HomeMy WebLinkAbout09/23/09_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
r , AGENDA
MEETING OF SEPTEMBER 23, 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 Bobby Bligh, Westside Church of Christ
3. PLEDGE OF ALLEGIANCE by Adrian Herrera, 31d Grade Student at Ronald Regan
Elementary.
4. PUBLIC STATEMENTS
5. WORKSHOPS
(15 min) a. Convention & Visitors Bureau Update (Donna Kunz, Economic Development Director)
6. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Judi McCarthy, Chairman of the
Board, Kern Community Foundation and Fred Drew, President & CEO, Kern
Community Foundation, honoring the l Ot" Anniversary of the Kern Community
Foundation.
b. Presentation by Mayor Hall of Proclamation to Links for Life representatives declaring
October, 2009 Paint the Town Pink Month.
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 9, 2009 Regular City Council Meeting.
Payments:
b. Approval of department payments from August 28, 2009 to September 10, 2009 in
the amount of $28,902,915.04 and self-insurance payments from August 28, 2009 to
September 10, 2009 in the amount of $107,621.75.
Ordinances:
(ward 1, 2) c. First Reading of Ordinances amending the Redevelopment Plans to extend certain
time limits on the effectiveness of the Plans for the Old Town Kern-Pioneer
Redevelopment Project and the Southeast Bakersfield Redevelopment Project, and
the time to pay indebtedness and receive tax increments.
8. CONSENT CALENDAR continued
(Ward 1,3,4,7) d. First Reading of Ordinance amending Municipal Code Section 1.12.010, 1.12.030,
1. 12.040 and 1. 12.070 by adding Annexation No. 598 consisting of 30.26 acres
located along the north side of Casa Loma Drive, east of Cottonwood Road to Ward
1; Annexation No. 571 consisting of 20.09 acres located along the south side of
Pioneer Drive, east of Vineland Road to Ward 3; Annexation No. 593 consisting of
15.72 acres located on the north and south side of Kimberly Avenue, between
Coffee Road and Patton Way and Annexation No. 603 consisting of 77.31 acres
located along the south side of Seventh Standard Road, west of Calloway Drive,
east of the Friant Kern Canal to Ward 4, and Annexation No. 600 consisting of 66.14
acres located along the west side of South H Street, north and south of Taft Highway
to Ward 7.
(Ward 4) e. Adoption of Ordinance approving a Negative Declaration and amending Title 17
(Zone Map No. 101-13) of the Municipal Code by changing the zoning from A
(Agriculture) to M-1 (Light Manufacturing) and M-2 (General Manufacturing) on 8.7
acres generally located at the southwest corner of Hageman Road and Allen Road,
east of the A.T. & S.F. Railroad tracks. (ZC 09-0303) (Applicant: Marino and
Associates/Property Owner: Hageman Road Property Inc.) (FR 09/09/09)
(Ward 3) f. Adoption of Ordinance partially upholding an appeal and amending Title 17 (Zone
Map Nos. 103-01 & 104-06) of the Municipal Code by changing the zoning from R-1,
R-1-HD, R-S-10A-HD to OS-HD on 297.10 acres, R-1-HD on 508.57 acres, R-2-HD on
46.68 acres, R-2-HD on 28.18 acres and C-2-HD on 8.15 acres for a total of 888.68
acres generally located south of Hart Memorial Park; Alfred Harrell Highway bounds
the site on the west, north and east sides. (ZC 03-0337) (The Canyons Project) (FR
09/09/09)
Resolutions:
g. Resolution adopting a City Council Policy for Environmentally Preferable Purchasing
(EPP). (Budget and Finance Commfftee)
(Ward 4) h. Resolution amending the official list of designated speed zones, pursuant to Sections
22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal
Code.
i. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorize collection of the assessments by the
Kern County Tax Collector.
(Ward 5) j. Resolution of Application proposing annexation of uninhabited territory to the City of
Bakersfield identified as Annexation No. 520 consisting of 31.53 net acres located at
the southwest corner of Gosford Road and McCutchen Road.
(Ward 3,6) k. Resolutions adding territory known as Area 2-41 (McDonald Way, Ming Ave NW) and
Area 4-93 (2730 Mall View Road) to the Consolidated Maintenance District,
confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector.
2 City Council Meeting of 09/23/2009
8. CONSENT CALENDAR continued
Agreements:
(Ward 5) I. Roadway improvements on Buena Vista Road from the Union Pacific Railroad's
Buttonwillow Branch to the intersection of White Lane.
1. Reimbursement Agreement with Castle & Cooke California, Inc. (not to
exceed $329,174.00) for project.
2 Transportation Impact Fee Agreement with Castle & Cooke California, Inc.
(not to exceed $150,000.00) for project.
(Ward 3) m. Agreement with AEG Cycling, LLC to host a Stage Finish of the 2010 Amegen Tour of
California.
n. Homelessness Prevention Services and Rapid Re-Housing Services (ARRA):
1. Agreement with Bethany Services/Bakersfield Homeless Center (not to exceed
$680,164) to provide Homelessness Prevention Services.
2. Agreement with Bethany Services/Bakersfield Homeless Center (not to exceed
$680,164) to provide Rapid Re-Housing Services.
(Ward 2) o. Agreement with Bakersfield Redevelopment Agency to provide financing for
construction and development of affordable housing for the 19th Street Senior Plaza
Apartments and the Courtyard Family Apartments at South Millcreek.
1. Authorize loan and appropriate funds to provide a 7 year, $2,000,000 loan at
5% interest from the City Equipment Fund to the Redevelopment Agency to
provide construction assistance required for the 19th Street Senior Plaza
Development located 501 19th Street, east of the canal between 18th and 19th
Streets.
2. Authorize loan and appropriate funds to provide a 7 year, $1,500,000 loan at
5% interest from the Self Insurance Fund to the Redevelopment Agency to
provide construction assistance required for the Courtyard Family
Apartments located west of S Street, between 13th Street and 14th Streets
at South Millcreek.
3. Appropriate $1,000,000 fund balance from the Bakersfield Redevelopment
Agency SEPA Housing Fund to provide construction assistance required for the
Courtyard Family Apartments located west of S Street, between 13th Street
and 14th Street at South Millcreek.
P. Amendment No. 2 to Agreement No. 07-367 with Ennis Paint, Inc., ($110,000; revised
not to exceed $330,000 and extend the term for one (1) year) for traffic paint.
q. Amendment No. 2 to Agreement No. 07-349 with Granite Construction Co.,
($5,000,000; revised not to exceed $15,000,000 and extend the term for one (1) year)
for street materials.
(Ward 4) r. Contract Change Order No. 21 to Agreement No. 08-062 with Granite Construction
($41,728.20; revised not to exceed $8,556,000.70) for the Allen Road improvements
between Ming Avenue and Stockdale Highway Project.
3 City Council Meeting of 09/23/2009
8. CONSENT CALENDAR continued
(ward 2) s. Contract Change Order No. 1 to Agreement No. 09-026 with Restroom Facilities
Limited ($11,268.00; revised not to exceed $316,254.00) for the Mill Creek
Prefabricated Restroom Facility Project.
(ward 3) t. Contract Change Order No. 6 to Agreement No. 09-008 with Griffith Construction
($13,954.50; revised not to exceed $1,128,936.67) for the realignment of Auburn
Street Project. (TRIP)
Bids:
(ward 2) U. Accept Base Bid and Additive Alternate 1 and award contract to Granite
Construction Co. ($615,508.00) for the construction of the Pavement Rehabilitation
2009 - CDBG-R Project. (ARRA)
V. Accept bid from Jim Burke Ford ($650,057.47) for twenty-nine (29) four-door police
special sedans (nineteen (19) replacement, ten (10) additional) for the Police
Department.
Miscellaneous:
(ward 2,4,5) w. Grant of Easement to P.G. & E. to relocate electrical service being displaced by the
construction of the Westside Parkway at the Friant Kern Canal and Brimhall Road
extended (Flying J Refinery). (TRIP)
(ward 1,2) X. State of California Education Revenue Augmentation Fund (ERAF) $1,700,000 transfer
for FY 2009-10.
1. Appropriate $400,000 from the Downtown Redevelopment Project Area Fund
Balance to the Operating Budget within the Downtown Redevelopment
Project Area Fund.
2. Transfer $200,000 from Capital Improvement Budget to the Operating Budget
within the Downtown Redevelopment Project Area Fund.
3. Transfer $900,000 within the Operating Budget in the Southeast
Redevelopment Project Area.
4. Transfer $200,000 from the Capital Improvement Budget from the Southeast
Redevelopment Project Area to the Operating Budget within the Southeast
Redevelopment Project Area Fund.
Y. Appropriate contributions from Bright House Networks ($2,000), Our Lady of Perpetual
Help ($600) and Logan's Roadhouse ($350) to the Recreation and Parks Department
Operating Budget within the General Fund for various recreation programs.
Z. Appropriate $1,300,000 Anthem Blue Cross medical premium surplus funds to the
non-departmental budget within the General Fund to provide for additional deposits
into the Retiree Medical Irrevocable Trust Fund. (Personnel Committee recommends
approval.)
aa. Adoption of 2009-2010 Equal Employment Opportunity Plan.
Staff recommends adoption of Consent Calendar items 8.a. through 8.aa.
4 City Council Meeting of 09/23/2009
9. CONSENT CALENDAR HEARINGS
(Ward 4) a. Public Hearing to consider Resolution ordering the summary vacation of
deceleration lanes located at the northwest corner of Ming Avenue and Buena Vista
Road. (Staff recommends adoption of resolution.)
(Ward 2) b. Public Hearing to consider the amendment of the Downtown Redevelopment Plan,
First Reading of Ordinance and to extend certain time limits on the effectiveness and
the time to pay indebtedness and receive tax increment. (Staff recommends give first
reading to ordinance.)
10. HEARINGS
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 for the following cases:
1. Aboelghar, Magdy, et al v. City, et al - KCSC Case No. S-1500-CV-262272-WDP
2. Darren Hailey v. City, et al - KCSC Case No. S-1500-CV-264464-AEW
3. Home Builders Association v. City- KCSC Case No. S-1500-CV-267954 NFT
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b) (1) (3) (A) of Government Code Section 54956.9. (Two matters)
C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
RECESS TO CLOSED SESSION
15. CLOSED SESSION ACTION
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
Alan Tandy v
City Manager
09/16/09 10:1 Oam
5 City Council Meeting of 09/23/2009
AGENDA HIGHLIGHTS
September 23, 2009 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
WORKSHOPS
Staff will be providing an update on the CVB's activities over the past year.
CONSENT CALENDAR
Ordinances
Item 8c. First Reading of Ordinances Amending the Redevelopment Plans to Extend Certain
Time Limits on the Old Town Kern-Pioneer Redevelopment Protect and the Southeast Bakersfield
Redevelopment Prolect. California Community Redevelopment Law (CRL) allows
redevelopment plans to be amended to extend by one year the time limit to receive tax
Increment and repay indebtedness when a Redevelopment Agency is required to make a
payment Into Its county's Educational Revenue Augmentation Fund (ERAF) for fiscal year 2003-
04. Due to the fact that the Bakersfield Redevelopment Agency made payments to the
County of Kern ERAF, pursuant to CRL during the 2003-04 fiscal year, both the Old Town Kern-
Pioneer and Southeast Bakersfield plans can each be amended to allow for a one year
extension of life. Due to the fact that both of the Old Town Kern - Pioneer and Southeast
Bakersfield project areas were created after 1994, this time extension can be handled by
ordinance. Conversely, since the Downtown project area was established prior to 1994, the
applicable laws are different and the extension of this area must be handled by public hearing,
which appears as Item 11 b on this agenda.
Resolutions
Item 8g. Resolution Adopting a City Council Policy for Environmentally Preferable Purchasing
E( PP). EPP is the procurement of goods and services that have a reduced impact on human
health and the environment as compared to other goods and services serving the same
purpose. This policy would state that the purchase of environmentally preferable products is
preferred whenever such products perform satisfactorily and are available at the lowest bid.
The adoption of this policy will also provide for compliance with certain federal and state grant
applications that require an EPP policy as a qualifying element of application. The draft policy
was reviewed by the Budget and Finance Committee on August 31, 2009 where it was
recommended for adoption by the full City Council.
Aareements
Item 81. Agreement with Castle & Cooke California, Inc. for Roadway Improvements on Buena
Vista Road from the Union Pacific Railroad's Buttonwillow Branch to the Intersection of White
Lane. Castle & Cooke California, Inc. Is currently constructing the west half of Buena Vista Road
as referenced above. These improvements are included on the 2007-2028 Regional
Transportation Capital Improvement plan. The total estimated cost for these Improvements is
$479,174. This Agreement stipulates the terms of reimbursement from the City to the Developer,
which will be limited to the lesser of the actual costs Incurred or $429,174. This reimbursement
will consists of a payment to Castle & Cooke of $329,174 out of the Transportation Development
Fund along with $150,000 worth of credits for future traffic impact fees to be assessed on Castle
& Cooke's future developments.
Item 8m. Agreement Between City of Bakersfield and AEG Cyclina LLC to Host o Sta a Finish of
the 2010 Amgen Tour of California The Amgen Tour of California is a professionally sanctioned
bicycle race that has been held throughout California for the past four years. It Is run by AEG
Cycling, whose parent company Anschutz Entertainment Group is one the largest sports and
entertainment promoters In the world. Next year's race will be held May 16-23, 2010. The City
assisted a Local Organizing Committee, the Bakersfield Sports Foundation, In making a proposal
to be a "Host City". AEG Cycling will not be announcing the list of proposed Host Cities until a
date to be determined in October. However, preliminary discussions with AEG Cycling have
been very encouraging, and staff is cautiously optimistic that Bakersfield will be selected to host
a Stage Finish. Therefore, staff Is requesting approval of this Agreement with AEG Cycling for the
City of Bakersfield to host a Stage Finish on Thursday, May 20, 2010. The cost to host this event Is
estimated between $100,000 and $150,000, with the bulk of the funds coming from private
donations. No General Funds are being used for this event.
Item 8n. Homelessness Prevention Services and Rapid Re-Housina Services (ARRA) In June of
2009, the City was awarded a grant through the American Recovery and Reinvestment Act
from the U.S. Department of Housing and Urban Development. The funding Is provided to
accomplish two tasks: prevention of homelessness; and re-housing those who would become
homeless if not for this funding. A Request for Qualifications for each component was available
to service providers beginning June 18, 2009. Three (3) proposals were received by the July 1
deadline, two (2) for the Homelessness Prevention services and one (1) for the Rapid Re-Housing
services. A review team from the Economic and Community Development Department
evaluated the proposals and recommends Bethany Services/Bakersfield Homeless Center for
both programs. The total amount available for Homelessness Prevention Services will be
$680,164 and the total amount available for the Rapid Re-Housing Services will be $680,164.
Item 80. Agreement with the Bakersfield Redevelopment Aaency to Provide Financin❑ for
Construction and Development of Affordable Housing for the 19th Street Senior Plaza
Apartments and the Courtyard Family Apartments at South Miiicreek Over the past year, the
City Council and the Redevelopment Agency (Agency) have approved various development
and owner participation agreements in support of the 19th Street Senior Housing Project and the
Courtyard Family Apartments. In December of 2008, the City Council and the Agency
authorized the Issuance of taxable redevelopment housing bonds to provide financing for these
two affordable housing projects. Unfortunately, due to the State of California's poor credit
rating and the continued volatility in the bond market, the housing bonds did not sell. Staff is
requesting to borrow funds from the City's Equipment Fund and Self Insurance Fund In order to
proceed with the Agency's financial commitments for these two projects. The financing terms
for these loans are 7 years at 5% Interest and they will be repaid in semi-annual payments from
the low-mod housing funds of the Old Town Kern Project Area and the Southeast
Redevelopment Project Area. The interest rate proposed to be charged on the loans exceeds
the current investment rate that the City earns from Its regular investment pool.
Agenda Highlights - September 23, 2009 Council Meeting
Page 2
Bids
Item 8u. Accept Base Bid and Additive Alternate 1 and Award Contract to Granite
Construction Co. for the Construction of the Pavement Rehabilitation 2009 CDBG R Project
(ARRA) in the amount of $615,508. This project was placed out to Bid to rehabilitate Chico
Street from King Street to Owens Street; Owens Street form Chico Street to E. 18th Street, Delores
Street from Beal Avenue to Gage Street, and Eureka Street from King Street to Owens Street.
The project also included one Additive Alternate to rehabilitate King Street from Chico Street to
E. 18th Street. On September 3, 2009, six (6) bids were received with Granite Construction being
the lowest Base Bid. Based on the bids, there are sufficient funds to award the Base Bid and the
Additive Alternate for this project. Funding for this project comes from the Community
Development Block Grant funds awarded to the City through the American Recovery and
Recovery and Reinvestment Act.
Item 8v. Accept Bid from Jim Burke Ford for Twenty-Nine (29) Four Door Police Special Sedans
(Nineteen (19) Replacements and Ten (10) Additional) for the Police Department In the amount
of $650,057.47. Invitations to bid were sent to over one hundred (100) suppliers of police special
sedans. Six (6) bids were received in response to this solicitation with five (5) of them being
acceptable. Jim Burke Ford was the lowest acceptable bid. Funds are available In the
Equipment Replacement Fund for the purchase of nineteen (19) replacement units. The
additional ten (10) units will be purchased using funds from a federal grant funded through the
American Recovery and Reinvestment Act of 2009.
Miscellaneous
Item 8x. State of California Education Revenue Auamentation Fund (ERAF) $1,700,000 Transfer
for FY 2009-10. This year, in an effort to balance the state budget, the California Legislature
approved a measure which authorized $2.05 billion in transfers of local redevelopment funds
($1.7 billion in FY 2009-10 and $350 million in FY 2010-11) for state purposes. As In the past, the
California Redevelopment Association (CRA) and its member agencies are preparing to file a
lawsuit to again challenge the constitutionality of state transfers of redevelopment funds. In
anticipation of this pending obligation, the Bakersfield Redevelopment Agency is preparing for
this transfer of funds to the state by allocating the $1,700,000 In FY 2009-10 pending the
outcome of the court case between the State of California and the CRA. Downtown and
Southeast Project Area funds have been Identified for this obligation because these sources are
not allocated for a legally binding activity or other contractual obligation.
Item 81. Appropriate $1,300,000 Anthem Blue Cross Medical Premium Surplus Funds to Provide
for Additional Deposits Into the Retiree Medical Irrevocable Trust Fund The City of Bakersfield
received an annual accounting of funds from Anthem Blue Cross regarding the funding status
of the Blue Cross PPO plans as of December 31, 2008. The report shows an accumulated surplus
of about $3.9 million. Blue Cross is retaining about $2.6 million of these funds for a rate
stabilization fund and reserve for expected dental costs. The remaining $1.3 million is an
additional surplus of funds that can be returned to the City. This information was provided to
the Insurance Committee and the committee recommended that the full $1.3 million be
deposited into the Other Post Employment Benefit (OPEB) Irrevocable Trust account. This
account was established a couple years ago to set aside funds for future retiree medical
subsidy obligations of the City. This Information and the Insurance Committee recommendation
Agenda Highlights - September 23, 2009 Council Meeting
Page 3
was also presented to the Personnel Committee and the committee supported the
recommendation and recommends approval by the full Council.
Item 8aa. Adoption of 2009-10 Eaual Employment Opportunity Plan Due to the recent Federal
Grants received by the City, such as the ARRA related grants received by the Police
Department, the City is required to have an updated Equal Employment Opportunity Plan
(EEOP). This plan replaces what was previously referred to as the Affirmative Action Plan.
CONSENT CALENDAR HEARINGS
Item 9b. Public Hearina to Consider the Amendment of the Downtown Redevelopment Plan to
Extend Certain Time Limits Similar to Item 8c on this agenda, California Community
Redevelopment Law (CRL) allows redevelopment plans to be amended to extend by one year
the time limit to receive tax Increment and repay Indebtedness when a Redevelopment
Agency (Agency) is required to make a payment Into its county's Educational Revenue
Augmentation Fund (ERAF) for fiscal year 2003-04. The Downtown plan can be amended by
Increasing by three (3) years the limits on effectiveness and the time to pay Indebtedness and
receive tax Increment for the original area and each of the added areas of the plan.
CLOSED SESSION
There will be a conference with legal counsel regarding three (3) cases of existing litigation; two
(2) items of potential litigation;.,and a conference with the labor negotiator.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - September 23, 2009 Council Meeting
Page 4
F a A~~S ~
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ADMINISTRATIVE REPORT `
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MEETING DATE: September 23, 2009 AGENDA SECTION: Workshops
ITEM: 5, A.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: September 3, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Convention & Visitors Bureau Update
RECOMMENDATION:
No action required.
BACKGROUND:
Staff will provide an update on the CVB's activities over the past year.
S:%Admins\City Council\City Council Admins 2009-CVB\CVB Activities Update 9-23-09.130c
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U ADMINISTRATIVE REPORT
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MEETING DATE: September 23, 2009 AGENDA SECTION: Presentations
ITEM: (y , a„
TO: Honorable Mayor and City Council "PROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: September 10, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Judi McCarthy, Chairman of the Board, Kern
Community Foundation and Fred Drew, President & CEO, Kern Community Foundation,
honoring the 10th Anniversary of the Kern Community Foundation.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
1F0
MEETING DATE: September 23, 2009 AGENDA SECTION: Presentations
ITEM: , b
TO: Honorable Mayor and City Council ROY D
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD
DATE: September 10, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Links for Life representatives declaring
October, 2009 Paint the Town Pink Month.
RECOMMENDATION:
BACKGROUND:
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ADMINISTRATIVE REPORT
1 0
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela McCarthy, City Clerk l% J DEPARTMENT HEAD. YdT-
DATE: September 16, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the September 9, 2009 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
LIF
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: , b,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: September 10, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from August 28, 2009 to September 10, 2009 in the
amount of $28,902,915.04 and Self Insurance payments from August 28, 2009 to
September 10, 2009 in the amount of $107,621.75.
RECOMMENDATION:
Staff recommends approval of payments totaling $29,010,536.79.
BACKGROUND:
KLG
September 10, 2009, 4:43PM
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ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: September 15, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of ordinances amending the Redevelopment Plans to extend certain time
limits on the effectiveness of the Plans and the time to pay indebtedness and receive tax
increment. (Wards 1 & 2)
1. Old Town Kern-Pioneer Redevelopment Project
2. Southeast Bakersfield Redevelopment Project.
RECOMMENDATION:
Staff recommends first reading of ordinances.
BACKGROUND:
This agenda item for first reading of ordinances to extend certain time limits for the Old Town and
Southeast Redevelopment Project Areas is similar to an item under Consent Hearings for the Downtown
project area. However, the rules governing newer project areas like Old Town Kern-Pioneer and
Southeast Bakersfield do not require a public hearing, unlike the item for Downtown. Therefore, these
items need to be considered separately.
When a Redevelopment Agency is required to make a payment into its county's Educational Revenue
Augmentation Fund (ERAF) for fiscal year 2003-04, California Community Redevelopment Law (CRL)
allows redevelopment plans to be amended to extend by one year the time limit on the repayment of
indebtedness and the time to receive tax increment and repay indebtedness.
Because the Bakersfield Redevelopment Agency made payments to the County of Kern ERAF pursuant to
the relevant sections of the CRL during fiscal years 2003-04, both the Old Town Kern-Pioneer and
Southeast Bakersfield plans can each be amended to allow a one year extension on the time limit on the
effectiveness and the time to receive tax increment and repay indebtedness upon the making of certain
findings.
The Bakersfield Redevelopment Agency adopted a resolution on September 14, 2009 desiring the
redevelopment plans to be amended and requesting the Council to do so. In that resolution, the Agency
also requested the Council to restate certain financing limits adopted by prior ordinances in the
Redevelopment Plan.
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9/15/2009 10:31 AM
ADMINISTRATIVE REPORT Page 2
By adopting this ordinance the Council makes certain findings, extends the effectiveness and amends the
Redevelopment Plans for the Old Town Kern-Pioneer and Southeast Bakersfield projects, respectively.
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ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: $ .
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD_,~_
DATE: September 4, 2009 CITY ATTORNEY
CITY MANAGER ,CJ
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section §1.12.010,
§1.12.030, §1.12.040 and §1.12.070 by adding Annexation No. 598 consisting of 30.26
acres, located along the north side of Casa Loma Drive, east of Cottonwood Road to
Ward 1, Annexation No. 571 consisting of 20.09 acres, located along the south side of
Pioneer Drive, east of Vineland Road to Ward 3, Annexation Nos. 593 consisting of
15.72 acres, located on the north and south side of Kimberly Avenue, between Coffee
Road and Patton Way and Annexation No. 603 consisting of 77.31 acres, located along
the south side of Seventh Standard Road, west of Calloway Drive, east of the Friant
Kern Canal to Ward 4, and Annexation No. 600 consisting of 66.14 acres, located along
the west side of South H Street, north and south of Taft Highway to Ward 7. (Wards 1,
3, 4 and 7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 598, 571, 593, 603 and 600 into
the corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 598 is located along the north side of Casa Loma Drive, east of Cottonwood Road. The
annexation territory consists of 30.26 acres of undeveloped land. The property owners requested
annexation for the development of industrial uses and to receive city services. This area will be
included into Ward 1.
Annexation No. 571 is located along the south side of Pioneer Drive, east of Vineland Road. The
annexation territory consists of 20.09 acres of undeveloped land. The property owner requested
annexation for residential development and to receive city services. This area will be included into
Ward 3.
Annexation No. 593 (known as Kimberly No. 1) is an inhabited annexation consisting of 15.72 acres
located on the north and south side of Kimberly Avenue, between Coffee Road and Patton Way. The
City of Bakersfield held a special municipal election on June 16, 2009 for the annexation territory.
Results of the special municipal election indicated that the majority of voters residing in the annexation
territory wanted to be annexed to the City of Bakersfield. Election results were declared at the June 24,
2009 LAFCO meeting. Following that meeting, LAFCO issued a Resolution Making Determination
ADMINISTRATIVE REPORT Page 2
(Resolution No. 08-65) ordering the annexation into the City of Bakersfield. This area will be included
into Ward 4.
Annexation No. 603 is located along the south side of Seventh Standard Road, west of Calloway Drive,
east of the Friant Kern Canal. The annexation territory consists of 77.31 acres of undeveloped land.
The property owner requested annexation for development of commercial and residential uses and to
receive city services. This area will be included into Ward 4.
Annexation No. 600 is located along the west side of South H Street, north and south of Taft Highway.
The annexation territory consists of 66.14 acres of land. The property owner requested annexation to
receive city services. This area will be included into Ward 7.
S:1Annexation\Ordinances120091Admin Draft - 9-23-09 598, 571, 593
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ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: September 4, 2009 CITY ATTORNEY i.✓
CITY MANAGER F~
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (101-13) of Title Seventeen of the Bakersfield Municipal Code by changing
the zoning from A (Agriculture) to M-1 (Light Manufacturing) and M-2 (General
Manufacturing) on 8.7-acres generally located at the southwest corner of Hageman
Road and Allen Road, east of the A.T.&S.F. railroad tracks. (ZC 09-0303 - Marino and
Associates, representing Hageman Road Property Inc., the property owner). (Ward 4).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on September 9, 2009.
The proposal would allow for the development of 90,0001 square feet of industrial space on the 8.7-acres
project site.
On August 6, 2009, the Planning Commission held an advertised public hearing on this zone change
request, and recommend adoption by the City Council. The zone change request consists of changing the
zoning from an A (Agriculture) zone to and M-1 (Light Manufacturing) zone and M-2 (General
Manufacturing) zone on 8.7-acres. The reason for the request is to allow for the development of 90,000±
square feet of industrial space on the 8.7-acre project site. The General Plan Land Use designation on
the subject property is LI (Light Industrial) and SI (Service Industrial).
No one present at the hearing was in opposition to the request and the applicant agreed to all conditions
and mitigation for the project. There were no agencies in opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on May 12, 2009, in
accordance with CEQA.
JSWO
SAZoneChange\yr 2009\09-0303\Staff Reports\Admin Report.doc
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ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: S. f.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: September 14, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an Ordinance partially upholding an appeal and amending Section 17.06.020
(Zoning Map No. 103-01, and 104-06) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from R-1, R-1-HD, R-S-10A-HD to OS-HD on 297.10 acres, R-1-HD
on 508.57 acres, R-2-HD on 46.68 R-2-HD on 28.18 acres and C-2-1-1D on 8.15 acres for a
total of 888.68 acres on generally located south of Hart Memorial Park; Alfred Harrell
Highway bounds the site on the west, north and east sides. (ZC 03-0337 - The Canyons
Project). (Ward 3).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on September 9, 2009. The Canyons EIR was certified and the
General Plan Amendment was also approved on September 9, 2009. The attached ordinance and
exhibits have been updated in accordance with the incorporation of the corrections contained in the
September 9, 2009 memo from the Development Services Director.
Robert Kapral, representing Canyons LLC, the applicant appealed conditions related to interim Class I
bike path on Morning Dr., a special events traffic plan, PUD (Planned Unit Development) overlay zoning
on R-1 property. He withdrew his appeal related to the transportation fee. The condition related to
Morning Drive has been modified remove the interim Class I bike path and the other two conditions have
been deleted.
The project approval includes conditions of approval related to traffic, and/or environmental documents
that disclose to the public the impact of traffic on the environment as a result of the proposed project traffic
mitigation, which relies partially on payment of a regional traffic impact fee (RTIF).
The regional traffic mitigation conditions assume payment of the correct RTIF. Because of a pending
lawsuit by the Home Builders Association of Kern County, approval of said project will make the project,
as well as the City, vulnerable to a CEQA challenge based on unknown clarity as to the adequacy or
enforceability of traffic mitigation. Therefore, the applicant and owner are proceeding at their own risk and
are obligated to defend and indemnify the City of Bakersfield as required under the Bakersfield Municipal
Code and conditions of approval if the City is challenged. In addition, the City will reserve the right, if this
project is subject to a lawsuit, to request a continuance/delay of the adjudication of such a lawsuit until
resolution of the RTIF lawsuit.
ADMINISTRATIVE REPORT Page Z
The proposal would allow for the development of a mixed use neighborhood on 888.68-acres generally
located south of Hart Memorial Park. The project consists of 1,214 single-family residential lots, with the
majority developed as private gated streets, and 120 multi-family dwelling units, and 8 acres of
commercial property. There are 2 public parks, 9.66 miles of public trails and a 1.4 mile Class I bike path.
Over 290 acres will be retained as open space. A 243.20-acre parcel (Assessor's Parcel No. 386-030-04)
located in the eastern portion of the Canyons project site lies within the boundaries of Kern County
Agricultural Preserve No. 14, of which a 201.20-acre portion of this parcel is subject to a Williamson Act
Contract. The applicant's request would allow the tentative cancellation of the 201.20-acre under a
Williamson Act Contract and the removal of the entire 243.20-acre parcel from Kern County Agricultural
Preserve No. 14.
On April 16, 2009, by a 5-2 vote, the Planning Commission recommended approval of the Canyons
project GPA and Zone Change, subject to the following changes. The recommended plan is known as the
"hybrid plan" to which the applicant has agreed. The hybrid plan reasonably achieves the goals of both
the developer and the City, and provides better recreational benefits and circulation. Staff recommended
approval of the Canyons project with conditions of approval that are intended to balance the urban
development and community benefits.
On April 22, 2009, the applicant appealed four conditions of approval recommended by the Planning
Commission. The appeal concerned conditions on the traffic impact fee, requirement of a Class I bike path
on Morning Drive, a special events traffic plan, and a PUD overlay zone on residentially zoned property.
The applicant subsequently withdrew the appeal related to the traffic impact fee. On September 9 , the
Council partially upheld the appeal by deleting the conditions for a special events traffic plan, and a PUD
overlay zone, and only requiring a bike lane on Morning Drive.
Environmental Review:
The Final EIR for the Canyons project was prepared in accordance with CEQA and local regulations. The
Final EIR concluded that environmental impacts resulting from the project are either no impact, less than
significant, or less than significant with mitigation measures.
Conclusion/Recommendation:
City Council certified the EIR on September 9, 2009. All appealed conditions have been mutually
resolved. Staff recommends second reading and adoption of the ordinance.
Jeng
S:\03-0337 Canyons\City Councii\Sept 23-09 zc 2nd\AR-ZC 2nd Canyons.doc
(9/14/2009 9:51 AM)
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4
ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: S,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: September 8, 2009 CITY ATTORNEY Ae~
CITY MANAGER
SUBJECT: Resolution Adopting a City Council Policy for Environmentally Preferable
Purchasing (EPP). (Citywide)
RECOMMENDATION: Budget & Finance Committee recommends adoption of the Resolution.
BACKGROUND: Environmentally Preferable Purchasing (EPP) is the procurement of goods and
services that have a reduced impact on human health and the environment as compared to
other goods and services serving the same purpose. The purchase of environmentally
preferable products is preferred whenever such products perform satisfactorily and are
available at the lowest bid.
This policy is intended to provide for compliance of certain Federal or State grant applications
that require adoption of an EPP policy as a qualifying element of the application and to make
the City's operations and services a model of sustainable practices as required by Public
Contract Code 12400-12404.
The draft policy was reviewed by the Budget and Finance Committee at their meeting on
August 31, 2009 and the committee voted to recommend adoption of the policy to the full
City Council.
Purchasing Division
S:\PURCH\ADMIWdmin 09-10\Resolution to adopt EPP policy, September 23, 2009.doc
September 9, 2009, 9:04AM
A
O
ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: h .
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 10, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution amending the official list of designated speed zones, pursuant to Sections 22357
and 22358 of the California Vehicle Code and Chapter 10.24 of the Bakersfield Municipal
Code (Ward 4).
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: This resolution establishes speed zones which can be enforced by radar on roadways
within the City. The roadway segments below are proposed to have a speed zone change, road segment
limit change, or had been previously established by the County.
Speed Existing Proposed
Zone Speed Speed
Location Limit Limit
Council Ward #4
Allen Road, from Stockdale Hwy to Ming Avenue 65mph 50mph
Chapter 7 of the California Vehicle Code (CVC) defines four different speed limits within which all drivers
should obey whether or not signs are erected indicating those speed limits. The four speed limits are as
follows:
1. 15 m.p.h.
a. At "blind" railroad crossings. (CVC Section 22352.a.1)
b. At "blind" intersections. (CVC Section 22352.a.2)
C. On any alley. (CVC Section 22352.a.3)
2. 25 m.p.h.
a. In a "residence" district. (CVC Section 22352.b.1)
b. Ina "business" district. (CVC Section 22352.b.1)
C. In a school zone. (CVC Section 22352.b.2)
3. 55 m.p.h.
Upon a two-lane, undivided highway. (CVC Sections 22349 b., and 40802)
4. 5 m. .h.
Any street which does not fall into the categories listed in numbers 1, 2 and 3 above. (CVC
Sections 22349.a. and 40802)
G:IGROUPDATIADMINRPT12009109-23Wdmin_Rpt SpeedLimits_Sept23.doc
ADMINISTRATIVE REPORT
The California State Legislature revised the California Vehicle Code (CVC) effective January 1, 1997 to
set the maximum speed limit at 65 mph.
The CVC allows the 25 m.p.h. speed limit to be raised (Section 22357) or the 65 m.p.h. speed limit to be
lowered (Section 22358) to facilitate the smooth orderly flow of traffic. This increase or reduction is done
by an "Engineering and Traffic Survey". The survey must be done in accordance with State mandated
procedures and must be renewed every five (5) years.
The speed limit which is proposed in the subject resolution has been established as a result of an
"Engineering and Traffic Survey".
G:\GROUPDAT\ADMINRPT\2009\09-23\Admin_Rpt SpeedLimits_Sept23.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent
ITEM S . j .
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: September 2, 2009 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Property Abatements
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of the assessments by the Kern County
Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on September 14, 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:
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
1. 3331 Bank Street 020-083-10 $ 775.00
2. 820 S. Brown Street 019-142-04 $ 794.00
3. 1901 Brundage Lane 147-271-10 $ 300.00
4. 2030 Cottonwood Road 170-260-12 $ 994.00
5. 719 S. Haley Street 019-112-11 $ 744.00
September 3, 2009, 9:12AM
S:1Dana1ADMINS\2009\Sept109-23-Property Abatement.doc
ADMINISTRATIVE REPORT Page 2 of 4
PROPERTY LOCATION APN COST
Ward 1/Counciimember Irma Carson
6. 131 K Street 010-311-40 $ 699.00
7. North of 130 L Street 010-321-30 $ 719.00
8. 201 S. Milham Drive 169-041-25 $ 300.00
9. 1120 O'Neill Avenue 412-151-32 $ 800.00
10. 29 S. Owens Street 018-260-24 $ 300.00
11. 601 Pacheco Road #63 412-053-21 $ 699.00
12. 308 Radicchio Avenue 413-232-05 $ 600.00
13. 26 N. Stine Road 020-291-09 $ 874.00
14. 813 Watts Drive 170-142-07 $ 729.00
15. 120 Wetherley Drive 020-064-09 $ 700.00
16. 1425 Wilkins Street 018-432-05 $ 724.00
17. 1320 1 "t Street 010-311-17 $ 300.00
18. 1208 3`d Street 010-190-29 $ 300.00
19. 625 E. 0 Street 139-292-06 $ 893.00
20. 110E . 8t' Street 139-191-04 $ 600.00
21. 600 E. 9 h Street 139-112-10 $ 699.00
22. 613 E. a Street 139-162-04 $ 714.00
Ward 2/Counciimember Sue Benham
23. 1429 Baker Street 013-270-01 $ 300.00
24. 359 Beech Street 008-112-02 $ 719.00
25. 1901 Buena Vista Street 008-311-09 $ 675.00
26. 3105 California Avenue 007-041-04 $ 650.00
27. 1031 Dolores Street 017-390-07 $ 794.00
28. 1127 Elm Street 007-041-11 $ 650.00
29. 1312 Eureka Street 017-230-12 $ 794.00
30. 3606 L Street 120-140-16 $ 1,184.00
31. 3631 L Street 120-110-07 $ 719.00
32. 183 La Mesa Drive 124-122-19 $ 105.00
33. 316 Lincoln Street 012-330-14 $ 300.00
34. 3212 Mulberry Drive 001-381-17 $ 784.00
35. 314 Olive Street 008-053-22 $ 690.00
36. 530 Olive Street 007-391-01 $ 650.00
37. 1809 Orange Street 007-192-14 $ 675.00
38. 1915 Orange Street 007-192-08 $ 675.00
39. 44 Oregon Street 012-111-07 $ 825.00
40. 530 Oregon Street 013-290-03 $ 1,465.00
41. 2406 Park Way 007-091-12 $ 673.00
42. 2815 Park Way 007-032-11 $ 650.00
43. 3031 Park Way 007-042-07 $ 650.00
44 1324 Quincy Street 127-030-24 $ 739.00
September 3, 2009, 9:11AM
S:\Dana\ADMINS\2009\Sept\09-23-Property Abatement.doc
ADMINISTRATIVE REPORT Page 3 of 4
PROPERTY LOCATION APN COST
Ward 2/Councilmember Sue Benham
45. 2930 San Emidio Street 007-033-25 $ 720.00
46. 1718 Tulare Street 012-380-22 $ 700.00
47. 2900 Union Avenue 012-071-03 $ 300.00
48. 308 17th Street 006-124-17 $ 1,225.00
49. 1031 E. 18th Street 017-260-07 $ 575.00
Ward 31Councilmember Ken Weir
50. 3201 Arnold Street 021-382-22 $ 724.00
51. 2825 Pomona Street 021-403-28 $ 724.00
Ward 4/Councilmember David Couch
52. 10212 Huntington Downs Avenue 526-413-10 $ 785.00
53. 10212 Polo Trail Avenue 526-501-13 $ 750.00
54. 4515 Triple Crown Drive 527-068-27 4 724.00
55. 9903 Turfway Park Court 526-452-09 $ 300.00
Ward 5/Counciimember Harold Hanson
56. 10708 Anacostia Way 394-311-14 $ 845.00
57. 9527 Empire State Drive 497-441-05 $ 794.00
58. 7604 Huachuca Court 385-311-15 $ 850.00
59. 3012 Victoria Way 381-134-12 $ 105.00
Ward 6/Coucilmember Jacauie Sullivan
60. 2311 Bladen Street 355-211-04 $ 300.00
61. 6015 Georgia Pine Way 499-251-03 $ 795.00
62. 9105 Great Harvest Drive 532-122-11 $ 719.00
Ward 7/Councilmember Zack Scrivner
63. 8505 Areli Street 514-681-03 $ 679.00
64. 1909 Calla Lily Drive 405-343-04 $ 719.00
65. 8803 Domingo Street 514-641-07 $ 699.00
66. 704 Fownes Court 516-220-09 $ 700.00
67. 1008 Mable Avenue 413-132-03 $ 825.00
68. 6221 Regina Way 413-143-02 $ 300.00
69. 2824 Tar Springs Avenue 514-402-07 $ 700.00
70. 5708 Walton Drive 372-363-03 $ 825.00
71. 6915 Whisenant Street 516-411-05 $ 975.00
September 3, 2009, 9:11AM
S:\Dana%DMINS12009\Sept\09-23-Property Abatement.doc
ADMINISTRATIVE REPORT Page 4 of 4
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal
Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement
Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter
8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at
the hearing on this matter before the City Manager or his designee and to object to the correctness of the
costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the
assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the
City for work performed to remove the public nuisance and order that such costs be made a lien against
the property. This will be done by adoption of the attached resolution.
September 3, 2009, 9:11AM
S:1Dana1ADMINS120091sept\09-23-Property Abatement.doc
A
U ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: September 4, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of Application proposing annexation of uninhabited territory to the
City of Bakersfield identified as Annexation No. 520 consisting of 31.53 net acres
located at the southwest corner Gosford Road and McCutchen Road. (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the
City of Bakersfield. The proposed annexation identified as Annexation No. 520 consists of three
parcels of land on 31.53 acres. The annexation territory is completely surrounded by City limits
and is within the City's Sphere of Influence boundary. A request for annexation was submitted by
one of the property owners, Structure Cast, a precast concrete manufacturing company.
To create a logical boundary, two adjacent parcels were included in this annexation territory. In
doing so, the entire county island will be eliminated upon annexation approval. The proposal is to
annex land that is developed with the Golden Empire Concrete plant, Structure Cast industrial
facilities and a PG & E storage yard to allow them to receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
DL:dc
SAAnnexation\Res of AppiidAdmin Draft 520.doc
A n
l O~~CO~R+C
ADMINISTRATIVE REPORT
IFO
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD IN
DATE: September 9, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolutions adding territory (listed below) to the Consolidated Maintenance District,
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector:
1. Area 2-41 (McDonald Way, Ming Ave NW) (Ward 6)
2. Area 4-93 (2730 Mall View Road) (Ward 3)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 9, 2009, the Council adopted Resolutions of Intention Nos. 1642 and
1643 to add the above territory to the Consolidated Maintenance District as required by Section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and
will be assigned the appropriate tier levels when parks and/or street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s)
have also submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map.
G:\GROUPDAT\ADMINRPT\2009\09-23\Res Estab MD 2-41 & 4-93 Admin.doc
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ADMINISTRATIVE REPORT
10
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD d
DATE: September 10, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Castle & Cooke California, Inc. for roadway improvements on Buena Vista
Road from the Union Pacific Railroad's Buttonwillow Branch to the intersection of White
Lane (Ward 5):
1. Reimbursement agreement with Castle & Cooke California, Inc (not to exceed
$329,174.00) to construct roadway improvements on Buena Vista Road.
2. Transportation Impact Fee Agreement (not to exceed credit of $150,000.00) to
construct roadway improvements on Buena Vista Road.
RECOMMENDATION: Staff recommends approval of Agreements.
BACKGROUND: Castle & Cooke California, Inc. (Developer) is currently constructing the west half of
Buena Vista Road from the Union Pacific Railroad's (UPRR) Buttonwillow Branch to the intersection of
White Lane. These improvements are included on the 2007-2028 Regional Transportation Capital
Improvement Plan. The total estimated cost for these improvements is $479,174. The attached
agreements stipulate the improvements required to be completed by the Developer and the terms of
reimbursement from the City to the Developer. The reimbursement will be limited to the lesser of actual
costs incurred or $429,174.
Staff recommends that the reimbursement to the Developer be made through two different methods. The
first method will be paying the Developer $329,174.00. The reimbursement to the Developer
Reimbursement in the amount of $329,174 will be made out of the Transportation Development Fund. In
addition, the Developer will accept $150,000 of credits to future traffic impact fees to be assessed on their
future developments.
These improvements will enhance traffic flow on Buena Vista Road. Therefore, staff recommends
approval of the agreements.
Ps
G:\GROUPDAT\ADMINRPT\2009\09-23\Castle & Cooke Reimbursement & TIF Agreement admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 7AGENDA SECTION: Consent Calendar
ITEM: 8. m.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD I ,
DATE: September 17, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement between City of Bakersfield and AEG Cycling, LLC to host a Stage Finish of the
2010 Amgen Tour of California. (Ward 3)
RECOMMENDATION:
Staff recommends approval with authorization to make minor revisions if necessary.
BACKGROUND:
The Amgen Tour of California (ATOC) is a professionally sanctioned bicycle race that has been held
throughout California for the past four years. It is run by AEG Cycling (AEG), whose parent company
Anschutz Entertainment Group is one of the largest sports and entertainment promoters in the world. The
race consists of a number of Stages typically with a Stage Start in one city and a Stage Finish in another
city on the same day. Each Stage is approximately 100 miles long. The 2009 race consisted of eight
Stages and was held from February 14 through February 22.
Next year's race will be held May 16 - 23, 2010. The City assisted a Local Organizing Committee (LOC),
the Bakersfield Sports Foundation, in making a proposal to be a "Host City". AEG Cycling will not be
announcing the list of proposed Host Cities until a date to be determined in October. However, preliminary
discussions with AEG Cycling have been very encouraging, and staff is cautiously optimistic that
Bakersfield will be selected to host a stage finish. Therefore, we are requesting City Council approval of
an agreement between the City and AEG Cycling for the City of Bakersfield to host a Stage Finish on
Thursday, May 20, 2010. The route of the race and final end stage location are to be determined and
finalized within the next few months. The cost to host an event of this magnitude is estimated between
$100,000 and $150,000 dollars.
Funding for the ATOC has been a public - private effort with the bulk of the funds coming from private
donations. To date, we have sponsorships totaling $182,500 consisting of $35,500. cash, $109,500
pledged, and $37,500 in-kind. No General Funds are being used for this event and an additional round of
fund raising will occur after approval of the agreement. In addition, the Convention & Visitors Bureau
Board has pledged up to $38,000 in TOT funds currently budgeted for these types of events.
SAAdmins\City Council\CVBAmgen9.23.09rev.3.doc
9/17/2009 2:58 PM
ADMINISTRATIVE REPORT Page2
Host Cities are required to enter into an Agreement with AEG similar to that being presented to
Bakersfield. CVB staff has contacted city staff and/or other local event organizers in the cities of Clovis,
Davis, Pasadena, San Jose, Santa Clarita and Santa Rosa. All conveyed enthusiasm about the event
with the City of Santa Rosa having participated for the past 4 years. In addition, these cities were also
impressed by the level of professionalism demonstrated by AEG in operating a highly organized event and
all were interested in being selected to host future races.
SAAdmins\City Council\CVBAmgen9.23.09rev.3.doc
9/17/20092:58 PM
" "A
facuwe,re~~~
k` ~ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: August 21, 2009 CITY ATTORNEY Q~
CITY MANAGER
SUBJECT: Agreements with Bethany Services/Bakersfield Homeless Center, to provide
Homelessness Prevention and Rapid Re-Housing Program services:
1. Agreement in an amount not to exceed $680,164 to provide Homelessness
Prevention Services. (Wards All)
2. Agreement in an amount not to exceed $680,164 to provide Rapid Re-
Housing Services. (Wards All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In June 2009, the City was approved for a grant through the American Recovery and
Reinvestment Act from the U.S. Department of Housing and Urban Development (HUD). The
Homelessness Prevention and Rapid Re-Housing Program (HPRP) provides funds for two tasks
(1) prevention of homelessness and, (2) re-housing those who would become homeless if not
for this funding.
To ensure HUD's guidelines on timeliness requirements are met, City Council has previously
approved an Amendment to the Action Plan, and staff has held a public meeting, and received
notice from HUD of approval of the Amendment.
A Request for Qualifications for each element (1) homelessness prevention and (2) rapid re-
housing services was available to service providers beginning June 18, 2009. The
documents were posted on the city's website and postcards were mailed to approximately 40
service providers. Three proposals were received by the July 1 deadline, two for the
Homelessness Prevention services and one for the Rapid Re-Housing services. All proposals
received were evaluated by the following criteria:
• Qualifications to provide the requested services. 20°x6
• Experience in successfully operating other programs. 15%
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• Ability to complete the project within desired timeline. 20%
• Technical experience and ability to provide data. 20%
• Financial capacity to continue program. 15%
• Qualifications of the service provider team. 10%
A review team from the Economic and Community Development Department evaluated the
proposals and recommends one service provider, Bethany Services/Bakersfield Homeless
Center, for both the Homelessness Prevention and the Rapid Re-Housing elements.
The City's expenses will be reimbursed by the HPRP Grant upon invoices being approved by
the City. The total amount available for Homelessness Prevention Services will be $680,164.
The total available for the Rapid Re-housing Services will be $680,164.
Bethany Services/Bakersfield Homeless Center anticipates all services will be provided through
collaborative efforts by executing memorandums of understanding with several other service
providers. The city's agreement with HUD requires all the funding from the HPRP must be
committed prior to September 30, 2009 and fully expended by September 30, 2012.
S:\Admins\City Council\City Council Admins 2009\Revised 082009 HPRP Homeless Prevention and Rapid Re-Housing
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ADMINISTRATIVE
REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: , D.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD I ~Ac
DATE: September 1, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Loan Agreement with the Bakersfield Redevelopment Agency to provide financing
for the construction and development of affordable housing for the 19th Street
Senior Plaza Apartments and the Courtyard Family Apartments at South Millcreek.
(Ward 2)
1) Authorize a loan and appropriate funds to provide a 7 year, $2.0 million loan at
5% interest from the City Equipment Fund to the Redevelopment Agency to provide
construction assistance required for the 19th Street Senior Plaza Development
located east of the canal between 18th and 19th Streets, 501 191h Street; and
2) Authorize a loan and appropriate funds to provide a 7 year, $1.5 million loan at
5% interest from the Self Insurance Fund to the Redevelopment Agency to provide
construction assistance required for the Courtyard Family Apartments located west
of "S" Street, between 13th Street and 14th Streets at South Mlllcreek.
3) Appropriate $1.0 million fund balance from the Bakersfield Redevelopment
Agency SEPA Housing Fund to provide construction assistance required for the
Courtyard Family Apartments located west of "S" Street, between 13th Street and
14th Streets at South Millcreek.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
Over the past year, the Bakersfield City Council and Redevelopment Agency have approved
various development and owner participation agreements in support of the 19th Street Senior
Housing Project (67 units) located east of the canal between 18th & 19th Street and the Courtyard
Family Apartments (57 units) located at South Millcreek. In December, 2008 the City Council and
Redevelopment Agency authorized the Issuance of taxable redevelopment housing bonds to
provide financing for these two affordable housing projects. Unfortunately, due to the State of
California's poor credit rating and the continued volatility in the bond market the housing bonds
did not attract investors and did not sell on the private market.
SAAdmins\City Council\City Council Admins 2009\RedevFinancing9.23.2009Housing.doc
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Staff is requesting to borrow the funds from the City's Equipment Fund and Self Insurance Fund in
order to proceed with the Agency's financial commitments for these two affordable housing
projects. Financing terms for these loans are 7 years at 5% interest and will be repaid in semi
annual payments from the low-mod housing funds of the Old Town Kern Project Area and
Southeast Redevelopment Project Area. When the bond market improves, the Redevelopment
Agency will again prepare a bond offering that could allow for early repayment of the loans.
The interest rate proposed to be charged on the loans exceeds the current investment rate of
funds that the City earns from its regular investment pool. The proposed loan is secured by the
Redevelopment Agency's affordable housing fund which has been untouched to date by the
State of California financial raids on Redevelopment Agency resources.
Both projects are expected to commence construction no later than December 2009 and should
be complete by Spring, 2011. These residential projects are an instrumental part of the Mill Creek
Project and were used as components for calculation in the amount of the financial award for
the recent Prop 1C infrastructure grant funds the Agency received from the State of California
Housing and Community Development Department. Failure to complete the affordable housing
projects within 5 years could result in the loss of these grant funds.
S:\Admins\City Council\City Council Admins 2009\RedevFinancing9.23.2009Housing.doc
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ADMINISTRATIVE REPORT
~ `w.r,tis
FO
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: September 9, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 07-367 with Ennis Paint, Incorporated,
extending the term for one (1) year and adding $110,000 (for a total not to
exceed amount of $330,000) to the Annual Contract for Traffic Paint. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On October 10, 2007, Council awarded the Annual Contract for the supply of
traffic paint in the amount of $110,000. The agreement allows for four (4) consecutive one-
year extensions, if all parties agree. On October 8, 2008, Council executed Amendment No. 1
adding an additional $110,000 for a revised not to exceed amount of $220,000 and extending
term one year to expire in October 2009. If approved, Amendment No. 2 will add $110,000 for
a revised not to exceed amount of $330,000 and will extend term one year to expire in
October 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:\PURCH\ADMIN\Amendments\Amendment #2 to Agreement 07-367, Ennis Paint, Inc, September 23, 2009.doc
September 9, 2009, 4:56PM
A
ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: 0
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD -S
DATE: September 9, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 07-349 with Granite Construction Company
extending the term for one (1) year and adding $5,000,000 (for a total not to
exceed amount of $15,000,000) to the Annual Contract for Street Materials. (City
Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On September 26, 2007, Council awarded the Annual Contract for the supply
of street materials in the amount of $5,000,000. The agreement allows for four (4) consecutive
one-year extensions, if all parties agree. On September 3, 2008, Council executed
Amendment No. 1 adding an additional $5,000,000 for a revised not to exceed amount of
$10,000,000 and extending term one year to expire in September 2009. If approved,
Amendment No. 2 will add $5,000,000 for a revised not to exceed amount of $15,000,000 and
will extend term one year to expire in September 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:\PURCFMDMIMAmendmentsWmendment #2 to Agreement 07-349, Granite Const, September 23, 2009.doc
September 9, 2009, 4:46PM
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ADMINISTRATIVE REPORT
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L/
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 9, 2009 CITY ATTORNEY
CITY MANAGER J~
SUBJECT: Contract Change Order No. 21 to Agreement No. 08-062 with Granite Construction
($41,728.20; for a revised not to exceed amount of $8,556,000.70) for the project
known as Allen Road Improvements between Ming Avenue and Stockdale Highway
(Ward 4)
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the construction of new roadway on the Allen Road alignment
across the Kern River between Stockdale Highway and Ming Avenue.
Contact Change Order No. 21 provides for various items of extra work required to construct the traffic
signal and lighting systems that are a part of this project. Due to existing conditions, some changes in
design and configuration of these systems was necessary in order to provide for a signal and lighting
system that is functional and meets all current design specifications. This work includes additional conduit
and wire for a PG&E point of connection, changes to the interconnect system, a change in a traffic signal
head, additional detection cable, and changes in a keyed access station that interfaces with the signal at
the Kern Island Canal.
The net cost increase of Change Order No. 21 is $41,728.20. The change orders to date on this project
reflect a total cost increase of $460,384.70 (which is an increase of 5.7% of the original contract amount)
as illustrated below:
• Original Contract Amount = $8,095,616.00
• Amended Contract Agreement after Change Orders = $8,556,000.70
Net Increase to date = $ 460,384.70
September 9, 2009, 4:52PM
G:\GROUPDAT\ADMINRPR2009\09-23\CCO 21 Allen Road Bridge and Improvements.doc
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1
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APP OVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD..
DATE: September 9, 2009 CITY ATTORNEY -A,
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 09-026 with Restroom Facilities
Limited ($11,268.00; for a revised not to exceed amount of $316,254.00) for the
project known as Mill Creek Prefabricated Restroom Facility (Ward 2)
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for the construction of a new prefabricated restroom facility on the
Mill Creek project in the park area between 19th Street and 21St Street.
During the construction of the restroom facility, it was discovered that additional steel decking was needed
in order to increase the structural integrity of the roof for maintenance purposes. The roofing material also
needs to be changed to "Ultra Seam" roofing in order to match the roofing on the bridge structure. The
contractor has agreed to make these changes for the lump sum price of $10,537.00.
The urinals in this restroom facility also need to be changed to match the models used in other park
facilities within the City. This change will allow for enhanced maintenance, repair, or replacement of these
items. The contractor has agreed to make this change for the lump sum price of $731.00.
This is the first change order on this project and reflects a total cost increase of $11,268.00 (which is an
increase of 3.7% of the original contract amount) as illustrated below:
• Original Contract Amount = $304,986.00
• Amended Contract Agreement after Change Orders = $316,254.00
Net Increase to date = $ 11,268.00
September 9, 2009, 5:14PM
G:\GROUPDAT\ADMINRPT\2009\09-23\CCO 1 Mill Creek Restrooms.doc
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ADMINISTRATIVE REPORT
LIF
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: 63, t,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD r
DATE: September 3, 2009 CITY ATTORNEY
CITY MANAGER ~w
SUBJECT: Contract Change Order No. 6 to Agreement No. 09-008 with Griffith Company ($13,954.50
for a revised not to exceed amount of $1,128,936.67) for the Realignment of Auburn Street
Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project consists, in general, of the realignment of Auburn Street, west of Morning
Drive, to meet Caltrans spacing requirements between Auburn Street and the future Morning Drive
Interchange ramps.
Change Order No. 6 provides for the modification to the concrete quantity for sidewalk. Once the
construction is complete all quantities are measured to verify payment. Bid item #25, sidewalk, was higher
as the concrete walkways between the new Auburn Street and the Canyon Hill's Campus were shown on
the plans but were not included in the bid quantity This change order results in a net increase of
$13,954.50.
The net cost increase of Change Order No. 6 is $13,954.50. This provides a total cost increase of
$49,448.67 which is a 4.58% increase as illustrated below:
• Current Contract Amount - $ 1,079,488.00
• Previous Change Orders (1, 2, 3, 4, and 5) _ $ 35,494.17
0 Current Change Order No. 6 = $ 13,954.50
• Amended Contract Agreement after Change Orders = $ 1,128,936.67
Net Increase to date = $ 49,448.67
Adequate funds have been previously budgeted to cover these additional costs.
G:\GROUPDATWDMINRPT\2009\09-23\Admin Rpt CCO 006 Aubum Street -.doc Project # T8K101
ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: 8
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 10, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept Base Bid and Additive Alternate 1 and award contract to Granite Construction Co.
($615,508.00) for the construction of the Pavement Rehabilitation 2009 - CDBG-R Project
(Ward 2).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND:
The City's EDCD Department received Community Development Block. Grant - Recovery Funds for a
Pavement Rehabilitations Project in a low income area of Ward 2. The various streets of this project had
been previously identified by EDCD staff as a low income area that needed pavement rehabilitation.
Funding requirements for the project include that the project be constructed by December 31, 2009 and
that the project is to recycle the existing asphalt to lessen the environmental impacts.
The project was placed out to bid with a Base Bid to rehabilitate Chico Street from King Street to Owens
Street, Owens Street from Chico Street to E 18"' Street, Delores Street from Beale Avenue to Gage Street,
and Eureka Street from King Street to Owens Street. The project also included one Additive Alternate to
rehabilitate King Street from Chico Street to E 18th Street based on whether sufficient funds are available.
The Engineer's Estimate for the project including the additive alternate was $684,815.00.
There are sufficient funds to award the Base Bid and Additive Alternate for this project.
The contract is to be awarded based on the Base Bid amount. On September 3, 2009, six (6) acceptable
bids were received as follows:
Granite Construction
585 W. Beach Street
Watsonville, CA 95076 Base Bid in the amount of $488,289.50
Additive Alternates 1 $127.218.50
Total (Base Bid Plus Additive Alternates 1) $615,508.00
Bowman Asphalt
3527 Brian Way
Bakersfield, CA 93308 Base Bid in the amount of $514,302.33
Additive Alternates 1 $149.698.33
Total (Base Bid Plus Additive Alternates 1) $664,000.66
September 10, 2009, 11:49AM
G:\GROUPDArADMINRP7\2009\09-23\Pavement Rehab 2009 - CDBG-R.doc
ADMINISTRATIVE REPORT
Griffith Company
1128 Carrier Parkway Ave.
Bakersfield, CA 93308 Base Bid in the amount of $516,769.90
Additive Alternates 1 $120.655.10
Total (Base Bid Plus Additive Alternates 1) $637,425.00
Maverick Asphalt
3131 Wear Street
Bakersfield, CA 93308 Base Bid in the amount of $536,069.75
Additive Alternates 1 $139.335.25
Total (Base Bid Plus Additive Alternates 1) $675,405.00
R. Burke Corporation
865 Capitolio Way
San Luis Obispo, CA 93401 Base Bid in the amount of $547,623.50
Additive Alternates 1 $135,207.20
Total (Base Bid Plus Additive Alternates 1) $682,830.70
Black Stone Asphalt Construction
3112 Antonino Ave.
Bakersfield, CA 93308 Base Bid in the amount of $794,736.43
Additive Altemates 1 $196.035.71
Total (Base Bid Plus Additive Alternates 1) $990,772.14
(PW Engr/ TMA)
(TOK227)
September 10, 2009, 11:49AM
G:\GROUPDATWDMINRPT\2009\09-23\Pavement Rehab 2009 - CDBG-R.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD i✓~
DATE: September 15, 2009 CITY ATTORNEY_ AC
CITY MANAGER
SUBJECT: Accept bid from Jim Burke Ford in the amount of $650,057.47 for twenty nine (29)
four-door police special sedans (nineteen (19) replacement, ten (10) additional)
for the Police Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid for twenty-nine (29) four door
police special sedans.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing
four-door police special sedans to be used by the Police Department. Six (6) bids were
received in response to solicitation. A bid received from West Covina Ford, Incorporated in the
amount of $490,679.93 was reviewed and found to be unacceptable as it was based on an
incorrect model with an insufficient amount of units available for purchase.
Funds are available in the Equipment Replacement Fund for the purchase of nineteen (19)
replacement units. The units that need replacement are all several years old and have
between 95,000 to 129,000 miles of wear and tear. The fleet division staff believe that each of
these vehicles have reached their useful life and maintenance costs and/or downtime would
escalate dramatically should they remain in service much longer.
The Ten (10) additional units will be purchased using funds from a Federal Grant (Jag/Byrne)
appropriated at the Council Meeting of September 9, 2009. These vehicles will be associated
with the 20 new officers also being funded with Federal Grant monies for the next three years.
The 20 officers will be sharing the 10 new vehicles.
Acceptable bids received in response to solicitation are as follows.
BIDDER I AMOUNT i
I Jim Burke Ford, Bakersfield, CA '
650,057.47
Hoblit Motors,. Colusa, CA M655,415.23
I Theodore Robins Ford, Costa Mesa, CA $667,056.19 µ Wondries Fleet Group, Alhambra, CA
_ .m..._~ $689 727.23
Gosch Auto Grouap,_Hemet, CA
Staff finds the bid submitted by Jim Burke Ford to be acceptable.
Purchasing Division
SAAdmin\Admin ReportsTour-Door Police Special Sedans, 09-10-11, September 23, 2009.docx
September 15, 2009
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o ADMINISTRATIVE REPORT
1
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM. . W,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: September 10, 2009 CITY ATTORNEY I-E~;
.
CITY MANAGER /~c1
SUBJECT: Grant of easement to P.G. & E. to relocate electrical service being displaced by the
construction of the Westside Parkway at the Friant Kern Canal and Brimhall Road
extended (Flying J refinery). (Wards 2, 4, 5)
RECOMMENDATION: Staff recommends approval of grant of easement.
BACKGROUND:
P.G. & E. has requested the City grant them an easement over property acquired by the City for
the Westside Parkway. It is necessary for the City to grant the easement to allow PG&E to
relocate facilities currently located within Brimhall Road on both sides of the Friant Kern Canal.
The TRIP Division of the Public Works Department has reviewed their request and recommends
approval.
September 10, 2009, 4:14PM
P:\MyFiles\Admin Reports\PGE Flying J 2.doc
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aK ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APP OVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: September 15, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: State of California Education Revenue Augmentation Fund (ERAF) $1.7 million transfer for
FY 2009-10:
1. Appropriate $400,000 from the Downtown Redevelopment Project Area Fund Balance
to the Operating Budget within the Downtown Redevelopment Project Area Fund.
2. Transfer $200,000 from Capital Improvement Budget to the Operating Budget within the
Downtown Redevelopment Project Area Fund.
3. Transfer $900,000 within the Operating Budget in the Southeast Redevelopment
Project Area.
4. Transfer $200,000 from the Capital Improvement Budget from the Southeast
Redevelopment Project Area to the Operating Budget within the Southeast
Redevelopment Project Area Fund.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On September 30, 2008, the State of California in an effort to balance the State budget approved AB 1389
permitting the transfers of redevelopment funds in the amount of $350 million for state purposes in FY
2008-09. The California Redevelopment Associated filed a lawsuit challenging the constitutionality of AB
1389 and redevelopment transfers. In April of the following year, the Sacramento County Superior Court
ruled that the State transfers of redevelopment funds were unconstitutional, invalidating AB 1389 and the
transfers of $350 million in redevelopment funds. Subsequently, in an effort to address the State's budget
shortfall, the California Legislature approved budget bill AB 26 4x which authorized $2.05 billion in
transfers of local redevelopment funds,. including $1.7 billion in FY 2009-10 and another $350 million in FY
2010-11. The California Redevelopment Association and its member agencies are preparing to file a
lawsuit again to challenge the constitutionality of State transfers of redevelopment funds.
Previously, the Bakersfield Redevelopment agency budgeted $600,000 for the ERAF reimbursement in
FY2008-09. With the approval of AB 26 4x, the additional transfers are estimated to total $1,700,000.
S:\Admins\City Councll\City Council Admins 2009\RDA ERAF Transfer & Appr9.23.09.docx
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Downtown and Southeast Project Area funds were identified for the ERAF obligation because these
sources are not allocated for a legally binding activity or other contractual obligation. Funds from Old
Town Kern are not available due to existing debt service obligations including the $10 million Infrastructure
Bank Loan for Millcreek in addition to financial commitments associated with existing redevelopment
contracts. In anticipation of this pending obligation, the Bakersfield Redevelopment Agency is preparing
for this transfer of funds by allocating the $1,700,000 in FY 2009-10 pending the outcome of the court
case between the State of California and the California Redevelopment Agency.
S:\Admins\City Council\City Council Admins 2009\RDA ERAF Transfer & Appr9.23.09.docx
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ADMINISTRATIVE REPORT
,ts
IFO
MEETING DATE: September 23,2009 AGENDA SECTION: Consent Calendar
ITEM: $
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEADJ9
DATE: September 3, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate contributions totaling $2,950 to the Recreation and Parks Department
Operating Budget within the General Fund for various recreation programs.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
Recently, the community has contributed to several programs offered through the Recreation
and Parks Department which were slated for reductions or elimination. Numerous donations
were received to assist in funding the programs for activities in FY 2009-10. The following are the
amounts received and the programs to which they will be applied:
Contributor Amount Pro ram
Bright House Networks $2,000 Movies in the Park
Our Lady of Perpetual Help $ 600 MLK Camp King
Logan's Roadhouse 350 Float-In Movies
S2,950
September 3, 2009, 2:10PM:jln
S:\ADMINISTRATION DIVISION\Admin Rpts\2010 Admins\Misc Contributions.doc
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ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 4, 2009 CITY ATTORNEY p~
CITY MANAGER
SUBJECT: Appropriate $1,300,000 Anthem Blue Cross medical premium surplus funds to the
non-departmental budget within the General Fund to provide for additional
deposits into the Retiree Medical Irrevocable Trust Fund. (All Wards).
RECOMMENDATION: Personnel Committee recommends approval of the appropriation.
BACKGROUND: The City of Bakersfield received an annual accounting of funds from Anthem
Blue Cross regarding funding status of the Blue Cross PPO plan as of December 31, 2008. The
report shows an accumulated surplus of about $3.9 million. Blue Cross is retaining about $2.6
million of these funds for a rate stabilization fund and reserves for expected dental costs. The
remaining $1.3 million is an additional surplus of funds that could be returned to the City.
This information was brought to the attention of the Insurance Committee, which is made up
of City staff and representatives from each employee bargaining unit. The Insurance
Committee recommended to the City that the full $1.3 million be deposited into the Other Post
Employment Benefit (OPEB) Irrevocable Trust account established a couple of years ago to set
aside funds for future retiree medical subsidy obligations of the City.
The Personnel Committee reviewed the Blue Cross report and the associated
recommendation from the Insurance Committee at their September 2, 2009 meeting. The
committee members supported the recommendation and approved a motion to
recommend this action for approval by the full City Council.
nks
S:Wdmin\Admin Reports\blue cross surplus approp sept 2009.docx
September 4, 2009, 10:49AM
BA
Q~~,,pYPORADMINISTRATIVE REPORT
LIFO
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Calendar
ITEM: Q,uA ,
TO: Honorable Mayor and City Council APPROVED
FROM: Javier Lozano, Human Resources ManageNJ- DEPARTMENT HEAD
DATE: September 11, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: ADOPTION OF 2009-2010 EQUAL EMPLOYMENT OPPORTUNITY PLAN
RECOMMENDATION:
Staff recommends approval of the adoption of the City of Bakersfield's 2009-2010 Equal Employment
Opportunity Plan.
BACKGROUND:
Due to the recent Federal Grants received by the City, such as the ARRA grant for the Police
Department, the City is required to have an updated Equal Employment Opportunity Plan (EEOP).
The grant is dependent upon the submission of the City's EEOP by October 5, 2009. This plan
replaces what was previously referred to as the Affirmative Action Plan, which last updated in 1990.
An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well
as the recipient's employment practices, to indentify possible barriers to the participation of women
and minorities in all levels of a recipient's workforce. Its purpose is to ensure that the opportunity for
full and equal participation of men and women in the workplace, regardless of race, sex, or national
origin.
The major elements of the Plan are:
1. Policy Statement by the City Manager
2. A description of those efforts undertaken by the City to implement the Equal Employment
Opportunity Plan
3. A summary of current utilization of females and minorities by the City
4. An analysis of the utilization of females and minorities compared to the relevant recruitment
population
The updated utilization analysis reflects the City employment data as of June 30, 2009 whereas the
historical information and recruitment data is effective July 1, 2008 through June 30, 2009.
A
ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Hearing
ITEM:
TO: Honorable Mayor and City Council PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 23, 2009 CITY ATTORNEY
CITY MANAGER 1PS
SUBJECT: Public Hearing to consider Resolution ordering the Summary Vacation of deceleration lanes
associated with Parcel Map 10781, located at the northwest corner of Ming Avenue and
Buena Vista Road. (Ward y.)
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: The City has received a request to vacate deceleration lanes associated with Parcel
Map 10781, located at the northwest corner of Ming Avenue and Buena Vista Road.
The site development plans have changed since the previous dedications were submitted. New
dedications for deceleration lanes have been submitted, reviewed and approved for the new site
development plan and will be recorded prior to final approval of this vacation.
This dedication is eligible for summary vacation per Section 8334 of the Streets and Highways Code which
authorizes the City Council to summarily vacate an excess street right of way which is not needed for
street purposes.
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 is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. There has been no objection as of the
date of this report.
Notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating
area. Public Works did receive one objection from a nearby property owner that resides in Tract 6043.
Her concerns were addressed and after receiving additional information she withdrew her objection.
The proposed vacation was approved by the Planning Department on August 4, 2009 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield 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 (bx3) of CEQA guidelines (Categorical Exemption), because there is no
possibility that the action may have a significant effect on the environment.
G:\GROUPDANIDMINRPT\2009\09-23Wdmin Report Summary Vacation NWC of Ming & Buena Vista.doc
w
ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2009 AGENDA SECTION: Consent Hearings
ITEM: 61, in.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HE S
DATE: September 15, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider the amendment of the Downtown Redevelopment Plan:
1. First reading of ordinance amending the Redevelopment Plan for the Downtown
Bakersfield Redevelopment Project to extend certain time limits on the effectiveness and the
time to pay indebtedness and receive tax increment. (Ward 2)
RECOMMENDATION:
Staff recommends first reading of ordinance.
BACKGROUND:
This item for the downtown redevelopment project area is similar to the item on the agenda for Old Town
Kern and Southeast under the Consent Calendar. However, the rules governing older project areas like
Downtown require a public hearing, thus the need for this item to be considered separately.
When a Redevelopment Agency is required to make a payment into its county's Educational Revenue
Augmentation Fund (ERAF) for fiscal year 2003-04, California Community Redevelopment Law (CRL)
allows redevelopment plans to be amended to extend by one year the time limit on the repayment of
indebtedness and the time to receive tax increment and repay indebtedness. The rules governing older
redevelopment project areas like the Downtown project area require a public hearing.
CRL also provides that when an Agency is required to make an ERAF payment during fiscal years 2004-
05 and/or 2005-06, the time limit of a plan's limit of effectiveness and the time limit on the repayment of
indebtedness and receipt of tax increment funds can be extended. This is contingent upon the time limit
for the effectiveness of a redevelopment plan being either,
(1) ten years or less from the last day of the fiscal year in which a payment is made, or
(2) greater than ten and less than 20 years from the last day of the fiscal year in which a payment
is made, upon the making of certain findings.
Because the Bakersfield Redevelopment Agency made payments to the County of Kern ERAF pursuant to
the relevant sections of the CRL during fiscal years 2003-04, 2004-05, and 2005-06, the Downtown plan
can be amended by increasing by three years the limits on effectiveness and the time to pay indebtedness
and receive tax increment for the original area and each of the added areas of the plan.
S:\Admins\City Council\City Council Admins 2009\Ordinance Downtown ERAF.doc
9/15/2009 10:30 AM
ADMINISTRATIVE REPORT Page 2
The Bakersfield Redevelopment Agency adopted a resolution on September 14, 2009 desiring the
redevelopment plan to be amended and requesting the Council to do so. In that resolution, the Agency
also requested the Council to restate certain financing limits adopted by prior ordinances in the
Redevelopment Plan.
By adopting this ordinance the Council makes certain findings, extends the effectiveness of the Downtown
Redevelopment Plan, and amends the Redevelopment Plan for the Downtown Bakersfield project.
This public hearing was duly published as required by law and copies of the notices were mailed to each
taxing entity that receives taxes from property with the Downtown Project Area.
S:\Admins\City Council\City Council Admins 2009\Ordinance Downtown ERAF.doc
9/15/200910:30 AM
A
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ADMINISTRATIVE REPORT
c L~
MEETING DATE: September 23, 2009 AGENDA SECTION: Closed Session
ITEM: ~y,Q,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Ag-
DATE: September 14, 2009 CITY ATTORNEY
CITY MANAGER h-L'
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(Two cases).
• Aboelghar, Magdy, et al v. City of Bakersfield, et al
KCSC Case No. S-1500-CV-262272-WDP
• Darren Halley v. City of Bakersfield, et al
KCSC Case No. S- 1 500-CV-264464-AEW
• Home Builders Association v. City of Bakersfield
KCSC Case No. S-1500-CV-267954 NFT
VG:Isc
SACOUNCIL\CI Sess\Admins\09.10\9-23-09ExistLit.doc
A
U ADMINISTRATIVE REPORT
C LL,
1
MEETING DATE: September 23, 2009 AGENDA SECTION: Closed Session
ITEM: y, `
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD I/&
DATE: August 25, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (Two matters)
VG:Isc
S: \COUNCIL\CI Sess\Admins\09-10\9-23-09.Po1Lit.doc
A
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ADMINISTRATIVE REPORT
~ LI w
MEETING DATE: September 23, 2009 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: September 15, 2009 CITY ATTORNEY W-
CITY MANAGER
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
SACOUNCIL\CI Sess\Admins\09-10\9-23-09LaborNeg.doc
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 9, 2009
9L1 0
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m. ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Scrivner,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan
Absent: None
2. INVOCATION by Father Joseph Chaffee, St. George's
Greek Orthodox Church.
3. PLEDGE OF ALLEGIANCE by Matthew Sabin, 4," Grade
Student at Bakersfield Carden School.
Mayor Hall recognized the Bakersfield College
Government Class in attendance at the
meeting to learn about City Government.
4. PUBLIC STATEMENTS
a. Bill Taylor, with Granite Construction Company,
spoke and presented a check for $2,000.00
to be used on the bike trail next to Allen Road
for the betterment of our community and for
helping to build up the quality of life of our
citizens and employees.
b. Tim Palmquist spoke regarding the "40 Days for
Life Campaign", which will be taking place at
25," and H streets between September 23rd and
November 15'.
Bakersfield, California, September 9, 2009 - Page 2
4. PUBLIC STATEMENTS continued ACTION TAKEN
C. Terri Palmquist spoke regarding parking
restrictions at 25th and H streets, and asked
Council to reconsider the 30-minute restriction.
Motion by Councilmember Sullivan to refer the WITHDRAWN
parking Issue to the Legislative and Litigation
Committee.
Councilmember Benham asked that the issue
be referred to the Planning and Development
Committee.
Councilmember Couch suggested deferring
the referral for two weeks so staff can
determine which would be the appropriate
committee.
Councilmember Couch suggested another
option, if feasible, could be to form an ad hoc
committee to review this matter.
Councilmember Sullivan withdrew her motion
and agreed to bring this matter back to the
Council in two weeks.
d. Joe Macllvaine, President of the Bakersfield
Symphony Orchestra, spoke regarding the
service the Symphony provides to the
community, thanked the City Council for its
support, and provided written material about
the upcoming 2009-2010 Orchestra Season.
Mayor Hall recognized Father Chaffee, who invited
the Council and everyone in attendance to the Greek
Food Festival on September 11 th and 12th, and
introduced Ted and Cathy Exarchouilakos, parish
members in charge of the Greek dance group, who
presented a token of thanksgiving to Mayor and
Council for their past support.
5. WORKSHOPS
None.
Bakersfield, California, September 9, 2009 - Page 3
6. PRESENTATIONS ACTION TAKEN
a. Presentation by Mayor Hall of a retirement
plaque and gift certificate to Edward M.
Watts.
Fire Captain Watts received the plaque and
gift certificate, and made comments.
b. Presentation by Mayor Hall of Proclamation to
Vincent Rojas, 2009 John Brock Community
Service Award winner, declaring the past date
of September 3, 2009, as Vincent Rojas Day in
the City.
Mr. Rojas received the Proclamation and made
comments.
C. Presentation by Mayor Hall of Proclamation to
Robin Starr, President, Child Guidance Guild,
declaring September 9, 2009, as Guild House
and The Child Guidance Guild Day in the City.
Robin Starr and Colleen Sullivan accepted the
Proclamation and made comments.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 19, 2009
Regular City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR
August 7, 2009 to August 27, 2009 in the amount
of $24,107,218.38 and self-insurance payments
from August 7, 2009 to August 27, 2009 in the
amount of $194,014.90.
Bakersfield, California, September 9, 2009 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
C. First Reading of Ordinance approving a FR
Negative Declaration and amending Title 17
of the Municipal Code by changing the zoning
from A (Agriculture) to M-1 (Light
Manufacturing) and M-2 (General
Manufacturing) on 8.7 acres generally located
at the southeast corner of Hageman Road and
Allen Road, east of the A.T.&S.F. railroad tracks.
(ZC 09-0303) (Applicant: Marino &
Associates/ Property Owner: Hageman Road
Property, Inc.)
Resolutions:
d. Resolutions ordering Judicial Foreclosure of RES 098-09
Delinquent Assessments (135 parcels totaling
$146,807.62) for Assessment District No. 07-2
(Sydney Harbour).
e. Amendment No. 1 to Resolution No. 187-08 RES 187-08(1)
cancelling the October 21, 2009 Regular City
Council Meeting.
f. Resolution adding territory, Area 2-40 (6000 & RES 099-09
6020 District Boulevard) to the Consolidated
Maintenance District, confirming the
assessments, approving the Public Works
Directors Report and authorizing collection of
assessments by the Kern County Tax Collector.
g. Consolidated Maintenance Districts:
1. Resolution of Intention No. 1642 to 8011642
add territory, Area 2-41 (McDonald Way,
Ming Avenue, NW) to the Consolidated
Maintenance District and preliminarily
adopting, confirming and approving the
Public Works Director's Report.
2. Resolution of Intention No. 1643 to add R011643
territory, Area 4-93 (2730 Mall View Road)
to the Consolidated Maintenance
District and preliminarily adopting,
confirming and approving the Public
Works Director's Report.
Bakersfield, California, September 9, 2009 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
Agreements:
h. Agreement with Bethany Services/Bakersfield AGR 09-116
Homeless Center ($62,000 Emergency Shelter ABS COUCH
Grant funds) to support the operating costs
necessary to continue services at the facility
located at 1600 E. Truxtun Avenue.
i. Agreement with Alliance Against Family AGR 09-117
Violence and Sexual Assault ($15,788 ABS COUCH
Emergency Shelter Grant funds) to support the
operating costs to continue services.
j. Memorandum of Understanding with the AGR 09-118
County of Kern (Depts. of Human Services,
Probation Services, Mental Health, Sheriff,
Office of the District Attorney, Kern Medical
Center) regarding the Child Assessment Center
Protocol.
k. Agreement with Union Pacific Railroad Co. and AGR 09-119
San Joaquin Railroad ($465,766.15) for at-grade
highway/rail crossing improvements on Buena
Vista Road at Union Pacific Railroad
Buttonwillow Branch.
1. Amendment No. 2 to Agreement No. AGR 09-120
PW09-049(1) with Kone, Inc. ($30,000; revised
total not to exceed $53,250.28) for elevator
maintenance.
M. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
1. Amendment No. 6 to Agreement No. AGR 04-214(6)
04-214 with Parson Water and
Infrastructure ($2,706,947; revised not to
exceed $17,650,427) for design services
during construction phase of the project.
2. Transfer $1,206,947 contingency
established for the Wastewater
Treatment Plant No. 3 Expansion Project
to the Public Works Department Capital
Improvement Budget.
Bakersfield, California, September 9, 2009 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
n. Contract Change Order Nos. 49, 51 and 61 to AGR 07-304
Agreement No. 07-304 with Security Paving CCO 49, CCO 51,
Construction ($79,278.25; revised not to exceed CCO 61
$30,341,181.51) for the State Route 178 and
Fairfax Road Interchange Project. (TRIP)
Bids:
o. Sports Village Phase I:
1. Accept bid and award contract to AGR 09-121
Klassen Corp. ($6,708,167) for Base Bid
and Additive Alternates 1, 2 & 3 for
project.
2. Appropriate $2,000,000 Park
Development fund balance to the
Recreation and Parks Department
Capital Improvement Fund (Zone 1).
3. Contract Change Order No. 1 to AGR 09-121
Agreement with Klassen Corp. ($142,000 CCO 1
credit; revised not to exceed $6,566,167)
for substitution of installing hydroseed in
lieu of sod in all turf areas.
P. Accept bid and award annual contract to AGR 09-122
Granite Construction Co. (not to exceed
$500,000) for HUD street materials.
Miscellaneous:
q. Appropriate $60,000 Other Agency Share of
Project to the Public Works Department Capital
Improvement Budget within the Gas Tax Fund
for digital orthophotos.
r. Federal ARRA Grant (COPS Hiring Recovery
Program) in the amount of $5,062,124, to hire
and retain 17 Police Officers over three years.
1. Appropriate $850,000 Federal ARRA
Grant Revenues to the Police Operating
Budget within the ARRA Grant Fund.
S. Appropriate $202,108 Federal Grant Revenues
(Edward Byrne Memorial Justice Assistance
Grant/DOJ) to the General Fund Police
Operating Budget for equipment and training.
Bakersfield, California, September 9, 2009 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
t. Grant of Easement to County of Kern for DEED 7147
drainage purposes at Casa Loma Park.
U. Easement Deed with Pacific Gas & Electric, Co. DEED 7148
for constructing, operating and maintaining
electric energy distribution facilities on the north
portion of the 2800 Acre Recharge Facility and
east of Heath Road alignment.
V. Accept $2,000 contribution from Granite
Construction Company, Inc. for future bike
path improvements at Allen Road Bridge.
City Clerk McCarthy announced correspondence was
received from Lewis C. Nelson & Sons in protest of the
awarding of Bid Item 8.0.
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 any appearance of a conflict of interest on
Items 8.h. and 8.i.
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a. through 8.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. (Two matters)
b. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code Section 54956.9(b)(1)(C) for
Bakersfield Police Officers' Association v. City.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 5:57 p.m.
APPROVED
Motion by Councilmember Couch to adjourn from
Closed Session at 6:45 p.m.
Bakersfield, California, September 9, 2009 - Page 8
RECONVENED MEETING - 6:53 p.m. ACTION TAKEN
10. CLOSED SESSION ACTION CASE NO. 1-
POSTPONED DUE
a. Conference with Legal Counsel - Potential TO TIME
Litigation; Closed Session pursuant to CONSTRAINTS
subdivision (b)(1)(3) (A) of Government Code CASE NO.2 - NO
Section 54956.9. (Two matters) REPORTABLE
ACTION
b. Conference with Legal Counsel - Existing NO REPORTABLE
Litigation; Closed Session pursuant to ACTION
Government Code Section 54956.9(b)(1)(C) for
Bakersfield Police Officers' Association v. City.
11. CONSENT CALENDAR HEARINGS
a. General Plan Amendment/Zone Change No.
09-0023; Luis Hinojosa, Designed Images,
representing Rosedale Verdugo LLC (property
owner) has applied for a general plan
amendment and zone change on
approximately 25.03 acres generally located at
the northeast corner of Rosedale Highway
(SR-58) and Verdugo Lane. (Hearing continued
from the 08/19/09 meeting.)
1. Resolution approving the Negative RES 100-09
Declaration and adopting the general
plan amendment changing the land use
designation from LMR/LR (Low Medium
Density Residential/Low Density
Residential) to OC (Office Commercial)
on 15.16 acres.
2. First Reading of Ordinance approving FR
the Negative Declaration and amending
Title 17 of the Municipal Code and
zoning map from E (Estate), R-1 (One
Family Dwelling), R-2 (Limited Multiple
Family Dwelling) and C-2 (Regional
Commercial) to C-O/PCD (Professional
and Administrative Office/Planned
Commercial Development) and
C-2/PCD (Regional
Commercial/Planned Commercial
Development) on 25.03 acres.
Bakersfield, California, September 9, 2009 - Page 9
11. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
b. General Plan Amendment/Zone Change No.
09-0258; Smith Tech USA, Inc., representing
Fairway Oaks South L.P. (property owner) has
applied for a general plan amendment and
zone change on 22.46 acres located at the
northwest corner of Gosford Road and Berkshire
Road (future alignment). (Hearing continued
from the 08/19/09 meeting.)
1. Resolution approving the Negative RES 101-09
Declaration and adopting the general
plan amendment changing the land use
designation from OC (Office
Commercial) to HMR (High Medium
Density Residential) on 22.46 acres.
2. First Reading of Ordinance approving FR
the Negative Declaration and amending
Title 17 of the Municipal Code by
changing the zoning from C-O/PCD
(Professional and Administrative
Office/Planned Commercial
Development) to R-2/PUD (Limited
Multiple Family Dwelling /Planned Unit
Development) on 22.46 acres.
Consent Calendar Hearings opened at 6:54
p.m.
Consent Calendar Hearings closed at 6:54 p.m.
Motion by Vice-Mayor Scrivner to adopt APPROVED
Consent Calendar Hearing Items I I.a. and l 1.b.
12. HEARINGS
a. 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
bounded by Alfred Harrell Highway on the west,
north and east sides. (Robert Kapral has filed
an appeal.) (Hearing continued from 08/19/09
meeting.)
Bakersfield, California, September 9, 2009 - Page 10
12. HEARINGS continued ACTION TAKEN
Item 12.a. continued
1. Resolution making findings and certifying RES 102-09
the Final Environmental Impact Report
for the Canyons Project.
2. Resolution adopting the general plan RES 103-09
amendment changing the land use
designations and the Circulation
Element.
3. Resolution adopting the Specific parks RES 104-09
and Trails Plan for Northeast Bakersfield
amendment to change the Plan Map.
4. First Reading of Ordinance amending FR
Title 17 (Zone Map Nos. 103-01 and
104-06) of the Municipal Code to
change the zoning.
5. Resolution approving tentative RES 105-09
cancellation of a Williamson Act
Contract on 201.20 acres within Kern
County Agricultural Preserve No. 14 and
the exclusion of 243.20 acres from the
boundaries of Kern County Agricultural
Preserve No. 14 located within the
Canyon's development boundaries.
Development Services Director Grady gave an
overview and made a slide presentation.
Hearing opened at 7:11 a.m.
Arthur Unger, representing the Kern Kaweah
Chapter of the Sierra Club, and Craig Smith,
representing the Bakersfield Bluffs & Trails
Committee, spoke in opposition to the staff
recommendation; and Mr. Smith also made a
slide presentation.
Russ Thompson, representing Canyons LLC, and
Mary Jane Wilson, President of WZI, spoke in
support of the staff recommendation; and Ms.
Wilson also submitted written documentation.
There were no rebuttal comments.
Bakersfield, California, September 9, 2009 - Page 11
12. HEARINGS continued ACTION TAKEN
Item 12.a. continued
NOES APPROVED BENHAM
Motion by Councilmember Weir to adopt the APPROVED
resolutions certifying the Final Environmental
Impact Report and upholding the appeal In
part, approving the proposed general plan
amendment, specific parks and trails plan
amendment, tentative cancellation of the
Williamson Act Contract, exclusion from
Agricultural Preserve No. 14 and give first
reading to ordinance, and to Incorporate
corrections and additions outlined In the memo
placed on file earlier today.
13. REPORTS
None.
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham submitted correspondence
regarding: (1) illegal dumping, pavement problems
and littering, and asked staff to determine if the sites
are in the City limits and, if so, please follow up; and
(2) Bowen Street, a cul-de-sac in the Westpark area,
regarding pavement deterioration, and asked staff to
contact Mr. Dunham and follow up on his concerns.
Councilmember Benham deferred a referral to the
City Attorney regarding personnel issues to
Councilmember Carson.
Councilmember Couch asked staff to look at the
feasibility of utilizing Facebook, Twitter and some of
the other social networking sites or programs at the
City for meetings, agendas, announcements, and
public safety-type Issues.
Bakersfield, California, September 9, 2009 - Page 12
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Couch asked staff to review the
alarm fee process for possible increase on false alarm
fees, eliminating the annual fee, and possibly having
the alarm companies collect the fees.
Councilmember Couch suggested that the new traffic
light at Rosedale and Mohawk be placed on blinking
yellow for a few weeks to alert people that a light is in
place; Public Works Director Rojas responded that
under the jurisdiction of Caltrans, the light went
operational on Tuesday of this week.
Councilmember Couch referred to the Planning and
Development Committee the possibility of a
requirement for block walls in residential areas Instead
of grape stake fencing.
Councilmember Weir thanked Officers Stratton and
Croeker for the ride-along with the Bakersfield Police
Department Gang Enforcement Unit, and Sergeant
Thatcher, Captain Martin and Chief Rector for making
the arrangements.
Councilmember Weir asked staff to explore and bring
back a report regarding the feasibility of a low-cost
way to add back the planned acreage to Mesa
Marin's site, which has been lost due to shifts In
development activity.
Councilmember Carson referred to the Personnel
Committee, in light of the recent verdict in the Pratt
case, by way of a memo from the City Attorney, to
speak to whether the City has policies to address
retaliation and discrimination, whether these policies
were followed, and N not, why, and does the City need
additional policies in place to prevent a repeat of the
some case; and would like any recommendation from
the City Attorney that would help the City prevent this
type of action in the future.
Councilmember Sullivan asked for Increased patrol
directed toward speeding on White Lane.
Councilmember Sullivan asked staff to look into the
feasibility of having a combined effort with the County
to share the costs and equipment for a joint clean-up
effort several times a year.
Bakersfield, California, September 9, 2009 - Page 13
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Sullivan announced that there was a
ceremony at the Liberty Bell today in recognition of
the State's 159th Birthday.
Mayor Hall announced future events involving the
Keep Bakersfield Beautiful Committee, including the
Great American Clean-Up in April, and invited
Councilmember Sullivan to attend the upcoming
Committee meeting on Friday to express her concerns
and add reinforcement to what the Committee is
trying to accomplish; Councilmember Sullivan
responded she will be there.
Mayor Hall announced that Saturday, September 19th,
will be the beginning of the Mayor's annual freeway
cleanup effort and indicated anyone interested can
participate by meeting at the Park & Ride on
Stockdale Highway.
Mayor Hall recognized Log Cabin Florist for their Good
Neighbor Day flower distribution efforts by giving away
20,000 bouquets of roses.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:16 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield