HomeMy WebLinkAbout02/16/11_ CC_ AGENDA_ PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF FEBRUARY 16, 2011
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Minister Gurujoda S. Khalsa, Guru Ram Das Gudwara.
3. PLEDGE OF ALLEGIANCE by Hannah Judd, 4m grade student at Ronald Reagan Elementary
School,
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Certificate of Appreciation to Dena Smith
acknowledging her selection as the Yard of the Quarter recipient.
b. Presentation by Mayor Hall of a Proclamation to a representative of the Military
Order of the Purple Heart, declaring February 19, 2011, Bakersfield Military Ball Day in
the City,
(30 min)
5. PUBLIC STATEMENTS
6. WORKSHOPS
a, Review of retiree medical liabilities and annual valuation report.
7. APPOINTMENTS
8. CONSENT CALENDAR
Minutes:
a, Approval of minutes of the February 2, 2011 Regular City Council Meeting.
Payments:
b. Approval of department payments from January 21, 2011 to February 3, 2011 in
the amount of $13,239,173.28 and self-insurance payments from January 21, 2011 to
February 3, 2011 in the amount of $94,725.58.
Ordinances:
C. First Reading of Ordinance amending Section 17.10.040 of the Municipal Code (R-1
One-Family Dwelling Zone) reducing the front yard from 25 feet to 20 feet, and,
Section 17.61,032 13.6. (Landscape Standards) adding language related to
landscaping along slopes.
Resolutions:
d. Resolution authorizing the transfer of unclaimed money ($66,576.59) from the Escheat
Trust Account to the General Fund.
8. CONSENT CALENDAR continued
(Ward 3,6,7) e. Resolution amending the official list of designated speed zones, pursuant to Section
22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal
Code,
Resolution confirming approval by the City Manager designee 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 the demolishment of dangerous buildings and
authorize collection of the assessments by the Kern County Tax Collector.
Agreements:
(Ward 4) g. Final Tract Map and Improvement Agreement with Summit Venture Capital, LLC.
(owner) and John Balfanz Homes, Inc. (developer) fro Tract 6364 Phase 5 located
west of Allen Road and north of Reina Road.
(Ward 6) h. Joint Use and Utility Agreement with Pacific Gas and Electric Co. ($24,763) for utility
pole relocations on McCutchen Road between Gosford Road and Ashe Road.
(Ward 5,6) i. Settlement and Mutual Release Agreement with Arch Insurance Co. ($105,000.53) to
facilitate completion of Pavement Rehabilitation 2009 Phase 2 Ashe Road: White
Lane to Ming Avenue Project.
(Ward 4) j. Amendment No. 4 to Agreement No. WR06-035 with Live Oaks Associates, Inc.
($25,600; revised not to exceed $70,885) to conduct years six and seven of Buena
Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge Area located
in the City's 2800 Acre Facility.
k. Amendment No. 1 to Agreement No, 10-058 with Gilliam & Sons, Inc. ($525,000;
revised not to exceed $910,452) for earthmoving and hauling.
(Ward 3) I. Amendment No, 1 to Agreement No. 10-150 with Quad Knopf, Inc. ($24,746.50;
revised not to exceed $74,596.50) for additional environmental services and site
monitoring during construction of the Kern River Upland and River Edge Restoration
Project.
(Ward 3) M. Amendment No. 3 to Agreement No. 06-173 with Columbus Haven, LP (not to
exceed $2,181,630.59 ($255,000 - Community Housing Development Organization
funds and $1,245,000 - Home Investment Partnership funds)) for eligible construction
costs of 56 affordable multi-family and emancipated foster youth units located at
500 W. Columbus Avenue.
(Ward 4) n. Amendment No. 1 to Agreement No. 07-222 with HNTB Corp, ($957,057; revised not
to exceed $4,345,557) for engineering design services for the Rosedale Highway
Widening Project,
2 City Council Meeting of 02/16/2011
8. CONSENT CALENDAR continued
Bids:
o. Riding Mulching Lawn Mowers for Recreation & Parks Department:
Accept bid from Kern River Power Equipment, Inc. ($77,335.97 ($51,081.01 for
four replacement 60" lawn mowers - $26,254.96 for two additional 72" lawn
mowers)).
2. Appropriate $51,081 Equipment Management Fund Balance to the
Equipment Division Operating Budget for the replacement of four 60" lawn
mowers and appropriate $26,255 Capital Outlay Fund Balance to the
Equipment Division Capital Budget for the purchase of two additional 72"
lawn mowers.
Miscellaneous:
P. Acceptance of Audit Reports for Fiscal Year ended June 30, 2010:
1. Comprehensive Annual Financial Report (CAFR).
2. Agreed Upon Conditions Report.
3. Single Audit Report - Schedule of Federal Expenditures for the City.
4. Independent Auditor's Report - Compliance with Contractual Requirements
relative to the Bakersfield Subregional Wastewater Management Plan.
5. Independent Auditor's Report on Appropriations Limit Worksheet (GANN Limit)
of the City.
6. Independent Auditor's Report - Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre.
(Ward 2) q. Grant of Easement to California Water Service Co. for a pipeline at 500 19th Street
(Central Park).
(Ward 1,2,7) r. Department of Housing and Urban Development (HUD) Action Plan Amendment No.
4 (FY 10/11) and Consolidated Plan 2010 Substantial Amendment for Neighborhood
Stabilization Program funds.
Staff recommends adoption of Consent Calendar items 8.a, through 8.r.
9. CONSENT CALENDAR PUBLIC HEARINGS
(Ward 2) a. Public Hearing to consider Resolution ordering the vacation of 13thStreet from the
east right-of-way of P Street to the east right-of-way of the Kern Island Canal; Q
Street from the north right-of-way of California Avenue to the south right-of-way of
13th Street, and the east/west alley located in Block 387. (Staff recommends adoption
of resolution.)
(Ward 4,6)' b. Public Hearing to consider Resolution to alter Agricultural Preserve No. 1 to include
19.55 acres located north of Engle Road and west of Stine Road and 237.27 acres
located north of Kratzmeyer Road and west of Santa Fe Way. (Staff recommends
adoption of resolution.)
3 City Council Meeting of 02/16/2011
9. CONSENT CALENDAR PUBLIC HEARINGS continued
(Ward 2) c. Public Hearing to consider Resolution approving the provision of assistance by the
Bakersfield Redevelopment Agency in accordance with Health and Safety Code
Section 33445 for the installation of public improvements to the Rabobank Arena
and Convention Center and the 18th and Eye Street Parking Structure. (Staff
recommends adoption of resolution.)
(Ward 3) d. General Plan Amendment/Zone Change No. 10-0479; Hendrick Engineering,
representing Mesa Marin, LLC (property owner) has applied for a general plan
amendment and zone change on 19.45 acres generally located along the north
side of Kern Canyon Road (State Highway 184) approximately 2,000 feet southwest
of the intersection of Kern Canyon Road and State Highway 184. (Staff recommends
adoption of ordinance and give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general
plan amendment changing the land use designation from LR (Low Density
Residential) to HMR (High Medium Density Residential) on 19.45 acres.
2. First Reading of Ordinance approving the Negative Declaration and
amending the Official Zoning Map in Title 17 of the Municipal Code from R-1
(One Family Dwelling) to R-2/PUD (Limited Multiple Family Dwelling/Planned
Unit Development) on 19.45 acres.
(Ward 7) e. General Plan Amendment/Zone Change No. 10-0488; Scott Underhill, representing
Wible Investors 11, LLC, et al (property owner) has applied for a general plan
amendment and zone change on approximately 18 acres generally located north
of Taff Highway (State Route 119) and west of Wibie Road. (Staff recommends
adoption of ordinance and give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general
plan amendment changing the land use designation from LR (Low Density
Residential) to LMR (Low Medium Density Residential) on approximately 8
acres, OC (Office Commercial) on approximately 6 acres and GC (General
Commercial) on approximately 4 acres.
2. First Reading of Ordinance approving the Negative Declaration and
amending the Official Zoning Map in Title 17 of the Municipal Code from R-1
(Single Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 7.81 acres,
C-O (Professional and Administration Office) on 5.89 acres and C-2 (Regional
Commercial) on 3.64 acres.
10. DEFERRED BUSINESS
(Ward 2) a. Resolution of Intention No. 1681 to order the vacation of 27thStreet between the east
right-of-way of Chester Avenue and the west right-of-way of K Street and a portion
of the north south alley between 28th Street and 26th Street.
Staff recommends adoption of Resolution of Intention.
11. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
RECESS TO CLOSED SESSION
4 City Council Meeting of 02/16/2011
12. CLOSED SESSION ACTION
13. HEARINGS
14. REPORTS
a. Mid-Year Budget Adjustments:
Appropriate $750,000 Federal (FEMA) disaster recovery revenue; appropriate
$187,500 State (Cal-EMA) disaster recovery revenue; and, appropriate
$462,500 City Fund Balance to various funds and departments to fund
unanticipated emergency response costs and related repair work necessary
due to the Winter Storm December 2010 event (estimate costs of event total
$1,400,000).
2. Appropriate $1,000,000 PG&E Rebate revenue and $1,600,000 Wastewater
Fund Balance to the Public Works Operating Budgets within the Wastewater
Funds (Plants 2 & 3) to cover increased plant operating costs.
3. Appropriate $160,000 Federal Grant Revenue and $74,750 General Fund
Balance to the Fire Department Operating Budget within the General Fund to
reconcile staffing reduction actions taken earlier In the fiscal year.
4. Transfer $10,656 from Assessment District No. 05-3 (Liberty II/Village Green/
Tesoro-Encanto/Lin/Rider/Diamond Ridge) to Assessment District No. 05-1 (City
in the Hills) to correct a revenue coding error made in a prior fiscal year.
Staff recommends approval of appropriations and transfer.
15. NEW BUSINESS
Redevelopment agenda items (New Business 15.a. through 15.f). (Donna Kunz Economic
Development Director)
(Ward 2) a. Mill Creek Sister City Gardens Phases I & II and Mill Creek Plaza Mill House:
1. Resolution authorizing execution of Agreement with Bakersfield
Redevelopment Agency for repayment of costs incurred by the City
associated with certain Agency funded Capital Improvements (Old Town
Kern- Pioneer Redevelopment Project Area).
2. Agreement with Bakersfield Redevelopment Agency ($1,474,451) (Old Town
Kern-Pioneer Redevelopment Project Area).
3. Appropriate $530,000 Old Town Kern Redevelopment Fund Balance to the
Capital Improvement Budget within the Old Town Kern Redevelopment
Operating Fund for the Mill Creek Sister City Gardens Phases I & II and Mill
Creek Plaza Mill House.
Staff recommends adoption of resolution and approval of agreement and appropriation.
5 City Council Meeting of 02/16/2011
15. NEW BUSINESS continued
(Ward 1) b. South Millcreek Commercial Village:
Resolution authorizing execution of Agreement with Bakersfield
Redevelopment Agency for repayment of costs incurred by the City
associated with certain Agency funded Capital Improvements (Southeast
Bakersfield Redevelopment Project Area).
2. Agreement with Bakersfield Redevelopment Agency ($325,744) (Southeast
Bakersfield Redevelopment Project Area).
3. Appropriate $325,744 Southeast Redevelopment Fund Balance to the
Capital Improvement Budget within the Southeast Redevelopment
Operating Fund for the South Millcreek.
Staff recommends adoption of resolution and approval of agreement and appropriation.
(Ward 1,2) c. Bakersfield Redevelopment Agency Down Payment Assistance Programs:
1. Resolution regarding the use of housing set aside monies (Parkview Cottages
Down Payment Assistance Program, Old Town Kern-Pioneer Redevelopment
Project Area) outside the Downtown Redevelopment Project Area.
2. Resolution regarding the use of housing set aside monies (Creekview Villas
Down Payment Assistance Program, Southeast Bakersfield Redevelopment
Project Area) outside the Downtown Redevelopment Project Area.
3. Appropriate $225,000 Old Town Kern Redevelopment Project Area Low-Mod
Fund Balance to the Operating Budget within the Low-Mod Housing Fund for
Parkview Cottages Down Payment Assistance Program.
4. Appropriate $245,000 Southeast Redevelopment Project Area Low-Mod
Housing Fund Balance to the Operating Budget within the Low-Mod Fund for
Creekview Villas Down Payment Assistance Program.
5. Appropriate $465,000 Downtown Redevelopment Project Area Low-Mod Fund
Balance to the Operating Budget within the Low-Mod Housing Fund for
Creekview Villas Down Payment Assistance Program.
Staff recommends adoption of resolutions and approval of appropriations.
(Ward 2) d. Transfer $395,000 in bond proceeds from property acquisition within the Capital
Improvement Budget in the Old Town Kern Redevelopment Fund for 18th Street
Water Main and Line Extension Project in the vicinity of Central Park.
Staff recommends approval of transfer.
(Ward 2) e. Appropriate $469,256 Southeast Redevelopment Fund Balance to the Capital
Improvement Budget within the Southeast Redevelopment Operating Fund for South
Millcreek Street Improvements.
Staff recommends approval of appropriation.
6 City Council Meeting of 02/16/2011
15. NEW BUSINESS continued
(Ward 2) f. Rabobank Convention Center & Arena Complex and 18th & Eye Street Parking
Structure:
1. Appropriate $267,700 Downtown Redevelopment Fund Balance to the
Capital Improvement Budget within the RDA Downtown Operating Fund
regarding proposed capital Improvements and equipment replacement at
the Rabobank Convention Center and Arena Complex.
2. Transfer $285,000 from the Operating Budget to the Capital Improvement
Budget within the RDA Downtown Operating Fund regarding proposed
capital improvements and equipment replacement at the Rabobank
Convention Center and Arena Complex and the 18th and Eye Street Parking
Structure.
3. Amendment No. 1 to Agreement No. 10-114 with Leverage Information
Systems, Inc. ($35,526.62; revised not to exceed $350,000) to expand the
scope of work to include the installation of four video surveillance cameras at
the 18th and Eye Street Parking Structure.
Staff recommends approval of appropriation, transfer and agreement.
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
qj-~ "-~t
Alan Tandy
City Manager
2/10/11 3:40pm
City Council Meeting of 02/16/2011
AGENDA HIGHLIGHTS
February 16, 2011 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
WORKSHOPS
The City's healthcare consultant, Segal, will provide a review of the retiree medical liabilities
and the update annual valuation report. This is in response to a referral from Councilmember
Weir.
CONSENT CALENDAR
Ordinances
Item 8c. First Reading of Ordinance to reduce the front yard requirement from 25' to 20' and
adding language related to landscaping along slopes Since 2009, the Planning and
Development Committee has been working on a Northeast Bakersfield Community Concept.
In December, 2010, the Committee proposed several changes pertaining to front yard size and
landscaping changes. The proposed change in the front yard size is for the purposes or
encouraging more flexible architectural design to deemphasize the prominence of the garages
in the front yard. The landscaping changes pertain to slope and greenbelt protection without
fencing and screening of sumps from public streets in areas where a significant grade
difference exists to protect scenic views. Originally discussed as part of the northeast vision, the
Committee concluded that these proposed amendments will also benefit residential
development throughout the city. On January 20, 2011 the Planning Commission held a public
hearing and approved a recommendation for City Council adoption of the ordinance
changes. No public comments were received.
Agreements
Item 8m. Amendment to an Agreement with Columbus Haven, LP for additional fundina
assistance not to exceed $2,181,639.59. Columbus Haven, a non-profit developer under the
Kern County Housing Authority, is planning to construct a 56 unit multi-family complex at 500
West Columbus Avenue to serve families and emancipated foster youth. In 2006, the City
provided $426,639.59 from Community Housing Development Organization (CHDO) and HOME
Investment Partnership funds to the original developer, Columbus Avenue Housing Partners,
primarily for property acquisition and pre-construction costs. In 2009, the agreement and
property were assigned to Columbus Haven, and in 2010, the City provided an additional
$255,000 for preconstruction and construction costs. The developer will be re-submitting for
State tax credit funding in April in the amount of $6,800,000. The project is currently short on
funding, so the developer is requesting an additional $1,500,000 from the City, which would be
funded as $255,000 in CHDO and $1,245,000 in HOME Investment Partnership funds.
Item 8n. Amendment to an Agreement with HNTB Corporation for the Rosedale Highway
Widening Project for $957,057, not to exceed $4,345.557. In 2007, the City approved an
agreement with HNTB Corporation for preliminary engineering and environmental documents to
widen Rosedale Highway from four lanes to six lanes. State Assembly Bill 1858 was passed to
allow the State to relinquish Rosedale Highway from SR 99 to SR 43 to the City and the County.
The road could then be widened based on City and County standards, instead of. CalTrans'
larger and more expensive standards. The relinquishment would result in lower costs, because
less property acquisitions would be needed and the overall length of the widening project
could be maximized using available TRIP funding. There have been many multi jurisdictional
issues to address, but in late 2010, the City County and CalTrans reached an agreement that will
result in Rosedale Highway being widened from SR 99 to Allen Road. CalTrans will retain
ownership from SR 99 to Mohawk, and that segment will be constructed to their wider
standards. CalTrans will relinquish Mohawk to Allen to the City and County, and that segment
will be constructed to the City and County standards. Because of the need to examine various
alternatives, HNTB developed more design work than was originally planned. In addition, new
regulatory requirements have required more environmental studies. This first amendment to
Agreement #07-222 is for the additional work which has been necessary; funding was previously
budgeted to cover this expense.
Item 8p. Acceptance of Annual Financial Audit Reports. The Budget and Finance Committee
has reviewed and recommends acceptance of several audit reports for the Fiscal Year Ending
June 30, 2010, including the City's Comprehensive Annual Financial Report.
Item Sr. Amendments to HUD Action Plan and Consolidated Plan 2010 for Neighborhood
Stabilization Program Funds. The City has been designated to receive $3,320,927 in the latest
allocation of Neighborhood Stabilization Program funds. The funding is for purchasing and
rehabilitating abandoned, vacant or foreclosed residential properties or demolishing blighted
structures in specific areas of Wards 1, 2, and 7. HUD will also allow new construction as an
eligible use of the funding, which is an option that may be considered in the future if eligible
opportunities become available. The funds must be expended by 2014.. This action is to request
approval for staff to execute the necessary HUD documents, to be submitted by March 1, 2011.
CONSENT CALENDAR PUBLIC HEARINGS
Item 9c. Public Hearina to consider a Resolution approving redevelopment funding for public
improvements at the Arena/Convention Center and 18th and Eye Street Parking Garage. The
arena and convention center have deferred maintenance issues and have delayed the
purchase of equipment that should be replaced due to wear or inefficiency. In addition, the
18th and Eye Street parking garage has obsolete and non-working security cameras that need
to be replaced to assist the Police Department in crime deterrence. Both projects are eligible
to use redevelopment funds for those purposes. Because the actual Tax Increment receipts for
2009-10 exceeded budget estimates, the Downtown RDA project area has an unallocated
fund balance of $267,000. There is also $285,000 of budgeted savings in the Downtown
operating fund that has been budgeted for operational outside services, but can be allocated
for the needed improvements at both the arena/convention center and the parking garage.
This action is to hold the required public hearing to authorize the Redevelopment Agency to
commit the funding to those projects. A separate item, under New Business/15f. will request the
funding appropriations and contract amendment to purchase the needed equipment.
Items 9d. and 9e. General Plan Amendment and Zone Changes. There are two Public Hearings
to consider approval of General Plan Amendments and Zone Changes for two projects. The
first is requested by Hendricks Engineering, representing Mesa Marin LLC, on approximately
Agenda Highlights - February 16, 2011 Council Meeting
Page 2
19.45 acres, along the north side of Kern Canyon Road (SR 184) and southwest of the
intersection at Kern Canyon Road and SR 178. A 338 unit apartment complex is proposed, with
a PUD overlay zone. The project is adjacent to the Mesa Marin Sports Complex, so conditions of
approval have been added to provide block wall separation between the project and the
sports complex. The Sierra Club previously submitted written correspondence in opposition; the
applicant's air quality consultant responded, and the applicant has agreed to all conditions
and mitigation for the project. The Planning Commission recommended approval to the City
Council on December 16, 2010. A subsequent letter was received from the Sierra Club
regarding global warming issues. There were new issues cited that were not already addressed
in the previous response.
The second item is requested by Scott Underhill, representing Wible Investors II, LLC on
approximately 18 acres north of Taft Highway (SR 119) and west of Wible Road. The project
would consist of a mixed use development of 31 residential duplex lots, with 62 single story
dwelling units. The commercial use includes 22,000 square feet of retail and 32,000 square feet
of office space. The Planning Commission recommended approval to the City Council on
December 16, 2010. There was no opposition; an adjacent property owner requested access
from the R-2 segment of the property to his residential property, which the applicant has
agreed to.
DEFERRED BUSINESS
Item 10a. Request for the Vacation of 27th Street between the east right of way of Chester
Avenue and the west right of way of K Street and a portion of the north/south alley between
28th and 26th Streets. This item, originally on the January 12, 2011 agenda, is a request from San
Joaquin Community Hospital in preparation for a redevelopment project adjacent to the area
proposed to be vacated. There were originally four letters of opposition; two had been
rescinded at the time of the January 121h meeting. Council requested that staff address the
concerns of the two remaining in opposition. At this time, one property owner remains in
opposition. However, the location of his property does not require access to 27th Street or the
alleys and is not part of the area to be vacated. Representatives of the hospital have met with
the property owner; the results of their discussion are inconclusive at this point. Staff is
recommending adoption of the Resolution for the requested street vacation.
CLOSED SESSION
There will be a conference with the Labor Negotiator.
REPORTS
Item 14a. Mid-Year Budget Adjustments. Several budget adjustments, requiring appropriations,
are requested because of expenses associated with the December 2010 winter storm; higher
than anticipated operating costs at the wastewater treatment plants; and to reconcile staffing
reduction actions taken in the Fire Department earlier this year. There is also a request for a
transfer between two Assessment Districts to correct an error in a prior reporting period.
NEW BUSINESS There are six agenda items to request City Council approval for use of
redevelopment funding on several redevelopment projects. The funding is being requested for
projects that are already in existence or are actively in process:
Agenda Highlights - February 16, 2011 Council Meeting
Page 3
• Mill Creek Sister City Gardens landscape improvements and the Mill Creek Plaza Mill
House project;
• South Mill Creek Commercial Village - curb and gutter, parking, traffic signal and
median improvements;
• Down.Payment Assistance programs for the Parkview Cottages and Creekview Villas;
• Water Main and Line Extension on 18th Street to accommodate the 19th Street Senior
Plaza and Mixed Use Project;
• South Mill Creek Street Improvements;
• Rabobank Arena and Convention Center and Eye Street Parking Garage - replacement
of old and/or obsolete equipment,
Approved:
Alan Tandy, City Manager 17
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - February 16, 2011 Council Meeting
Page 4
MEETING DATE: February 16, 2011 AGENDA SECTION: Presentations
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEAc J' ~
DATE: February 4, 2011 CITY ATTORNEY
CITY MANAGER W
SUBJECT: Presentation by Mayor Hall of a Certificate of Appreciation to Dena Smith acknowledging
her selection as the Yard of the Quarter recipient.
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: February 16, 2011 AGENDA SECTION: Presentations
ITEM: 4. 6.
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: February 9, 2011 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Presentation by Mayor Hall of a Proclamation, to a representative of the Military Order of
the Purple Heart, declaring February 19, 2011, "Bakersfield Military Ball Day" in our city.
RECOMMENDATION:
BACKGROUND:
krt
O~ A
ADMINISTRATIVE REPORT
.r nI
0
MEETING DATE: February 16, 2011 AGENDA SECTION: Workshops
ITEM: 6. a
TO: Honorable Mayor and City Council
APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: February 8, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Review of Retiree Medical Liabilities and Annual Valuation Report
RECOMMENDATION: Council determination
BACKGROUND: On September 29, 2010, the City's health care consultant (Segal) provided both
the Insurance and Personnel Committees with a report on the City's retiree medical liabilities and
the updated annual valuation report. As a part of this presentation, Segal also provided the two
committees with strategies to reduce the City's unfunded retiree medical liabilities. At the
October 13, 2010 City Council Meeting, Councilmember Weir requested that Segal provide the
full council with the same report sometime after the new year.
Segal will be presenting an overview of the City's retiree medical liabilities based on the most
recent annual valuation report, as well as discussing options to reduce the unfunded retiree
medical liability.
I
February 8, 2011, 2:50PM
s:\Admin Rpts\2011\Segal Retiree Medical Report.docx
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ADMINISTRATIVE REPORT
1
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: , a ,
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD 4 '.9T
DATE: February 4, 2011 CITY ATTORNEY
CITY MANAGER s
SUBJECT: Approval of Minutes of the February 2, 2011 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
nw
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: $ , ,
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 3, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from January 21, 2011 to February 3, 2011
in the amount of $13,239,173.28 and Self Insurance payments from January 21,
2011 to February 3, 2011 in the amount of $94,725.58.
RECOMMENDATION:
Staff recommends approval of payments totaling $13,333,898.86.
BACKGROUND:
February 3, 2011, 1:OOPM
SAKim GWDMIMCOUNCIL-ADMIN-AP-2011 WDMIN-AP 021611.doc
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: February 4, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: First Reading of ordinance amending the text of Title 17 of the Bakersfield
Municipal Code (Zoning Ordinance); specifically, Section 17.10.040 of Chapter
17.10 (R-1 One-Family Dwelling Zone) reducing the front yard from 25 feet to 20
feet, and Section 17.61.032 B.6. of Chapter 17.61 (Landscape Standards)
adding language related to landscaping along slopes.
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
Since June of 2009, the City Council's Planning and Development Committee has been
working to implement a Northeast Bakersfield Community Concept in order to achieve the
following vision for Northeast Bakersfield (considered the geographic area in the city limits east
of Fairfax Road and north of the Union Pacific Railroad):
Preserve and enhance the unique aspects of the northeast experience through
the development of a healthy, sustainable community complementary of the
area's resources and identifiable through theme architecture and landscaping.
The City Council adopted ordinance changes earlier this year (April 2010) concerning
architectural design for commercial projects, landscaping, and outdoor lighting (dark sky
principles). The Planning Commission subsequently approved amendments in October 2010 to
their "Wall and Landscaping Design Policies for Parkways and Median Islands" achieving
consistency with the updated ordinance requirements.
ProRosed Ordinance Amendment Summary:
On December 13, 2010 the City Council's Planning and Development Committee reviewed
additional ordinance changes to finalize their efforts that began in 2009, and directed staff to
February 4, 2011, 3:52PM
KShea/ S:\Dana\ADMINS\2011\FEB\2-16-Landscape Standards l.doc
ADMINISTRATIVE REPORT
have the Planning Commission hold a public hearing to consider approval of the changes
summarized below:
R-1 One-Family Dwelling Zone (Section 17.10.040)
• Amends text to encourage the architectural design of single family homes to de-
emphasize the prominence of the garage.
• Will improve the streetscape design and promote more walkable neighborhoods.
Landscape Standards (Section 17.61.032 B.61
• Adds text pertaining to slope/greenbelt protection and screening of sumps.
• Will protect scenic qualities based on unique topographic considerations.
Although the changes to the R-1 zone were discussed as part of the northeast vision, the
Committee found they will benefit all new residential development throughout the city.
Garages will continue to maintain the existing 25-foot setback, but the habitable portion of the
home will be allowed to be built at 20 feet. Rather than requiring all homes to place the
garage behind the living area, this change just provides an incentive for this type of
architectural design to take place. Builders will, however, continue to have the flexibility to
provide other architectural styles based on market demand, customer preference, or lot
configuration. As lots become smaller to meet other mandates such as greenhouse gas
reductions, more walkable neighborhoods and reduce vehicle driving, this change will help
use land more efficiently but still provide adequate front yard open space consistent with
current community values.
Proposed landscaping changes pertain to slope/greenbelt protection without fencing and
the screening of sumps from public streets where there is a significant grade difference to
protect scenic views based on topographic considerations.
On January 20, 2011, the Planning Commission held an advertised public hearing on the
proposed amendments. No comments were received either in writing or verbally and the
Commission unanimously approved a recommendation that the City Council adopt the
ordinance changes.
This project has been found to be exempt from the provisions of the California Environmental
Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under
the general rule of CEQA in accordance with Section 15061 (b) (3), it can be seen with
certainty that there is no possibility that adoption of the proposed ordinance will have a
significant affect on the environment.
February 4, 2011, 3:52PM
KShea/ S:\Dana\ADMINS\201 1\FE8\2-16-Landscape Standards I.doc
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: $,d,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 3, 2011
Resolution Authorizing the transfer of Unclaimed Money in the amount of $66,576.59
from the Escheat Trust Account to the General Fund.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY -7*~
CITY MANAGER
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The term "escheat" refers to a legal process where land, cash or other items of value revert to the
previous owner if the asset remains unclaimed for a period of time. Occasionally vendors or residents
do not cash checks issued to them by the City. After a period of time the checks are considered "stale
dated" and are no longer valid. The checks are then voided and the funds are held in a special
"escheat" trust account. These unclaimed monies are listed on the City's Treasury web site for public
review and may be claimed at any time over a period of three years. The California Government Code
(Section 50053) outlines the process for the unclaimed funds to be transferred back to the City.
In order for this transfer to occur, the California Government Code requires a notice be published in a
newspaper of general circulation and a reasonable amount of time to lapse before the City has right to
transfer these unclaimed monies to the City. In accordance with the Government Code, an
advertisement was published in the Bakersfield Californian on October 15, 2010 and October 22, 2010
with names and amounts of anything $15.01 and greater which have been unclaimed for more than
three years. The Exhibit "A" to the proposed Resolution contains those items which are still unclaimed
to date and any amounts $15.00 or less that remain unclaimed for more than one year. The items of
$15.00 or less were not required to be published in the notice and the required waiting period for the
smaller dollar items is shorter ( one year vs. three years
Adoption of this Resolution will allow the City to transfer the unclaimed monies from the Escheat Trust
Account to the General Fund.
February 3, 2011, 6:12PM
S:WdminWdmin ReportsWdmin - escheat trust to revenue 2011.doc
BA
~~yeowos,r ~S.
ADMINISTRATIVE REPORT
LIFO
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 1, 2011
the Bakersfield Municipal Code (Wards 3, 6, & 7).
APPROVED
DEPARTMENT HEAD h
L-
CITY ATTORNEY
CITY MANAGER
Resolution amending the official list of designated speed zones, pursuant to
Sections 22357 and 22358 of the California Vehicle Code and Chanter 1 n_*?4 of
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: This resolution establishes speed zones which can be enforced by radar on
roadways within the City. The roadway segments below are proposed to have a speed zone
change, road segment limit change, or had been previously established by the County.
Speed Existing Proposed
Zone Speed Speed
Location Limit Limit
Council Ward #3
Canteria Drive, from Hwy 178 to City Hills Drive 55 mph 45 mph
City Hills Drive, from Vineland Road to Panorama Drive 50 mph 45 mph
Council Ward #6
Ashe Road, from Panama Lane to McCutchen Road 55 mph 50 mph
Berkshire Road, from Ashe Road to Mountain Ridge Drive 55 mph 45 mph
Mountain Ridge Drive, from McCutchen Road to Taft Hwy 55 mph 45 mph
Mountain Ridge Drive, from Berkshire Road to McCutchen Road 55 mph 45 mph
Council Ward #6 & 7
McKee Road, from Mountain Ridge Drive to Stine Road 55 mph 45 mph
Chapter 7 of the California Vehicle Code (CVC) defines three different speed limits within
which all drivers should obey whether or not signs are erected indicating those speed limits.
The three different speed limits are as follows:
1. 15 m.p.h.
a. At "blind" railroad crossings. (CVC Section 22352.a.1)
b. At "blind" intersections. (CVC Section 22352.a.2)
February 3, 2011, 8:24AM
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ADMINISTRATIVE REPORT
C. On any alley. (CVC Section 22352.a.3)
2. 25 m.p.h.
a. Ina "residence" district. (CVC Section 22352.b.1)
b. In a "business" district. (CVC Section 22352.b.1)
C. In a school zone. (CVC Section 22352.b.2)
3. 55 m.p.h.
Upon a two-lane, undivided highway. (CVC Sections 22349 b., and 40802)
4. 65 m.p.h.
Any street which does not fall into the categories listed in numbers 1, 2 and 3
above. (CVC Sections 22349.a. and 40802)
The California State Legislature revised the California Vehicle Code (CVC) effective January 1,
1997 to set the maximum speed limit at 65 mph.
The CVC allows the 25 m.p.h. speed limit to be raised (Section 22357) or the 65 m.p.h. speed
limit to be lowered (Section 22358) to facilitate the smooth orderly flow of traffic. This increase
or reduction is done by an "Engineering and Traffic Survey". The survey must be done in
accordance with State mandated procedures and must be renewed every five (5) years.
The speed limit which is proposed in the subject resolution has been established as a result of
an "Engineering and Traffic Survey".
JU
KTC601
February 3, 2011, 8:24AM
G:\GROU PDAT\ADM I NRPT\2010\02-16\Adm i n_Rpt_Speeds_Feb2011.docx
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM -F.
TO: Honorable Mayor and City Council APPROVED
FROM: Phil Burns, Building Director
DATE: January 28, 2011
DEPARTMENT HEAD~y
CITY ATTORNEY L
CITY MANAGER 49
SUBJECT: Resolution confirming approval by the City Manager designee 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 the demolishment of dangerous
buildings and authorize collection of the assessments by the Kern County Tax
Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on February 14, 2011, by the City Manager designee and all
proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter and/or were determined to be in violation of
Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous
buildings. The property owners were notified and failed to comply with the notices to abate such
public nuisance. After a hearing duly noticed and held before the Building Director, the Director
issued orders requiring the property owner to abate the public nuisance. The subject properties
are listed as follows:
PROPERTY LOCATION APN COST
Ward 1 /Councilmember Salas
1. 217 Bliss Street
139-341-19
$
899.00
2. 218 S. Brown Street
019-191-05
$
698.00
3. 515 S. Brown Street
019-091-13
$
869.00
4. 200 Churchill Drive
169-102-29
$
1,134.00
January 31, 2011, 8:45AM/kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1 /Counciimember Salas
5.
121 Clifton Street
018-400-19
$
999.00
6.
103 Clyde Street
018-390-16
$
105.00
7.
114 Dr. Martin Luther King Jr. Blvd.
018-400-09
$
300.00
8.
120 Dr. Martin Luther King Jr. Blvd.
018-400-07
$
105.00
9.
601 El Sereno Drive
011-162-02
$
790.00
10.
120 Hayes Street
018-320-05
$
300.00
11.
4412-Lantados Street
171-262-01
$
600.00
12.
132 Milham Drive
139-421-06
$
709.00
13.
209 Northrup Street
018-310-12
$
799.00
14.
232 Oakdale Drive
020-081-19
$
1,099.00
15.
310 Ohio Drive
169-070-20
$
690.00
16.
1425 Ralston Street
018-122-10
$
105.00
17.
418 Villa Street
139-270-19
$
105.00
18.
1420 E. 9th Street
018-061-19
$
105.00
Ward 2/Counciimember Benham
19.
1616 Alta Vista Drive
012-231-05
$
300.00
20.
1714 Alta Vista Drive
012-220-06
$
105.00
21.
1100 Brown Street
015-310-10
$
600.00
22.
2200 Brundage Lane
008-284-25
$
300.00
23.
3401 Elm Street
001-381-02
$
105.00
24.
1008 Gage Street
015-380-10
$
105.00
25.
1018 Gage Street
015-380-09
$
759.00
26.
823 Kentucky Street
014-300-10
$
105.00
27.
314 Monterey Street
014-060-17
$
1,295.00
28.
400 Monterey Street
014-070-18
$
890.00
29.
423'/2 Monterey Street
014-160-05
$
4,689.00
30.
1212 Monterey Street
015-240-14
$
105.00
31.
4032 O Street
120-181-01
$
105.00
32.
130 Olive Street
008-062-06
$
105.00
33.
1212 Oregon Street
015-100-13
$
105.00
34.
507 Owens Street
017-260-14
$
300.00
35.
531 Quincy Street
013-210-07
$
700.00
36.
2801 San Dimas Street
002-091-15
$
1,295.00
37.
2401 Spruce Street
001-192-08
$
300.00
38.
2901 Truxtun Avenue
004-211-06
$
300.00
39.
1618 11 th Street
009-011-07
$
300.00
Demolished structure
January 31, 2011, 8:45AM/kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION
APN
COST
Ward 2/Counciimember Benham
40. 407 17th Street 006-131-06 $ 1,399.00
41. 1427 E. 18th Street 017-220-07 $ 899.00
42. 700 3111 Street 002-051-21 $ 799.00
Ward 3/Counciimember Weir
43.
3512 Bryn Mawr Drive
021-220-10
$
639.00
44.
2519 Driller Avenue
383-024-08
$
300.00
45.
2607 Eric Court
383-172-24
$
749.00
46.
5805 Fairfax Road
439-090-08
$
300.00
47.
6111 Fairfax Road
439-113-07
$
105.00
48.
4202 Pacific Grove Court
451-522-05
$
600.00
49.
2600 Renegade Avenue
383-022-18
$
300.00
50.
7000 Rhone Drive
507-251-14
$
738.00
51.
4113 Ridgemoor Avenue
146-112-07
$
1,405.00
52.
2507 University Avenue
383-051-08
$
639.00
53.
4100 University Avenue
146-072-22
$
750.00
Ward 4/Counciimember Couch
54.
5425 Coastal Wind Street
527-362-33
$
640.00
55.
12424 Colorado Avenue
527-431-05
$
727.00
56.
11909 Darlington Avenue
528-243-02
$
600.00
57.
10706 Falling Springs Avenue
526-291-19
$
600.00
58.
4301 Hageman Road
526-081-14
$
105.00
59.
12204 Ruby River Drive
528-492-14
$
775.00
60.
9205 Seabeck Avenue
451-291-30
$
725.00
61.
8519 Seven Hills Drive
494-391-01
$
740.00
62.
11408 Summit Point Court
528-113-31
$
663.00
63.
12813 Trafalgar Square Drive
528-291-09
$
682.00
64.
10823 Trentadue Drive
525-571-46
$
788.00
65.
11900 Walden Park Place
522-372-05
$
105.00
Ward 5/Counciimember Hanson
66.
3626 Boswellia Drive
513-222-21
$
779.00
67.
9413 Carvalho Court
392-291-12
$
300.00
68.
10903 Golden Valley Drive
497-165-01
$
730.00
69.
6701 Inwood Drive
381-033-01
$
105.00
January 31, 2011, 8:45AM/kd
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ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 6/Coucilmember Sullivan
APN COST
70.
4316 Keith Way
441-222-12
$
659
00
71.
4116 Parker Avenue
440-230-07
$
.
300.00
72.
3613 Soranno Avenue
440-121-02
$
300.00
73.
6508 Vancouver Drive
385-031-10
$
1,485.00
74.
3901 Wilson Road
441-031-23
$
600.00
Ward 7/Councilmember Johnson
75.
1915 Benton Street
023-221-08
$
105.00
76.
2100 Cromwell Court
023-225-06
$
105.00
77.
6109 Frank J Fletcher Street
372-302-11
$
300.00
78.
3131 H Street
023-171-22
$
105.00
79.
5709 Monitor Street
413-091-11
$
105.00
80.
3048 Panama Lane
372-253-24
$
639.00
81.
1305 Park City Avenue
516-183-02
$
300.00
82.
910 Parnell Court
516-201-22
$
762.00
83.
7707 Snowbird Street
516-352-02
$
698.00
The owners of the above-mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
January 31, 2011, 8:45AM/kd
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SA
4
° ADMINISTRATIVE REPORT
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 28, 2011
Approval of Tract Map and Improvement Agreement
Final Map and Improvement Agreement with Summit Venture Capital, LLC, a
Limited Liability Company (corporation, limited partnership, etc.), herein
referred to as the "OWNER" and John Balfanz Homes, Inc., a California
Corporation (corporation, limited partnership, etc.), herein referred to as the
"DEVELOPER", for Tract 6364 Phase 5 located west of Allen Road and north of
Reina Road. (Ward 4)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER~_
RECOMMENDATION: Staff recommends approval of map and agreement.
BACKGROUND: This Agreement is entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and
storm drain on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE FOR
REVIEW.
dha
January 28, 2011, 10:52AM
G:IGROUPDATWDMINRPT\2011\02-16\T6364-5 Map and IM AGR.doc
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 8.h.
TO: Honorable Mayor and City Council AP ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD,`~I/
DATE: February 2, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Joint Use Agreement and Utility Agreement ($24,763) with Pacific Gas and Electric
Company (PG&E) for utility pole relocations on McCutchen Road between Gosford
Road and Ashe Road. (Ward 6)
RECOMMENDATION: Staff recommends approval of agreements.
BACKGROUND: The Wastewater Treatment Plant No. 3 Expansion project required improvements
to adjacent roadways near, the Plant. The Street Improvements on McCutchen Road from
Gosford Road to Ashe Road project provides for the required roadway improvements. This
project will construct a new roadway including curb/gutter, sidewalks and 34 feet of pavement
on the south half of McCutchen Road from Gosford Road to Ashe Road. The curb/gutter will be
constructed at ultimate width.
During design, four utility poles were identified to be in conflict with the proposed improvements.
The four utility poles are within an existing PG&E easement in which PG&E has prior rights. The
relocation of the power poles will require a Utility Agreement for $24,763 to reimburse PG&E for
their costs and a new easement through the Joint Use Agreement. There are sufficient funds
budgeted in the project to cover the costs of the Utility Agreement; the project is funded with
Sewer Enterprise Funds.
NF Gen Service
ESK102
February 7, 2011, 4:26PM
G:\GROUPDAT\ADMINRPT\ADMINFORM.doc
MEETING DATE: February 16, 2011
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD 11/-5
February 8, 2011 CITY ATTORNEY
CITY MANAGER
Settlement and Mutual Release Agreement with Arch Insurance Company (Arch) to
facilitate completion of Pavement Rehabilitation 2009 Phase 2 Ashe Road: White Lane
to Ming Avenue project in the amount of $105,000.53. (Wards 5, 6)
RECOMMENDATION: Staff recommends approval of the Agreement.
BACKGROUND: As part of the Federal Stimulus ARRA funding made available during the
previous fiscal year there were several pavement rehabilitation projects initiated by the Public Works
department. Two of the projects (Phases 2 and 3) were awarded to Maverick Asphalt Inc., who went
out of business during the construction period of those contracts.
Both project phases initially constructed by Maverick have had a variety of construction related issues
that involve the original general contractor, original sub-contractors, replacement general contractors,
the bonding insurance company (Arch) and the City. You may recall the Phase 3 project was initially
abandoned mid-construction by Maverick and on March 10, 2010 the Council approved a three party
agreement 10-030) for Arch Insurance Company and Griffith Company to complete the Phase 3
construction and resolve outstanding claims.
The Phase 2 project was originally accepted by the City with a notice of completion filed on February
25, 2010. Sub-contractor stop notice claims had been filed against the project and the City withheld
$105,000 from the final payment to Maverick in response to these unresolved claims. City staff
became aware of multiple construction defects that arose during the warranty period that again required
Arch Insurance Company to step in to assist the City in restoring the road to its proper condition and to
resolve the outstanding claims against the project. During the period of confusion $105,000 was
released to Maverick Asphalt Inc. in September 2010 when it should have been held due to the stop
notice claim.
As a result of negotiations between the Citys' outside counsel and Arch Insurance Company, the City
has tentatively agreed to pay Arch Insurance Company $105,000.53 in order to fund the Citys'
responsibility related to the outstanding claims filed against the Phase 2 project. In return, Arch will
ensure that the road repairs are completed promptly and that all remaining claims against the project
are resolved. Arch has a tentative agreement in place with Granite Construction to initiate the road
repairs in March 2011. The City payment to Arch will be funded from remaining capital outlay funds for
the Phase 3 project ($55,587.00) with the balance of $49,413.53 to be paid from the Self Insurance
Fund, since this is an item of potential litigation.
AGENDA SECTION: Consent Calendar
ITEM: A ;
February 8, 2011, 8:36AM
S:WdminWdmin Reports\Admin - ARCH Agreement ph 2 feb 2011 vers b.doc
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD
DATE: February 4, 2011
SUBJECT: Amendment No.4 to Agreement No. WR 06-035 with
revised not to exceed $70,885) to conduct Years Six
Habitat Monitoring for the Kern Fan Water Recharge
Facility. (Ward Number 4)
CITY ATTORNEY
CITY MANAGER
Live Oaks Associates, Inc. ($25,600;
and Seven Buena Vista Lake Shrew
Area located in the City's 2800 Acre
RECOMMENDATION: Staff recommends approval of amendment to the agreement.
BACKGROUND:
On October 11, 2005, the City entered into Agreement No. WR 05-035 in the amount of $7,500.00 with
Live Oaks Associates, Inc. to complete Year One Buena Vista Lake Shrew Habitat Monitoring for the Kern
Fan Water Recharge site located in the City's 2800 Acre Facility. The work entailed the establishment of
permanent sampling points and photo points, the collection of baseline vegetation data, and the
preparation of an annual report with finding from the baseline surveys that was submitted to the United
States Fish and Wildlife Service (USFWS).
On September 15, 2006, the City entered into Agreement No. WR 06-035 in the amount of $9,800.00 with
Live Oaks Associates, Inc. to complete Year Two Buena Vista Lake Shrew Habitat Monitoring for the Kern
Fan Water Recharge site. The Year 2 annual work at the site included additional monitoring of permanent
sampling points and photo points that were established during Year 1 baseline monitoring and the
preparation of an annual report to the USFWS.
On March 6, 2007, the City amended (No. 1) the Agreement No. WR 06-035 in the amount of $3,900.00
increasing the total amount for Year 2 Monitoring to $13,700.00 with Live Oaks Associates, Inc. The
additional funding was provided to allow the consultant additional hours to complete the monitoring and
other field survey work necessary for Year Two monitoring of the site including preparation of an annual
report required by the USFWS.
On October 1, 2007 the City amended (No. 2) the Agreement No. WR 06-035 in the amount of $12,085.00
to complete Years Three and Four monitoring of the site increasing the cumulative amount to $33,285.00
with Live Oaks Associates, Inc. The Years 3 and 4 annual work at the site included additional monitoring
of permanent sampling points and photo points that were established during Year 1 baseline monitoring
and the preparation of an annual report with findings from surveys submitted to the USFWS.
A
U O
&
ADMINISTRATIVE REPORT
On October 14, 2009 the City amended (No. 3) the Agreement No. WR 06-035 in the amount of
$12,000.00 with Live Oaks Associates, Inc. to complete Year Five Buena Vista Lake Shrew Habitat
Monitoring for the Kern Fan Water Recharge site. The annual work at the site included additional
monitoring of permanent sampling points and photo points that were established during Year 1 baseline
monitoring and the preparation of an annual report with findings from surveys submitted to the USFWS.
Amendment No. 4 will modify the agreement to allow Live Oaks Associates, Inc. to conduct Years Six and
Seven Buena Vista Lake Shrew Habitat Monitoring for the Kern Fan Water Recharge Area located in the
City's 2800 Acre Recharge Facility. The additional work to be performed by the consultant will include the
preparation of the years six and seven annual reports with findings from field surveys as required by the
United States Fish and Wildlife Service (USFWS).
Suff icient funds are available in the Department's FY 2010-11 Operating Budget for this amendment
February 4, 2011
SA2011ADMIN REPORTSWR
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM:
t2
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD_,_
DATE: February 8, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 10-058 with Gilliam & Sons Incorporatid for
the Annual Contract for Earthmoving and Hauling adding $525,000 additional
funds for a revised not to exceed contract amount of $910,452. (City wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On May 5, 2010, Council approved the annual contract for earthmoving and
hauling to Gilliam & Sons, Incorporated in the amount of $385,452. The contract amount was
based on an estimate of anticipated work submitted by various departments for a one year
period.
Subsequent to that date the following additional projects arose requiring the use of the
contract:
1. During the expansion of the Wastewater Treatment Plant No. 3, the contractor
excavated a temporary drying bed to process the sludge during construction. Now
that construction is complete, Gilliam & Sons will haul the stockpiled material to
backfill the temporary drying beds and fill other drying beds. The Wastewater
Division has $400,000 budgeted for this project as a component of the Plant # 3
expansion project. This work was not originally identified as being part of the annual
contract amount, but staff believes using the remaining funds of the expansion
project for the earth work is a good use of these monies.
2. The Water Resources Department has also used this contract for the construction of
the south levee of the Kern River and drainage basin maintenance. The Water
Resources Operating Budget has $125,000 available to complete these projects, but
again we need to add these funds to the annual contract.
The addition of $525,000 to this contract will be funded with Wastewater Enterprise Funds and
Water Enterprise Funds. No General Funds are associated with this contract amendment.
Approval of the amendment will allow the completion of the Water and Wastewater special
projects and will allow City staff to continue their planned earthmoving and hauling needs for
remainder of the contract year.
Purchasing Division
S:WdminWdmin ReportsWdmin -Amend #1 toAgmt 10-058, Gilliam & Sons Earthmoving.docx
February 8, 2011, 2:41 PM
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 6, L
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: February 3, 2011
/P R VFQ
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement 10-150 with Quad Knopf, Inc ($24,746.50;
revised not to exceed $74,596.50) for additional environmental services and site
monitoring during construction of the Kern River Upland and River Edge
Restoration Project (Ward 3)
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: In January 2010, the City entered into this Agreement with the Contractor to
perform environmental mitigation measures to comply with the California Environmental
Quality Act (CEQA) and other requirements of various regulatory agencies. Due to the nature
of the project, and its proximity to the Kern River, the Contractor's services were required to
coordinate with the California Department of Fish and Game (CDFG), the U.S. Fish and Wildlife
Service (USFWS), the Central Valley Flood Protection Board (CVFPB), and the Army Corps of
Engineers (ACOE). Amendment No. 1 is required to provide for additional consultant services
beyond the scope of the original agreement as summarized below:
1. After issuance of a permit for the project in early December 2010, the CVFPB informed
the City of some additional environmental requirements that had to be met before
construction could start. The environmental consultant was instrumental in resolving
those issues so that the City's contractor could commence construction.
2. A change in the daily construction work schedule required the environmental
consultant to be on-site for more hours than was originally anticipated.
3. After construction started, a portion of the project needed to be redesigned due to
higher water level in the Kern River. The designers needed input from the environmental
consultant on those modifications. This included review of the equipment that the
Contractor was proposing for use within environmentally sensitive areas of the project.
4. Additional field monitoring of an additional site from which soil needed to be removed.
5. A biologist is needed to deter birds nesting within the project area during construction
of the project.
This amendment provides for these additional services which are beyond the scope of the
original Agreement.
PWEngr/ADR
February 4, 2011, 10:47AM
G:IGROUPDATIADMINRPT12011 W2-16Wdmin Rpt Kern River Uplands P9C105.docx
Project No. P9C105
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: a. OA.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ;
DATE: February 10, 2011 CITY ATTORNEY
CITY MANAGER E_
SUBJECT: Amendment No. 3 to Agreement No. 06-173 with Columbus Haven, (not to exceed
$2,181,630.59 ($255,000 - Community Housing Development Organization funds and
$1,245,000 - Home Investment partnership funds) for eligible construction costs of 56
affordable multi-family and emancipated foster youth units located at 500 West
Columbus Avenue. (Ward 3)
RECOMMENDATION:
Staff recommends approval,
BACKGROUND:
On June 21, 2006, the City of Bakersfield approved an agreement with Columbus Avenue
Housing Partners, LP for $500,000 of Community Housing Development Organization (CHDO) -
HOME Investment Partnership funds. $426,630.59 of these funds were used for acquisition and
predevelopment soft costs for property located at 500 West Columbus Avenue. During the
predevelopment phase Columbus Avenue Housing Partners, LP determined that additional funds
would be required in order to complete the project. Columbus Avenue Housing Partners, LP,
were unable to secure the additional financing and indicated an interest in assigning the
property to a third party to complete the affordable multi-family apartment complex.
On January 14, 2009, the City approved an amendment that assigned the agreement and the
property to Columbus Haven. Columbus Haven is a non-profit developer under the Housing
Authority of the County of Kern and intends to construct a 56 unit multi-family complex with a
mixed-use approach that will serve both families and emancipated foster youth. The project
once completed will feature: 20 one-bedroom units serving emancipated foster youth earning
30% of AMI; 16 two-bedroom homes and 20 three-bedroom homes for families earning 50% to
60% of (AMI).
On June 30, 2010, Columbus Haven, LP requested additional City assistance in the amount of
$255,000 for the project to be used for pre-construction soft costs and construction costs.
Columbus Haven, LP was unable to secure the additional tax credit funding from the State in the
last round, Columbus Haven, LP is now requesting additional funding in the amount of $1,500,000
($255,00 of CHDO funds and $1,245,000 of HOME funds), to be used for additional pre-
construction soft costs and construction costs. This is due to the loss of value in the tax credits as
a result of the extreme credit crisis in the current financial markets. Columbus Haven, LP will be
S:\Admins\City Council\City Council Admins 201 Mest Columbus Amend #3.Doc
ADMINISTRATIVE REPORT
Page 2
submitting its tax credit application to the State for funding this April. The additional assistance
will be provided in the form of a residual receipts note secured by a deed of trust on the
property. The total project cost and funding sources are detailed below:
Construction is anticipated to begin by Fall of 2011 and completed in 2013.
Proiect Financin
HOME CHDO - 1/2006
$
426,630.59
HOME CHDO - 6/2010
$
255,000.00
HOME CHDO - New Request
$
255,000.00
HOME Investment Partnership-New Request
$
1,245,000.00
MHSA-Emancipated Foster Youth
$
2,100,000.00 (awarded)
Bank Loan - pre-approved
$
1,200,000.00
Housing Authority Loan
$
750,000.00
*2011 Tax Credit Proceeds
$ 6,800,000,00 (to be applied for)
TOTAL Financing
$1
3,031,630.59
`This is the second round that the project will submit for Tax Credits. The project scored well in the
first attempt but due to the value of the Tax Credit pricing the project fell short with funding
requiring the addition of local commitment of $1,500,000,
S:\Admins\City Council\City Council Admins 2011 \West Columbus Amend #3.doc
2/10/2011 9:45 AM
ds
BA
U ADMINISTRATIVE
REPORT
/F
MEETING DATE: February 16, 2011
TO: Honorable Mayor and City Council
AGENDA SECTION: Consent Calendar
ITEM: A n
FROM: Raul Rojas, Public Works Director
DATE: February 3, 2011
APP 0"
DEPARTMENT HEAD I
CITY ATTORNEY
OF--
CITY MANAGER &
SUBJECT: Amendment No. 1 to Agreement 07-222 with HNTB Corporation, ($957,057; for a
not to exceed total of $4,345,557) for Engineering Design Services for the
Rosedale Highway Widening Project. (TRIP) (Ward 4)
RECOMMENDATION: Staff recommends approval of this amendment.
BACKGROUND: On July 18, 2007 a contract was executed with HNTB Corporation to complete
the preliminary engineering and the environmental document for the Rosedale Highway
Widening Project, which will widen Rosedale Highway from four lanes to six lanes.
At the time this agreement was entered into, it was presumed that Rosedale Highway from SR-
99 to SR-43 would be relinquished to the City and the County in accordance with State
Assembly Bill 1858 sponsored by then Assemblyman Kevin McCarthy. This relinquishment would
allow the widening of Rosedale Highway to City/County standards instead of the larger, wider,
more expensive Caltrans standards; it would result in lowering the cost of the project due to
minimizing adjacent property acquisitions and business impacts; and it would allow maximizing
the length of widening that could be constructed with the available federal TRIP funds.
But the complexities of multiple jurisdictions (City, County and Caltrans) and the various issues
with differing jurisdictional standards and responsibilities made this project more complex than
initially anticipated. Also, the County was reluctant to accept the portion of Rosedale
Highway within their jurisdiction. Many different scenarios and corresponding roadway designs
were explored including Caltrans retaining none of the route, Caltrans retaining the entire
route, and Caltrans retaining various parts of the route. Late last year, the City, County, and
Caltrans reached agreement on construction standards, project limits, and limits of
relinquishment. The project will now widen Rosedale Highway from SR 99 to Allen Road.
Caltrans will retain ownership of the route from SR99 to Mohawk Street, and so this portion will
be constructed to the wider state standards. Caltrans will relinquish Rosedale to the City and
County from Mohawk Street west to Allen Road, and this segment will consequently be
constructed to City/County standards. Caltrans will then retain ownership west of Allen Road.
The County is agreeable to these limits, and this plan accomplishes the main goal of the City
which is to widen and improve as much of Rosedale Highway as possible with the TRIP funds.
To reach this consensus on the project, multiple alternatives and project limit options were
developed by HNTB resulting in additional time, studies, analyses, and engineering work
beyond that which was originally contemplated for this project. In addition, since the time the
project was initiated, some new regulatory requirements have been implemented requiring
additional environmental studies that were not originally a part of the scope of work for HNTB.
Adequate funds have been previously budgeted to pay for this amendment. Due to the
voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's Office for review.
Tdw: G:\GR0UPDAT\ADMINRPT\2011\02-16\HNTB Amend 1 - Rosedale Improvement project admin REVl.docx
yn
ADMINISTRATIVE REPORT
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: $.0.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 2, 2011
APPROVED
DEPARTMENT HEAD-
CITY ATTORNEY
CITY MANAGER
Purchase of six (6) Riding Mulching Lawn Mowers for the Recreation and Parks
Department.
1. Accept bid from Kern River Power Equipment, Inc., Bakersfield in the amount of
$51,081.01 for four (4) replacement 60" lawn mowers and $26,254.96 for two (2)
additional 72" lawn mowers for the Recreation and Parks Department. Total bid
amount is $77,335.97. (Citywide)
2. Appropriate $51,081 Equipment Management Fund Balance to the Equipment
Division Operating Budget for the replacement of four (4) 60" lawn mowers and
appropriate $26,255 Capital Outlay Fund Balance to the Equipment Division Capital
Budget for the purchase of two (2) additional 72" lawn mowers.
RECOMMENDATION: Staff recommends acceptance of the bid and approval of
appropriations.
BACKGROUND: Invitations to bid were sent to
approximately lawn mowers. Ten (10) bids were received in response osofctation.undred (100) suppliers for
Four (4) 60" riding mulching lawn mowers are overdue for replacement and have had
excessive repairs during the last year. The addition of two (2) new mowers with a larger
mowing path (72") is necessary to facilitate maintenance of new parks opening in the spring.
Due to the lead time associated with bidding, ordering and delivery of mowers, we are
requesting approval to appropriate funds and purchase replacements and additional units
before the next budget year to maintain existing parks and prepare new parks for opening this
spring.
Bidders were allowed to submit proposals on more than one (1) brand and model of 60" and
72" lawn mowers if equipment met minimum specifications and was demonstrated for
evaluation by City staff. A total of ten (10) proposals were received in response to solicitation.
(Spreadsheet attached) The lowest proposal submitted by Kern River Power Equipment, Inc. is
not acceptable as the models were not pre-tested and approved by Staff as defined by the
bid document. The next lowest proposal on both the 60" and 72" mowers submitted by Kern
River Power Equipment, Inc., met all specification and testing requirements. Staff considers the
proposal (model #430D) submitted by Kern River Power Equipment, Inc., Bakersfield to be
acceptable and recommends acceptance of the bid.
Purchasing Division
SAPURCHWDMINWdmin 10-111Riding Mulching Lawn Mowers, 10-11-46, February 16, 2011.docc
Kem River Power Kem River Power BercMold Equipment Circle B Inf
Riding Mulching Lawn Mower Equiprnerlt, Inc, paBon Kem River Power
Equiprrlerlf, Inc. Company LLC EquiprTlent, Inc.
Bid No. 10- 11-46 Bakersfield, CA Bakersfield, CA Bakersfield, CA Logan, UT Bakersfield, CA
1 Riding Mulching
Sales Tax 8.25%
IUTAL
2 Riding Mulching Lawn Mower, 72"
Soles Tax 8.25%
TOTAL
"NERO
ITEM DESCRIPTION
1 Riding Mulclhlng
Soles Tax 8.25%
TOTAL
2 Riding Mulching Lawn Mower, 72"
Sales Tax 8.25%
TOTAL
eeeh i
UNIT PRICE I PRICE J
UN IT PRICE I
PRICE I
UNIT PRICE PRICE V I
UNIT PRICE E PR CEEO
EXTENDED
4
11 7970
UNIT PRICE
C
0 47 168.00
12080 00 48,320,00
12,095.00 48,380.110
12,187.43 48
749
72
3
893
01
,
.
,
.
3,986.40
3.991.35
4,021
85
351.061
011
2 30
.
,
6.40
371 35
2
771
57
,
.
Grasshopper
Kubota ZD
Bad Boy
430D-61"
331-60"
60"
Toro
74267-60"
2
12,127.00 24,254.00
13,617.85 27,235.70
NO Bid
12,604.31 25,208.62
2,000.96
2,246.95
2,079.71
i,454.t~
29 482.65
27.288.33
Grasshopper
Kubota 113331-
430D-72"
72"
Toro
74274 - 72"
Kem River Power
Kem Machinery
Equipment. Inc.
Golf Ventures West
Turf Star
Inc
B
k
.
.
Turf Star, inc.
a
ersfield, CA
Bakersfield, CA
Corona, CA
Fresno, CA
Fr- r.
each
4
UNIT PRICE
12
892
00
PRICE
51
568
00
UNITPRICE
J
13
787
_ PRICE Y
UNIT PRICE
a PRICE U
1
UNIT PRICE
PEXTItINCE D
UNIT PRICE E1►RICE~
,
,
-
.
,
.7 55,149.
14,500,00 58,000.
14,766.00 59,064.00
16,308.00 65,23 .
4,254.36
4,549.80
4,785.00
4.872.78
5,381.64
5,822.36
9,698.88
2,785.00
A63,936.78
70,613.64
J D 997
Mid ZTRAK 60"
Toro
74268-~
Lastec
1
Toro
30462
Toro
30465
2 No Bid
14,204.15 28,408.30 16,800,00 33,600.00
15,018.00 30,036.00
16,559.00 33,118.00
2,343.68
2.772.00
2,477.97
2,732.24
751.98
6,372.00
2,513.97
,850.24
Toro
74269-72
Laster:
3673
Toro
313461
Toro
313464
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: February 4, 2011
APPROVED
DEPARTMENT HEAD /l/5
CITY ATTORNEY. Ilk
CITY MANAGER
SUBJECT: Acceptance of Audit Reports for the 2009-10 Fiscal Year
1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2010.
2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2010.
3. Single Audit Report - Schedule of Federal Expenditures for the City of Bakersfield for the
fiscal year ended June 30, 2010.
4. Independent Auditors Report - Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2010.
5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2010.
6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice
Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2010.
RECOMMENDATION: Budget and Finance Committee Recommends Acceptance of the Reports.
BACKGROUND:
The above referenced audit reports were provided to the City Council at their December 15, 2010
meeting. The Council referred the reports to the Budget and Finance Committee for review and
discussion.
The Budget and Finance Committee met on February 1, 2011 and reviewed the audit reports with
City staff and the independent outside audit firm of Brown Armstrong. As a result of that meeting the
Budget and Finance Committee recommended the various reports be accepted by the City Council.
&AdminlAdmin Reporta12010 CAFR bud fin back to council fob 2011.doc February 4, 2011, 6:34AM
A
4
ADMINISTRATIVE REPORT
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: 9 ed TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 3, 2011
APPROVED
DEPARTMENT HEAD tiff
CITY ATTORNEY p~
CITY MANAGER~CsJ
Grant of easement to the California Water Service Company for a pipeline at 500
19th Street (Central Park). (Ward 2)
RECOMMENDATION: Staff recommends approval of grant of easement.
BACKGROUND: The City previously granted a portion of Central Park to the United States to build
a federal courthouse. During construction of the courthouse it became apparent that an
existing water pipeline was in conflict with the project. Further, that the pipeline could not be
relocated within the new courthouse site. The conflicting pipeline provides water service to a fire
hydrant. As such, it needs to be relocated near its existing location. The Fire Department has
agreed that a suitable replacement location for the fire hydrant would be at the southwest
corner of Central Park. Also, the Recreation & Parks and Economic & Community Development
Departments have reviewed the location to ensure that it does not conflict with any future
development plans of Central Park. Since this is part of the new federal courthouse project the
federal government will be paying all costs associated with the relocation of the pipeline and fire
hydrant.
February 3, 2011, 4:54PM
PAMyFiles\Admin ReportslCal Water CP ease.doc
DMA/s
WI Yp.
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.cowrorta rs~?
ADMINISTRATIVE REPORT
MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: February 10, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Department of Housing & Urban Development (HUD), Action Plan Amendment No. 4 (FY
10/11) & Consolidated Plan 2010 Substantial Amendment for Neighborhood Stabilization
Program funds. (Wards 1, 2 and 7)
RECOMMENDATION:
Staff recommends approval and authorization of the City Manager or his designee to execute all
necessary HUD documents.
BACKGROUND:
This round of Neighborhood Stabilization Program (NSP3) funds was established under the federal Wall
Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act), and the City has been allocated
$3,320,927 under this program. Under HUD NSP3 regulations, the Substantial Amendment outlines
activities to be undertaken by the City to address congressionally-identified needs of abandoned and
foreclosed homes in specifically-targeted areas in the City of Bakersfield which meet NSP3 guidelines.
The City will have 2 years from the date of the HUD award to expend 50% of the funds, and all funds must
be expended within 3 years (2014).
The attached public notice, Substantial Amendment, and maps outline the proposed funding to address
these needs by NSP3 program/activities and geographical locations. Specifically, the City is proposing to
expend $2,888,834 for the purchase and rehabilitation of abandoned, vacant, or foreclosed residential
properties to benefit persons earning 120% Area Median Income or less (including $830,232 to benefit
persons earning 50% Area Median Income or less), $332,093 to demolish blighted structures in NSP3
target areas, and $100,000 for program administration. Maps of the three NSP34argeted areas can be
found in the back of the attached Substantial Amendment.
The City's NSP3 focus areas are geographically described as follows:
• NSP3 Area A (Ward 2) - generally located east of Kern Street, north of East California Avenue,
west of Haley Street, and south of Bernard Street (excluding areas both east of Owens Street and
north of Oregon Street);
• NSP3 Area B (Wards 1 and 7) - generally located south of Pacheco Road, east of Hughes Lane,
north of Panama Lane, and west of South Union Avenue (excluding areas both east of Monitor
Street and south of Fairview Road);
S:1NSP3Wdmin\NSP Action Plan Amendment 2.16.11. Doc
2/10/2011 11:32 AM
ADMINISTRATIVE REPORT
Page 2
NSP3 Area C (Ward 1) - generally all residential properties within the Bakersfield City limits east of
South Oswell Street, north of Baja Drive, west of South Sterling Road, and south of Deacon
Avenue.
The City successfully implemented the first round of Neighborhood Stabilization Program (NSP) funding,
received as part of the Housing and Economic Recovery Act of 2008 (HERA). Under NSP, the City
utilized $4.8 million for the purchase and rehab of a foreclosed 99-unit senior independent living facility
(Pinewood Glen), $1.6 million for the purchase and rehabilitation of 19 foreclosed residential properties,
and $2.1 million for downpayment assistance on 56 residential properties in NSP-eligible areas. The
NSP3 requirements, however, differ from NSP. NSP allowed the City to utilize funding in any Census
Block Groups designated by HUD as a Low- Moderate- and Middle Income (LMMI) area. NSP3 requires
the City to conduct analysis to determine focused areas of greatest need in which NSP3 funds must be
utilized in order to create a greater impact from the assistance in smaller geographic areas.
A public notice was published on January 21, 2011 concerning the availability of the draft Substantial
Amendment for a HUD required 15-day citizen review and comment period. The public review period
ended on February 7, 2011 and at the time of the preparation of this administrative report no written public
comments had been received on the proposed use of HUD NSP funds for FY 10/11. As part of the citizen
participation process requirements, a brief summary of citizen participation efforts are reflected in the final
Substantial Amendment under the Citizen Participation section.
The deadline for a Council approved Substantial Amendment submission to HUD is no later than March 1,
2011. HUD will then have 45 days to review the Substantial Amendment for compliance with federal NSP
regulations. Funds are expected to be awarded to the City in the second quarter of 2011.
Since staff drafted the NSP3 Substantial Amendment, HUD has clarified that redevelopment (new
construction) of vacant properties is an eligible use of NSP3 funds. Therefore, staff will continue to
evaluate all eligible uses of NSP3 funding, including new construction of residential units, and additional
amendments will be presented to the City Council for consideration if such viable NSP3-eligible
opportunities become available.
S:WSP3WdminWSP action plan amendment 2.16.11.doc
2/10/2011 11:33 AM
i W f+
ADMINISTRATIVE REPORT
F
MEETING DATE: February 16, 2011
AGENDA SECTION: Hearings
ITEM: CI
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: February 1, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: A public hearing to consider the Resolution ordering the vacation of 13th Street
from the east right-of-way of "P" Street to the east right-of-way of the Kern Island
Canal; "Q" Street from the north right-of-way of California Avenue to the south
right-of-way of 13th Street; and the east/west alley located in Block 387. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request to vacate 13th Street from the
east right-of-way of "P" Street to the east right-of-way of the Kern Island Canal; "Q" Street from
the north right-of-way of California Avenue to the south right-of-way of 13th Street; and the
east/west alley located in Block 387. This vacation has been requested by the City of
Bakersfield EDCD Department in preparation for future redevelopment projects in the area.
EDCD staff is currently negotiating with a proposed hotel developer and several restaurant
and commercial users for potential location on the site. Abandonment of the streets is
necessary to configure suitable development pads and parking for the potential end uses that
will occur in this location. The project is located in the commercial component of the South Mill
Creek Village on the west side of the South Mill Creek.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there are City sewer facilities in this area. PG&E
also has gas facilities in this area. The City will reserve a Public Utility Easement (PUE) over the
vacated area.
The utility companies serving the area have been notified by mail. There has been no
objection as of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300-foot radius of
the proposed vacated area. Public Works has received no objections from these owners as of
the date of this report.
On December 23, 2010, the Planning Department found the proposed vacation of 13th Street
from the east right-of-way of "P" Street to the east right-of-way of the Kern Island Canal; "Q"
Street from the north right-of-way of California Avenue to the south right-of-way of 13th Street;
and the east/west alley located in Block 387 to be consistent with the Metropolitan Bakersfield
General Plan pursuant to Government Code 65402.
February 1, 2011; 3:37 PM
G:\GROUPDAT\ADMINRPT\2011\02-16\13T" ST, Q ST, AND ALLEY VACATION
ADMINISTRATIVE REPORT
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
Resolution of Intention No. 1682 declaring intention to order said proposed vacation was
adopted by City Council at the regular meeting of January 12, 2011.
Notice of this public hearing has been duly advertised and posted as required by law.
/mm
February 1, 2011; 3:37 PM
G:\GROUPDAT\ADMINRPT\2011\02-16\13T" ST, Q ST, AND ALLEY VACATION
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w
ADMINISTRATIVE REPORT
MEETING DATE: February 16, 2011 AGENDA SECTION: Hearings
ITEM: Q , h
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: January 27, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution to alter Agricultural Preserve No. 1 to include 19.55 acres located
north of Engle Road and west of Stine Road, and 237.27 acres located north of
Kratzmeyer Road and west of Santa Fe Way. (Wards 6 and 4 upon annexation,
respectively).
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
Two annexation applications were recently approved by the Kern County Local Agency
Formation Commission (LAFCo); Annexation No. 573 (Ashe No. 9) encompassing 19.55 acres of
land located north of Engle Road and west of Stine Road, and Annexation No. 623 (West
Rosedale Ranch) encompassing 1,597.73 acres of land located north of Kratzmeyer Road and
west of Santa Fe Way.
Both of these annexations contain land currently under Williamson Act contracts, which were
initially established by Kern County, and include all of the 19.55 acres in Ashe Road No. 9, but
only 237.27 acres within West Rosedale Ranch. The Williamson Act program enables local
governments to enter into contracts with private landowners for the purpose of restricting
specific parcels of land to agricultural or related open space use. In return, landowners
receive property tax assessments which are much lower than normal because they are based
upon farming and open space uses as opposed to full market value.
In accordance with State law, when land under a Williamson Act contract is annexed, the City
assumes all rights, duties and powers of that contract. When LAFCo approved these
annexations, they conditioned that before they could record Certificates of Completion, the
City must include the contracted lands into a City agricultural preserve.
ADMINISTRATIVE REPORT
The City Council established Agricultural Preserve No. 1 on April 11, 2007 (Resolution 77-07) to
address future contracted lands upon annexation. In addition to approving the preserve, the
Council also adopted rules governing its administration and compatible land uses, including
procedures to establish, disestablish, enlarge and diminish the preserve (Resolution 23-09). In
accordance with said resolution, any changes to an agricultural preserve must be approved
by the City Council
Approval of this resolution will alter Agricultural Preserve No. 1 by enlarging it to contain the
19.55 acres within Annexation No. 573 (Ashe Road No. 9) and the 237.27 acres within
Annexation 623 (West Rosedale Ranch). This action will satisfy the condition imposed by
LAFCo and allow them to finalize these annexations. Furthermore, it is compliant with State
law and the Williamson Act program.
The adoption of the resolution and the procedures set forth therein are exempt from CEQA.
JM:MO:DL
S:\Ag Land Info\Ag Land Preservation\Ag Preserve No I\Ag Pre 1 (10-0573 -alteration) \Admin Ag Preserve Not alteration.doc
A
O~ vo
ADMINISTRATIVE REPORT
MEETING DATE: February 16, 2011 AGENDA SECTION: Hearings
ITEM: q . r_
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: February 10, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider Resolution approving the provision of assistance by the
Bakersfield Redevelopment Agency in accordance with Health and Safety Code
Section 33445 for the installation of public improvements to the Rabobank Arena
and Convention Center and the 181h and Eye Street Parking Structure, (Ward 2)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
California Redevelopment Law under Health and Safety Code Sections 33000 allows
redevelopment agencies to assist with the installation or construction of improvements to
publicly owned facilities that benefit the project area by elimination of blighting influences
with the consent of the legislative body. The Rabobank Convention Center and Arena
complex has both deferred maintenance issues and deferred or obsolete equipment
replacement issues that are eligible for redevelopment funding. The equipment to be
replaced in the arena and convention center is twelve to fifty years old, and includes; the
replacement of the dilapidated boilers with environmental issues used for heating of the
facility, lighting retrofit and abatement of asbestos in lighting fixtures and replacement, arena
obsolete spotlights and video equipment, addition of tri-vision camera system and the
removal and replacement of a transformer, The old boiler equipment is not up to either EPA
nor San Joaquin Valley APCD standards and must be replaced. Other equipment scheduled
for replacement is obsolete and when requiring repairs often requiring parts that are
unattainable.
The resolution also addresses replacement of the obsolete and non-working security cameras
located in the 18th and Eye Street Parking Structure. The proposed improvements in the
garage include the installation of security camera equipment to provide deterrence to graffiti,
vandalism, and theft at the facility and remove the current blighting influences.
As a result of actual Tax Increment receipts for 2009-10 exceeding budget estimates, the
Downtown RDA project area has an unallocated fund balance of $267,700. Additionally,
there is currently $285,000 budgeted savings within the Downtown operating fund that had
previously been budgeted for operational outside services which can be allocated towards
SAAdmins\City Council\City Council Admins 2011\Arena & Parking Hearing Funding.Doc
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ADMINISTRATIVE REPORT
Page 2
these needed improvements, A report requesting the funding appropriations, detailed
descriptions of the Arena and Convention Center improvements for the Eye Street garage,
and the award of a contract change order for the garage security equipment will be
considered under a separate City Council report on tonight's agenda,
Pursuant to Health and Safety Code Section 33679, the legislative body is required to hold a
public hearing authorizing the redevelopment agency to commit funding to the projects, In
addition, under Health and Safety Code Section 33445 the legislative body is required to make
the following findings: 1) the payment of funds for the improvements to the publicly owned
facilities is consistent with the Implementation Plan for the Downtown Bakersfield Redevelopment
Project Area; 2) that no other reasonable means of financing the project are available and; 3)
the project will benefit the project area or the immediate neighborhood,
A public hearing notice was advertised once a week for two successive weeks prior to the
hearing. Also in accordance to section 33679, the City and Agency provided to the public a
summary report on the project which includes a description of the project, funding sources
necessary to finance the development of the project and an explanation of how the project will
assist in the elimination of blight and will primarily benefit the Downtown Redevelopment Project
Area.
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2/10/2011 8:22 AM
ds
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ADMINISTRATIVE REPORT
MEETING DATE: February 16, 201 1 AGENDA SECTION: Hearings
ITEM: G A
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jim Eggert, Planning Director
January 26, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
General Plan Amendment/Zone Change 10-0479. (Ward 3)
Hendricks Engineering, representing Mesa
applied for a general plan amendment
generally located along the north side of
184), approximately 2,000 feet southwest
Road and State Highway 178.
Marin LLC, the property owners, has
and zone change on 19.45 acres
Kern Canyon Road (State Highway
of the intersection of Kern Canyon
1. Resolution approving the Negative Declaration and adopting the general
plan amendment changing the land use designation from LR (Low Density
Residential) to HMR (High Medium Density Residential) on 19.45 acres.
2. First reading of ordinance approving the Negative Declaration and
amending the Official Zoning Map in Title 17 of the Bakersfield Municipal
Code from R-1 (One Family Dwelling) to R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on 19.45 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving a Negative Declaration and approving
the proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposed project is located along the north side of Kern Canyon Road, generally 2,000
feet southwest of the intersection of Kern Canyon Road and State Highway 178 (the southern
portion of the former Mesa Marin Raceway). The property owner is proposing a change in the
land use and zoning to allow future development of a 338 unit apartment complex on the
19.45 acre site. The proposal also includes a PUD (Planned Unit Development) overlay zone.
Approval of the development plan is not proposed at this time, through the PUD overlay
requires public review and approval of all plans by the Planning Commission prior to
development of the site.
The project site is contiguous to the Mesa Marin Sports Park, located along the south side of
State Highway 178. The City Recreation and Parks Department is in the process of renovations
to the Mesa Marin Sports Complex, which includes sports lighting, landscaping, redesigned
softball fields, bleacher seating, a new concession building, and restroom facilities. It is
ADMINISTRATIVE REPORT
Page 2
anticipated that future development of the 20-acres south of the softball diamonds and
adjacent to the project site will include soccer fields and/or overflow parking for the Mesa
Marin Sports Complex. Conditions of approval have been added to the project to provide
block wall separation between the proposed project and the Mesa Marin Sports Complex.
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on December 16, 2010, and recommended approval to the
City Council. No individuals or agencies were present at the hearing that opposed the
request although a letter in opposition was received by the Sierra Club, which was responded
to by the applicant's air quality consultant, Insight Environmental. The applicant has agreed
to all conditions and mitigation for the project.
Additional correspondence was received from the Sierra Club, dated January 5, 2011. In this
letter Mr. Nipp, representing Sierra Club, restates his beliefs that the project will generate
cumulative emissions which contribute to global warming, as stated in an earlier letter (letter of
December 2, 2010). Insight Environmental Consultants prepared a second response to those
comments (see attached correspondence). As the preparer of the Air Quality Impact
Analysis, Insight Environmental Consultants based their findings on current regulatory
thresholds. Furthermore, no new issues are being raised that were not already fully addressed
in Insight's response letter dated December 6, 2010 to the Planning Commission.
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 November 10, 2010, in accordance with CEQA.
JE:DL\\ S:\GPAs\GPA 4th 2010\10-0479\Admin SR\Admin Report 10-0479.doc
MEETING DATE: February 16, 2011 SECTION: Hearings
JAG7ENDAA
TE,
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: January 26, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 10-0488. (Ward 7)
Scott Underhill, representing Wible Investors Il, LLC et al, the property owners, has
applied for a general plan amendment and zone change on approximately 18
acres generally located north of Taft Hwy (State Route 119) and west of Wible
Road.
1. Resolution approving the Negative Declaration and adopting the general
plan amendment changing the land use designation from LR (Low Density
Residential) to LMR (Low Medium Density Residential) on approximately 8
acres, OC (Office Commercial) on approximately 6 acres and GC (General
Commercial) on approximately 4 acres.
2. First reading of ordinance approving the Negative Declaration and
amending the Official Zoning Map in Title 17 of the Bakersfield Municipal
Code from R-1 (Single Family Dwelling) to R-2 (Limited Multiple Family
Dwelling) on 7.81 acres, C-O (Professional and Administration Office) on 5.89
acres and C-2 (Regional Commercial) on 3.64 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving a Negative Declaration and approving
the proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposed project is located north of Taft Hwy (State Route 119) and 600 feet west of Wible
Road. The property owner is proposing a change in the land use and zoning to allow future
development of approximately 31 residential duplex lots that will include 62 single story
dwelling units. The future commercial use will include approximately 22,000 square feet of
retail and 32,000 square feet of professional office space.
With the recent decline of the housing market, the applicant is asking for a mixed use
development with denser residential uses and a variation of commercial uses to provide
nearby services to residents in the area.
ADMINISTRATIVE REPORT
Page 2
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on December 16, 2010, and recommended approval to the
City Council. No individuals or agencies were present at the hearing to oppose the request
and the applicant agreed to all conditions and mitigation for the project. An adjacent
property owner was present who requested access from the R-2 property to his property; this
was added as a condition of approval by the Planning Commission and agreed to by both
the applicant and the neighboring owner.
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 November 10, 2010, in accordance with CEQA.
JE:CG\\S:\GPAs\GPA 4th 2010\10-0488\Staff Reports\Admin Report 10-0488.doc
F „ ,
ADMINISTRATIVE REPORT
Baer u*
/FO
MEETING DATE: February 16, 2011 AGENDA SECTION: Dc-(cr e-d buscnes,S
ITEM: 10. OL.
TO: Honorable Mayor and City Council AP ROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 'I
DATE: February 1, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1681 to order the vacation of 27th Street between the
east right-of-way of Chester Avenue and the west right-of-way of "V Street, and a
portion of the north south alley between 28th Street and 26th Street. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution
BACKGROUND: This Resolution of Intention was brought before Council at the Jaunary 12,
2011 meeting. As background, the City received a request to vacate 27th Street between the
east right-of-way of Chester Avenue and the west right-of-way of "V Street, and a portion of
the north south alley between 28th Street and 261h Street. This vacation had been requested by
San Joaquin Community Hospital in preparation for a redevelopment project on the adjacent
property to the vacated area. Initially four letters of opposition were received regarding this
proposed vacation. Two of the opposition letters were rescinded by the time of the January
12th Council meeting. The two opposition letters that were not rescinded were from Mr.
Michael Passaglia and Mr. Michael Daillak.
This vacation request was returned to staff at the January 12th Council meeting to resolve
concerns raised by Mr. Michael Passaglia, owner of All American Carpet at 2718 Chester
Avenue. On February 2, 2011, San Joaquin Hospital informed City staff that the Hospital had an
additional meeting with Mr. Passaglia which resolved the issues raised by this property owner.
Mr. Passaglia has submitted a letter withdrawing his objections to the vacation of 27th Street
and alleyways. The letter rescinding the property owner's objection is included with the
backup to this Administrative Report.
One opposition to this proposed vacation remains from Mr. Michael Daillak, owner of rental
property at 2713 & 2715 "L" Street and 1300 27th Street. Mr. Daillak's issues are in regards to
aesthetics and diminished property values due to the vacation and Hospital project. However,
it is important to point out that Mr. Daillak's property does not require access to 27th Street or
the alleys. In addition, Mr. Daillak's property is not part of the area to be vacated. Larry
Moxley, representing San Joaquin Hospital, has advised staff that a meeting was held with Mr.
Daillak to request withdrawal of his opposition. The results of that effort are inconclusive at this
time. Staff will advise the Council if we receive more information.
The following narrative was provided as part of the January 12, 2011 Administrative Report and
is included again in this Administrative Report for additional background information:
February 1, 2010; 8:51 AM
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ADMINISTRATIVE REPORT
Preliminary notices were mailed to all adjacent property owners within a minimum 300 - foot
radius of the proposed vacated area. Public Works has received four letters in opposition from
these owners as of the date of this report. The letters of opposition are attached. The
applicant has contacted and met with these property owners and addressed their concerns.
The City has received two letters from these property owners withdrawing their opposition.
These letters are also attached. Also attached is a site plan showing access from the north
alley to Chester Avenue as agreed upon by the owner of 2718 Chester Avenue. The property
owner of 1300 27th Street, 2713 and 2715 "L" Street still is not in favor.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there are existing City infrastructure in this area.
The City will reserve a Public Utility Easement (PUE) over the vacated area.
The utility companies serving the area have been notified by mail. There has been no
objection as of the date of this report.
On November 17, 2010 the Planning Department found the proposed vacation of 27th Street
between the east right-of-way of Chester Avenue and the west right-of-way of "K" Street, and
a portion of the north south alley between 28th Street and 26th Street to be consistent with the
Metropolitan Bakersfield General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines
because there is no possibility that the action may have a significant
environment.
Staff recommends adoption of the Resolution.
/mm
the California
s (general rule),
effect on the
February 1, 2010; 8:51 AM
G:\GROUPDAT\ADMINRPT\2011\02-16\27T" STREET VACATION
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ADMINISTRATIVE REPORT
MEETING DATE February 16, 2011 AGENDA SECTION: Closed Session
ITEM: 11,4..
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V6
DATE: January 13, 2011 CITY ATTORNEY Ve
CITY MANAGER
SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6.
VG:Isc
S:\COUNCIL\CI Sess\Admins\10-1 l\2-16-10LaborNeg.docx
MEETING DATE: February 16, 2011 AGENDA SECTION: RzpoH-5
ITEM: (q.a,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: February 7, 2011
SUBJECT: Mid-Year Budget Adjustments
APPROVED
DEPARTMENT HEAD -4/J
CITY ATTORNEY O-
CITY MANAGER '65
1. Appropriate $750,000 Federal (FEMA) disaster recovery revenue ; Appropriate $187,500 State
(Cal-EMA) disaster recovery revenue; and Appropriate $462,500 City Fund Balance to various
funds and departments (as detailed on the attached spreadsheet) to fund unanticipated
emergency response costs and related repair work necessary due to the Winter Storm
December 2010 event. Estimated costs of the event total $1,400,000;
2. Appropriate $1,000,000 PG&E Rebate revenue and $1,600,000 Wastewater Fund Balance to
the Public Works Operating Budgets within the Wastewater Funds (plant # 2 and # 3) to cover
increased plant operating costs;
3. Appropriate $160,000 Federal Grant Revenue and $74,750 General Fund Balance to the Fire
Department Operating Budget within the General Fund to reconcile staffing reduction actions
taken earlier in the fiscal year; and
4. Transfer $10,656 from Assessment District #05-3 (Liberty IlNillage Green/Tesoro-
Encanto/Lin/Rider/Diamond Ridge) to Assessment District #05-1 (City in the Hills) to correct a
revenue coding error made in a prior fiscal year.
RECOMMENDATION: Staff recommends approval of the Appropriations and Transfers.
BACKGROUND:
Several Mid-Year budget amendments are being requested at this time in response to the Winter Storm
December 2010 event and higher than anticipated operating costs at our wastewater plants. A transfer
between two Assessment Districts is also being requested to correct an error made in a prior reporting
period. Approval of these items will minimize the potential for year-end audit variances and better
reflect accounting for events that were not anticipated when the budget was originally adopted. Each
action item listed above is explained in greater detail in the balance of this report.
Item # 1: The winter storm event that took place in late December 2010 required the City to respond to
extraordinary circumstances with significant amounts of both staff and operating resources. Federal
and State agencies have both declared the event a natural disaster, thereby providing the opportunity
February 8, 2011, 5:07PM
SAAdminlAdmin ReportsWdmin - Mid year budget adj feb 2011.doc
ADMINISTRATIVE REPORT
for the City to receive reimbursement for a large portion of the costs incurred for response efforts,
clean-up operations and repairs to damaged public facilities. Overtime costs for City staff during the
event were approximately $260,000. Rental of water pumps and other equipment, along with purchase
of water pipe, water hose, sand bags, etc. was approximately $515,000. Anticipated repair costs to
public facilities such as drainage basins, city streets and irrigation canals are estimated at $625,000.
While City staff will file for reimbursement of all eligible costs, the Federal and State rules of what
constitutes an "eligible cost" are fairly narrow in scope and we conservatively estimate that about $1.0
million of the total $1.4 million estimated costs will meet the applicable guidelines. The Federal Agency
(FEMA) will reimburse 75% of eligible costs; and 75% of $1.0 million is $750,000. The State Agency
(Cal-EMA) will reimburse 75% of the remaining 25% of costs ( or 18.75%); so the calculation is 18.75%
of $1.0 million, which is $187,500. Total FEMA / CaIEMA reimbursement funding equates to 93.75% of
estimated eligible costs. The City is responsible for the remaining 6.25% of eligible costs as well as
100% of those costs that are deemed ineligible for reimbursement. We are requesting the remainder
of these City costs be budgeted from Water and Wastewater Enterprise Fund Balances, as these two
groups are responsible for the storm drains, drainage sumps and canals that played a primary role in
the storm event. A spreadsheet is attached that details the budgetary actions being requested.
Item # 2: Both the Wastewater Plant #2 and Plant # 3 have incurred significant operational costs that
either have or will exceed original budget estimates. The Plant # 2 cogeneration engine was
unavailable to produce energy to offset electrical demand due to significant down-time for required
engine repairs. As a result, the electricity bill at Plant # 2 is much higher than anticipated and we are
requesting to add $200,000 to that line item, with fund balance as the funding source.
As you all know Plant # 3 recently completed an expansion project which not only doubled the capacity
of the operation, but it also added improved odor control processes and other upgrades to the operation
as a whole. The 2010-11 budget is the first year of operation under the new plant design and several of
the operational expense line items need amendment. Utility bills for electricity, water and natural gas
are running much higher than anticipated, partly because this is the first year of operation and staff was
working with estimates, and partly because the cogeneration engine at Plant # 3 was not in operation
for much of the current fiscal year. The requested budget increase to the utility line items is $1.6
million. The cost of chemicals required for proper treatment of the water flow was also underestimated
and staff is requesting a budget increase of $500,000 for this line item. There have also been
unanticipated repair and maintenance costs of approximately $300,000.
On a positive note, the Wastewater plant received a $1.0 million incentive/rebate payment from PG&E
which was not anticipated when the original budget was prepared. Staff is recommending the $1.0
million rebate payment be used to offset some of the operating cost adjustments, with the remainder of
the budget adjustments ($1.4 million) to be covered with fund balance as the funding source.
Additionally, the recent Solar energy project currently under construction at Plant # 3 should provide
some welcome relief to future years electricity bills at the plant.
Item # 3: During the budget adoption discussions back in June 2010 there were some last minute
adjustments made to the Fire Department staffing levels in order to keep Station # 14 open and to
retain four (4) firefighters on each of the ladder trucks. Part of that action was to transfer $222,000 of
Self Insurance funds to the General Fund. Specific Council action was taken to include that transfer
into the adopted budget. However, there were two other funding components considered as part of the
staffing issue that, due to staff oversight, were not presented to Council as an official budgetary action.
February 8, 2011, 5:07PM
S:AdminAdmin ReportsAdmin - Mid year budget adj feb 2011.doc
ADMINISTRATIVE REPORT
Staff had identified a $160,000 Federal Grant revenue which had not been entered into the budget as a
revenue source. This grant funding pays for one Fire Battalion Chief and was therefore considered as
one of the balancing components of the staffing discussion. Additionally, fire staff identified $74,750 of
operating "savings" that was also considered during the discussions.
While the overall staffing and funding concept was approved by Council several months ago, the
technical budget and accounting actions of re-establishing Fire staffing levels and salary budgets were
not presented as a clear and direct action item. So, out of an abundance of caution in following
standard budget guidelines, which are subject to annual audit review, staff is requesting Council
approval of the above referenced budget adjustments to the Fire Department Operating Budget within
the General Fund.
Item # 4: When Assessment Districts are originally formed their boundaries often contain large
undeveloped sections of land that are later subdivided as development of the area progresses. When
the parcel is divided up from one large lot into multiple residential lots, the Assessment District lien has
to be "re-apportioned", or re-spread from the one lot to the multiple lots.
During a reconciliation process of developer payments made related to land "re-apportionments", staff
discovered a payment was receipted into the wrong Assessment District. Had this error been
discovered in the same fiscal year that it occurred it would have been corrected at the staff level.
However, since the error was not discovered until recently and the error occurred in a prior fiscal year,
the only way to "fix" the error is to transfer the cash received to the proper Assessment District fund.
The transfer of cash from one fund to another requires an action of the City Council. We are therefore
requesting Council approval to correct the account coding error as a matter of proper compliance with
our administrative rules and regulations.
February 8, 2011, 5:07PM
S:Wdmin\Admin ReportsAdmin - Mid year budget adj feb 2011.doc
City of Bakersfield - Mid Year Budget Adjustments - Detail by Fund
for City Council Consideration at the February 16, 2011 Meeting
General Gas Tax Transp. Dev. Wastewater Solid Waste Ag Water Equipment
Item # 1: Winter Storm Event Fund Fund Fund Funds Fund Fund Mgt. Fund Totals
Estimated Revenues:
Federal (FEMA) Funds 123,000 4,500 4,500 431,250 33,000 97,500 56,250 750,000
State (Cal-EMA) Funds 30,750 1,125 1,125 107,810 8,250 24,375 14,065 187,500
City Fund Balance 10,250 375 375 235,940 2,750 8,125 204,685 462,500
Total Sources 164,000 6,000 6,000 775,000 44,000 130,000 275,000 1,400,000
(0) (0) _
Appropriations:
Overtime / Callback Pay:
Information Technology 2,000 2,000
Police 45,000 45,000
Fire 5,000 5,000
Public Works 76,000 6,000 6,000 40,000 35,000 5,000 10,000 178,000
Recreation & Parks 30,000 30,000
Subtotal - Overtime / Callback 158,000 6,000 6,000 40,000 35,000 5,000 10,000 260,000
Equipment Rental &
other Outside Services 185,000 9,000 194,000
Repair & Maintenance 460,000 125,000 585,000
Materials & Supplies 6,000 90,000 135,000 231,000
Equipment Purchase 130,000 130,000
Total Uses 164,000 6,000 6,000 775,000 44,000 130,000 275,000 1,400,000
S:\Admin\Admin Reports\mid year bud adjust feb 2011Sheetl 2/5/201112:02 PM
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ADMINISTRATIVE REPORT
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IF
MEETING DATE: February 16, 2011 AGENDA SECTION: New Business
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HE
DATE: February 10, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Mill Creek Sister City Gardens Phase I & II and Mill Creek Plaza Mill House (Ward 2)
1. Resolution authorizing execution of Agreement with Bakersfield Redevelopment
Agency for repayment of costs incurred by the City associated with certain
Agency funded Capital Improvements (Old Town Kern-Pioneer Redevelopment
Project Area).
2. Agreement with Bakersfield Redevelopment Agency (Old Town Kern-Pioneer
Redevelopment Project Area) in the amount of $1,474.451.
3. Appropriate $530,000 Old Town Kern Redevelopment Fund Balance to the
Capital Improvement Budget within the Old Town Kern Redevelopment
Operating Fund for the Mill Creek Sister City Gardens Phase I and II and the Mill
Creek Plaza Mill House.
RECOMMENDATION:
Staff recommends adoption of resolution, and approval of agreement and appropriation,
BACKGROUND:
California Redevelopment Law allows any public body, including the City of Bakersfield, to aid
and cooperate in the planning, undertaking, construction, or improvement of redevelopment
projects (Section 33220 of the California Health and Safety Code). The Bakersfield
Redevelopment Agency desires assistance and cooperation from the City in construction of Mill
Creek Linear Park Sister City Gardens and Mill House.
The Sister City Gardens involves new landscape improvements on two different site locations
adjacent to Mill Creek Linear Park near 18th Street. The landscaping has been chosen to reflect
the type of landscaping that reflects the Sister City culture and region that is being represented
at each site.
The Mill House will be a 19th Century style Mill House with an operational wheel in Mill Creek Linear
Park at 171h Street, The Mill House will be the icon feature of Mill Creek Linear Park, creating a
setting reminiscent of the historic flour mill formerly located in the same vicinity. The design plans
are nearing completion and will be ready to go out to bid in late March. For there to be
sufficient funds to complete this project, Council will need to appropriate $530,000 from the Old
S:\Admins\City Council\City Council Admins 2011\Mill Creek Sister City Gardens Phase I And II And Mill Creek Plaza Mill House.Doc
2/10/2011 8:39 AM
ADMINISTRATIVE REPORT
Town Kern Redevelopment Fund Balance
Town Kern Redevelopment Operating Fund
shown below;
Page 2
to the Capital Improvement Budget within the Old
The project will be funded using several sources, as
Proposition 1C funds $1,526,200
Matching redevelopment funds:
Old Town Kern previously budgeted funds - Propl C match $303,201
Old Town Kern previously budgeted redevelopment bonds-Prop 1C match 641,250
New appropriation from Old Town Kern
Redevelopment fund balance 530,000 1,474,451
Total cost $3,000,651
The park costs of $3,000,651 is based on the design and engineering estimates completed for
Phase 1 ($2,500,000) and a contingency for Phase 2 which includes 1 garden and green space on
property currently being acquired adjacent to the park.
Proposition 1C funds were awarded to the Agency from the State of California last year. The
State has assured staff these contractually obligated funds are not in jeopardy of being lost,
The resolution associated with this item makes certain findings that the proposed improvements
are consistent with both the Implementation Plan and the Redevelopment Plan for the Old Town
Kern-Pioneer Redevelopment Project Area.
The agreement associated with this item needs to be approved by both City Council and the
Redevelopment Agency. It is scheduled for action by the Redevelopment Agency at its
February 25 meeting. By approving this agreement, the City agrees it will construct the Mill Creek
Linear Park Sister City Gardens and Mill House, and the Agency will reimburse the City for the
actual costs incurred to construct those improvements. Approving this agreement will legally
obligate the necessary remaining matching RDA funds for the project and allow the City to
complete the design and construction of the project,
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2/10/20118:40 AM
cis
ADMINISTRATIVE
REPORT
c M
10
MEETING DATE: February 16, 2011 AGENDA SECTION: New Business
ITEM: IA. h.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD At-"'_.
DATE: February 10, 2011 CITY ATTORNEY
CITY MANAGER_
SUBJECT: South Mill Creek Commercial Village (Ward 1)
1. Resolution authorizing execution of Agreement with Bakersfield Redevelopment
Agency for repayment of costs incurred by the City associated with certain
Agency funded Capital Improvements (Southeast Bakersfield Redevelopment
Project Area).
2. Agreement with Bakersfield Redevelopment Agency (Southeast Bakersfield
Redevelopment Project Area) in the amount of $325,744,
3. Appropriate $325,744 Southeast Redevelopment Fund Balance to the Capital
Improvement Budget within the Southeast Redevelopment Operating Fund for
the South Millcreek.
RECOMMENDATION:
Staff recommends adoption of resolution, and approval of agreement and appropriation,
BACKGROUND:
California Redevelopment Law allows any public body, including the City of Bakersfield, to aid
and cooperate in the planning, undertaking, construction, or improvement of redevelopment
projects (Section 33220 of the California Health and Safety Code). The Bakersfield
Redevelopment Agency desires assistance and cooperation from the City in the implementation
and completion of improvements within and adjacent to South Mill Creek Commercial Village.
South Mill Creek Commercial Village is the 5.5 acres of Agency-owned land bounded by
California Avenue on the south, "P" / "Q" streets on the west, Mill Creek Linear Park on the east,
and the BNSF railroad tracks on the north. This area is key to the Agency's efforts to aid in the
continued revitalization of the area surrounding Maya Cinemas, McMurtrey Aquatics Center, and
Ice Sports Center, and Mill Creek Linear Park.
Although the property that comprises South Mill Creek Commercial Village has been cleared,
various improvements will need to be made to accommodate future development and
increased traffic in the area. These improvements involve the design, bidding, and construction
of curb and gutter: a parking lot: traffic signs and signals: and median improvements. In their
entirety, these improvements are estimated to cost between $750,000 and $1,000,000, It is
expected that a significant portion of these public improvements will require redevelopment
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assistance. To do so will require appropriation of $325,744 from the Southeast Redevelopment
Fund Balance to the Capital Improvement Improvement Fund within the Southeast
Redevelopment Operating Fund . This is the amount that remains unappropriated in the
Southeast Fund Balance as of June 2011 and can be used for this purpose.
The resolution associated with this item makes certain findings that the proposed improvements
are consistent with both the Implementation Plan and the Redevelopment Plan for the Southeast
Bakersfield Redevelopment Project Area,
The agreement associated with this item needs to be approved by both City Council and the
Redevelopment Agency. It is scheduled for action by the Redevelopment Agency at its
February 25 meeting, By approving this agreement, the City agrees it will construct the South Mill
Creek Commercial Village Improvements, and the Agency will reimburse the City for the actual
costs incurred to construct those improvements, Approving this agreement will legally obligate
the RDA funds for these improvements and allow the City to construct them.
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MEETING DATE: February 16, 2011 AGENDA SECTION: Consent Calendar
ITEM: Ijl~ r
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
February 9, 2011
Bakersfield Redevelopment Agency Down Payment Assistance Programs:
1) Resolution regarding the use of housing set aside monies (Parkview Cottages
Down Payment Assistance Program Old Town Kern-Pioneer Redevelopment
Project Area) outside the Downtown Redevelopment Project Area. (Ward 2)
2) Resolution regarding the use of housing set aside monies (Creekview Villas Down
Payment Assistance Program Southeast Bakersfield Redevelopment Project
Area outside the Downtown Redevelopment Project Area. (Ward 1)
3) Appropriate $225,000 Old Town Kern Redevelopment Project Area Low-Mod
Fund Balance to the Operating Budget within the Low-Mod Housing Fund for
Parkview Cottages Down Payment Assistance Program.
4) Appropriate $245,000 Southeast Redevelopment Project Area Low-Mod Housing
Fund Balance to the Operating Budget within the Low-Mod Fund for Creekview
Villas Down Payment Assistance Program.
5) Appropriate $465,000 Downtown Redevelopment Project Area Low-Mod Fund
Balance to the Operating Budget within the Low-Mod Housing Fund for
Creekview Villas Down Payment Assistance Program.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY AqP_
CITY MANAGER &
RK;UMMENDATION:
Staff recommends adoption of the Resolutions and approval of the appropriations.
BACKGROUND:
Community Redevelopment Law under Health and Safety Code Section 33000 et seq.; imposes
specific obligations on each redevelopment agency in responding to housing needs within their
jurisdiction by including the establishment of a Low- and Moderate-Income Housing Fund.
Redevelopment agencies shall reserve 20% of all taxes allocated to it for the purposes of
increasing improving and preserving the community's supply of low- and moderate-income
housing, Section 33334.2 also provides that an agency may use these funds inside or outside the
Redevelopment Project Area upon the adoption of a resolution by the legislative body that
states the use of the funds will be of benefit to the Redevelopment Project Area from which the
funds are being transferred.
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The Resolutions will provide for the use of housing set aside monies from the Downtown
Redevelopment Project Area to be used outside of the project area for Downpayment
assistance for both the Parkview Cottages located in the Old Town Kern Redevelopment Project
Area and the Creekveiw Villas located in the Southeast Redevelopment Project Area, This will
provide and maintain more affordable housing opportunities for homebuyers consistent with the
adopted Five-Year Implementation Plan and promote future commercial development in all
Redevelopment areas.
Appropriations will be used for Downpayment Assistance for the Parkview Cottages in the
amount of $225,000 from the Old Town Kern Redevelopment Project Area Low-Mod Fund; for the
Creekview Villas in the amount of $245,000 from the Southeast Redevelopment Project Area Low-
Mod Fund and $465,000 from the Downtown Redevelopment Project Area Low-Mod Fund, These
appropriations will be added to the existing downpayment programs and used for down
payment and closing cost assistance for both projects.
Approval of these Resolutions and appropriations will allow funds to be committed as listed
below:
Parkview Cottages:
Previously Funded:
Old Town Redevelopment Low-Mod Fund $384,919
Downtown Redevelopment Low-Mod Fund 49,100
Appropriation from:
Old Town Redevelopment Low-Mod Fund 225,000
Total Funding
Creekview Villas:
Previously Funded:
Southeast Redevelopment Low-Mod Fund $301,946
Appropriation from:
Southeast Redevelopment Low-Mod Fund 245,000
Downtown Redevelopment Low-Mod Fund 465,000
Total Funding
The Parkview Cottage project consists of 74 affordable housing units situated within the
downtown area. Phase I and II are now completed with 45 units sold to homebuyers. There are
29 units left in Phase III of the Parkview Cottages project to construct and sell, 2 of these units are
currently built and up for sale and 2 under construction. The funding will provide up to $35,000
per unit and pay for eligible down payment and closing costs to ensure the affordability of the
units, The loan term for the borrower will be a 30 year, deferred, 0% interest and require a 45 year
affordability covenant on the property.
The Creekview Villa project consists of 36 units of affordable townhomes located at the Southern
portion of Mill Creek Linear Park. 14 of the units are under construction in Phase I and are
expected to be ready for sale by the late spring. The funding will provide up to $50,000 per unit
and pay for eligible down payment and closing costs to ensure the affordability of the units. The
loan term for the borrower will be a 30 year, deferred, 0% interest and require a 45 year
affordability covenant on the property.
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MEETING DATE: February 16, 2011 AGENDA SECTION: New Business
ITEM: 16
Y
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD I
DATE: February 10, 2011 CITY ATTORNEY Q~
CITY MANAGER /l
SUBJECT: Transfer $395,000 in Bond Proceeds from Property Acquisition within the Capital
Improvement Budget in the Old Town Kern Redevelopment Fund to the 181h Street
Water Main and Line Extension Project in the vicinity of Central Park, (Ward 2)
RECOMMENDATION:
Staff recommends approval,
BACKGROUND:
Several large development projects are planned for the area around Central Park. These
include the 19th Street Senior Plaza (67 units) and the 19th Street Mixed Use Project (ten housing
units plus approximately 10,000 square feet of commercial space).
However, the water main that serves that area is undersized for the density of these proposed
projects. Without a new and enlarged water main, these 19th Street projects cannot move
forward, If, as hoped, the 19th Street projects spur additional nearby private sector
developments, these developments would prove to be difficult to build without adequate water
infrastructure.
To accommodate planned and future development in the area, a new water main needs to be
installed. Staff has received a water main extension agreement from Cal Water in the amount of
$395,000 for the cost to construct the enlarged water main,
On February 14, 2011, the Bakersfield Redevelopment Agency considered the agreement with
California Water Service Company to install an enlarged water main along 18th Street, California
Water Service Company will perform the work.
The use of property acquisition funds originally planned for acquisition of additional property at
17th Street for Mill Creek is no longer necessary as a different parcel was selected for Phase 2 of
the Sister City Gardens requiring less cost, The approval of this recommended transfer will
establish a project budget for the contract awarded to the California Water Service Company
by the Bakersfield Redevelopment Agency for the enlargement of the water main line on 18th
Street,
February 10, 2011, 8:52AM tc
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MEETING DATE: February 16, 2011 AGENDA SECTION: New Business
ITEM: 16. 6.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: February 10, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $469,256 Southeast Redevelopment Fund Balance to the Capital
Improvement Budget within the Southeast Redevelopment Operating Fund for
South Mill Creek Street Improvements, (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On October 11, 2010 the Bakersfield Redevelopment Agency approved a construction contract
with Wallace and Smith in the amount of $2,741,552 for street improvements needed for the
residential developments in South Mill Creek. Of this amount, $2,121,000 will be paid from
Proposition 1 C grant funds. Funds for the project have been reserved in the current Capital
Improvement Budget in the Southeast Redevelopment Project Area and have been
encumbered under the contract.
The South Mill Creek streets, utilities, sidewalks and landscaping was originally planned to be
completed in multiple phases as the housing developments commenced construction. Two of
the three planned housing developments are currently under construction. Positive progress is
occurring in the area and staff would like to continue that progress by encumbering the total
remaining funds required to compete all of the needed street improvements. Approval of the
appropriation will authorize staff to encumber the money by contract with Wallace and Smith
and help assure adequate funding is available to complete the project infrastructure, clean the
Agency owned site, and keep the Agency in compliance with the Prop. I C grant obligations.
Failure to do so would result in incomplete streets and landscape that has been designed for the
projects.
During the first phase of construction of the Creekview Villas housing development Wallace and
Smith discovered significant existing Brownfield conditions necessitating over excavation to a
depth of 20 feet to remove loose trash fill that impacted existing and proposed new sewer lines
as well as causing additional grading, testing and supervision costs for the project. In addition,
future Creekview Villas buildings 1 and 2 will require additional costs since those areas were not
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ADMINISTRATIVE REPORT
able to be excavated due to existing underground utilities. Since, the Agency is obligated to
transfer "clean" property to the developers, staff is preparing for a worst case scenario to address
the Brownfield conditions by including a contingency for over excavation and cleanup up
debris, hauling, importing and backfilling up to 11,600 cubic yards of dirt. The actual cost will be
determined on a time and material basis.
Approval of the appropriation will result in the following project budget;
Sources:
Proposition 1 C grant funds awarded for South Mill Creek Streets $2,121,000
Redevelopment tax increment and bond proceeds previously funded
For infrastructure improvements - match for Proposition 1 C $ 624,302
Previously funded Redevelopment budgeted resources for infrastructure
improvements for South Mill Creek - match for Proposition 1 C $ 371,933
• Appropriation from Southeast Redevelopment Fund Balance 469,256
Total Sources: $3,586,491
Uses:
Project Budget - Redevelopment Existing Contract Wallace & Smith $2,741,552
Previously funded Redevelopment Change Order No, 1 - SWPPP Plan $ 3,750
Previously funded Redevelopment Change Order No. 2-PG&E, AT&T utility work $ 0
• Proposed Redevelopment Agency Change Order No. 3 841.18
9
Total Uses: $3,586,491
The Bakersfield Redevelopment Agency will consider the Contract Change Order in the amount
of $841,189 for this project at a special meeting on February 25, 2011.
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10
MEETING DATE: February 16, 2011 T ANew Business
ITEM: I rj , f
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEADY
DATE: February 10, 2011 CITY ATTORNEY
CITY MANAGERS _
SUBJECT: 1. Appropriate $267,700 Downtown Redevelopment Fund Balance to the Capital
Improvement Budget within the RDA Downtown Operating Fund regarding
proposed capital improvements and equipment replacement at the Rabobank
Convention Center and Arena complex.
2. Transfer $285,000 from the operating budget to the Capital Improvement Budget
within the RDA Downtown Operating Fund regarding proposed capital
improvements and equipment replacement at the Rabobank Convention Center
and Arena complex and the 18th and Eye parking structure.
3. Amendment No, l to Agreement # 10-114 with Leverage Information Systems, Inc,
($35,526.62; revised not to exceed $350,000) to expand the scope of work to
include the installation of four (4) video surveillance cameras at the City's 181h and
Eye Street Parking Structure (Ward 2).
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Rabobank Convention Center and Arena complex has both deferred maintenance and
obsolete equipment issues that are eligible for redevelopment funding, The equipment to be
replaced is twelve to fifty years old, and includes the replacement of dilapidated boilers used for
heating the facility, lighting retrofit, abatement of asbestos, obsolete spotlights and video
equipment and the removal and replacement of a transformer. The equipment being replaced
is antiquated and aged from twelve to fifty years of age, The old equipment is not up to either
EPA nor San Joaquin Valley APCD standards and must be replaced. Public Works will be
responsible for bidding and securing this equipment and improvements.
Additionally, staff is proposing to replace security cameras at the 181h and Eye Parking Structure,
The improvements will provide deterrence to graffiti, vandalism and theft at the facility and
remove current blighting conditions, The new security cameras will be a component of the
Police Department new camera security system.
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As a result of actual Tax Increment receipts for 2009-10 exceeding budget estimates, the
Downtown RDA project area has unallocated fund balance of $267,700, Additionally, there is
currently $285,000 of funds budgeted in the Downtown operating outside services account
that will not be needed. Staff is requesting these funds be appropriated and transferred to the
capital improvement budget for qualified improvements to these public facilities. The total of
these funds, $552,700 will be used for the equipment and retrofits described above. A
detailed list of the improvements is attached,
On 08/11/2010 the City Council approved agreement 10-114 ($309,908.34) with Leverage
Information Systems, Inc, to implement a video surveillance system with cameras and supporting
infrastructure installed in 15 strategic locations within the core downtown area (east and west
between Union and H Street; north and south between 24th Street and California Avenue), The
agreement marked the initial phase of the project, with the intent of adding more camera
locations in the future as funding becomes available and as the need arises.
The security cameras at the 18th and Eye Street Public Parking Structure are antiquated,
substandard, and in need of replacement. City staff recommends that the existing security
cameras be enhanced by the addition of four (4) cameras compatible with the video
surveillance network currently being implemented by the Bakersfield Police Department (BPD),
The new cameras will monitor vehicle and pedestrian ingress and egress of the structure,
The video surveillance enabled by the network will provide real time intelligence, allowing the
BPD to move more safely and effectively to prevent crimes or interrupt crimes in progress. The
main monitoring and control for the proposed video system will be located at the Police
Department Headquarters building, located in the downtown area at 1601 Truxtun Avenue.
Funding for the initial project was provided through the 2007 CaIGRIP grant ($71,472.00 grant +
$71,472.00 asset forfeiture match already appropriated), the 0810 JAG/Byrne Congressional
Mandate grant ($54,809.34) and asset forfeiture ($112,155.00).
Amendment Number 1 to the Leverage Information Systems, Inc. Agreement 10-114 in the
amount of $38,000 is requested for the addition of 4 security cameras and their installation at the
18th and Eye Street garage bringing the total to the Leverage Informational Systems, Inc, contract
to $347,908.34.
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 2, 2011
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Couch,
Councilmembers Salas, Hanson, Sullivan,
Johnson
Absent: Councilmembers Benham, Weir
City Clerk Gafford announced that staff is removing Reports
Item 13.a. from tonight's meeting.
2. INVOCATION by Rabbi Schlanger, Chabad of
Bakersfield.
3. PLEDGE OF ALLEGIANCE by Vice-Mayor Couch.
Mayor Hall acknowledged the government class from
Ridgeview High School in attendance at the meeting to
learn about City government.
4. WORKSHOPS
a. Update on Capital Improvement Program
Budget.
Public Works Director introduced Civil Engineer
Ramming, who made staff comments and gave a
PowerPoint presentation.
5. PRESENTATIONS
a. Presentation by Mayor Hall of Certificates of
Appreciation to Nancy Vibe and John McAfee
acknowledging their efforts in graffiti removal
for their Northeast neighborhoods.
ACTION TAKEN
Ms. Vibe and Mr. McAfee accepted the
certificates and made comments.
Bakersfield, California, February 2, 2011 - Page 2
5. PRESENTATIONS continued ACTION TAKEN
b. Presentation by Mayor Hall of Proclamation to
Fire Chief Doug Greener, declaring February,
2011, Safely Surrendered Baby Month.
Fire Chief Greener accepted the Proclamation
and made comments.
C. Presentation by Vice-Mayor Couch of
Proclamation to John Surface, Operations
Division Manager, Hall Ambulance, honoring
the 40th Anniversary of Hall Ambulance Service.
Mr. Surface accepted the Proclamation and
made comments.
6. PUBLIC STATEMENTS
a. Ray Scott spoke regarding the Great American
Cleanup and the Greater Bakersfield Green
Expo, and invited everyone to participate on
April 9, 2011, at Yokuts Park.
7. APPOINTMENTS
a. Appointments of 4 Regular Committee
Members and 4 Alternate Committee
Members to the Keep Bakersfield Beautiful
Committee, due to the expiration of terms of
Isaiah Crompton and Jonathan Webster
(Ward 1); Leah Kay Carter and Margaret Maier
(Ward 3); Lyle Martin and Dorothy Vokolek
(Ward 4); and Kelly Bishop and Sheryl Graab
(Ward 7).
City Clerk Gafford announced that 11 applications
have been received for these positions.
Councilmember Salas nominated Jeremy Patrick
Wright, as the Regular Member representing Ward 1, to
a four-year term on the Keep Bakersfield Beautiful
Committee.
Vice-Mayor Couch announced that Councilmember
Weir nominated Jenifer Pitcher, as the Regular
Member representing Ward 3, to a four-year term on
the Keep Bakersfield Beautiful Committee.
Bakersfield, California, February 2, 2011 - Page 3
7.
APPOINTMENTS continued ACTION TAKEN
Item 7.a. continued
Vice-Mayor Couch nominated Jennifer Jordan, as the
Regular Member representing Ward 4, to a four-year
term on the Keep Bakersfield Beautiful Committee.
Councilmember Johnson nominated Brian David
Wargo, as the Regular Member representing Ward 7,
to a four-year term on the Keep Bakersfield Beautiful
Committee.
Motion by Vice-Mayor Couch to approve the Regular APPROVED
Member nominations to the Keep Bakersfield Beautiful AB BENHAM, WEIR
Committee.
Councilmember Salas nominated Sean Paul Battle, as
the Alternate Member representing Ward 1, to a four-
year term on the Keep Bakersfield Beautiful
Committee.
Vice-Mayor Couch announced that Councilmember
Weir nominated Ray Scott, as the Alternate Member
representing Ward 3, to a four-year term on the Keep
Bakersfield Beautiful Committee.
Vice-Mayor Couch nominated Dorothy Vokolek, as
the Alternate Member representing Ward 4, to a four-
year term on the Keep Bakersfield Beautiful
Committee.
Councilmember Johnson nominated Sheryl Lynn
Graab, as the alternate Member representing Ward 7,
to a four-year term on the Keep Bakersfield Beautiful
Committee.
Motion by Vice-Mayor Couch to approve the APPROVED
Alternate Member nominations to the Keep Bakersfield AB BENHAM, WEIR
Beautiful Committee.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 12, 2011
Regular City Council Meeting.
Bakersfield, California, February 2, 2011 - Page 4
8. CONSENT CALENDAR continued
Payments:
b. Approval of department payments from
December 30, 2010 to January 20, 2011 in the
amount of $20,363,915.40 and self-insurance
payments from December 30, 2010 to
January 20, 2011 in the amount of $800,367.74.
Ordinances:
C. Adoption of Ordinance amending Municipal
Code Section 1. 12.070 by adding Annexation
No. 613 consisting of 6.36 acres located south
of McKee Road, between Highway 99 and
Ellashosh Street; and, Annexation No. 626
consisting of 33.68 acres located along the
south side of Taft Highway, west of Highway 99,
east and west of Compagnoni Street to Ward 7.
(FR 01/12/11)
Resolutions:
d. Resolution confirming approval by the City
Manager designee 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 the demolishment
of dangerous buildings and authorize collection
of the assessments by the Kern County Tax
Collector.
e. Resolution approving transportation plan for the
evacuation of people with access and
functional needs.
f. Resolution to add territory, Area 5-61
(4505 Hughes Lane) to the Consolidated
Maintenance District and preliminarily
approving, confirming and adopting the Public
Works Director's Report and authorizing
collection of assessments by the Kern County
Tax Collector.
g. Resolution of Intention No. 1686 to add territory,
Area 2-46 (4701 Stine Road) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
ACTION TAKEN
ORD 4640
RES 006-11
RES 007- I 1
RES 008-11
ROI 1686
Bakersfield, California, February 2, 2011 - Page 5
8. CONSENT CALENDAR continued
h. Amendment No. 7 to Agreement No. 97-39 with
California Public Employees' Retirement System
(CaIPERS).
1. Resolution of Intention to approve an
amendment to the contract with
California Public Employees' Retirement
System.
2. First Reading of Ordinance authorizing
an amendment to the contract with the
Board of Administration of the California
Public Employees' Retirement System to
provide Section 21548 (Pre-retirement
Option 2W Death Benefit) for local fire
members and Section 20475 (Different
Level of Benefits); Section 21362 (2% @ 50
Full Formula) and Section 2037 (Three
Year Final Compensation) for local safety
members entering membership for the
first time in the safety classification after
the effective date of this amendment.
Agreements:
Kern River Parkway:
1. Agreement with Norcal Holding and
Management ($177,600) to purchase
real property located at 4301 Chester
Avenue for the Kern River Parkway.
2. Appropriate $180,000 Agricultural Water
Fund Balance to the Water Resources
Department Capital Improvement
Budget.
Agreement with Wilson & Associates (not to
exceed $109,200) to provide continuing
disclosure services for various Special
Assessment Districts.
k. Agreement with Kenneth Mebane Ranches
($1,000 per month) to lease real property
located north of Highway 178 and south of
Rancheria Road for a radio communications
facility.
ACTION TAKEN
RES 009-11
FR
AGR 11-005
DEED 7429
AGR 11-006
AGR 11-007
Bakersfield, California, February 2, 2011 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
1. Agreement with The Omega Group ($89,890) to
install, customize and provide support for the
Crimeview Crime Analysis Software.
M. Agreement with Jeff Wanamaker; James L.
Leonhard and Robin C. Leonhard; Masonic
Homes of California; John R. Mathie; Marshall
Plan, Ltd.; Edwin Leroy Tolles; Mary Anne Garner
Frisone; James E. Munson and Cherron G.
Munson; Gayle Garner Roski; Patricia Burns
Gebhardt; Charles B. Randall; Judy Shultis
Steffens; Clarita J. Schultis; James A. Shultis;
Kerminette S. Bonney; Annetta S. Lee; Annetta
Lee; Kerminette S. Bonney and George W.
Bonney, II; Tucker Garner; Janette Garner;
Charles W. Bozarth and Anne Lane Bozarth;
Tomi Bloemer; Optomists Boys Home and
Ranch; Northern Trust; RRR Custody; Ralph B.
Tippet; Cornelia M. Bell; Laurie Link Wallace;
and, Robert James Rudolph ($4,150,000) for
Westside Parkway - Phase 4 (Truxtun Tie-in)
Project. (TRIP)
n. Agreement with Sacramento River Ranch, LLC
($348,000) for the purchase of conservation
credits which is required for the construction of
the Westside Parkway - Phase 4 (Truxtun Tie-in)
Project. (TRIP)
Bids:
o. Accept low bid and award contract to MGE
Underground, Inc. ($4,644,222.40) to construct
the Westside Parkway - Phase 6A (Utility
Relocation) Project in preparation for the
Phase 6B (Allen Road Interchange) Project.
(TRIP)
P. Traffic signal and lighting system installation at
Hosking Avenue and Wible Road project:
1. Accept bid and approve contract to
Granite Construction Co. ($240,976.50)
for the project.
2. Appropriate $50,000 Transportation
Development Fund balance to the
Public Works Department Capital
Improvement Budget.
AGR 11-008
AGR 11-009
DEED 7430
AGR 11-010
AGR 11-011
AGR 11-012
Bakersfield, California, February 2, 2011 - Page 7
8.
CONSENT CALENDAR continued ACTION TAKEN
q. Accept bid from Lehr Auto Electric
($270,742.50) for 200 Panasonic vehicle
mounted display and keyboards for the Police
Department.
r. Four door police special sedans for the Police
Department:
1. Accept bid from Jim Burke Ford
($675,628.51) for 30 replacement four
door police special sedans.
2. Appropriate $881,630 Equipment
Management Fund Balance to the
Public Works Operating Budget within
the Equipment Management Fund to
purchase and outfit sedans.
Miscellaneous:
Revised job specifications for Deputy City
Attorney I, Deputy City Attorney II and Service
Maintenance Worker.
Appropriate $600,000 CalHome Grant Funds to
the Economic and Community Development
Operating Budget within the CalHome Program
Fund for a City-wide Downpayment Assistance
Program for income eligible homebuyers.
9.
10.
U. Appropriate $27,438 Federal Grant Revenue
and $7,431 Fund Balance to the Fire
Department Operating Budget within the
Metropolitan Medical Response System (MMRS)
Fund.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar items 8.a. through 8.u AB BENHAM, WEIR
CONSENT CALENDAR PUBLIC HEARINGS
None.
HEARINGS
None.
Bakersfield, California, February 2, 2011 - Page 8
11. 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:
Canyons, LLC, et al v. City; KCSC Case
No. S-1500-CV-268547 AEW; 5'h District
Court of Appeals No. F053439.
2. John M. Tarabino, et al v. City; KCSC
Case Bi, S-1500-CV-257620 SPC.
ACTION TAKEN
City Clerk Gafford announced there was a
typographical error on the Case No. for Item 13.a.1.
Motion by Vice-Mayor Couch to adjourn to Closed APPROVED
Session at 5:58 p.m. AS BENHAM, WEIR
Motion by Vice-Mayor Couch to adjourn from Closed APPROVED
AS BENHAM, WEIR
Session at 6:42 p.m.
RECONVENED MEETING AT 6:48 p.m.
12. 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:
1. Canyons, LLC, et al v. City; KCSC Case NO REPORTABLE
No. S-1500-CV-268547 AEW; 591 District ACTION
Court of Appeals No. F053439.
2. John M. Tarabino, et al v. City; KCSC NO REPORTABLE
Case Bi, S-1500-CV-257620 SPC. ACTION
13. REPORTS
a. Review of retiree medical liabilities and annual REMOVED FROM
valuation report. AGENDA
14. DEFERRED BUSINESS
None.
15. NEW BUSINESS
None.
Bakersfield, California, February 2, 2011 - Page 9
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Salas asked staff to look at the
possibility of implementing a live chat forum for the
members in the community who follow the City
Council meetings on KGOV, either at home on their
television sets or online via the Web, where people
can have an opportunity to have their requests asked
and answered, referred this matter to the Legislative
and Litigation Committee, and requested that staff's
analysis and recommendations be available for
his review prior to being placed on the Committee
agenda.
Vice-Mayor Couch asked staff to prepare a response
to The Californian regarding a recent Community
Voices letter to the editor about redevelopment
agencies and the State budget, as well as the Padre
Hotel, in order to clear the air and clean up the record
a bit.
Councilmember Sullivan commended Solid Waste
Superintendent Moretti for his recent Community
Voices letter bringing attention to the public the
problem our community has with graffiti, trash and
litter and acknowledging the work of the many
volunteers who give of their time to help clean up our
City.
Mayor Hall commended Sgt. Johnson, and Officers
Wells and Enns, in the Traffic Division of the Police
Department for their efforts at the green waste facility
by issuing 20 citations for uncovered loads.
Mayor Hall thanked Vice-Mayor Couch for the
recognition he gave to Hall Ambulance earlier.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 6:55 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
ACTION TAKEN
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield