Loading...
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 ~yta Aur ~ ~!Cn 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 G:\GROUPDAT\ADMINRPT\2010\02-16\Adm in_Rpt_Speeds_Feb2011.docx 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 S:\Dana\ADMINS\201 ITEM246-Weed Abatement Demo.doc 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 S:\Dana\ADM1NS\201 ITEM2-16-Weed Abatement Demo.doc 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 SADana\ADM1NS\201 ITEBU-16-Weed Abatement Demo.doc 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 SADana\ADM1NS\201 ITEBU-16-Weed Abatement Demo.doc 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. ;9F B n x4 .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 A 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 dls 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. S:\Admins\City Council\City Council Admins 2011 \Arena & Parking Hearing Funding.doc 2/10/2011 8:22 AM ds A U d t 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 G:\GROUPDAT\ADMINRPT\2011\02-16\27T" STREET VACATION 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 A 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 BA ADMINISTRATIVE REPORT c~* 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, S:\Admins\City Council\City Council Admins 2011 Will Creek Sister City Gardens Phase I And II And Mill Creek Plaza Mill House.Doc 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 S:\Admins\City Council\City Council Admins 2011 \South Mill Creek Commercial Village_l.Doc 2/10/20119:14 AM ADMINISTRATIVE REPORT Page 2 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. S:\Admins\City Council\City Council Admins 201 1 \South Mill Creek Commercial Village_1.Doc 2/10/20119:16 AM ds A Wo s f~ ADMINISTRATIVE REPORT NO 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. SAAdmins\City Council\City Council Admins 2011\Of Benefit Parkview & Creekview CC. Doc ds ADMINISTRATIVE REPORT Page 2 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. S:\Admins\City Council\City Council Admins 2011 \Of benefit Parkview & Creekview CC.doc 2/9/2011 2:29 PM ds ywvon,r ADMINISTRATIVE REPORT w,IY A 0 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 S:\Admins\City Council\City Council Admins 2011 \California Water Service 02161 l.docx A WON ADMINISTRATIVE REPORT '^MRY 1L♦ IFO 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 S:\Admins\City Council\City Council Admins 2011\Smcstreetimpr mtswallace And Smith2162011.Docx February 10, 2011, 9:04AM DWH 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. S:\Admins\City Council\City Council Admins 2011\Smcstreet1mprvmtswallace And Smith2162011.Docx February 10, 2011, 9:04AM DWH A O~ wu S U Ly ADMINISTRATIVE REPORT 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. S:\Admins\City Council\City Council Admins 2011 \Admin #2 For Arena Improvements. Doc 2/9/2011 5:49 PM ADMINISTRATIVE REPORT Page 2 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