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HomeMy WebLinkAbout06/29/11 CC_AGENDA_PACKETb BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JUNE 29, 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 Pastor Curtis Jenkins, TriStone Missionary Baptist Church. 3. PLEDGE OF ALLEGIANCE by Ryley Fick, 6th grade student, Almondale Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a trophy to David Austin Wright, Highland High School graduate, for 13 years of perfect school attendance, and certificates to high school students ranked number one in their graduating classes in the Greater Bakersfield area by the Kern High School District. b. Presentation by Mayor Hall of Proclamation to Dianne Hoover, Recreation & Parks Director, proclaiming July, 2011, Recreation & Parks Month. 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 8, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from May 26, 2011 to June 16, 2011 in the amount of $23,363,179.73 and self-insurance payments from May 26, 2011 to June 16, 2011 in the amount of $671,403.62, totaling $24,034,583.35. Ordinances: Resolutions: C. 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 authorize collection of the assessments by the Kern County Tax Collector. (word 2) d. Resolution authorizing the recording of an affordable housing covenant on the City owned property located at 408 and 424 20th Street as required for the State of California Prop 1 C grant for Mill Creek. 8. CONSENT CALENDAR continued (Ward 1) e. Resolution approving application for annexation of uninhabited territory to the City identified as Annexation No. 629 consisting of 2.75 acres located at the southwest corner of Wilson Road and S. Union Avenue. f. Resolution authorizing sale of surplus light bars and sirens to the City of McFarland Police Department for $20.00. g. Resolution authorizing sale of surplus mobile and portable radios to the City of McFarland Police Department for $240.00. h. Resolution authorizing the Police Department to accept funding ($50,000) made available through the Grant Assistance Program (GAP) of the California Department of Alcoholic Beverage Control (ABC). (ward 4) i. Disposal of real property located west of Canteria Drive: 1. Resolution declaring real property surplus to the needs of the City. 2. Quitclaim Deed to Juliana's Garden, LLC conveying excess land. (Ward 1) j. Disposal of real property located south of California Avenue and east of Owens Street: 1. Resolution declaring real property surplus to the needs of the City. 2. Agreement with Gryphon Capital, LLC ($272,000) for purchase of land. (ward 4) k. Hooper Avenue & Kimberly Avenue Planned Sewer Area: Resolution of Intention No. 1692 to establish the Hooper Avenue & Kimberly Avenue Planned Sewer Area and preliminarily approving the boundaries of the area and the cost and fee schedule. 2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities by adding the Hooper Avenue and Kimberly Avenue Planned Sewer Area. (ward 1) I. Resolution of Intention No. 1693 to add territory, Area 5-62 (3001 Gateway Avenue) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. Agreements: (Ward 3) M. Landscape Improvement Agreements with D. R. Horton, Los Angeles Holding Co., Inc. for Tract No. 6406 Phase 6, 7 & 8 located east of Vineland Avenue and south of Panorama Drive. n. Contract for legal services regarding water related matters: 1. Agreement with Duane Morris, LLP, for fiscal years 2011/2012 ($750,000), 2012/2013 ($875,000), and 2013/2014 ($1,000,000). 2. Appropriation of $750,000 ($375,000 Agricultural Water Fund Balance and $375,000 Domestic Water Fund Balance) to the Water Resources Department Operating Budget to pay legal fees for year one of the agreement. City Council Meeting of 06/29/2011 8. CONSENT CALENDAR continued (Ward 1) o. Amendment No. 2 to Agreement No. 07-312 with PCL Industrial Services, Inc. ($136,800) for ground lease at the Municipal Airport, 2000 S. Union Avenue. (Ward 2) p. Amendment No. 1 Agreement No. 11-050 with Leslie's Poolmart, Inc. (extending completion date-no increase) for the commercial pool heater replacements at McMurtrey Aquatic Center. Bids: q. Accept bid and approve annual contract to Safeway Sign Co. (not to exceed $75,343.14) for traffic signals. (Ward 2) r. Accept bid and approve contract with Pacific West Sound, Inc. ($48,273.79 for amplifier replacement at the Rabobank Arena. (Ward 6.7) s. Pavement Rehabilitation 2011 Phase 3 - Pacheco Road from Akers Road to Wible Road; Pacheco Road from Hughes Lane to S. H Street: 1. Accept base bid and Additive Alternate No. 1 and approve contract with Granite Construction Co. ($1,207,708) for project. 2. Appropriate $268,980 Federal Surface Transportation Funds to the Public Works Department Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $34,849 additional Gas Tax revenues to the Public Works Department Capital Improvement Budget within the Gas Tax Fund for the local match requirement. (Ward 6) t. Pavement Rehabilitation 2011 Phase 2: Stine Road from Pacheco Road to White Lane: Accept bid and approve contract with Granite Construction Co. ($1,611,888) for project. 2. Appropriate $378,492 Federal Surface Transportation Funds to the Public Works Department Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $49,037 additional Gas Tax revenues to the Public Works Department Capital Improvement Budget within the Gas Tax Fund for the local match requirement. U. Accept bid from Fireblast 451, Inc. ($111,919) for the purchase of a portable car fire training prop for the Fire Department. V. Accept bid from Fireblast 451, Inc. ($88,104) for the purchase of a portable flammable liquids training unit for the Fire Department. Miscellaneous: W. Revised job specifications for Associate Attorney - # 88250. City Council Meeting of 06/29/2011 8. CONSENT CALENDAR continued (Word 1,2) X. Neighborhood Stabilization Program (NSP3): 1. Approval of Department of Housing & Urban Development (HUD) Action Plan Amendment No. 6 (FY 10/11) & Consolidated Plan 2010 Substantial Amendment for Neighborhood Stabilization Program funds. 2. Appropriate $3,320,927 Neighborhood Stabilization Program (NSP3) funds to the operating budget in the Neighborhood Stabilization Program Fund to assist with abandoned, foreclosed and vacant properties. Staff recommends adoption of Consent Calendar items 8.o. through 8.x. 9. CONSENT CALENDAR PUBLIC HEARINGS 10. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Trammell v. Bakersfield Water Dept. - Industrial Relations Case No. 20797-SDRCI, b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(C) of Government Code Section 54956.9 (One matter). c. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 549569 (One potential case). RECESS TO CLOSED SESSION 11. CLOSED SESSION ACTION 12. HEARINGS 13. REPORTS a. Planning and Development Committee Majority and Minority Reports regarding a Proposed Cash Subsidy for Purchasers of Newly Construction Homes. The Majority Report recommends the City Council not adopt a pilot program to provide a cash subsidy for purchasers of newly constructed homes In the amount of$2500, available for a maximum of 250 building permits The Minority Report recommends the City Council adopt a pilot program to ,provide a cash subsidy for purchasers of newly construction homes in the amount of $2,500, available for a maximum of 250 building permits. 14. DEFERRED BUSINESS a. Fiscal Year 2011-12 Budget: 1. Resolution approving and adopting the City's Operating and Capital Improvement Budgets. 2. Resolution approving and adopting the Operating and Capital Improvement Budgets for the Bakersfield Redevelopment Agency. 3. Resolution establishing the City's appropriations limit. Staff recommends adoption of resolutions. 4 City Council Meeting of 06/29/2011 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 5 City Council Meeting of 06/29/2011 ~°'P AGENDA HIGHLIGHTS 6 - June 29, 2011 COUNCIL MEETING Item 8e. Resolution ap rp ovina an annexation application for property at the, southwest corner of Wilson Road and South Union Avenue. Located in Ward 1, this is a 2.75 acre parcel that includes a towing business and seven residential rental housing units. The annexation has been requested by Phillip and . Crista Dotson, the owners of the Golden Empire Towing, to bring it into the City limits. Because the County has determined that the full right of way of Wilson Road between the existing City boundary and Union Avenue should be included, it is necessary to include the residential parcel. The property owners of the residential parcel, Vincent Saldias and Elizabeth Crandall, were contacted regarding the proposed annexation and have expressed neither support nor opposition. Item 8j. Resolution and approval of agreement to sell surplus pro erty located south of California Avenue and east of Owens Street. In 2006, the Redevelopment Agency acquired three acres of commercially zoned land from the County Housing Authority. In 2010, the Agency conveyed one acre of the property to Clinica Sierra Vista to construct a dental clinic. Gryphon Capital, LLC wants to purchase the remaining property to develop a Family Dollar Store, which is a discount retailer. (The subject parcel was conveyed by the Agency to the City when the State threats began to abolish redevelopment agencies.) The sales price of $272,000 represents the fair market value of the property. Item 8n. Agreement with Duane Morris, LLP for legal services regarding water related matters. The City has previously contracted with the Duane Morris law firm under multiple agreements for individual cases and other matters and has received exceptional results from their services. This proposed agreement will cover all water related matters for the next 3 fiscal years, with the compensation at $750,000 for 2011/12, $875,000 for 2012/13, and $1,000,000 for 2013/14. This will eliminate the multiple contracts, and Duane Morris will handle all water related mattes assigned to them until the ultimate closure of the cases, including the appeal process. Also requested in this action is a $750,000 appropriation ($375,000 from the Agricultural Water Fund Balance and $375,000 from the Domestic Water Fund Balance) for the FY 2011 /12 outside legal costs under this agreement. R7 Items 8s. and 8t. There are contracts and appropriations ramps, modifying curb and loops. In addition, both are from local Gas Tax funds. two road rehabilitation projects for Council approval of the Both include pavement reconstruction, construction of access gutter, striping, pavement markings and traffic signal detector federally funded, with 88.53% RSTP and locally funded, 11.47%, Pacheco Road from Akers to Wible and from Hughes Lane to South H Street - The engineer's estimate for this project is $1,200,000. 3 bids were received, all acceptable; staff recommends award to the low bidder, Granite Construction, in the amount of $1,207,708. Additional federal funding obtained through KemCOG requires a local match. Appropriations of $268,980 in additional federal funding and $34,849 in additional gas tax revenues for the local match are requested. Stine Road from Pacheco Road to White Lane - The engineer's estimate for this project is $1,560.00. 3 bids were received, all acceptable; staff recommends award to the low bidder, Granite Construction, in the amount of $1,611,888.00. This project also received additional federal funding through Kern COG and also requires a local match. Appropriations of $378,492 in additional federal funding and $49,037 in additional gas tax revenues are requested. Item 8x. Amendment of HUD Action Plan for use of Neighborhood Stabilization Program (NSP31 Funds. The City received $3,320,927 of NSP3 funds in March, 2011 for the purchase and rehabilitation of abandoned, vacant or foreclosed residential properties and to demolish blighted structures. Having reevaluated the community need, staff is proposing to shift some of the funding from purchasing and rehabilitating existing residential units to redevelopment of vacant properties to focus on one large centrally located area of greatest need, which better complies with the intent of NSP3. That area is generally bounded by Chester Avenue to the west, 4th Street/Virginia to the south, the City limits to the east, and 34th/Bernard Street to the north. This will allow the option to focus on assisting vacant properties in the Mill Creek and Baker Street areas to continue the redevelopment that was impacted by the economic downturn and lending markets. Staff wishes to reallocate o total of $2,888,834 for that purpose, with the current allocation of $332,093 for demolition of blighted structures to remain unchanged: The appropriation of $3,320,927 in NSP funds to the NSP fund operating budget is also requested with this action. Due to potential changes, the appropriation was not requested when the original NSP3 Substantial Amendment was approved by the City Council in February, 2011. There will be a conference with legal counsel regarding one matter of existing litigation, one matter of potential litigation, and one matter regarding the initiation of litigation. REPORTS Item 13c. Planning and Development Committee Majority and Minority Re oorts regarding a Proposed Cash Subsidy for Purchasers of Newly Constructed Homes. The Committee has been reviewing the feasibility of providing incentives for new housing to spur the local economy. A proposal was introduced at the June 2, 2011 Committee meeting for the City Council to adopt a pilot program to provide a cash subsidy for purchasers of newly constructed homes in the amount of $2,500, up to a maximum of 250 building permits. The Majority Report recommends that the City Council not adopt the proposed program. The Minority Report recommends that the City adopt the proposed program. Agenda Highlights - June 29, 2011 Council Meeting Page 2 If the proposal is approved, the City Council will need to designate $625,000 ($2,500 x 250) to fund the program. The Council will also need to authorize the reallocation of funding from the proposed budget. That action will be done under Agenda Item 14a. 114"1144IIWM Item 14a. Fiscal Year 2011-12 Budget. This item includes the consideration of three separate Resolutions adopting the City of Bakersfield Operating and Capital Improvement Budget; the Bakersfield Redevelopment Agency Operating and Capital Improvement Budget; and establishing the City of Bakersfield Appropriations Limit. There are three Council recommended changes that are proposed to be incorporated under this action and one technical item from staff. Approved: Alan Tandy, City Manager cc: Department Heads ' City Manager's File City Clerk's File News Media File Agenda Highlights - June 29, 2011 Council Meeting Page 3 A p j U ADMINISTRATIVE REPORT awn. ae LIFO MEETING DATE: June 29, 2011 AGENDA SECTION: Presentations ITEM: y Q. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: June 17, 2011 APPROVED DEPARTMENT HEA~~ CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of trophy to David Austin Wright, Highland High School graduate, for thirteen years of perfect school attendance, and certificates to high school students ranked number one in their graduating classes in the Greater Bakersfield area by the Kern High School District. RECOMMENDATION: BACKGROUND: krt June 17, 2011, 9:29AM W:\MAYMADMIN\2011WIRST IN CLASS 2011.docx MEETING DATE: June 29, 2011 AGENDA SECTION: Presentations ITEM: i16, TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: June 17, 2011 APPROVED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of Proclamation to Dianne Hoover, Recreation and Parks Director, City of Bakersfield, proclaiming July, 2011, as "Recreation and Parks Month". RECOMMENDATION: BACKGROUND: ndw June 17, 2011, 9:32AM W:\MAYOR\ADMI N\201 1 \RECREATION AND PARKS MONTH.docx MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: S.q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk June 17, 2011 APPROVED DEPARTMENT HEAD-4-i6, ~ CITY ATTORNEY CITY MANAGER 5 Approval of Minutes of the June 8, 2011 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: nw MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM:'? I TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: June 16, 2011 CITY ATTORNEY CITY MANAGER S SUBJECT: Receive and file department payments from May 26, 2011 to June 16, 2011 in the amount of $23,363,179.73 and Self Insurance payments from May 26, 2011 to June 16, 2011 in the amount of $671,403.62, totaling $24,034,583.35. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: June 16, 2011, 3:03PM SAKim GWDMUCOUNCIL-ADMIN-AP-2011 WDMIN-AP 062911.doc MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: S.C. TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: June 10, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 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 authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on June 13, 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. 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 /Counclimember Salas 1. 3422 Anderson Street 172-102-37 $ 105.00 2. E. Berkshire Road 518-030-25 $ 1,494.00 3. 1015 Beryl Drive 022-163-05 $ 105.00 4. 901 Bradshaw Street 170-090-14 $ 1,405.00 5. 913 Casino Street 170-221-16 $ 105.00 6. 901 Chester Place 010-212-12 $ 105.00 7. 239 Clifton Street 018-410-23 $ 105.00 June 10, 2011, 1:37PM/kd S:\Dana\ADMINS\2011UUND6-29-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 /Counciimember Salas 8. 1820 Club View Drive 194-533-16 $ 105.00 9. 104 Donna Avenue 010-043-15 $ 105.00 10. 1537 El Rancho Place 011-362-21 $ 735.00 11. 813 Karma Court 171-223-15 $ 759.00 12. 821 Karma Court 171-223-13 $ 850.00 13. 905 Karma Court 171-223-11 $ 675.00 14. 1004 Kyner Avenue 412-171-37 $ 105.00 15. 931 M Street 009-151-04 $ 739.00 16. 3221 Oliver Street 170-200-52 $ 105.00 17. 901 E. Planz Road 172-121-01 $ 300.00 18. 511 Real Road 020-220-11 $ 300.00 19. 101 Reynosa Avenue 516-133-01 $ 733.00 20. South of 3701 E. Belle Terrace 173-200-09 $ 1,044.00 21. 809 Watts Drive 170-142-09 $ 300.00 22. 915 Watts Drive 170-132-09 $ 300.00 23. 1006 Watts Drive 170-221-07 $ 300.00 24. 404 S. Williams Street 019-082-14 $ 300.00 25. 600 E. 4th Street 139-291-04 $ 740.00 26. 1401 E. 9th Street 018-062-07 $ 300.00 27. 1408 E. 9th Street 018-061-30 $ 300.00 28. 1420 E. 9th Street 018-061-19 $ 105.00 29. 1509 E. 10th Street 018-061-12 $ 880.00 Ward 2/Counciimember Benham 30. 307 E Street 008-301-08 $ 300.00 31. 303 F Street 008-302-10 $ 300.00 32. 1101 Gage Street 015-340-18 $ 820.00 33. 1104 Gage Street 015-350-11 $ 694.00 34. 230 H Street 010-280-20 $ 750.00 35. 106 Jefferson Street 012-021-13 $ 700.00 36. 238 Jefferson Street 012-310-11 $ 670.00 37. 819 Kentucky Street 014-300-07 $ 829.00 38. 823 Kentucky Street 014-300-10 $ 829.00 39. 608 Montclair Street 020-374-12 $ 105.00 40. 316 Monterey Street 014-060-16 $ 1,028.00 41. 1010 Oregon Street 015-080-13 $ 980.00 42. 1206 Oregon Street 015-100-15 $ 950.00 43. 1220 Oregon Street 015-100-11 $ 300.00 44. 624 Quail Park Court 502-261-12 $ 699.00 June 10, 2011, 1:35PM/kd S:\Dana\ADM1NS\2011UUNE\6-29-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 2/Counciimember Benham APN COST 45. 2811 San Dimas Street 002-091-14 $ 300.00 46. 3129 San Dimas Street 002-051-15 $ 889.00 47. 1618 11 th Street 009-011-07 $ 105.00 48. 1427 E. 18th Street 017-220-07 $ 995.00 49. 506 28th Street 002-092-09 $ 1,020.00 Ward 3/Counciimember Weir 50. 10401 Bluffshadow Drive 386-434-04 $ 748.00 51. 10405 Bluffshadow Drive 386-434-03 $ 725.00 52. 4216 Bonaire Street 146-134-05 $ 300.00 53. 6704 Borah Peak Drive 386-411-06 $ 725.00 54. 5200 Eastridge Court 433-140-04 $ 689.00 55. 8406 Maple Grove Lane 451-532-03 $ 105.00 56. 10804 Patagonia Way 531-121-08 $ 105.00 57. 10809 Patagonia Way 531-122-04 $ 105.00 58. 5817 Pilar Way 531-133-04 $ 105.00 59. 8507 Rockport Drive 494-064-07 $ 105.00 60. 5917 Sucre Place 531-122-30 $ 105.00 61. 6003 Sucre Place 531-122-31 $ 105.00 62. 6007 Sucre Place 531-122-32 $ 105.00 63. 6011 Sucre Place 531-122-33 $ 105.00 64. 6015 Sucre Place 531-122-34 $ 105.00 65. 2661 Sunny Lane 126-010-26 $ 665.00 66. 5816 Tandil Way 531-132-06 $ 105.00 67. 5817Tandil Way 531-131-02 $ 105.00 68. 916 Yale Avenue 021-041-27 $ 105.00 Ward 4/Counciimember Couch 69. 11007 Alexander Falls Avenue 525-515-06 $ 105.00 70. 5005 Crow Court 526-322-10 $ 743.00 71. 11 102 Dawson Falls Avenue 525-514-10 $ 105.00 72. 3018 Loon Court 451-423-13 $ 300.00 73. 10910 Mayacamas Drive 525-573-01 $ 105.00 74. 11700 Montague Avenue 528-161-26 $ 600.00 75. 6707 Stafford Falls Drive 525-531-12 $ 600.00 76. 4405 Templeton Street 527-172-03 $ 300.00 77. 11918 Wethersfield Street 409-351-06 $ 600.00 June 10, 2011, 1:35PM/kd S:\Dana\ADMINS\201 IUUND6-29-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 5/Councilmember Hanson 78. 2816 Bralorne Court 381-111-09 $ 105.00 79. 7817 Cibola Drive 385-364-03 $ 760.00 80. 8105 Fawn Street 389-263-06 $ 105.00 81. 8216 Fawn Street 389-192-06 $ 105.00 82. 5802 Grass Creek Drive 497-162-08 $ 300.00 83. 7701 S. Laurelglen Boulevard 385-252-18 $ 105.00 84. 8205 Sheffield Lane 389-291-02 $ 300.00 85. 9507 Thoreau Avenue 392-311-02 $ 105.00 86. 7100 Wilford Court 381-231-04 $ 105.00 87. 8113 Willowglen Drive 389-264-08 $ 680.00 Ward 6/Coucilmember Sullivan 88. 7509 Chinese Mountain Way 498-222-04 $ 759.00 89. 2908 Hallisey Street 441-051-14 $ 650.00 90. 6920 Palmetto Court 385-121-03 $ 105.00 91. 4001 Peachwood Court 403-230-21 $ 300.00 92. 6005 Pine Trail Drive 499-354-05 $ 860.00 93. 6405 Terrebonne Court 385-080-23 $ 105.00 Ward 7/Counciimember Johnson 94. 6351 Akers Road # 109 371-312-41 $ 105.00 95. 4420 Balboa Drive 171-182-11 $ 680.00 96. 4415 Berkshire Road 515-492-06 $ 300.00 97. 2320 Boyd Street 372-362-18 $ 300.00 98. 8807 Brannock Court 514-171-18 $ 789.00 99. 6805 Pacific Island Drive 515-131-04 $ 762.00 100. 4331 Palmacia Drive 171-182-04 $ 760.00 101. 6350 Summerfield Drive 371-440-03 $ 105.00 102. 1111 Vallarta View Avenue 517-462-05 $ 105.00 103. 1217 White Lane 171-145-31 $ 720.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to June 10, 2011, 1:35PM/kd S:VDana\ADM1NS\201 WUND6-29-Property Abatement.doe ADMINISTRATIVE REPORT 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. June 10, 2011, 1:35PM/kd S:\Dana\ADMINS\2011\JUNE\6-29-Property Abatement.doc $A OF~eo.ro.. S U ~y ADMINISTRATIVE REPORT c IF MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: 8.d. TO: Honorable Mayor and City Council APPROVED FROM: Donna L, Kunz, Economic Development Director DEPARTMENT HEAD DATE: June 15, 2011 CITY ATTORNEY 4k CITY MANAGER SUBJECT: Resolution authorizing the recording of an affordable housing covenant on City owned property located at 408 and 424 20th Street as required for the State of California Prop 1 C grant for Mill Creek. (Ward 2) RECOMMENDATION: Staff recommends adoption of the resolution and authorize the City Manager or his designee to execute all necessary documents and make minor revisions if required. BACKGROUND: On December 18, 2008, the City Council approved the purchase of vacant property located at 408 and 424 20th Street for the purpose of eliminating blight within the Millcreek Linear Park area. The property was purchased using Community Development Block Grant (CDBG) funds for the purpose of constructing a future affordable housing project. On March 31, 2009, the Bakersfield Redevelopment Agency authorized staff to apply for and receive a State of California, Department of Housing and Community Development Department (HCD) Infill Infrastructure Program grant in the amount of $10,847,200 for the Southeast Bakersfield and Old Town Kern Redevelopment Project Areas, This grant will be used for the construction of infrastructure improvements which directly support 5 affordable housing developments along Millcreek. California Community Redevelopment Law requires affordability covenants on housing projects for 45 to 55 years, Due to this statutory requirement HCD is requiring the recording of covenants on the five (5) housing projects in the Millcreek area to ensure affordability of the housing projects for the required time period. Since the property is in the name of the City of Bakersfield the Bakersfield Redevelopment Agency is requesting approval of the City Council to record the affordability covenant on the property located at 408 and 424 20th Street as required by the State. S:\Admins\City Council\City Council Admins 2011\Proper 1C Covenant Request Reso. Doc June 15, 2011 3:16 PM ds MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: g, e, TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: June 7, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution approving application for annexation of uninhabited territory to the City of Bakersfield identified as Annexation No. 629 consisting of 2.75 acres, located at the southwest corner of Wilson Road and South Union Avenue. (Ward 1). RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The resolution of application proposes annexation of uninhabited territory to the City of Bakersfield. The proposed annexation identified as Annexation No. 629, consists of a towing business and seven residential housing units (rentals), and is located at the southwest corner of Wilson Road and South Union Avenue. The property owners (Phillip & Crista Dotson) requested annexation to include the Golden Empire Towing Company into the city limits. The residential property is owned by Vincent Saldias & Elizabeth Crandell. During the map review process, County Roads Department determined that the city should include the full right of way of Wilson Road between the existing city boundary and Union Avenue. In doing so, it was necessary to include the residential parcel into this annexation to provide a more logical annexation boundary. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. DL:dc S:\Annexafion\Res of Applic\Admin Draft 629.doc MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: q j TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: June 14, 2011 CITY ATTORNEY__~ p~ CITY MANAGER KsJ SUBJECT: Resolution to Authorize Sale of Surplus Light Bars and Sirens to the City of McFarland Police Department, a governmental entity for Twenty Dollars ($20.00). RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: The City has received a request from the City of McFarland Police Department, a governmental entity, to purchase twenty (20) surplus light bars and sirens for one dollar each ($20.00). The City has a surplus of older technology light bars; the age of the units range from 7 to 18 years. The light bars can only by used by another law enforcement agency due to the color configuration. The City of McFarland established their own police department in 2010 and the surplus equipment will be used to outfit their current and future police patrol vehicles. Staff recommends acceptance of the offer from the City of McFarland Police Department, to purchase surplus light bars and sirens for twenty dollars ($20.00). The Bakersfield Municipal Code Section 3.20.120F provides for this action and states that any sale to a governmental entity or non-profit organization shall be subject to confirmation and approval by the City Council. The equipment is being sold "as is with all faults" to remove the City from any potential liability claims. June 16, 2011, 9:40AWkb S:IPURCHADMINWdmin 10-11\Surplus Property Lightbars & Sirens, June 29, 2011.docx MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: 9,% TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: June 29, 2011 APPROVED DEPARTMENT HEAD ~S CITY ATTORNEY CITY MANAGERS SUBJECT: Resolution to Authorize Sale of Surplus Mobile and Portable Radios to the City of McFarland Police Department, a governmental entity for two hundred forty dollars ($240.00). RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: The City has received a request from the City of McFarland Police Department, a governmental entity, to purchase twelve (12) mobile radios and twelve (12) portable radios for ten dollars each ($240.00). The City has a surplus of older technology mobile and portable radios. The radios can only be used by another law enforcement agency due to the frequencies installed on them. Staff feels the offer price of ten dollars ($10.00) per radio is reasonable based on the radios limited marketability and recommends acceptance of the offer from the City of McFarland Police Department, to purchase twelve (12) mobile radios and twelve (12) portable radios for two hundred forty dollars ($240.00). The Bakersfield Municipal Code Section 3.20.120F provides for this action and states that any sale to a governmental entity or non-profit organization shall be subject to confirmation and approval by the City Council. The radios are being sold "as is with all faults" to remove the City from any potential liability claims. June 16, 2011, 10:31AM/kb SAPURCHWDMINWdmin 10-111Surplus Property mobile and portable radios, City of McFarland, June 29, 2011.doc OI1AT4W, r:. r ui+r~~~;q ADMINISTRATIVE REPORT MEETING DATE: June 29, 2011 7 AGENDA SECTION: Consent Calendar ITEM. 8.~{, TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: June 17, 2011 APPROVED DEPARTMENT HEAD L CITY ATTORNEY CITY MANAGER SUBJECT: A resolution authorizing the Bakersfield Police Department (BPD) to accept funding in the amount of $50,000.00, made available through the Grant Assistance Program (GAP) of the California Department of Alcoholic Beverage Control (ABC). RECOMMENDATION: Staff recommends approval of the proposed resolution. BACKGROUND: The City of Bakersfield has received notification from the ABC that a grant in the amount of $50,000.00 has been awarded to the BPD under the Grant Assistance Program (GAP). The grant funds under the ABC GAP program will fund, in part, the joint operations of the BPD / Kern County Sheriff's Office Joint Vice Task Force (JVTF) to conduct undercover surveillances and investigations; and conduct minor decoy and shoulder tap operations. To accept the grant and execute Grant Contract # 11 G-LA03, the ABC requires a resolution from the City Council accepting the grant funds. This resolution will serve to satisfy this requirement. DWB \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 10-11\ADMIN RPT- (06-29-11) 2011-12 ABC GAP GRANT (11G-LA03).docx 6/10/20114:01 PM Page 1 of 1 MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: S.;, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: June 15, 2011 SUBJECT: Disposal of Real Property APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 1. Resolution declaring real property located west of Canteria Drive surplus to needs of the City. 2. Quitclaim Deed to Juliana's Garden, LLC, a California limited liability company conveying excess land located west of Canteria Drive. (Ward 4) RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement. BACKGROUND: The City of Bakersfield has been working with various groups in the City of the Hills development to address concerns arising from the unexpected departure of the original developer, Mountain View Bravo. One of those issues was the maintenance of the landscaping along Canteria Drive. Currently, the landscaped areas are owned by several different parties, including the City. It has been determined that a Lot Line Adjustment (LLA) would be needed to allow the Juliana Garden's Homeowners Association to acquire title to all of the landscaped areas and the ongoing responsibility to maintain them. The City owns a small strip of landscaping east of the large sump along Canteria which was included in the conveyance of the sump to the City. The strip is outside the fenced area of the sump and should not have been included in the original conveyance. Staff has determined that due to its size, location and restricted use the land has little, if any, value. So the City is quitclaiming the strip back to the party it received it from, Juliana's Garden, LLC, at no cost. Juliana's Gardens, LLC will then transfer it to the Juliana's Gardens Homeowners Association along with its portion of the landscaped area. June 16, 2011, 2:08PM PAMyFiles\Admin Reports\Canteria Drive excess sump QC.doc MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: $ TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: June 16, 2011 SUBJECT: Disposal of Real Property APPROVED DEPARTMENT HEAD /✓'J CITY ATTORNEY CITY MANAGER 1. Resolution declaring real property located south of California Avenue and east of Owens Street surplus to the needs of the City; 2. Agreement with Gryphon Capital, LLC, a Delaware limited liability company to purchase said land for $272,000. (Ward 1) RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement. BACKGROUND: In December of 2006, the Bakersfield Redevelopment Agency acquired approximately three acres of vacant commercially zoned land from the Housing Authority of the County of Kern. In May of 2010, the Bakersfield Redevelopment Agency conveyed approximately one acre of this property to Clinica Sierra Vista. Clinica has since constructed a 3,863 square foot dental clinic at the southwest corner of East California Avenue and South Robinson Street. Then in response to pending State legislation that would effectively eliminate all redevelopment agencies the Bakersfield Redevelopment Agency conveyed the balance of the property to the City of Bakersfield. Subsequently, a development firm from Los Angeles, Gryphon Capital, LLC has offered to purchase the remainder of the property to construct a commercial development. Gryphon plans to develop the property to a Family Dollar Store, a discount retailer. The sales price of $272,000 represents the fair market value of the property as determined by an appraisal prepared by MB Appraisals, an independent real estate appraisal firm. The Planning Department, in accordance with Government Code Section 65402 and City of Bakersfield Ordinance 4248, found the sale to be consistent with Metropolitan Bakersfield General Plan. June 23, 2011, 10:19AM P:1MyFi1es\Admin ReportsTalifornia & Owens.doc MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 3, 2011 Hooper Ave. & Kimberly Ave. Planned Sewer Area (Ward 4): 1. Resolution of Intention No. 1692 to establish the Hooper Ave. & Kimberly Ave. Planned Sewer Area and preliminarily approving the boundaries of the area and the cost and fee schedule. 2. First Reading of Ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to Sewer Facilities by adding the Hooper Ave. & Kimberly Ave. Planned Sewer Area. A VED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER-_ RECOMMENDATION: Staff recommends adoption of resolution of intention and give first reading to ordinance. BACKGROUND: In 2008 and 2009, Annexations No. 593 and 605 annexed Hooper Avenue and Kimberly Avenue into the City. As part of that annexation agreement the City would construct sewer improvements for the residents. The City plans to construct a sewer trunkline in Hooper Avenue, Kimberly Avenue and Urner Street to serve an area generally bounded by Olive Drive to the north, Hooper Avenue to the south, Coffee Road to the west and Patton Way to the east. This project will be funded by sewer enterprise funds. These funds will be reimbursed as existing single family dewellings within the area connect to the sewer trunkline. This resolution hereby fixes Wednesday, July 13, 2011, at 5:15 PM, or as soon as thereafter as may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the following matters: COST ESTIMATE and FEE SCHEDULE and preliminarily approves the boundaries of the Area, the cost of the improvements and the assessment fee schedule. This ordinance adds the Hooper Avenue & Kimberly Avenue Planned Sewer Area to the list of Sewer Areas for which residents are charged at time of connection to pay the cost of constructing the sewer facilities. (PW Engineering - TMA) (EOK208 & EOK209) June 16, 2011, 2:58PM G:\GROUPDATIADMINRPT\2011\06-29\Hooper & Kimberly - PSA.doc A OF ca R, f° ADMINISTRATIVE REPORT L~ MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: F. TO: Honorable Mayor and City Council AP ROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: June 14, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention (ROI) No. 1693 to add territory, Area 5-62 (3001 Gateway Avenue) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (Ward 1) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcel to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. P G:\GR0UPDAT\ADMINRPT\2011\06-29\ROI est CMD 5-62.docx A 0 yw U ADMINISTRATIVE REPORT 1 MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: ~.m, TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Raul M. Rojas, Public Works Director DATE: May 27, 2011 SUBJECT: Approval of Landscape Improvement Agreement (Ward 3) Landscape Improvement Agreement with D.R. Horton Los Angeles Holding company, Inc., a California Corporation, herein referred to as the "DEVELOPER" for Tract 6406 Phase 6, 7 & 8 located east of Vineland Road and south of Panorama Drive. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: This Landscape Agreement is entered into to secure the improvements required for the Subdivision on or adjacent to the property being subdivided. The property being subdivided is located in the City in the Hills area. The landscaping being secured is the street landscaping on Panorama Drive and City Hills Drive. A portion of the street landscaping in City Hills Drive - from the back of the sidewalk to the subdivision wall - will be maintained by the Homeowner's Association, while the remainder of the landscaping will be maintained by the City through the Consolidated Maintenance District. The developer will complete the landscaping improvements, maintain it for six months, and then turn the public portions over to the City for maintenance. These landscape improvement agreements represent the last agreements needed for the public landscaping for the developed areas within City in the Hills. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. da June 23, 2011, 1:53PM GAGROUPDATIADMINRPT\2011\06-29\T6406 6-8 Landscape Imp Agr 2.doc MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: $.n, TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: June 23, 2011 APPROVED DEPARTMENT HEAD ✓~1 CITY ATTORNEY v(~ CITY MANAGER SUBJECT: Contract for legal services regarding water related matters: 1) Agreement with DUANE MORRIS, LLP for fiscal years 2011/2012 in the amount of Seven Hundred Fifty Thousand Dollars ($750,000), 2012/2013 in the amount of Eight Hundred Seventy-Five Thousand Dollars ($875,000), 2013/2014 in the amount of One Million Dollars ($1,000,000). 2) Appropriation of $750,000 ($375,000 Agricultural Water Fund Balance and $375,000 Domestic Water Fund Balance) to the Water Resources Department Operating Budget to pay legal fees for year 1 of the agreement. RECOMMENDATION: Staff recommends approval of the agreement and appropriation. BACKGROUND: Since 1999, the City Attorney's Office has outsourced water related cases, issues and matters to the law firm of Duane Morris, LLP. The Duane Morris team of attorneys has produced exceptional results in favor of City on the many cases assigned. There are two major differences between the proposed agreement and the previous agreements with the Duane Morris law firm. First, if approved, the agreement with Duane Morris will extend over the next three fiscal years, through June 2014. The compensation will increase each fiscal year, beginning in 2011/2012 at $750,000, 2012/2013 at $875,000. and ending 2013/2014 at $1,000,000. Second, the agreement is for a flat rate. In past years, multiple agreements were executed for individual cases, issues and matters that would be handled for the agreed upon compensation and complex matters would be billed at a reduced hourly rate. Under the proposed three year agreement, there are no multiple contracts. In other words, all water related matters assigned to Duane Morris will be covered under the agreed upon compensation-regardless of the number or the complexity. In addition, the matters will be handled until ultimate closure of the case, which includes the appeal process. The City believes it may achieve a cost savings while retaining experienced counsel on a monthly flat rate basis. In addition to the above benefits, this arrangement will provide greater stability in calculating legal fees for water related cases, issues and matters and keep Duane Morris aware and apprised of water issues that may have an impact on current water litigation matters to which the City is a party. As is standard on our other attorney flat rate contracts, the City will not be billed for internal costs, such as copy charges, legal research, or clerical time. The $750,000 appropriation is needed to provide the funds necessary to cover the cost of outside legal fees under this agreement for FY 2011-12. SACOUNCIL1Admins\10.11 Admins\ATT AGR 2011-2012,Thru 2013-2014 Duane Mords.Doc MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. o . TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: June 15, 2011 CITY ATTORNEY D CITY MANAGER /w SUBJECT: Amendment No. 2 to Agreement No. 07-312 with PCL Industrial Services Inc., for a ground lease at the Bakersfield Municipal Airport, 2000 South Union Avenue for $136,800 per year. (Ward 1) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On August 29, 2007, the City of Bakersfield entered into Agreement No. 07-312 with PCL Industrial Services Inc. to lease a portion of the Bakersfield Municipal Airport (approximately 10 acres) at 2000 South Union Avenue for the purpose of light manufacturing and storage. On August 20, 2008, the lease was amended to increase the leased premises by an additional 5 acres and increase the base rent from $6,000 a month to $9,000 a month or $108,000 a year. PCL Industrial Services has requested to lease an additional 4 acres of land to further expand their operations. Accordingly, the City of Bakersfield is amending their agreement a second time to increase the lease premises from 15 acres to 19 acres and increase the rent. The base rent will be adjusted to reflect the increased premises from $9,000 a month to $11,400 per month or $136,800 a year. The original agreement that recorded in 2007 is a 10 year lease agreement. It is due to expire on August 31, 2017 with 2 options to extend. The monthly rent has an escalator clause that is adjusted annually by the change in the Consumer Price Index of the Bureau of Labor Statistics of the U.S. Department of Labor for CPI-U for West Urban Area. The amendment is beneficial to the City of Bakersfield due to the increased rent monies going towards beautification projects and other airport improvements. ENB/s 2Adm1n PCL lease.doc June 15, 2011 MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: g. TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD NJ` DATE: June 17, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 11-050 with Leslie's Poolmart, Incorporated extending the completion date (zero dollar increase) for the Commercial Pool Heater Replacements at McMurtrey Aquatic Center. Ward 2 RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On May 18, 2011, Council approved the contract for commercial pool heater replacement at McMurtrey Aquatic Center with Leslie's Poolmart, Incorporated in the amount of $54,838.82. The terms and conditions of the original contract required the Contractor to complete the project by July 1, 2011 or be assessed liquidated damages. Installation of the heaters requires a three day shutdown of total pool operations. Since heaters are not used in the summer, Parks and Recreation staff now believe installation can be effectively accomplished in late August with minimal impact to pool programs. Late August installation will ensure that the heaters are operational prior to needing them for fall, winter and spring operations. Therefore, staff wishes to amend the agreement's completion date and associated liquidated damages clause. If approved, Amendment No. 1 will extend the completion date to September 1, 2011 with no dollar increase. Purchasing DivisionAb S:IPURCHWDMINWmendments 10-11 Wmendment #1 to Agmt 11-050, Leslie's Poolmart, June 29, 2011.doc June 21, 2011, 8:12AM MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: y. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: June 13, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Safeway Sign Company (not to exceed $75,343.14) for the annual contract for traffic signs. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Invitations to Bid were sent to over one hundred (100) suppliers for the Annual Contract for traffic signs. Six (6) bids • were received in response to solicitation. The bids solicited were based on a list of various traffic signs with estimated quantities. In this case, where the City does not intend to split the bid award, the City determines the lowest overall bidder by multiplying the supplier's unit price for each of the items by the estimated number of units for each item. The contract award is for a one year period; renewable annually for four consecutive one- year periods at the City's option and upon mutually agreeable terms. The six (6) bids received are listed below. BIDDER Safeway Sign Company, Adelanto, CA Custom Products Corporation, Jackson, MS SESA, Inc., dba Signco, Anaheim, CA Main Street Signs, Ontario, CA Comade, Incorporated, Santa, Ana, CA Rocal, Incorporated, Frankfort, OH AMOUNT $75,343.14 $80,958.44 $86,749.39 $90,603.09 $92,689.22 $94,285.21 Staff finds the low bid submitted by Safeway Sign Company, to be acceptable and recommends approval of the contract in the amount of $75,343.14. Purchasing Division/kb &VURCHWDMINWdmin 10-11WC for Traffic Signs, 10-11-78, Safeway Sign Co., June 29, 2011.docx June 13, 2011, 3:46PM ADMINISTRATIVE REPORT MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: r TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT_HEAD DATE: June 13, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract with Pacific West Sound, Incorporated, in the amount of $48,273.79 for Amplifier Replacement at the Rabobank Arena. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract BACKGROUND: Invitations to bid were sent to over one hundred (100) bidders for amplifier replacement at the Rabobank Arena. Three (3) bids were received in response to solicitation. This project is to replace sixteen (16) sound amplifiers for the arena bowl main sound system at the Rabobank Arena. The existing amplifiers were installed prior to the Rabobank Arena's opening in 1998. Technology has advanced rendering the existing amplifiers obsolete. Replacement of the amplifiers will ensure no interruption in sound system operations at the Rabobank Arena. Funds are budgeted in the Capital Outlay Fund for this project. Three (3) bids received as follows: Bidder Amount Paciflc West Sound, Inc. $48,273.79 Bakersfield, CA Rat Sound Systems, Inc. $51,994.21 Oxnard, CA Digital Networks Group, Inc. $112,876.00 Aliso Viejo, CA Staff finds the low bid submitted by Pacific West Sound, Incorporated, to be acceptable and recommends approval of the contract in the amount of $48,273.79. Purchasing Division/kb & PURCHIADMINIAdmin 10-11 Wmplifier Replacement at Rabobank Arena, 10-11-65, June 29,201 l.docx A 0 eoVaa ADMINISTRATIVE REPORT NO MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: g,s, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director June 17, 2011 Pavement Rehabilitation 2011 Phase 3 - Pacheco Road from Akers Road to Wible Road; Pacheco Road from Hughes Lane to South H Street (Wards 6 and 7): 1. Accept Base Bid and Additive Alternate No.l and approve contract to Granite Construction Company ($1,207,708.00) for project. 2. Appropriate $268,980 Federal Surface Transportation Funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $34,849 additional Gas Tax revenues to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund for the local match requirement. APPROVED DEPARTMENT HEAD CITY ATTORNEY D,- CITY MANAGER RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract and appropriations. BACKGROUND: This project consists of reconstructing the existing pavement structural section, construction of access ramps, modifying curb and gutter, striping, pavement markings and traffic signal detector loops. This project is 88.53% federally funded through the Regional Surface Transportation Program (RSTP) and 11.47% locally funded through Gas Tax. The Engineer's Estimate for the project is $1,200,000. On June 15, 2011, a total of three bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Granite Construction 585 West Beach Street Watsonville, CA 95076 in the amount of $1,207,708.00 Bowman Asphalt 3527 Brian Way Bakersfield, CA 93308 (County) in the amount of $1,220,155.45 Griffith Company 1128 Carrier Parkway Avenue Bakersfield, CA 93308 (County) in the amount of $1,325,843.00 PW/Design Engineering/NSG-T1 K228 June 20, 2011, 12:57PM GAGROUPDAT\ADMINRPT\2011\06-29\Pavement Rehabilitation 2011 Phase 3-Pacheco Road.doc ADMINISTRATIVE REPORT In July 2009, Caltrans adopted new "Race Conscious" requirements for federally funded projects, which also apply to this RSTP funded project. A formula provided by the State of California was used to calculate the required percentage of 10% for Underutilized Disadvantaged Business Enterprises (UDBE) to be used as subcontractors on this contract. The City held a mandatory pre- bid meeting for all of the preapproved contractors allowed to bid on this project. During that meeting, the importance of putting forth a good faith effort to meet the predetermined goal by soliciting UDBE's was emphasized to each contractor in attendance. It was also stressed to the contractors that they need to provide to the City appropriate documentation indicating such good faith efforts were performed allowing each UDBE sufficient time to respond to the solicitations. Each contractor on the preapproved bidders list was required to attend said meeting in order to bid on this project. If they did not attend the mandatory pre-bid meeting, they forfeited their chance to bid this project. The low bidder, Granite Construction Company, submitted documentation supporting that they met the UDBE goal. Their bid was therefore deemed acceptable. Additional appropriations are required to fully fund this contract. Additional federal funding was obtained through KernCog which also requires a local match by the City. Staff recommends appropriations of $268,980 in additional federal funding and $34,849 in additional gas tax revenues for the local match. PW/Design Engineering/NSG-T1 K228 June 20, 2011, 12:57PM GAGR0UPDATWDMINRPT12011\06-29\Pavement Rehabilitation 2011 Phase 3-Pacheco Road.doc ` ,pVOR, ADMINISTRATIVE REPORT LIF MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: g. t, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 16, 2011 Pavement Rehabilitation 2011 Phase 2: Stine Road from Pacheco Road to White Lane (Ward 6): 1. Accept Bid and approve contract to Granite Construction Company ($1,611,888.00) for project. 2. Appropriate $378,492 Federal Surface Transportation Funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $49,037 additional Gas Tax revenues to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund for the local match requirement. AP OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends acceptance of low bid, and approval of contract and appropriations. BACKGROUND: This project consists of reconstruction of the existing pavement structural section, construction of access ramps, modification of curb and gutter, and installation of pavement markings and striping, and traffic signal detector loops. This project is 88.53% federally funded through the Regional Surface Transportation Program (RSTP) and 11.47% locally funded through Gas Tax funds. The Engineer's Estimate for the project is $1,560,000. On June 16, 2011, a total of three bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Granite Construction Company 585 West Beach Street Watsonville, CA 95077 Bowman Asphalt 3527 Brian Way Bakersfield, CA 93308 (County) Griffith Company 1128 Carrier Parkway Avenue Bakersfield, CA 93308 (County) in the amount of $1,611,888.00 in the amount of $1,678,438.40 in the amount of $1,926,633.00 Jc pw/design engineering/T1 K211 June 20, 2011, 12:52PM G:\GR0UPDATWDMINRPT\2011\06-29\Pavement Rehabilitation 2011 Ph 2-Stine Rd.doc ADMINISTRATIVE REPORT In July 2009, Caltrans adopted new "Race Conscious" requirements for federally funded projects, which also apply to this RSTP funded project. A formula provided by the State of California was used to calculate the required percentage of 10% for Underutilized Disadvantaged Business Enterprises (UDBE) to be used as subcontractors on this contract. The City held a mandatory pre-bid meeting for all of the preapproved contractors allowed to bid on this project. During that meeting, the importance of putting forth a good faith effort to meet the predetermined goal by soliciting UDBE's was emphasized to each contractor in attendance. It was also stressed to the contractors that they need to provide to the City appropriate documentation indicating such good faith efforts were performed allowing each UDBE sufficient time to respond to the solicitations. Each contractor on the preapproved bidders list was required to attend said meeting in order to bid on this project; if they did not attend the mandatory pre-bid meeting, they forfeited their chance to bid this project. The low bidder, Granite Construction Company, submitted documentation supporting that they met the UDBE goal. Their bid was therefore deemed acceptable. Additional appropriations are required to fully fund this contract. Additional federal funding was obtained through KernCog which also requires a local match by the City. Staff recommends appropriations of $378,492 in additional federal funding and $49,037 in additional gas tax revenues for the local match. Jc pw/design engineering/T1 K211 June 20, 2011, 12:52PM G:\GROUPDATWDMINRPT12011M-291Pavement Rehabilitation 2011 Ph 2-Stine Rd.doc MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: T. N, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director June 17, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Accept bid from Fireblast 451, Inc. in the amount of $111,919 for the purchase of a Portable Car Fire Training Unit for the Fire Department. Citywide RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over one hundred (100) bidders for providing a portable live fire training unit. One (1) bid was received in response to the solicitation. The Bakersfield Fire Department has been approved for Assistance to Firefighters Grant (AFG) funding from the US Department of Homeland Security. At the meeting of May 4, 2011, Council approved the appropriation of the grant in the amount of $170,897 and $42,724 for the City share amount to purchase this portable car fire training unit and a flammable liquids training unit. The portable car fire training unit represents a midsize vehicle with interior seats, engine, passenger compartment and tires. A flame can be ignited throughout the vehicle with a wireless control unit allowing the training of firefighting personnel in the suppression of multiple types of car fires as well as flammable liquid spills. One bid in the amount of $111,919 was received from Fireblast 451, Inc. Staff spoke to UTC Fire & Security, the other manufacturer for fire trainers, and found they were unable to prepare a bid by the City's bid deadline. The bid received from Fireblast 451, Inc. meets the specifications and is considered acceptable by staff. Purchasing Division/kb &VURCH\ADMINWdmin 10-11\Portable Car Fire Training Prop, 10-11-85, June 29, 2011.docx June 21, 2011, 8:11AM MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: %.v, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: June 17, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Fireblast 451, Inc. in the amount of $88,104 for the purchase of a Portable Flammable Liquids Training Unit for the Fire Department. Citywide RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over one hundred (100) bidders for providing a portable live fire training unit. One (1) bid was received in response to the solicitation. The Bakersfield Fire Department has been approved for Assistance to Firefighters Grant (AFG) funding from the US Department of Homeland Security. At the meeting of May 4, 2011, Council approved the appropriation of the grant in the amount of $170,897 and $42,724 for the City share amount to purchase this training unit and a portable car fire training unit. The flammable liquids training unit is a portable live fire simulator that provides firefighting personnel the opportunity to safely train in the suppression of various fire scenarios including Christmas tree fires, propane tank fires, flammable liquid spills and dumpster fires. One bid in the amount of $88,104 was received from Fireblast 451, Inc. Staff spoke to UTC Fire & Security, the other manufacturer for fire trainers, and found they were unable to prepare a bid by the City's bid deadline. The bid received from Fireblast 451, Inc. meets the specifications and is considered acceptable by staff. Purchasing Division/kb S:\PURCHWDMIN\Admin 10-11\Portable Flammable Liquids Training Unit, 10-11-86, June 29, 2011.docx June 21, 2011, 8:11AM BA he OF aw0024 ADMINISTRATIVE REPORT LIFO MEETING DATE: June 29, 2011 AGENDA SECTION: Consent Calendar ITEM: g. L4. TO: Honorable Mayor and City Council APPROVED FROM: Christi Tenter, Human Resources Manager °.J DEPARTMENT HEAD DATE: June 3, 2011 CITY ATTORNEY V& CITY MANAGER SUBJECT: Revised Job Specifications: Associate Attorney #88250 RECOMMENDATION: Staff recommends approval. BACKGROUND: At the request of the City Attorney, the job specification for Associate Attorney has been reviewed and revised. Language was changed and/or added to update the essential job duties and minimum qualifications to better comply with the actual duties performed. The Associate Attorney is in the management unit and does not require SEIU approval. There is no budgetdry impact as the salary will remain the same. The revised job specification was presented to the Miscellaneous Civil Service Board and approved at their May 17, 2011 meeting. (cc) OF YCONiOF,tCp tS~ I ADMINISTRATIVE REPORT MEETING DATE: June 29, 201 1 AGENDA SECTION: Consent Calendar ITEM: 9.x. TO: Honorable Mayor and City Council APPROVED FROM: DATE: Donna L. Kunz, Economic Development Director June 23, 2011 DEPARTMENT HEAD CITY ATTORNEY p~ CITY MANAGER / SUBJECT: Neighborhood Stabilization Program (NSP3) (Wards 1 and 2): 1. Approval of Department of Housing & Urban Development (HUD) Action Plan Amendment No. 6 (FY 10/11) & Consolidated Plan 2010 Substantial Amendment for Neighborhood Stabilization Program funds; and 2. Appropriate $3,320,927 Neighborhood Stabilization Program (NSP3) funds to the operating budget in the Neighborhood Stabilization Program Fund to assist with abandoned, foreclosed and vacant properties. RECOMMENDATION: Staff recommends approval. BACKGROUND: On March 1, 2011, the City of Bakersfield received $3,320,927 of Neighborhood Stabilization Program (NSP3) funds as part of the federal Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) to address Congressionally-identified needs of vacant, abandoned and foreclosed residential properties in three specifically-targeted areas of greatest need. Originally, the NSP3 Action Plan Substantial Amendment included the following programs: • $2,058,602 for the purchase and rehabilitation of abandoned, vacant, or foreclosed residential properties to benefit persons earning 120% Area Median Income (AMI) or less (Low-, Moderate-, and Middle-income or LMMI); • $830,232 for the purchase and rehabilitation of abandoned, vacant, or foreclosed residential properties to benefit persons earning 50% AMI or less; • $332,093 to demolish blighted structures; and • $100,000 for program administration. Economic and Community Development has since reevaluated the NSP3 program based on community needs and efficiency of administration, and is proposing the following amendments: S:\Admins\City Council\City Council Admins 2011WSP Action Plan Amendment 6 29 11.Doc 6/23/2011 2:22 PM rab ADMINISTRATIVE REPORT Page 2 1. Cancel Acquisition and Rehabilitation of vacant, foreclosed, or abandoned units in NSP3 target areas by developer(s) or subrecipient(s) to benefit families < 120% AMI ($2,058,602); 2. Cancel Acquisition and Rehabilitation of vacant, foreclosed, or abandoned units in NSP3 target areas by developer(s) or subrecipient(s) to benefit families < 50% AMI ($830,232); 3. Create Redevelopment of vacant properties with residential units to benefit families < 120% AMI ($2,058,602); 4. Create Redevelopment of vacant properties with residential units to benefit families < 50% AMI ($830,232). The proposed changes would not affect the $332,093 designated for the demolition of vacant, abandoned, or foreclosed properties, nor the $100,000 designated for program administration that was part of the plan approved by the City Council in February 2011. The following table illustrates what is being proposed: Program Action Original Plan Revised Plan Amount Amount Acquisition and Rehabilitation of vacant, foreclosed, or abandoned units to Cancelled $2,058,602 $0 benefit families < 120% AMI Acquisition and Rehabilitation of vacant, foreclosed, or abandoned units to Cancelled $830,232 $0 benefit families < 50% AMI Redevelopment of vacant properties with residential units to benefit families < Created $0 $2,058,602 120% AMI Redevelopment of vacant properties with residential units to benefit families < Created $0 $830,232 50% AMI Demolition of blighted structures within NSP3 focused areas of greatest need by the City of Bakersfield or Redevelopment Unchanged ,093 $332,093 $332,093 Agency to facilitate future LMMI housing. NSP3 Administration Unchanged 100,000 100,000 Total $3,320,927 $3,320,927 This change shifts the focus from purchase and rehabilitation of existing residential units to redevelopment of vacant properties; therefore, staff proposes to create one larger centrally- located focused area of greatest need to replace the original three smaller NSP3 focused areas which were more disbursed throughout the community. Such a change will better comply with the intent of NSP3, which is to create a focused and measurable impact on the neighborhood in which funds are spent. The revised NSP3 focused area of greatest need contains numerous eligible vacant properties in Central Bakersfield, and is generally bound by Chester Avenue to the west, 4th Street/Virginia Avenue to the south, the City Limits to the east, and 341h Street/Bernard Street to the north. The focus area will allow the City the option of assisting vacant properties in the Mill Creek and Baker Street areas to continue redevelopment efforts in those areas which were impacted by the downturn of the development and lending markets. S:\Admins\City Council\City Council Admins 2011\NSP Action Plan Amendment 6 29 11.doc 6/23/20112:24 PM rab ADMINISTRATIVE REPORT Page 3 The RDA currently has planned the development of a multifamily project located at 20th street near Park and recently released an RFP for a mixed use project located in the South Mill Creek Development. It will be necessary to utilize the NSP funds to fill the financial gap for these affordable housing projects to achieve their development. In addition, we are required to create a total of 286 units of infill affordable housing in the Mill Creek Infill Area as a condition of our Prop 1 C infrastructure grant. We currently have 70 family rental units and 14 family townhomes for sale under construction. We expect to be under construction with an additional 67 senior rental units by year end. This leaves two rental projects to be completed to satisfy the Prop 1 C requirements. NSP funds will be needed to accomplish this. In compliance with NSP3 regulations, any significant change or addition to the Action Plan must undergo an amendment process which includes obtaining citizen views and comments on the proposed change for a period of 15 days. A notice was published on June 1, 2011 requesting comments and to date no comments have been received. The City will have until March 2013 to expend 50% of the funds, and all funds must be expended by March 2014. The Council is also requested to authorize the appropriation of $3,320,927 in Neighborhood Stabilization Program funds to the operating budget in the Neighborhood Stabilization Program Fund to assist with redevelopment or demolition of abandoned, foreclosed and vacant residential properties as outlined by the NSP3 Substantial Amendment. Due to potential changes to the City's NSP3 design, the City Council opted not to appropriate funds when the original NSP3 Substantial Amendment was approved by the City Council on February 16, 2011. S:\Admins\City Council\City Council Admins 2011\NSP Action Plan Amendment 6 29 11.doc 6/23/20112:24 PM rab A ADMINISTRATIVE REPORT MEETING DATE: June 29, 2011 AGENDA SECTION: Closed Session ITEM: o, o,. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Va DATE: June 22, 2011 CITY ATTORNEY y~ CITY MANAGER SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (One case). • Department of Industrial Relations Case No. 20797-SDRCI Trammell v. Bakersfield Wafter Dept. VG:Isc S:\COUNCIL\CI Sess\Admins\10-1 1\6-29-1 1 ExistUt.docx A U p ADMINISTRATIVE REPORT MEETING DATE June 29, 2011 AGENDA SECTION: Closed Session ITEM: io. , TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD y - DATE: June 22, 2011 CITY ATTORNEY V~ CITY MANAGER SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b) (3) (C) of Government Code section 54956.9 (One matter) VG:Isc S:\COUNCIL\CI Sess\Admins\10-1 1\6-29-1 1PotLit.doc A d ADMINISTRATIVE REPORT MEETING DATE Juhe 29, 2011 AGENDA SECTION: Closed Session ITEM: /o. c, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD \16o, DATE: June 22, 2011 CITY ATTORNEY V CITY MANAGERS SUBJECT: Conference with Legal Counsel - Initiation of Litigation Closed session pursuant to subdivision (c) of Government Code section 54956.9 (One potential case). VG:Isc S:\COUNCIL\CI Sess\Admins\ 10-11 \6-29-1 11nikit.doc BeroR,r~ S ADMINISTRATIVE REPORT gL10 MEETING DATE: June 29, 201 1 AGENDA SECTION: Reports ITEM: 13.q. TO: Honorable Mayor and City Council APPROVED FROM: DATE SUBJECT Alan Tandy, City Manager June 17, 2011 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGE Planning and Development Committee Majority and Minority Reports Proposed Cash Subsidy for Purchasers of Newly Constructed Homes rding a RECOMMENDATION: The recommendations from the Planning and Development Committee Majority and Minority Reports are as follows: The Majority Report recommends: The City Council not adopt a pilot program to provide a cash subsidy for purchasers of newly constructed homes in the amount of $2,500.00, available for a maximum of 250 building permits. The Minority Report recommends: The City Council adopt a pilot program to provide a cash subsidy for purchasers of newly constructed homes in the amount of $2,500.00, available for a maximum of 250 building permits. Further details pertaining to both recommendations follow in the Majority and Minority Reports included as attachments to this administrative report. BACKGROUND: During the past several months, the Planning and Development Committee has reviewed the feasibility of providing incentives for new housing to spur the economy and create local jobs. At the June 2, 2011 Planning and Development Committee, staff presented the attached report, which includes information prepared by the National Association of Home Builders and the State of California on local economic impact from new home construction. The two reports vary as to the estimated monetary impact to local government per unit. The National Association of Home Builders report estimates the total impact to local government per unit as $2,633.00. The State of California report, which attempts to provide the "net impact" of new home construction when weighed against the cost to provide services to the new homes is estimated at $1.021.00. The two reports do show that there is an economic benefit, but determining the monetary amount of the benefit is very difficult, as there are many variables to be considered. rks Admin-PandD-Majority-MinorityReports-NewHomeSubsidy-06171 l .docx ADMINISTRATIVE REPORT The staff report to the Committee also cites various equity concerns, including that other industries and purchasers of existing homes can also bring about a positive effect on the local economy. The staff report concludes that it would be necessary for the City Council to identify an amount of funding to be set aside for the subsidy and to direct staff as to the specific amount to be provided for each new home purchase and how to disperse those funds. Should the City Council wish to proceed with the new housing subsidy, it will be necessary to adjust the budget prioritizations and allocations that have already been presented in the proposed budget to the City Council. Staff Comments In order to fund the proposal, as outlined in the Minority Report, the City Council will need to designate an amount of $625,000.00, which is based on a $2,500.00 subsidy for a maximum of 250 building permits issued. In addition, the Council will need to authorize the reallocation of funding from the budget that has been proposed for approval. Staff has identified two possible options to provide the funding for the proposed New Home Subsidy Program, if the City Council approves it. Option #1 Funding that has been designated in the proposed FY 2011 /12 Budget for the following items could be reallocated to the New Home Subsidy Program, in addition to a transfer of budget savings from the Aera Park project: One Additional Sworn Police Officer Position * $ 98,000.00 Kern Economic Development Corporation Funding * . 5,000.00 Stockdale Estates Street Light Design * 15,000.00 Fire Station Roof Repairs - Various Stations 60,000.00 Fire Station #7 Rehabilitation 72,000.00 Saunders Playground Rehabilitation 266,000.00 Replacement of Cooling Towers - City Hall South 80,000.00 Replacement of Failed/Damaged Street Lights 25,000.00 Subtotal of Budget Reductions $621,000.00 Transfer of budget savings from the Aera Park project 4,000.00 $625,000.00 *Note: These items were initiated by Council during the budget review process. rks Adm in-Pand D-Majority-MinorityReports-NewHom eSubsidy-06171 1. docx ADMINISTRATIVE REPORT Option #2 The proposed New Home Subsidy Program could be funded with additional sales tax revenue. Staff cautions against this option, due to the uncertainty of State actions and because the property tax and development related forecasts remain stagnant. If the City Council approves the New Home Subsidy Program, appropriate action will also need to be taken under the separate item on this agenda regarding the approval and adoption of the FY 2011 /12 Budget. rks Admin-Pand D-Majority-MinorityReports-NewHomeSubsidy-061711.docx MEETING DATE: June 29, 2011 AGENDA SECTION: Deferred Business ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager June 20, 2011 Fiscal Year 2011-12 Budget: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 1. Resolution Approving and Adopting the Operating and Capital Improvement Budgets for the City of Bakersfield, California for the Fiscal Year 2011-12. 2. Resolution Approving and Adopting the Operating and Capital Improvement Budgets for the Bakersfield Redevelopment Agency for the Fiscal Year 2011-12. 3. Resolution Establishing the City of Bakersfield Appropriations Limit for Fiscal Year 2011-12. RECOMMENDATION: Staff recommends adoption of the resolutions which reflect the Staff Recommended Budget as set forth in Exhibit "A". BACKGROUND: Attached are the resolutions adopting the Fiscal Year 2011-12 City of Bakersfield and Bakersfield Redevelopment Agency Operating and Capital Improvement Budgets which totals $438,399,000. The proposed budgets reflect the funding of the City's operating cost and the funding of various capital improvements, including street and road resurfacing, park and recreation facilities, and improvements to other City-owned facilities for the 2011-12 Fiscal Year. The City of Bakersfield budgets total $420,969,105 with the Operating Budget, including transfers, totaling $363,254,123 and the Capital Improvement Budget totaling $57,714,982. The Bakersfield Redevelopment Agency budgets total $17,429,895. The Capital Improvement Program for FY 2011-12 does not contain any projects for the Bakersfield Redevelopment Agency. The proposed Operating and Capital Improvement Program budgets reflect changes, as outlined in Exhibit "A" attached and explained below, from the Fiscal Year 2011-12 Proposed Budget presented to the City Council on May 4, 2011. These changes include three Council-initiated changes and one staff technical change to the budget. AT:ch S:\11-12BUDPRO\11-12 BUDPRO CLW\11-12BUDPRO\Budget Presentations\11-12 Budget Adoption Admin -062911.docx Page 2 The above-referenced changes are reflected in the Staff recommended City Operating and Capital Improvement Program Budgets and are outlined as follows: Fire, after the proposed budget was presented on May 4, 2011, the Finance Department received updated figures related to Assessment District bonds. Due to interest earning surplus and other factors, it is proposed to call various assessment district bonds totaling $1,969,000. Said bond calls only impact the land of the property owner and do not impact other City funds. Impact Operating (Debt Service) budget appropriations will increase by $1,969,000. Second, during the City Council meeting of May 18th, Councilmembers Couch and Johnson requested staff look into funding an additional Police Service Technician or Sworn Officer Position. Staff responded with a memo (enclosed) which identified funding sources for one additional Sworn Officer Position. Impact_ The total cost associated with this position for FY 2011-12 budgeting purposes is $98,000. The net adjustment to operating budget is $70,000. Staff has proposed to partially fund this position with council contingency funds in the amount of $28,000 already accounted for in the proposed budget. The additional funds for the position ($70,000) were identified in revised positive revenue projections for alarm permits and assessments for weed abatement activities. Third, Councilmember Johnson requested the City become a funding partner with Kern Economic Development Corporation with an amount not to exceed $5,000. Councilmember Weir subsequently requested staff provide the history of the City's relationship with KEDC. A memo outlining the preceding is enclosed. Imgact No adjustment to the overall budget amount. Staff proposes using $5,000 in council contingency funds to support this request. This item does not result in a net increase to the operating budget as proposed on May 4, 2011. Fourth, Councilmember Hanson requested the City install streetlights in the Stockdale Estates area as part of the FY 2011-12 Capital Improvement Program. Staff responded to the request in an earlier memo (enclosed) and has found savings in current year CIP projects to fund $15,000 for design of the streetlights. The remainder of the project is scheduled to be included in FY 2012-13 CIP budget. Impact: The CIP budget will be increased by $15,000 with the source of funds being savings from current fiscal year CIP projects. No projects in the FY 2011-12 CIP were impacted by the addition of this project. New Home Subsidy Program Councilmember Weir proposed a new home subsidy program where the City would pay $2,500 to new homeowners. Under the proposed plan funding would be provided for the Page 3 first 250 eligible applicants. The total amount of funding to pay for the program as proposed would be $625,000. If Council approves this program, staff has identified two funding scenarios: • Scenario #1: Fund program completely with additional sales tax revenue; See Exhibit "A". Note: Staff cautions the use of additional sales tax revenue as a funding source due to the ongoing unrest at the State level and continuing stagnant property tax and development-related revenue forecasts. Furthermore, the additional sales tax revenues may be used as a source for any 'takes' by the State at a future time. • Scenario #2: Fund program through cuts to items currently included in the Staff Recommended Budget; See Exhibit "B". Note: some items identified as funding sources for the program were previously initiated by Councilmembers during the current budgeting process. Impact: If the new home subsidy program is approved, general fund expenditures will increase by $625,000 over the proposed budget if no other reductions are made. If the alternate funding sources are utilized, there would be no net impact to the proposed budget as presented on May 4, 2011. Appropriations Limit The resolution adopting the Fiscal Year 2011-12 Appropriations Limit of $285,466,741 is also included with this Administrative Report for Council consideration and adoption as required by State law. The City's appropriations which are subject to the limit total $123,716,904. Therefore, the proposed appropriations are significantly below the maximum limit allowed by State law. State Legislative Update and Economic Environment Overview It is important to note that as of the date of this report, the State budget was not adopted by the statutorily required deadline. Therefore, the City's budget as proposed will likely be subject to change as the State may consider a number of actions which will impact the City including the possible elimination of the Bakersfield Redevelopment Agency and the reduction of booking fee reimbursements and COPS funding. A raid on City coffers by the State is imminent, but the sources and to what extent are not precisely known at this time. Staff will continue to monitor the Legislature's discussions in order to prepare for any adjustments to the City's budget once the State budget is adopted. Although some economic indicators, mainly local sales tax receipts, have shown signs of positivity, it is noted that the current economic environment remains very unstable. Staff does not expect the double-digit sales tax growth to continue in FY 2011-12 and notes projected sales tax revenues for FY 2011-12 are on track to equal the actual sales tax receipts for FY 2004-05. Additionally, property tax and other general fund revenue sources (development fees, etc.) remain at historically low levels with no positive trending in sight. Therefore, staff reiterates the need to move into FY 2011-12 cautiously. Page 4 Attachments Exhibits "A" and "B" d O O sir O M O H O O O tH C p t U Q x W 0 C) ' O O O J O O p O O Q O O O ° rl- ate-- 1 OOf N Lf) N M Q i O M co O 0 M T- N co q CA V w v+ r► w V ° 0 0 0 ° w a c~ - Q v F- Z W w w w w O O W) ° 0 0 0 ~ ° W) Z co ~ J W F C4 N p W r w a w 0 w w w w ° O O °O 00 cco o ° N oo p o O o~ w a a) co V N N Y w w w m (7 N p 0 ° ° O N O N LL. Z V~ O O O vl O V 0 W) 0) ° N N C CIL C D Cit V W ~ N w co d M M M O w w w w H 0 Q Q cON~ O Z Z N ~ I- p o - - ~ . LL c ~ a~ CL 9 CD C (D a 0 W. N CL V O c O N d _ 40 Ul ~ C Q ~ ~ m ° 8 rn d as p N C O y CU Q m O w C~ m N w 0 co CL c Y cm O ` "a d d ` d = c-4Z G °3 (n a N a c 3 > > m o c ? d a E w ? . p ~ N J O ~ 3 N O W 4) C d C N O N C O 0 d > IJ N O V C C0 t0 E H U. U) p Q E u) -6 . cL O Y O _ wv~ L 0 ~ U) CO ~ V c O O 2 A ; p z lz a o N U) Q ai 0 V Q V U) y ~ o z m a v - ° Q av i c.i v M 0 4 z h e N O 0 N 01 G_ 13 3 C C o th o G E C ~ Q O U !r 00 O 'a- N x OL $ W O ~ h ar v N a O O V a o Vf O C t 4w O c z ~ 3 N V 0,7 G CSC Z L2 d O C ay C C N U. d ~ o 2 3 dQ Z m r x W 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z po 0 00 00 0 0 0 0o po o 0 W) M O O O O O O O O O : O C4 w 0 C6 L6 L6 CO D C4 O CD opD N T- N Q N O to to EA to EA EA to to EA ~ ~ W co p O O ~ O N p O Z Z N a a a a a a °z :3 O O m m M M M M M LL CD C H c C Q C 7 U- V 7 O 0 0 C c°n t/! CL 0 a cn O N rr Cn U uN y W o c N rn J c m U Y Y 0 Q E O N (D a D 0 U) CL Q. E > O a N = D v C N O M E d H U) CL 0 ` CL of 2 CL N Z G U U C p c p N C N C E n d' N O IL C Z00 » w0 cc d W o_ o a U U- 46 c'o U. w C W O N . T V W 0 N .0 N U 0 O) N N U) Co p c a U) ) G $ O = ci O V Y $ cn ii LL cn o: rn - a a c IL z a V C-; V ri v L6 cd ti oo H ai BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 8, 2011 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Salas, Benham, Weir, Hanson, Sullivan, Johnson Absent: None 2. INVOCATION by Pastor Richard Thompson, First United Methodist Church. 3. PLEDGE OF ALLEGIANCE by Emily Fick, 2nd grade student at Almondale Elementary School. Mayor Hall acknowledged the professional development class from California State University, Bakersfield, in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation declaring June 9, 2011, Dr. Hans Einstein Day. Dr. Einstein accepted the Proclamation and made comments. b. Presentation by Raul Rojas, Public Works Director, to City Council of awards received for the Wastewater Treatment Plant No. 3 Expansion Project. Public Works Director Rojas acknowledged the efforts of Wastewater Treatment Manager Sun and former Wasterwater Treatment Manager Chianello, and announced the various awards received for the Project. ACTION TAKEN Bakersfield, California, June 8, 2011 - Page 2 5. PUBLIC STATEMENTS ACTION TAKEN a. Judd Welte, with Team BeachBody, spoke regarding free community fit clubs being conducted to help end obesity in our city. b. Victoria Champion, with Team BeachBody, spoke in support of ending the trend of obesity in our city and submitted written material. C. Gene Tackett, representing the California High Speed Rail Authority, spoke regarding a public High-Speed Train meeting on June 22nd, and a meeting of the High Speed Rail Authority Board on July 14t", and submitted written material. 6. WORKSHOPS a. Department Budget Presentations: 1. Water Resources Water Resources Manager Chianello made staff comments and provided a PowerPoint presentation. 2. Rabobank Arena, Theater and Convention Center General Manager Womack made staff comments and provided a PowerPoint presentation. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 18, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from May 5, 2011 to May 25, 2011 in the amount of $14,142,608.71 and self-insurance payments from May 6, 2011 to May 25, 2011 in the amount of $124,526.52, totaling $14,267,135.23. Bakersfield, California, June 8, 2011 - Page 3 8. CONSENT CALENDAR continued ACTION TAKEN Ordinances: None. Resolutions: C. Resolution adopting a policy regarding a cash RES 038-11 basis reserve fund. (Budget & Finance Committee) d. Resolution adopting a policy regarding a RES 039-11 pension stabilization fund. (Budget & Finance Committee) e. Resolution to add territory, Area 2-47 (5001 Ming RES 040-11 Avenue) 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. Resolution to add territory, Area 4-101 (117 N RES 041-11 Street) 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 adopting sewer connection fees RES 042-11 pursuant to Section 14.12.380 of the Municipal Code. h. Resolution providing for the collection of RES 043-11 residential refuse fees by the Kern County Auditor-Controllers's Office. Resolution providing for the collection of RES 044-11 residential blue cart recycling fees by the Kern County Auditor-Controller's Office. j. Delinquent refuse and sewer charges on FY 11 / 12 property tax rolls: 1. Resolution providing for the collection of RES 045-11 delinquent refuse fees by the Kern County Auditor-Controller's Office. 2. Resolution providing for the collection of RES 046-11 delinquent sewer fees by the Kern County Auditor-Controller's Office. Bakersfield, California, June 8, 2011 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN k. Sewer connection fee assessments for 620 Palo Verde Avenue: Resolution confirming the assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Sergio Jara for Virote Holdings, LLC to pay sewer connection fee in installments and notice of special assessment lien. Agreements: I. Agreement with Duane Morris, LLP ($5,000 per month; not to exceed $65,000) to provide legal service on a variety of miscellaneous and routine water issues that arise in the daily operations of Water Resources. M. Agreements with the following for outside legal services in various matters: 1. Caswell, Bell & Hillison ($100,000) for general Assessment District matters. 2. Caswell, Bell & Hillison ($100,000) for Assessment District Foreclosure (AD 05-1 /City in the Hills). 3. Clifford & Brown ($75,000) for general miscellaneous issues. 4. Clifford & Brown ($75,000) for general personnel issues. 5. Clifford & Brown ($100,000) for Derek Lyons v. City. n. Agreement with Hanna, Brophy, MacLean, McAleer & Jensen (not to exceed $150,000 per year for 2 year term) for Workers' Compensation legal services. o. Agreement with Definiti Healthcare Management (not to exceed $200,000 per year for 2 year term) for Workers' Compensation bill review services. RES 047-11 AGR 11-054 AGR 11-055 AGR 11-056 AGR 11-057 AGR 11-058 AGR 11-059 AGR 11-060 AGR 11-061 AGR 11-062 Bakersfield, California, June 8, 2011 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN P. Agreement with City of Shafter for operation and maintenance of traffic control signal and lighting systems at intersections of joint City of Bakersfield and City of Shafter jurisdictions. q. Agreement with State of California Department of Public Health and U.S. Department of Housing and Urban Development ($375,881) for Housing Opportunities for Persons with HIV/AIDS Entitlement Program (HOPWA). r. Amendment No. 1 to Agreement No. F10-015 with Wholesale Fuels Inc. ($40,000; revised not to exceed $80,000 and extends term 1 year) to supply propane. S. Kern River Canal adjacent to Pioneer Central and Pioneer South spreading facilities: 1. Reimbursement Agreement with Kern County Water Agency (not to exceed $125,000) for repair of damages to the Kern River Canal. 2. Appropriate $125,000 Miscellaneous Revenue from Kern County Water Agency to the Water Resources Department Operating Budget within the Agricultural Water Fund for reimbursement of repairs to the Kern River Canal. t. Amendment No. 5 to Agreement No. 97-181 with Flying Puck, LLC (Bakersfield Condors) to extend the term of lease at Rabobank Arena for an additional 7 years. U. Amendment No. 1 to Agreement No. 10-080 with Pacific Building Care ($43,372; revised not to exceed $86,744 and extends term 1 year) for janitorial maintenance of City Hall North. V. Amendment No. 1 to Agreement No. 10-106 with Toter, Inc. ($542,224.25; revised not to exceed $1,084,448.50 and extends term 1 year) for trash carts. AGR 11-063 AGR 11-064 AGR 11-065 AGR 11-066 AGR 97-181(5) AGR 10-080(1) AGR 10-106(1) Bakersfield, California, June 8, 2011 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN W. Amendment No. 5 to Agreement No. 06-219 with Ameripride Uniform Services (no increase in amount, extends term 1 year) for industrial laundry services. X. Amendment No. 1 to Agreement No. 10-107 with Kern Sprinkler Landscaping, Inc. (no increase in amount, extends term 1 year) for landscape and irrigation services. Y. Amendment No. 2 to Agreement No. 90-279 with Nextel Spectrum Acquisition Corp. (increase rent and extends term) for radio tower lease at 8101 Ashe Road. Z. Amendment No. 2 to Agreement No. 09-081 with County of Kern ($338,110; revised not to exceed $997,210, and extends term 1 year) for animal control services. aa. Contract Change Order No. 1 to Agreement No. 10-160 with Loop Electric Inc. ($29,928.33; revised not to exceed $227,782.59) for the Traffic Signal & Lighting System-South H Street and Hosking Road Project. Bids: bb. Reject all bids for mobile command unit for the Fire Department. cc. Accept bid and approve annual contract with Spence Spraying Service ($42,500) for chemical application for Water Resources. dd. Q Street Streetscape Improvements from Truxtun Avenue to 24," Street Project: 1. Accept base bid and additive alternate No. 1 and approve contract with Kern Pacific Construction ($4,933,760.45) for construction of project. 2. Agreement with Central Valley Independent Network (estimated cost $54,000) for reimbursement of costs for installation of conduit for fiber optic cables in Q Street. AGR 06-219(5) AGR 10-107(1) AGR 90-279(2) AGR 09-081(2) AGR 10-160 CCOI AGR 11-067 AGR 11-068 AGR 11-069 Bakersfield, California, June 8, 2011 - Page 7 8. CONSENT CALENDAR continued Item 8.dd. continued 3. Appropriate $54,000 Other Agency Share of Project Cost to Public Works Department Capital Improvement budget to reimburse City for fiber optic cable to be installed by contractor on behalf of Central Valley Independent Network within the Proposition 1 C-Mill Creek Fund. 4. Transfer $575,600 from the Mill Creek Linear Park Plaza Project to the Q Street Improvement Project within the Capital Improvement budget within the Old Town Kern Redevelopment Fund. Miscellaneous: ee. Authorize Finance Director to write off accounts receivable in various funds totaling $94,715.36 and forward non bankrupt accounts to a collection agency for additional collection efforts. ff. Appropriate $3,098,550 in Federal SAFETEA-LU funds to the Public Works Capital Improvement budget within TRIP for the SR 178 Widening Project. gg. Traffic Signal & Lighting System Installation at the Intersection of McKee and South H Street Project: 1. Appropriate $161,110 Federal Congestion Management Air Quality funds to the Public Works Department Capital Improvement budget within the SAFETEA-LU Fund for project. 2. Appropriate $25,000 Transportation Development balance to the Public Works Department Capital Improvement Budget for the local share of project. ACTION TAKEN Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.gg. Bakersfield, California, June 8, 2011 - Page 8 9. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN a. Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2011-2012 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of resolution.) b. Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the 2011-2012 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of resolution.) C. Protest Hearing to consider Resolution approving and adopting the Public Works Director's Report for seventeen (17) Traffic Signal Maintenance Districts and the 2011- 2012 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. (Staff recommends overriding protests and adoption of resolution.) d. Public Hearing to consider the following MOVED TO Resolutions for FY 2011-12 (proposed 2.5% rate HEARINGS increase) (Staff recommends adoption of resolutions): 1. Resolution establishing sewer and storm sewer service user charges. 2. Resolution establishing industrial and commercial sewer service user surcharges. (Hearing opened and continued at 04113111 meeting.) Consent Calendar Public Hearings opened at 6:16 p.m. No one spoke. Consent Calendar Public Hearings closed at 6:17 p.m. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar Public Hearings items 9.a. through 9.c. Bakersfield, California, June 8, 2011 - Page 9 10. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b) (3) (A) of Government Code Section 54956.9. (One matter) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 regarding Erica Morataya, et al v. City - KCSC Case No. S-1500-CV-267729 WDP. Motion by Vice-Mayor Couch to adjourn to Closed Session at 6:18 p.m. Motion by Councilmember Weir to adjourn from Closed Session at 7.12 p.m. RECONVENED MEETING AT 7:25 p.m. 11. 12. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b) (3) (A) of Government Code Section 54956.9. (One matter) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 regarding Erica Morataya, et al v. City - KCSC Case No. S-1500-CV-267729 WDP. REPORTS a. Department Budget Presentations: 1. Recreation and Parks Recreation and Parks Director Hoover made staff comments and provided a PowerPoint presentation. 2. Economic and Community Development Economic Development Director Kunz made staff comments and provided a PowerPoint presentation. ACTION TAKEN APPROVED APPROVED NO REPORTABLE ACTION NO REPORTABLE ACTION Bakersfield, California, June 8, 2011 - Page 10 12. REPORTS continued ACTION TAKEN Item 12.a.2. continued Councilmember Johnson asked that $5,000 be allocated from Council contingency set aside to the Economic Development Department so that the City can be a funding partnership with Kern Economic Development Corporation. 13. HEARINGS a. Public Hearing for the Fiscal Year 2011-2012 NO ACTION Operating, Bakersfield Redevelopment Agency REQUIRED and Capital Improvement Program Budgets. Administrative Analyst Huot made staff comments. Hearing opened at 8:13 p.m. No one spoke. Hearing closed at 8:14 p.m. b. Public Hearing to consider the following Resolution regarding a request by taxicab companies to alter the current rate schedule. 1. Resolution establishing taxicab service RES 053-11 charges. Administrative Analyst Huot made staff comments and recommended adoption of the Resolution with the staff suggested rates. Hearing opened at 8:16 p.m. No one spoke in opposition to the staff recommendation. Jeff Brezinski, owner of Blue Star Taxi Company, spoke in support of the staff recommendation. Hearing closed at 8:19 p.m. Motion by Vice-Mayor Couch to adopt the APPROVED Resolution with the staff suggested rates. Bakersfield, California, June 8, 2011 - Page 11 13. HEARINGS continued ACTION TAKEN C. Public Hearing to consider the following Resolutions for FY 2011-12 (proposed 2.5% rate increase) (Staff recommends adoption of resolutions) : 1. Resolution establishing sewer and storm RES 051-11 sewer service user charges. 2. Resolution establishing industrial and RES 052-11 commercial sewer service user surcharges. (Hearing opened and continued at 04113111 meeting.) Clark Garl, owner of the New Yorker Apartments, asked that staff take a better look at the way the fee structure is configured with respect to the price per door fee for the unique older buildings downtown that have been remodeled to provide affordable housing. Hearing closed at 8:24 p.m. Motion by Vice-Mayor Couch to adopt the resolutions. APPROVED 14. DEFERRED BUSINESS None. 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Benham asked staff to consider giving customers the option of going paperless by receiving bills and communications electronically. Councilmember Benham asked that staff ensure that all pertinent information is provided to those firms and/or Individuals who submit project bids. Councilmember Benham thanked reporter Gretchen Wenner and wished her well in her move. Councilmember Johnson thanked Chief Williamson for a prompt response by the Police Department to multiple complaints regarding a large group congregating at businesses in his Ward; and he wished Gretchen Wenner good luck. Bakersfield, California, June 8, 2011 - Page 12 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Weir thanked and congratulated Recreation and Parks Director Hoover and Public Works Director Rojas for the Mesa Morin Sports Complex. Councilmember Weir asked staff to report back on what the maximum consequences might be, and what actually happened, to the teens who recently attempted to bury puppies alive. Councilmember Weir asked staff to provide a report on what the future looks like and what funding sources may be available in order to continue bonding for matching funds for TRIP projects now that the revenue from transportation Impact fees has decreased, and how it will affect the general fund in a few years. Councilmember Weir asked staff to provide a detailed report on the history of the City's relationship with Kern Economic Development Corporation, Including the costs the City has incurred, and the results obtained as a result of the expenditures of those funds. Councilmember Weir invited everyone to come out and experience the new Mesa Morin Sports Complex. Councilmember Salas thanked his online supporters. Councilmember Salas acknowledged the efforts of Fire Chief Greener and the Fire Department for the recent fire safety academy for kids conducted at Station 5. Councilmember Salas asked that the Economic and Community Development Department provide information regarding the Neighborhood Stabilization Program and what potential benefits there may be for the Bakersfield Senior Center. Councilmember Salas expressed his congratulations to Gretchen Wenner. Councilmember Sullivan thanked Gretchen Wenner and wished her well. Bakersfield, California, June 8, 2011 - Page 13 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan advised that she recently witnessed an object being tossed from a vehicle on the freeway, which hit her vehicle, and that she wrote down the license plate number and reported it to the Police Department, she asked about the possibility of notifying the offender, possibly In the form of a strong letter, advising that this type of behavior will not be tolerated. Councilmember Sullivan asked staff to provide information as to what can be done to reduce the number of loose dogs in the streets, and to make sure that dogs In their yards are licensed and neutered, and if not, then the pet owners should be ticketed and/or fined, and the dogs confiscated. Councilmember Sullivan announced that she is pleased to be a part of the Safe Neighborhoods Committee and appreciates everyone involved. Councilmember Couch thanked Gretchen Wenner. Councilmember Couch asked the City Manager to continue to work with the High Speed Rail Authority to impress on them the importance of the proposed West Beltway alignment. Mayor Hall announced that, since March, three new adopt-a-highway people have taken on different areas of the city, as well as seven renewals of agreements for the Adopt-A-Highway Program; that he and a group of 34 Hall Ambulance employees recently picked up 48 bags of trash between Ming and California Avenue; and, once again, stressed the importance of community pride. Mayor Hall acknowledged the efforts of a group of independence High School students, the Falcon Autistic Solar Team, who won the President's Environmental Youth Award from the Environmental Protection Agency of the Federal Government, as well as the California High School Project of the Year Award from the National Energy Education Development Project. Bakersfield, California, June 8, 2011 - Page 14 17. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 8:47 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield