HomeMy WebLinkAbout01/11/12_CC_AGENDA_PACKETAnt
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JANUARY 11, 2012
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
(15 min.)
(Ward 5)
REGULAR MEETING - 5:15 P.M.
1. ROLL CALL
2. INVOCATION by Pastor Greg Haslow, Bakersfield First Assembly Church.
3. PLEDGE OF ALLEGIANCE by Jackson Jordan, kindergarten student at Veterans Elementary
School.
4. PRESENTATIONS
5. PUBLIC STATEMENTS
6. WORKSHOPS
a. Update on Capital Improvement Program Budget. (Presentation by Raul Rojas Public
Works Director)
7. APPOINTMENTS
a. One appointment to Planning Commission due to the resignation of Murray
Tragish, whose term expires April 30, 2013.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the December 14, 2011 Regular City Council Meeting.
Payments:
b. Receive and file department payments from December 2, 2011 to December 29,
2011 in the amount of $24,180,434.53 and self-insurance payments from December.
2, 2011 to December 29, 2011 in the amount of $578,496.60, totaling $24,758,931.13.
Ordinances:
Resolutions:
C. Resolution calling for the Mayor's Primary Election and requesting consolidation with
the County of Kern, for the Statewide Direct Primary Election to be held Tuesday,
June 5, 2012.
d. Resolution supporting the Healthy Eating, Active Living (HEAL) Cites Campaign
through the League of California Cities.
8. CONSENT CALENDAR continued
e. Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorize collection of the assessments by the
Kern County Tax Collector.
(Ward 6,7) f. Resolution approving application for annexation of uninhabited territory to the City
of Bakersfield identified as Annexation No. 624 consisting of 17.28 acres, located
along the north side of Taft Highway, east and west of Stine Road.
(Ward 4) g. Sewer connection and construction fee assessments:
1. Resolution confirming assessments for sewer connection and construction
fees and authorizing the collection of assessments by the Kern County Tax
Collector,
2. Agreements with the following property owners to pay sewer connection and
construction fees in installments through the Kern County Tax Collector.
a. William J. & Ann Kinnett, 7705 Hooper Ave.
b. Ray W. & Quandala Graham, 7908 Kimberly Ave.
C. Michael Roy Hulbrt, 7904 Kimberly Ave.
d. Adrian & Shastine Y. Arias, 7604 Kimberly Ave.
e, Milton J. & Marilyn C. Webster, 7712 Kimberly Ave.
f. Franklin W. & Dorthy E. Allen, 7913 Hooper Ave,
g. Richard D. & Judith I. Baize, 7600 Hooper Ave.
h. Robert E. & Carolyn J. Balch, 7709 Kimberly Ave.
I. Roy & Marilyn A. Garcia, 7804 Kimberly Ave.
j. Michael D. & Genita K. Holman, 7608 Kimberly Ave.
k. Andrew & Delphine R. Lopez, 7801 Kimberly Ave.
1. David E. & Michelle D. Reed, 7605 Kimberly Ave.
h. Homeland Security Grants on behalf of the Kern Operational Area:
Resolution determining that the City Manager, or his designee, is appointed as
authorized agent to execute any actions necessary for the purpose of
obtaining federal financial assistance provided by the Department of
Homeland Security and sub-granted through the State of California to the
County of Kern and through the County of Kern to the City.
2. Memorandum of Understanding with the County of Kern - Homeland Security
Grant funding Agreement for acquisition of specialized equipment, training
and other professional services.
3. Appropriate $183,621 Fiscal Year 2011 Homeland Security Grant Funds to the
Capital Outlay Fund Capital Improvement Budget.
4. Appropriate $101,693 Federal Grant Revenue to the Fire Department
Operating Budget within the Metropolitan Medical Response System Fund.
City Council Meeting of 01 /11/2012
8. CONSENT CALENDAR continued
(Ward 3) i. City in the Hills Park Playground:
Resolution determining that Challengers Playscape playground equipment
with slides cannot be reasonably obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with bidding
thereof to purchase and install Challengers Playscape playground with slides
from Dave Bang Associates, Inc., not to exceed $40,000.
2. Agreement with Dave Bang Associates, Inc. (not to exceed $40,000) to
purchase and install Challengers Playscape playground equipment with
slides.
(Ward 5) j. Greystone Park Playground:
Resolution determining that playground equipment for 2-5 year olds cannot
be reasonably obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with bidding thereof to purchase
and install playground equipment for 2-5 year olds from Great Western Park &
Playground, not to exceed $75,000.
2. Agreement with Great Western Park & Playground (not to exceed $75,000) to
purchase and install playground equipment for 2- 5 year olds.
k. Amendment No. 1 to Resolution No. 036-11 further suspending application to allow
for discretionary extensions of vesting rights in subdivision maps.
i. Amendment No. 1 to Resolution No. 118-11 revising the date of the regular meeting
of the City Council during the month of December, 2012.
(Ward 6) M. Resolution of Intention No. 1706 to add territory, Area 3-83 (5500 Woodmere Drive), to
the Consolidated Maintenance District and preliminarily approving, confirming, and
adopting the Public Works Director's Report.
(Ward 7) n. Resolution of Intention No. 1704 calling a public hearing to determine whether public
necessity, health, safety or welfare requires formation of an Underground Utility
District within designated area - District No. 2, Division 35 (Wible Road, Panama
Lane to Berkshire Road).
Agreements:
o. Memorandum of Understanding with FKM Associates, LLC for the construction of
Mohawk Street north of Rosedale Highway.
(Ward 1) p. Agreement with Community Action Partnership of Kern ($151,000) for construction of
Multi-Use Sports Fields at the Friendship House Community Center located at 2424
Cottonwood Road.
q. Agreement with the California Department of Parks and Recreation, Office of
Historic Preservation ($331,402.04), for providing priority attention to Thomas Roads
Improvement Program Projects. (TRIP)
(Ward 2) r. Agreement with Kern Council of Governments for the pass-through of Public
Transportation Modernization, Improvement, and Service Enhancement Account
funds for the construction of the Bakersfield Amtrak Station parking structure.
City Council Meeting of 01 /11 /2012
8. CONSENT CALENDAR continued
(Ward 6) s. Cooperative Agreement with California Department of Transportation (no fiscal
impact) for Street Improvements on Taff Highway (SR 119), from Gosford to Ashe
roads,
t. New Bakersfield Regional Habitat Conservation Plan (BRHCP):
1. Agreement to receive funds from the California Department of Fish and
Game ($348,742) to initiate planning.
2. Agreement with ICF Jones & Stokes ($344,800) to prepare documentation that
will be used for BRHCP,
3, Appropriate $348,742 California Department of Fish and Game Grant to the
Development Services Operating Budget in the Capital Outlay Fund.
U.
Amendment No. 1 to Agreement No. 07-017 with Coca-Cola Bottling Company of
Southern California for extending term for soft drink vending services in City parks.
V.
Amendment No. 1 to Agreement No, 11-059 with outside counsel, Clifford & Brown
(not to exceed $175,000), for legal services for general personnel issues,
W.
Amendment No. 2 to Agreement No. 10-036 with Loop Electric, Inc. ($40,000; revised
not to exceed $92,250 and extend term for one year) to continue the supply of
vehicle loop cutting,
X.
Amendment No, 2 to Agreement No. 10-107 with Kern Sprinkler Landscaping, Inc,
($130,000; revised not to exceed $354,648.25) to continue the supply of landscape
and irrigation services.
Y.
Amendment No. 1 to Agreement No. FD11-028 with Graham Prewett, Inc, ($16,125;
revised not to exceed $41,125) for roof maintenance at Fire Station No. 8.
(Ward 2,4,5) Z.
Contract Change Order No. 14 to Agreement No. 09-076 with Security Paving
Company, Inc. ($296,759.45; revised not to exceed $84,375,656.46) for construction
of the Westside Parkway Phase 2 Project, (TRIP)
(Word 4) aa,
Contract Change Order No. 2 to Agreement No. 11-011 with MGE Underground, Inc.
($57,894.03; revised not to exceed $4,702,116.43) for construction of the Westside
Parkway Phase 6A Project. (TRIP)
(Ward 6,7) bb.
Contract Change Order Nos. 1 and 2 to Agreement No. 11-077 with Granite
Construction Company ($106,941.22; revised not to exceed $1,314,649,22) for
Pavement Rehabilitation 2011 Phase 3 Project: Pacheco Road from Akers Road to
Wible Road; and Pacheco Road from Hughes Lane to South H Street.
Bids:
(Ward 1,2) cc. Accept bid and approve contract with Terry Bedford Concrete Construction, Inc.
(not to exceed $412,900) for construction of HUD curb and gutter.
(Ward 1,2,7) dd. Accept bid and approve contract with Southern Hemisphere Shades, Inc, for Dr.
Martin Luther King Jr., Jefferson, Planz, and Lowell Parks Playground Shade Structure
Projects.
4 City Council Meeting of 01 /11/2012
8. CONSENT CALENDAR continued
Miscellaneous:
ee. Appropriate $66,000 County Grant Revenues to the General Fund Police Operating
Budget to provide funding to deter, investigate, and prosecute real estate fraud
crimes.
ff. Appropriate $84,256 Federal Grant Revenues (Fiscal Year 2011-12 Sobriety
Checkpoint Mini-Grant Award from the State Office of Traffic Safety) to the General
Fund Police Operating Budget, to fund overtime for DUI checkpoints in the Traffic
Division.
gg. Audit Reports for Fiscal Year ended June 30, 2011 (refer to Budget & Finance
Committee):
Comprehensive Annual Financial Report (CAFR).
2. Agreed Upon Conditions Report.
3. Single Audit Report - Schedule of Federal Expenditures for the City.
4. Independent Auditors Report - Compliance with Contractual Requirements
relative to the Bakersfield Subregional Wastewater Management Plan.
5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit)
for the City.
6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center,
Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre.
hh. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for park
impact fees prepared in accordance with California Government Code §66006.
(Ward 3,6) ii. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for bridge
crossing and major thoroughfare fees prepared in accordance with California
Government Code §66006,
jj. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for planned
drainage area fees prepared in accordance with California Government Code
§66006,
kk. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for planned
sewer area fees prepared in accordance with California Government Code §66006.
II. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for
transportation impact fees prepared in accordance with California Government
Code §66006.
Staff recommends adoption of Consent Calendar items 8.a. through 8.11.
5 City Council Meeting of 01 /11 /2012
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider Resolution making findings and updating the Capital
Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation
Plan. (Staff recommends adoption of Resolution.)
b. Public Hearing and adoption of Ordinance amending Chapter 1.12 revising the
boundaries of City Council Wards 1 through 7. (FR 12/14/11)
(Staff recommends adoption of Ordinance.)
10. CLOSED SESSION
a. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section 54956.9. (One potential case)
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(3)(A) of Government Code Section 54956.9. (One matter)
C. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1)/54957.6.
RECESS TO CLOSED SESSION
11. CLOSED SESSION ACTION
12. HEARINGS
13. REPORTS
a. California Supreme Court Decision regarding Dissolution of Redevelopment
Agencies:
1. Resolution determining that the City of Bakersfield elects to, and shall, serve as
the successor agency to the dissolved Bakersfield Redevelopment Agency
pursuant to Health and Safety Code Section 34173.
2. Resolution determining that the City of Bakersfield shall retain the housing
assets and functions of the dissolved Bakersfield Redevelopment Agency
pursuant to Health and Safety Code Section 34176.
Staff recommends adoption of the Resolutions.
b. Thomas Roads Improvement Program Update. (TRIP)
Staff recommends acceptance of the Report.
14. DEFERRED BUSINESS
15. NEW BUSINESS
a. Resolution authorizing the issuance and sale (not to exceed $25 million) in aggregate
principal amount of City of Bakersfield, California Wastewater Revenue Refunding
Bonds Series 2012k approving a third supplemental trust indenture, a remarketing
agreement, a standby bond purchase agreement, an official statement, a bond
purchase agreement, an escrow agreement, and a continuing disclosure certificate
and authorizing and directing additional actions in connection with the issuance of
Revenue Refunding Bonds.
Staff recommends adoption of the Resolution.
6 City Council Meeting of 01 /11 /2012
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
1/5/12 9:56 am
City Council Meeting of 01 /11 /2012
AGENDA HIGHLIGHTS
January 11, 2012 COUNCIL MEETING
Item 4a. The Public Works Director will present a mid-year update on the Capital Improvement
Program.
There will be one appointment to the Planning Commission.
Item 8k. Tem orary Extension of Vesting Rights for Subdivision Maps. In 2005, the City Council
adopted Resolution 118-05 which clarified that the City would not grant discretionary extensions of
vesting rights for subdivision maps. In 2011, the Planning and Development Committee
recommended, and the City Council subsequently approved under Resolution 036-11, the
temporary suspension of the 2005 resolution, allowing a one-year extension of vesting rights for
maps that would expire between May 18, 2011 and April 30, 2012, If the developer applied before
the map expiration. The Ad Hoc Housing Incentive Task Force Is now recommending that the City
Council continue the suspension to grant extensions of vesting rights for subdivision maps that are
set to expire between May 1, 2011 and April 30, 2013, If the developers apply before map
expiration.
Item 8o. MOU for construction of Mohawk Street, north of Rosedale Highway. As part of the
mitigation requirements for the Bakersfield Commons project, the developer Is being required to
pay for the extension of Mohawk, north of Rosedale Highway, up to Hageman Road. This action
requests Council approval of an MOU with FKM Associates, LLC, the owner of the property on the
northern portion of the alignment, to convey the right of way to the City for construction of the
road project.
Item 8p. Agreement for Construction of Multi-Use Sports Fields at the Friendship House Community
Center, The City has park Improvement funds available to acquire a 6-acre parcel for a park near
the Friendship House. However, the parcel Is within a development that is currently not active.
Rather than wait for the development of a future park, this proposal Is to use $151,000 of available
park development Improvement funds to pay the Community Action Partnership of Kern for the
design and construction of a multl-use field on 2 acres of land which they own and is located
directly behind the Friendship House. The Community Services Committee reviewed the proposal
and recommended that It be forwarded to the City Council for consideration and approval.
Item 8t. New Regional Habitat Conservation Plan (}MCP). In September, 2011 the City Council
approved the acceptance of State Fish and Game grant funds to prepare a new HCP to replace
the existing plan that expires In 2014. This Item requests approval of an agreement with the Fish
and Game to receive the funding, In the amount of $348,742, and appropriation of those funds, to
the Development Services Operating Budget. Also requested Is approval of an agreement with
ICF Jones & Stokes, for $344,800, to prepare the necessary documentation for the new HCP. The
remaining grant funding will be used for additional expenses related to the document
preparation. The grant also has a matching fund requirement, which will be satisfied by the staff
time allotted to this project.
There will be a conference with Legal Counsel to discuss one matter of Initiating litigation, one
matter of potential litigation, and the City Attorney's evaluation.
Item 13a. Resolutions related to the Dissolution of the Bakersfield Redevelopment Aaencv. The
recent State Court decision to uphold the elimination of redevelopment agencies necessitates the
adoption of a resolution to designate the City as the "Successor Agency" to the RDA to administer
and bring to conclusion the Agency's obligations and activities and a second resolution to
designate the City as the "Successor Housing Agency" to assume the RDA's housing functions. The
activities of the Successor Agency are specifically defined and will be monitored by an Oversight
Board, which Is to be formed by May 1, 2012. Staff recommends adoption of the two resolutions,
which must be submitted to the County Auditor-Controller no later than January 13, 2012.
Considerable detail describing the dissolution process and the requirements of the Successor
Agency Is Included In the Administrative Report. Economic Development Director Donna Kunz will
also provide a status report for the Council.
Item 13b. An update on the TRIP program, with particular focus on the Rosedale Highway
Widening Project, will be provided by Public Works and TRIP staff.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - January 11, 2012 Council Meeting
Page 2
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2012 AGENDA SECTION: WORKSHOPS
ITEM: , Q,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 6, 2011
APPROVED
DEPARTMENT HEAD STW
CITY ATTORNEY V&
CITY MANAGER f-
SUBJECT: Update on Capital Improvement Program Budget
RECOMMENDATION:
BACKGROUND: The Public Works Director will present a mid-year report on the capital
improvement program.
GL
GAGROUPDATWDMINRPT\2012\01-11\CIP Report.doc
oR,
U p
ADMINISTRATIVE REPORT
Rr n♦
CA IF
MEETING DATE: January1 1, 2012 AGENDA SECTION: Appointments
ITEM: '7. et.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Roberta Gafford, City Clerk
January 3, 2012
One appointment to the Planning Commission due to the resignation of Murray
Tragish (Ward 5), whose term expires April 30, 2013.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Planning Commission due to the expiration of term of Murray
Tragish (Ward 5), whose term expires April 30, 2013.
Applications for appointment have been received from the following:
• Justin B. Batey
• Marvin Dean
• Jason Boone Matthews
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of
nomination. In accordance with this ordinance, the appointment shall be made by the
Councilmember of Ward 5.
The Planning Commission is an advisory body to the City Council. it is composed of seven (7)
regular members, nominated by the Councilmember of the ward which corresponds with the
commission vacancy. Additionally, Planning Commission members must be residents of the City
throughout their four-year terms, but not of a specific ward of the nominating Councilmember.
Commission duties are to maintain and interpret the City's General Plan and recommend
methods of implementation; maintain the City's zoning ordinance and make recommendations
for improvement; review the City's Capital Improvement Plan for consistency with the General
Plan; review and approve subdivisions and parcel maps; and conduct hearings on all of the
above items and on any appeals of site plan review.
Mal
January 3, 2012, 12:39PM
S:\Bds&Comm\PLANNING\2012\ADMIN Jan 2012 - tragish.docx
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8, OL,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
December 30, 2011
Approval of Minutes of the December 14, 2011 Regular City Council Meeting.
APPROVED
DEPARTMENT HEAD
CITY MANAGER
CITY ATTORNEY
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: S. gyp,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 29, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Receive and file department payments from December 2, 2011 to
December 29, 2011 in the amount of $24,180,434.53 and Self Insurance
payments from December 2, 2011 to December 29, 2011 in the amount
of $578,496.60, totaling $24,758,931.13.
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
December 29, 2011, 11:32AM
S:\Kim GWDMIN\COUNCIL-ADMIN-AP-2012\ADMIN-AP 011112.doc
F AK
° ADMINISTRATIVE REPORT
c yio
MEETING DATE: January 11, 2012 AGENDA SECTION: CONSENT CALENDAR
ITEM: 16. C .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
December 29, 2011
Resolution calling for the Mayor's Primary Election and requesting consolidation with the
County of Kern, for the Statewide Direct Primary Election to be held Tuesday, June 5, 2012.
APPROVED
DEPARTMENT HEAD > , 4
CITY ATTORNEY JT gco( V L1
CITY MANAGER
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The California Statewide Direct Primary Election is set for June 5, 2012. The City Charter requires that a
Primary Municipal Election for the Office of Mayor be held concurrently with the Statewide Direct Primary.
This resolution requests the County Board of Supervisors take the necessary steps to consolidate this
election.
The filing period for the Office of Mayor begins February 13, 2012 and ends March 9, 2012. If no one
candidate receives a majority, the Charter provides for a run-off election to be held November 6, 2012. In
either case, the new Mayor will take office on January 7, 2013.
Included for Council review is the City Clerk's Election Calendar. This calendar provides information
regarding filing deadlines, campaign reporting deadlines and other important dates. It is not intended for
legal advice and is for general guidance only. The calendar is available to the public from the City Clerk's
Office and on the City's Web Page.
December 29, 2011, 5:15PM
SAEIectionWDMIN RPTS120121Hdmin Mayor Primary 2012.dot
0 014
ADMINISTRATIVE REPORT
IF
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: S. C1.
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD fi L 4
DATE: December 21, 2011
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution supporting the Healthy Eating, Active Living (HEAL) Cities Campaign
through the League of California Cities. (all wards)
RECOMMENDATION: Staff recommends approval of the resolution supporting the Healthy Eating,
Active Living Cities Campaign.
BACKGROUND: In 2004, the League of California Cities adopted a resolution which encouraged
cities to embrace policies that promote healthier lifestyles and communities. Since adoption of
the League's resolution, they have encouraged cities throughout California to adopt resolutions
of their own that address land use, wellness and food access that promote physical activity and
good nutrition.
Over 100 California cities have adopted resolutions in support of the HEAL Cities campaign. The
City of Bakersfield has several policies in place that support the HEAL Cities campaign which also
includes City Council goals adopted in May, 2011.
The overall goal of the Healthy Eating, Active Living (HEAL) Campaign is to reduce obesity and
increase the availability of healthy food choices among low income residents. By adopting this
resolution, the City of Bakersfield policies and programs related to healthy eating and active
living will be included in a shared data base with the League of California Cities of best practices
supporting these positive choices.
dh
S:\ADMINISTRATION DIVISION\Admin Rpts\201 1 Admins\Healthy Eating Active Living Admin.doc
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM , C.
TO: Honorable Mayor and City Council
FROM: Phil Burns, Building Director
DATE: December 16, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and authorizing collection of the
assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on December 12, 2011, by the City Manager designee and all
proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to
comply with the notices to abate such public nuisance. After a hearing duly noticed and held
before the Building Director, the Director issued orders requiring the property owner to abate the
public nuisance. The subject properties are listed as follows:
PROPERTY LOCATION APN COST
Ward 1 /Counclimember Salas
1.
S. Chester Avenue
022-190-16
$
975.00
2.
801 Collins Way
019-041-07
$
725.00
3.
804 Collins Way
019-042-02
$
1,510.00
4.
1411 El Rancho Drive
011-362-09
$
105.00
5.
3407 Horne Street
172-092-08
$
694.00
6.
3508 Horne Street
172-091-33
$
715.00
7.
11 Milham Drive
139-432-21
$
105.00
December 19, 2011, 10:52AM/kd
S:\DanMADMINS\2012\JAN\1-11-Property Abatement.doc
ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 1 /Councilmember Salas
APN COST
8.
132 Milham Drive
139-421-06
$
748.00
9.
1312 Ming Avenue
011-402-10
$
885.00
10.
310 S. Owens Street
018-220-12
$
640.00
11.
1821 E. Planz Road
172-041-11
$
300.00
12.
8025 S. Union Avenue
516-020-15
$
105.00
13.
900 Watts Drive
170-231-08
$
105.00
14.
703 Wilkins Street
139-432-24
$
830.00
15.
1206 3rd Street
010-190-30
$
1,700.00
16.
803 E. 4th Street
139-302-12
$
105.00
17.
118 E. 7th Street
139-192-17
$
105.00
18.
216 E. 7th Street
139-202-13
$
105.00
19.
1421 E. 9th Street
018-062-38
$
1,100.00
20.
322 11 th Street
009-511-18
$
819.00
Ward 2/Councilmember Benham
21.
123 Bernard Street
012-021-06
$
105.00
22.
801 Chester Avenue
009-242-12
$
105.00
23.
211 Eureka Street
016-270-02
$
1,455.00
24.
316 Holtby Road
008-191-15
$
105.00
25.
106 Jefferson Street
012-021-13
$
725.00
26.
232 Jefferson Street
012-310-12
$
105.00
27.
3410 K Street
120-100-12
$
105.00
28.
722 Lake Street
014-130-15
$
300.00
29.
4205 Marella Way
020-482-30
$
105.00
30.
1915 Orange Street
007-192-08
$
105.00
31.
1405 Pacific Street
015-120-01
$
1,730.00
32.
1910 Tulare Street
012-360-09
$
300.00
33.
1403 E. 18th Street
017-220-01
$
665.00
Ward 3/Councilmember Weir
34.
3209 Bucknell Street
021-280-12
$
375.00
35.
7709 Carabina Court
507-140-35
$
105.00
36.
4309 Christmas Tree Lane
146-186-01
$
105.00
37.
2625 Clemson Court
383-173-07
$
300.00
38.
3201 Colgate Lane
383-252-11
$
665.00
39.
4400 Columbus Street
146-060-05
$
105.00
40.
3006 Crest Drive
382-101-02
$
300.00
December 19, 2011, 10:52AMIkd
SADana\ADMiNS\2012\JAN\1-11-Property Abatement.doc
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 3/Councilmember Weir
41.
2900 Eissler Street
146-271-01
$
105.00
42.
5807 Latina Drive
332-593-06
$
740.00
43.
8315 River Hawk Lane
451-532-18
$
300.00
44.
5408 Spring Canyon Court
365-152-15
$
1,194.00
Ward 4/Councilmember Couch
45. 11306 Martinsville Avenue 528-101-02 $ 690.00
46. 8511 Seven Hills Drive 494-391-03 $ 725.00
Ward 5/Counclimember Hanson
47.
4708 Alden Court
392-141-35
$
700.00
48.
3819 Boswellia Drive
513-213-01
$
105.00
49.
West of 2801 Brookside Drive
389-350-15
$
2,284.00
50.
9108 Duncanson Drive
392-271-06
$
105.00
51.
4009 Frost Way
392-331-26
$
713.00
52.
515 Harvest Creek Road
501-191-03
$
105.00
53.
9340 Panama Lane
497-010-05
$
994.00
Ward 6/Coucilmember Sullivan
54.
5455 District Boulevard
384-360-04
$
105.00
55.
NWC McKee Road & Stine Road
532-020-11
$
300.00
56.
2461 Pinon Springs Circle
355-253-35
$
300.00
Ward 7/Councilmember Johnson
57.
5800 Alberta Street
372-231-05
$
105.00
58.
4300 Balboa Drive
171-182-18
$
713.00
59.
1404 Hub Avenue
025-11 1-10
$
300.00
60.
1405 Hub Avenue
025-113-10
$
300.00
61.
4309 Jackson Ridge Avenue
514-492-05
$
735.00
62.
3707 Mesa Grande Street
405-091-04
$
105.00
63.
1206 Quartz Hill Road
516-251-04
$
105.00
64.
3608 Slate Court
371-301-01
$
300.00
65.
1320 White Lane
025-122-22
$
105.00
December 19, 2011, 10:52AM/kd
SADana\ADMINS\2012UANM141-Property Abatement.doc
ADMINISTRATIVE REPORT
The owners of the above-mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed
against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property
owners had been given notice of their right to appear at the hearing on this matter before the
City Manager designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
December 19, 2011, 10:52AM/kd
SADana\ADMINS\2012UAN\1-11-Property Abatement.doc
A
ADMINISTRATIVE REPORT
1
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: a. JP.
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: December 15, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Resolution approving application for annexation of uninhabited territory to
the City of Bakersfield identified as Annexation No. 624 consisting of 17.28
acres, located along the north side of Taft Highway, east and west of Stine
Road. (Wards 6 & 7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This item was continued from the November 16, 2011 and December 14, 2011 City
Council meetings. Councilmember Johnson requested these continuances to allow him
additional time to contact affected property owners within the annexation.
The resolution of application proposes proceedings for annexation of uninhabited
territory to the City of Bakersfield. Annexation No. 624 is located along the north side of
Taft Highway, east and west of Stine Road. This annexation includes 9 parcels on 17.28
acres. These parcels are surrounded by city limits on three sides and create a county
strip within the area. Property owners Leroy & Rose Grider and Panama Elementary
School submitted written request for annexation into the city. The other 6 properties were
added to the annexation at the direction of LAFCO to prevent creation of a small county
island (once pending annexations are approved south of Taft Highway). These property
owners were contacted by City staff but only Herold & LaVerne Heron responded that
they were not interested in annexation; there was no reply from property owners David &
Patricia Stephens, Paul Rubio or the Robert Larry Boyles Trust. All parties will have an
additional opportunity to voice their acceptance/rejection as they will receive notice of
the public hearing before LAFCO when annexation of this area is considered.
The annexation is adjacent to the City limits and within the City's Sphere of Influence
boundary. The exchange of property tax revenues for this annexation will be covered
under the master tax split agreement (Memorandum of Understanding 05-015) between
the City of Bakersfield and County of Kern.
JE:dl
S:\Annexafion\Res of Applic\Admin Draft 624 1-1 l.doc
Z
O
X
W
Z
Z
Q
O
H
W
Cl)
a
0
CL
CO
w
a
N
cc
Z
O
X
W
Z
2
Q
i
1S 3NOIS3NIHN
O
m
R
N
G W
Z =
W
N
10 TIVS o vnt)s
w
Z
O
D z
W a J
W O w
J tWi~
Z z z
a
N
W
M
s
1
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 13, 2011
Sewer connection and construction fee assessments (Wards 4):
Resolution confirming assessments for sewer connection and construction
fees and authorizing the collection of assessments by the Kern County Tax
Collector.
2. Agreement with the property owners to pay sewer connection and
construction fees in installments through the Kern County Tax Collector. A
notice of special assessment lien will be placed on the property:
a. William J & Ann Kinnett 7705 Hooper Ave.
b. Ray W. & Quandala Graham 7908 Kimberly Ave.
c. Michael Roy Hulbrt 7904 Kimberly Ave.
d. Adrian & Shastine Y. Arias 7604 Kimberly Ave.
e. Milton J. & Marilyn C. Webster 7712 Kimberly Ave.
f. Franklin W. & Dorthy E. Allen 7913 Hooper Ave.
g. Richard D. & Judith 1. Baize 7600 Hooper Ave.
h. Robert E. & Carolyn J. Balch 7709 Kimberly Ave.
1. Roy & Marilyn A. Garcia 7804 Kimberly Ave.
j. Michael D. & Genita K. Holman 7608 Kimberly Ave.
k. Andrew & Deiphine R. Lopez 7801 Kimberly Ave.
1. David E. & Michelle D. Reed 7605 Kimberly Ave.
AP ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends adoption of resolution and approval of agreements.
BACKGROUND: The owners of the properties shown above desire to connect said properties
to the City sewer system. The property owners claim that to pay the sewer connection and
construction fees In one payment would produce an economic hardship. To assist in paying
the connection and construction fees, the City has contracted with the property owner to
apportion the connection and construction fees over an eight year period to be collected
with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and
16.32.060. Ordinance No. 4648 dated August 18, 2011, authorizes the Kern County Tax
Collector to collect the connection and construction fees in eight equal payments over the
next eight years,
da
G:\GR0UPDAIIADMINRPT\2012\01-11\Kimberly-Hooper PSA.doc
December 21, 2011, 8:45AM
A
w
U d
f ADMINISTRATIVE REPORT
IM
0
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: S. h
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Douglas Greener, Fire Chief
December 27, 2011
APPROVED
DEPARTMENT HEAD D
CITY ATTORNEY
CITY MANAGER
Homeland Security Grants on behalf of the Kern Operational Area
1. Resolution determining that the City Manager, or his designee, is appointed as
authorized agent to execute any actions necessary for the purpose of
obtaining federal financial assistance provided by the Department of
Homeland Security and sub-granted through the State of California to the
County of Kern and through the County of Kern to the City of Bakersfield.
2. Memorandum of Understanding with the County of Kern - Homeland Security
Grant funding Agreement for acquisition of specialized equipment, training
and other professional services.
3. Appropriate $183,621 FY2011 Homeland Security Grant Funds to the Capital
Outlay Fund Capital Improvement Budget.
4. Appropriate $101,693 Federal Grant Revenue to the Fire Department
Operating Budget within the Metropolitan Medical Response System Fund.
RECOMMENDATION:
Staff recommends approval of the Resolution, Memorandum of Understanding, and
appropriation of grant funds.
BACKGROUND:
1. Resolution for Authorized Agent - Homeland Security Grants
This Resolution appointing the City Manager as the City agent and the Memorandum of
Understanding between the City of Bakersfield ("City") and the County of Kern ("County") are
necessary because the County is the designated sub-grantee for Homeland Security Grants on
behalf of the Kern Operational Area. As required by grant guidelines, the designated Anti-
Terrorism Approval Body ("Approval Authority") includes the County Fire Chief, the Sheriff, the
Emergency Medical Services Department Director, and a representative from both the Kern
Police Chiefs and Kern Fire Chiefs Associations. The Approval Authority approves grant
applications and expenditures of grant funds.
C:\Users\cblair\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\80VGQH18\County MOU SHSP
Grant appropriation 01 11 12 (2).doc
A
'r ♦ I
ADMINISTRATIVE REPORT
a
2. Memorandum of Understanding - Homeland Security Grant
The Memorandum of Understanding addresses specifics of the State Homeland Security funding
agreement between the City of Bakersfield and Kern Operational Area and outlines the process
for the allocation of FY2011 State Homeland Security grant funds to the "Bakersfield Fire
Department Mobile Command Team Communications Project" and "City of Bakersfield FY2011
MMRS Project." The MOU will allow the procurement of specialized equipment on behalf of the
City of Bakersfield, as a local government entity, on behalf of the Kern Operational Area.
3. Appropriate $183,621 FY2011 - Homeland Security Grant
The State Homeland Security Grant funded "Bakersfield Fire Department Mobile Command
Team Communications Project" will procure radios with rechargers, computers and a printer for
the UASI Mobile Command Unit. The UASI Mobile Command Unit is a shared, multi-jurisdictional
resource, and will include the latest computer, satellite, dispatching, and video and
communications technologies critical for a unified on-scene incident command during multi-
jurisdictional emergencies and disasters.
4. Appropriate $101,693 FY2011 - Metropolitan Medical Response System (MMRS) grant
program
The State Homeland Security Grant includes funding for the Metropolitan Medical Response
System (MMRS) grant program which is specifically for the City. The MMRS grant allows funding
for personnel to develop plans required to support the MMRS program and specialized training
for personnel as approved by the California Emergency Management Agency.
There are three parts to the MMRS grant award including equipment, planning and training.
The equipment section will fund $75,000 for purchase of monitors to be used for search/rescue
and detection of hazardous chemicals. The training section will fund $26,693 for continuing
education, paramedic, hazmat, rescue and disaster assistance training.
C:\Users\cblair\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\80VGQH18\County MOU SHSP
Grant appropriation 01 11 12 (2).doc
F Aga
U p
ADMINISTRATIVE REPORT
1
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: S. i.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Dianne Hoover, Director of Recreation & Parks
December 29, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~-a-
CITY MANAGER
Design, supply, and install Challengers Playscape playground with slides at City in
the Hills Park. (ward 3)
1. Resolution determining that Challengers Playscape playground with slides
cannot be reasonably obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with bidding thereof to purchase
and install Challengers Playscape playground with slides from Dave Bang
Associates, Inc., not to exceed $40,000.
2. Approve the agreement to purchase and install Challengers Playscape
playground with slides at City in the Hills Park from Dave Bang Associates, Inc.,
for a total amount not to exceed $40,000.
RECOMMENDATION:
Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND:
In October 2011, the City completed the construction of City in the Hills Park which included a
children's playground. Slides were not part of the original playground. Staff recommends the
design, supply, and installation of slides that will match the existing playground's theme, color
scheme, and compatibility with the original supplier and installer. The original supplier and
installer, Dave Bang Associates, Inc., was contacted to supply and install the toddler playground.
Sufficient funding exists within the remaining appropriated budget for the City in the Hills Park
project and will have no budget impact on the General Fund.
December 29, 2011, 10:14AM:jln
S:\ADMINISTRATION DIVISION\Admin Rpts\2011 Admins\City in the Hills Playground dispense with bid.docx
F Ae,r
ADMINISTRATIVE REPORT
IF
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: e, '
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Dianne Hoover, Director of Recreation & Parks
December 29, 2011
Design, supply, and install playground equipment for 2-5 year-olds at Greystone
Park. sward 5)
1. Resolution determining that playground equipment for 2-5 year-olds cannot be
reasonably obtained through the usual bidding procedures and authorizing the
Finance Director to dispense with bidding thereof to purchase and install
playground equipment for 2-5 year-olds from Great Western Park & Playground,
not to exceed $75,000.
2. Approve the agreement to purchase and install playground equipment for 2-5
year-olds at Greystone Park from Great Western Park & Playground for a total
amount not to exceed $75,000.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY AT-
CITY MANAGER Pf
RECOMMENDATION:
Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND:
In June 2011, the City completed the construction of Greystone Park which included a
playground for 5-12 year-olds. A playground component for toddlers, ages 2-5, was not part of
the original playground. Staff recommends the design, supply, and installation of a playground
for 2-5 year-olds that will match the existing 5-12 year-old playground's theme, color scheme,
and compatibility with the original supplier and installer. The original supplier and installer, Great
Western Park & Playground, was contacted to supply and install the toddler playground.
Sufficient funding exists within the remaining appropriated budget for the Greystone Park project
and will have no budget impact on the General Fund.
December 29, 2011, 9:52AM:jIn
SAADMINISTRATION DIVISION\Admin Rpts\201 1 Admins\Greystone Playground dispense with bid.docx
0 A
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8. k.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: January 3, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY A#
CITY MANAGER k1
SUBJECT: Amendment No. 1 to Resolution No. 036-11 further suspending application of
Resolution No. 118-05 to allow for discretionary extensions of vesting rights in
subdivision maps. (All Wards)
RECOMMENDATION:
Staff recommends adoption of Amendment No. 1 to Resolution No. 036-11.
BACKGROUND:
On June 8, 2005, the City Council adopted a policy that the City would not grant discretionary extensions
of vesting rights (Resolution 118-05) since the City's established development fees were designed to
provide for certain public infrastructure and facilities to serve those developments and extensions of
vesting rights would result in an insufficient collection of funds for that infrastructure.
In early 2011, at the request of the building industry, the City Council's Planning and Development
Committee explored ways to improve economic activity for new home construction. This analysis
culminated with a recommendation by the Committee that the City Council suspend the policy put forth
in Resolution 118-05 and temporarily allow the City the discretion to, once again, grant extensions of
vesting rights. If approved, developers would have more time to begin construction on their recorded
map while taking advantage of the ordinances, policies, standards, and fees in place at the time their
applications were deemed complete.
On May 18, 2011, the City Council accepted the Committee's recommendation and adopted Resolution
No. 036-11, suspending application of Resolution No. 118-05 until April 30, 2012. This suspension allowed
the City to grant a one-year extension of vesting rights set to expire between May 18, 2011 and April 30,
2012, if the developer applied for the extension before the map expired.
The issue again arose in 2011 with the City Council's Ad Hoc Housing Incentive Task Force recommending
that the City Council once again extend the suspension of the application of Resolution No. 118-05 until
April 30, 2013 by amending Resolution No. 036-11.
If the City Council adopts the Task Force's recommendation to amend Resolution No. 036-11, the City will
have the discretion to grant extensions of vesting rights in subdivision maps that are set to expire between
May 1, 2011 and April 30, 2013, if developers apply for the extension before their maps expire.
On May 1, 2013, Amendment No. 1 to Resolution 036-11 will become null and void and Resolution 118-05
will continue in full force and effect, if no other action is taken.
AH
SAC0UNCIL\Admins\11-12 Admins\FurtherVestingRightsExt.doc
c BAK
ycAN° 4r
ADMINISTRATIVE REPORT
IFO
MEETING DATE: January 11, 2012 AGENDA SECTION: CONSENT CALENDAR
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD T
DATE: December 29, 2011 CITY ATTORNEY ~ \x
CITY MANAGER &
SUBJECT: Amendment No. 1 to Resolution No. 118-11 revising the date of the regular meeting
of the City Council during the month of December, 2012.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
At the request of Vice-Mayor Couch, an amendment to Resolution No. 118-11 is being presented
for consideration which reflects a change to the December 12, 2012 meeting date. The request
is to move the date forward to Tuesday, December 11, 2012. This date does not conflict with
any holidays, election deadlines or conferences. The meeting will be held in the Council
Chambers and will begin at 5:15 p.m.
rg
December 30, 2011, 8:53AM
S:\Counci1\admins\2012\Counci1 meeting dates 2012.dot
A
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: , M
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: December 21, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY A~
CITY MANAGER
SUBJECT: Resolution of Intention (ROI) No. 1706 to add territory, Area 3-83 (5500 Woodmere
Drive) to the Consolidated Maintenance District and preliminarily approving,
confirming, and adopting the Public Works Director's Report. (Ward 6)
RECOMMENDATION: Staff recommends adopting the Resolution of Intention.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of
the parcel to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at
the next City Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above
which waives the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy the subdivision
requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be
subdivider(s)/developer(s) to be recorded with the subdivision map. A copy
attached for reference.
Ps
supplied to the
of this covenant is
G:\GR0UPDAT\ADMINRPT\2012\01-11\R0I Est CMD 3-83.docx
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul M Rojas, Public Works Director
DATE: December 7, 2011
AP VED
DEPARTMENT HEAD
CITY ATTORNEY p~
CITY MANAGER
SUBJECT: Resolution of Intention No. 1704 calling a public hearing to determine whether
public necessity, health, safety or welfare requires formation of an underground
utility district within designated area - District No. 2, Division 35 (Wible Road,
Panama Lane to Berkshire Road) - (Ward 7)
RECOMMENDATION: Staff recommends adoption of resolution of intention.
BACKGROUND: This resolution of intention is necessary in order to comply with the City Municipal
Code and PG&E Rule 20A regulations regarding underground utility districts. The formation of this
district will require that all affected utility companies remove the overhead lines on Wible Road
between Panama Lane and Berkshire Road and place them underground. The district
encompasses Wible Road between Panama Lane and Berkshire Road and the parcels with
direct frontage on this section of Wible Road. The district will be constructed with PG&E Rule 20A
funds at no cost to the City.
As a part of the undergounding process, any existing overhead facilities for communication and
electric services are converted to underground services. These costs are paid for through Rule
20A Funds, not out of any city funding sources. Rule 20A allocates up to $1,500 per service
entrance excluding permit fees for this conversion.
The Resolution of Intention sets the date of February 1, 2012 for the protest hearing.
mps
December 8, 2011, 1:39PM
GAGR0UPDAT\ADMINRPT\2012\01-11\2-35 ROW=
,
ADMINISTRATIVE REPORT
T 0 A
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: g, 0.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
December 23, 2011
APPROVED
DEPARTMENT HEAD N
CITY ATTORNEY
CITY MANAGER
Memorandum of Understanding Agreement with FKM Associates, LLC for the
construction of Mohawk Street north of Rosedale Highway.
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
On June 30, 2011, the City completed Phase 1 of the Westside Parkway Project which
extended Mohawk Street approximately 1.2 miles from Truxtun Extension north to Rosedale
Highway. This roadway extension has been anticipated for many years and has been heavily
used since its opening. As such, extending Mohawk Street further north to connect with
Hageman Road will further improve traffic circulation in the area.
On September 8, 2010, the City Council adopted Ordinance No. 4628 (General Plan
Amendment/Zone Change No. 06-1877) for the Bakersfield Commons project. As part of the
mitigation for GPA/ZC No. 06-1877 the developer is required to fund and/or construct Mohawk
Street from Rosedale Highway to Hageman Road to two lanes (total of four) with a fully
expanded intersection at Rosedale Highway prior to the end of 2012. Right of way for
Mohawk Street is to be provided for by the City.
This agreement is with FKM Associates, LLC who owns the northern portion of alignment
between Rosedale Highway and Hageman Road. The agreement provides the terms wherein
the City will extend Mohawk Street from Rosedale Highway to north of the Calloway Canal.
The Memorandum of Understanding provides that the City will construct Mohawk Street using
monies from the World Oil mitigation requirements set out in General Plan Amendment/Zone
Change No. 06-1877 in exchange for FKM dedicating the necessary right of way.
Rosedale Land Venture I, LLC, (RLV) owns the southern portion of the alignment. RLV
previously dedicated a sixty (60) feet right of way over their property as a condition of Lot Line
Adjustment No. 12-07 which Certificate of Compliance was recorded on July 12, 2008 as
Document No. 0208107193.
DMA/s
January 3, 2012, 2:OOPM
P:1MyFileslAdmin Reports\Mohawk North.2.doc
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8 P.
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD t.
DATE: December 30, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Community Action Partnership of Kern (CAPK) ($151,000) for
Construction of Multi-Use Sports Fields at the Friendship House Community Center
located at 2424 Cottonwood Road. (Ward 1)
RECOMMENDATION:
Staff recommends approval of agreement with Community Action Partnership of Kern.
BACKGROUND:
Community Action Partnership of Kern has been serving the low-income community throughout
the City of Bakersfield and the County of Kern for over sixty years by providing resources that
empower their clients to become self-sufficient and improve their lives.
In addition, CAPK owns and operates the Friendship House Community Center (FHCC) located
at 2424 Cottonwood Road in Bakersfield, California, which has provided a safe haven for low-
income families and services for children for over sixty years.
CAPK also owns two acres of unimproved land directly behind the FHCC, whereupon CAPK
desires to design, construct, and maintain a public Multi-use Sports Field to expand sports
leagues for children to benefit the community.
The addition of a Multi-use Sports Field will add a key component to the ongoing efforts of CAPK
to improve the quality of life in the surrounding community.
The City also recognizes the importance and need for recreational amenities in this community.
The City has park improvement funds available for acquisition of a six acre park located near
FHCC, but within a development that remains as raw land and is currently idle.
The City desires to use $151,000 of its available park improvement funds to compensate CAPK
for the design and construction of said multi-use sports field so it can be enjoyed by the
surrounding community in the immediate future rather than having the community wait for the
development of a future park.
C:\USERS\PPACHECO\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\MY9271YO\CAPK ADMIN.DOC
A
q
v o
1
ADMINISTRATIVE REPORT
The Community Services Committee reviewed this proposal at their meeting of December 8,
2011 and recommended that it be forwarded to the City Council for consideration and
approval.
kt
C:\USERS\PPACHECO\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\MY9271YO\CAPK ADMINAOC
U p
LIF
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: a q,
TO:
Honorable Mayor and City Council
APPROVED
FROM
DATE:
Raul M. Rojas, Public Works Director
December 28, 2011
DEPARTMENT HEAD &tA
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with the State of California Department of Parks and Recreation,
Office of Historic Preservation ($331,402.04) for providing priority attention to
Thomas Roads Improvement Program (TRIP) projects. (Various Wards) (TRIP)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The State of California Department of Parks and Recreation, Office of Historic
Preservation (OHP) is a state resource agency that plays a key role in the ultimate
environmental approval for many of the TRIP projects. OHP reviews the cultural and historic
studies and documentation prepared for the environmental documents for the various TRIP
projects, and they must provide their concurrence with the findings presented in the
documents. If the findings indicate that there are cultural and/or historic impacts resulting
from a project that will need to be mitigated, then the City and/or Caltrans is required to
further consult with the OHP. Ultimately, an agreement which outlines the implementation of
this mitigation is entered into between all parties involved.
There will be many TRIP project documents and agreements that will need to be reviewed
and processed by OHP staff. Due to state budget constraints, OHP's ability to quickly respond
to TRIP submittals is limited by their staff and resource availability. As a result, this review and
processing could significantly delay the environmental clearance and ultimate delivery of the
TRIP projects. To expedite the processing of TRIP documents through the OHP, the City
proposed that TRIP federal earmark funds be used to provide some short-term funding for an
OHP staff position. This OHP staff member would not work directly on TRIP project documents,
but would free-up other OHP staff to be able to immediately begin working on these
documents. This arrangement will result in accelerating the review and approval of TRIP
project documentation when compared with customary processing timelines through the
OHP, which will ultimately have the effect of expediting TRIP project construction and
completion.
Staff recommends approval of the Agreement. Adequate federal earmark funds and local
matching funds have been previously budgeted to pay for this Agreement.
Tdw:G:\GROUPDAT\ADMINRPT\2012\01-1 1 \TRIP OHP Agr Admin.doc
A
° ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8. r.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 21, 2011
APPROVED
DEPARTMENT HEAD ,3 V1
CITY ATTORNEY p
CITY MANAGER
SUBJECT: Memorandum of Agreement (MOA) with Kern Council of Governments (Kern COG)
for the pass-through of Public Transportation Modernization, Improvement, and
Service Enhancement Account (PTMISEA) funds for the construction of the
Bakersfield Amtrak Station parking structure (Project contingent upon sales of
Proposition 1 B bonds by State of California, Ward 2).
RECOMMENDATION: Staff recommends approval of MOA.
BACKGROUND: The Public Transportation Modernization, Improvement, and Service
Enhancement Account Program (PTMISEA) was created by Proposition 1 B, the Highway Safety,
Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. Of the $19.925 billion available
to Transportation, $3.6 billion dollars was allocated to PTMISEA to be available to transit operators
over a ten-year period. PTMISEA funds may be used for transit rehabilitation, safety or
modernization improvements, capital service enhancements or expansions, new capital projects,
bus rapid transit improvements, or rolling stock (buses and rail cars) procurement, rehabilitation or
replacement. Funds in this account are appropriated annually by the Legislature to the State
Controllers' Office (SCO) for allocation in accordance with Public Utilities Code formula
distributions: 50% allocated to Local Operators based on fare-box revenue and 50% to Regional
Entities based on population.
The City of Bakersfield, as the owner of the Bakersfield Amtrak Station, is eligible to apply for
PTMISEA funds under the "'Regional Entities" allocation.
The City has submitted a preliminary $2.7 Million grant request for a project to construct a parking
garage (approximately 150 parking stalls) at the Bakersfield Amtrak Station. The Station's parking
lot currently has 237 stalls. The proposed garage will have an approximate foot print of 130 feet
by 200 feet and located at the east end of the current parking lot. This will eliminate 65 existing
stalls, bringing the total to 322 stalls. During construction of the garage approximately 100 stalls
will be unavailable for use. Not all parking stalls are currently being used at the station. However,
in case a need arises due to the loss of the spaces, staff will work with the County to secure some
spaces in the Library parking lot which is adjacent to the west. The Caltrans Rail Program recently
announced plans to purchase more train engines and cars for several main passenger rails
including the San Joaquin route. The new train engines and cars, in conjunction with track and
G:\GROUPDAT\ADMINRPT\2012\01-11\Kern COG Bakersfield PTMISEA MOA 2011 v2_1.docx
ADMINISTRATIVE REPORT
signal equipment improvements being planned with the Burlington Northern Santa Fe Railroad,
will allow the San Joaquin trains to travel faster. Because of the faster rail service, the Caltrans Rail
Program anticipates a significant increase in ridership. The increase in passenger capacity
because of the new train engines and cars will also encourage more people to ride the train.
Also, Golden Empire Transit District (GET) is in the final stages of completing its long-range transit
plan. GET has identified the downtown Amtrak station as a primary bus depot in its short, mid and
long-range service changes. Kern Regional Transit (KRT) will adjust its intercity bus routes to use
the GET Amtrak bus stops to enhance and improve its county-wide service. Thus, there is a need
to increase parking at the Amtrak Station.
Kern Council of Governments (Kern Cog), as the metropolitan regional transportation planning
entity, will act as the primary recipient of these grant funds if the application is approved. The
City will act as the sub recipient of these funds. The City would be responsible for the design and
construction of the proposed project.
The attached MOA stipulates the agreement between Kern COG and the City whereby Kern
COG passes-through PTMISEA funds to the City specifically for construction of a parking structure
at the Bakersfield Amtrak Station Multi-Modal Transit Center. This project is contingent upon the
sales of Proposition 1 B bonds by the State.
phs
GAGROUPDAT\ADMINRPT\2012\01-1 1\Kern COG Bakersfield PTMISEA MOA 2011 v2_1.docx
A
r~ 1044
S
ADMINISTRATIVE REPORT
LIF
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: $,S,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: December 29, 2011
APPROVED
DEPARTMENT HEAD 6SCk
CITY ATTORNEY 1%e -
CITY MANAGER ~OJ
SUBJECT: Cooperative Agreement with the State of California Department of Transportation
(No fiscal impact) for Street Improvements on Taft Highway (SR 119) from Gosford
Road to Ashe Road (Ward 6).
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: As part of the Wastewater Treatment Plant No. 3 Expansion project, the
roadways adjacent to the Plant site will be widened to ultimate width. Taft Highway (SR 119) is
the southern roadway adjacent to the Plant site. This project will widen Taft Highway to ultimate
width adjacent to the Wastewater Treatment Plant. These roadway improvements along Taft
Highway will be funded with Sewer Enterprise funds.
The State desires to enter into a Cooperative Agreement with the City for construction of the
proposed improvements. This Agreement defines the roles and responsibilities of the State and
the City for the proposed project. There is no fiscal impact associated with this Agreement.
of
E8K102
G:\GR0UPDAT\ADMINRPT\2012\01-11\Taft Hwy Coop Agreement.doc
A
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jim Eggert, Planning Director
December 14, 2011
New Bakersfield Regional Habitat Conservation Plan (All Wards):
Agreement to receive funds from the California Department of Fish and
Game ($348,742) to initiate planning for the new Bakersfield Regional Habitat
Conservation Plan.
2. Agreement with ICF Jones & Stokes ($344,800) to prepare documentation
that will be used for the new Bakersfield Regional Habitat Conservation Plan.
3. Appropriate $348,742 California Department of Fish and Game Grant to the
Development Services' Operating Budget in the Capital Outlay Fund.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends approval of agreements and appropriation.
BACKGROUND:
On September 28, 2011, the Bakersfield City Council passed and adopted Resolution No. 086-
11 accepting the Fiscal Year 2011 grant funds from the Cooperative Endangered Species
Conservation Fund, which is administered by the California Department of Fish and Game.
The grant funds will be used to prepare documentation for the new Bakersfield Regional
Habitat Conservation Plan (BRHCP), the successor plan to the existing Metropolitan Bakersfield
Habitat Conservation Plan that expires in August, 2014. The agreement to receive grant
monies from the California Department of Fish and Game is for $348,742.
Phase I of this preparation includes hiring a consultant to assist planning the BRHCP. On
November 29, 2011, the City of Bakersfield determined through the Qualifications-Based
Selection process that ICF Jones & Stokes was the best qualified consultant. The fee proposal
from ICF Jones & Stokes is for $344,800. The remainder of the grant funds will be used for
additional expenses in document preparation. The grant has a matching fund requirement,
which will be met through staff time in working on this project.
December 20, 2011, 11:04AM
PE /S:%DanA4DMINS12012UAAA1-11-HCP Grant.doc
A
00 14
14
ADMINISTRATIVE REPORT
9 10 ITIL
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: U.
TO: Honorable Mayor and City Council APPROVED
FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD r~
DATE: December 16, 2011 CITY ATTORNEY -L
CITY MANAGER
SUBJECT: Amendment 1 to Agreement No. 07-017 with Coca-Cola Bottling Company of
Southern California extending term for soft-drink vending services in City-owned
parks. (all wards)
RECOMMENDATION:
Staff recommends acceptance of the amendment.
BACKGROUND:
In January 2007, the City and Coca-Cola Bottling Company of Southern California
(Coca-Cola) entered into Agreement No. 07-017 for soft-drink vending services in City-
owned parks. Under the terms of the initial agreement, Coca-Cola compensates the
City fifty percent (50%) of annual sales. The original agreement is set to expire January
17, 2012, however, the "Term" provision allows this agreement to be extended annually
for five (5) consecutive one-year periods at the City's option and upon mutually
agreeable terms.
Due to the mutually beneficial relationship over the past five years, both parties desire
to extend Agreement No. 07-017 for an additional year.
jln
C:\USERS\SNEWLAND\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\OW06LH9X\COCA COLA AMEND_t AOC
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 16-
DATE: December 29, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement 11-059 with outside counsel, Clifford & Brown for
legal services for General Personnel Issues, in an amount not to exceed $175,000.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On June 8, 2011, the City entered into Agreement No. 11-059 for legal services with Clifford
& Brown in an amount not to exceed $75,000. Several unforeseen personnel matters have risen,
which has caused an increase in the work to outside counsel. At this time, the City Attorney's
Office requests that an amendment to this agreement be executed for additional compensation
so that outside representation may continue.
This Amendment No. 1 to Agreement No. 11-059 would add One Hundred Thousand
Dollars ($100,000) to the Not to Exceed Limitation on compensation and result in a total Not to
Exceed amount of One Hundred Seventy-Five Thousand Dollars ($175,000).
VG:ac
S:\COUNCIUAdmins\11-12 Admins\C&BGenPers1ssuesAdmin11-059Amd1.d0cx
December 29, 2011, 3:47PM
A
ADMINISTRATIVE REPORT
10
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8, Uj,
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: December 29, 2011
APPROVED
DEPARTMENT HEAD.%'~'
V-
CITY ATTORNEY
CITY MANAGER_ &
SUBJECT: Amendment No. 2 to Agreement No. 10-036 with Loop Electric, Incorporated;
extending the contract term one year and adding $40,000 (for a total not to
exceed amount of $92,250) to continue the supply of vehicle loop cutting. (City
Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On March 24, 2010, Council approved the Annual Contract for the supply of
vehicle loop cutting to Loop Electric, Incorporated in the amount of $52,250; renewable
annually thereafter for four consecutive one-year periods. On April 13, 2011, Council approved
Amendment # 1 extending the term one year.
If approved, Amendment No. 2 will add $40,000 for a revised not to exceed amount of $92,250,
and extend the contract term one year. Funds are budgeted in the departmental operating
account in the General fund. Approval of the amendment will allow the Public Works
Department to continue to meet the City's traffic signal repair needs for the next year.
Purchasing Division/ch
S:\PURCH\ADMN\Amendments 11-12\AC for Vehicle Loop Cutting Amendment #2 Agmt. 10-036.docx
December 29, 2011, 11.31 A.M.
A
ADMINISTRATIVE REPORT
C 'Wr n
LIFO
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: S X.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD
DATE: December 29, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 10-107 with Kern Sprinkler Landscaping,
Incorporated; adding $130,000 (for a total not to exceed amount of $354,648.25)
to continue the supply of landscape and irrigation services. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On July 21, 2010, Council approved the Annual Contract for the supply of
landscape and irrigation services to Kern Sprinkler Landscaping, Incorporated in the amount of
$224,648.25; renewable annually thereafter for four consecutive one-year periods. On June 8,
2011, Council approved Amendment #1 extending the term one year.,
This contract has been used over the past few months for work at both the Sports Village and
Mesa Marin fields that was not contemplated when the contract extension was approved. Due
to these departmental actions it is now necessary to add funding to the contract amount in
order to allow several other City projects to be completed in a timely manner. These projects
include replacement of a water line at the Green Waste facility to meet the dust control
requirements (project estimated at $25,000); landscape improvements for the Water Resources
Department at two water well sites (project estimated at $20,000); additional work to City
softball fields to comply with Amature Softball Association (ASA) standards, Beach Park irrigation
installment in the area vacated by the removal of the concession building and on-call
irrigation/landscaping needs for Parks and Recreation (costs estimated at $85,000).
If approved, Amendment No. 2 will add $130,000 for a revised not to exceed amount of
$354,648.25. Funds are budgeted in the Refuse Fund, the Water Fund and the General Fund
sufficient to cover this proposed contract amendment. Approval of the amendment will allow
the City Departments to continue to meet the City's landscape and irrigation service needs.
Purchasing Division/ch
S:\PURCH\ADMN\Amendments 11-12\AC for Landscaping and Irrigation Services Amendment #2 Agmt. 10-107.docx
December 29, 2011, 11:31 A.M.
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: January 4, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Amendment No. 1 to Agreement No. FD11-028 with Graham Prewett,
Incorporated ($16,125; for a revised not to exceed amount of $41,125) for roof
maintenance at Fire Station #8. (Ward 3)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On November 29, 2011 the City entered into Agreement No. FD11-028 for roof
maintenance at Fire Stations #1, #2 and #8. Amendment No. 1 provides for additional work
needed to repair the roof deck at Fire Station #8. The initial removal of roof decking
components by the Contractor has revealed water damage to sub-decking and roof structure
components due to chronic water intrusion below surface and sub-surface areas. This damage
was unanticipated, and additional work is needed to complete the project. The additional
work in the amount of $16,125 will include the removal of the rotted wood and replacement of
the damaged roof structure.
To alleviate further deterioration and additional costs associated with temporarily securing the
roof against weather conditions, staff has authorized the Contractor to move forward with the
additional roof structure repairs as an emergency measure to minimize damage to City
property.
Staff recommends approval of Amendment No. 1 to add $16,125 to the Agreement for a
revised not to exceed amount of $41,125, to cover the costs associated with this unanticipated
repair.
Funds are available to pay for this amendment within the Capital Outlay Fund from savings
recognized on the recent purchase of breathing apparatus for the Fire Department. There is no
General Fund impact associated with this amendment.
Purchasing DivisionAb
S:\Purch\ADMIN\Admin 11-12\Amendment No. 1 to Agmt. I'D 11-028, Graham Prewett, Inc., January 11, 2012
BA+
ADMINISTRATIVE REPORT
c 'y
t
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: g, Z
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: December 29, 2011
APPROVED
DEPARTMENT HEAD F
CITY ATTORNEY kli-
CITY MANAGER
SUBJECT: Contract Change Order No. 14 to Agreement No. 09-076 with Security Paving
Company, Inc. ($296,759.45; for a revised not to exceed amount of $84,375,656.46)
for the Construction of the Westside Parkway Phase 2 Project (TRIP) (Wards 2, 4 and
5).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This phase of the Westside Parkway Project includes the construction of a 6-lane
freeway from Mohawk Street to Allen Road. Also included in the project is the construction of
interchanges at Mohawk Street, Coffee Road, Calloway Drive and a bridge structure for Jewetta
Avenue (no interchange at this location).
Change Order No. 14 provides for relocating a 12" water line, a low voltage electrical cable, and
a high voltage overhead power line that are in conflict with the construction of the Westside
Parkway. These utilities belong to the Alon-USA (Formerly Big West) Refinery and are located on
property the City bought from the refinery for the Westside Parkway Project. Originally, this
relocation work was going to be performed by Big West contractors at the City's expense.
However, Big West subsequently filed for bankruptcy and consequently could not perform this
work. When Alon-USA purchased the refinery, their management preferred to have the City's
contractor perform this work. This change order results in a net increase of $296,759.45.
Staff recommends approval of Contract Change Order No. 14. Change orders to date, including
this proposed change order, total $7,803,211.39. This is a 10.2% increase over the original contract
amount as illustrated below:
• Original Contract Amount = $ 76,572,445.07
• Previous Change Orders = $ 7,506,451.94
• Current Change Order No. 14 = $ 296,759.45
• Amended Contract Agreement after Change Orders = $ 84,375,656.46
Net Increase to date = $ 7,803,211.39
Most of the added cost for project change orders to date is due to Change Order No. 21 ($5.9
million) which is for the Kern County Water Agency (KCWA) Box Culvert - an item the City was
always paying for, but which was originally to be constructed by the KCWA. Later, after the
Westside Parkway Phase 2 had bid, KCWA management requested that the City construct this
box culvert instead of the KCWA.
Tdw:G:\GROUPDATWDMINRPT\2012\01-11\Admin Rpt CCO 14 WSP-2.docx
m A',
ADMINISTRATIVE REPORT
NO
When the Westside Parkway Phase 2 project was bid, the City was trying to utilize all available
State funding to build the project. This resulted in portions of the project construction bid and
contract award being accomplished with less than final design work completed and as such, a
higher amount of change orders than normally anticipated are expected as the construction
progresses. However, because of the extraordinarily favorable bid climate at the time, the City
was able to extend the project limits from Coffee Road all the way to Allen Road on top of
keeping all the State funding intact. Funds have been budgeted for future potential change
orders. These series of actions have been in the best interest of completing this Project, which is a
critical component of the TRIP program.
Sufficient funds have been previously budgeted to fund this contract change order.
Tdw:G:\GROUPDAT\ADMINRPT\2012\01-11 Wdmin Rpt CCO 14 WSP-2.docx
co A
ADMINISTRATIVE REPORT
~ kw~,ts
LF
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8, QA.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul Rojas, Public Works Director
December 29, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Contract Change Order No. 2 to Agreement No. 11-011 with MGE Underground, Inc.
($57,894.03; for a revised not to exceed amount of $4,702,116.43) for the
Construction of the Westside Parkway Phase 6A Project (TRIP) (Ward 4).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: The Westside Parkway Phase 6A Utility Relocation Project consists of relocating
approximately 3000 feet of 16-inch waterline, about 2800 feet of 36-inch sewer main line, and the
construction of a concrete box culvert for a canal that supplies the Rosedale-Rio Bravo Water
Storage District recharge operations. The project also includes the construction of a detour for
Allen Road in the area of the Westside Parkway. All this work is in preparation for the next phase
of the Westside Parkway, Phase 6B, which is the Allen Road Interchange/bridge which will be
starting construction in the next few weeks.
Change Order No. 2 provides for the construction of six elevated dirt pads to accommodate the
relocation of six PG&E power poles in the construction area. This work had always been planned
to be paid for by the City because these PG&E facilities are within a PG&E-owned easement;
however, the work for relocating these power poles was originally going to be performed entirely
by PG&E forces. In an effort to expedite this relocation and avoid delays with the construction of
the Westside Parkway, PG&E agreed that the City's contractor could perform this part of the
relocation work which will result in reducing what the City will pay PG&E for the relocation. This
change order results in a net increase to the Westside Parkway Phase 6A Contract of $ 57,894.03.
Staff recommends approval of Contract Change Order No. 2. This is a 1.2% increase over the
original contract amount as illustrated below:
Original Contract Amount = $ 4,644,222.40
Current Change Order No. 2 = $ 57,894.03
Amended Contract Agreement after Change Order = $ 4,702,116.43
Net increase to date = $ 57,894.03
Contract Change Order No. 1 is in progress and will be submitted to Council for action at a future
date. Sufficient funds have previously been budgeted to fund this contract change order.
Tdw:G:1GROUPDATWDMINRPT\2012\01-11\Admin Rpt CCO 2 WSP-6A.docx
A
OFD , S
ADMINISTRATIVE REPORT
LIF
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8, b
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 28, 2011
APPROVED
DEPARTMENT HEAD- /71
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order Nos. 1 and 2 to Agreement No. 11-077 with
Granite Construction Company ($106,941.22; revised not to exceed
$1,314,649.22) for the project known as Pavement Rehabilitation 2011
Phase 3: Pacheco Road from Akers Road to Wible Road; and, Pacheco
Road from Hughes Lane to South H Street (Wards 6 and 7).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project provides for the reconstruction of roadway on Pacheco Road
from Akers Road to Wible Road and from Hughes Lane to South H Street.
Contract Change Order No. 1 provides for reconstructing the intersection of Hughes Lane.
Due to favorable bids, there was sufficient funding to extend the project limits to the east side
of Hughes Lane. The contractor has agreed to accept the contract unit prices for this
additional work for a total of $97,124.86.
Contract Change Order No. 2 provides for stabilization of wet and unstable soil found during
construction. This soil needed to be removed and replaced in order to provide a stable
surface for the new roadway. This change order also provides for increases and decreases in
contract item quantities that were necessary in order to construct the project per the plans
and specifications. The total cost of this change order is $9,816.36
The cumulative totals of Contract Change Orders 1 and 2 will increase the project total by
$106,941.22 (which results in a 8.9% increase of the original contract amount) as illustrated
below:
• Original Contract Amount =
• Amended Contract Agreement after Change Orders =
Net Increase to date =
There is no General Fund impact associated with these Change Orders.
$1,207,708.00
$1,314,649.22
$ 106,941.22
RM (Construction)
December 28, 2011, 3:21 PM
G:\GROUPDAT ADMINRPT\2012\01-11\CCO 1 and 2 Pacheco Road Rehabilitation Project.doc
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: S. CG.
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD AA4
DATE: December 21, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Terry Bedford Concrete Construction,
Incorporated (not to exceed $412,900) for the construction of HUD curb and
gutter. (Ward 1, 2)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Invitations to Bid were sent to over two hundred (200) contractors for the
contract for construction of curbs, gutters and sidewalks in the areas of the city receiving HUD
funding. Two bids were received in response to solicitation and are as follows.
The bids submitted are based on an estimated quantity of work multiplied by the contractor's
unit price. Funds are budgeted in the current year Community Development Block Grant
Entitlement for this contract. There is no General Fund impact associated with this contract.
The contract award is for a one year period.
BIDDER AMOUN
Terry Bedford Concrete Construction, Inc. $412,900.00
Bakersfield, CA
Jim Alfter Cement Contractor $428,762.50
Bakersfield, CA
Staff finds the low bid submitted by Terry Bedford Concrete Construction, Inc., Bakersfield, to
be acceptable and recommends approval of contract in the amount of $412,900.
Purchasing Division/kb
S:IPURCHWDMINWdmin 11-12\Contract for HUD-Funded Curb and Gutter, 11-12-48, January 11, 2012.docx
December 21, 2011, 12:07PM
A
° ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8,
TO: Honorable Mayor and City Council
APPROVED
FROM: Dianne Hoover - Recreation and Parks Director DEPARTMENT HEAD
DATE: December 20, 2011
CITY ATTORNEYJ9.L
CITY MANAGER IeS
SUBJECT: Accept bid and award contract to Southern Hemisphere Shades, Inc. for Dr. Martin
Luther King Jr., Jefferson, Planz, and Lowell Parks Playground Shade Structure
projects (Wards 1,247).
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This project includes the provision and installation of fabric shade structures over
existing playground equipment at Dr. Martin Luther King Jr. Park located at1000 South Owens
Street, Jefferson Park located at 801 Bernard Street, Planz Park located at1601 Planz Road, and
Lowell Park located at 800 4th Street. Fabric shade structures can reduce playground
temperatures by 10 to 15 degrees, providing a safe and welcoming environment for play. The
engineer's estimate for this project was $130,000. Funding is available for the Dr. Martin Luther
King Jr., Jefferson, Planz, and Lowell Parks Playground Shade Structure projects within the
Community Development Block Grant Fund. No General Fund monies will be used.
On October 28, 2011, five bids were received; all of those bids are acceptable. Those bids are as
follows:
Southern Hemisphere Shades, Inc.
4212 Roseville Road, Unit G
North Highlands, Ca 95660 Bid in the amount of $74,700.00
Courts and Greens
4039B Welltech Way
Bakersfield, Ca 93308 Bid in the amount of $92,500.00
Community Playgrounds, Inc.
1620 Grant Avenue, Suite 5
Novato, Ca 94945 Bid in the amount of $107,388.00
Fleming Environmental inc.
1372 E. Valencia Drive
Fullerton, Ca 92831 Bid in the amount of $121,000.00
December 20, 2011, 2:01 PM
S:201 1 admin/shade structures
ADMINISTRATIVE REPORT
DMG Construction Inc.
1226 W. Stuart Ave.
Fresno, Ca 93711 Bid in the amount of $123,200.00
Based on funds available, staff recommends acceptance of bid and award of contract to
Southern Hemisphere Shades, Inc.
kt
December 20, 2011, 2:01 PM
S:2011admiNshade structures
PA
h `cam.
ADMINISTRATIVE REPORT
o~~rucdIDMEETING DATE: January 11, 2012 l AGENDA SECTION: Consent Calendar
ITEM: 8. e°C.
TO: Honorable Mayor and City Council APPROVED
FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD
DATE: January 04, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $66,000 County Grant Revenues to the General Fund Police Operating
Budget, to provide funding to deter, investigate, and prosecute real estate fraud
crimes.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
The California Government Code (GC 27388) provides each county with the authority to collect
and establish a Real Estate Fraud Prosecution Trust Fund. The money placed in this trust must be
expended to fund programs to enhance the capacity of local law enforcement and
prosecutors to deter, investigate, and prosecute real estate fraud crimes.
Kern County's Real Estate Fraud Prosecution Trust Fund was established by the Board of
Supervisors on October 30, 2007. The trust is funded by a fee of $2 paid for the recording of
certain real estate instruments, pursuant to GC 27388.
The funds are allocated by the Real Estate Fraud Prosecution Trust Fund Committee, which is
comprised of representatives from the District Attorney's Office, County Administrative Office,
Better Business Bureau, and the chief law enforcement officer of one law enforcement agency
receiving funding from the Trust. The latter is a non-voting member selected to serve a one-year
term, which may be renewed, by a majority of the other three representatives.
On July 5, 2011, the Kern County Board of Supervisors approved the allocation of $66,000 to the
Bakersfield Police Department for the investigation and deterrence of real estate fraud crimes,
from the Real Estate Fraud Prosecution Trust Fund.
The Bakersfield Police Department requests the amount of $66,000 be appropriated to the
General Fund Police Operating Budget.
DWB
Page 1 of 1
u i
,,;'~lfa ADMINISTRATIVE REPORT
. ,C,~1`) Fry? "apn4+nt
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: P. -M
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
APPROVED
DEPARTMENT HEAD
DATE: December 30, 2011 CITY ATTORNEY 1 -
CITY MANAGER ^P
SUBJECT: Appropriate $84,256.00 Fed eral Grant Revenues ( FY201 1-12 Sobriety Checkpoint
Mini-Grant Award from the State Office of Traffic Safety) to the General Fund Police
Operating Budget, to fund overtime for DUI checkpoints in the Traffic Division.
RECOMMENDATION: Staff recommends approval of the appropriation.
BACKGROUND:
On November 28, 2011 the Bakersfield Police Department was notified it was awarded
$84,256.00 from the State Office of Traffic Safety (O.T.S.) for the FY2011-12 Sobriety Checkpoint
Mini-Grant Award.
The goal of the Sobriety Checkpoint Mini-Grant Program for FY201 1-12 is to reduce the number
of victims killed and injured in alcohol-impaired crashes in participating cities. The Bakersfield
Police Department will conduct a total of eight (8) sobriety checkpoints: two checkpoints during
the Winter Holiday Mobilization (12/16/11 through 12/01/12, two checkpoints during the Labor
Day Mobilization (08/17/12 through 09/03/12), and four additional checkpoints outside the
mobilization periods.
The funding source of this award is the National Highway Traffic Safety Administration through
the California Office of Traffic Safety. Therefore, an appropriation of $84,256 Federal Grant
Revenues to the General Fund Police Operating Budget is requested.
DB
Page 1 of 1
A
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 22, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~°cSSUBJECT: Audit Reports to be Referred to Budget and Finance Committee:
1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2011.
2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2011.
3. Single Audit Report - Schedule of Federal Expenditures for the City of Bakersfield for the
fiscal year ended June 30, 2011.
4. Independent Auditors Report - Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2011.
5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2011.
6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice
Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2011.
RECOMMENDATION: Staff recommends referral to the Budget and Finance Committee.
BACKGROUND:
The City's Comprehensive Annual Financial Report (CAFR), commonly referred to as the
Annual Audit Report, for the fiscal year ended June 30, 2011 has been provided to the City
Council as part of the packet for this meeting. A copy of the report will also be on file in the
City Clerk's office for public review. The CAFR represents the City's financial statements as
of June 30, 2011, which are audited by the accounting firm of Brown Armstrong Accountancy
Corporation. The current year audit opinion issued by the outside auditors indicates that the
City complied, in all material respects, with accounting principals generally accepted in the
United States of America.
2. The Agreed Upon Conditions Report is designed to increase efficiency, internal controls
and/or financial reporting. The current report has one reportable condition, which pertains to a
minor variance in the way our accounting software distributes costs of purchase order line
items that have multiple funding sources being charged to multiple project numbers. The
S:1AdminlAdmin Reporte12011 CAFR refer to bud.doc December 21, 2011, 11:40AM
A
ADMINISTRATIVE REPORT
City's software vendor has been made aware of the minor irregularity and is working on a
program correction. In the interim, staff has implemented an additional procedure to manually
review these special transactions to ensure any system generated variances are discovered
and corrected.
The report also addresses three conditions identified in the prior year which have all been
resolved to the auditors' satisfaction.
3. Attached is a draft of the City's Single Audit Report for the fiscal year ended June 30, 2011.
The Single Audit Report pertains to federal program monies expended by the City during the
specified fiscal year. An Independent Audit is performed annually to review internal control
procedures and compliance with federal guidelines in accordance with Office of Management
& Budget (OMB) Circular A-133. This annual audit was performed by Brown Armstrong
Accountancy Corporation as part of their contract to provide auditing services to the City of
Bakersfield. The current compliance report issued by the outside auditors indicates that the
City complied, in all material respects, with federal program guidelines. We expect the final
report to be available for the January 2012 Budget and Finance Committee meeting.
4. Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by
Agreements 76-153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operations of the
Bakersfield Sub-regional Wastewater management Plan. The City's compliance with contract
requirements is audited on an annual basis. The current Compliance Report, issued by the
outside auditors, is attached for your review and indicates that there were no audit findings.
5. Attached is a letter from the City's independent auditors Brown Armstrong Accountancy
Corporation indicating they have completed their annual review of the Appropriations Limit
Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the
California Constitution (GANN Limit). This annual review is performed by the auditors as part
of their contract to provide auditing services to the City of Bakersfield. The agreed upon
review procedures are substantially less in scope than an audit and therefore no audit opinion
is expressed regarding the calculation.
6. Attached is the independent audit report for the Rabobank Arena, Theater, Convention
Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre, for the fiscal
year ended June 30, 2011. This audit report presents the financial statements for this
operational unit as of June 30, 2011. The City is under contract with SMG to manage the
Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse
Networks Amphitheatre facilities. As part of the agreement, SMG is required to submit an
independent audit report to the City after the end of each fiscal year. This audit report was
prepared by the accounting firm of Barbich, Longcrier, Hooper 8t King.
S:%dmin\Admin Reports\2011 CAFR refer to bud.doc December 21, 2011, 11 40AM
A
OF m c■r RS
ADMINISTRATIVE REPORT
1
cq IY A
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8. VIV%.
TO: Honorable Mayor and City Council
FROM: Dianne Hoover, Director of Recreation & Parks
DATE: December 20, 2011
APPROVED
DEPARTMENT HEADW- 14
CITY ATTORNEY 7 _
CITY MANAGER A
SUBJECT: Review and acceptance of the Fiscal Year 2010-2011 Annual Compliance Report
for Park Impact Fees prepared in accordance with California Government Code
§66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Park Impact Fees for the
fiscal year ended June 30, 2011 prepared in accordance with California Government Code
§ 66006.
On November 7, 1990, Council adopted a park development and improvement fee program for
the purposes of developing and improving parks and recreational facilities serving the residential
development within the City of Bakersfield. Fees are collected based on the development's
share of cost to develop, improve, construct or enhance a public park.
On April 19, 1995, Council established an orderly process for the dedication, reservation and
acquisition of park land within the city for the purpose of supplying public parks and recreation
facilities. The sub divider shall dedicate, reserve land, pay a fee in-lieu, or a combination thereof,
at the option of the Advisory Agency, for park or recreational purposes.
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report provides this information.
The Annual Compliance Report was made available to the public on December 14, 2011.
jln
S:\ADMINISTRATION DIVISION\Admin Rpts\201 1 Admins\AB 1600 - acceptance.doc
`,ytp AR,
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: j j
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 21, 2011
Review and acceptance of the Fiscal Year 2010-2011 Annual Compliance Report
for Bridge Crossing and Major Thoroughfare Fees prepared in accordance with
California Government Code §66006. (Wards 3 & 6)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY p~
CITY MANAGER
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Bridge Crossing and Major
Thoroughfare Fees for the fiscal year ended June 30, 2011 prepared in accordance with
California Government Code §66006.
A local ordinance may require the payment of a fee as a condition of approval of a final map or
as a condition of issuing a building permit for purposes of defraying the actual or estimated cost
of constructing bridges over waterways, railways, freeways, and canyons, or constructing major
thoroughfares (GC §66484).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 14, 2011.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\GR0UPDAT\ADMINRPT\2012\01-11\MBTA Compliance Report admin.docx
A
OFy ro~+r
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: B '
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 21, 2011
SUBJECT: Review and acceptance of the Fiscal
for Planned Drainage Area Fees
Government Code §66006. (All wards)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Year 2010-2011 Annual Compliance Report
prepared in accordance with California
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Planned Drainage Area Fees
for the fiscal year ended June 30, 2011 prepared in accordance with California Government
Code §66006.
There may be imposed by local ordinance a requirement for the payment of fees for purposes of
defraying the actual or estimated costs of constructing planned drainage facilities for the
removal of surface and storm waters from local or neighborhood drainage areas (GC §66483).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 14, 2011.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\GR0UPDAT\ADMINRPT\2012\01-11\PDA Compliance Report admin.docx
F A±
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: g, la.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 21, 2011
APPROVED
DEPARTMENT HEAD 10 -
CITY ATTORNEY
CITY MANAGER
SUBJECT: Review and acceptance of the Fiscal Year 2010-2011 Annual Compliance Report
for Planned Sewer Area Fees prepared in accordance with California Government
Code §66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Planned Sewer Area Fees for
the fiscal year ended June 30, 2011 prepared in accordance with California Government Code
§ 66006.
There may be imposed by local ordinance a requirement for the payment of fees for purposes of
defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local
sanitary sewer areas (GC §66483).
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 14, 2011.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\GR0UPDAT\ADMINRPT\2012\01-11\PSA Compliance Report admin.docx
A
~.f
ADMINISTRATIVE REPORT
1
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar
ITEM: S. I(.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: December 21, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY_
CITY MANAGER
SUBJECT: Review and acceptance of the Fiscal Year 2010-2011 Annual Compliance Report
for Transportation Impact Fees prepared in accordance with California
Government Code §66006. (All wards)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Attached is the City's annual compliance report for Transportation Impact Fees
for the fiscal year ended June 30, 2011 prepared in accordance with California Government
Code §66006.
In April 1992, Council adopted a transportation impact fee program to fund improvements to the
Metropolitan Bakersfield transportation system necessary to accommodate future growth. In
January 1997, Council adopted Phase II of this program, which was designed to fund more
projects and eliminate the need for developers to provide transportation impact studies for most
projects. In September 2003, Council adopted Phase III of this program with the intent of
updating the program and encouraging in-fill development by creating a Core and Non-Core
area within the Metropolitan Bakersfield General Plan limits including individual fee structures for
the respective areas. In July 2009, Council approved Phase IV of this program which adopted a
regional program and projects development through 2035.
Government Code Section 66006 requires that the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public specific information as outlined in this
Code Section. The attached Annual Compliance Report was made available to the public on
December 14, 2011.
Pursuant to Government Code Section 66006, a local agency shall review the information made
available to the public at the next regularly scheduled public meeting but not less than 15 days
after this information is made available to the public.
ps
G:\GR0UPDAT\ADMINRPT\2012\01-1 l\TIF Compliance Report admin.docx
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar - Hearings
ITEM: q, q,
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: December 9, 2011
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ' CITY MANAGER S
A
SUBJECT: Public hearing and adoption of resolution making findings and updating the
Capital Improvement Plan for the existing Metropolitan Bakersfield Habitat
Conservation Plan. (Wards 1-7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This report constitutes the annual review and update of the Capital Improvement Plan (CIP) for
the existing Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) in accordance with
California Government Code Section 66002.
The MBHCP is a joint-administered plan by both the City and County of Kern. The City Council
initially approved the MBHCP on August 25, 1993. Following final approval by the California
Department of Fish and Game and the U.S. Fish & Wildlife Service, the MBHCP became
operational in August 1994. The plan and related permit terminate on August 24, 2014. The
preparation of the MBHCP and the protection afforded by it was undertaken to provide a means
for individuals and developers in the metropolitan Bakersfield area to avoid costly project-
specific mitigation in complying with State and Federal Endangered Species Acts. The plan
describes the estimated costs of the program and indicates the extent and types of facilities
(land) to be acquired with the funding source. They also serve as the CIP for the MBHCP. The
program is self-supporting and requires no support funds from the City or County.
Developers currently pay a $2,145 per acre mitigation fee at grading plan approval to
compensate for direct and indirect impacts on endangered species habitat from urban
development. These funds are used to purchase and manage habitat lands consistent with the
City's implementing agreement with the U.S. Fish and Wildlife Service and California Department
of Fish and Game. This fee also covers program administration, endowments for fencing, and
maintenance that are tied to the automatic cost-of-living raises by the State.
The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers
agreement between the City of Bakersfield and Kern County. The trust group is comprised of
ADMINISTRATIVE REPORT Paget
representatives from both the City and County, advisory members from the California
Department of Fish and Game and the U.S. Fish and Wildlife Service, and includes an at-large
public member.
The CIP, under the Trust Group's administration, has operated successfully in meeting the
program's obligations under the terms of the agreement with the California Department of Fish
and Game and the U.S. Fish and Wildlife Service. So far over 21,047 acres of endangered species
habitat land have been credited to implementation of the MBHCP. The program has acted to
acquire almost 2,000 acres of habitat mitigation land in 2011. This places us ahead of the "take"
as required by Federal and State law and the agreement. Therefore, no changes to the CIP are
recommended and this update is a confirmation of the present plan. Staff will continue to
monitor the adequacy of the CIP to ensure that the program meets its obligations.
The Kern County Board of Supervisors is scheduled to adopt a resolution confirming the current
CIP on January 10, 2012. Staff has determined that the annual update of the MBHCP CIP is
categorically exempt from the requirement for preparation of environmental documents
pursuant to Section 15308 of the State CEQA Guidelines. Staff recommends adoption of the
resolution updating the CIP for the MBHCP.
cg\ S:\HCP\cap imprv\2012\Adm rept-2011 hcpcip.doc
A
of E
ADMINISTRATIVE REPORT
L~
MEETING DATE: January 11, 2012 AGENDA SECTION: Consent Calendar - Hearings
ITEM: C1 - 6.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jim Eggert, Planning Director
December 20, 2011
Public hearing and adoption of an ordinance amending Chapter 1.12 revising
the boundaries of City Council Wards 1 through 7. (all Wards)
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of this ordinance was given on December 14, 2011.
The public hearing on this item was continued from the meetings of October 19th and
November 16th and December 14th, 2011. The first continuance allowed the City Attorney
time to review and provide information about consistency with the Federal Voting Rights Act,
and for Staff to provide map options to address comments made by Vice Mayor Couch
regarding Wards 3, 4 and 5, and comments made by Mr. Marvin Dean concerning Ward 1.
At the November meeting, staff provided two additional maps. The first was a new concept
map based on Concept 1 (Concept 1 A) that made minor modifications to Wards 3, 4 and 5
so that an area near Stockdale Highway and Allen Road could remain in Ward 4.
The second was an informational map that showed the effect of retaining the area
southeast of California and Chester Avenues within Ward 1. Public comments supported this
change, which was also supported by a majority of Councilmembers. However, since other
modifications to balance Ward populations were not preferred, staff was given direction to
produce an option that included changes proposed in Concept 1 A for Wards 3, 4 and 5,
leaving the area southeast of California and Chester Avenues within Ward 1, and
modifying/rebalancing populations in Wards 1, 2, 6 and 7 based on Councilmember
comments.
Concept 6 is a result of those efforts, which was presented at the December 14th hearing. It
includes the proposed changes from Concept 1 A to Wards 3, 4 and 5 by retaining the area
around Stockdale Hwy and Allen Road within Ward 4, adds to Ward 3 an area north of Olive
Dr. east of the Friant-Kern canal, and adds to Ward 5 the area southwest of Buena Vista
Road and Ming Avenue.
ADMINISTRATIVE REPORT
Page 2
Regarding the issue to keep the area southeast of Chester and California Avenues within
Ward 1, Concept 6 retains the existing boundary between Wards 1 and 2 north of State
Route 58. The population in Ward 2 was re-balanced by including a small area between SR
58 and Belle Terrace west of Chester Avenue/Kern Island Canal from Ward 1, and adding an
area between Stockdale Hwy and Nordic Drive east of New Stine Road from Ward 6. Lastly,
alterations based on Concept 1 were made between Wards 1 and 7 south of SR 58 to have
the boundary follow South H Street and Monitor Street.
The following table shows the population breakdown of the existing Ward populations with
proposed Concept 6.
WARD 1
WARD 2
WARD 3
WARD 4
-WARD 5
WARD 6
WARD 7
TOTAL
CURRENT WARDS
CONCEPT 6
TOTAL
OVER/UNDER
TOTAL
OVER/UNDER
POPULATION
AVERAGE
POPULATION
AVERAGE
51,283
1,643
3:31%
52,245
2,605-:1
5.25%
40,123
-9,517: -
-
19.17%
47,124
-2,516 :
-----------------i-----
-5.07%
44,814
-4,826 ;
-9.72%
51,182
12542 ;
3-.-1-1%-
57,864
8,224 ;
16.57%
48,635
-1,005 ;
-2.02%
46,177
-3,463 ;
-6.98%
48,016
-1,624 ;
-3.27%
-------50,105------
-----------465 i-------0.94%-
47,970-----
---------1,670
-=3.36%_
-------57,117------
7,477-;---
15.06%q-
52,311-----
2,671--~-----
5.38%_
347,483
347,483
Average Ward population = 49,640
Reapportionment of the Ward boundaries is to accomplish equality of population, as closely
as possible, to ensure adherence to the one-person, one-vote doctrine. Deviation from the
average population for each Ward is acceptable if reasonably based upon certain criteria
(ie. topography; geography; cohesiveness, contiguity, integrity, and compactness of Ward
territory; and community interests within the Ward). Case law has established that as a
general rule, a deviation of 0 - 5% is construed as very reasonable; a deviation of up to 10%
can occur without formal justification; a deviation of 10% - 16.4% can occur only if formal
justification based on the criteria is established, and a deviation above 16.4% is intolerable.
In the event any challenge to a reapportionment is filed, the City Council's adoption of
legislative findings regarding criteria used to establish the reapportionment would be
extremely beneficial to support a defense. Such findings, when combined with existing case
law, would provide a position that a deviation of 0 - 5% would be very defensible. As the
deviation increases, the potential for challenge increases.
First reading of the ordinance amending the Ward boundaries as proposed in Concept 6
was given December 14, 2011. This concept achieves a population deviation within the 5%
threshold (using standard rounding), it addresses the issues of Ward 1 residents that were
brought forth during the public hearings (letters of support were received), includes changes
recommended by Councilmembers based on Concepts 1 and 1 A, and is compliant with the
Federal Voting Rights Act. Therefore, Staff recommends adoption of the ordinance.
JE: s:\dana\admins\2012\jan\1-11 reapportionment public hearing - adoption.doc
U
T A
ADMINISTRATIVE REPORT
MEETING DATE January 11, 2012 AGENDA SECTION: Closed Session
ITEM: 10.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: December 12, 201 1 CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Initiation of Litigation
Closed session pursuant to subdivision (c) of Government Code section 54956.9
(One potential case).
VG/JHR:Isc
S:\COUNCIL\CI Sess\Adm1ns\11-12\1-11-121nit 1t.docx
( L)
9
ADMINISTRATIVE REPORT
MEETING DATE January 11, 2012 AGENDA SECTION: Closed Session
ITEM: 1 0.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: January 3, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b) (3) (A) of Government Code section
54956.9 (one matter).
VG:Isc
S:\COUNCIL\CI Sess\Admins\11-12\1-11-12POLlt.docx
ADMINISTRATIVE REPORT
MEETING DATE January 11, 2012 AGENDA SECTION: Closed Session
ITEM: 10 - C.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 6--
DATE: December 6, 2011 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Employee Performance Evaluation - City Attorney
Closed session pursuant to Government Code section 54957(b) (1) / 54957.6.
VG:Isc
S:\COUNCII\CI Sess\Admins\1 1-12\1-1 1-12Eval-CA.docx
A
O~yeovu ,ra S
U ~ C
ADMINISTRATIVE REPORT
C + Y IL
MEETING DATE: January 11, 2012 AGENDA SECTION: Reports
ITEM: 13, A.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
January 5, 2012
California Supreme Court Decision Regarding Dissolution of Redevelopment
Agencies:
1) A Resolution determining that the City of Bakersfield elects to, and shall, serve as
the successor agency to the dissolved Bakersfield Redevelopment Agency
pursuant to Health and Safety Code Section 34173.
2) A Resolution determining that the City of Bakersfield shall retain the housing
assets and functions of the dissolved Bakersfield Redevelopment Agency pursuant
to Health and Safety Code § 34176.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER P~
RECOMMENDATION:
1) Staff recommends adoption of the Resolution for City Council to serve as successor agency of
the Bakersfield Redevelopment and direct the City Clerk to file Resolution with the County
Auditor - Controller as required by the State of California Dissolution Act ABxI 26.
2) Staff recommends adoption of the Resolution for City Council to retain the housing assets and
functions of the Bakersfield Redevelopment Agency and direct the City Clerk to file Resolution
with the County Auditor- Controller as required by the State of California Dissolution Act ABxI 26.
BACKGROUND:
The Supreme Court delivered its decision in the California Redevelopment Association v
Matosantos case, finding the Dissolution Act ABxI 26 constitutional and ABxI 27 unconstitutional.
The Court's decision means that all Redevelopment Agencies will be dissolved under the
constitutional Dissolution Act and none will have the opportunity to opt into continued existence
under the unconstitutional Alternative Redevelopment Program Act. The court also determined
to push back several deadlines in the Dissolution Act arising prior to May 1, 2012.
The Dissolution Act continues the suspension and prohibition of most redevelopment activities in
effect since late June 2011. The act dissolves Redevelopment Agencies as of February 1, 2012
(the new dissolution date established by the Supreme Court). It creates Successor Agencies and
Oversight Boards to continue to satisfy enforceable obligations of each former Redevelopment
S:\Admins\City Council\City Council Admins 2012\Successor Agency.Doc
January 5, 2012 8:31 AM
DK
ADMINISTRATIVE REPORT Page 2
Agency, and administer the dissolution and wind down each dissolved Redevelopment Agency
It establishes roles for the County Auditor- Controller, the department of Finance and the State
Controller's Office in the dissolution process and satisfaction of enforceable obligations of former
Redevelopment Agencies.
The Successor Agency's liability for serving in this capacity is expressly limited in AB1x26 [Health &
Safety Code Section 34173(e)] to the property tax increment the Successor Agency receives to
pay enforceable obligations and the value of any RDA assets transferred to it, so the City's
general funds and other funds are not at risk if the City elects to be the Successor Agency to the
dissolved RDA.
Any measure of control by the City of dissolution process would be significantly lessened, if not
eliminated if the City is not the Successor Agency. This would include lack of control over the
schedule that contains all of the Redevelopment Agency's financial obligations and it would not
be the entity that has interaction with the Oversight Board.
All Redevelopment Agencies will be dissolved and their Successor Agencies will begin to function
on February 1, 2012. Until February 1, 2012, a Redevelopment Agency is authorized to make
scheduled payments on and perform obligations required under its "Enforceable Obligations,"
which include:
• Bonds
• Loans
• Payments required for employee payrolls and pension obligations
• Judgments or settlements
• Legally binding and enforceable agreements
• Contracts for administration or operation
• Set Aside reserves required for bonds
• Preservation of all assets and records and minimize Redevelopment Agency obligations
and liabilities
• Cooperate with its Successor Agency and auditing entities
• Avoid triggering defaults under Enforceable Obligations
Successor Agency
A Successor Agency will be the Sponsoring Community of the Redevelopment Agency unless it
elects not to serve in that capacity. In that case, the Successor Agency will be the first taxing
entity submitting to the County Auditor -Controller a duly adopted resolution electing to become
the Successor Agency. A Sponsoring Community needs to adopt a resolution indicating a clear
statement of intent to become the Successor Agency and deliver it to the County Auditor-
Controller no later than January 13, 2012.
The Successor Agency will be monitored by the Oversight Board. All Redevelopment Agency
assets, properties, contracts, leases, records, buildings and equipment would be transferred to
the control of the Successor Agency, except for affordable housing assets.
The Sponsoring Community may also elect to assume the housing functions and take over the
assets of the former Redevelopment Agency, excluding amounts in the Redevelopment
Agency's Housing fund, thereby becoming a "Successor Housing Agency" to the former
S:\Admins\City Council\City Council Admins 2012\Successor Agency.doc
1/5/2012 8:31 AM
DK
ADMINISTRATIVE REPORT
Page 3
Redevelopment Agency. A Resolution is also required to that effect by January 13, 2012. If the
Sponsoring Community does not elect to become the Successor Housing Agency, such housing
functions and all related assets will be transferred to the local housing authority.
The Successor Agency is required to make payments and perform other obligations due for
"Enforceable Obligations" of the former Redevelopment Agency. A Successor Agency is
required to prepare a Recognized Obligation Payment Schedule for each six month period of
each fiscal year, including identifying the funding source.
Activities of the Successor Agency include:
• Dispose of the former Redevelopment Agency's Assets in a timely manner aimed at
maximizing value. The proceeds are turned over to the Auditor-Controller to distribute as
normal property tax proceeds.
• Effectuate the transfer of housing functions to the Successor Housing Agency.
• Wind down all other affairs of the former redevelopment Agency
• Prepare administrative budgets for Oversight Board approval and pay administrative
costs. Administrative costs will be an amount up to 5% of the property tax allocated to the
Successor Agency for FYI 1/12 and up to 3% each succeeding fiscal year but shall not be
less than $250,000 for any fiscal year subject to the Oversight Board approval.
Oversight Board
The Oversight Board is intended to supervise the activities of the Successor Agency. It has a
fiduciary responsibility to the taxing entities that benefit from distributions of property tax and
other revenue. The Oversight Board consists of the following membership appointed by the
following:
• County Board of Supervisors (2 members)
• Mayor (1 member)
• County Superintendent of Education (1 member)
• Chancellor of California Community Colleges (1 member)
• Largest special district taxing entity (1 member); and
• RDA employee appointed by the Mayor (1 member)
The Oversight Board membership must be completed by May 1, 2012.
The actions of the Oversight Board will in turn be overseen by the Director of the Department of
Finance and may be subject to disapproval or modification.
In addition to the Oversight Board, many new accounting and audit functions will be assigned to
the County Auditor-Controller. Most importantly the Auditor will establish a Trust Fund for each
former Redevelopment Agency and will deposit the monies that previously went to the
Redevelopment Agency. The Auditor-Controller will release funds to the Successor Agency to
enable the Successor Agency to pay enforceable obligations, including bonds and
administrative costs. Remaining funds in the Trust Fund will be allocated to school entities and
other local taxing entities the same as property taxes.
A Key Milestones Chart for implementation of the Dissolution Act is attached.
S:\Admins\City Council\City Council Admins 2012\Successor Agency.doc
1/5/2012 8:31 AM
DK
MEETING DATE: January 11, 2012 AGENDA SECTION: Reports
ITEM: 13,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
December 28, 2011
Thomas Roads Improvement Program (TRIP) Update (Various Wards)
APPROVED
DEPARTMENT HEAD LLA
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Staff will provide a brief update on TRIP and in particular, on the Rosedale
Highway Widening Project for which the Draft Environmental Document is currently being
circulated for public comment.
Tdw; G:\GROUPDAT\ADMINRPT\2012\01-11 \TRIP Update Admin.docx
MEETING DATE: January 11, 2012 AGENDA SECTION: NEW BUSINESS
ITEM: 15. 0.,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: December 15, 2011
CITY MANAGER k'J
APPROVED
DEPARTMENT HEAD /✓CITY ATTORNEY
SUBJECT: Resolution authorizing the issuance and sale of not to exceed $25 million in
aggregate principal amount of City of Bakersfield, California Wastewater Revenue
Refunding Bonds Series 2012A; approving a third supplemental trust indenture, a
remarketing agreement, a standby bond purchase agreement, an official
statement, a bond purchase agreement, an escrow agreement, and a
continuing disclosure certificate and authorizing and directing additional actions
in connection with the issuance of the Revenue Refunding Bonds.
RECOMMENDATION: Staff recommends approval of the Resolution.
BACKGROUND: Staff provided a report to the Budget and Finance Committee at their
September 26, 2011 meeting regarding the current status of the Wastewater Revenue Bond
(Series 2007B) variable rate debt.
The City Council took action at their October 19, 2011 meeting to authorize a partial bond
call of the variable rate debt and to pursue replacement of the current liquidity provider for
the estimated $25 million of remaining variable rate debt.
Staff worked with our bond consultants and solicited proposals from Banks to replace our
current liquidity provider. Three proposals were received and evaluated, with J P Morgan
Chase Bank, National Association being selected as the best overall proposal to provide the
City with the required liquidity services for the remaining variable rate debt.
In order to complete the changeover of liquidity providers, the remainder of the outstanding
Series 20078 variable rate bonds need to be "refunded" and re-issued under new legal
documents. Adoption of the above Resolution and related documents provides for the
completion of this debt refunding process.
The Resolution is provided in its entirety for your review. The other documents referenced are
too voluminous to reproduce in your packets, but a full set of documents are available for
review in the City Clerks' Office for public review prior to the meeting date.
No new debt is being incurred. The legal fees and other costs associated with this refunding
were approved by budgetary actions taken at the October 19, 2011 meeting.
nks
SAAdminWdmin reports\Admin - wastewater variable rate bond actions october 2011.doc
Sept. 15, 2011
4826-0198-1440.2
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 14, 2011
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Couch,
Councilmembers Salas, Benham (seated
at 6:05 P.M.), Weir, Hanson, Sullivan
(seated at 5:25 p.m.) Johnson
Absent: None
City Clerk Gafford announced staff has requested that
Consent Calendar items 9.j. and 9.u. be pulled from the
agenda.
2. INVOCATION by Pastor Mark Ariey, Lutheran Church of
Prayer.
3. PLEDGE OF ALLEGIANCE by Laura Heinemann, 2nd
grade student at St. John's Lutheran School.
Mayor Hall acknowledged the students from the Ridgeview
High School Government class in attendance at the meeting
to learn about City government.
City Manager Tandy introduced Scott Neal, the new general
manager of the Rabobank Arena, Theater, and Convention
Center, for SMG.
General Manager Neal made comments.
4. PRESENTATIONS
a. Proclamation by City Council to Mayor Harvey
Hall declaring December 14, 2011, as
Harvey L. Hall Day.
ACTION TAKEN
Mayor Hall accepted the Proclamation in recognition
of being awarded the "Iron Eyes Cody Award" and
made comments.
Bakersfield, California, December 14, 2011 - Page 2
5. PUBLIC STATEMENTS
a. Aaron Gundry-Monji, with Monji Landscape
Companies, spoke regarding green design and
their living building.
b. Liz Keogh spoke regarding the contract for
animal sheltering and submitted written
material.
C. Stephanie Campbell spoke regarding the
upcoming annual Martin Luther King, Jr.,
Breakfast and events on January 16, 2012, and
submitted written material.
6. WORKSHOPS
a. Sports Village Phase I and Phase II naming rights
agreement with State Farm® for $500,000 for a
five year term.
Recreation and Parks Director Hoover made
staff comments, and introduced David
Hernandez, Vice-President of Operations for
State Farm Insurance, who made comments.
ACTION TAKEN
Motion by Councilmember Sullivan to approve APPROVED
the naming rights agreement with State Farm® AS BENHAM
for Sports Village Phase 1 and Phase ll and
accept the terms of the agreement as
presented.
Mayor Hall joined Recreation and Parks Director
Hoover and Mr. Hernandez at the podium for
a check presentation by State Farm.
b. PG&E presentation regarding Plans for
the Kern Power Plant.
Cynthia Pollard, Manager of Government
Relations for PG&E, provided an update on
their plans for cleaning up the Kern Power Plant.
Vice-Mayor Couch thanked Ms. Pollard for her
presentation, and staff for their work on this
matter.
Vice-Mayor Couch asked staff to provide a
quarterly update on the progress of the
cleanup.
Bakersfield, California, December 14, 2011 - Page 3
8.
City Clerk Gafford announced Councilmember ACTION TAKEN
Benham had requested that Item 8., Appointments,
be moved forward at this time.
APPOINTMENTS
a. One appointment to the Kern Mosquito and
Vector Control District, due to the expiration
term of Morris Mahlmann, whose term expires
December 31, 2011.
There were three applicants: incumbent Morris
Mahlmann, Richard Schwartz, and Jim Wertz;
therefore, ballots were used.
Ward 1
Mahlmann
Ward 2
Absent
Ward 3
Schwartz
Ward 4
Mahlmann
Ward 5
Schwartz
Ward 6
Mahlmann
Ward 7
Schwartz
Mayor Hall voted to break the tie; he voted for
Mahlmann.
Motion by Vice-Mayor Couch to reappoint APPROVED
Morris Mahlmann to a 2-year term on the Kern AB BENHAM
Mosquito and Vector Control District Board.
b. One appointment to the Fire Civil Service
Board, due to the expiration of term of
Dr. Ronald Eaves, whose term expires
December 31, 2011.
There were five applicants: incumbent Ronald
Eaves, Henry Castaneda, Roy Malahowski,
Glenn Porter, and Murray Tragish; therefore,
ballots were used.
Ward 1
Castaneda
Ward 2
Absent
Ward 3
Eaves
Ward 4
Eaves
Ward 5
Eaves
Ward 6
Eaves
Ward 7
Eaves
Motion by Vice-Mayor Couch to reappoint APPROVED
Ronald Eaves to a 3-year term on the Fire Civil AB BENHAM
Service Board.
Bakersfield, California, December 14, 2011 - Page 4
S.
APPOINTMENTS continued
c. Three appointments to the Miscellaneous Civil
Service Board due, to the resignation of Percy
A. Robinson whose term expires December 31,
2013 and the expiration of terms of Tom Dorlis
and Gregory Klimko, whose terms expire
December 31, 2011.
ACTION TAKEN
There were eight applicants: incumbent Tom
Dorlis, incumbent Gregory Klimko, Henry
Castaneda, Roy Malahowski, Margaret Pyles,
Mandeep Singh, Murray Tragish, and James
Williams; therefore, ballots were used.
Ward 1
Singh
Ward 2
Absent
Ward 3
Dorlis
Ward 4
Dorlis
Ward 5
Dorlis
Ward 6
Dorlis
Ward 7
Singh
Motion by Vice-Mayor Couch to reappoint Tom
Dorlis to a 3-year term on the Miscellaneous
Civil Service Board.
Ward 1
Singh
Ward 2
Absent
Ward 3
Klimko
Ward 4
Klimko
Ward 5
Klimko
Ward 6
Klimko
Ward 7
Singh
Motion by Vice-Mayor Couch to reappoint
Gregory Kllmko to a 3-year term on the
Miscellaneous Civil Service Board.
Ward 1
Singh
Ward 2
Absent
Ward 3
Castaneda
Ward 4
Tragish
Ward 5
Tragish
Ward 6
Singh
Ward 7
Tragish
Motion by Vice-Mayor Couch to appoint
Murray Tragish to t111 the unexpired term of Percy
A. Robinson, whose term expires on
December 31, 2013, on the Miscellaneous Civil
Service Board.
APPROVED
AB BENHAM
APPROVED
AB BENHAM
APPROVED
AB BENHAM
Bakersfield, California, December 14, 2011 - Page 5
8.
APPOINTMENTS continued ACTION TAKEN
d. One appointment to the Police Civil Service
Board, due to the expiration of term of
Kenneth E. Vetter, whose term expires
December 31, 2011.
There were six applicants: incumbent Kenneth
Vetter, Henry Castaneda, Roy Malahowski,
Glenn Porter, Murray Tragish, and James
Williams; therefore, ballots were used.
Ward 1
Vetter
Ward 2
Absent
Ward 3
Vetter
Ward 4
Vetter
Ward 5
Vetter
Ward 6
Vetter
Ward 7
Vetter
Motion by Vice-Mayor Couch to reappoint APPROVED
Kenneth E. Vetter to a 3-year term on the AB BENHAM
Police Civil Service Board.
e. One appointment to the North of the River
Recreation and Park District, due to the
expiration of term of Stuart Patteson, whose
term expires December 31, 2011.
One application was received from incumbent
Stuart Patteson; therefore, ballots were not
necessary.
Motion by Vice-Mayor Couch to reappoint APPROVED
Stuart Patteson to a 4-year term on the North of AB BENHAM
the River Recreation and Park District Board.
7.
Councilmember Benham arrived at the meeting at
6:05 p.m.
HEARINGS
a. Public Hearing to consider Resolution in RES 119-11
Opposition to the High Speed Rail Project, as
currently proposed.
Motion by Vice-Mayor Couch to allow 30 minutes for APPROVED
each side to speak on this Item.
Bakersfield, California, December 14, 2011 - Page 6
7. HEARINGS continued
Item 7.a. continued
City Manager Tandy made staff comments and
recommended adoption of the Resolution
opposing the current project as proposed in its
entirety.
City Clerk Gafford announced that three
phone calls were received in opposition to the
high speed rail; and that staff has provided a
memorandum amending the Resolution.
Hearing opened at 6:27 p.m.
The following individuals spoke in opposition to
the staff recommendation: Lance Simmons,
Deputy Director of Communications for the
California High Speed Rail Authority; Arthur
Unger (submitted written material); Marvin
Dean (submitted written material); Larry
Fredeen; and John Spaulding, representing the
Kern, Inyo and Mono Counties Building and
Construction Trades Council.
The following individuals spoke in support of the
staff recommendation: Jeff Taylor, Co-Founder
and Chairman of the Save Bakersfield
Committee; Dr. Girish Patel; Anil Mehta,
Co-Founder of the Save Bakersfield Committee;
Bill Descary (submitted written material); William
Davis, with the Tea Party of Bakersfield; Richard
Holdcraft, with the Bakersfield Tea Party; Rob
Foster, a senior at Bethel Christian School; Bill
Lynde, with the Bakersfield Tea Party; Austin
Lewis; Betsy Ramsey, on behalf of Assemblyman
David Valadao (submitted written material);
Dr. Sung Jung; Heather Herndon, representing
World Oil; Tom Kuekes; Graham Kaye-Eddie
(submitted written material); Allen Scott,
representing Citizens for California High Speed
Rail Accountability, Kings County; Aaron
Fukuda, Co-Founder of Citizens for California
High Speed Rail Accountability; and Richard
Valle, Kings County Supervisor, District 2.
No one spoke in rebuttal.
ACTION TAKEN
Hearing closed at 7:44 p.m.
Bakersfield, California, December 14, 2011 - Page 7
7. HEARINGS continued
Item 7.a. continued
Councilmembers Johnson and Hanson
indicated that they would support the staff
recommendation.
Councllmember Weir made a motion to adopt
the staff recommendation.
Councilmember Benham advised she would
not be supporting the resolution.
Councilmembers Sullivan and Salas indicated
they would support the staff recommendation.
Vice-Mayor Couch advised he was In support
of the staff recommendation; however, if this
resolution proves to be Ineffective, he
requested the City of Bakersfield continue to be
at the table and work professionally with the
High Speed Rall Authority to get the best result
possible if the project continues.
ACTION TAKEN
Motion by Councilmember Weir to adopt the APPROVED
Resolution, and Incorporating the NOES BENHAM
December 14th memorandum amending the
Resolution In Opposition to the High Speed Rall
Project, as currently proposed.
Recess taken from 8:09 p.m. to 8:19 p.m.
b. Public Hearing and First Reading of an FR
Ordinance amending Chapter 1.12 of the
Municipal Code revising the boundaries of City
Council Wards 1 through 7. (Hearing opened b
continued at meetings 9/28/11,10/19/11 3
11/16/11)
City Clerk Gafford announced that
correspondence was received in support of
Concept 6.
Planning Director Eggert made staff comments,
provided a PowerPoint presentation, and
recommended approval of Concept 6 and First
Reading of the Ordinance.
Hearing opened at 8:23 p.m.
Bakersfield, California, December 14, 2011 - Page 8
7. HEARINGS continued ACTION TAKEN
Item 7.b. continued
No one spoke in opposition to the staff
recommendation.
Irma Carson, Wesley Crawford, and Marvin
Dean spoke in support of the staff
recommendation.
Hearing closed at 8:27 p.m.
Motion by Councllmember Salas to approve APPROVED
staff's recommendation and First Reading of the
Ordinance.
9. CONSENT CALENDAR
City Clerk Gafford reiterated that Consent Calendar
items 9.j. and 9.u., as previously noted, have been
removed by staff; announced that staff has provided
a memorandum indicating three additional postcard
responses were received from occupants regarding
item 9.i.; and staff provided minor changes to the
Agreement regarding item 9.v.2.
Minutes:
a. Approval of minutes of the November 7,
2011 Special City Council Meeting and the
November 16, 2011 Regular City Council
Meeting.
Payments:
b. Receive and file department payments from
November 4, 2011 to December 1, 2011 in the
amount of $17,492,345.48 and self-insurance
payments from November 4, 2011 to
December 1, 2011 in the amount of
$529,581.39, totaling $18,021,926.87.
Ordinances:
C. Adoption of Ordinance approving a Negative ORD 4654
Declaration and amending the Official Zoning
Map in Title 17 of the Municipal Code by
changing the zone district from E (Estate) to
E-Ch (Estate-Church) on 18.03 acres located at
the northwest corner of Reina and Old Farm
Roads (ZC 11-0271 - McIntosh and Associates,
representing the Roman Catholic Bishop of
Fresno). (FR 11/16/11)
Bakersfield, California, December 14, 2011 - Page 9
9. CONSENT CALENDAR continued
d. Adoption of the following Ordinances
amending various sections of the Municipal
Code: (FR 11/16/11)
1. Section 6.08.010 relating to fowl.
2. Sections 15.65.200, 15.65.210, 15.65.220
and 15.65.230 relating to the fire code.
3. Section 17.04.508 relating to roofline.
4. Section 17.60.060, Section 13.1.f. relating
to sign development.
5. Section 17.60.070, Subsection G.5
relating to electronic signs.
Resolutions:
e. Resolution adopting the Investment Policy of
the City.
f. Resolution establishing City Council policy
regarding the use of electronic
communications during public meetings.
(Legislative & Litigation Committee)
g. Resolution approving an Amended Employees
Deferred Compensation Plan Document;
authorizing implementation of the plan and
indemnifying the City's Advisory Committee.
h. Resolution confirming approval by the City
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City
for which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and the demolishment
of dangerous buildings and authorizing
collection of the assessments by the Kern
County Tax Collector.
Resolution approving an application proposing
proceedings for annexation of inhabited
territory to the City identified as Annexation
No. 619 consisting of 45.59 acres located
generally south of Taft Highway and east of
South H Street.
ACTION TAKEN
ORD 4655
ORD 4656
ORD 4657
ORD 4658
ORD 4659
RES 120-11
RES 121-11
RES 122-11
RES 123-11
RES 124-11
Bakersfield, California, December 14, 2011 - Page 10
9. CONSENT CALENDAR continued
j. Resolution approving application for
annexation of uninhabited territory to the City
identified as Annexation No. 624 consisting of
17.28 acres, located along the north side of Taft
Highway, east and west of Stine Road.
Homeland Security Grants on behalf of the Kern
Operational Area:
1. Resolution determining that the City
Manager, or his designee, is appointed
as authorized agent to execute any
actions necessary for the purpose of
obtaining federal financial assistance
provided by the Department of
Homeland Security and sub-granted
through the State of California to the
County of Kern and through the County
of Kern to the City.
2. Memorandum of Understanding with the
County of Kern - Homeland Security
Grant funding Agreement for acquisition
of specialized equipment, training
and other professional services.
3. Appropriate $220,000 FY2010 Homeland
Security Grant Funds to the Capital
Outlay Fund Capital Improvement
Budget.
Consolidated Annual Maintenance of IBM
servers and storage area network:
1. Resolution determining that
Consolidated IBM maintenance cannot
be obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding
therefor, not to exceed $60,468.
2. Agreement with Computer
Configuration Services (not to exceed
$60,468) to consolidated IBM
maintenance contracts.
M. Amendment No. 1 to Resolution No. 111-11
Setting Salaries and Related Benefits for Officers
and Employees of the General Supervisory,
Police Supervisory and Management Units.
ACTION TAKEN
REMOVED BY STAFF
RES 125-11
AGR 11-153
RES 126-11
AGR 11-154
AGR 111-11(1)
Bakersfield, California, December 14, 2011 - Page 11
9.
CONSENT CALENDAR continued ACTION TAKEN
n. Resolution of Intention No. 1705 to add territory, ROI 1705
Area 2-49 (southeast corner of Stockdale
Highway and Nord Road) to the Consolidated
Maintenance District and preliminarily
approving, confirming and adopting the Public
Works Director's Report.
Agreements:
o. Agreement with Kern High School District (not to AGR 11-155
exceed $75,000 paid to the City) for use of
aquatic facilities for practice and swim meets.
P. Installation and Access Agreement with Bright AGR 11-156
House Networks, Inc. (no cost to City) for high
speed internet service to the Bakersfield Amtrak
Station.
q. Agreement with Wilson & Associates (not to AGR 11-157
exceed $109,200) to provide continuing
disclosure services for various Special
Assessment Districts.
r. Consultant Agreement with Soils Engineering
AGR 11-158
Inc. ($678,625) to provide materials
testing services for calendar years 2012 and
2013.
S. Consultant Agreements with McIntosh &
AGR 11-159
Associates ($200,000), Meyer Engineering
AGR 11-160
($200,000) and MNS Engineers ($200,000) to
AGR 11-161
provide "on-call" construction inspection
services for development projects and Capital
Improvement Program.
t. Agreement with Polydyne, Inc. ($461,904) to
AGR 11-162
provide dewatering polymer for Wastewater
Treatment Plant No. 3.
U. Agreement for Mitigation of Public Facility
REMOVED BY STAFF
Impacts (Pending Annexation No. 500):
1. Agreement with the County of Kern and
Wal-Mart Real Estate Business Trust for
construction of public facility
improvements on Olive Drive and State
Route 99.
Bakersfield, California, December 14, 2011 - Page 12
9. CONSENT CALENDAR continued
Item 9.u. continued
2. Appropriate $3,000,000 Developer share
of project cost (which will be
remitted to the County) to the Public
Works Department's Capital
Improvement Budget within the
Transportation Development Fund.
V. Environmental Engineering and Right-of-way
services for the widening of State Route 58
between PM 52.4/55.4 (TRIP):
1. Cooperative Agreement with the State
of California Department of
Transportation ($3,000,000) for the
project.
2. Reimbursement Agreement with the
County of Kern ($1,500,000) for the
project.
3. Appropriate $1,500,000 County Share
Project costs to the Public Works Capital
Improvement Budget within the Capital
Outlay Roads Fund for the Centennial
Corridor Project.
W. Widening of Rosedale Highway between
Gibson and Mohawk streets (TRIP):
Agreement with County of Kern
($1,000,000) for the reimbursement of
right-of-way costs.
2. Appropriate $1,000,000 County Share
project costs to the Public Works Capital
Improvement Budget within the Capital
Outlay Roads Fund for the project.
X. Amendment No. 1 to Agreement No. 11-053
with Gilliam & Sons, Inc. ($875,000; revised not
to exceed $2,315,003) to continue earthmoving
and hauling services.
Y. Amendment No. 2 to Agreement No. 10-075
with GC Environmental, Inc. ($350,000; revised
not to exceed $1,350,000) for landfill gas system
services for the Bakersfield Sanitary Landfill
Closure Project.
ACTION TAKEN
AGR 11-163
AGR 11-164
AGR 11-165
AGR 11-053(1)
AGR 10-075(2)
Bakersfield, California, December 14, 2011 - Page 13
9.
CONSENT CALENDAR continued
ACTION TAKEN
Z. Amendment No. 1 to Agreement No. 10-176
AGR 10-176(1)
with Polydyne, Inc. ($50,000; revised not to
exceed $100,173.88 and extends term one
year) to continue the supply of DAF Polymers.
aa. Amendment No. 3 to Agreement No. 10-177
AGR 10-177(3)
with Stay Green, Inc. ($100,000; revised not to
exceed $335,000 and extends term one year)
to continue the tree trimming maintenance
program.
bb. Amendment No. 5 to Agreement No. 06-053
AGR 06-053(5)
with Parsons Transportation Group Corp.
($498,240; revised not to exceed $44,354.007)
for the Program Management Services for the
Thomas Roads Improvement Program. (TRIP)
CC. Amendment No. 2 to Agreement No. 09-171
AGR 09-171(2)
with Amber Chemical, Inc. ($50,000; revised not
to exceed $200,000 and extends term one
year) to continue the supply of pool chemicals.
dd. Habitat Monitoring of the Buena Vista Lake
Shrew for the Kern Fan Water Recharge Area
located in the City's 2800 Acre Facility:
1. Amendment No. 1 to Agreement AGR 11-017(1)
No. 11-017 with Live Oaks Associates,
Inc. ($35,000; revised not to exceed
$105,885) to conduct years seven and
eight of the monitoring program.
2. Appropriate of $35,000 from the
Agricultural Water Fund Balance to the
Water Resources Operating Budget to
fund the amendment to the habitat
monitoring program.
ee. Contract Change Order Nos. 12 and 14 to AGR 08-214
Agreement No. 08-214 with Security Paving 00012, 00014
Company, Inc. ($46,411.82: revised not to
exceed $29,147,121.72) for construction of the
Westside Parkway Phase 1 Project. (TRIP)
ff. Contract Change Order Nos. 8, 15, 19, 20, 23, AGR 09-076
and 27 to Agreement No. 09-076 with Security 0008, 00015,
Paving Company, Inc. ($103,943.50; revised not 00019, 00020,
to exceed $84,072,500.21) for the construction 00023, 00027
of the Westside Parkway Phase 11 Project. (TRIP)
Bakersfield, California, December 14, 2011 - Page 14
9.
CONSENT CALENDAR continued ACTION TAKEN
Bids:
gg. Accept bid from Bauer Compressors, Inc.
($1,011,205.46) for the purchase of MSA
self-contained breathing apparatus for the Fire
Department.
hh. Accept bid from HD Supply WW ($62,013.18) for
sewer supplies for use by the Public Works
Department, Streets Division.
Accept bid from Myers & Sons Hi-Way Safety,
Inc. ($87,709.05) for traffic cones, delineators
and barricades for use by the Public Works
Department, Streets Division.
Accept bid from Quinn Company, ($514,800)
for two replacement articulated four-
wheel drive loaders with high lift loading option
for use by the Public Works Department, Solid
Waste Division.
kk. Accept bid and approve contract with AGR 11-166
Boething Treeland Farms, Inc. (not to exceed
$75,000) for the supply of plants and shrubs.
II. Accept bid and approve contract with Sierra AGR 11-167
Construction and Excavation Inc. ($67,650) for
McCutchen Road Sewer Abandonment.
mm. Accept bid and approve contract with Loop AGR 11-168
Electric, Inc. ($133,329.25) for construction of
traffic signal and lighting system installation at
Buena Vista Road and Campus Park Drive.
nn. Traffic Signal Modification: Stockdale Highway
and Montclair Street:
1. Accept low bid and approve contract AGR 11-169
with Loop Electric, Inc. ($73,736) for
the project.
2. Appropriate $20,000 Gas Tax Fund
balance to the Public Works
Department's Capital Improvement
Budget.
Bakersfield, California, December 14, 2011 - Page 15
9. CONSENT CALENDAR continued ACTION TAKEN
oo. Rehabilitation of Three Sewer Lift Stations:
1. Accept bid and approve contract with AGR 11-170
HPS Mechanical Inc. ($967,520) for
lift stations at Alfred Harrell Highway 700
feet north of State Route 178, Planz
Road at Benton Street, and Panama
Lane at Parsons Way.
2. Appropriate $350,000 Sewer Enterprise
Fund balance to the Public Works
Department's Capital Improvement
Budget ($130,000 from Wastewater
Treatment Plant No. 2 and $220,000 from
Wastewater Treatment Plant No. 3).
Miscellaneous:
pp. Fiscal Year 2010-2011 Annual Compliance
Report for planned drainage area
fees prepared in accordance with Government
Code §66006.
qq. Fiscal Year 2010-2011 Annual Compliance
Report for planned sewer area fees
prepared in accordance with Government
Code §66006.
rr. Fiscal Year 2010-2011 Annual Compliance
Report for bridge crossings and major
thoroughfare fees prepared in accordance
with Government Code §66006.
ss. Fiscal Year 2010-2011 Annual Compliance
Report for park impact fees prepared in
accordance with Government Code §66006.
tt. Fiscal Year 2010-2011 Annual Compliance
Report for transportation impact fees
prepared in accordance with Government
Code §66006.
uu. Appropriate $97,038 improvement bond
proceeds to the Public Works Department's
Capital Improvement Budget within the Capital
Outlay Fund to complete partially constructed
developer improvements on public right-of-way
at the southeast corner of South H Street and
Panama Lane.
Bakersfield, California, December 14, 2011 - Page 16
9. CONSENT CALENDAR continued ACTION TAKEN
vv. Appropriate $79,048 drainage fees collected
for the Tevis Ranch Development area to the
Public Works Department's Capital
Improvement Budget within the Sewer
Enterprise Fund (Wastewater Treatment
Plant No. 3).
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar Items 9.a. through 9.vv., with the
removal of Items 9.j. and 9.u., and the addition
to Item 9.1. and the changes to Item 9.v.2.
10. CLOSED SESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 regarding Cho, Keung v. City - KCSC
Case No. S-1500-CV-272373 WDP.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivisions (b) (3) (B)/(b) (3) (C) of Government
Code Section 54956.9 (threat of litigation
regarding right-of-way issues on Truxtun
Avenue).
Motion by Vice-Mayor Couch to adjourn to Closed APPROVED
Session at 8:30 p.m.
Motion by Councllmember Weir to adjourn from APPROVED
Closed Session at 9:15 p.m.
RECONVENED MEETING AT 9:16 p.m.
11. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9 regarding Cho, Keung v. City - KCSC
Case No. S-1500-CV-272373 WDP.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivisions (b)(3)(B)/(b)(3)(C) of Government
Code Section 54956.9 (threat of litigation
regarding right-of-way issues on Truxtun
Avenue).
CITY ATTORNEY
GIVEN DIRECTION
NO REPORTABLE
ACTION
Bakersfield, California, December 14, 2011 - Page 17
12.
13.
14.
15.
CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN
a. Public Hearing to consider an adjustment to the
Water Availability Fee for the City's Domestic
Water System.
1. Resolution setting Domestic Water RES 127-11
Availability Fee for Ashe, Fairhaven and
Riverlakes Ranch service areas. (Staff
recommends adoption of Resolution.)
b. Public Hearing to consider Resolution approving RES 128-11
and adopting an adjusted fee for the
development and improvement of parks within
the City (2.15% proposed rate increase). (Staff
recommends adoption of Resolution.)
C. Public Hearing on Resolution of Necessity to RES 129-11
determine the public interest and
necessity for acquisition of certain real property
located at 8601 South H Street, by eminent
domain for a new interchange at State Route
99 and Hosking Avenue. (Code Civ. Proc. §
1240.010) (Staff recommends adoption of
Resolutlon.)
Consent Calendar Public Hearings opened at
9:17 p.m.
No one spoke.
Consent Calendar Public Hearings closed at
9:17 p.m.
Motion by Vice-Mayor Couch to adopt Consent APPROVED
Calendar Public Hearings Items 12.a. through 12.c.
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
Bakersfield, California, December 14, 2011 - Page 18
16. COUNCIL AND MAYOR STATEMENTS
Counciimember Johnson thanked State Farm
Insurance, Fire Chief Greener and the Fire Department
for their assistance in doing a smoke detector
distribution program in Ward 7.
Counciimember Johnson referred the Issue of civil
gang Injunctions, as discussed In Western City
Magazine, to the Safe Neighborhoods Committee for
review and possible adoption by the City of
Bakersfield.
Counclimember Weir thanked Mayor Hall, staff and
legislators who attended a community meeting in
Ward 3 last night regarding access to commercial
property from Highway 178, and the fixing of the
178/184 intersection, advised the slides used at the
meeting are now available on the City's website; and
he wished everyone Merry Christmas.
Councllmember Salas asked staff to check on the left
turn signal at Panama and Union, which appears to
not be functioning properly and causing traffic to back
up.
Councilmember Salas thanked staff for starting to look
into the streetlights at Tyner Ranch.
Councilmember Salas thanked Recreation and Parks
Director Hoover for beginning the process of assessing
the Planz pool, as a result of the recent Community
Services Committee Meeting.
Councllmember Solos asked staff to look at the
potholes at South Chester and El Serrano, just north of
Ming Avenue.
Councilmember Salas ask staff` to check the Graffiti
application for phones, which does not appear to be
functioning properly.
Councilmember Hanson acknowledged a nice
Community Voices article published in the newspaper
a few weeks ago written by Nesta Arone, regarding
our city and its family values.
ACTION TAKEN
Councilmember Hanson congratulated Mayor Hall for
receiving the "Iron Eyes Cody Award."
Bakersfield, California, December 14, 2011 - Page 19
16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Hanson thanked Water Resources
Manager Chianello and staff for the recent work done
at Campus Park South.
Councilmember Hanson stated he hoped
Councilmember Sullivan will feel better soon, and he
wished everyone a Merry Christmas and Happy New
Year.
Councilmember Sullivan congratulated Mayor Hall for
receiving the "Iron Eyes Cody Award."
Councilmember Sullivan mentioned that she rode on a
fire truck for the Christmas Parade and thanked the
Fire Department for the opportunity; and she wished
everyone Merry Christmas and Happy New Year.
In response to a question from Vice-Mayor Couch
regarding the one-page table received earlier in the
meeting regarding the animal control budget history,
City Manager Tandy advised that Council will receive
background information in their Friday memorandum.
Vice-Mayor Couch suggested moving the December
2012 Council Meeting from the 12th to the 11th, and
bring it back for adoption at the next meeting.
Vice-Mayor Couch wished everyone Merry Christmas
and Happy New Year.
Mayor Hall expressed his appreciation to the City
Council for the Proclamation; and he wished everyone
Merry Christmas and a Happy Holiday Season.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:26 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield