HomeMy WebLinkAbout07/13/11 CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
plow AGENDA
MEETING OF JULY 13, 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 Dr. Larry Corcoran, Central Baptist Church.
3. PLEDGE OF ALLEGIANCE by Joseph Keay, 31d grade student, Old River Elementary School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Craig Neville, owner of Henley's
Photo, declaring July 13, 2011, Henley's Photo Day.
5. PUBLIC STATEMENTS
6. WORKSHOPS
(10 min) a. Healthy Air Living (presented by the San Joaquin Valley Air Pollution Control District)
7. APPOINTMENTS
(Ward 6) a, One appointment for an Alternate Member to the Keep Bakersfield Beautiful
Committee, due to the opening created by the appointment of Antonio Martinez as
a Regular Member, whose term as an Alternate was to expire November, 2012.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 29, 2011 Regular City Council Meeting.
Payments:
b. Receive and file department payments from June 17, 2011 to June 30, 2011 in the
amount of $10,074,444.96 and self-insurance payments from June 17, 2011 to
June 30, 2011 in the amount of $465,663.35, totaling $10,540,108.31.
Ordinances:
C. First Reading of Ordinance amending Municipal Code Section 14.12.390, Subsections
B and C, relating to sewers,
d. First Reading of Ordinance amending Chapter 5.08 of Municipal Code relating to
Alarm Regulations.
(Ward 4,7) e. First Reading of Ordinance amending Municipal Code Sections § 1. 12.040 and
§ 1. 12.070 by adding Annexation No. 548 consisting of 567.66 acres located along the
south side of Stockdale Highway, west of Renfro Road and Annexation No. 608
consisting of 287.88 acres located along the south side of Seventh Standard Road,
north of Snow Road and west of Coffee Road to Ward 4; and Annexation No. 627
consisting of 4.78 acres located along the east side of Stine Road between McKee
Road and Taff Highway to Ward 7.
8. CONSENT CALENDAR continued
Resolutions:
(Ward 4) f. Resolution approving application for annexation of uninhabited territory to the City
identified as Annexation No. 637 consisting of 10.45 acres located west of Calloway
Drive along the north side of Rosedale Highway.
(Word 1) g. Resolution 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 and authorizing collection of assessments by the Kern
County Tax Collector.
(Ward 2) h. Resolution authorizing the filing of an application with the Kern Council of
Governments for allocation of Transportation Development Act funds for FY 11 /12
($239,997) for maintenance of the Bakersfield Amtrak Station during said fiscal year.
(Ward 2) i. Resolution authorizing the execution of a standard agreement or other documents
to secure a Housing Related Parks Grant from the California Department of Housing
and Community Development for the proposed Mill Creek Linear Park Sister City
Garden.
Agreements:
(Ward 2) j. Agreement with Padre, L.P. for Economic Development job creation activities
associated with the 19th and H streets staging area project adjacent to the
Downtown Arts District.
(Word 3) k. Utility Agreement with Pacific Gas and Electric Co. ($29,460) for relocating one pole
along the Masterson Street alignment.
(Word 4) I. Reimbursement Agreement with Kern County Water Agency ($28,000) for relocation
of a water pipeline and an electrical line for the Westside Parkway Phase 6A Project.
(TRIP)
(Ward 2) M. Amendment No. 5 to Agreement No. 06-208 with Dokken Engineering ($441,000;
revised not to exceed $7,808,674) for engineering design services for Phase 4 of the
Westside Parkway Project. (TRIP)
n. Amendment No. 2 to Agreement No. 09-087 with CompuCom Systems, Inc.
($215,385.20) to provide Microsoft licenses for 1,029 computers.
o. Amendment No. 2 to Agreement No. 09-122 with Granite Construction, Inc.
($750,000; revised not to exceed $1,750,000 and extends term 1 year) for HUD
funded street materials.
P. Amendment No. 2 to Agreement No. 10-063 with Pavement Recycling Systems, Inc.
($200,000; revised not to exceed $492,000) for cold planing.
q. Amendment No. 2 to Agreement No. 10-177 with Stay Green, Inc. ($100,000; revised
not to exceed $235,000) for tree trimming.
(Word 2) r. Contract Change Order Nos. 6, 8, 10 and 11 to Agreement No. 08-214 with Security
Paving Company, Inc. ($844,440.27; revised not to exceed $29,074,006.08) for
construction of the Westside Parkway Phase 1 Project. (TRIP)
City Council Meeting of 07/13/2011
8. CONSENT CALENDAR continued
(Ward 3) s. Contract Change Order Nos. 36, 63, 72, 73 and 98 to Agreement No. 07-304 with
Security Paving Construction ($93,465.43; revised not to exceed $33,076,815.13) for
State Route 178 and Fairfax Road Interchange Project. (TRIP)
(ward 2,4,5,6) t. Contract Change Order No. 4 to Agreement No. 10-079 with JO-SH General
Engineering, Inc. ($120,336.76; revised not to exceed $1,024,542.53) for adjustment of
water main installations as a result of utility conflicts at various locations within the
project.
Bids:
Miscellaneous:
U. Department of Housing & Urban Development (HUD), Community Development
Block Grant (CDBG) Amendment No. 5 (FY 10-11).
Staff recommends adoption of Consent Calendar items 8.a, through 8.u.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(3)(B) of Government Code Section 54956.9 (one matter): State action to
eliminate redevelopment agencies.
RECESS TO CLOSED SESSION
11. CLOSED SESSION ACTION
12. HEARINGS
(Ward 4) a. Public Hearing to consider Hooper Avenue and Kimberly Avenue Planned Sewer
Area:
Resolution adopting the Hooper Avenue and Kimberly Avenue Planned Sewer
Area and making findings thereto.
2. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code
relating to Sewer Facilities to include the Hooper Avenue and Kimberly
Avenue Planned Sewer Area. (FR 06129111)
Staff recommends adoption of resolution and ordinance.
13. REPORTS
a. State of California Budget Approval and impact to the Bakersfield Redevelopment
Agency:
Staff Report regarding the status of recent State budget actions and
significant impacts to the Bakersfield Redevelopment Agency.
2. Resolution stating the City's intention to make remittances required by
ABX1 27 in order to avoid dissolution of the Bakersfield Redevelopment
Agency.
Staff recommends acceptance of the report and adoption of the resolution.
3 City Council Meeting of 07/13/2011
14. DEFERRED BUSINESS
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
'04w 4z
Alan Tandy
City Manager
4 City Council Meeting of 07/13/2011
AGENDA HIGHLIGHTS
July 13, 2011 COUNCIL MEETING
Item Sc. First Reading of an Ordinance amending the Municipal Code relating to sewers. At the
June 29, 2011 Council meeting, Vice-Mayor Couch requested staff consider extending the time
period for property owners to pay the cost related to sewer connection fees and/or the sewer
construction fees from five (5) years to seven (7) years. This Ordinance will amend the Municipal
Code to allow property owners of single-family residences to pay the above fees through their
property tax bill over a period not to exceed seven (7) years.
Item 8d. First Reading of an Ordinance amending the Municipal Code relating to alarm
regulations, In 2009, the Police Department began a comprehensive review of the alarm system
regulations in the City, largely due to the high volume of false alarm responses on an annual basis.
Following multiple meetings with industry representatives and the Legislative and Litigation
Committee, recommended changes to the City's Alarm Regulations are being recommended to
the Council. The revised code section provides clear and comprehensive regulations related to
alarm systems, including identifying the duties and responsibilities of alarm users and installers as
well as revising false alarm allowances and penalties.
Item 8j. Agreement with Padre L.P. for economic development job creation activities associated
with the 19th and H Streets staging area 1r ject adiacent to the Downtown Arts District. As part of
the FY 2010-11 Action Plan, the Council designated CDBG funds to extend Bakersfield Downtown
Arts District infrastructure improvements, including the alley behind the Downtown Post Office and
sidewalks east and south of the Padre Hotel. An additional component of these improvements is a
planned staging area with hardscape and trash compactor improvements on an underutilized
corner, located at the southwest corner of 19th and H Streets, which is owned by the Padre Hotel,
LP. The new staging area will be used for a variety of purposes including valet parking, community
events such as "First Friday" and other arts and cultural activities. The cost of these specific
improvements to the staging area are estimated at $107,000. The Padre Hotel, LP will be
purchasing a new trash compactor to replace the overloaded shared trash bins currently located
in the alley. Under CDBG regulations, any use of funds for improvements to privately owned
property requires a commitment by the property owner to create a specific amount of jobs based
on the amount of funds invested. As a result of this investment, the Padre has agreed to add four
(4) full-time jobs.
Item 8k Utility Agreement With Pacific Gas and Electric Co. for relocating one Dole along the
Masterson Street alignment. Part of the City in the Hills development included improvements to
Masterson Street from Paladino Drive to State Route 178. These improvements were to be
completed by the master developer in two segments. Unfortunately, the master developer was
unable to complete the improvements and the City stepped in. The City has completed the first
segment of improvements, from Paladino Drive to just south of Panorama Drive. The second
segment of Masterson improvements cannot be constructed until a power pole is relocated
outside the future travel way. This Agreement will accomplish this component of work so that the
second segment of improvements can be constructed. Funding for this Agreement, in the
amount of $29,460, will come from assessment district proceeds identified for the Masterson Street
Improvements.
Item 8u. Department of Housing & Urban Development (HUD). Community Development Block
Grant (CDBG) Amendment No. 5 (FYI 0-11). An amendment to the HUD FY 2010-11 Action Plan is
required to address the following change proposed by the Economic and Community
Development staff to reduce the FY 2010-11 Alley and Sidewalk Refurbishment Project which
includes the alley behind the Downtown Post Office and sidewalks east and south of the Padre
Hotel. The budget for this project is $431,401 and staff is requesting to transfer $107,000 in order to
create a new project identified to reconstruct the surface staging area located at the southwest
corner of 19th and H streets (See item 8j). The transfer of funds from the Alley Refurbishment Project
will not negatively impact the City's ability to implement the Ailey Refurbishment Project, nor will it
change the scope of the project.
There will be a conference with legal counsel regarding one matter of potential litigation.
Item 12a. Public Hearing to consider Hooper Avenue and Kimberly Avenue Planned Sewer Area.
In 2008 and 2009, Hooper Avenue and Kimberly Avenue were annexed into the City. As part of
the annexation agreement, the City agreed to construct sewer improvements for the annexed
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, which will be reimbursed as existing single-family dwellings within the area
connect to the trunkline.
Item 13a. State of California Budget Approval and Impact to the Bakersfield Redevelopment
erica. Staff will be providing a report regarding the recently approved State Budget Bill and
related trailer bills and their impacts to the City's Redevelopment Agency. Staff will provide an
overview of the new laws and discuss the options that they provide. In short, one option is to
eliminate the City's Redevelopment Agency, which will result in the establishment of a new
oversight board to oversee the dissolution of the agency and its assets; a second option allows the
City's Redevelopment Agency to continue its activities by agreeing to pay significant annual
payments to newly established funds. The second item of the report will be a recommendation.by
staff for the Council to pass a Resolution stating the City's intention to make the necessary
payments required by the new low in order to avoid dissolution of the Bakersfield Redevelopment
Agency.
Approved:
cc: Department Heads
Alan Tandy, City Manager City Managers File
city clerks File
News Media File
Agenda Highlights - July 13, 2011 Council Meeting
Page 2
MEETING DATE: July 13, 2011 AGENDA SECTION: Presentations
ITEM: to,
TO: Honorable Mayor and City Council APPROVED
FROM: Mayor Harvey L. Hall DEPARTMENT HEA
DATE: June 30, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Craig Neville, owner of Henley's Photo,
declaring July 13, 2011, "Henley's Photo Day" in Bakersfield.
RECOMMENDATION:
BACKGROUND:
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June 30, 2011, 1:58PM
WAMAYORWDMIN\2011\Henleys Photo Day.docx
MEETING DATE: July 13, 2011 AGENDA SECTION: Workshops
ITEM: (.#.q,
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Roberta Gafford, City Clerk
July 1, 2011
Healthy Air Living (presented by the San Joaquin Valley Air Pollution Control District)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
None.
BACKGROUND:
As part of the current Healthy Air Living outreach campaign, the San Joaquin Valley Air Pollution
Control District will make a brief presentation addressing the air quality challenges in the valley.
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~ ADMINISTRATIVE REPORT
0
MEETING DATE: July 13, 2011 AGENDA SECTION: Appointments
ITEM: 7, a.
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD -T
DATE: June 30, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: One appointment for an Alternate Member to the Keep Bakersfield Beautiful
Committee, due to the opening created by the appointment of Antonio Martinez as a Regular
Member, whose term as an Alternate was to expire November, 2012. (Ward 6)
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND:
There is one vacancy for an Alternate Member on the Keep Bakersfield Beautiful Committee
(KBBC) for Ward 6. Mr. Antonio Martinez previously represented Ward 6 as the Alternate Member
on the Committee; however, he was recently appointed to fill a Regular Member vacancy for
Ward 1. Therefore, an opening was created for Ward 6 by this recent selection. The term for
the Alternate Member will expire November, 2012.
One application for appointment has been received from Sophia Louann Ramirez.
The Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The Committee is
comprised of eight (8) Mayor/Council-appointed members, who take on the responsibility of
decision making for the beautification program. On July 30, 2009, the City Council adopted
Ordinance 4520 which allows each Councilmember and the Mayor to appoint one Alternate
member to the KBBC. Each Alternate is allowed to vote in the place of their corresponding
appointed Regular Committee members when absent.
The duties of the KBBC are to recommend policies and specific programs to the City Council
which promote the Mission Statement of the KBBC, as reflected in its Bylaws on file with the City
Clerk. In addition, the KBBC shall actively participate in the implementation of various programs
and projects to achieve the KBBC Mission Statement. The Committee Coordinator of the KBBC
will be the liaison between KBBC and the City Council, and shall provide the Council, upon
request, written reports on the activities of the KBBC.
The news release for this recruitment was posted on May 24, 2011.
July 5, 2011, 11:01 AM
S:\Bds&Comm\KBBC\Alternates\2011\Admin - Ward 6 appt - July 201 l .docx
Page 1
RG:al
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: Q,
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD
DATE: July 1, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of Minutes of the June 29, 2011 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
(iW
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: 5.b.
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD / .
DATE: June 30, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file department payments from June 17, 2011 to June 30, 2011
in the amount of $10,074,444.96 and Self Insurance payments from June 17,
2011 to June 30, 2011 in the amount of $465,663.35, totaling $10,540,108.31.
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
June 30, 2011, 4:17PM
SAKim GWDMUCOUNCIL-ADMIN-AP-2011 WDMIN-AP 071311.doc
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: g. c,,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
July 5, 2011
DEPARTMENT HEAD
APPROVED
CITY ATTORNEY
CITY MANAGER
First Reading of an Ordinance amending Section 14.12.390 Subsection B and
Subsection C of the Municipal Code relating to Sewers.
RECOMMENDATION: Staff recommends first reading of the Ordinance.
BACKGROUND:
At the City Council meeting of June 29, 2011, Vice-Mayor Couch requested staff consider
extending the time period for property owners to pay the cost for sewer connection fees and/or
the sewer construction fees from five years to seven years.
Currently, the City may enter into an agreement to allow property owners of single family
residences to pay the fees through the property owner's property tax bill for a period not to
exceed five years. This ordinance will extend the not-to-exceed period to seven years. There is
no interest charged to the property owner during this period, and the costs are reflected as a lien
on the owner's property.
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SACOU NC IL\Admins\ 11-12\SewerFees.doc
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent
ITEM: $.d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
July 5, 2011
First reading of Ordinance amending Chapter 5.08 of the Bakersfield Municipal
Code relating to Alarm Regulations. (All wards)
APPROVED
DEPARTMENT HEAD T
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
In 2009, the Bakersfield Police Department (BPD) began a comprehensive review of the alarm
system regulations in the City of Bakersfield (City). Following several meetings with the Legislative.
and Litigation Committee, as well as three public meetings with alarm industry representatives,
the BPD concluded that City practices were ineffective and out of date with industry standards.
For a background review of the various City alarm issues, refer to the May 6, 2011 BPD
memorandum (attached). On June 20, 2011 the Legislative and Litigation Committee
recommended revisions to the existing alarm ordinance which reflected BPD'S desired changes.
The proposed ordinance deletes the present Chapter 5.08 in its entirety and is replaced by this
ordinance.
The following highlights the provisions of the new alarm ordinance:
1) Definitions - The definitions are clearer and more comprehensive in description
of alarm-related terms.
2) Duties of Alarm Users and Duties of Installation/Monitoring Companies - These
sections detail the duties of all parties, from installation to continued monitoring
of alarm systems.
3) False Alarms - Alarm users will only be allowed five false alarms during any
twelve month period, whereas in the prior ordinance ten were permitted.
4) Civil/C(minal Remedies - In addition to false alarm fees, this ordinance provides
for both civil and criminal remedies.
5) User Friendly - Generally, the new ordinance is much clearer and more user
friendly.
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S:\C O UNC 1 L\Ad mins\ 11-12\A1armOrdina nce.docx
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: J. e-.
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: June 20, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections
§ 1. 12.040 and § 1. 12.070 by adding Annexation No. 548 consisting of 567.66 acres
located along the south side of Stockdale Highway, west of Renfro Road and
Annexation No. 608 consisting of 287.88 acres located along the south side of
Seventh Standard Road, north of Snow Road and west of Coffee Road to Ward
4; and Annexation No. 627 consisting of 4.78 acres located along the east side
of Stine Road between McKee Road and Taft Highway to Ward 7. (Wards 4 & 7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 548, 608 and 627 into their
corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 548 is located along the south side of Stockdale Highway, west of Renfro
Road. The annexation territory includes 567.66 acres known as Stockdale Ranch. The property
owners (Castle & Cooke California, Inc. & Boathouse Farms, LLC.) requested annexation for
development purposes and to receive city services. No development has begun. This area
will be included into Ward 4.
Annexation No. 608 is located along the south side of Seventh Standard Road, north of Snow
Road and west of Coffee Road. This annexation consisting of 287.88 acres is known as Saco
Ranch. The property owners (Bidart Bros., a California Corporation) requested annexation for
development purposes and to receive city services. No development has begun. This area
will be included into Ward 4.
Annexation No. 627 is located along the east side of Stine Road, between McKee Road and
Taft Highway. The annexation consists of 4.78 acres. The property owners (Samir and Anu
Mohan) requested annexation for multi-family development purposes and to receive city
services. No development has begun. This area will be included into Ward 7.
S:\Annexafion\0rdinances\2011\Admin Draft 7-13-11 548 608 & 627.doc
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: ,
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: June 24, 2011
APPROVED
DEPARTMENT HEAD 1O 5E-
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City of Bakersfield identified as Annexation No.
637 consisting of 10.45 acres, located generally west of Calloway Drive
along the north side of Rosedale Highway. (Ward 4).
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. 637, consists of 4
parcels located west of Calloway Drive along the north side of Rosedale Highway. The
annexation also includes the right-of-way for Rosedale Highway to Verdugo Lane. This
annexation is adjacent to Annexation No. 620 (Verdugo No. 2) that was recently
approved by the Kern County Local Agency Formation Commission (LAFCO). LAFCO's
approval of Annexation No. 620 included a condition that the City submit an application
for these four parcels (Annexation 637) to proceed with the final process and completion
of Annexation No. 620.
The annexation territory (owned by Cohn Living Trust and Martha Richardson Living Trust)
is fully developed and consists of two small shopping centers, a bulk landscape materials
yard and various small service type businesses. Since there is not 100% consent from the
property owners, LAFCO will hold a protest hearing for the annexation during the
processing of the annexation.
Because there are existing businesses that generate sales tax, the exchange of property
tax revenues for this annexation may not be covered under the master tax split
agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and
County of Kern and therefore, could be subject to separate agreement. Staff is working
with the County Administrative office regarding this determination.
JM:dl:dc
S:\AnnexationVes of Applic\Admin Draft 637.doc
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ADMINISTRATIVE REPORT
i
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: June 14, 2011
APP VED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution 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 and authorizing collection of assessments by the Kern
County Tax Collector. (Ward 1)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: On June 29, 2011, the Council adopted Resolution of Intention No. 1693 adding
the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of
the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of parks and/or street landscaping. The area will be under park and/or streetscape
zones of benefit and will be assigned the appropriate tier levels when parks and/or street
landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by
Proposition 218.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent
to the assessment.
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.
Ps
G:\GR0UPDAT\ADMINRPT\2011\07-13\CMD 5-62 Res Estab admin.docx
F A
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ADMINISTRATIVE REPORT
LIFO
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: 3.h,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: July 5, 2011
PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution authorizing the filing of an application with the Kern Council of
Governments for allocation of Transportation Development Act funds for Fiscal Year
2011-12 ($239,997) for the maintenance of the Bakersfield Amtrak Station during
said fiscal year (Ward 2).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Transportation Development Act (TDA) Funds are administered by the Kern
Council of Governments (Kern COG). TDA Article 4 Public Transportation funds have been used
by Kern COG to address transit problems. Golden Empire Transit and other transit service-
oriented organizations have been receiving these local transit funds to provide for the
transportation needs within the City of Bakersfield. The City of Bakersfield is also eligible for TDA
Article 4 Public Transportation funds to offset maintenance costs for the Bakersfield Amtrak
Station.
As the owner of the Amtrak Station, the City is responsible for certain maintenance activities of
the site. These Article 4 Transportation Development Act funds can be used to pay for those
maintenance activities. Costs incurred by the City for the Amtrak Station are fully funded with
Article 4 Transportation Development Act funds. This Resolution authorizes staff to submit an
application for those funds. The amount requested for Fiscal Year 2011 /12 totals $239,997.
G:\GR0UPDAT\ADMINRPT\2011 \07-13\Amtrak TDA Funds.doc
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ADMINISTRATIVE REPORT
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MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: S.
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: July 5, 2011
-APPRMD
DEPARTMENT HEA 9
CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of the Council of the City of Bakersfield authorizing the execution of a
standard agreement or other documents to secure a Housing Related Parks Grant from
the California Department of Housing and Community Development for the proposed Mill
Creek Linear Park Sister City Garden - Phase I (WARD 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The California Department of Housing and Community Development (HCD) require the attached
resolution be executed by the City in order to apply for grant funds available through the Housing Related
Parks Grant Program (HRPP).
The HRPP rewards cities and counties that approve affordable housing. On June 3, 2011, HCD released
a memorandum announcing the lifting of the pause on general obligation bond funded programs and plans
to make new awards for many programs, including the HRPP. As a result, HCD is reissuing the 2010
HRPP funding notice. Approximately $20 million is now available for the 2010 Program Year since the
2011-2012 State budget was approved.
The amount of funds the City could receive will depend on the number of qualified affordable housing
starts (units) that the City can document were permitted during 2010, how many bonus points the City can
qualify for (based upon criteria such as whether the projects are infill development, located in a
disadvatnged community, or in a park deficit community), and how many other cities apply statewide.
Staff anticipates receiving a minimum of $137,500, based upon all projects being low income. However,
that amount could increase if any proejcts are very low income and if they qualify for bonus points
The Program was establised pursuant to Chapter 641, Statutes of 2008 (AB 2494 Caballero), and funded
through Proposition 1C, the Housing and Emergency Shelter Trust Fund Act of 2006. Final grant awards
will be determined by HCD based on the application and supporting documentation. The Program does
not use a competitive process to award funds. Awards announcements are made based on the
information in the applications and as evaluated by HCD. The number of applicants and qualified
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affordable units (housing starts in 2010) will determine the final amount of funds available to cities/counties
through the program.
The HRPP grant funds are restricted to a minimum $75,000 grant for the cost of parks and recreation
facility creation, development, or rehabilitation, including, but not limited to, the acquistion of land that
benefit the community and add to the community's quality of life. This is a new program. The City has not
received grant funds for this program. However, the grant is similar to the Workforce Housing Grant
recieved in 2003 for $314,822 (used for The Park at Riverwalk children's playground); in 2004 for
$148,458, (used for Chester Avenue Streetscape Phase II); in 2005 for $598,129 (used for Sports Village
Park); and in 2007 for $29,944 (used for Mill Creek Linear Park).
These grant funds are designated to assist in the development of the City's proposed Mill Creek Linear
Park Sister City Garden - Phase I. This resolution authorizes staff to execute the necessary agreements
to recieve grant funds after the State determines the amount of the grant funds allocated to City.
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MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: g.~ .
TO: Honorable Mayor and City Council AP ED
FROM: Donna L, Kunz, Economic Development Director DEPARTMENT HEA
DATE: July 1, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Padre, L,P for Economic Development Job Creation Activities
associated with the 19th and 'H' Streets Staging Area Project adjacent to the
Downtown Arts District. (Ward 2)
RECOMMENDATION:
Staff recommends approval,
BACKGROUND:
As part of the FY 2010-11 Action Plan, the City Council designated CDBG funds to extend
Bakersfield Downtown Arts District infrastructure improvements including the alley behind the
Downtown Post Office and sidewalks east and south of the Padre Hotel (see map attached).
Another component of these improvements is a planned staging area with hardscape and trash
compactor improvements to an underutilized corner, located at the southwest corner of 19th and
'H' Streets, which is owned by Padre Hotel, L.P. This new staging area will be used for a variety of
purposes including valet parking and community events such as "First Friday" and other art and
cultural activities planned in the area. Staff approached the hotel concerning these positive
uses of the site because it is centrally located and ideally suited to the activities in the downtown
arts district, The planned Improvements to the site include an improved hardscape surface with
decorative concrete, improved access to the site, installation of site irrigation and landscaping,
electrical and lighting improvements and constructing a site refuse compactor pad that will
contain a new trash compactor purchased by the hotel to replace the overloaded shared trash
bins currently located in the alley. The cost of these improvements for the staging area are
estimated at $107,000 and are planned in conjunction with the other sidewalk and alley
improvements project addressed on another item on the agenda,
Under CDBG regulations any use of funds for improvements to privately owned property requires
a commitment by the property owner to create a certain number of jobs based on the amount
of funds invested for the improvements. The staging area project as described is being
constructed on private property and the proposed activities are eligible under section 570.203(a)
of the CDBG regulations, Special Economic Activities, The eligibility criteria states that such
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ADMINISTRATIVE REPORT
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eligible economic activities include the construction, reconstruction, rehabilitation or installation
of commercial real property and improvements if such improvements result in at least one
additional full-time equivalent permanent job per $35,000 of CDBG funds used, The Padre Hotel
expects to add 4 Full-time equivalent Low-Mod income jobs as a result of the increased activities
from these improvements.
This agreement between the Padre Hotel and the City of Bakersfield clarifies the roles of both
parties as the City of Bakersfield will be responsible for all aspects of implementation of the
physical site improvements, and the Padre Hotel guarantees that the project will result in the
creation of at least four new FTE low- and moderate-income jobs. The four FTE jobs created are
required to be new permanent jobs per HUD regulations and this agreement, Also, as part of the
agreement, the Padre Hotel will be required to submit certified annual statements to the City
regarding the creation of low- and moderate-income jobs associated with this project for a
period of five years to ensure compliance with the terms of the agreement and to meet the
regulatory requirements for HUD. The staging area however, may be an interim use due to the
long-range plans by the hotel owner to develop this site for hotel expansion efforts. If a use
change occurs within the 5 year federal regulatory period, the owner would be required to
repay the federal funds ($107,000) used for the improvements. There is no immediate planning
by the owners at this time for these future improvements and it is not expected that new
development will happen in the near future.
In addition, outreach efforts to the Downtown Post Office and surrounding businesses have been
positive to date and staff will continue to work with these parties to ensure that operations will not
be disrupted during the construction phase.
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MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: $.k,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M Rojas, Public Works Director
June 21, 2011
Utility Agreement with Pacific Gas and Electric for relocating one pole along the
Masterson Street alignment. (Ward 3)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City of Bakersfield has assessment district bond funds in hand for the
improvement of Masterson Street from Panorama Drive to State Route 178. These funds were
provided through Assessment District 05-1 City in the Hills. The master developer was unable to
complete the major improvements, so the City entered into settlement agreement 05-285(4)
to utilize the balance of the bond funds to complete the improvements. These improvements
included Masterson Street from Paladino Drive to State Route 178, which was to be completed
in two segments. City staff has completed the first segment of Masterson - from Paladino Drive
to just south of Panorama Drive.
This second segment of Masterson Drive cannot be constructed until a power pole is moved
out of the future travel way. The power pole predates the right-of-way for Masterson Street, so
PG&E has prior rights. This means that the power line cannot be moved under the franchise
agreement the City of Bakersfield has with PG&E, but must be moved separately under a Utility
Agreement.
This Utility Agreement allows for the relocation of this pole, at a cost of $29,460. The funds
necessary will come from the assessment district bond proceeds identified for the Masterson
Street improvements.
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MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: S. l.
TO: Honorable Mayor and City Council A ED
leplvo
FROM
DATE
Raul M. Rojas, Public Works Director
July 5, 2011
DEPARTMENT HEAD C~l
CITY ATTORNEY
4LCO--
CITY MANAGER
SUBJECT: Reimbursement Agreement with Kern County Water Agency (KCWA), (for an amount
of $28,000) for the relocations of a water pipeline and an electrical line for the Westside
Parkway Phase 6A Project. (TRIP) (Ward 4)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Westside Parkway Phase 6A is currently under construction. This Phase includes
relocating various utilities, realigning a portion of the Rosedale Rio Bravo Water Storage District
Intake Canal, and constructing a detour for Allen Road, all in preparation of the construction of
the Allen Road interchange, which will bid later this year. Within this area, the Parkway is in
conflict with two facilities owned and operated by KCWA: a 30-inch diameter water pipeline,
and an overhead/underground electrical line. The waterline is within a KCWA easement and will
need to be relocated at the City's expense, and the cost for its relocation has already been
included in the contractor's bid for this project. However, the electric line is within City right-of-
way and so will be relocated by the City's contractor at KCWA's expense via a contract change
order.
This agreement identifies the responsibilities of the City and KCWA for the work to relocate these
facilities. KCWA will reimburse the City for the cost of the design, construction, construction
inspection, administration, and oversight costs associated with relocation of their electrical line.
The City will pay for the cost of the design, construction, construction inspection, administration,
and reimburse KCWA for any or their oversight costs associated with the relocation of their
waterline.
Adequate funds have been previously budgeted to pay for these services.
July 5, 2011, 1:54PM
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MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: S. m.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: June 30, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY Ahl
CITY MANAGER
SUBJECT: Amendment No. 5 to Agreement 06-208 with Dokken Engineering, ($441,000.00; for a
revised not to exceed total of $7,808,674.00) for Engineering Design Services for Phase 4
of the Westside Parkway Project (TRIP). (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Dokken Engineering is providing Engineering Design Services for Phases 1 (Mohawk
Street Extension) and 4 (Truxtun Tie-in) of the Westside Parkway Project.
The Phase 4 project as bid included widening eastbound Truxtun Avenue from two lanes to three
lanes, from the point where the Westside Parkway will connect to Truxtun east through the Empire
Drive intersection. This widening was added to the Phase 4 project during final design and was based
on traffic analysis performed for the Centennial Corridor/SR 58 Connector Project (which will
ultimately connect to Phase 4 of the Westside Parkway). However, at the time the Phase 4
construction contract was awarded, Council had expressed concerns regarding the traffic that will
be added to Truxtun Avenue in this area and asked staff to explore further widening of Truxtun
Avenue all the way to Oak Street.
TRIP staff has discussed with Dokken Engineering the feasibility of widening Truxtun Avenue between
Oak Street and the Phase 4 project. Based on these discussions, Dokken has developed a concept
and scope of work to prepare construction drawings for this widening. The widening as proposed
would provide three lanes eastbound, from Phase 4 east through the Oak Street traffic signal, as well
as three lanes westbound, from just east of the Empire Drive traffic signal west to the Westside
Parkway connection. Dedicated right-turn lanes would also be provided for westbound traffic at
Westwind Drive and at Bahamas Drive. These turn lanes could ultimately be incorporated into a
widening for a third lane westbound all the way from Oak Street; but to cross beneath SR-99 with a
third westbound lane will require expensive right-of-way acquisitions. Traffic analysis indicates that
even with only the added westbound lanes from Empire Drive west and the two new dedicated right-
turn lanes, westbound traffic flow will be improved. Therefore, staff is recommending that the design
and construction of the third lane westbound, between Empire Drive and Oak Street, be deferred at
this time.
A portion of the eastbound widening west of SR-99 would take place within the current Phase 4
construction area and so would be constructed with the current Phase 4 project, while the remaining
widening and turn lanes would be constructed as a separate construction contract. Amendment No.
5 to Agreement 06-208 will allow Dokken Engineering to design this widening of Truxtun Avenue.
Adequate funds have already been budgeted to pay for this Amendment.
Rev.: July 5, 2011, 1:53PM
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10000
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: g.n,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: June 27, 2011 CITY ATTORNEY v
CITY MANAGER
SUBJECT: Amendment No.2 to Agreement No. 09-087 with CompuCom Systems, 1W, ~ provide
Microsoft Licenses for 1029 Computers in the amount of $215,385.20.
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: On July 15, 2009, the City Council approved a five-year Enterprise Agreement (Contract
No. 09-087) with Microsoft Corporation that allows the City to install the latest version of Microsoft
products on City computers. In accordance with the original agreement, the City inventories all Microsoft
licenses being utilized during the year and pay for only those licenses being used. This year, the cost of
licenses being used totals $215,385.20. The agreement covers server and desktop software that is used
for producing letters and spreadsheets, and for running the City's Servers, databases and website. This
amount is available in the Information Technology operating budget.
EC
6/27/2011 2:00 PM
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: S. o.
TO: Honorable Mayor and City Council
yzi'len
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: June 30, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 09-122 with Granite Construction,
Incorporated extending the term for one year and adding $750,000 (for a total
not to exceed amount of $1,750,000) to the Annual Contract for HUD funded
street materials. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On September 9, 2009, Council approved the annual contract for HUD street
material to Granite construction, Incorporated in the amount of $500,000; renewable annually
thereafter for four (4) consecutive one-year periods. On September 8, 2010, Council executed
Amendment No. 1 extending the contract term one year and adding $500,000 for a revised
not to exceed amount of $1,000,000.
Currently there is $270,000 remaining on this contract. However, there are two new CDBG
projects to be completed in the 2011/2012 fiscal year, with an estimated cost of $1,000,000.
Extending the contract term one year and adding $750,000 will allow the projects to move
forward in a timely manner.
If approved, Amendment No. 2 will add $750,000 for a revised not to exceed amount of
$1,750,000 and will extend the term one year to expire in September 2012. Funds are
budgeted in the HUD/CDBG 2011/2012 budget year.
Purchasing Division/ch
&VURCHIADMIMAmendments 10-111Amendment #2 to Agreement 09-122, Granite Const. HUD CDBG July 13, 2011.doc
July 5, 2011, 1:45PM
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: 9
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: June 30, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 10-063 with Pavement Recycling Systems,
Incorporated adding $200,000 (for a total not to exceed amount of $492,000) to
the Annual Contract for Cold Planing. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On May 19, 2010, Council approved the annual contract for Cold Planing to
Pavement Recycling Systems, Inc. in the amount of $146,000; renewable annually thereafter
for four (4) consecutive one-year periods. On May 4, 2011, Council executed Amendment #I
extending the term one year and adding $146,000 for a revised not to exceed amount of
$292,000.
Currently there is $27,000 available on this contract. The use of this annual contract service
has been greater than expected due to recent equipment failures. Adding the $200,000 will
allow street repairs to continue while the equipment repairs progress.
If approved, Amendment No. 2 will add $200,000 for a revised not to exceed amount of
$492,000. Funds are budgeted in the Gas Tax and Capital Outlay Funds for street
maintenance. Approval of the amendment will allow the Public Works Department to
continue the City's street maintenance program.
Purchasing Division/ch
&1PURCHWDMINWmendments 10-11V1mendment 02 to Agmt 10-063, AC Cold Planing, July 13, 2011.docx
July 5, 2011, 1:47PM
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: S.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: June 29, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 10-177 with Stay Green, Incorporated
adding $100,000 (for a total not to exceed amount of $235,000) to the Annual
Contract for tree trimming. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On December 15, 2010, Council approved the Annual Contract for tree
trimming to Stay Green, Incorporated in the amount of $100,000; renewable annually
thereafter for four (4) consecutive one-year periods. On May 18, 2011, Council executed
Amendment No. 1 adding $35,000 for a revised not to exceed amount of $135,000. If
approved, Amendment No. 2 will add $100,000 to the agreement, allowing tree trimming
maintenance to continue for the new budget year 2011/2012.
The past several years of budget cuts have resulted in a reduction in tree trimming
maintenance. At the same time, trees have continued to mature, thus increasing the amount
of trimming needed on each tree, and a backlog of trees needing maintenance. Continuing
the tree trimming maintenance program prevents potential property damage issues and
promotes the health of the City's tree inventory.
Tree trimming work has been stopped pending approval of this amendment so as not to
exceed the amount of the work originally authorized. If approved, Amendment No. 2 will add
$100,000 for a revised not to exceed amount of $235,000. Funds of about $100,000 are
available for tree trimming in the Recreation and Parks 2011/2012 operating budget within the
General Fund. Approval of the amendment will allow the Recreation and Parks Department
to continue the City's tree trimming maintenance program.
Purchasing Division/ch
SVURCHWDMIMAmendments 10-11 \Amendment #2 to Agmt 10-177, AC Tree Trimming, July 13, 2011.docx
July 5, 2011, 1:50PM
-MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: g,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: June 30, 2011
APPROVED
DEPARTMENT HEAD b
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Orders No. 6, 8, 10 and 11 to Agreement No. 08-214 with Security
Paving Company, Inc. ($844,440.27; for a revised not to exceed amount of
$29,074,006.08) for the Construction of the Westside Parkway Phase I Project (TRIP)
(Ward 2).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general; of construction of the first phase of the Westside
Parkway project which includes the new construction and widening of Mohawk Street from
Rosedale Highway to Truxtun Avenue. Bridges will be constructed over the Kern River, the BNSF
railroad, as well as over the future Westside Parkway. The roadway includes provisions for the on
and off ramp connections to the future Westside Parkway.
Change Order No. 6 provides for the installation of a temporary shoring system that PG&E
required the contractor to install in order to safely construct retaining wall # 2 which was
previously added with contract change order # 3. This shoring system was not included in the
original plans and is required to protect an existing PG&E transmission tower. This change order
results in a net increase of $29,700.00.
Change Order No. 8 provides for substantial modifications to the project electrical system
including street lights, traffic signals, and traffic signal interconnect system. These modifications
were necessary to adjust to changes made to the project design as a result of preparing for the
Phase 4 (Truxtun Tie-In) project that was added to the Westside Parkway project after the Phase 1
project had already bid. The change order includes added electrical work which was originally
planned to be performed by PG&E, also at City cost, to provide power to street lights and traffic
signals; however, to expedite the work, the contractor was requested to perform this work. Also
included in this change order is the additional work to provide and install conduits and
conductors to revised PG&E service points that were changed by PG&E after the project was bid.
This change order results in a net increase of $491,892.35.
Change Order No. 10 provides for payment to the contractor for "Compensation Adjustments for
Price Index Fluctuations" per Section 5-1.41 a of the Contract Special Provisions. Per the project
specifications, an adjustment (increase or decrease) to the bid unit price for asphalt concrete
pavement is calculated at the time asphalt pavement is placed, and the adjustment is based on
the industry-wide cost increase or decrease of the petroleum based paving asphalt. This change
order results in a net increase of $222,617.92.
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Change Order No. 11 provides for additional asphalt paving tonnage. The quantity specified by
the design consultant at the time of bidding the project was not adequate to pave the entire
project. Approximately 1,500 tons additional are required to compensate for this shortage. This
change order results in a net increase of $100,230.00.
Staff recommends approval of Contract Change Orders No. 6, 8, 10, and 11. Change Orders to
date, including these proposed Change Orders, total $ 1,345,786.27. This is a 4.8r% increase over
the Agreement as illustrated below:
• Original Contract Amount = $ 27,728,219.81
• Previous Change Orders = $ 501,346.00
• Current Change Orders No. 6,8, 10, and 11 = $ 844,440.27
• Amended Contract Agreement after Change Orders = $ 29,074,006.08
Net Increase to date = $ 1,345,786.27
Sufficient funds have been previously budgeted to pay for these contract change orders.
GAGROUPDArADMINRPT\2011107-131Ndmin Rpt CCO 6, 8, 10 and 11 Westside Parkway Phase-1.docx
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MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: i.5,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: July 5, 2011
AP VED
DEPARTMENT HEAD- It, -
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Orders No. 36, 63, 72, 73 and 98 to Agreement No. 07-304 with
Security Paving Construction ($93,465.43; revised not to exceed $33,076,815.13) for
the State Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 3).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project consists, in general, of construction of a freeway interchange on State
Route 178 (SR-178) at Fairfax Road and the extension of the SR-178 freeway for one mile, from just
east of the Oswell Street overcrossing to just west of Morning Drive.
Change Order No. 36 provides for modifications to an existing drain inlet in La Salle Court, the
short cul-de-sac Street on the north side of the freeway and just east of the new interchange. The
original construction plans did not specify any work in this area, but existing drainage from this
street drained into the State property where freeway ramps were constructed. As a result, the
freeway drainage system needed to be modified to receive this storm water. This change order
results in a net increase of $13,332.50.
Change Order No. 63 provides for modifications to drain inlets located in the freeway median.
The original construction plans did. not have the pipelines connected to these drain inlets deep
enough to maintain the minimum cover required by Caltrans. Also, part of the drainage system
was modified to improve operation. This change order results in a net increase of $25,228.09.
Change Order No. 72 provides for the installation of traffic control devices to properly close the
westbound off-ramp while the re-design of this ramp was completed. This ramp had to be re-
designed due to an error by the interchange designer, PB Americas. PB Americas subsequently
provided funds to pay for the reconstruction of this ramp including the irrigation system, the
highway planting, and any other costs related to the reconstruction of this ramp, including the
costs for this Change Order No. 72. This change order results in a net increase of $11,903.82.
Change Order No. 73 provides for modifications to the metal beam guard rail and its anchoring
to the bridge abutment along the westbound loop on-ramp. Also included in this change order is
the installation of railing on top of the retaining wall west of the interchange that was
subsequently added to the project by Caltrans due to maintenance worker safety concerns. This
change order results in a net increase of $20,824.76.
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Change Order No. 98 provides for retrofitting highway light pole bases that set atop concrete
barriers at several locations along the freeway ramps. The barriers were widened during
construction to accommodate these bases, but then Caltrans did not have a standard for this
specific light pole mounting situation. After discussions with Caltrans, it was agreed to modify
these bases from that shown on the original construction plans. This change order results in a net
increase of $22,176.26.
The net cost increase of Change Order Nos. 36, 63, 72, 73 and 98 is $93,465.43. This provides a
total cost increase of $3,747,369.03, which is a 12.8 % increase from the Original Contract amount.
However, it should be noted that $1,633,387.35 or nearly half of this total is due to the
reconstruction of the westbound off-ramp that is being paid for by PB Americas.
• Original Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10
Previous Change Orders = $ 3,653,903.60
• Current Change Orders No. 36, 63, 72, 73, and 98 = $ 93,465.43
Amended Contract Agreement after Change Orders = $33,076,815.13
Net Increase to date = $ 3,747,369.03
At the May 5, 2010 City Council meeting, staff estimated that there were approximately $500,000
in outstanding change orders for this project. The actual figures are detailed, as follows:
The change orders brought forward for approval today are $93,465.43. However, PB Americas is
paying for $11,903.82 as this work relates to the re-construction of the westbound off ramp. This
brings the total amount of change orders actually being paid by the City (not including those
change orders paid by PB Americas as part of their ramp design error issue) since the May 5, 2010
meeting to $397,495.68.
Deducting this amount from $500,000 leaves a balance of about $105,000.00 in change orders
that staff still projects, but have yet to be substantiated by Security Paving. When confirming
information is received, the change orders will be brought to Council for approval.
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MEETING DATE July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD G
DATE: July 5, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order #4 to Contract No. 10-079 with JO-SH General Engineering,
Inc., in the amount of $120,336.76 (revised total not to exceed $1,024,542.53) for
adjustment of water main installations as a result of utility conflicts at various
locations within the project, (Wards 2, 4, 5, 6)
RECOMMENDATION: Staff recommends approval of Contract Change Order,
BACKGROUND: The City has a contract with JO-SH General Engineering to install approximately
13,000 linear feet of water mainline extensions and tie-ins at various locations on the City's
domestic water system. During the process of locating existing utilities to be crossed by the new
water main installations, numerous unforeseen underground utilities were found to be in direct
conflict with the proposed location of the new water mains. This required that the new water
mains be lowered and modified to avoid conflicts with existing utilities resulting in additional
materials, equipment, and labor costs. In addition extra costs were incurred due to pipe
realignment to avoid an existing kit fox crossing, unanticipated traffic control due to pipe
realignment, and an additional 1,400 feet of "full lane" street patching because this particular
street was recently reconstructed,
This is the fourth and final change order to be submitted for this project. This change order will
increase the contract by $120,336.76. Cumulative change orders to date total $154,681.93 (which
is an 18% increase of the original contract amount) as illustrated below:
• Original Contract Amount = $869,860.60
• Amended Contract Agreement after Change Orders = $1,024,542,53
Net Increase to date = $154,681.93
Funding for this final contract change order is available in the Water Resources Department FY
2010-11 Capital Improvement Budget,
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jj ADMINISTRATIVE REPORT
MEETING DATE: July 13, 2011 AGENDA SECTION: Consent Calendar
ITEM: i.m.
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: July 5, 2011
AP D
DEPARTMENT HE
CITY ATTORNEY 166___f
CITY MANAGER,~
SUBJECT: Department of Housing & Urban Development (HUD), Community Development
Block Grant (CDBG) Amendment No. 5 (FY 10-11), (Wards All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
An amendment to the HUD FY10/11 Action Plan is required to address the following change
proposed by the Economic and Community Development staff to reduce the FY 10-11
Alley and Sidewalk Refurbishment Project which includes the alley behind the Downtown Post
Office and sidewalks east and south of the Padre Hotel (see map attached). The original
budget for this project is $431,401 and staff is requesting to transfer $107,000 in order to create
a new project to reconstruct the surface staging area located at the southwest corner of 19th
and H Streets with a project budget of $107,000. The transfer of funds from the Alley
Refurbishment Project in order to create the 19th and H Streets Staging Area Project will not
negatively impact the City's ability to implement the Alley Refurbishment Project, Likewise, the
creation of the 19th and H Street Staging Area Project will not change the scope of the Alley
Refurbishment Project,
The new 19th and H Streets Staging Area Reconstruction Project qualifies as an economic
development activity and is anticipated to result in the creation of at least four new full-time
equivalent jobs for low- and moderate-income persons, This new staging area will be used for
a variety of purposes including valet parking and community events such as "First Friday" and
other art and cultural activities planned in the area. Staff approached the hotel concerning
these positive uses of the site because it is centrally located and ideally suited to the activities
in the downtown arts district. The planned Improvements to the site include an improved
hardscape surface with decorative concrete, improved access to the site, installation of site
irrigation and landscaping, electrical and lighting improvements and constructing a site refuse
compactor pad that will contain a new trash compactor purchased by the hotel to replace
the overloaded shared trash bins currently located in the alley.
Under CDBG regulations any use of funds for improvements to privately owned property
requires a commitment by the property owner to create a certain number of jobs based on
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ADMINISTRATIVE REPORT
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the amount of funds invested for the improvements, Because this new project will consist of
improvements being constructed on private property, staff has prepared a separate action on
the agenda detailing an Agreement with the Padre, L.P, for Job Creation Activities required by
HUD, The intent of both projects is to continue infrastructure improvement efforts to Downtown
Bakersfield.
In compliance with HUD regulations, any significant change or addition to the approved
CDBG or HOME annual plan must undergo an amendment process which includes obtaining
citizen views and comments on the proposed change for a period of 30 days. A notice was
published on May 20, 2011 requesting comments and to date no comments have been
received.
Staff is proposing the following amendments to the CDBG Program:
CDBG
1) Reduce the Alley Refurbishment Project by $107,000, the reconstruction of the alleyway,
and sidewalk and curb renovation located between G and H Streets and 1811, and 19th
Streets.
2) Create the 191h and H Streets Staging Area Project in the amount of $107,000, the
reconstruction of a staging area at the southwest corner of 191h and H Streets.
The new staging area project qualifies as an economic development activity and is
anticipated to result in the creation of at least four new full -time equivalent jobs for low-and-
moderate income persons.
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ADMINISTRATIVE REPORT
MEETING DATE July 13, 2011 AGENDA SECTION: Closed Session
ITEM: /D. a.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Il -
DATE: July 1, 2011 CITY ATTORNEY V4-
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b) (3) (B) of Government Code section
54956.9 (one matter): State action to eliminate redevelopment agencies.
VG:Isc
S:\COUNCIL\CI Sess\Admins\11-12\7-13-1 1 Pokit.dou
MEETING DATE: July 13, 2011 AGENDA SECTION: Hearing
ITEM: l a. q.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 3, 2011
Public Hearing to Consider Hooper Avenue & Kimberly Avenue Planned Sewer Area
(Ward 4):
1. Resolution Adopting the Hooper Avenue & Kimberly Avenue Planned Sewer
Area and Making Findings Thereto.
2. Adoption of Ordinance amending Section 16.32.060 of the Bakersfield Municipal
Code relating to Sewer Facilities to include the Hooper Avenue & Kimberly
Avenue Planned Sewer Area. (Second Reading)
APPROVED
DEPARTMENT HEAD AX
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends adoption of resolution and ordinance.
BACKGROUND: First reading of the ordinance was given on June 29, 2011.
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 adopts the Hooper Avenue & Kimberly Avenue Planned Sewer Area.
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 21, 2011, 9:43AM
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MEETING DATE: July 13, 2011 AGENDA SECTION: Reports
ITEM: 13 a.
TO:
FROM:
Honorable Mayor and City Council
APPRO"D
DEPARTMENT HEA
Donna L. Kunz, Economic Development Director
DATE: July 7, 2011
CITY ATTORNEY
CITY MANAGER
SUBJECT: State of California Budget Approval and Impact to the Bakersfield Redevelopment
Agency. (All Wards)
1) Staff report regarding the status of recent State budget actions and significant
impacts to the Bakersfield Redevelopment Agency
2) Resolution of the City Council stating the City's Intention to Make Remittances
Required by ABX1 27 in order to Avoid Dissolution of the Bakersfield
Redevelopment Agency.
RECOMMENDATION:
Staff recommends acceptance of the report and approval of the resolution.
I1-TA13cej lo1llL`U~
The following report is a summary of options for Council consideration relating to the recent
action by the California Legislature that significantly impact redevelopment. The budget bill and
four subsequent trailer bills, relating to redevelopment, were signed by the Governor on June 30,
2011. Staff is presenting two legislative options resulting in different financial outcomes: one
eliminates redevelopment entirely and the other allows the Bakersfield Redevelopment Agency
to continue with the implementation of current and future redevelopment activities.
We note that just last November the voters of California approved Proposition 22 which banned
State captures of local revenues of this kind. The Legislature and Governor chose to ignore the
voters, which will prompt legal challenge of their actions. Despite this, it is necessary to take
action required by the law until and unless courts "make it right".
Leaislative Option A - Elimination of Redevelocment
Two of the bills (SBX1 14 and ABX1 26 respectively) are similar to the Governor's initial proposal in
January, 2011 to eliminate redevelopment agencies. These bills do not provide for any payment
directly to the State to assist in addressing the budget crisis and eliminate Redevelopment
Agencies entirely, effective October 1, 2011. On that date, the following would occur:
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ADMINISTRATIVE REPORT Page 2
• All agency property and obligations would be transferred to successor groups (Cities,
Counties, or other entities), except for the assets of the low and moderate housing fund.
• Assets in the Low and Moderate Housing Fund would be transferred to the auditor-
controller for distribution to taxing agencies.
Successor agencies would be charged with repaying existing agency indebtedness,
completing performance of existing contractual obligations and otherwise "winding
down" operations and preserving agency assets for the benefit of taxing agencies. The
Oversight Board which would largely consist of school, County and Special District
representatives would have strong interest in funding their own agencies at the expense of
redevelopment.
Staff believes that this action will result in extremely negative repercussions in the Bakersfield
community. It will destroy millions of dollars in local economic activity which supports the
creation of over 3,000 full and part time private sector jobs within the City. Staff will no longer be
able to leverage public funds with private resources to provide for development of parks,
infrastructure and community facilities. In addition, oversight of existing and already underway
projects will be taken over by the newly established Oversight Board instead of the existing
Redevelopment Agency Board.
Specifically, with the "winding down" of redevelopment examples of several local projects that
will not occur if this legislation is enacted include the following:
• Future affordable housing development at 201h Street and within the Millcreek area
• Continued infrastructure improvements in the most blighted areas of Old Town Kern and
Southeast Bakersfield
• Downtown revitalization efforts
• Future phases of the Baker Street Village Project
• Future housing and Commercial development at 19th Street
• South Millcreek Commercial Village infrastructure improvements
legislative Option B: - Redevelopment Continues
SBX1 15 and ABX1 27 were new concept bills approved by the legislature that_provide for an
agency to continue to operate and function if the City (City Council) has enacted a binding
ordinance by November 1, 2011. The Ordinance requires that the City make annual payments
from redevelopment resources to a Special District Allocation Fund (SDAF) and Educational
Revenue Augmentation Fund (ERAF) established for each county and administered by the
county auditor-controller.
The California Redevelopment Association has calculated an estimate of the payments for each
Redevelopment Agency as follows:
• The amount estimated for Bakersfield is $3,777,822 for FY 11 /12 and $888,899 for FY 2012/13.
It is expected that the annual payment amount will increase each year depending on the
amount of tax increment collected by the redevelopment agencies.
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ADMINISTRATIVE REPORT
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To compare this payment impact to previous years State actions, Bakersfield
Redevelopment Agency paid $2,780,910 for 2009/10 and $572,392 for 2010/11.
Staff will be filing an appeal by August 15, 2011 of the amount due for FY2011 /12, as our
Redevelopment Agency incurred additional bonded indebtedness shortly after the filing of our
2009 State Controllers Report. This is the document that will be used by the California
Department of Finance as the basis for the payment calculation formula for 2011/12. As a result
of the correction of the debt amount reflected on this report, the Bakersfield Redevelopment
Agency payment could be reduced if the appeal is approved by the State.
Redevelopment investment in our community is significant: approximately $47 million since the
formation of the Downtown Project Area and the subsequent Old Town Kern and Southeast
Project Areas. In addition, redevelopment efforts have leveraged over $25 million in grant and
loan funds, which are currently at work in our community. Redevelopment is the reason new
housing is finally being built in all three project areas. The use of redevelopment housing funds
means that projects such as City Place Apartments, Courtyard and the Creekview Villas are
becoming a reality. Without redevelopment these types of projects would not occur.
Under Option B these types of projects will continue uninterrupted and future projects will be
planned.
Financial Summary Charts for both bills:
Financial Option A: Abolish
Two summary charts have been prepared and are attached depicting the financial impacts to
the Bakersfield Redevelopment Agency for the next five years as a result of the State budget
actions. The first chart demonstrates the impact of ABX1 26 and SBX1 14, (Abolishment' 'of
Redevelopment). Under this scenario, the Agency must do the following:
• First identify and satisfy all of its debt obligations and then transmit all remaining resources
for local pass-through to schools and other agencies.
The Redevelopment Agency is permitted to keep up to $250,000 of its revenues to cover
the administrative costs of handling its affairs as it winds down operations. %
The City as a local agency recipient could receive approximately 17% of the local tax
dollars that revert back to County control. For FY 2011-12, this amount is estimated to be
$418,757. This chart displays the City estimated pass through receipt information for the
next five years.
It is not the recommendation by staff to pursue this option. In addition, to the loss of future
revenue for programs and projects the most negative impact is that the City will lose local control
over our plans and developments that the City Council, the Redevelopment Agency and various
community groups such as Vision 2020 have established over the years as a result of the
requirement to dispose of Agency assets in winding down its operations.
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ADMINISTRATIVE REPORT Page 4
Financial Option B: Continue
The second chart depicts the financial conditions of the Agency if it is continued under ABX1 27
and SBXI 15 and adoption of the Ordinance. The large payment of $3,777,822 (subject' to
appeal as previously discussed) is required for FYI 1/12 and results in the use of all available
resources including operating fund reductions, cancellation or delay of various capital
improvements and the cancellation of the funding commitment for an affordable housing
project planned in South Mill Creek. This housing project will be reworked and refinanced with
NSP 3 (federal) funding assistance. This chart also demonstrates that beginning in FY 2013/14, the
Agency will have net resources in excess of $2 million dollars annually that can be used for new
programs and projects.
Legal Action
It is expected that legal action will be undertaken against the State by the CRA and League of
Cities immediately. The League and CRA will be filing the law suit with the California Supreme
Court with a ruling on a possible Stay anticipated by mid-August. The Stay is intended to prevent
the legislation from going into effect. Staff will also be watching for additional trailer bills that
may have additional impacts on redevelopment and housing reform.
Non-Binding Resolution of Intent to Continue to Operate
The commitment to enact the Ordinance as referenced above is to be preceded by a non-
binding resolution of intent to adopt the ordinance that must be approved by the City Council.
Approval of the resolution will allow the Redevelopment Agency to continue operations despite
the enactment of ABX1 26. The resolution is in no way however, to be construed as requiring the
City to abide by ABX1 26 or ABX 1 27 in the event either, or both bills are found unconstitutional or
otherwise legally invalid. The resolution is also not to be construed as the City's willing
acceptance of or concurrence with either of the bills.
Conclusion:
As a result of this State budget action we must decide our best course of action concerning
redevelopment for the City of Bakersfield. There are two options: 1) to eliminate redevelopment
and the City continues to receive a portion of the local tax dollars estimated to be between
$400,000 to $750,000 annually and; 2) continue redevelopment and receive approximately $2.0
million annually to continue with planned and future redevelopment efforts.
Staff is actively working on the plan as to how to meet the $3.8 million payment amount. There
are a number of legal questions that need to be addressed in a scheduled conference with our
redevelopment attorney. There is also a California Redevelopment Association webinar which
should provide valuable information on Tuesday July 12, 2011. Finally, due to the fact that our
projects have multiple funding sources and corresponding rules that come along with those
sources, there are related issues to be explored.
Staff believes that the $3.8 million amount can be met; however, it will be very painful. More
details will be provided at the Council meeting.
In summary, it will be necessary for the Economic and Community Development Departmenf to
scale back its Redevelopment funded operations until FY 2013-14 at which time we can explore
new programs and projects. Staff will continue to focus on completing the contractually
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ADMINISTRATIVE REPORT
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obligated projects along Mill Creek and Baker Street and will implement the infrastructure
projects funded with the Propl C grant relating to Mill Creek.
Our best hope is that the League and CRA prevail in their legal challenge and the State is forced
to abandon this illegal plan.
Staff recommends and encourages the City Council to adopt the non-binding resolution and the
subsequent Ordinance (which will follow at a later date) required by the State to continue
redevelopment efforts in Bakersfield. In addition, attached for Council's information and
reference is a list of FAQ's prepared by CRA's legal counsel.
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 29, 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
(seated at 5:20 p.m.), Hanson, Sullivan,
Johnson
Absent: None
2. INVOCATION by Pastor Curtis Jenkins, TriStone
Missionary Baptist Church.
3. PLEDGE OF ALLEGIANCE by Ryley Fick, 6th grade
student, Almondale Elementary School.
Mayor Hall acknowledged the political science class from
Bakersfield College, in attendance at the meeting to learn
about City government.
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.
David Austin Wright accepted the trophy for
perfect attendance and made comments.
Mayor Hall was joined by Councilmember
Sullivan for this presentation, and recognized
the following students and presented them with
certificates:
ACTION TAKEN
Bakersfield, California, June 29, 2011 - Page 2
4. PRESENTATIONS continued ACTION TAKEN
Item 4.a. continued
First in Class recipients
• Taylor Bateman, Sarah M. Moore,
Mandeep K. Sidhu - Centennial High
School
• Nicholas Gonzalez- East Bakersfield High
School
• William Beechinor, Taylor L. Holliday,
Samuel R. Johnston, Michelle A. Reimer,
Tavia N. Rutherford - Frontier High School
• Hillary C. Belo, Brandon M. Bonilla, Eryn
M. Worthing - Highland High School
• Jessica Hernandez- Independence High
School
• Savannah C. Cornelison, Denise M.
Guerra, William A. Knight, Christian M.
Lucas - Liberty High School
• Daniel Gross, Jacob D. Rogers - North
High School
• Joseph L. Cooney, Karl Hong, Vivik Nair,
Sona Shah - Stockdale High School
b. Presentation by Mayor Hall of Proclamation to
Dianne Hoover, Recreation & Parks Director,
proclaiming July, 2011, Recreation & Parks
Month.
Recreation & Parks Director Hoover accepted the
Proclamation, made comments and submitted written
material.
5. PUBLIC STATEMENTS
a. R. Steven Daniels, President of the Kern County
Chapter of the American Society for Public
Administration, spoke and presented the 2011
Public Service Award to Mayor Harvey L. Hall.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
Bakersfield, California, June 29, 2011 - Page 3
8.
CONSENT CALENDAR ACTION TAKEN
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:
None.
Resolutions:
C. Resolution confirming approval by the City RES 054-11
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.
d. Resolution authorizing the recording of an RES 055-11
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.
e. Resolution approving application for RES 056-11
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 RES 057-11
and sirens to the City of McFarland Police
Department for $20.00.
g. Resolution authorizing sale of surplus mobile RES 058-11
and portable radios to the City of McFarland
Police Department for $240.00.
Bakersfield, California, June 29, 2011 - Page 4
8.
CONSENT CALENDAR continued ACTION TAKEN
h. Resolution authorizing the Police Department to RES 059-11
accept funding ($50,000) made available
through the Grant Assistance Program (GAP) of
the California Department of Alcoholic
Beverage Control (ABC).
i. Disposal of real property located west of
Canteria Drive:
1. Resolution declaring real property surplus
RES 060-11
to the needs of the City.
2. Quitclaim Deeds to Juliana's Garden,
DEED 7463
DEED 7464
LLC conveying excess land.
j. Disposal of real property located south of
California Avenue and east of Owens Street:
1. Resolution declaring real property surplus
RES 061-11
to the needs of the City.
2. Agreement with Gryphon Capital, LLC
AGR 11-070
($272,000) for purchase of land.
k. Hooper Avenue & Kimberly Avenue Planned
REMOVED FOR
SEPARATE
Sewer Area:
CONSIDERATION
1. 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.
Resolution of Intention No. 1693 to add territory, ROI 1693
Area 5-62 (3001 Gateway Avenue) to the
Consolidated Maintenance District and
preliminarily approving, confirming and
adopting the Public Works Director's Report.
Agreements:
M. Landscape Improvement Agreements with AGR 11-071
D. R. Horton, Los Angeles Holding Co., Inc. for AGR 11-072
Tract No. 6406 Phase 6, 7 & 8 located east of AGR 11-073
Vineland Avenue and south of Panorama Drive.
Bakersfield, California, June 29, 2011 - Page 5
8.
CONSENT CALENDAR continued
ACTION TAKEN
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.
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.
P. Amendment No. 1 to 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.
Accept bid and approve contract with Pacific
West Sound, Inc. ($48,273.79 for amplifier
replacement at the Rabobank Arena.
Pavement Rehabilitation 2011 Phase 3 -
Pacheco Road from Akers Road to Wible
Road; Pacheco Road from Hughes Lane to S. H
Street:
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.
AGR 11-074
AGR 17-312(2)
AGR I1-050(1)
AGR 11-075
AGR 11-076
AGR 11-077
Bakersfield, California, June 29, 2011 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.s. continued
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.
Pavement Rehabilitation 2011 Phase 2: Stine
Road from Pacheco Road to White Lane:
1. Accept bid and approve contract with AGR 11-078
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.
X. Neighborhood Stabilization Program (NSP3):
Approval of Department of Housing &
Urban Development (HUD) Action Plan
Amendment No. 6 (FY 10/1 1) &
Consolidated Plan 2010 Substantial
Amendment for Neighborhood
Stabilization Program funds.
Bakersfield, California, June 29, 2011 - Page 7
8. CONSENT CALENDAR continued ACTION TAKEN
Item 8.x. continued
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.
Vice-Mayor Couch requested that item 8.11k. be
removed for separate consideration.
Motion by Vice-Mayor Couch to adopt Consent
Calendar items 8.a. through 8.x., with the removal of APPROVED
item 8.k. for separate consideration.
k. Hooper Avenue & Kimberly Avenue Planned
Sewer Area:
Resolution of Intention No. 1692 to ROI 1692
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 FR
Section 16.32.060 of the Municipal Code
relating to sewer facilities by adding the
Hooper Avenue and Kimberly Avenue
Planned Sewer Area.
Vice-Mayor Couch asked staff to consider a policy
that would extend the period of time beyond 5 years
for the homeowners to pay their connection and their
portion of the trunk line, and to come back to the next
meeting with a proposal.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar item 8.k.
9. CONSENT CALENDAR PUBLIC HEARINGS
None.
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.
Bakersfield, California, June 29, 2011 - Page 8
10.
CLOSED SESSION continued
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 54956.9 (One
potential case).
Motion by Vice-Mayor Couch to adjourn to Closed
Session at 5:37 p.m.
Motion by Councilmember Weir to adjourn from
Closed Session at 7.10 p.m.
RECONVENED MEETING AT 7:21 p.m.
Mayor Hall acknowledged Boy Scout Troop 415 in
attendance to accomplish a citizen in community badge.
11. CLOSED SESSION ACTION
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 54956.9 (One
potential case).
12. HEARINGS
None.
ACTION TAKEN
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
CITY ATTORNEY
GIVEN DIRECTION
Bakersfield, California, June 29, 2011 - Page 9
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$2,500,
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.
Donna Carpenter, representing the Kern County
Homebuilders Association, spoke and thanked staff for
the ongoing conversations regarding how we can
stimulate our local economy and put people back to
work.
Councilmember Hanson read the Majority Report.
ACTION TAKEN
Motion by Councilmember Hanson to accept the APPROVED
Majority Report recommending the City Council not NOES WEIR
adopt a pilot program to provide a cash subsidy for
purchasers of newly constructed homes in the amount
of $2,500 available for a maximum of 250 building
permits.
Councilmember Weir discussed the Minority Report
and asked that Vice-Mayor Couch consider
establishing a task force that would specifically focus
on what can happen to stimulate and prod the
building of new homes in our community.
Vice-Mayor Couch referred the establishment of a
task force to staff and asked that it be brought back to
the City Council.
Bakersfield, California, June 29, 2011 - Page 10
14.
15.
DEFERRED BUSINESS ACTION TAKEN
a. Fiscal Year 2011-12 Budget:
1. Resolution approving and adopting the RES 062-11
City's Operating and Capital
Improvement Budgets.
2. Resolution approving and adopting the RES 063-11
Operating and Capital Improvement
Budgets for the Bakersfield
Redevelopment Agency.
3. Resolution establishing the City's RES 064-11
appropriations limit.
City Manager Tandy made staff comments.
Administrative Analyst Huot made staff comments and
recommended adoption of the Resolutions.
Councilmember Johnson stated that if the
redevelopment budget has to come back for
modification that he would be interested in looking at
a menu of options regarding what would happen to
the department in terms of revenues, deficiencies,
debt service and impact to the general fund N we let it
fail; if we keep it, what are the ramifications to the
department.
Motion by Vice-Mayor Couch to approve staff's APPROVED
recommendation to adopt the three Resolutions for the
Fiscal Year-2011-2012 Budget.
NEW BUSINESS
None.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Weir announced he attended the
opening of the Kern Upland River Park, it is very
unique, and he hopes it is well-utilized by the people
of Bakersfield.
Councilmember Weir advised the City in the Hills Park
is coming together and expects to have it open at the
end of August.
Councilmember Weir asked staff to look at a more
expedient way to do future department budget
presentations and come back with a couple of
different recommendations.
Bakersfield, California, June 29, 2011 - Page 11
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Benham wished everyone a happy
4th of July.
Councilmember Salas suggested having a report at
the next City Council meeting, or by way of a memo,
regarding the impacts of the newly-signed State
budget on redevelopment for the City.
Councilmember Salas requested that, with regard to
the State budget, the Impacts for public safety be
discussed either at a City Council meeting or in the
Safe Neighborhoods & Community Relations
Committee.
Councilmember Salas requested that the issue of auto
thefts be addressed in the Safe Neighborhoods &
Community Relations Committee.
Councilmember Salas asked staff to let him know the
status of the paint dumping that happened south of
Mill Creek.
Councilmember Salas asked staff to respond to a
constituent regarding some street repairs in the area of
lotus Lane.
Councilmember Salas asked staff to explore the
e-mail policy in other municipalities the same size as
Bakersfield, as well as what cities are doing regionally,
in Kern County and in the southern San Joaquin area.
Councilmember Salas thanked his online supporters
and asked staff to respond to a constituent about a
question brought up about maintenance districts.
Councilmember Johnson congratulated Mayor Hall on
the award he received this evening.
Councilmember Johnson thanked the City Council for
putting a small investment behind the Kern Economic
Development Corporation.
Bakersfield, California, June 29, 2011 - Page 12
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Vice-Mayor Couch asked staff to respond to a
constituent regarding a traffic issue in the Villages of
Brimhaii.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:53 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield