarding how much the City set aside as
one-time revenues and where it was placed.
16. NEW BUSINESS
None.
Bakersfield, California, May 6, 2009 - Page 10
17. COUNCIL AND MAYOR STATEMENTS
None.
18. ADJOURNMENT
Mayor Hall adjourned the meeting at 7.51 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
ACTION TAKEN
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield