HomeMy WebLinkAbout06/09/10_CC_AGENDA_PACKET
O_
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JUNE 9, 2010
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 Bishop Bernard Wallace, Church of Christ Christian Ministries.
3. PLEDGE OF ALLEGIANCE by Sayleigh Robinson, 3rd grade student at Olive Drive Elementary.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Micheal King declaring June 19,
2010, as Million Father March Day.
5. PUBLIC STATEMENTS
6. APPOINTMENTS
(Ward 7) a. One (1) appointment to the Keep Bakersfield Beautiful Committee due to the
resignation of Carrie Sandles (Alternate-Ward 7) whose term expires November,
2010.
Staff recommends Council determination.
7. WORKSHOPS
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 19, 2010 Regular City Council Meeting.
Payments:
b. Approval of department payments from May 7, 2010 to May 27, 2010 in the amount
of $21,465,182.05 and self-insurance payments from May 7, 2010 to May 27, 2010 in
the amount of $410,875.11.
Ordinances:
C. Adoption of Ordinance amending Section 2.28.090 of the Municipal Code relating to
Board of Zoning Adjustment Membership. (FR 05/19/10)
(Ward 5) d. Adoption of Ordinance approving a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal Code by changing the zone district
from C-1 (Neighborhood Commercial) and R-1 (One Family Dwelling) to R-2 (Limited
Multiple Family Dwelling) on 12.16 acres located at the southeast corner of Pacheco
and Gosford Roads. (ZC 10-0008) (Applicant: McIntosh & Associates/Property
Owners: JEC Panama, LLC and MPW Properties, LLC) (FR 05105110)
8. CONSENT CALENDAR continued
Resolutions:
e. Resolution calling and giving notice of holding a General Municipal Election for the
election of Councilmembers for Wards 1, 3, 4 & 7, and requesting consolidation with
the County of Kern Statewide General Election to be held on Tuesday, November 2,
2010.
(Ward 1) f. Resolution ordering judicial foreclosure of delinquent assessments (104 parcels
totaling $113,471.23) for Assessment District No. 07-2 (Sydney Harbour).
(Ward 3) g. Resolution ordering judicial foreclosure of delinquent assessments (152 parcels
totaling $304,328.63) for Assessment District No. 05-1 (City in the Hills).
h. Resolution providing for collection of delinquent sewer charges by the Kern County
Tax Collector.
I. Resolution providing for collection of delinquent refuse charges by the Kern County
Tax Collector.
j, Resolution providing for collection of residential blue cart recycling fees by the Kern
County Tax Collector.
k. Resolution providing for collection of residential refuse fees by the Kern County Tax
Collector.
Agreements:
(Ward 4,6,7) I. Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Kern Class 8, LLC, for Tract 6170
Phase 3 located at northeast intersection of McKee Road and Mountain
Ridge Drive.
2. Final Map and Improvement Agreements with D.R. Horton, VEN, Inc., for Tract
6639 located east of Stine Road and north of Hosking Avenue.
3. Final Map and Improvement Agreement with Castle & Cooke California, Inc.,
for Tract 7202 Phase 2 located west of Renfro Road and south of Stockdale
Highway.
M. Agreement with Kern County Superintendent of Schools Office ($120,000) to establish
a Safe Community Partnership consistent with the requirements set forth by CaIEMA
for the 2009 Cal-GRIP grant.
n. Agreement with Kern County Superintendent of Schools, as administrative agent for
Kern County Network for Children, ($80,000) to establish a Safe Community
Partnership consistent with the requirements set forth by CaIEMA for the 2009 Cal-
GRIP grant.
(Ward 2,3) o. Agreement with Quincy Engineering, Inc. ($59,500) for bridge rehabilitation design for
Manor Street Bridge at Carrier Canal and, Union Avenue Overhead at Union Pacific
Railroad.
(Ward 1,2,3,6,7) p. Agreement with State of California, Department of Transportation to establish the
limits of State Route 99 that are within the City's Corporate Boundaries.
2 City Council Meeting of 6/9/2010
8. CONSENT CALENDAR continued
q. Agreement with County of Kern (not to exceed $400,000) to reimburse costs of 7th
Standard Road Widening Project professional services for right-of-way. (TRIP)
(Ward 3) r. Mesa Marin Sports Complex:
1. Agreement with Mesa Marin, LLC ($665,000) to purchase real property
located on the north of Highway 184 and south of Highway 178 for the
Complex.
2. Appropriate $379,000 Park Improvement Fund Balance to the Capital
Improvement Budget within the Park Improvement Fund for the land
acquisition (zone 3).
(Ward 4) s. Easement Agreement with Pacific Gas and Electric Co. for widening of Buena Vista
Road.
(Ward 3) t. Agreement with GC Environmental, Inc. (not to exceed $500,000) for landfill gas
system services for the Bakersfield Sanitary Landfill Closure Project.
U. Amendment No. 1 to Agreement No. 09-081 with County of Kern ($334,100; revised
not to exceed $659,100 and extending term for one year) for animal care services.
(Ward 2) v. Amendment No. 3 to Agreement No. 06-208 with Dokken Engineering ($72,000;
revised not to exceed $7,087,674) for engineering design services for Phase 4 of the
Westside Parkway Project. (TRIP)
W. Amendment No.l to Agreement No. 09-148 with Clifford and Brown ($60,000; revised
not to exceed $175,000) for outside legal services in the matter of Land Lot 1 v, City,
et al (KCSC Case No. S-1500-CV-263357 WDP).
X. Amendment No. 1 to Agreement No. 09-149 with Duane Morris, LLP ($25,000; revised
not to exceed $125,000) for outside legal services in the matter of Home Builders
Association of Kern County, Inc. v. City, et al (KCSC Case No. S-1500-CV-267954 NFT).
(Ward 4) Y. Preparation of Environmental Impact Report (EIR) for GPA/ZC No. 06-2247 (Saco
Ranch Project) generally located at the southeast and southwest corners of Coffee
Road and 7th Standard Road.
I . Amendment No. 2 to Agreement No. 07-220 with RBF Consulting ($12,000;
revised not to exceed $264,530) for preparation of EIR.
2. Appropriate $12,000 (developer contribution) to the Development Services
Operating budget in the General Fund for the EIR consultant.
(Ward 3) Z. Amendment No. 2 to Agreement No. WR07-004 with Jones & Stokes ($17,972; revised
not to exceed $86,712) to provide year 4 environmental mitigation monitoring
the Lower Kern River.
aa. Amendment No. 3 to Agreement No. 08-114 with Duane Morris, LLP ($500,000; revised
not to exceed $1,000,000) for outside legal services concerning State Water
Resources Control Board (Ref. No. KMB:A31674)
(Ward 2) bb. Amendment No. 1 to Agreement No. 08-131 with RBF Consulting ($20,400; revised not
to exceed $65,000) for additional engineering services needed for Oak Street at
BNSF bridge repair.
3 City Council Meeting of 6/9/2010
8. CONSENT CALENDAR continued
(Ward 2) cc. Amendment No. 2 to Agreement No. 09-092 with Padre Hotel, L.P. (no change to
amount) to modify the term, principle and interest payments.
(Ward 6) dd. Contract Change Order No. 3 to Agreement No. 09-121 with Klassen Corp. ($131,322;
revised not to exceed $6,701,019) for the Sports Village Phase I Project.
Bids:
(Ward 1) ee. Accept bid and award contract to Wastewater Solids Management Co. ($59,380) to
clean two digesters at Wastewater Treatment Plant No. 2.
(Ward 6) ff. Accept bid and award contract to Kern Pacific Construction ($2,277,009.13) for
sanitary sewer and street improvements - Ashe Road from Taff Highway to
McCutchen Road.
(Ward 2,4,5,6) gg. Accept bid and award contract to JOSH General Engineering, Inc. ($869,860.60) for
the construction of water mainline extensions and tie-ins at 8 locations.
hh. Accept bid from Adamson Police Products ($60,941.29) for 112 American Body
Armor ballistic vests for the Police Department.
(Ward 2) ii. Accept bid and award annual contract to Pacific Building Care ($43,372) for
janitorial maintenance for City Hall North.
(Ward 6) jj. Accept bid and award annual contract to California Environmental Dewatering
($119,724.50) to supply Polyaluminum Chloride (PAC) for Wastewater Treatment Plant
No.3.
kk. Accept bid and award annual contract to Pestmaster Services, Inc. ($45,266) for
chemical application for Water Resources and Recreation & Parks.
Miscellaneous:
(Ward 6) II. Grant of Easement to P. G. & E. for electrical service at Bakersfield Sports Village
located on Ashe Road and Fairplay Drive,
mm. Authorize the Finance Director to write off accounts receivable in various funds
totaling $152,284.86 and forward non bankrupt accounts to a collection agency for
additional collection efforts.
(Ward 2,3,6,7) nn. Proposed Improvement to State Route 99:
1. Commit $250,000 Transportation Development Fund balance towards
preconstruction work needed for proposed improvements on State Route 99
from SR 119 to Ming Avenue and from SR 204 to Olive Drive to compete for
$63,000,000 of State Route 99 Bond funds.
2. Appropriate $250,000 Transportation Development Fund balance to the Public
Works Department Capital Improvement Budget for preconstruction work
required for SR 99 proposed improvements.
Staff recommends adoption of Consent Calendar items 8.a. through 8. nn.
4 City Council Meeting of 6/9/2010
9. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 2-6) a. Public Hearing to consider Resolution establishing domestic water rates for Ashe,
Fairhaven and Riverlakes Ranch service areas of the City Water System. (Increase in
quantity rate.) (Staff recommends adoption of resolution.)
b. Public Hearing to consider Resolution adopting proposed sewer rate increase (2.6%)
for Fiscal Year 2010-11. (Staff recommends adoption of resolution.)
C. Protest Hearing to consider Resolution approving and adopting the Public Works
Director's Report for the Consolidated Maintenance District and 2010-2011 budget,
confirming the street landscaping assessments and authorizing collection of
assessments by the Kern County Tax Collector. (Staff recommends overriding protests
and adopting the resolution.)
d. Protest Hearing to consider Resolution approving and adopting the Public Works
Director's Report for the Consolidated Maintenance District and 2010-2011 budget,
confirming the park landscaping assessments and authorizing collection of
assessments by the Kern County Tax Collector. (Staff recommends overriding protests
and adopting the resolution.)
e. Protest Hearing to consider Resolution approving and adopting the Public Works
Director's Report for 18 Traffic Signal Maintenance Districts and the 2010-2011
budgets, confirming the assessments and authorizing collection of assessments by
the Kern County Tax Collector. (Staff recommends overriding protests and adopting the
resolution.)
f. Public Hearing to consider proposed expenditure plan for the 2009-10 Supplemental
Law Enforcement Services Funding (S.L.E.S.F.) Grant. (Staff recommends approval.)
1. Appropriate $197,094 State Grant revenues to Police Operating Budget within
the S.L.E.S.F. Fund.
10. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 549569 for City v. Stuart Thomas, Inc.,
et al - KCSC Case No. S-1500-CV-268922 NFT.
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter)
C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
RECESS TO CLOSED SESSION
11. CLOSED SESSION ACTION
12. REPORTS
a. Resolution recommending selection of the "Blue" Alignment as the preferred
California High Speed Rail route through the City.
Staff recommends adoption of resolution and direct staff to forward resolution to the
California High Speed Rail Authority for their consideration.
13. DEFERRED BUSINESS
5 City Council Meeting of 6/9/2010
14. NEW BUSINESS
a. Pension Benefits - Alternates A and B:
1. Alternate A - Proposed ballot measure for November 2, 2010 Election:
a. Resolution ordering the submission to the qualified electors of the City
of a certain measure relating to pension benefits at the general
election to be held on Tuesday, November 2, 2010.
b. Draft Ordinance adding Chapter 2.85 to the Municipal Code relating
to pension benefits.
C, Draft measure language.
2. Alternate B:
a. Pursue pension and employee contribution changes through the
collective bargaining process. (Councilmember Carson)
Staff recommends Council determination.
15. HEARINGS
(word 4)• a. General Plan Amendment/Zone Change No. 09-0263 (Stockdale Ranch); McIntosh
& Associates, representing Castle & Cooke CA, Inc. and Bolthouse Properties
(property owners) has applied for amendments to the General Plan, Circulation
Element and Western Rosedale Trails Plan and zone change on approximately 564±
acres located south of Stockdale Hwy, north of Cross Valley Canal, west of City limits
at Claudia Autumn Dr. and east of the future extension of Nord Ave. (Hearing opened
and continued at 05105110 & 05119110 meetings.)
1. Resolution making findings approving and certifying the Final Environmental
Impact Report (EIR) for GPA/ZC No. 09-0263.
2. Resolution adopting the general plan amendment changing the land use
designations from ER (Estate Residential), UER (Urban Estate Residential), GC
(General Commercial) and SR (Suburban Residential to LR (Low Density
Residential), HR (High Density Residential), LMR (Low Medium Residential), HMR
(High Medium Density Residential), GC (General Commercial), OC (Office
Commercial), OS-P (Parks and Recreation Facilities) and R-MP (Mineral
Petroleum and Minimum 5-acre Parcel/Drill Site), changing the Circulation
Element and the Western Rosedale Trails Plan.
3. First Reading of Ordinance amending Title 17 of the Municipal Code and
Zoning Maps by changing the zoning from A (Agriculture) to R-1 (One Family
Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Multiple Family Dwelling),
C-1 (Neighborhood Commercial), C-2 (Regional Commercial), C-O/PCD
(Administrative and Professional Office/Planned Commercial Development,
OS (Open Space) and DI (Drilling Island).
Staff recommends adoption of resolutions and give first reading to ordinance.
6 City Council Meeting of 6/9/2010
15. HEARINGS continued
b. Fiscal Year 2010-2011 Proposed Budget:
1. Department Budget Presentations
a. Recreation and Parks
b. Public Works
C. Police Department
d. Development Services
e. Fire Department
2. Public Hearing for the FY 2010-11 Operating, Bakersfield Redevelopment
Agency and Capital Improvement Budgets.
Staff recommends Council hear the presentations and public testimony.
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
6/3/10 3:00pm
7 City Council Meeting of 6/9/2010
AGENDA HIGHLIGHTS
June 9, 2010 COUNCIL
~ MEETING
REGULAR MEETING - 5:15 m
CONSENT CALENDAR
Aareements
Item 8r. Mesa Marin Sports Complex. This Item will appropriate $379,000 in Park Improvement
Funds that, In addition to the $296,000 already appropriated In the Park Improvement Fund for
the Mesa Marin Project, will be used to acquire 20 acres of land adjacent to the original softball
diamonds through an agreement with Mesa Marin, LLC. The acquisition of this land will provide
more flexibility in the design and placement of centralized support facilities for the Mesa Marin
Sports Complex. It Is Important to note that there is no General Fund money involved In this
transaction.
Item 8cc. Amendment No. 2 to Aareement No 09-092 with Padre Hotel L.P. no chanae to
amount) to modify the term rinciple and Interest payments. Last year, HUD approved the
City's Section 108 Loan Guarantee, In the amount of $1,800,000, to provide funds for furnishings,
fixtures, and equipment at the Padre Hotel. As part of the agreement with the City, the Padre
Hotel was required to make a $230,000 payment to HUD In August 2010. With the hotel
operational for approximately six weeks, It Is only able to make a principal payment of $100,000
to HUD. There are funds available In the CDBG uncommitted account which were set aside as
a reserve to handle any loan payment cash flow issues or shortfalls. The use of $130,000 of these
funds to cover the shortfall in the August 2010 payment will not impact any current CDBG
projects or programs. This amendment to the agreement with the Padre Hotel, L.P. will modify
principal and Interest payments to the HUD Section 108 loan and extend the repayment terms
of the remaining $1.7 million of the loan during HUD's upcoming Public Offering to sell bonds.
Bidc
Item 8ff. Accept bid and award contract to Kern Pacific Construction ($2,277,009.13) for
sanitary sewer and street Improvements - Ashe Road from Taff Highway to McCutchen Road.
The Wastewater Treatment Plant No. 3 Expansion project required Improvements to the
adjacent roadways near the Plant. This Item awards the contract for the Sanitary Sewer and
Street Improvement on Ashe Road from Taff Highway to McCutchen Road project that will
construct the west half of Ashe Road along this stretch to Its ultimate width and extends a 36"
sewer main from Taff Highway to just north of McKee Road. The engineer's estimate for this
project was $2,875,000, and the acceptable low bid from Kern Pacific Construction came in at
$2,277,009.13.
Miscellaneous
Item 8nn. Proposed Improvement to State Route 99. When the State originally allocated
monies from a bond Issue for State Route (SR) 99 Improvements, no Kern County projects were
approved. Savings have been realized on some of those projects and that has created a new
opportunity to compete for $63 million In funding to construct two projects that will widen SR 99
from SR 119 to Ming Ave (5 miles) and from SR 204 to Olive Drive (1 mile). In order to be
competitive with other regions, Caltrans has requested that KemCOG sponsor approximately $3
million of the preconstruction work with local and available regional resources. Regional
funding is available from KernCOG in the amount of $2.5 million for the preconstructlon work.
Staff Is recommending the City and County commit the additional $500,000 ($250,000 from
each agency, with the City's portion committed from Transportation Development Funds)
needed to cover the shortfall and place our region in a better position to compete for the $63
million in state bond dollars.
CLOSED SESSION
There will be a conference with Legal Counsel regarding one (1) matter of existing litigation and
one (1) matter of potential litigation, and a conference with the Labor Negotiator.
REPORTS
Resolution recommending selection of the "Blue" Alignment as the preferred California High
Speed Rail route through the City. The Planning Director will provide a report on the alignments
for the California High Speed Rail routes proposed through the City of Bakersfield. Based on
comments received during a public workshop held on April 15, 2010, the Planning Commission is
recommending the "Blue" alignment, which generally parallels the existing BNSF Railway. This
resolution will be forwarded to the California High Speed Rail Authority for its consideration when
selecting the ultimate alignment. The City only has the authority to provide Input - not to make
a decision on this Issue.
NEW BUSINESS
Pension Benefits - Alternates A and B. This Item encompasses a public discussion of two
alternates pertaining to pension and employee contribution changes for new public safety
employees to be hired in the future. The item listed as Alternate A In the Administrative Report is
the result of direction given to the City Attorney during the May 19, 2010 City Council meeting to
prepare language for a ballot measure relating to pension benefits at the general election to
be held on Tuesday, November 2, 2010. The item listed as Alternate B in the Administrative
Report has been requested by Councilmember Carson as a separate proposal to pursue
pension and employee contribution changes through the collective bargaining process.
HEARINGS
General Plan Amendment/Zone Change No 09-0263 (Stockdale Ranch). This Item was
continued from the May 5, 2010 and May 19, 2010 City Council meetings. The applicant
responded to a request from the Kern County Administrative Office for public facilities Impact
fees. The continuance from May 19, 2010 to June 9, 2010 was to allow the Kern County
Administrative Office time to review the applicant's response.
Fiscal Year 2010-11 Proposed Budget - Department Budget Presentations and Public Hearing.
The Recreation and Parks, Public Works, Police, Development Services, and Fire departments will
provide detailed overviews of their FY 2010-11 proposed budgets. The public hearing will be in
regard to the FY 2010-11 Operating, Bakersfield Redevelopment Agency and Capital
Improvement Budgets.
Approved: cc: Department Heads
Alan Tandy, City Manager ji7-A&--1 City Manager's File
City Clerk's File
News Media File
Agenda Highlights - June 9, 2010 Council Meeting
Page 2
A
4 ~
ADMINISTRATIVE REPORT
c LIF
MEETING DATE: June 9, 2010 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAD ~
DATE: May 28, 2010 CITY ATTORNEY
CITY MANAGER A'
SUBJECT: Presentation by Mayor Hall of a Proclamation to Micheal King declaring June 19, 2010,
Million Father March Day.
RECOMMENDATION:
BACKGROUND:
krt
OF A,
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: June 9, 2010 AGENDA SECTION: Presentations
ITEM: H , b .
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA oZ 4/-
DATE: May 28, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Michael Scott declaring June 21, 2010,
Motorcycle and Scooter Ride to Work Day.
RECOMMENDATION:
BACKGROUND:
krt
OFy B3A !
~ S
AINISTRATIVE REPORT
1
MEETING DATE: June 9, 2010 AGENDA SECTION: Appointments
ITEM: (D. Q.
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD-94A AT
DATE: May 18, 2010 CITY ATTORNEY" I a
CITY MANAGER &7
SUBJECT: One (1) appointment to the Keep Bakersfield Beautiful Committee due to the
resignation of Carrie Sandles (Alternate - Ward 7), whose term expires November,
2010.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there is one (1) vacancy on the Keep Bakersfield Beautiful Committee due to the
resignation of Carrie Sandles (Alternate - Ward 7), whose term expires November, 2010.
An application for appointment was received from the following:
• Sheryl Graab
The Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is
comprised of eight Mayor/Council-appointed members who will take on the responsibility of
decision making for the beautification program. Terms of office run concurrent with the term of
his or the nominating Councilmember or Mayor, however it is not necessary for a Councilmember
to nominate a resident from his or her ward.
The duties of the KBBC are to recommend policies and specific programs to the City Council
which promote the mission statement of the KBBC as reflected in its bylaws on file with the City
Clerk. In addition, the KBBC shall actively participate in the implementation of various programs
and projects to achieve the KBBC mission statement. The Committee Coordinator of the KBBC
will be the liaison between KBBC and the City Council and shall provide the Council, upon
request, written reports on the activities of the KBBC.
May 18, 2010, 12:24PM
V:1Bds&Comm\KBBCWIternatesWdmin June 2010.docx
AK
O~wWPON, S
ADMINISTRATIVE REPORT
I.r
io
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: S. pL ,
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD ko
DATE: May 28, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the May 19, 2010 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
pl
BA
0~4YpM0f~ s y'C1
U ADMINISTRATIVE REPORT
C ^WNY,
IF
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_
DATE: May 27, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from May 7, 2010 to May 27, 2010 in
the amount of $21,465,182.05 and Self Insurance payments from May 7,
2010 to May 27, 2010 in the amount of $410,875.11.
RECOMMENDATION:
Staff recommends approval of payments totaling $21,876,057.16
BACKGROUND:
KLG
May 27, 2010, 3:01 PM
S:\Kim GWDMIN\COUNCIL-ADMIN -AP-2010\ADMIN-AP 051910.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: C
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V~;-
DATE: May 20, 2010 CITY ATTORNEY- TI-<a
CITY MANAGER A
SUBJECT: Adoption of Ordinance Amending Section 2.28.090 Relating to Board of Zoning
Adjustment Membership.
RECOMMENDATION:
Staff recommends adoption of the proposed ordinance amendment. This amendment
had first reading on May 19, 2010.
BACKGROUND:
This amendment modifies the section to make the appointment of an alternate for the
Economic Development Director consistent with other departments, and gives the City Manager
authority to designate an alternate from that department in the event there is no assistant
director or the position no longer exists.
JHR:Isc
May 20, 2010, 9:09AM
SACOUNCILMmins\09-10 AdminsX2.28.09OZA2d.doc
44
ti
ADMINISTRATIVE REPORT
FO
MEETING DATE; June 9, 2010 AGENDA SECTION: Consent
ITEM: 8.4.
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD 2
DATE: May 21, 2010 CITY ATTORNEY C/
CITY MANAGER_A;~k~
SUBJECT: Adoption of Ordinance approving a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the
zone district from C-1 (Neighborhood Commercial) and R-1 (One Family
Dwelling) to R-2 (Limited Multiple Family Dwelling) on 12.16 acres, located at the
southeast corner of Pacheco and Gosford Roads (ZC # 10-0008 - McIntosh &
Associates - Applicant representing JEC Panama, LLC and MPW Properties, LLC.,
owners). (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 5, 2010.
The applicant proposes amendment to the Bakersfield Zoning Ordinance for the 12.16-acre
project site for the development of low rise apartments with 2 to 3 floors and approximately
211 dwelling units. This Is part of a General Plan Amendment approved by the City Council on
May 5, 2010 changing the land use designation from general commercial to high medium
density residential.
The Planning Commission conducted a public hearing regarding this General Plan
Amendment/Zone Change on March 18, 2010, and recommended approval to the City
Council. No individuals or agencies present at the hearing opposed the request and the
applicant agreed to all conditions and mitigation for the project. Conditions of approval and
mitigation measures which address air quality, cultural resources, biological resources, traffic,
and public Improvements are recommended as part of the project approval.
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 February 10, 2010, In accordance with CEQA.
CG- S:\GPAs\GPA 1st 2010\ 10-0008\SR Admin\Admin Report 10-0008 2nd Reading.doc
O~ eB AADMINISTRATIVE REPORT
~+'a►axr a+P
IF
MEETING DATE: June 9, 2010 AGENDA SECTION: CONSENT CALENDAR
ITEM: gj
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD AT~
DATE: May 27, 2010 CITY ATTORNEY VCS
CITY MANAGER
SUBJECT: Resolution calling and giving notice of holding a General Municipal Election for the election
of Councilmembers for Wards 1, 3, 4 and 7, and requesting consolidation with the County
of Kern Statewide General Election to be held on Tuesday, November 2, 2010.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
This resolution calls for the General Municipal Election and requests consolidation with Kern County
Elections with a standard indemnity provision, to be approved by the Board of Supervisors, in accordance
with State election laws and City Charter §67.
The General Municipal Election will be held on November 2, 2010 for the following Councilmember seats:
Ward 1 - Irma Carson
Ward 3 - Ken Weir
Ward 4 - David Couch
Ward 7 - Zack Scrivner
Filing period for all seats is July 12, 2010 through August 6, 2010. A calendar outlining the election
deadlines is provided for your information.
PI
May 27, 2010, 4:19PM
SAElection\HDMIN RPTS\2010Wdmin wards 1 3 4 7 nov 2010.dot
BAKE
O~~COVOnAf~
ADMINISTRATIVE REPORT
ILd
1~1 0000
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /✓'S
DATE: May 17, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering Judicial Foreclosure of Delinquent Assessments (104 parcels totaling
$113,471.23) for the Sydney Harbour District AD 07-2 (Wards 1)
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND: The City of Bakersfield has issued Limited Obligation Bonds for the Assessment District
listed above. Assessment Districts are generally formed at the request of a developer who requests
assistance from the City in financing certain public improvements such as sewer lines, water lines, streets,
curb & gutter, storm drains and other incidental costs. Liens are placed on each property within the
District boundaries and the bonds are repaid from the annual assessments levied and collected on annual
property tax bills. These bonds are issued pursuant to the Improvement Bond Act of 1915 of the California
Streets and Highways Code.
The City has covenanted with the bond holders to initiate an administrative foreclosure process no later
than October 1 in any year when delinquencies within a given District near or exceed 5% of the annual
levy placed on the tax bill to pay the annual principal and interest on the bonds. Delinquencies on the
above referenced District have exceeded the threshold requiring immediate action.
In September 2009, staff brought a similar Resolution to Council for approval (Resolution 098-09). The
September 2009 action addressed the delinquent parcels on record at that point in time.
During the current 2009-10 tax year, an additional number of parcels have now become delinquent (104
delinquent parcels totaling $113,471.23) which require Council action by Resolution. It is likely that these
additional delinquent parcels will be added to the existing foreclosure action that was initiated last year.
The City is under no obligation to use City funds to make the debt service payments, but we do have an
obligation to make a good faith effort to collect the annual assessments and pursue collection of
delinquent assessments.
nks
SAAdminWdmin Reports\ad foreclosure resos May 2010.docx
May 17, 2010, 2:48PM
G A1(
Q` yAMR, ~V
ADMINISTRATIVE REPORT
Cq+~uR n♦
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: ~j.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 18, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution ordering Judicial Foreclosure of Delinquent Assessments (152 parcels totaling
$304,328.63) for the City in the Hills District AD 05-1 (Ward 3)
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND: The City of Bakersfield has issued Limited Obligation Bonds for the Assessment District
listed above. Assessment Districts are generally formed at the request of a developer who requests
assistance from the City in financing certain public improvements such as sewer lines, water lines, streets,
curb & gutter, storm drains and other incidental costs. Liens are placed on each property within the
District boundaries and the bonds are repaid from the annual assessments levied and collected on annual
property tax bills. These bonds are issued pursuant to the Improvement Bond Act of 1915 of the California
Streets and Highways Code.
The City has covenanted with the bond holders to initiate an administrative foreclosure process no later
than October 1 in any year when delinquencies within a given District near or exceed 5% of the annual
levy placed on the tax bill to pay the annual principal and interest on the bonds. Delinquencies on the
above referenced District have exceeded the threshold requiring immediate action. District delinquencies
include 152 delinquent parcels totaling $304,328.63.
The City is under no obligation to use City funds to make the debt service payments, but we do have an
obligation to make a good faith effort to collect the annual assessments and pursue collection of
delinquent assessments.
nks
S:1Admin\Admin Reports\ad foreclosure resos May 2010 05-1.docx
May 18, 2010, 9:11AM
BA
O covo■ADMINISTRATIVE REPORT
L1F0
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: (3,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 13, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution providing for the collection of delinquent sewer charges by the Kern
County Auditor-Controller's Office (All Wards).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Each year the City Council transfers the function of collecting the delinquent
prorated sewer charges to the Kern County Tax collector by resolution.
Sewer accounts are billed on the Kern County tax rolls at the beginning of each fiscal year.
Charges for sewer service that start after the tax roll is prepared are billed on a prorated basis
through the City's accounts receivable billing system. These prorated sewer fees cannot be
placed onto the tax roll until the start of the next fiscal year. This resolution transfers the
collection of accounts that remain unpaid after 120 days to the Kern County Auditor-
Controller's Office. Accounts with no forwarding address or if the property is under foreclosure
are written off as uncollectible.
WWTP: rp - 5/13/2010 5:37:42 PM
A
o~~,~.ro.. E s
ADMINISTRATIVE REPORT
L Fo
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: , i ,
TO: Honorable Mayor and City Council APPROVED
-77
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: March 30, 2010 CITY ATTORNEY oin
CITY MANAGER fI'
SUBJECT: A Resolution providing for the collection of delinquent refuse charges
by the Kern County Auditor-Controller's Office (All Wards).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: New refuse residential accounts are billed on the Kern County tax roll at the
beginning of each fiscal year. However, new homes are added throughout the year which
cannot be placed onto the tax roll until the start of the next fiscal year. For the majority of cases,
prorated refuse fees are collected in advance these for new homes. In some cases, refuse fees
cannot be collected in advance and are therefore billed to the customer. Unfortunately, some
of these bills remain unpaid and become delinquent. This resolution transfers the collection of
delinquent residential refuse fees to the Kern County Auditor-Controller's Office. This in turn allows
the delinquent refuse fees to be collected on the tax roll.
Out of approximately $115,000 billed in Fiscal Year 2009/10 for prorated services relating to new
homes added during the year, approximately $14,000 remains delinquent and will be collected
on the County's tax roll through this resolution.
May 11, 2010, 10:57AM
C:\DOCUME-1\glorenzi\LOCALS-1\Temp\XPgrpwiselAdmin Rpt_Residential KC Delingent Refuse Charge fund 10-11.doc
ADMINISTRATIVE REPORT
~ 4wxv w*
IF Q
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: '
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 11, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution for the collection of Residential Blue Cart Recycling Fees by the Kern
County Auditor-Controller's Office. (All Wards)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Staff proposes no increase to residential blue cart recycling fees for Fiscal Year
2010/11. However, in order for the Kern County Tax Auditor-Collector's Office to place the blue
cart accounts to the next year tax roll, a new resolution from the City Council must be adopted.
May 11, 2010, 10:58AM - Solid Waste (1-Fishman)
C:\DOCUME-1\glorenzi\LOCALS-1\Temp\XPgrpwise\Admin Rpt Residential Blue Recycling Charges 10-11.doc
ADMINISTRATIVE REPORT
4NY
LIFO
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD Y-
11,
DATE: May I 'l, 2010 CITY ATTORNEY
CITY MANAGER
7~
SUBJECT: A Resolution providing for the collection of residential refuse fees by the Kern
County Auditor-Controller's Office. (All Wards)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Staff proposes no increase to refuse rates for Fiscal Year 2010/11. Although, the
refuse hauler's contract will increase by 1.8% (adjusted annually by the Consumer Price Index),
sufficient fund balance exists in the Refuse Fund to cover the increased costs associated with the
haulers' contract. In light of the present economic and employment climate, staff proposes the
use of Refuse Fund balance to avoid imposing a rate increase to the general public.
However, in order for the County to add the residential accounts to the Fiscal Year 2010-2011 tax
roll, a new resolution from the City must be adopted by the City Council in order for the Kern
County Tax Auditor-Collector's Office to place residential refuse fees on next year's tax roll.
May 11, 2010, 10:58AM
C:\DOCUME-1\glorenzi\LOCALS-1\Temp\xPgrpwise\Admin Rpt_Residential 10-11.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8 ,
TO: Honorable Mayor and City Council AP ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 27, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with Kern Class 8, LLC, a California Limited
Liability Company for Tract 6170 Phase 3 located at northeast intersection of McKee
Road and Mountain Ridge Drive. (Ward 6)
2. Final Map and Improvement Agreements with D.R. Horton VEN, Inc., a California
Corporation (corporation, limited partnership, etc.), for Tract 6639 located east of
Stine Road and north of Hosking Avenue. (Ward 7)
3. Final Map and Improvement Agreement with Castle & Cooke California, Inc., a
California Corporation for Tract 7202 Phase 2 located west of Renfro Road and south
of Stockdale Highway. (Ward 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND: These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and
landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
dha
May 27, 2010, 11:51AM
GAGROUPDATIADMINRPT\2010\06-09\T6170-3 T6639 T7202-2 Map and IM AGR.doc
1fUl,.L
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: ryl
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD f~6 'P
DATE: May 28, 2010 CITY ATTORNEY 64
CITY MANAGER A
SUBJECT: Agreement with the Kern County Superintendent of Schools (KCSOS) Office ($120,000.00)
to establish a Safe Community Partnership consistent with the requirements set forth by
CalEMA for the 2009 Cal-GRIP grant.
RECOMMENDATION: Staff recommends approval of the proposed agreement.
BACKGROUND: The Bakersfield Police Department (BPD) has received a two-year grant in the amount
of $382,488 under the California Gang Reduction, Intervention, and Prevention Program (CaIGRIP) from
the California Emergency Management Agency (CalEMA). Part of the grant award ($120,000) is
designated to fund a partnership with the Kern County Superintendent of Schools (KCSOS) for two years.
The objective of this grant and the partnership is defined below:
"The Bakersfield Police Department will serve as lead agency in implementing a Safe Community
Partnership strategy in order to reduce violence in one of the city's most troubled areas. This program will
include analysis of gun violence and gang membership data, establishment of a working group of
community organizations to guide the strategy, direct communication with gang members most likely to
offend, connecting youth with job and education opportunities, and provision of counseling and parenting
services. Law enforcement officials will utilize a strategic partnership to communicate and support a
message of enhanced enforcement action for any gang using violence while reinforcing the message that
community services are available to help gang members who wish to leave the gang lifestyle."
In order to effectively implement a Safe Community Strategy the Bakersfield Police Department will
partner with the KCSOS to help guide the strategy. This partnership will include KCSOS staff being
readily available to the BPD and will link services to the KCSOS Project 180 Gang Prevention Program
(Project 180). Project 180 is a program in which staff refers youth to appropriate programs; selecting a
target group to receive prevention and intervention services and closely monitoring the impact of the
programs; hosting and facilitating a local Parent Project Training and Aggression Replacement Therapy
(ART) Training program to increase the capacity of community partners to serve families and youth in
target areas.
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 09-10\ADMIN RPT - (06-09-10) 2009 CAL GRIP AGT WITH KCSOS.docx
6/1/2010 10:51 AM Page 1 of 2
QA(
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 TAGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD C_
DATE: May 28, 2010 CITY ATTORNEY Y~
CITY MANAGER
SUBJECT: Agreement with the Kern County Superintendent of Schools (KCSOS) Office as
administrative agent for the Kern County Network for Children ($80,000.00) to establish a
Safe Community Partnership consistent with the requirements set forth by CalEMA for the
2009 Cal-GRIP grant.
RECOMMENDATION: Staff recommends approval of the proposed agreement.
BACKGROUND: The Bakersfield Police Department (BPD) has received a two-year grant in the amount
of $382,488 under the California Gang Reduction, Intervention, and Prevention Program (CaIGRIP) from
the California Emergency Management Agency (CaIEMA). Part of the grant award ($80,000) is
designated to fund a partnership with the Kern County Network for Children (KCNC) for two years. The
objective of this grant and the partnership is defined below:
The Bakersfield Police Department will serve as lead agency in implementing a Safe Community
Partnership strategy in order to reduce violence in one of the city's most troubled areas. This program will
include analysis of gun violence and gang membership data, establishment of a working group of
community organizations to guide the strategy, direct communication with gang members most likely to
offend, connecting youth with job and education opportunities, and provision of counseling and parenting
services. Law enforcement officials will utilize a strategic partnership to communicate and support a
message of enhanced enforcement action for any gang using violence while reinforcing the message that
community services are available to help gang members who wish to leave the gang lifestyle."
In order to effectively implement a Safe Community Strategy and fulfill CaIEMA requirements, all
prevention and intervention services must be monitored, documented and reported. The Bakersfield
Police Department will partner with the Kern County Superintendent of Schools to administer the Project
180 prevention/intervention program to help guide the strategy. However, a partnership with KCNC will
also be established to assess the effectiveness of the Safe Community Partnership. All programs and
participants receiving services through Project 180 will be monitored through the use of Efforts to Outcome
(ETO) software by project staff from KCNC. Regular reports will be generated and results provided to
local agencies for evaluation and grant reporting.
\\citynas\homedirs\dbranson\BPD\NDMIN RPTS\ADMIN RPTS FY 09-10WDMIN RPT - (06-09-10) 2009 CAL GRIP AGT WITH KCNC.docx
6/1/201010:50 AM Page 1 of 1
VORA
ADMINISTRATIVE REPORT
ALIF0
MEETING DATE: June 9, 2010 EAGENDA SECTION: Consent Calendar
M: 5, p,
TO: Honorable Mayor and City Council
APP` OVED
FROM: Raul Rojas, Public Works Director
DEPARTMENT HEAD
DATE: May 27, 2010 CITY ATTORNEY
CITY MANAGER _
SUBJECT: Agreement with Quincy Engineering, Inc. ($59,500) for bridge rehabilitation design
for Manor Street Bridge at Carrier Canal and for Union Avenue Overhead at Union
Pacific Railroad (Wards 2 and 3).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Periodic bridge inspections are performed by Caltrans staff and the results of
their inspections are submitted to the City for bridges located within City limits. On April 12, 2010,
the City released an RFQ&P (Request for Qualifications and Proposal) for design engineering
services for bridge rehabilitation design at two locations: 1) Manor Street at Carrier Canal; and, 2)
Union Avenue Overhead at Union Pacific Railroad. The scope of work requires the consultant to
provide construction plans addressing issues raised by Caltrans bridge inspectors for these two
locations.
A total of eight responses were received on May 6, 2010. The Selection Committee met on May
20, 2010 to evaluate responses to the RFQ&P. The Proposers were also required to submit a fee
proposal for the Scope of Work detailed in the RFQ&P. The Selection Committee determined
that Quincy Engineering was the firm with the highest QBS (Qualification Based Scoring). The
Selection Committee found the firm of Quincy Engineering to have the combination of
qualifications and fee proposal most favorable for the City.
Therefore, staff recommends award of this agreement to Quincy Engineering.
Sufficient funds are budgeted to award this project.
reb
t8k128
t8k129
June 1, 2010, 12:22PM
G:IGROUPDATIADMINRPT\Bridge Rehab Design.doc
mnmmvww~
A
V4,
ADMINISTRATIVE REPORT
c.
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 26, 2010 CITY ATTORNEY
CITY MANAGER Q.Q
SUBJECT: Freeway Agreement with State of California, Department of Transportation (no
compensation clause) to establish the limits of State Route 99 that are within the
City's Corporate Boundaries (Wards 1, 2, 3, 6, and 7).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: On May 31, 1989, the City entered Into Freeway Agreement No. 89-142 with the
State of California, Department of Transportation. This agreement pertained to the segments of
State Route 99 within the City's corporate boundaries at that time. The City's boundaries have,
since the date of that agreement, been modified several times due to various annexations. This
new Freeway Agreement pertains to the current corporate boundaries. On the south side of
Bakersfield, the limit of this freeway agreement is set at 0.3 mile south of Taff Highway (State
Route 119), The northern limit is set at Minkler Underpass, where a railroad spur line goes over
State Route 99 just north of the State Route 99/Golden State Highway (State Route 204)
interchange.
The clauses in the freeway agreement are general terms. The City maintains the local streets and
the State maintains the freeway. The agreement also requires the City and the State to enter Into
a project specific agreement when a new project along the freeway is needed.
Public Works / Design Engineering
NGF/adr
May 26, 2010, 4:06PM
G:\GROUPDATWDMINRPT\2010\06-09\Freeway Agreement SR99.docx
ADMINISTRATIVE REPORT
L~F 0
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: Lj,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 24, 2009 CITY ATTORNEY
CITY MANAGER
SUBJECT: Reimbursement Agreement with County of Kern (not to exceed amount of
$400,000.00) for reimbursement of professional services for right-of-way for the
7th Standard Road Widening Project. (TRIP)
RECOMMENDATION: Staff recommends approval of reimbursement agreement.
BACKGROUND: The State Department of Transportation (Caltrans) identified Kern County as
the lead agency for the 7th Standard Road Widening Project. As the lead agency, the County
is the only agency able to seek reimbursement through Caltrans from federal Thomas Roads
Improvement Program (TRIP) funds identified for the 7th Standard Road Widening Project. Due
to the timing for the project, the County requested that the City allow Parsons and it's sub-
consultants to perform professional services for right-of-way work for the project, utilizing the
existing agreement the City has with Parsons.
This reimbursement agreement with the County will allow the City to bill for reimbursement of
Parsons' right-of-way work. The County will then submit these charges to Caltrans for
reimbursement from federal TRIP funds identified for the 7th Standard Road Widening Project.
tdw
June 1, 2010, 12:29PM
G:\GR0UPDAT\ADMINRPT\2010\06-09\county 7th Standard Agreement Admin.doc
A
4
U ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: June 3, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Mesa Marin Sports Complex (Ward 3):
1. Agreement with Mesa Marin, LLC to purchase real property located on the north
of Highway 184 and south of Highway 178 for $665,000 for the Mesa Marin Sports
Complex.
2. Appropriate $379,000 Park Improvement Fund Balance to the Capital
Improvement budget within the Park Improvement Fund for the land acquisition
(zone 3).
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND:
In March of 2002, the City acquired the softball diamond complex at Mesa Marin (Complex). The
softball diamonds are being reconstructed with an expected completion date of November,
2010.
Using only Park Fee monies with no General Fund monies, the City is proposing to purchase 20
acres adjacent to the original softball diamonds. The acquisition of this property will provide the
public with a better recreation experience and staff with more flexibility in the provision of
amenities by creating design possibilities with placement of centralized support facilities.
The existing Complex only has primary access off the future Bedford Greens Road. The
connection requires a road through a drainage channel and is close to a future public middle
school. Access will be greatly improved with the 20 acre acquisition as it will provide frontage on
Highway 184. Frontage on Highway 184 will allow access and site identification off of a major
road and improved circulation throughout the Complex while reducing traffic impacts to the
adjacent neighborhoods.
June 3, 2010, 8:23AM
P:\MyF11es\Admin Reports\Mesa Madn LLC.3.doc
DMA/s
A
ADMINISTRATIVE REPORT
c
Further, the property currently has an approved tentative residential tract map. Several lots of
the tract are directly adjacent to the southerly property line of the softball fields. This would have
the potential to create a conflict due to the possibility of light and noise from the softball fields
going into adjacent rear yards. Adding the 20 acres will allow for sufficient space and landscape
to be added as buffers between sport fields and adjacent uses.
The purchase price is a product of negotiations and the purchase is conditioned upon
verification by an independent real estate appraisal. The Planning Department, in accordance
with Government Code Section 65402 and City of Bakersfield Ordinance 4248, found the
purchase to be consistent with Metropolitan Bakersfield General Plan. A Phase 1 Environmental
Site Assessment was prepared by the City and who also reviewed a previous Phase I & II
Environmental Site Assessment and found no areas of concern resulting from its previous use as
the Mesa Marin Speedway.
There is $296,000 already budgeted for the Mesa Marin Project in the Park Improvement Fund.
The additional appropriation of $379,000 will provide sufficient funds to complete the land
acquisition transaction, including estimated closing costs.
June 3, 2010, 8:23AM
P:\MyHes\Admin Reports\Mesa Marin LLC.3.doc
DMA/s
BAKE
O~ycosroa,re
ADMINISTRATIVE REPORT
gLIFO
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8.5
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: May 25, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Easement Agreement with Pacific Gas and Electric Company for Widening of
Buena Vista Road. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the agreement.
BACKGROUND:
Castle & Cooke is developing land on the west side of Buena Vista Road north of White Lane in
the City of Bakersfield which surrounds PG&E's substation on Buena Vista Road. In connection
with the City's approval of the development, the City requested an easement for the purposes of
widening Buena Vista Road. The developer entered into an agreement with the City to obtain
by eminent domain a 25-foot right-of-way for that portion of Buena Vista Road which fronts the
existing PG&E facility. By this agreement, in consideration of Castle & Cooke's payment of
$27,400 to PG&E, PG&E will grant the easement to the City for the purposes of road
improvements, landscaping, wall and public utilities easements.
This assistance to the Developer involves no City money, and Developer has paid all the fees and
costs associated with the acquisition.
JHR:Isc
May 25, 2010, 2:17PM
SACOUNCIUAdmins\09-10 Admins\PG&E-BV.EsmtAgr.doc
BA E
O~ ywmo.,:~ RS
ADMINISTRATIVE REPORT
IF Q
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD '`/0~~t 1.
DATE: May 18, 2010 CITY ATTORNEY Vle
CITY MANAGER I'
SUBJECT: Agreement with GC Environmental, Inc (not to exceed $500,000) for Landfill Gas
System Services for the Bakersfield Sanitary Landfill Closure Project (Ward 3).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City is required to perform monthly monitoring and annual testing of the
landfill gas system at the old Bakersfield Landfill. On July 19, 2006, Agreement No. 06-207 was
awarded to GC Environmental (GCE) to provide the monitoring and testing services for a four
year term which ends on June 30, 2010.
Because Agreement No. 06-207 will end in June 2010, staff issued a request for proposals (RFP) to
seven firms that provide landfill gas system services. Proposals were received from two qualified
firms. After reviewing the two submitted RFPs for both qualifications and fee proposals, staff
recommends award of this agreement to GCE because of their RFP being the most favorable to
the City as follows:
1. GCE is the most qualified firm, having a strong track record of good performance on prior
contracts.
2. GCE has a thorough understanding of the system, having built and maintained it for many
years. The only other proposal received was weak in that it did not address the entire
scope of work. The firm did not make the recommended site visit to become familiar with
the jobsite for an effective proposal. As a result, they did not quantify the work load
properly.
3. The schedule of hourly rates in the GCE fee proposal was significantly better than the only
other proposal received.
This proposed agreement includes $300,000 for additions to the current landfill monitoring system
which are needed for the landfill cap construction project. In addition, $200,000 is included in
the proposed agreement for routine monitoring and maintenance costs. The term of this
agreement is for five years.
Sufficient funds are budgeted to cover the costs associated with this agreement.
G:\GR0UPDAT\ADMINRPT\2010\06-09\Admin Rpt - GCE 051710_KB.doc
BAKE
0~~,,OdPORAT~ S~~
ADMINISTRATIVE REPORT
Cl "WL10
LI o
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: May 28, 2010 CITY ATTORNEY f~
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 09-081 with the County of Kern for Animal Care
Services; Extending the Term of the Agreement by One (1) Year and Increasing the
County's Compensation ($334,100 not to exceed $659,100).
RECOMMENDATION:
Staff recommends Council approval.
BACKGROUND:
During the 2004-05 fiscal year, the City and the County entered into a five-year agreement (04-
149) to provide a mutually beneficial working arrangement for animal care and control for the
Bakersfield area. The agreement created a mechanism to provide consistent delivery of services
and a convenient co-located animal care facility, in which both Bakersfield and Kern County
residents could find their lost animals, adopt a dog or cat, and obtain a dog license. The
agreement provided shelter services for City Animal Control to take animals picked up in the
field, and committed the City to constructing an additional kennel facility/building to house
animals which come into the shelter. This building, completed in 2005, today serves as the
County's adoption center; however, the City maintains ownership and provides for building
maintenance. This arrangement provides a one-stop shop for Bakersfield area residents,
operational economies of scale for animal control and a common animal control tracking
system (Chameleon) to facilitate the locating of lost animals, notifying the public and the issuing
of licenses.
The agreement, described above, ended June 30, 2009. A new one-year agreement was
entered into jointly by the City and County in June of 2009 and was the result of lengthy
negotiations between the City and County. This new agreement provided for updated terms
and provisions and also included a 22% increase in compensation for animal shelter services
provided by the County. This current agreement expires June 30, 2010. City and County staff
BAK R
O~wIOPPOR4r~
ADMINISTRATIVE REPORT
C ~4®
L1 0
agree that to provide the most efficient and effective animal care services for the community, it
is desirable to continue this working relationship. To this end, City and County staff have agreed
to amend the existing agreement by extending its term for a period of one (1) year and include
a 2.8% increase in compensation payable to the County based on a Consumer Price Index
adjustment.
Due to the possibility of the State withholding City and County tax revenues and the uncertainties
that surround the City and County's budgets, this amended agreement will provide the
mechanism for the City and County to continue providing the community with Animal Control
Services in a consistent manner. In addition the one-year term will provide the time necessary for
both agencies to gain a clearer picture of their respective budget limitations and to consider a
longer-term agreement.
Under the current agreement (09-081), the City's reimbursement to the County for Shelter services
is $325,000 for the period of Julyl, 2009 through June 30, 2010. This amendment will increase the
amount due to the County by 2.8% ($9,100), for total of $334,100 for the period of July 1, 2010
through June 30, 2011. This increase is consistent with the provisions of the 2004 five-year
agreement (04-149) which included annual adjustments based on the agreed upon Consumer
Price Index. The increase has been built into the proposed Police Department budget for the
2010-11 fiscal year.
F BA.
ADMINISTRATIVE REPORT
LIF
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: s(,) V.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD &k
DATE: May 26, 2010 CITY ATTORNEY /k,
CITY MANAGER
SUBJECT: Amendment No. 3 to Agreement 06-208 with Dokken Engineering, ($72,000.00; for a
revised not to exceed total of $7,087,674.00) for Engineering Design Services for Phase 4
of the Westside Parkway Project (TRIP). (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Dokken Engineering is providing Engineering Design Services for Phase 1 (Mohawk
Street Extension) and Phase 4 (Truxtun Tie-in) of the Westside Parkway Project.
Recent traffic analysis performed for the Centennial Corridor/SR 58 Connector Project (which will
ultimately connect to Phase 4 of the Westside Parkway) has shown that widening eastbound Truxtun
Avenue from two lanes to three lanes, from the point where the Westside Parkway will connect to
Truxtun east through the Empire Drive intersection, will enhance traffic flow in this area.
Amendment No. 3 to Agreement 06-208 will allow Dokken Engineering to design this widening of
Truxtun Avenue. This widening work is planned to be bid as part of the Westside Parkway Phase 4
Project. Adequate state and local funds have been previously budgeted to pay for this agreement
amendment.
Rev.: May 28, 2010, 9:33AM
G:\GR0UPDAT\ADMINRPT\2010\06-09\Dokken Amendment 3- Admin.doc
A
4
ADMINISTRATIVE REPORT
c w
t
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: L9, W,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: May 25, 2010 CITY ATTORNEY
CITY MANAGER tZ
SUBJECT: Amendment No.l to Agreement No. 09-148 with Clifford and Brown ($60,000;
revised not to exceed $175,000) for outside legal services in the matter of Land Lot 1
v. City, et a/ (KCSC Case No. S-1500-CV-263357 WDP).
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On May 23, 2008, the City entered Into Agreement No. CA08-010 for legal services in the
above matter with Clifford and Brown in an amount not to exceed $40,000 and amended
Agreement No. CA08-010 on November 18, 2009 for an amount not to exceed $115,000 which
agreement became Agreement No. 09-148. The lawsuit has had some unusual procedural Issues
and is still pending, A trial may be calendared for late 2010/early 2011. At this time, the City
Attorney's Office requests that an amendment to this agreement be executed for additional
compensation so that outside representation may continue through trial.
This Amendment No. 1 to Agreement No. 09-148 would be adding $60,000 to the Not to
Exceed Limitation on compensation and result In a total Not to Exceed amount of $175,000.
VG:ac
S:\000NCIL\Admins\09-10 Admins\LandLotl AdmIn09-148Amd1,doc
June 1, 2010, 11:26AM
A
ADMINISTRATIVE REPORT
W 0.
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: May 25, 2010 CITY ATTORNEY
CITY MANAGER_dP:!
SUBJECT: Amendment No. 1 to Agreement No. 09-149 with Duane Morris, LLP ($25,/000; revised
not to exceed $125,000) for outside legal services in the matter of Home Builders
Assoclatlon of Kern County, Inc. v. City, et al (KCSC Case No. S-1500-CV-267954
NFT).
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On September 9, 2009, the City entered Into Agreement No. CA09-013 for legal services in
the above matter with Duane Morris, LLP in an amount not to exceed $40,000 and amended
Agreement No. CA08-010 on November 18, 2009 for an amount not to exceed $100,000 which
agreement became Agreement No. 09-149. This matter has concluded with a favorable result
for the City. However, there are outstanding invoices to Duane Morris remaining. At this time, the
City Attorney's Office requests that an amendment to this agreement be executed for additional
compensation to close this file.
This Amendment No. 1 to Agreement No. 09-149 would add $25,000 to the Not to Exceed
Limitation on compensation and result in a total Not to Exceed amount of $125,000.
VG:ac
S:\COUNCIL\Admins\09-10 Admins\HBAAdm1n09-149Amd1.doc
June 1, 2010, 11:25AM
ww~
O~ BA
U d ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: May 21, 2010 CITY ATTORNEY
CITY MANAGER- ATI
SUBJECT: Amendment to agreement and appropriation of funds to prepare an
Environmental Impact Report for General Plan Amendment/ Zone Change No.
06-2247 (Saco Ranch Project) generally located at the southeast and southwest
corners of Coffee Road and Seventh Standard Road. (Ward 4)
1. Amendment No. 2 to Agreement No. 07-220 with RBF Consulting ($12,000.00;
not to exceed $264,530.00) for preparation of an Environmental Impact
Report.
2. Appropriate $12,000.00 (developer's contribution) to the Development
Services operating budget in the General Fund for the EIR consultant.
RECOMMENDATION:
Staff recommends approval of the agreement amendment and appropriation of funds.
BACKGROUND:
Bidart Bros., a California corporation, is proposing the development of commercial on
approximately 324 acres, located at the southeast and southwest corners of Coffee Road and
Seventh Standard Road.
Consultant - City Agreement:
An additional $12,000.00 has been deposited by the applicant, Bidart Bros., to recover
additional costs associated with research, investigation and analysis required to respond to
comments to the draft environmental impact report (EIR) that fell outside the original scope of
work. With the additional amount, the total contract with RBF Consulting, the EIR consultant, is
$264,530.00. No City funding is required for this contract. As with all EIRs, the funds to pay the
consultant, staff's time and related materials to process the EIR come from the project
applicant.
The Planning Commission hearing for the Saco Ranch project is tentatively scheduled for June
17, 2010.
CG / S:\GPAs\GPA 2nd 2010\EIR 06-2247 (Saco Ranch EIR)\Agreaments\Amendment Request\adm rapt amend agreement 2.doc
F A
U Cy
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: y
TO: Honorable Mayor and City Council APPROVED
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD
DATE: May 21, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No.2 to Agreement No. WR 07-004 with Jones & Stokes ($17,972; revised not to
exceed $86,712) to provide Year 4 Environmental Mitigation Monitoring Services as described
in the City's Mitigation and Monitoring Plan for the Lower Kern River. (Ward No. 3)
RECOMMENDATION: Staff and Water Board recommend approval of amendment to the agreement.
BACKGROUND:
On February 2, 2007 the City of Bakersfield entered into Agreement No. WR 07-004 with Jones & Stokes
to conduct Year 1 of an Environmental Mitigation Monitoring Plan for the lower Kern River. The mitigation
and monitoring program as required by the U.S. Environmental Protection Agency (EPA) is to be
implemented over a 5 year performance period. This mitigation work is being performed in response to an
Administrative Order Pursuant to Section 309(a) of the Clean Water Act issued to the City of Bakersfield
by the United States Environmental Protection Agency, Region IX, in San Francisco, CA. More
specifically, the Order concerns discharges of dredged and fill material to the Kern River. The first year
monitoring report has been completed and submitted to the EPA in accordance to the City's monitoring
plan.
Amendment No. 1 modified the agreement to allow Jones & Stokes to perform three additional tasks in
accordance with EPA requirements and the City's Mitigation and Monitoring Plan which includes: Year 2
mitigation monitoring and preparation of report, development of Standard Operating Procedures for City
Staff and contractors working in the Kern River Floodplain and inspection service for construction of the
new Wetland Mitigation Site.
Jones & Stokes is an expert in environmental mitigation issues and have had continued success in
working with the EPA on mitigation/restoration monitoring plans in the past. Moreover they did the initial
work in the development of the City's Lower Kern River Monitoring Plan and preparation of the Year 1
through 3 Reports for EPA at a very competitive price and we estimate substantial savings, continuity and
excellent work products and recommend allowing the same contractor to do the next phase of the
monitoring program.
A
a ,
U
d
✓ ADMINISTRATIVE REPORT
Amendment No. 2 will modify the agreement to allow Jones & Stokes to conduct Year 4 of an
Environmental Mitigation Monitoring Plan for the lower Kern River. The contractor will also prepare the
Year 4 monitoring report for the EPA as required under the City's mitigation and monitoring plan. This
mitigation and monitoring program is required by the EPA and is to be conducted over a 5 year
performance period.
The City Water Board at its meeting of May 12, 2010 reviewed this agreement. The Board voted
unanimously to approve and recommend City Council approval.
Funding for this project is budgeted in the Water Resources Department's FY 2009-10 Operating Budget.
May 21, 2010
SA2010ADMIN REPORTSWmendNo.2toWR07-004Jones&Stokes
A
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: ao,,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD P&-
DATE: May 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 3 to Agreement No. 08-114 with Duane Morris, LLP ($500,000;
revised not to exceed $1,000,000) for outside legal services concerning State Water
Resources Control Board, Reference No. KMB:A31674
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
Staff is seeking approval of Amendment No. Three to Agreement No. 08-114 for an
additional $500,000 for a total amount not to exceed $1,000,000, with Duane Morris to cover
representation of the City at the State Water Resources Control Board. This is on-going complex
litigation which seeks a conclusion that there is unappropriated water and that it should remain
in the Kern River.
Funds will be available in the Water Resources FY 2009-10 and FY 2010-11 budgets for the
required outside legal services outlined above.
GGAII
S:\C0UNCIL\Admins\09-10 Admins\At"nragr.Duanemordsswrcbagr08-114.Amd3.Dott
May 26, 2010, 2:40PM
A
ADMINISTRATIVE REPORT
L
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD -~Y
DATE: May 25, 2010 CITY ATTORNEY
CITY MANAGER IfT
SUBJECT: Amendment No. 1 to Agreement No. 08-131 with RBF Consulting ($20,400; total
compensation not to exceed $65,000) for additional engineering services needed for
Bridge Repair: Oak Street at BNSF (Ward 2).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The City entered into Agreement No. 08-131 with RBF Consulting (Consultant) on
July 30, 2008. The scope of work included preparation of construction documents for the maintenance
and repair of the Oak Street Bridge located between Truxtun Avenue and California Avenue.
Construction improvements include replacing of the joint seal assemblies at both abutments, repairing
to the concrete deck spalls, applying a methacrylate coating, and removing a steel cover plate on a
girder. The Consultant was tasked with preparing one complete set of construction plans,
specifications and an engineer's estimate for the proposed improvements.
Due to capital improvement project budget constraints for the upcoming fiscal year, the project must be
divided up into two separate phases and constructed over two fiscal years. The project plans,
specifications and engineer's estimate must now be developed for two separate bid packages.
The Consultant will now have to provide additional project coordination with the City during the
development of the two bid packages, and will have to provide additional bidding assistance and
engineering services during construction of the two separate construction phases. Therefore, an
amendment to the original agreement is required to provide for additional compensation relating to the
additional services provided by the Consultant.
This amendment will increase the Consultant fee by an additional $20,400. This will increase the
previous total contract amount of $44,600, to a new total contract amount of $65,000.
Sufficient funds are budgeted to cover this amendment.
GIm)
(Project No. T9K119)
May 25, 2010, 9:13AM
G:\GROUPDAT\ADMINRPT\2010\06-09\RBF Amendment 1 to 08-131.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
[ITEM: I
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L, Kunz, Economic Development Director DEPARTMENT HEAD
DATE: May 26, 2010 CITY ATTORNEY ~2
CITY MANAGER 7-
SUBJECT: Amendment No. 2 to Agreement No. 09-092 with Padre Hotel, L.P. ($0, total not to
exceed $1,800,000) to modify the term, principle and 'interest payments to the HUD
Section 108 Loan. (WARD 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Section 108 is the loan guarantee provision of the Community Development Block Grant
(CDBG) program through the U.S, Department of Housing and Urban Development (HUD).
Section 108 provides communities with a source of financing for economic development,
housing rehabilitation, public facilities, and large-scale physical development projects. Such
public investment is often needed to inspire private economic activity, providing the initial
resources or simply the confidence that private firms and individuals may need to invest in
distressed areas.
On July 15, 2009, City Council approved the submission of a Section 108 Loan Guarantee
application in the amount of $1.8 million dollars to the U.S. Department of Housing and Urban
Development (HUD) to provide funds for furnishings, fixtures, and equipment at the Padre Hotel
located at 1813 H Street. In addition, City Council approved an agreement with the Padre
Hotel. L.P. outlining the terms for the repayment of the Section 108 Loan. The loan was
approved and funded November 2009.
The initial loan made by HUD is placed in an interim financing group until the next available
public federal bond offering is made. Next month, the Department of Housing and Urban
Development plans a Public Offering to sell bonds and we have an opportunity to move the
existing interim loan into permanent financing and lock into a more attractive rate structure
with guaranteed interest rates over the life of the loan. These attractive rates range from .58
to 4.5 percent interest per year. This also provides a one time opportunity that allows public
agencies the opportunity to re-determine the amortization term of their interim debt up to 20
S:\Admins\City Council\City Council Admins 2010\padre amend 2.docx
5/26/2010 2:52 PM
ADMINISTRATIVE REPORT Page 2
years, The Padre Hotel has been fully operational for approximately 6 weeks and they are
able to make a principal payment of $100,000 towards the principal of the original $1,8 million
loan. However, this reduced payment will result in a cash flow shortage of approximately
$130,000 that is needed towards the original planned payment of $230,000 that is due August
1, 2010 to HUD for the interim financing. There are currently funds available in the CDBG
uncommitted account which were set aside as a reserve to handle any loan payment cash
flow issues or shortfalls and using $130,000 of these funds will not impact any current CDBG
projects or programs.
Staff has reviewed the current financials of the Padre Hotel and recommends that the City join
the upcoming HUD Bond Offering with a new amortization term of 12 years for remaining
balance of $1,7 million of this loan, In addition, the City will amend its loan with the Padre
Hotel to provide for monthly re-payments to better assist with financial monitoring. This more
conservative payment requirement reduces the annual payment for the hotel as well as the
risk to the city allowing the Padre Hotel a reasonable time to continue to develop and prosper
in downtown Bakersfield during these economically challenging times.
In order to qualify for HUD Section 108 financing, the Padre Hotel is required to create a
minimum of 158 full-time equivalent job positions, At least 51 % of all persons employed must
qualify as low to moderate income persons in accordance with HUD requirements at the time
of hire, To date, the Padre Hotel LIP, has employed approximately 200 persons.
Staff is recommending approval of Amendment No. 2 to Agreement No. 09-092 with the Padre
LP. to modify principle and interest payments to the HUD Section 108 loan and to extend the
repayment terms from seven years to twelve (12) years during the upcoming public offering,
S:\Admins\City Council\City Council Admins 2010\padre amend 2.docx
5/26/20102:52 PM
A
0~ U ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council AP VED
FROM: Raul M, Rojas, Public Works Director DEPARTMENT HEAD \W
DATE: May 25, 2010 CITY ATTORNEY
CITY MANAGER 41
SUBJECT: Contract Change Order No, 3 to Agreement No. 09-121 with Klassen
Corporation ($131,322,00, for a revised not to exceed amount of $6,701,019,00)
for the project known as Sports Village Phase I (Ward 6).
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for construction of eight soccer fields, restroom, concession
stand, parking lot, a portion of Fair Play Drive, Irrigation system, walkways and all infrastructure
for Phase 1 of the planned Sports Village,
This Change Order provides for the installation of the underground utility infrastructure for
electrical service, telephone service, and service from Brighthouse Networks on the Sports
Village Project site in accordance with service plans received from each of these utilities. These
plans were received after the project was under construction, The contractor has agreed to do
this work for the lump sum price of $131,322.
The net cost increase of Change Order No. 3 is $131,322, As a result of the $142,000 credit
realized on Change Order No. 1, the sum of the change orders to date on this project will reflect
a total cost decrease of $7,148.00 (which is a decrease of 0,11% of the original contract
amount) as illustrated below:
• Original Contract Amount = $6,708,167.00
• Amended Contract Agreement after Change Orders = $6,701,019.00
Net Decrease to date = 7,148.00)
RM (Construction)
May 25, 2010, 1:31PM
G:\GROUPDA'MDMINRPT\2010\06-09\CCO 3 Sports Village Phase I.doc
B ov
U ADMINISTRATIVE REPORT
F0
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 21- '
DATE: May 17, 2010 CITY ATTORNEY
CITY MANAGER_
SUBJECT: Accept bid and award contract to Wastewater Solids Management
Company ($59,380.00) to clean two digesters at Wastewater Treatment Plant
No. 2 (Ward 1).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of cleaning two digesters at Wastewater Treatment Plant #2.
This project is funded entirely with Sewer Enterprise Funds. The Engineers estimate for this contract
was $60,000.
On May 6, 2010, a total of two bids were received; all of those bids were acceptable. Those
acceptable bids are as follows:
Wastewater Solids Management Company
P.O. Box 826 in the amount of $59,380.00
Yerington, NV 89447
Reddi Services
3025 W. Weldon Avenue in the amount of $69,000.00
Phoenix, AZ 85017
Sufficient funds are budgeted to fund this agreement.
Is: ww
May 24, 2010, 2:03PM
G:\GROUPDAT\ADMINRPT\2010\06-09\Admin Rpt Award Agreement to Wastewater Solids Management.doc
A
ADMINISTRATIVE REPORT
!FO
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: t3.-W,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas - Public Works Director DEPARTMENT HEAD
DATE: May 25, 2010 CITY ATTORNEY
CITY MANAGER LT X.
SUBJECT: Accept bid and award contract to Kern Pacific Construction ($2,277,009.13) for
Sanitary Sewer and Street Improvements: Ashe Road from Taft Highway to
McCutchen Road (Ward 6).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The Wastewater Treatment Plant No. 3 Expansion project required improvements
to adjacent roadways near the Plant. The Sanitary Sewer and Street Improvement on Ashe Road
from Taft Highway to McCutchen Road project provides for the required roadway improvements.
This project will demolish the existing two lane roadway and construct the west half of Ashe Road
from Taft Highway to McCutchen Road to ultimate width. The northbound traffic will be moved
onto the west half of the roadway until future development constructs the east half of the
roadway. In addition, the project will extend a 36" sewer main from Taft Highway to just north of
McKee Road. There are sufficient funds budgeted to award this contract. The engineer's
estimate for this project was $2,875,000.
On May 12, 2010, five bids were received; all of those bids are acceptable. Those acceptable
bids are as follows:
Kern Pacific Construction
4001 Patton Way # 1
Bakersfield, Ca 93308 (City) In the amount of $2,277,009.13
Griffith Company
1128 Carrier Parkway Avenue
Bakersfield, Ca 93308 (County) In the amount of $2,546,361.00
Bowman Asphalt
3527 Brian Way
Bakersfield, Ca 93308 (County) In the amount of $2,697,066.52
C.A. Rasmussen
28548 Livingston Avenue
Valencia, Ca 91355 In the amount of $2,745,459.70
Granite Construction
585 W. Beach Street
Watsonville, Ca 95076 In the amount of $2,796,255.00
NF Design E8K102
May 27, 2010, 10:55AM
G:\GROUPDATWDMINRPT\2010\06-09\Admin Rpt Street Improv Ashe Road E8K102.doc
BAKE
O .orot4
ADMINISTRATIVE REPORT
['fur cd
10
MEETING DATE June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD 42(f
DATE: May 27, 2010 CITY ATTORNEY I/
CITY MANAGER /4
SUBJECT: Accept bid and award contract to JOSH General Engineering, Inc. in the amount
of $869,860.60 for the construction of Water Mainline Extensions and Tie-ins, at eight
(8) locations. (Wards 2, 4, 5, 6)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: Through recent hydraulic modeling of the City's water system, various water
mainline extensions and tie-ins were determined to be needed at several locations on the
system. These connections will eliminate multiple dead end water mains within crucial locations
of our service area, and create a looped system for improved pressure, flow, and system
reliability to our City of Bakersfield customers.
Funding for this project is available in the Water Resources Department's F/Y 2009-10 Capital
Improvement Budget.
Thirteen acceptable bids were received on May 14, 2010 for this project, as follows:
JOSH General Construction Inc.
648 Saratoga St
Fillmore, CA 93016 in the amount of: $ 869,860.66
Downing Construction Inc.
35078 Yucaipa Blvd.
Yucaipa, CA 92399 in the amount of $ 873,963.00
Pyramid Building & Engineering Inc.
14423 Main St., Suite # 4
Hesperia, CA 92345 ...........................................in the amount of: $ 903,166.12
o ~A■K R
ADMINISTRATIVE REPORT
r a*
c 1 0
Sandoval Construction & Excavation Inc.
4009 Bridgewater Way
Bakersfield, CA 93313 in the amount of: $ 947,848.29
Sierra Construction & Excavation Inc.
12502 Jomani Dr.
Bakersfield, CA 93312 in the amount of: $ 982,720.00
HIPS Mechanical Inc.
3100 East Belle Terrace
Bakersfield, CA 93307 in the amount of: $ 1,044,040.00
Kern Pacific Construction
4001 Patton Way, # 1
Bakersfield, CA 93308 in the amount of: $ 1,172,855.00
V Lopez & Son Inc.
200 East Fesler Street, # 101
Santa Maria, CA 93454 in the amount of: $ 1,214,247.00
Floyd Johnston Construction Co. Inc.
2301 Herdon
Clovis, CA 93611 in the amount of: $ 1,249,907.50
West Valley Construction Co. Inc.
580 McGilncy Lane
Campbell, CA 95008 in the amount of: $ 1,289,330.00
Vido Arttukovich & Son Inc. / Vidmar Inc.
11155 Rush Street
South El Monte, CA 91733 in the amount of: $ 1,493,950.00
Boris Construction Inc.
3201 Sturgis Road
Oxnard, CA 993030 in the amount of: $ 1,660,768.60
Arthurs Contracting Inc.
7730 Morro Road
Atascadero, CA 93422 in the amount of: $ 1,677,370.00
.r
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8. h h,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 28, 2010 CITY ATTORNEY
CITY MANAGER a
SUBJECT: Accept bid from Adamson Police Products in the amount of $60,941.29 for one
hundred twelve (112) American Body Armor ballistic vests for the Police
Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid.
BACKGROUND: Invitations to bid were sent to over three hundred (300) suppliers for ballistic
vests to be used by the Police Department. The bid specified custom fit American Body Armor
vests, a Bakersfield Police Department standard. All California dealers of American Body
Armor vests were invited to bid. One bid from Adamson Police Products, Los Alamitos,
California was received in the amount of $60,941.29. Adamson Police Products will provide
Factory certified personnel to perform the custom fitting services at the Bakersfield Police
Department. Staff finds the bid to be acceptable and recommends award of the bid in the
amount of $60,941.29.
The purchase of the American Body Armor ballistic vests will be funded by the State Law
Enforcement Services Funding (SLESF) grant.
Purchasing Division
S:\PURCHWDMIN\Admin 09-10\American Body Armor Vests for PD, 09-10-65, June 9, 2010.docar
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 27, 2010 CITY ATTORNEY hLol
CITY MANAGER"
SUBJECT: Accept bid and award contract to Pacific Building Care in the amount of
$43,372 for the Annual Contract for Janitorial Maintenance for City Hall North for
the Public Works Department. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for the Annual
Contract for Janitorial Maintenance for City Hall North. The contract is renewable annually for
four consecutive one-year periods at the City's option and upon mutually agreeable terms.
Five (5) complete bids and one (1) partial bid were received in response to solicitation as
follows:
-
Pacific ABM The , Ethio Julie
Building Janitorial Janitorial Janitorial Inc. Cleaning Rene's
Cleaning
Care Services Company Service Service
Annual Base $37,272 $29,288.24 $44,400 $48,120 $70,464 $66,783
Contract
Exterior Window
Washing- $4,100 $5,500 $1,200 No Bid $980 $5,500
Bi-Annually
Carpet cleaning- $2,000 $1,080 $7,400 $10,000 $4,800 $10,000
C Bi-ontract Annually
Total Annual $43,372 $45,868.24 F$53,000 $58,120 $76,244 $82,283
Amount
Staff finds the low bid from Pacific Building Care, Fresno, California to be acceptable and
recommends award of the contract in the amount of $43,372.
SAPURCHIADMINWdmin 09-101AC for Janitorial Maintenance for CHN, 09-10-63, June 9, 2010.docx
Created on 5/2712010 12:54 PM
A
J
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: 8. ' .
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD 46
DATE: May 26, 2010 CITY ATTORNEY Ae~
CITY MANAGER
SUBJECT: Accept bid and award annual contract to California Environmental Dewatering
in the amount of $119,724.50 for the Annual Contract for the Supply of
Polyaluminum Chloride (PAC) for the Public Works Department, Wastewater
Division Plant #3. (Ward 6)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Polyaluminum Chloride is used for the tertiary system at Wastewater Treatment
Plant #3. PAC is introduced in the beginning of the tertiary system, and it serves as
a coagulant to clump all the solids together for the backwash filter.
Invitations to Bid were sent to over four hundred (400) suppliers for the Annual Contract for the
supply of polyaluminum chloride. The contract award is for a one year period; renewable
annually for four consecutive one-year periods at the City's option and upon mutually
agreeable terms.
Three (3) bids were received in response to solicitation as follows:
BIDDER AMOUNT
California Environmental Dewatering $119,724.50
Camarillo, CA
Amber Chemical, Incorporated $123,684.29
Bakersfield, CA
Calpi, Incorporated $201,778.00
Bakersfield, CA
Staff finds the low bid submitted by California Environmental Dewatering, Camarillo, to be
acceptable and recommends award of the contract in the amount of $119,724.50.
Purchasing Division
SAPURCHIADMIMAdmin 09-10WC for Supply of Polyaluminum Chloride, 09-10-58, June 9, 2010.doc x
May 27, 2010, 12:51 PM
a
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: ,M,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_
DATE: May 27, 2010 CITY ATTORNEY
CITY MANAGER IttZAX
SUBJECT: Accept bid and award contract to Pestmaster Services, Incorporated in the
amount of $45,266 for the Annual Contract for Chemical Application for the
Water Resources and Recreation and Parks Departments. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to seventy seven (77) suppliers for the Annual
Contract for Chemical Application. The contract is renewable annually for four consecutive
one-year periods at the City's option and upon mutually agreeable terms.
Three (3) bids were received in response to solicitation and are as follows:
BIDDER AMOUNT
Pestmaster Services, Inc. $ 45,266
Bishop, CA
Abate-A-Weed, Inc. $ 45,840
Bakersfield, CA
DeAngelo Brothers, Inc. $114,940
Ontario, CA
Staff finds the low bid submitted by Pestmaster Services, Inc., Bishop, California, to be
acceptable and recommends award of the contract in the amount of $45,266.
Purchasing Division
S:IPURCHWDMINWdmin 09-10WC for Chemical Application, 09-10-60, Pestmaster Services, Inc, June 9, 2010.docx
May 27, 2010, 12:53PM
A
U ~y
ADMINISTRATIVE REPORT
sr
F
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: , I
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: May 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Grant of easement to P.G. & E for electrical service at Bakersfield Sports Village on Ashe
Road and Fairplay Drive. (Ward 6)
RECOMMENDATION: Staff recommends approval of grant of easement.
BACKGROUND:
The City is currently constructing soccer fields as part of the first phase of the Bakersfield Sports Village.
In order to provide electrical service to the new facility P.G.B E. has requested the City grant them an
easement. The Public Works Department has reviewed and recommends approval of their request.
May 26, 2010, 3:14PM
P:WAyFilesWdmin Reports\PGE @ Sports Village.doc
DMA/s
A
of C.4~R
ADMINISTRATIVE REPORT
cq T IL
1
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: pj,mrn.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /✓J
DATE: May 24, 2010 CITY ATTORNEY GIB(
CITY MANAGER
SUBJECT: Authorize the Finance Director to write off accounts receivable in various funds totaling
$152,284.86 and forward non bankrupt accounts to a collection agency for additional
collection efforts.
RECOMMENDATION: Staff recommends authorizing the Finance Director to write off accounts receivable
in various funds totaling $152,284.86 and forward non bankrupt accounts to a collection agency for
additional collection efforts.
BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due
accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection
efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection
agency (H.P. Sears) for further action. Historically 5-7% of City accounts forwarded to a collection agency
are eventually recovered.
Account detail is attached. The amount recommended is made up of the following account categories:
Commercial Sewer Service & Solid Waste (Refuse) $ 35,618.17
Residential Sewer Service & Solid Waste (Refuse) 3,134.47
Risk Management (Property Damage Claims) 29,995.51
Police (Alarm Violations & Misc. Activity) 17,420.00
Fire & Fire Safety (Environmental Services) 41,063.00
Other 25.053.71
TOTAL $152.284.86
The recommended write off amount is about .18% of total billing, or less than 1/4 of 1%. The private
sector uses 1-2% as an acceptable write off benchmark. Bankruptcy proceedings make up 34.290/0
($52,214.45), Judgments make up 2.94% ($4,481.56) and Bank Repossessions make up 1.94%
($2,956.65) of the write off amount. In the bankruptcy cases, claims have been filed with the court where
applicable. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law
from further collection efforts.
The collection process for invoiced accounts begins after an invoice is unpaid for 60 days with a computer
generated past due notice which continues every 30 days. Additionally, past due letters are sent and
phone contact is initiated at 90 days delinquent. Larger balances are given priority attention.
BAK
OFycovox,ha S
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar
ITEM: n n,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 27, 2010 CITY ATTORNEY V (i
CITY MANAGER
SUBJECT: Proposed Improvements to State Route 99:
1. Commit $250,000 Transportation Development Fund balance towards
preconstruction work needed for proposed improvements on State Route 99
from SR 119 to Ming Avenue and from SR 204 to Olive Drive in order to better
compete for $63 million of State Route 99 Bond funds (KernCog and County of
Kern also contributing funds towards preconstruction work).
2. Appropriate $250,000 Transportation Development Fund balance to the Public
Works Department's Capital Improvement Budget for preconstruction work
required for SR 99 proposed improvements.
RECOMMENDATION: Staff recommends approval of commitment and appropriation of
$250,000 for preconstruction work required for two segments of SR 99
in Kern County. Commitment of funds allows our region to be more
competitive in securing State Route 99 Bond Program funds.
BACKGROUND: The State Route 99 (SR 99) Bond Program has realized savings from it's projects
that may be appropriated by the State to additional projects that will widen SR99. Kern Council
of Governments is currently competing for the funding for two projects in Kern County. The two
project locations are State Route 99 from SR 119 to Ming Avenue (5 miles) and to the north from
SR 204"to Olive Drive (1 mile). Initial estimates for construction of both segments total $63 million.
Caltrans supports the financing of these two new widening projects with savings from the State
Route 99 bond program. However, In order to be competitive with other regions who also have
State Route 99 construction needs, Caltrans has requested that Kern COG sponsor some of the
preconstruction work with local and available regional funding resources. Preconstruction work
includes environmental, design, and some right-of-way acquisition. The estimated cost for this
preconstruction work is $3 million. Following is a breakdown of the required preconstruction work:
• SR 99 from SR 119 to Ming Avenue - Regional funding from KernCog will finance 100% of
the environmental work required for this southern portion of the widening project. This cost
is estimated at $1.6 million.
• SR 99 from SR 204 to Olive Drive - This northern part of the project is estimated to cost $1.4
million. Of that amount, approximately $900,000 of regional funding from KernCog is
June 1, 2010, 12:31PM
GAGR0UPDATIADMINRPT\Bridge Rehab Design.doc
ADMINISTRATIVE REPORT
available for this segment. Therefore, a shortfall of $500,000 exists for this segment. Staff
recommends that this funding gap be closed with the City and County sharing equally in
these costs. Therefore, the City's share will be $250,000 and the County's share will be
$250,000.
Staff recommends committing $250,000 of Transportation Development funds for the
preconstruction work required for these two segments on SR 99. By doing this, our region will be in
a better position to compete for limited state bond dollars dedicated to SR 99. If our region was
awarded state bond dollars for these two segments, $63 million will help our region's economy
and generate additional jobs.
June 1, 2010, 12:16PM
GAGROUPDATIADMINRPTSridge Rehab Design.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Consent Calendar Hearings
ITEM: q,0.
.
TO: Honorable Mayor and City Council APPROVED
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD
DATE: May 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing to consider an increase in the quantity rate for the City of Bakersfield
Domestic Water system. (Portions of Wards No. 2, 3, 4, 5 & 6)
1. Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes
Ranch service areas of City of Bakersfield Water System.
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: California state law under Proposition 218 requires that increases in existing fees
and charges be adopted by ordinance or resolution following a public hearing. A notice of public hearing
on a proposed increase in the quantity rate on the City of Bakersfield Domestic Water System was mailed
to each of the City's 40,074 customers and/or property owners that receive City water service. The mailing
occurred during the period March 19, 2010 to April 16, 2010. As of May 26, 2010, the Water Resources
Department and/or City Clerk have received 2 letters or phone calls protesting or commenting on the
fee increase.
The quantity rate is currently $0.88 per hundred cubic foot unit. The proposed rate will increase by $0.03
to $0.91 per unit on October 1, 2010. No adjustment to the readiness-to-serve charge is proposed. A
typical residential customer will see a total increase of $0.84 per month. Due to new water supply
programs, the cost of meeting water quality standards and the general inflation rate, overall expenditures
have increased 2.5%.
According to Proposition 218, if written protests against the proposed fee increase are presented by a
majority of the customers and/or property owners that are receiving water service from the City, the City
shall not charge the additional quantity rate. If written protests against the proposed increased fee and
charges are not presented by a majority of the customers and/or property owners that are receiving water
service from the City, the City Council may adopt the proposed fees and charges.
SA2010 ADMIN REPORTSWune9rateinc.doc
' B A
coveoX4 E s
U ~
ADMINISTRATIVE REPORT
LIF
MEETING DATE: June 9, 2010 AGENDA SECTION: Hearings
]ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 28, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing to consider resolution adopting proposed sewer rate increase (2.6%)
for Fiscal Year 2010-11 (All Wards).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Sewer user charges and fees are adopted annually pursuant to Section
14.12.380 of the Bakersfield Municipal Code to recover costs reasonably incurred in providing
regulation, operation, maintenance, replacement, and capital improvements for the storm
water/sewer collection systems and wastewater treatment plants. Staff proposes a 2.6% increase
in all sewer user charges. The increase reflects increased operations and depreciation costs
associated with the Plant 3 expansion project. The depreciation costs associated with Plant 3's
expansion will be phased in over multiple years to minimize the effect to the sewer users during
this current economic climate. It is important to note that the Plant 3 Expansion project not only
includes improvements to handle growth, the project also includes: 1) upgrade of Plant to meet
environmental regulations mandated by the State Water Resources Control Board, 2) new state
of the art odor control to prevent odors from migrating to surrounding neighbors, and 3)
extensive landscaping surrounding the Plant.
A modest new fee is recommended for Fiscal Year 2010-11. A septage hauler card replacement
fee of $10.00 is proposed to be added to the miscellaneous fees in Exhibit A. The septage haulers
will be issued cards to discharge septage and grease at Plant 3's automated septage receiving
station. Each permitted truck will receive a unique card. The replacement fee will cover the
costs associated with replacing the card.
If approved, the user rate for a single family dwelling will increase from $195 to $200 per year. For
Fiscal year 09/10, Bakersfield still has the lowest sewer user fees in the region. Attached to this
report is a chart illustrating Bakersfield's rates compared to other City's sewer user fees for Fiscal
Year 09/10.
Refer to attached Exhibits A and B to the resolution for miscellaneous sewer user charges and fee
details.
Sewer user fees and charges are collected with property taxes by the Kern County Tax Collector
pursuant to the Bakersfield Municipal Code.
G:\GROUPDAT\ADMINRPT\2010\06-09\Admin Rpt Sewer User Fee.doc
rp
A
~ J I
ADMINISTRATIVE REPORT
C4M,
1
MEETING DATE: June 9, 2010 AGENDA SECTION: Hearings
ITEM: q ,C-
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: May 12, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Consolidated Maintenance District (CMD).
1. Protest hearing as required by Resolution of Intention No. 1668 regarding the street
landscaping assessments for the CMD.
2. Resolution approving and adopting the Public Works Director's report for the CMD and
the 2010-2011 budget, confirming the street landscaping assessments and authorizing
collection of assessments by the Kern County Tax Collector. (All wards)
RECOMMENDATION Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1668 on May 19, 2010, preliminarily
adopting, confirming and approving the Public Works Director's Report and the 2010-2011 street
landscaping budgets for the CMD. This Resolution also set the protest hearing date for June 9, 2010.
Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield
Municipal Code in the manner required by law.
This hearing is to hear protests only on the following: the fairness of the benefit formula; the zone of benefit
including tier level; the amount of the street landscaping assessment on any parcel of property to be
assessed; and the reservation by the City of right to elect whether to proceed to perform work by City
forces or by private contractor.
This Resolution confirms the 2010-2011 CMD street landscaping assessments and authorizes collection of the
assessments by the Kern County Tax Collector.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park
Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue
for the maintenance of street and median landscaping and park maintenance within the CMD. All
parcels within the CMD are receiving benefit from public parks and street landscaping and are assessed
consistent with the assessment rates set by the Proposition 218 ballot signed at the time of formation of
each maintenance district, the Benefit Formula and those amounts set forth in Exhibit "A" of Resolution No.
019-05 for the CMD. Parcels in maintenance districts which were formed prior to Proposition 218 will remain
at their current level of assessment.
Resolution of Intention No. 1668 and its exhibits for the CMD including the Public Works Director's Report,
the 2010-2011 Budget, the Benefit Formula and the Assessment Roll are on file in the office of the City Clerk.
ps
GAGROUPDArADMINRPT\2010\06-09\Admin Res Est Street CMD 10-11.doc
AK
OFyrarro~r
ADMINISTRATIVE REPORT
10
MEETING DATE: June 9, 2010 AGENDA SECTION: Hearings
ITEM: q ,c,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~n
DATE: May 12, 2010 CITY ATTORNEY
(/1 V
SUBJECT: Consolidated Maintenance District (CMD). CITY MANAGER (,lit
1. Protest hearing as required by Resolution of Intention No. 1667 regarding the park
landscaping assessments for the CMD.
2. Resolution approving and adopting the Public Works Director's report for the CMD and
the 2010-2011 budget, confirming the park landscaping assessments and authorizing
collection of assessments by the Kern County Tax Collector. (All wards)
RECOMMENDATION Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1667 on May 19, 2010, preliminarily
adopting, confirming and approving the Public Works Director's Report and the 2010-2011 park
landscaping budgets for the CMD. This Resolution also set the protest hearing date for June 9, 2010.
Notice of the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield
Municipal Code in the manner required by law.
This hearing is to hear protests only on the following: the fairness of the benefit formula; the zone of benefit
including tier level; the amount of the street landscaping assessment on any parcel of property to be
assessed; and the reservation by the City of right to elect whether to proceed to perform work by City
forces or by private contractor.
This Resolution confirms the 2010-2011 CMD park landscaping assessments and authorizes collection of the
assessments by the Kern County Tax Collector.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park
Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue
for the maintenance of street and median landscaping and park maintenance within the CMD. All
parcels within the CMD are receiving benefit from public parks and street landscaping and are assessed
consistent with the assessment rates set by the Proposition 218 ballot signed at the time of formation of
each maintenance district, the Benefit Formula and those amounts set forth in Exhibit "A" of Resolution No.
019-05 for the CMD. Parcels in maintenance districts which were formed prior to Proposition 218 will remain
at their current level of assessment.
Resolution of Intention No. 1667 and its exhibits for the CMD including the Public Works Director's
Report, the 2010-2011 Budget, the Benefit Formula and the Assessment Roll are on file in the office of
the City Clerk.
GAGR0UPDAT\ADMINRPT\2010\06-09\Admin Res Est Park CMD 10-11.doc
A
ADMINISTRATIVE REPORT
10
MEETING DATE: June 9, 2010 AGENDA SECTION: Hearings
ITEM: cf e.
TO: Honorable Mayor and City Council APPROVED
r
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD J
e
DATE: May 12, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Traffic Signal Maintenance Districts.
1. Protest hearing as required by Resolution of Intention No. 1669 regarding the
assessments for eighteen (18) Traffic Signal Maintenance Districts.
2. Resolution approving and adopting the Public Works Director's report for
eighteen (18) Traffic Signal Maintenance Districts and the 2010-2011 budgets,
confirming the assessments and authorizing collection of assessments by the
Kern County Tax Collector. (All Wards)
RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1669 on May 19, 2010,
preliminarily adopting, confirming and approving the Public Works Director's Report and the
2010-2011 budgets for the Traffic Signal Maintenance Districts. This Resolution also set the protest
hearing date for June 9, 2010. Traffic signal assessment rates were not increased for the 2010-
2011 fiscal year. Notice of the protest hearing has been published in accordance with Chapter
13.04 of the Bakersfield Municipal Code in the manner required by law.
This hearing is to hear protests only on the following: the fairness of the benefit formula; the
amount of the assessment on any parcel of property to be assessed; and the reservation by the
City of right to elect whether to proceed to perform work by City forces or by private contractor.
This Resolution confirms the 2010-2011 Traffic Signal Maintenance District assessments and
authorizes collection of the assessments by the Kern County Tax Collector.
Resolution of Intention No. 1669 is on file in the City Clerk's office.
ps
G:\GROUPDAT\ADMINRPT\2010\06-09\Admin Res Est TS MD 10-11.doc
F, ADMINISTRATIVE REPORT
0sti;~` J
'Z `<ur G„oriliJip~~tl
MEETING DATE: June 09, 2010 AGENDA SECTION: Consent Hearing Calendar
ITEM: .-F,
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: May 28, 2010 CITY ATTORNEY V
CITY MANAGER
SUBJECT: Public Hearing to consider the proposed expenditure plan for the 2009-10 Supplemental
Law Enforcement Services Funding (S.L.E.S.F.) grant.
1. Appropriate $197,094.00 State Grant revenues to the Police Operating Budget
within the S.L.E.S.F. Fund.
RECOMMENDATION: Staff recommends approval of the proposed expenditures and appropriations.
BACKGROUND:
Since the passage of Assembly Bill (AB3229) Citizen's Option for Public Safety in FY1996-97, the City of
Bakersfield Police Department has received an annual sum from the State's Supplemental Law
Enforcement Services Fund (S.L.E.S.F.). The program was designed to provide State funds to local law
enforcement agencies for the purpose of addressing current front line law enforcement needs. For each
year the City receives monies from the S.L.E.S.F., the Chief of Police must submit written requests to the
City Council specifying the front line law enforcement needs and those personnel, equipment and
programs that are necessary to meet those needs; and the City must conduct a public hearing to consider
the requests. The allocation amount received this year is $197,094.00.
Per CA Government Code 30062, "moneys allocated from a Supplemental Law Enforcement Services
Fund (SLESF) to a recipient entity shall be expended exclusively to provide front line law enforcement
services. These moneys shall supplement existing services, and shall not be used to supplant any
existing funding for law enforcement services provided by that entity."
The Chief of Police hereby requests approval of the following budget* for 2009-10 SLESF moneys:
• Investigations Division Training $ 25,000
• Property Room Storage $ 40,000
• Operations / Patrol Over-Time $ 40,000
• Tagger Management Software $ 18,000
• Professionalism Training $ 10,000
• Crime Lab - DNA Testing $ 59,094
• Temporary Employees (Prop Room & 290s) $ 20.000
Total $197.094
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 09-10\ADMIN RPT - (06-09-10) 2009-11 SLESF HEARING.docx
5/24/2010 3:51 PM Page 1 of 2
ADMINISTRATIVE REPORT Page2
* The dollar amounts in the proposed budget above are estimates. Per CA Government Code 30061(e),
any S.L.E.S.F. moneys received in FY2009-10 must be expended or encumbered no later than June 30,
2011. "Any local agency that has not met this requirement shall remit unspent SLESF moneys to the
Controller for deposit into the General Fund." If department needs change or the amounts spent differ
from those proposed, the Police Department will expend or encumber the differences in accordance with
the guidelines governing SLESF moneys (CA Government Code 30061-30065).
\\citynas\homedirs\dbranson\BPD\ADMIN RPTSWDMIN RPTS FY 09-10\ADMIN RPT - (06-09-10) 2009-11 SLESF HEARING.dom
5/24/20103:51 PM
A
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Closed Session
ITEM: D.
0.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 141-
DATE: May 7, 2010 CITY ATTORNEY
CITY MANAGER- ATIdt
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
• City of Bakersfield v. Stuart Thomas, Inc., et al.
KCSC Case No. S-1500-CV-268922 NFT
VGAsc
S:\COUNCIL\CI Sess\Admins\09-10\6-9-10ExlstLit.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Closed Session
ITEM: p , b.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V,;-
DATE: June 1, 2010 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. (One matter)
VGAsc
SACOUNCIL101 SesslAdmins109-1016-9-10.PotLit.doe
A
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Closed Session
ITEM: , ~
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD -
DATE: June 2, 2010 CITY ATTORNEY 19~
CITY MANAGER 19
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
S:\COUNCIL\CI Sess\Admins\09-10\6-9-lOLaborNeg.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Reports
ITEM NO: 12,E
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: June 1, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution recommending selection of the "Blue" Alignment as the preferred
California High Speed Rail route through the City.
RECOMMENDATION:
Staff recommends approval of the resolution selecting the "Blue" Alignment as the preferred California
High Speed Rail route through the City of Bakersfield, and to forward this resolution to the California High
Speed Rail Authority for their consideration,
BACKGROUND:
At the City Council meeting of February 17, 2010, the Council requested that staff propose a way to
seek public input regarding a preference between two proposed high speed rail alignments through
the City. They directed that the Planning Commission conduct a public meeting to obtain this input.
On April 15, 2010 the Planning Commission held a public workshop, This workshop was advertised
through a press release to the local news media to reach the largest audience possible, URS, the
consultant working with the California High Speed Rail Authority, presented slides and had staff
available to answer questions. Approximately 30-40 people attended the workshop. However, the
Commission only received verbal testimony from nine (9) people and received three (3) letters, but all
were in support of the "Blue" alignment, Attached are copies of these letters and the Commission's
minutes. Since that meeting, staff has received letters from the Kern High School District and California
Department of Education concerning impacts to Bakersfield High School.
Based on the comments received and the Planning Commission's recommendation, the "Blue"
alignment, which generally parallels the existing BNSF Railway, was overwhelmingly supported as the
preferred route through the City.
June 1, 2010, 1.48PM
JGE: S: I Dana l ADMINS 120 101 June 16-9-High Speed Rall.doc
ADMINISTRATIVE REPORT page 2
High Speed Rail - Project Overview:
The proposed California high-speed train system will pass through more than 800 route miles and
provide intercity travel in California between the major metropolitan centers of Sacramento, the San
Francisco Bay Area, the Central Valley, Los Angeles/Orange County, the Inland Empire, and San Diego.
The system is envisioned as a state-of-the-art, electrically-powered, high-speed, steel-wheel-on-steel-rail
technology, including state-of-the-art safety, signaling, and automated train-control systems.
The high-speed train will be capable of operating speeds up to 220 mph and designed for an ultimate
speed of 250 mph on a fully grade-separated alignment with an expected trip time from San Francisco
to Los Angeles of two hours and forty minutes, or less. Interface with commercial airports, mass transit,
and the highway network is provided as part of the system. The current system ridership forecast is 102.4
million passengers and 340 trains by 2035.
The California high-speed train will operate primarily on exclusive track with portions of the route shared
with other passenger rail operations. Depending on the terrain and physical constraints encountered,
the route will be constructed mostly at-grade, but will also include below-grade trenches, tunnels, and
elevated guide ways. Extensive portions of the system will lie within or adjacent to existing rail or
highway rights-of-way (rather than new alignment) to reduce potential environmental impacts and
minimize land acquisition.
To help the general public know more about the overall high speed rail project, additional information
is available from the California High Speed Rail Authority's web site located at
htb://www,cahiahsl2eedrail ca gov, Because the Authority has not completed any environmental
reports, there is little information to share concerning potential environmental impacts. However, as
new information and studies become available, this web site will enable the public to follow the
Authority's progress and obtain more details as they move forward with the project.
High Speed Rail Through Bakersfield:
The high speed rail route through Bakersfield will bisect the city generally following an east-west to
north-south orientation paralleling the Burlington Northern Santa Fe Railway (BNSF). Coming from the
southeast, the rail traverses the Tehachapi Mountains from the Lancaster/Palmdale area. Within the
Bakersfield urban area, the route travels in an east-west direction through downtown, crosses the Kern
River, then begins a long deliberate swing north towards Fresno. To maintain train speeds, curves are
engineered with extremely large radii. The track will be elevated through the urbanized area
approximately 50-60 feet above grade.
In central Bakersfield, the High Speed Rail Authority has identified two proposed rail alignments
identified as "Blue" and "Red". These alignments split near Oswell Street. The "Blue" alignment continues
to parallel the south side of the BNSF Railway, while the "Red" alignment follows East California Avenue.
At the Convention Center, both alignments meet and cross each other. The "Red" alignment then
parallels the BNSF Railway on the north side while the "Blue" parallels the BNSF Railway on the south side.
These two alignments run parallel to each other approximately 800 feet apart before coming together
near Rosedale Highway, and then continuing north along the BNSF railway past 7m Standard Road.
Near Kratzmeyer Road the Authority has proposed a second split with the "Blue" alignment continuing to
parallel the BNSF Railway and another segment running towards the northeast called the "Wasco-
Shaffer Long Bypass" ("Bypass"). This segment would bypass both Shaffer and Wasco to the east before
June 1, 2010, 1:48pM
S: I Dana 1 ADMINS 12010 1 June 16-9-High Speed Rall.doc
ADMINISTRATIVE REPORT page 3
meeting again with the BNSF Railway north of Wasco. Within the Bakersfield city limits, this alignment
would divide the approved master-planned Rosedale Ranch mixed use project. Instead of following
the existing BNSF right-of-way, and impacts already being considered in the design of future
neighborhoods and through existing industrial properties, this bypass would go through the
development's planned town center and split residential areas, Its location significantly compromises
the development of this project.
The High Speed Rail Station is proposed within an area located south of the BNSF Railway, east of the
Convention Center and west of Union Avenue, Station details are only conceptual at this time and it
has not yet been determined if it will be elevated or at ground level under the tracks (though passenger
loading/unloading will occur at the elevated track level). The "Blue" alignment station would be closest
to the existing BNSF tracks; the "Red" alignment station would be closer to California Avenue.
The differences between the "Blue" and "Red" rail alignments are most pronounced east of Chester
Avenue. The "Red" alignment will affect a greater number of properties since it runs along the East
California Avenue corridor eventually moving north to the BNSF Railway by the Convention Center.
Unlike the "Blue" alignment that is buffered on one side by the BNSF Railway, the "Red" alignment has the
potential to impact significantly more businesses and homes along both sides of the track. The "Red"
alignment also goes directly through the new South Mill Creek residential project currently under
construction at R Street and 14th Street (north of California Avenue), which would result in removing
newly constructed buildings and relocating residents. As it proceeds west along the BNSF Railway,
sensitive uses include Mercy Hospital (adjacent to the proposed track) and Bakersfield High School's
campus to the south across the BNSF Railway). This alignment would require removal of the school's
Industrial Arts Building.
The "Blue" alignment in comparison affects fewer properties. By generally running parallel with the BNSF
Railway, affected properties are only adjacent to one side of the track. Because of its proposed
location next to existing rail operations, impacts already occur to homes and businesses from the
existing rail traffic along that corridor. The "Blue" alignment (and station) is also much closer to the
existing Amtrak Station, which is anticipated to provide rail connection for people coming in from
outlying communities to access high speed rail services. This alignment will not go through the new
South Mill Creek residential development, but to the north adjacent to the existing rail. As this alignment
continues west, it affects the same adjacent sensitive uses as the "Red" alignment, Mercy Hospital and
Bakersfield High School. However, in addition to requiring removal of the school's Industrial Arts Building,
it would only be 100-150 feet from the library, cafeteria, some classrooms, and Harvey Auditorium.
In regards to the two proposed station locations, the "Blue" station site provides direct pedestrian and
transit connectivity to the existing Amtrak station and the downtown businesses along Truxtun Avenue,
including the hotel and convention center area. Its location also provides opportunity for a second
main entry from California Avenue. Access can be provided from both Truxtun and California Avenues.
More accessibility has the potential to lessen traffic congestion, but also reduce conflicts between
private vehicles and transit services. Additionally, the potential for new mixed use development within
both the Truxtun Avenue and California Avenue areas are enhanced.
Although the "Red" station would have similar links to California Avenue, there Is less connectivity to the
north to the downtown area and hospitality businesses as they would be further away. This longer
distance would discourage pedestrian use to the north and increase reliance on using vehicles to
access those services. Development potential around the staiton exists though would be more focused
towards California Avenue.
June 1, 2010, 1:48PM
S: Oana I ADMINSI20101 June 16-9-High Speed Rall.doc
ADMINISTRATIVE REPORT page 4
Conclusion:
Staff recommends the "Blue" alignment as the best option. This alignment was also overwhelmingly
chosen as the preferred alignment by the commenting public and Planning Commissioners, It affects
fewer properties as they are already impacted by the existing BNSF railroad right-of-way and rail traffic
along that corridor, and will relocate fewer residents. Additionally, this alignment will not affect the
continued development of the South Mill Creek residential project, an important mixed use
development component that anchors the new Mill Creek corridor within the downtown area.
In the northwest, the "Blue" Alignment is preferred since it follows the existing BNSF Railway through
already impacted lands and planned industrial areas within the Rosedale Ranch mixed use project
area, The "bypass" option would negatively impact current efforts underway to develop Rosedale
Ranch consistent with the existing general plan and zoning entitlements as it would go through the
development's planned commercial town center and divide major residential areas.
Both alignments will impact Bakersfield High School (resulting in the removal of the Industrial Arts
Building) and Mercy Hospital, The High School has commented that the high speed rail may impact
their ability to maintain a safe and appropriate learning environment citing concerns regarding sound
levels, vibration, electrical and magnetic (EMF) impacts, historical buildings, and
displacements/relocation, These some concerns would also exist for Mercy Hospital.
The "Blue" station location provides much closer and easier connectivity to the existing Amtrak station
and downtown businesses along Truxtun Avenue, including the hotel and convention center area,
Transit, biking and pedestrian modes of transportation are more likely with this option due to proximity of
these other uses. This station location also offers the best opportunities for new mixed use development
along both Truxtun and California Avenues that the station will encourage. Furthermore, vehicular and
transit connections are enhanced with multiple access opportunities from both streets, which will
improve traffic circulation in and around the station.
June 1, 2010, 1:48PM
S: I Dana I ADMINS120101 June 16-9-High Speed Raff doc
A
ADMINISTRATIVE REPORT
[MEETING DATE: June 9, 2010 AGENDA SECTION: New Business
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ✓(f-
DATE: June 3, 2010 CITY ATTORNEY V
CITY MANAGER
SUBJECT: Pension Benefits - Alternates A and B:
1. Alternate A - Proposed ballot measure for November 2, 2010 Election:
a. Resolution ordering the submission to the qualified electors of the City of a
certain measure relating to pension benefits at the general election to be
held on Tuesday, November 2, 2010.
b. Draft Ordinance adding Chapter 2.85 to the Bakersfield Municipal Code
relating to pension benefits.
c. Draft measure language.
2. Alternate B:
a. Pursue pension and employee contribution changes through the collective
bargaining process. (Councilmember Carson)
RECOMMENDATION: Council determination.
BACKGROUND:
Alternate A
At the May 19, 2010 regular City Council meeting, City Council directed the City Attorney's Office
to prepare measure language for the November 2, 2010 General Election regarding pension
benefits for future sworn safety employees. Specifically, the City Attorney's office was asked to
draft ballot language that proposes to implement a pension plan for future safety employees
based on a 2% at age 50 formula and for future sworn safety employees to pay 100% of their
employee pension contribution.
In order to fulfill the direction of the City Council, the City Attorney's office drafted and has
attached the following documents:
• A Resolution submitting the proposed measure to the voters; and
• The draft ordinance; and
• The proposed measure language (combined Pension and EPMC); and
• A proposed calendar.
June 3, 2010, 1:08PM
SACOUNCILWdmins\09-10 Admins\NovBallotMeasures.doc
ADMINISTRATIVE REPORT
One purpose of tonight's discussion is to get clear direction from Council as to how the measure
and the implementing ordinance should be worded.
June 30, 2010 is the last City Council meeting that Council will have the opportunity to make a
motion to submit the measure for the November 2nd ballot. If such a motion Is passed, the ballot
measure and the implementing ordinance must be in exact form by the end of the City Council
meeting on June 30, 2010.
Alternate B
Subsequent to the May 19, 2010 City Council meeting, Councilmember Carson indicated that she
was requesting a separate agenda item in the form of an alternate proposal that would pursue
the pension and employee contribution issues through the collective bargaining process rather
than by election. She requested that the City Manager and City Attorney outline the pros and
cons of placing such a ballot measure(s) on the November ballot, and that such an analysis be
outlined in this Administrative Report. The analysis is as follows:
PROS:
➢ Obtains a decision by the taxpayers on a controversial and high cost issue.
➢ If passed by the voters, will not be subject to change by future City Councils.
➢ Gives voters an opportunity to express their desires concerning pension issues.
➢ A reduced pension benefit will save city taxpayers tens of millions of dollars in future
decades. The savings over the first five years is estimated at $1.5 million.
➢ Collective bargaining has been pursued to achieve pension reform for over two years
without success, and a successful ballot measure will achieve the Council's desired goal for
reform.
CONS:
➢ The decision is the responsibility of the City Council to make.
➢ Cost to the taxpayers of approximately $90,000 for the Ballot Measure, which could be used
to pay for additional services.
➢ Potential future legal fees to defend a challenge to the ballot measure and/or vote.
➢ Creates a multi-tier plan for pension benefits.
➢ Can potentially save as much money as the above alternate.
Councilmember Carson also requested information on the number of employees who either
currently, or in the future, will be impacted by a decision on this matter. The proposed ballot
measure is only for sworn emplovees hired on or after January 1 2011 so NO ONE CURRENTLY ON
STAFF WOULD BE IMPACTED The proposed 2010/2011 budget has 358 worn Police and 181 sworn
Fire personnel.
The City Council can deliberate both of these alternatives, and take action and/or give instruction
to staff.
VG:Isc
June 3, 2010, 1:08PM
S:\000NCILWdmins\09-10 Admins\NovBallotMeasures.doc
BA
U ADMINISTRATIVE REPORT
0
MEETING DATE: June 91 2010 AGENDA SECTION: Hearings
ITEM: I h , A ,
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: May 26, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 09-0263 (Stockdale Ranch)(Ward 4, upon
annexation)
McIntosh & Associates, representing Castle & Cooke California, Inc. and Bolthouse
Properties, LLC, the property owners, has applied for a General Plan Amendment,
Circulation Element Amendment, Western Rosedale Trails Plan Amendment, and
Zone Change on approximately 564± acres generally located south of Stockdale
Highway, north of the Cross Valley Canal, west of the City limits at Claudia Autumn
Drive, and east of the future extension of Nord Avenue.
1. Resolution making findings approving and certifying the Final Environmental
Impact Report (EIR) for General Plan Amendment/Zone Change No. 09-0263.
2. Resolution adopting the general plan amendment changing the Land Use
Element designations from ER (Estate Residential), UER (Urban Estate
Residential), GC (General Commercial), and SR (Suburban Residential) to LR
(Low Density Residential), HR (High Density Residential), LMR (Low Medium
Density Residential), HMR (High Medium Density Residential), GC (General
Commercial), OC (Office Commercial), OS-P (Parks and Recreation
Facilities), R-MP (Mineral Petroleum and Minimum 5-acre Parcel / Drill Site),
changing the Circulation Element, and changing the Western Rosedale Trails
Plan as depicted in Exhibit B attached to the resolution.
3. First reading of ordinance amending Title 17 of Municipal Code and official
Zoning Maps from A (Agriculture) to R-1 (One Family Dwelling), R-2 (Limited
Multiple Family Dwelling), R-3 (Multiple Family Dwelling), C-1 (Neighborhood
Commercial), C-2 (Regional Commercial), C-O/PCD (Administrative and
Professional Office/Planned Commercial Development), OS (Open Space),
and DI (Drilling Island) zones as depicted in Exhibit B attached to the
resolution.
RECOMMENDATION:
Staff recommends adoption of a resolution certifying the Final EIR, adoption of a resolution
approving the proposed general plan amendments to the land use, circulation, and trails plan,
and first reading of the ordinance.
ADMINISTRATIVE REPORT Page 2
BACKGROUND:
The City Council opened the public hearing for this item on May 5, 2010, continued the project to:
the meeting of May 19, 2010, and then continued again to the meeting of June 9, 2010. The
second continuance was to allow the Kern County Administrative Office time to review the
response by the applicant regarding their (county) public facilities impact fee request.
The project would allow for approximately 3,583 residential dwelling units on approximately
370.85 acres and a total of 941,700 square feet of general commercial and business park uses on
approximately 69.02 acres. Roughly 665,200 square feet of the business park is proposed for the
OC (Office Commercial) land use designation on 43.63 acres. Tenant spaces in the business park
would be flexible and would lend Itself to a variety of office uses. The remaining 25.39 acres
would consist of 276,500 square feet of general commercial uses. Approximately 20 acres of land
will be reserved for OS-P (Open Space - Parks). The Project also Includes the relocation of
collector and local roadways, and a multi-use trail alignment to parallel the south side of Claudia
Autumn Drive. An area located In the southeastern portion of the proposed Project site (with an
existing water pump station facility) is owned and operated by the Kern County Water Agency,
and is part of the Agency's Cross Valley Canal property. This area is not proposed for
amendment or zone change, but will be Included in the annexation.
The Circulation Element Amendment will result In the realignment of Heath Road between
Stockdale Highway and Claudia Autumn Drive, the deletion of Heath Road between Claudia
Autumn Drive and the south line of Section 4; the realignment of Wegis Road and continuation to
Claudia Autumn Drive, the deletion of Wegis Road between Claudia Autumn Drive and the south
line of Section 4; the amendment of Claudia Autumn Drive from a local to a collector south of
Stockdale Highway, the establishment of a specific plan line along Claudia Autumn Drive south
of Stockdale Highway; the deletion of Nord Avenue, as an arterial, between the proposed
Westside Parkway and south line of Section 4, the deletion of an unnamed collector road north-
south mid-sectlon line of Section 3 south of Stockdale Highway and east of Claudia Autumn
Drive; and the deletion of an unnamed collector north-south line in Section 3 south of Stockdale
Highway as depicted on Exhibit B. The bike route along Heath Road will also be re-aligned on
the Bikeway Master Plan that Is part of the Circulation Element for the Metropolitan Bakersfleld
General Plan.
The Project Includes an amendment to the Western Rosedale Trails Plan to create a combination
equestrian/multl-use trail to be located along the east side of Nord Avenue (south of Claudia
Autumn Drive), along the south side of Claudia Autumn Drive to Wegis Avenue, and along the
east side of Wegis Avenue to Stockdale Highway. The proposed trails will be Installed when
development occurs and will be dedicated to the City of Bakersfield and be maintained by the
City/NOR Recreation and Parks District.
The Project also Includes a zone change from A (Exclusive Agriculture) to R-1 (One Family
Dwelling), R-2 (Limited Multiple Family Dwelling; 1 unit/2,500 sq. ff.), R-3 (Limited Multiple Family
Dwelling; 1 unit/1,250 sq. ff.), C-1 (Neighborhood Commercial), C-2 (Regional Commercial), C-
O/PCD (Administrative and Professional Office/Planned Commercial Development), and DI
(Drilling Island) zones. These zone designations are consistent with the proposed Land Use
Amendment.
ADMINISTRATIVE REPORT Page 3
The California Environmental Quality Act (CEQA) requirements have been followed by staff and
the Planning Commission for the project. Staff conducted an initial study and it was determined
that the project could have a significant environmental effect. Therefore, in accordance with
CEQA, an EIR was prepared. The Planning Commission and staff conducted several hearings on
the EIR Including a public scoping meeting on August 13, 2009, an adequacy hearing to receive
comments on the Draft EIR on December 17, 2009, and a hearing on the Final EIR on March 18,
2010 and April 1, 2010. The Final EIR was recommended for certification by the Planning
Commission on April 1, 2010.
The Planning Commission conducted a public hearing on this general plan
amendment/circulation element amendment/Western Rosedale Trails Plan amendment/zone
change on April 1, 2010, and recommended approval to the City Council. At the March 18, 2010
Planning Commission hearing Mr. Gordon Nipp, representing the Sierra Club, opposed the
request. Mr. Nipp stated comments regarding air quality, farmland conversion, global warming
analysis, and traffic Impacts for this project. The responses to Mr. Nipp's comments have been
Included in the record.
Mitigation measures recommended as part of project approval address land use and relevant
planning; agriculture; public health and safety; aesthetics, light and glare; traffic and circulation;
noise; air quality, biological resources; cultural resources; public services and utilities; geologic
and seismic hazards; hydrology and water quality; and mineral resources; The Impacts to urban
decay were found to be less than significant and did not require mitigation measures. The
applicant agreed to all conditions and mitigation for the project.
Despite compliance with local ordinances, state laws, mitigation measures Incorporated Into the
project as conditions of approval, and construction In accordance with the uniform building
codes, cumulative traffic/circulation and noise Impacts would remain significant. Staff and the
Planning Commission recommend certification of the Final EIR and accompanying mitigation
monitoring and reporting program, the adoption of CEQA findings, and a statement of overriding
considerations pursuant to State CEQA Guidelines Sections 15091 and 15093.
JS:\\S:\GPAs\GPA 3rd 2009\09-0263 (New Stockdale Ranch EIR)\Staff Reports\Admin FEIR 1st reading-June 9.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2010 AGENDA SECTION: Hearings
ITEM: 15 b
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: June 2, 2010 CITY ATTORNEY
CITY MANAGER
SUBJECT: Fiscal Year 2010-2011 Proposed Budget
1. Department Budget Presentations
a. Recreation and Parks
b. Public Works
c. Police
d. Development Services
e. Fire
2. Public Hearing for the Fiscal Year 2010-2011 Operating, Bakersfield
Redevelopment Agency and Capital Improvement Program Budgets
RECOMMENDATION:
Staff recommends Council hear the presentations and public testimony.
BACKGROUND:
Item # 1: The Recreation and Parks, Public Works, Police, Development Services, and Fire
Departments will provide a detailed overview of their FY 2010-11 proposed operating budgets. The
budget overview will include discussion regarding the goals, accomplishments, and significant
budget changes for the respective departments.
Item # 2: Each year, a public hearing is required to receive public comment prior to adoption of
the budget. The FY 2010-11 Budget is proposed at $412,396,566, which is comprised of a
$339,873,791 Operating Budget, $18,486,190 Bakersfield Redevelopment Agency Budget and a
$54,036,585 Capital Improvement Budget. Final adoption of the budget is scheduled for June 30,
2010.
JWS:mm:al
S:\ 10-11 BUDPRO\Budget Presentations\Admin Reports\Budget Presentations and Hearing -Operating, RDA, App Limit
06.9. 1 O.docx
Olt
-0 BAKERSFIELD CITY COUNCIL
d MINUTES
OF*
L~ MEETING OF May 19, 2010
`ILIFO
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
Absent: Councilmember Sullivan
2. INVOCATION by Chaplin Kerry Bulls, Bakersfield Heart
Hospital Chapel.
3. PLEDGE OF ALLEGIANCE by Bryce Bolender,
Kindergarten student at Lakeside Elementary.
City Clerk Gafford announced staff has requested that
Reports Item l l .a. be moved to the end of the Agenda, to
be heard prior to Adjournment; and Closed Session items
15.a.1. and 2. be removed from the Agenda.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to
Jay Rosenlieb, Vice President, Bakersfield Sports
Foundation, declaring May 20, 2010 Amgen
Tour Day.
Mayor Hall announced he would hold the
presentation for the Amgen Tour in the event a
representative makes an appearance and work it in
at a later moment on the Agenda.
b. Presentation by Mayor Hall of a Proclamation to
Jennifer Cantelmi-Baker, Owner, Little White
Dress, and Tina Cantelmi, property owner,
honoring their beautification efforts in
downtown Bakersfield.
Tina Cantelmi accepted the Proclamation and made
comments.
Bakersfield, California, May 19, 2010 - Page 2
5. PUBLIC STATEMENTS ACTION TAKEN
a. Marvin Dean spoke regarding Consent
Calendar items 8.m., n. and o.
b. LaQuette Milner, Director of LQ's Performing
Arts Center, asked for support for a production
of "Da' Hip-Hop Wizzard of Oz", and provided
written material.
C. Stefan Lambert, representing the Bakersfield
Community Services, spoke regarding Phase
Two of Who is Sensitive Enough, and asked for
support of a City Sensitivity Committee.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 5, 2010 Regular
City Council Meeting.
Payments:
b. Approval of department payments from ABS WEIR, COUCH
April 23, 2010 to May 6, 2010 in the amount of
$13,139,428.63 and self-insurance payments
from April 23, 2010 to May 6,2010 in the amount
of $609,797.31.
Ordinances:
C. First Reading of Ordinance amending Section FR
2.28.090 of the Municipal Code relating to
Board of Zoning Adjustment Membership.
d. Adoption of Ordinance amending Municipal ORD 4619
Code Section 1. 12,040 by adding Annexation
No. 611 consisting of 6.72 acres located on the
north side of Rosedale Highway, east of Jenkins
Road and Annexation No. 614 consisting of
34.64 acres located at the northeast corner of
Jenkins Road and Rosedale Highway to Ward 4.
(FR 05105110)
Bakersfield, California, May 19, 2010 - Page 3
8. CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
e. Amendment No. 3 to Resolution No. 140-08 RES 140-08(3)
approving Memorandum of Understanding for
Employees of the Blue and White Collar Units
and adopting salary schedule and related
benefits.
f. Resolution confirming approval by the Assistant RES 056-10
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.
g. Resolutions adding territory to the Consolidated
Maintenance District, confirming the
assessments, approving the Public Works
Director's Reports and authorizing collection of
assessments by the Kern County Tax Collector
for the following:
1. Area 2-44 (6320 District Boulevard) RES 057-10
2. Area 4-95 (1818 Dracena Street) RES 058-10
3. Area 5-59 (2424 Cottonwood Road) RES 059-10
h. Resolution of Intention No. 1666 to order the REMOVED FOR
vacation of the 40' pedestrian easement SEPARATE
located at the south end of Morocco Court as CONSIDERATION
dedicated on the Final Map for Tract 4624.
I. Resolution of Intention No. 1667 preliminarily ROI 1667
adopting, confirming and approving the
Public Works Director's Report for the
consolidated Maintenance District (CMD) and
its 2010-2011 budget, setting time and place for
hearing protests on the amount of park
landscaping assessments to be levied
throughout the CMD.
Bakersfield, California, May 19, 2010 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
j. Resolution of Intention No. 1668 preliminarily ROI 1668
adopting, confirming and approving the
Public Works Director's Report for the
Consolidated Maintenance District (CMD) and
its 2010-2011 budget, setting time and place for
hearing protests on the amount of street and
median landscaping assessments to be levied
throughout the CMD.
k. Resolution of Intention No. 1669 preliminarily ROI 1669
adopting, confirming and approving the
Public Works Director's Report for the Traffic
Signal Maintenance District (TSMD) and its
2010-2011 budget, setting time and place for
hearing protests on the amount of traffic signal
assessments to be levied throughout the TSMD.
Agreements:
1. Amendment No. 3 to Agreement No. 05-008 AGR 05-008(3)
with Kennedy/Jenks Consultants ($170,000;
revised not to exceed $507,900) to prepare final
design engineering and bid package for the
Stine Road Finish Water Pipeline Project related
to the South Bakersfield Water Treatment Plant.
M. Contract Change Order Nos. 15 - 19 to AGR 09-031
Agreement No. 09-031 with Elite Landscaping 00015, 00016,
($29,820.55; revised not to exceed 3,573,770.69) CCO17, CCO18,
for the Mill Creek Linear Park Phases 2, 4, 5A CCO19
and 5B Project. ABS COUCH
n. Contract Change Order Nos. 2 and 3 to AGR 09-076
Agreement No. 09-076 with Security Paving Co., CCO2, CCO3
Inc. ($791,760.15; revised not to exceed
$77,952,635.22) for construction of Westside
Parkway Phase 11 Project. (TRIP)
Bakersfield, California, May 19, 2010 - Page 5
8. CONSENT CALENDAR continued ACTION TAKEN
o. Wastewater Treatment Plant No. 3 - 2007
Expansion Project:
1. Contract Change Order No. 12 to AGR 07-302
Agreement No. 07-302 with Kiewit Pacific 00012
Corp. ($310,871; revised not to exceed
$219,022,320) for project.
2. Transfer $285,725 contingency
established for the Wastewater
Treatment Plant No. 3 Expansion Project
to the Public Works Department Capital
Improvement Budget.
3. Appropriate $25,146 Sewer Enterprise
Fund Balance (Wastewater Treatment
Plant No. 3) to the Public Works
Department Capital Improvement
Budget.
Bids:
P. Accept bid and award annual contract to AGR 10-062
Burtch Construction (not to exceed $652,750) to
provide and apply asphalt rejuvenator and
sealant.
AGR 10-063
q. Accept bid and award annual contract to
Pavement Recycling Systems, Inc. (not to
exceed $146,000) for cold planing.
City Clerk Gafford announced correspondence was
received from Grace Onsurez in opposition to item 8.h.
Councilmember Weir announced he would abstain
due to conflict of interest, source of income, on item
8.b.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income
to himself and his employer, on items 8.b. and 8.m.
At the request of Councilmember Hanson, Assistant
Public Works Director Underwood provided
clarification regarding items 8.m., n. and o.
Councilmember Weir requested item 8.h. be removed
for separate consideration.
Bakersfield, California, May 19, 2010 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Motion by Vice-Mayor Scrivner to adopt Consent APPROVED
Calendar items 8.a, through 8q. with separate AB SULLIVAN
consideration of item &h.
h. Resolution of Intention No. 1666 to order the
vacation of the 40' pedestrian easement
located at the south end of Morocco Court as
dedicated on the Final Map for Tract 4624.
Motion by Councilmember Weir to continue item 8.h. APPROVED
to the next Council meeting. AB SULLIVAN
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
10. HEARINGS
a. General Plan Amendment/Zone Change
No. 09-0263 (Stockdale Ranch); McIntosh &
Associates, representing Castle & Cooke CA,
Inc. and Bolthouse Properties (property owners)
has applied for amendments to the General
Plan, Circulation Element and Western
Rosedale Trails Plan and zone change on
approximately 564± acres located south of
Stockdale Hwy, north of Cross Valley Canal,
west of City limits at Claudia Autumn Dr. and
east of the future extension of Nord Ave.
(Hearing opened and continued at 05105110
meeting.)
1. Resolution making findings approving
and certifying the Final Environmental
Impact Report (EIR) for GPA/ZC
No. 09-0263.
Bakersfield, California, May 19, 2010 - Page 7
10. HEARINGS continued ACTION TAKEN
2. Resolution adopting the general plan
amendment changing the land use
designations from ER (Estate Residential),
UER (Urban Estate Residential), GC
(General Commercial) and SR (Suburban
Residential to LR (Low Density
Residential), HR (High Density
Residential), LMR (Low Medium
Residential), HMR (High Medium Density
Residential), GC (General Commercial),
OC (Office Commercial), OS-P (Parks
and Recreation Facilities) and R-MP
(Mineral Petroleum and Minimum 5-acre
Parcel/Drill Site), changing the
Circulation Element and the Western
Rosedale Trails Plan.
3. First Reading of Ordinance amending
Title 17 of the Municipal Code and
Zoning Maps by changing the zoning
from A (Agriculture) to R-1 (One Family
Dwelling), R-2 (Limited Multiple Family
Dwelling), R-3 (Multiple Family Dwelling),
C-1 (Neighborhood Commercial), C-2
(Regional Commercial), C-O/PCD
(Administrative and Professional
Office/Planned Commercial
Development, OS (Open Space) and DI
(Drilling Island),
City Clerk Gafford announced this hearing was
opened and continued at the May 5th Council
meeting; correspondence was received from
California Department of Conservation and Kern
County Administrative Office; also received was a
response from the applicant and applicant's project
consultant, and staff is recommending that statements
be received this evening and that the hearing remain
open and continued to the next Council meeting,
which is June 9th.
Planning Director Eggert made staff comments.
Hearing opened at 5:46 p.m.
Bakersfield, California, May 19, 2010 - Page 8
10. HEARINGS continued ACTION TAKEN
Marvin Dean; Gordon Nipp, representing the Sierra
Club, asked to defer his testimony; and Charlotte
Brock spoke in opposition to the staff
recommendation.
Scott Thayer, with Castle and Cook; Rogert McIntosh,
with McIntosh and Associates, submitted written
material; Chris Lightburn, with Development Planning
and Financing Group, Inc., submitted written material;
and Mary Jane Wilson, with WZI, made a Powerpoint
presentation, and spoke in support of the staff
recommendation.
Bob Kunz; Gordon Nipp, asked for a copy of new
information presented; and Marvin Dean spoke in
rebuttal opposition to the staff recommendation.
Scott Thayer spoke in rebuttal support of the staff
recommendation.
Councilmember Couch asked staff to provide Mr. Nipp
with a copy of the presentation and materials
submitted this evening. APPROVED
AB CARSON,
Motion by Councilmember Couch to keep the Hearing SULLIVAN
open and continue to the June 9m Council meeting.
11. REPORTS MOVED TO THE
a. Department Budget Presentations; END OF THE AGENDA
1. General Government
2. Finance Department
3. City Attorney
4. Water Resources
5. Economic/Community Development
b. Rabobank Arena
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
Bakersfield, California, May 19, 2010 - Page 9
14. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
Vice-Mayor Scrivner asked staff to look into how the
County is coming up with the fees regarding the
Stockdale Ranch development project and report
back to the Council, then perhaps have a joint
meeting with the County to discuss it.
In response to a question from Councilmember
Hanson, City Attorney Gennaro advised that her staff
is handling the issue regarding the location of the
trustee sales and hope to have it resolved in the near
future.
Councilmember Hanson asked staff to respond to
correspondence from John Nilon regarding closure of
the landfill.
Mayor Hall recognized students from California State
University, Bakersfield's Public Affairs class and the
Ridgeview High School Government class in
attendance at the meeting to learn about City
government.
Mayor Hall announced he had planned to give
recognition to the AMGEN Tour Committee
representatives, but they were unable to make the
meeting, so he wanted to acknowledge the
conclusion of the 121-mile Amgen bike race as it
enters Kern County and finishes at Bakersfield College
tomorrow, and encouraged everyone to attend;
and he expressed his appreciation to those in the
community that contributed toward making this a
successful event.
15. 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. City v. Wanamaker, et al. - KCSC Case DELETED
No. S-1500-CV-264881 SPC
2. City v. Big West of California, etc., et al. - DELETED
KCSC Case No. S-1500-CV-260449 WDP
3. Bakersfield Redevelopment Agency v.
Whitlock Property, LLC, et al. - KCSC
Case No. S-1500-CV-265174 SPC
Bakersfield, California, May 19, 2010 - Page 10
15. CLOSED SESSION continued ACTION TAKEN
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One matter)
C. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
City Clerk Gafford announced staff has indicated
items 15.a.1, and 2. have been removed from the
Agenda.
Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED
Session at 6:31 p.m. AB CARSON, SULLIVAN
Motion by Councilmember Weir to adjourn from APPROVED
Closed Session at 7.40 p.m. AB CARSON, SULLIVAN
RECONVENED MEETING AT 7:53 p.m.
16. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 for the following cases:
3. Bakersfield Redevelopment Agency v. NO REPORTABLE
Whitlock Property, LLC, et al. - KCSC ACTION
Case No. S-1500-CV-265174 SPC
b. Conference with Legal Counsel - Potential CITY ATTORNEY WAS
Litigation; Closed Session pursuant to DIRECTED TO PREPARE
subdivision (b)(1)(3)(A) of Government Code PENSION BALLOT
Section 54956.9. (One matter) MEASURE LANGUAGE
FOR DISCUSSION IN
OPEN SESSION AT NEXT
COUNCIL MEETING
C. Conference with Labor Negotiator pursuant to LABOR NEGOTIATOR
Government Code Section 54957.6. GIVEN DIRECTION
Bakersfield, California, May 19, 2010 - Page 11
11. REPORTS ACTION TAKEN
a. Department Budget Presentations:
1. General Government
Management Assistant Kirkwood made staff
comments and provided a slide presentation.
2. Finance Department
Finance Director Smith made staff comments
and provided a slide presentation.
Councilmember Hanson requested staff provide
the number of cars driven by the Police
Department for issuing parking violations.
3. City Attorney
City Attorney Gennaro made staff comments
and provided a slide presentation.
4. Water Resources
Water Resources Manager Chianello made
staff comments and provided a slide
presentation.
5, Economic/Community Development
Economic Development Director Kunz made
staff comments and provided a slide
presentation.
b. Rabobank Arena
General Manager Womack made staff
comments and provided a slide presentation.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:57 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield