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HomeMy WebLinkAbout04/07/10_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA m* MEETING OF APRIL 7, 2010 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Reverend Nancy McMaster, Valley Christian Church. 3. PLEDGE OF ALLEGIANCE by Taris Williamson, 1 11 grade student at Olive Drive Elementary. 4. PRESENTATIONS a. Presentation by Mayor Hall of a retirement plaque and gift certificate to James Scrivano. b. Presentation by Mayor Hall of a Proclamation to Linda Vernon, CEO, Bakersfield Association of Realtors, declaring April 2010, Fair Housing Month. 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 24, 2010 Regular City Council Meeting. Payments: b. Approval of department payments from March 12, 2010 to March 25, 2010 in the amount of $17,284,768.12 and self-insurance payments from March 12, 2010 to March 25, 2010 in the amount of $215,320.48. Ordinances: C. Adoption of the following Ordinances: 1. Amending Chapter 16.28 (Design Standards) of Title 16 (Subdivisions) of the Municipal Code to incorporate specific design criteria for new development in Northeast Bakersfield. 2. Amending Chapter 17.08 (General Regulations), Chapter 17.25 (Central Business Zone), Chapter 17.26 (Commercial Center Zone), Chapter 17.61 (Landscape Standards), and adding Chapter 17.71 (Outdoor Lighting) of Title 17 (Zoning) of the Municipal Code to incorporate specific design criteria for new development in Northeast Bakersfield. 8. CONSENT CALENDAR continued (Ward 4,5) d, First Reading of Ordinance amending Municipal Code § 1. 12.040 and § 1. 12.050 by adding Annexation No. 607 consisting of 1.04 acres located along the west side of Allen Road, north of Rosedale Highway to Ward 4 and Annexation No. 549 consisting of 39.90 acres located on the northeast corner of Old River Road and McCutchen Road to Ward 5. Resolutions: e. Purchase of Motorola Radio Equipment: 1. Resolution determining that Motorola radio equipment cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $162,500. 2. Accept Federal grant ($162,500 - FY 2009 Assistance to Firefighters) for the purchase of radio equipment. 3. Approve the purchase of 52 replacement portable radios and related equipment from Motorola Communications, Inc. not to exceed $162,500. 4. Appropriate $130,000 Federal Grant Revenue to the MMRS Fund and $32,500 Equipment Management Fund Balance to the Public Works Department Operating Budget to fund local match of purchase of radios. (Ward 4,7) f. Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 601 consisting of 19.72 acres located at the southeast corner of Allen Road and Hageman Road, east of the A.T. & S.F. Railroad tracks. 2. Annexation No. 606 consisting of 5.7 acres located on the south side of McKee Road, between Ellashosh Street and State Route 99. 3. Annexation No. 613 consisting of 6.36 acres located south of McKee Road, along the west side of State Route 99. g. Resolution approving application for grant funds for the Sustainable Communities Planning Grant and Incentives Program. h. Resolution in support of the general aviation industry and opposing legislation and policies that impede general aviation. (Ward 6) i. Resolution of Intention No. 1658 calling a public hearing to amend Resolution No. 133-07 modifying the completion date of Underground Utility District No. 2, Division 31 (Sports Village). (Ward 7) j. Resolutions of Intention (ROI) to add territory to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Reports: 1. ROI No. 1661 to add territory, Area 3-81 (2800 Panama Lane). 2. ROI No. 1662 to add territory, Area 2-43 (3220 Ming Avenue). 2 City Council Meeting of 4/7/2010 8. CONSENT CALENDAR continued Agreements: (Ward 6) k. Settlement Agreement with Travelers Casualty and Surety Company of America for Dunmore Diamond Ridge Tract 6332 located between Ashe Road and Stine Road, south of McCutchen Road. 1. Agreement with Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter ($59,910) for a full scope annual audit of the 2009-10 fiscal year. (Ward 3) M. Auburn Street Realignment Project: 1. Amendment No. 1 to Agreement No. 09-004 with Canyon Hills Assembly of God Church (reimbursement not to exceed $40,789) for the property associated with the project. 2. Amendment No. 1 to Agreement No. 09-005 with Canyon Hills Assembly of God Church (time extension only) for the installation of landscape and irrigation system in the medians of the project. 3. Amendment No. 1 to Agreement No. 09-006 with Canyon Hills Assembly of God Church (increase landscape area only) to include an additional area of landscape and irrigation north of the project to be maintained by Canyon Hills. (Ward 3) n. Amendment No. 1 to Agreement No. 07-223 with Psomas ($308,470.90; revised not to exceed $1,609,478.90) for SR-178 and Morning Drive Interchange Project engineering design services. (TRIP) Bids: o. Reject bids for cold planing annual contract. P. Accept bid and award contract to Granite Construction ($1,478,336) for the Pavement Rehabilitation 2009 Phase 5 - Coffee Road from Friant Kern Canal to Riverlakes Drive/Meany Avenue; Coffee Road from Olive Drive to Norris Road (Northbound only) Project. Miscellaneous: q. Metropolitan Medical Response System (MMRS) FY 2009 Grant: 1. Accept Federal Grant ($321,221) FY 2009 MMRS Grant. 2. Appropriate $32,212 Federal Grant Revenue to the Fire Department Operating Budget within the MMRS Fund. (Ward 2,4) r. Rosedale Highway Widening Design Phase (TRIP): 1. Appropriate $1,327,950 Federal Grant Revenue (Safetea-Lu NCIIP) to the Public Works Capital Improvement Budget within the TRIP Special Revenue Fund. 2. Appropriate $2,612,348 Federal Grant Revenue (IS-TEA) to the Public Works Capital Improvement Budget within the TRIP Special Revenue Fund. 3. Appropriate $825,050 Traffic Development Fund balance for local match to the TRIP project. 3 City Council Meeting of 4/7/2010 8. CONSENT CALENDAR continued s. Appropriate $9,500 State Grant Revenues (FY 2009-10 Minor Decoy and Shoulder Tap Mini Grant Program for the State Office of Alcoholic Beverage Control) to the General Fund Police Operating Budget to fund overtime for the BPD Vice Division to conduct minor decoy and shoulder tap operations. Staff recommends adoption of Consent Calendar items 8.a. through 8.s. 9. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Marc Halling v. City - KCSC Case No. S-1500-CV-266789-DRL. 2. Home Builders Association v. City - KCSC Case No. S-1500-CV-267954 LHB. 3. Bakersfield Police Officers Association v. City - KCSC Case No. S-1500-CV- 267165 NFT. b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. RECESS TO CLOSED SESSION 10. CLOSED SESSION ACTION 11. CONSENT CALENDAR PUBLIC HEARINGS 12. HEARINGS (Ward 3) a, Public Hearing to consider Resolution ordering the vacation of a portion of a 10' wide Public Utilities Easement containing 930 square feet located at 2935 Oswell Street. Staff recommends adoption of resolution. b. Impasse Hearing for Police Labor Negotiations pursuant to Municipal Code Section 2.76.130. Staff recommends Council remove and reject 13. REPORTS 14. DEFERRED BUSINESS 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 4/ 1 / 10 1:35pm 4 City Council Meeting of 4/7/2010 AGENDA HIGHLIGHTS April 7, 2010 COUNCIL MEETING REGULAR MEETING - 5:15 °.m. CONSENT' CALENDAR Agreements Item 81. Amendment to Agreement with Psomas for SR 178/Mornina Drive Interchange Project Design Services in the amount of $308,470.90, not to exceed $1,609,478.90. This TRIP project will extend SR 178 east from Morning Drive about a mile to the Mesa Mann Sports Complex. In 2007, Psomas was awarded the contract for preliminary engineering and preparation of the Environmental Document. The initial studies and design that had previously been done by CalTrans called for the relocation of a major gas pipeline just north of the segment. However, as TRIP staff, CalTrans, and Psomas have advanced in the preliminary design work, it has been determined that the roadway could be modifled, not requiring the pipeline location, for a project savings of $6 to $7 million dollars. The original schedule and scope of work did not provide for Psomas to do the unanticipated re-engineering of the road. This proposed amendment covers the additional expenses and time needed to perform that work. Item 8o. Accel2t Bid and Award Contract to Granite Construction in the amount of $1,478,336 for Pavement Rehabilitation of Coffee Road from Friant Kern Canal to Riverlakes Drive/Meant' Avenue and Coffee Road from Olive Drive to Norris Road (this later segment will be northbound only,). This project Is 100% federally funded through the 2009 American Recovery and Reinvestment Act (ARRA) and will consist of pavement reconstruction, access ramps, modifying curb and gutter, striping, pavement marking and traffic signal loops. Four bids were received; all were acceptable, with Granite Construction being the lowest. Miscellaneous Item 8o. Appropriation of Funding for the Rosedale Highway Widening Project Design Phase. This Is a TRIP project that will widen Rosedale Highway from four to six lanes between Highway 99 and Allen Road. The City previously received CalTrans authorization to proceed on the environmental phase and now has authorization to move forward with the design phase. This action is to request City Council approval to appropriate Federal Grant revenues, as follows: $1,327,950 SAFETEA-LU and $2,612,348 IS-TEA to the Public Works capital Improvement budget within the TRIP Special Revenue Fund. An additional $825,050 appropriation of Traffic Development Fund balance is also requested for the required local match to the SAFETEA-LU and IS-TEA Federal funding. CLOSED SESSION There will be a conference with Legal Counsel regarding three (3) cases of existing litigation and a conference with the Labor Negotiator. HEARINGS Item 12b. Impasse Hearina for Police Labor Neaotiations Pursuant to Bakersfield Municipal Code 2.76.130. Negotiations with the Bakersfield Police Officers Association for a new Memorandum of Understanding began in August, 2007 and continued through the first quarter of 2009. The City presented a "Last, Best and Final Offer" to the BPOA in November, 2008; the BPOA then presented its "Last, Best and Final Offer" to the City in January, 2009, which was rejected by the City in February, 2009. Mediation was then attempted, but unsuccessful. Because of the City's deteriorating financial conditions, the City is unable to renew its "Last, Best, and Final Offer". Pursuant to the Municipal Code regarding the Resolution of Impasses, and per the direction of the Kern County Superior Court in a ruling ordered in February, 2010, this Public Hearing will be held for the City Council to Issue a determination on the merits of the Impasse in negotiations. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - March 24, 2010 Council Meeting Page 2 ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council FROM: Steven Teglia, Acting Human Resources Manager DATE: March 16, 2010 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER S SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and City Gift Certificate to James Scrivano RECOMMENDATION: BACKGROUND: Mayor Hall will make presentation to: James Scrivano 30.00 years of service April 8, 2010 Retirement date F Ay S ADMINISTRATIVE REPORT LIF MEETING DATE: April 7, 2010 AGENDA SECTION: Presentations ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: March 26, 2010 CITY ATTORNEY CITY MANAGER S SUBJECT: Presentation by Mayor Hall of a Proclamation to Linda Vernon, Bakersfield Association of Realtors Chief Executive Officer, declaring April 2010, Fair Housing Month in the City of Bakersfield. RECOMMENDATION: BACKGROUND: krt A A ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar . ITEM: 8. A . TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD wl. 4-r DATE: March 26, 2010 CITY ATTORNEY CITY MANAGER ~S SUBJECT: Approval of Minutes of the March 24, 2010 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw ADMINISTRATIVE REPORT ~ awl 10 MEETING DATE: APRIL 7, 2010 AGENDA SECTION: Consent Calendar ITEM: S, b, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: March 26, 2010 CITY ATTORNEY CITY MANAGER_ SUBJECT: Approval of department payments from March 12, 2010 to March 25, 2010 in the amount of $17,284,768.12 and Self Insurance payments from March 12, 2010 to March 25, 2010 in the amount of $215,320.48. RECOMMENDATION: Staff recommends approval of payments totaling $17,500,088.60 BACKGROUND: KLG March 26, 2010, 1:48PM C:\Documents and Settings\dtamayo\Desktop\ADMIN-AP 040710.doc A ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: . TO: Honorable Mayor and City Council APPROVED FROM: Jim Eggert, Planning Director DEPARTMENT HEAD A Cow DATE: March 23, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of ordinances amending the text of: 1. Title 16 of the Bakersfield Municipal Code (Subdivision Ordinance) Chapter 16.28 Design Standards, to incorporate specific design criteria for new development in Northeast Bakersfield. 2. Title 17 of the Bakersfield Municipal Code (Zoning Ordinance) Chapters 17.08 General Regulations, 17.25 Central Business Zone, 17.26 Commercial Center Zone, 17.61 Landscape Standards, and adding Chapter 17.71 Outdoor Lighting, to incorporate specific design criteria for new development in Northeast Bakersfield. RECOMMENDATION: Staff recommends adoption of the ordinances. BACKGROUND: First reading of the Ordinances was given on March 24, 2010. Since June 24, 2009, the City Council's Planning and Development Committee has been working to implement a Northeast Bakersfield Community Concept in order to achieve the following vision for Northeast Bakersfield: Preserve and enhance the unique aspects of the northeast experience through the development of a healthy, sustainable community complementary of the area's resources and identifiable through theme architecture and landscaping. The outcome of research and public outreach resulted in proposed ordinance changes regarding three main concepts for new development in Northeast Bakersfield, which were identified as: architectural design for commercial projects, landscaping, and outdoor lighting (dark sky principles). March 23, 2010, 9:14AM KShea/S.IDanaI4DM/NS120101ApriA4-7-Title 16 17 2.doc ADMINISTRATIVE REPORT On February 18, 2010, the Planning Commission held an advertised public hearing on this request to amend the text of the Subdivision Ordinance (Title 16) and the Zoning Ordinance (Title 17) to incorporate specific design criteria for new development in Northeast Bakersfield as summarized below. Northeast Bakersfield is considered the geographic area that includes all lands in the city limits east of Fairfax Road (and any northern extension thereof) and north of the Union Pacific Railroad that parallels Edison Hwy. PROPOSED ORDINANCE AMENDMENT SUMMARY: Subdivision Walls (Section 16.28.170) • Adds text in order to provide Planning Commission authority to approve alternative wall and landscape designs due to topographic and other physical conditions. • Added text is consistent with the existing ordinance language for walls and landscaping along double-frontage residential lots. Architectural Design (Section 17.08.140) • Applies to all new commercial and industrial developments. • River rock, boulders, rough-sawn timbers and logs would be predominant theme used throughout a project. • Allows flexibility in design so that projects will not be identical. Landscaping (Sections 17.61.032.17.25.050.17.26.0501 • Predominant use of native California trees (i.e. Oaks, sycamores). • Use of boulder clusters and other native rocks. • Landscape setting to resemble a more natural environment. • Use of low water and/or xeriscape plants. • Materials are consistent with hillside ordinance zoning requirements. • Standards would also apply to public streetscapes for compatibility with private development. Outdoor Lighting - Dark Sky Principles (new Chapter 17.71) • Applies to commercial, industrial, and apartment projects (single-family residential is exempt). • Affects installations of new lighting only. • Lighting must be shielded in order to eliminate light projections up into the nighttime sky. • Design of outdoor recreation lighting (sports fields) must lessen sky glow. • Encourages energy conservation. • Includes diagrams depicting acceptable versus unacceptable fixtures. • Prohibits lighting into the Kern River and other natural areas. March 23, 2010, 9:15AM KShea/S.IDanaI4DMINS1201014priII4-7-Title 16_17 2.doc ADMINISTRATIVE REPORT These changes, if approved by City Council, will trigger amendments to the Planning Commission's adopted Wall and Landscaping Design Policy for residential subdivisions in order to achieve consistency with the new ordinance requirements. Those amendments will be presented to the Planning Commission if the City Council approves the ordinances changes described above. These recommendations will implement design features that will compliment the unique aspects of Northeast Bakersfield's topography and terrain. Incorporating the natural environmental features into the aesthetic themes of new development will enhance Northeast Bakersfield, and achieve the stated vision. No one spoke in opposition to the project at the Planning Commission hearing, although minor changes to the proposed text were presented by the Planning Director and approved by the Commission as follows: (1) moved the boundary of Northeast Bakersfield from State Highway 58 to the Union Pacific Railroad; (2) removed the maximum parapet heights (17.08.140 C.5.) to allow better screening of rooftop equipment; and (3) clarified Section 17.71.040 B.1.(Outdoor Lighting) to ensure outdoor sports lighting is not excessively bright for the intended activities. This project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the general rule of CEQA in accordance with Section 15061 (b) (3), it can be seen with certainty that there is no possibility that adoption of the proposed ordinance will have a significant affect on the environment. Staff recommends adoption of the ordinances. March 23, 2010, 9:15AM KShea/S.IDanaIADMINS120fO1ApriII4-7-Title 16 17 2.doc A t: in U ADMINISTRATIVE REPORT 0 MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: j , TO: Honorable Mayor and City Council APPROVED FROM: Jim Eggert, Planning Director DEPARTMENT HEAD DATE: March 18, 2010 CITY ATTORNEY CITY MANAGER & SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections §1.12.040 and §1.12.050 by adding Annexation No. 607 consisting of 1.04 acres, located along the west side of Allen Road, north of Rosedale Highway to Ward 4 and Annexation No. 549 consisting of 39.90 acres, located on the northeast corner of Old River Road and McCutchen Road to Ward 5. (Wards 4 & 5) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexations 607 and 549 into the corresponding Council ward. These annexations were recently approved by LAFCO. Annexation No. 607 is located along the west side of Allen Road, north of Rosedale Highway. The annexation territory is fully developed. The property owners, Rosedale Church of Christ, requested annexation to receive city services. This area will be included into Ward 4. Annexation No. 549 is located on the northeast corner of Old River Road and McCutchen Road. The annexation territory consists of 39.90 acres. The property owner requested annexation for development purposes and to receive city services. This area will be included into Ward 5. S:Annexation\Ordinances\2010Wdmin Draft4-7-10 549 & 607.DOC A ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: e,, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: March 25, 2010 CITY ATTORNEY CITY MANAGER _ SUBJECT: Purchase of Motorola Radio Equipment. 1. Resolution determining that Motorola radio equipment cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $162,500. 2. Accept Federal grant for $162,500 FY 2009 Assistance to Firefighters for the purchase of radio equipment. 3. Approve the purchase of 52 replacement portable radios and related equipment from Motorola Communications, Inc. not to exceed $162,500. 4. Appropriate $130,000 Federal Grant Revenue to the MMRS Fund and $32,500 Equipment Management Fund Balance to the Public Works Department's Operating Budget to fund local match of purchase of radios. RECOMMENDATION: Staff recommends approval. BACKGROUND: The Bakersfield Fire Department received an FY 2009 Assistance to Firefighters Grant from FEMA and the Department of Homeland Security in the amount of $162,500. The approved project totals $162,500. The Federal share is 80%, or $130,000, and the local match is 20%, or $32.500. Portable radios are frequently subjected to water intrusion at a fire scene. The proposed yellow cased portable radios are waterproof to 6 feet for a limited time and are highly visible for easy retrieval if dropped at a fire scene. Further, these also meet, or can easily be upgraded to meet all of the latest Federal mandates of narrow banding and are P25 compliant, an interoperability item as suggested by Homeland Security. The City's radio systems are exclusively Motorola, which utilizes certain proprietary tones and codes for access through various parts of the radio systems already in place. Staff recommends approval of the resolution, acceptance of the grant and appropriations necessary to complete the purchase of portable radios for the Fire Department. S:\Purch\Admin\Motorola Radios, Sole Source, April 7, 2010 A ~ r ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Jim Eggert, Planning Director DEPARTMENT HEAD DATE: March 15, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 601 consisting of 19.72 acres, located at the southeast corner of Allen Road and Hageman Road, east of the A.T. & S.F. Railroad tracts. (Ward 4) 2. Annexation No. 606 consisting of 5.7 acres, located on the south side of McKee Road, between Ellashosh Street and State Route 99. (Ward 7) 3. Annexation No. 613 consisting of 6.36 acres, located south of McKee Road, along the west side of State Route 99. (Ward 7) RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The resolutions of application propose proceedings for annexation of uninhabited territory to the City of Bakersfield. Annexation No. 601 consists of 19.72 acres and is located at the southeast corner of Allen Road and Hageman Road, east of the A.T. & S. F. Railroad tracts. The site is undeveloped and the property owners requested annexation for development purposes. Annexation No. 606 consists of 5.7 acres is located on the south side of McKee Road, between Ellashosh Street and State Route 99. The site is developed and the property is being used for a family home site/trucking business operation. The County of - Kern granted a general plan amendment/zone change in 2009 which permits the business use of the property. This property is proposed for annexation to eliminate a small county island within the McKee Road area. The property owner has not objected to the annexation. Annexation No. 613 consists of 6.36 acres and is located south of McKee Road, along the west side of State Route 99. This undeveloped parcel is also within the small county island in the McKee Road area. The property owner requested annexation to build a community church and childcare facility on the site. ADMINISTRATIVE REPORT Page 2 These annexations are adjacent to the City limits and are 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. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DL:dc SAAnnexation\Res of Applic\Admin Draft 601, 606 & 613.doc A o„ ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Consent ITEM: TO: Honorable Mayor and City Council APPROVED O-Z FROM: Jim Eggert, Planning Director DEPARTMENT HEAD- A DATE: March 25, 2010 CITY ATTORNEY U 11P y CITY MANAGER SUBJECT: Resolution approving application for grant funds for the Sustainable Communities Planning Grant and Incentives Program. RECOMMENDATION: Adopt Resolution Approving the Application for Grant Funds BACKGROUND: The Development Services Department - Planning Division is applying for a Sustainable Communities Planning Grant offered by the Strategic Growth Council of the State of California, in order to prepare a Climate Change Action Plan as part of the General Plan update. The grant application request requires support by the elected body. The objective of the Climate Change Action Plan (CCAP) is to serve as a guiding document and provide support for local plans and polices that will implement AB 32 and SB 375 related to green house gas (GHG) emission reduction targets. The CCAP will help guide the development of new land use and community development policies for the 2010 update of the Metropolitan Bakersfield General Plan that help to reduce GHG emissions from urban development. The CCAP will include an energy efficiency and conservation strategy for long-term land use planning; a GHG emissions inventory and baseline for current GHG emissions generated in the Metropolitan Bakersfield General Plan area that describe GHG emissions sources from stationary and mobile sources; and identify how the City will measure the impacts of GHG emissions as required by the California Environmental Quality Act (CEQA). The City is asking for $100,000 in order to prepare the Climate Change Action Plan. No funding match is required by the City since technical expertise and resources will be provided by the San Joaquin Valley Air Pollution Control District and the County of Kern. This grant program implements the vision of the State to foster the development of sustainable communities throughout California. It is designed to help local governments meet the challenges of adopting land use plans and integrating strategies in order to transform communities and create long term prosperity. The Sustainable Communities Planning Grant is funded by Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. The Act gave authorization to the Legislature to appropriate $90 million for planning grants and planning incentives that reduce energy consumption, conserve water, improve air and water quality, and provide other community benefits. OF yw AR,. R U ~ d ADMINISTRATIVE REPORT ~ ~A„tom i MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: 8h. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: April 1, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution in Support of the General Aviation Industry and OpposinTegCislation and Policies that Impede General Legislation RECOMMENDATION: Staff recommends approval of resolution. BACKGROUND: The California State Legislature is considering Assembly Joint Resolution 33 (AJR33) in support of general aviation. The resolution requests that the Congress and President of the United States recognize that general aviation plays in the economy, health, safety, and protection of the nation, and to abstain from legislation and policies that impact the industry's ability to continue to function effectively. The City Council is requested to approve a similar resolution, which includes the following key points in support of general aviation and in opposition of legislation and policies that negatively affect the industry: • General aviation in this country supports more than 1.2 million jobs, many of which are in small and medium sized businesses, and generates $150 billion in economic activity; • There are 5,200 general aviation airports in the United States located near businesses and communities that are driving the nation's economic recovery; • General aircraft are used around-the-clock by law enforcement, medical, and disaster relief personnel and for other vital services; • General aviation faces challenges from a federal budget proposal that would impose costly new user fees and dramatically increase taxes. The County of Kern recently approved a resolution in support of general aviation, and several other Kern County cities are considering adoption of a similar resolution. April 1, 2010, 5:41 PM P:WdminReports&RelatedWdm-201 MAdmin-GeneralAviation-04071 0.doc A ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APB ROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: March 16, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention #1658 calling a public hearing to amend Resolution No. 133-07 modifying the completion date of Underground Utility District No. 2, Division 31 (Sports Village) - (Ward 6) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The City Council adopted Resolution No. 133-07(1) on August 20, 2008, modifying the boundaries of Underground Utility District No. 2, Division 31. The City now desires to change the completion date as established by Resolution 133-07(1). This resolution calling for a public hearing to amend the previously adopted resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. Should the amendment to District 2, Division 31, modifying the completion date be adopted, it will require that all affected utility companies remove the overhead lines within the development area of the Sports Village and place them underground by June 31, 2011. The district generally consists of two parcels, one on Gosford Road and the other on Ashe Road. Both are located north of Taft Highway and are approximately 1710' and 3090' in length, respectively. This Resolution sets the date of April 21,2010 for the protest hearing. mps March 17, 2010, 2:05PM G:\GROUPDAT\ADMINRPT\2010\04-07\2-31 roiamend-2.docx A 6R„r ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: ' TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: March 25, 2010 CITY ATTORNEY CITY MANAGER J SUBJECT: Resolutions of Intention (ROI) to add territory to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Reports: 1. ROI No. 1661 to add territory, Area 3-81 (2800 Panama Lane). (Ward 7) 2. ROI No. 1662 to add territory, Area 2-43 (3220 Ming Avenue). (Ward 7) RECOMMENDATION: Staff recommends adopting the Resolutions of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcels 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. These areas 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 territories 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 properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. Ps G:\GROUPDAT\ADMINRPT\2010\04-07\ROI 1661 & 1662 MD 3-81 & 2-43 admin.doc T A ADMINISTRATIVE .REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: 8 TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEADY DATE: March 16, 2010 CITY ATTORNEY- CITY MANAGER /~-y SUBJECT: Approval of Settlement Agreement 1. Settlement Agreement with Travelers Casualty and Surety Company of America for Dunmore Diamond Ridge Tract 6332 located between Ashe Road and Stine Road south of McCutchen Road. (Ward 6) RECOMMENDATION: Staff Recommends approval of the agreement. BACKGROUND: This Settlement Agreement is for Improvement Agreement Number 07-045 dated February 28, 2007, Dunmore Diamond Ridge, LLC. The City of Bakersfield determined on January 29, 2009 that it had reasonable cause to find the Developer in default of the agreements, as stated in Section 8.1-5. The Developer had filed a petition of bankruptcy and would not be able to complete the terms of the agreement. This Settlement Agreement is with Travelers Casualty and Surety Company of America, who has agreed to complete the Dunmore Diamond Ridge Subdivision Public Improvements as stated in the Engineers Bond Estimate associated with the Performance Bonds. NOTE: THE SETTLEMENT AGREEMENT IS FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. dha March 25, 2010, 10:28AM GAGR0UPDAT\ADMINRPT\2010\04-07\T6332 Diamond Ridge Settlement AGR.doc ADMINISTRATIVE REPORT cam.,. MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: O .J.. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: March 23, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter ($59,910) for a full scope annual audit of the 2009-10 fiscal year. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: In February 2007, inquires were sent to approximately 28 local CPA firms and 9 outside firms, with four firms expressing an interest in the City Audit. Requests for Proposals were sent to the interested audit firms. Three firms submitted proposals which were reviewed by the Finance department. One firm did not submit their sealed dollar cost bid based on the requirement in the RFP and were excluded from consideration. The two qualified proposals were sent to the Budget and Finance Committee. The Budget and Finance Committee reviewed the proposals on April 30, 2007. The Budget and Finance committee recommended the selection of Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter to perform the annual audit work for the 2006-07 fiscal year ($60,400), with the option of up to four (4) one year extensions. The Request for Proposal issued in February 2007 contemplated a five year commitment with the selected firm, with the 2006-07 fiscal year being year 1 of 5. A cost of living factor is built into the contract so that future year costs do not exceed Consumer Price Index (CPI) inflation measures, assuming no change in the scope of the audit and assuming no significant change in the audit workload as a result of Governmental Accounting Standards Boards (GASB) actions that might take place in the future. Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter was agreeable to this additional contract language. The agreement referenced above is related to the audit for year 4 of 5. The net difference in cost from year 3 to year 4 represents a 1.8% increase (based on the January 2009 CPI index) and a decrease in cost due to no activity in the Public Financing Authority for the audit year 2009-10. 3/23/2010 9:02:00 AM SAAdmin\Admin Repons\2010 Brown Armstrong.doc A 4P ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: March 23, 2008 CITY ATTORNEY ' CITY MANAGER SUBJECT: Auburn Street Realignment Project (Ward 3): 1. Amendment No. 1 to Agreement 09-004 with Canyon Hills Assembly of God Church (reimbursement amount not to exceed $40,789.00) for the property associated with the realignment of Auburn Street. 2. Amendment No. 1 to Agreement 09-005 with Canyon Hills Assembly of God Church (time extension only) for the Installation of landscape and Irrigation system in the medians of the realigned Auburn Street. 3. Amendment No. 1 to Agreement 09-006 with Canyon Hills Assembly of God Church (increase landscape area only) to include an additional area of landscape and irrigation north of the realigned Auburn Street to be maintained by Canyon Hills. RECOMMENDATION: Staff recommends approval of amendments, BACKGROUND: In preparation of the City's upcoming Morning Drive Interchange Project, the Intersection of Auburn Street and Morning Drive was relocated to the north to meet freeway off- ramp spacing requirements. To accommodate this intersection relocation, Auburn Street was realigned by the City through the Canyon Hills property (to the west of Morning Drive). To facilitate this realignment, Canyon Hills and the City entered Into several agreements. The first agreement dealt with the exchange of property. The property area needed for the new alignment exceeded the area of the original alignment. This additional area was appraised; but in-lieu of paying for this additional area, the City provided Canyon Hills a credit that Canyon Hills wanted to use towards enhancements they desired for the realigned roadway. These enhancements included median curbing (not standard In a City collector street), a lighted cross walk (similar to that installed at the Bakersfield Homeless Center) and enhanced crosswalk pavement, The City Included these Items in the realignment project, But during construction, it was determined that a separate, dedicated power source was necessary for the lighted cross walk. PG&E estimated the cost to be as much as $25,000 to provide this power source, This exceeded the amount available to Canyon Hills for the road enhancements; so Canyon Hills requested the lighted cross walk be removed from the construction work. The City now needs to pay Canyon March 25, 2010, 2:19PM Project No. T8K101 G:\GROUPDATWDMINRPT\2010\04-07\Aubum Street Realignment admin.docx KPB ADMINISTRATIVE REPORT Hills for the cost of the additional road right of way that was not used towards the roadway enhancements. The second agreement dealt with landscape installation within the median island. Upon completion of the road project, Canyon Hills requested that they be allowed to install landscaping and irrigation systems within the median islands. The City gave Canyon Hills four months to complete the landscape and irrigation work in the medians once the road project was completed; however, there were some delays with Canyon Hills getting their plans approved by Parks and Public Works Departments (but which are now approved), and so they have requested to have until September 2010 to complete this work. The final agreement dealt with the maintenance of the landscaping within the street right of way. In-lieu of fencing or other types of screening, City staff and Canyon Hills have agreed to expand the landscape areas that are to be maintained by Canyon Hills to include an area along the north side of Auburn Street near Morning Drive. This area will be landscaped to enhance screening to residences to the north of the realigned Auburn Street. Staff recommends approval of these amendments, Adequate funds have been previously budgeted to cover this work. March 25, 2010, 2:19PM Project No. TBK101 G:\GROUPDATWDMINRPT\2010\04-07Wubum Street Realignment admin.docx KPB 0 4 T A ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: , h TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD U, DATE: March 23, 2010 CITY ATTORNEY CITY MANAGER 46 SUBJECT: Amendment No. 1 to Agreement 07-223 with Psomas, ($308,470.90; for a not to exceed total of $1,609,478.90) for Engineering Design Services for the SR-178 and Morning Drive Interchange Project. (TRIP) (Ward 3) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: The SR-178 and Morning Drive Interchange Project is part of the Thomas Roads Improvement Program (TRIP). On July 18, 2007, a contract was executed with Psomas to provide preliminary engineering and prepare the Environmental Document for the SR-178 and Morning Drive Interchange Project. As part of the interchange project, the freeway for SR 178 will be extended east from Morning Drive about a mile to the Mesa Morin sports complex the City Is currently reconstructing. The initial preliminary studies and design work for this interchange was completed by Caltrans a few years ago. Their original project design would have required a major gas pipeline that is located just to the north of this segment of SR 178 to be relocated. As TRIP staff, Caltrans and Psomas continued to advance and refine the preliminary project design, it was determined that the grade of the SR 178 roadway in this area could be modified so that the relocation of this pipeline would not be needed. Not relocating this pipeline will save the project $6 to $7 million. However, the original schedule and scope of work anticipated by Psomas did not include their design effort necessary to re-engineer this road, nor the coordination necessary with Caltrans to obtain their approval of this change. This proposed amendment covers both the cost for this change, and the time necessary to accomplish Its approval. The Draft Environmental document for this project is currently anticipated to be circulated to the public and other State/Federal agencies in summer 2010. The subsequent time-frame to then obtain final environmental clearance for the project Is dependent upon the approval of this document by these various State and Federal agencies. Based on past history, the on- going coordination with these agencies and input from Caltrans, staff is anticipating that final approval should occur by late 2010. kb G:\GROUPDAT\ADMINRPT\2010\04-07\Psomas Amend 1 - Morning Drive Admin.docx ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: March 22, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Reject bids for the Annual Contract for Cold Planing. Citywide RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid were sent to approximately one hundred (100) bidders for the Annual Contract for Cold Planing. Three (3) bids were received. Upon evaluation of the bids it was determined that staff did not adequately describe the services to be provided. This resulted in bids being received that do not meet the anticipated needs of the City. Staff will revise and clarify the specifications and re-bid the items. Purchasing Division SVURMADMIMAdmin 09-10\Reject Bids - A-C Cold Planing, 09-10-46, April 7, 2010.docx A ~ + r ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas DEPARTMENT HEAD `7 Ri 4 DATE: March 25, 2010 CITY ATTORNEY A CITY MANAGER SUBJECT: Accept bid and award contract to Granite Construction ($1,478,336.00), for the Pavement Rehabilitation 2009 Phase 5 - Coffee Road from Friant Kern Canal to Riverlakes Drive/Meany Avenue; Coffee Road from Olive Drive to Norris Road (Northbound Only) (Wards 2, 3 and 4). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project consists of reconstructing the existing pavement structural section, construction of access ramps, modifying curb and gutter, striping, pavement markings and traffic signal detector loops. This project is 100% federally funded through the American Recovery and Reinvestment Act of 2009 (ARRA). The Engineer's Estimate for the construction contract for this project is $1,610,000. There are sufficient funds to award this project. On March 10, 2010, a total of four bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Granite Construction Company 585 W. Beach Street Watsonville, CA 95076 in the amount of $1,478,336.00 Griffith Company 1128 Carrier Parkway Avenue Bakersfield, CA 93308 (County) in the amount of $1,738,661.00 Bowman Asphalt 3527 Brian Way Bakersfield, CA 93308 (County) in the amount of $1,878,791.56 John Madonna Construction 12165 Los Osos Valley Road San Luis Obispo, Ca 93401 in the amount of $2,019,999.99 In July 2009, Caltrans adopted new "Race Conscious" requirements for federally funded projects, which also apply to this ARRA funded project. A formula provided by the State of California was used to calculate the required percentage of 11% for Underutilized Disadvantaged Business Enterprises (UDBE) to be used as subcontractors on this contract. The City held a mandatory pre-bid meeting for all of the preapproved contractors allowed to bid on this project. During that meeting, the importance of putting forth a good faith effort to meet the predetermined goal by soliciting UDBE's was emphasized to NSG pw/design engineeringrrOK226 March 25, 2010, 9:04AM G:\GROUPDAT\ADMINRPT\2010\04-07\Pavement Rehabilitation 2009 Phase 5-Coffee Road.doc ADMINISTRATIVE REPORT each contractor in attendance. It was also stressed to the contractors that they need to provide to the City appropriate documentation indicating such good faith efforts were performed allowing each UDBE sufficient time to respond to the solicitations. Each contractor on the preapproved bidders list was required to attend said meeting in order to bid on this project; if they did not attend the mandatory pre- bid meeting, they forfeited their chance to bid this project. The low bidder, Granite Construction, submitted documentation supporting that they met the UDBE goal. Their bid was, therefore, deemed acceptable. NSG pw/design engineering/TOK226 March 25, 2010, 9:04AM G:\GROUPDAT\ADMINRPT\2010\04-07\Pavement Rehabilitation 2009 Phase 5-Coffee Road.doc 014 F a ADMINISTRATIVE REPORT F MEETING DATE: April 7,2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD DATE: March 23, 2010 CITY ATTORNEY n CITY MANAGER ~J SUBJECT: Metropolitan Medical Response System (MMRS) FY 2009 Grant: 1. Accept Federal grant for $321,221 FY2009 MMRS Grant 2. Appropriate $32,212 Federal Grant Revenue to the Fire Department Operating Budget within the MMRS Fund RECOMMENDATION: Staff recommends approval. BACKGROUND: The FY 2009 Federal MMRS Grant for the City of Bakersfield is administered by the Governor's Office of Homeland Security (OHS) with the funding passing through the County of Kern's Operational Area. The performance period is from September 30, 2009 through April 30, 2012. These grant awards provide major funding to further enhance and maintain preparedness for local response to high-casualty events. There are three parts to this grant award. The planning section contains $160,000 for the Bakersfield Fire Department's Administrative Battalion Chief. That appropriation is not needed because it is already in the Fire Department's operating budget. There is $129,009 in the equipment section which includes $74,000 for portable radios/mobile repeaters and $55,000 in search/rescue equipment. This will not be appropriated because Kern County will do the purchasing of this equipment. The City will receive this equipment and place it into service. The training section contains $32,212 for paramedic training and continuing education. March 25, 2010, 10:17AM S:\SUSAMAdmin Report Word\MMRS 2009.doc A ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD I? 15t,~ DATE: March 24, 2010 CITY ATTORNEY # CITY MANAGER SUBJECT: Budget Appropriation for Rosedale Hwy Widening Design Phase (TRIP) (Ward 2 & 4) 1. Appropriate $1,327,950 Federal Grant revenue (Safetea-Lu NCIIP) to the Public Works capital improvement budget within the TRIP special revenue fund. 2. Appropriate $2,612,348 Federal Grant revenue (IS-TEA) to the Public Works capital improvement budget within the TRIP special revenue fund. 3. Appropriate $825,050 Traffic Development Fund balance for local match to the TRIP project. RECOMMENDATION: Staff recommends approval of appropriations. BACKGROUND: The TRIP Rosedale Hwy Widening project will widen Rosedale Hwy from four to six lanes between Hwy 99 and Allen Road. On February 27, 2006, the City received authorization to proceed (E-76) from Caltrans on the environmental phase of the project. The City has received two additional E-76's to proceed with the design phase of the project. On April 2nd 2009, the House of Representatives sent a memo identifying $2.6 million of Intermodal Surface Transportation Efficiency Act (IS-TEA) funds available for SR 58 Operation Improvements. These funds can be used on the TRIP Rosedale Hwy Widening project. At the time the City requested KernCOG to modify the 2009 FTIP to add these funds for the City to use, and to submit a request to Caltrans to authorize the use of these funds for preliminary engineering. The City obtained that authorization on February 27, 2010. At this time, City staff would like to appropriate these funds to the Public Works capital improvement budget within TRIP. Additionally, IS-TEA money has a cost split of 80% Federal and 20% Local. Therefore, an additional $653,000 would need to be appropriated from the TDF TRIP local match fund to the Rosedale Hwy Widening project. Concurrently, City staff requested an additional $1.5 million of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) funds be authorized to provide enough funds to complete the preliminary engineering work for the Rosedale Hwy Widening project. City staff would like to appropriate these funds to the Public Works capital improvement budget within TRIP. Additionally, SAFETEA-LU money has a cost split of 88.53% Federal and 11.47% Local. Therefore, an additional $172,050 would need to be appropriated from the TDF TRIP local match fund to the Rosedale Hwy Widening Project. (tl) March 25, 2010, 9:34AM V:\TERWRIPWdmin reports\Rosedale design.doc c5 A 1C D ' O nrwarS A ADMINISTRATIVE REPORT .!llr 0 Ngv :,,:ri~rNmu MEETING DATE: May 7, 2010 AGENDA SECTION: Consent Calendar ITEM: b,,5. TO: Honorable Mayor and City Council APPROVED FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD DATE: April 26, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $9,500.00 State Grant Revenues (FY2009-10 Minor Decoy and Shoulder Tap - Mini-Grant Program from the State Office of Alcoholic Beverage Control) to the General Fund Police Operating Budget, to fund overtime for the BPD vice division to conduct minor decoy and shoulder tap operations. RECOMMENDATION: Staff recommends approval of the proposed appropriation. BACKGROUND: The Bakersfield Police Department has been awarded a grant from the State of California Office of Alcoholic Beverage Control (ABC) in the amount of $9,500.00 to conduct minor decoy and shoulder tap operations. These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The purpose of this project is to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, and to reduce youth access to alcoholic beverages through enforcement intervention. \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 09-101ADMIN RPT - (12-16-09) 2009 OTS CLICK-IT-OR-TICKET GRANT (CT10027).doc 3/24/2010 4:25 PM Page 1 of 1 A ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Closed Session ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Vd- DATE: March 26, 2010 CITY ATTORNEY V&- CITY MANAGER iW SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Three cases). • Marc Hailing v. City of Bakersfield KCSC Case No. S-1500-CV-266789 DRL • Home Builders Association v. City of Bakersfield KCSC Case No. S-1500-CV-267954 LHB • Bakersfield Police Officers Association v. City of Bakersfield KCSC Case No. S-1500-CV-267165 NFT VGAsc S:\COUNCIL\CI Sess\Admins\09-10\4-7-IOExistLit.doc ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Closed Session ITEM: q b TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: March 26, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6. VG:Isc S:\COUNCIL\CI Sess\Admins\09-1 0\4-7- 1 UaborNeg.doc of A ADMINISTRATIVE REPORT MEETING DATE: April 7, 2010 AGENDA SECTION: Hearings ITEM: 1 Z, a TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD rDATE: March 22, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution ordering the vacation of a portion of a 10' wide Public Utilities Easement containing 930 square feet, located at 2935 Oswell Street. (Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request to vacate that portion of a 10' wide Public Utilities Easement recorded in Book 3375, Pages 657-659, that lies within Parcel A of Parcel Merger 07-0797, containing 930 square feet, located at 2935 Oswell Street, Utilities within this easement have been relocated to different locations and therefore this easement is no longer needed, The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report, Public Works notes that there are no.., City sewer and storm drain facilities in the vacating area. The utility companies serving the area have been notified by mail. There has been no objection as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has received no objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on February 24, 2010 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402, It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No, 1659 declaring intention to order said proposed easement vacation was adopted by City Council at the regular meeting of March 10, 2010. Notice of this public hearing has been duly advertised and posted as required by law. March 22, 2009, 8:59:29 AM S:\Street Vocaflons\Oswell St 2935\Admin Report - Final Hearing.doc BA ° ADMINISTRATIVE REPORT 0 MEETING DATE: April 7, 2010 AGENDA SECTION: Hearings ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: March 31, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Impasse Hearing for Police Labor Negotiations Pursuant to BMC 2.76.13 . RECOMMENDATION: Staff recommends Council remove and reject all labor negotiating offers and demands between the City and the Bakersfield Police Bargaining Unit. BACKGROUND: Negotiations with the Bakersfield Police Officers Association (BPOA) for a new Memorandum of Understanding began in August of 2007. Negotiations continued through the first quarter of 2009. In November of 2008, the City made a proposal characterized as a "Last Best & Final Offer" to BPOA, and BPOA rejected it. In January of 2009, BPOA presented a proposal it designated as its "Last Best & Final Offer" to the City. On February 25, 2009, the City rejected BPOA's "Last Best & Final Offer." Mediation was tried and was unsuccessful. As a result of deteriorating financial conditions (described below in detail), the City is no longer in a position to renew its "Last Best & Final Offer." Pursuant to Section 2.76.130 (Resolution of Impasses) of the Municipal Code, and pursuant to the direction of the Kern County Superior Court, in a ruling issued January 29, 2010 and ordered February 19, 2010 (a copy of which is attached) the City Council will conduct a hearing on the merits of the apparent impasse in negotiations and thereafter issue a determination as set forth in Section 2.76.130 of the Municipal Code. Overview of Deteriorating Financial Conditions: The City has been dealing with the results of a poor national, state, and local economy for the past several years. Sales tax revenues have been in decline for the past three years, with significant declines in 12 of the past 13 quarters, as compared to the same quarter of the prior year. Property tax revenues have also declined 10% from the previous year due to reduced property values. Beyond sales and property tax revenue declines, the City has been impacted by severe reductions in permit and inspection revenues as well as declines in Transient Occupancy Tax revenues (see attached graphs). SASteve Teglia\Human Resources\Police Union\Admin for BPOA Impasse.docx ADMINISTRATIVE REPORT To make matters worse, as the City struggled to deal with this new reality, the State of California captured just over $6.7 million in property tax revenues from the City and an additional $2.7 million in Redevelopment Agency funds to help deal with the State's budget shortfalls. On top of this, the City was recently informed by the California Public Employees' Retirement System that the City's costs will increase by $7.5 million over a three-year period beginning in FY 2011-12 (see attached letter). This increase is due to the significant investment losses realized by CalPERS as a result of the sluggish economy. While all of the above mentioned issues have adversely impacted the City's financial wellbeing, we continue to brace ourselves for pending future State action, as the State continues to avoid dealing with a $20-plus billion structural budget deficit. The potential capture of Gas Tax revenues and other "creative" maneuvers by the State have the potential to deal a further blow to our already tenuous budget situation. Due to these circumstances the Council made multiple mid-year budget adjustments on January 27, 2010 and also passed a Resolution Declaring a State of Severe Fiscal hardship on February 17, 2010 (copies of both are attached). Budaet Impacts to Date: Below is a summary of the budget impacts that have occurred to date: • 161 positions already eliminated; • 36-50 additional positions slated for elimination in FY 2010-11 budget (this is approaching 15% of the General Fund) -1 Department Head -2 Assistant Department Heads -Division Manager of Human Resources -Deputy City Clerk; • 35-70% of the Street Resurfacing Program; • Very limited capital projects; • Elimination of most travel, training, overtime and promotions, and • Extension of the use of all equipment - vehicles, computers and phone system; • Support for cultural activities -Beale Band Concert -Bakersfield Symphony Orchestra; • Poorer quality of services -Longer wait times for all City services -Less depth in staffing levels; • Pay increases; and • Balances in nearly all accounts reduced. For your reference, staff has attached to this Administrative Report several documents to provide greater detail of the items discussed above: 1. February 19, 2010 Kern County Superior Court Ruling; 2. Several graphs illustrating various revenue declines; 3. January 27, 2010 mid-year budget adjustments; 4. February 17, 2010 Resolution of Severe Fiscal Hardship; 5. Memo and letter from CalPERS regarding rate increases. SASteve Teglia\Human Resourcesftlice Union\Admin for BPOA Impasse.docx BA E O~~CORTORAT~~'S~ BAKERSFIELD CITY COUNCIL U ~ p MINUTES MEETING OF MARCH 24, 2010 9LIF0 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Scrivner, Councilmembers Carson, Benham, Weir, Couch (seated at 5:25 p.m.) Hanson, Sullivan Absent: None. City Manager Tandy made comments regarding adding an item to the Agenda. Motion by Vice-Mayor Scrivner to add the following item to APPROVED the Agenda that arose after the Agenda was posted and AB COUCH requires action tonight, as Consent Calendar Item 8.y.: 8. CONSENT CALENDAR Miscellaneous: Y. Quiet Zone on the Burlington Northern Santa Fe (BNSF) Rail Corridor, Mojave Subdivision, from State Route 99 to Sumner Street: 1. Grade Crossing Signal and Surface Removal Agreement with BNSF Railroad ($230,251) for the closure of the Highway/Rail crossing at Beale Avenue. 2. Grade Crossing Signal and Surface Removal Agreement with BNSF Railroad ($168,355) for the closure of the Highway/Rail crossing at Gage Street/21st Street. 3. Transfer $398,606 from a budgeted Capital Improvement Project (Replacement of City Phone System) to the Public Works Capital Improvement Budget within the Capital Outlay Fund for Quiet Zone Project. Bakersfield, California, March 24, 2010 - Page 2 2. INVOCATION by Pastor John Scoggins, Rosedale Bible ACTION TAKEN Church. 3. PLEDGE OF ALLEGIANCE by Niki Lynn Hallmark, 2nd grade student at Sandrini Elementary School. Mayor Hall recognized the political science class students from Bakersfield College in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Judy Normoyle declaring April 2010, National Donate Life Month. Ms. Normoyle accepted the Proclamation and made comments; and Kelly Sorrow and Abel Hernandez also made comments. b. Presentation by Mayor Hall of a Proclamation to Maggie Cushine declaring March 20-27, 2010 National Boys and Girls Club Week. Jason Cohen, President of the Board of Directors of the Boys and Girls Club, accepted the Proclamation, on behalf of Maggie Cushine, and made comments. 5. PUBLIC STATEMENTS a. Daryl Thiesen, Susan Wiggins, Debra Leary, Annaka Torres, and Charla Wilkins, representing the Tobacco Free Coalition of Kern, spoke regarding illegal sales of tobacco products to minors and asked the City Council to reconsider the issue of instituting a tobacco retail permit ordinance which mirrors the County's ordinance; and submitted written material. Councilmember Sullivan referred this matter to the APPROVED Legislative and Litigation Committee to review what the County is doing to address underage tobacco sales. 6. WORKSHOPS None. Bakersfield, California, March 24, 2010 - Page 3 7. APPOINTMENTS ACTION TAKEN a. One appointment to the Historic Preservation Commission due to the expiration of term of Scott Fieber, whose term expires March 30, 2010. City Clerk Gafford announced applications were received from incumbent Scott Fieber and Katherine Faulkner. Mayor Hall explained the ballot process, and ballots were distributed. City Clerk Gafford announced the individual who received the most votes was Scott Fieber. Motion by Vice-Mayor Scrivner to ratify the APPROVED reappointment of Scoff Fieber as a Member of the Historic Preservation Commission to a 3-year term, expiring March 30, 2013. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 10, 2010 Regular City Council Meeting. Payments: b. Approval of department payments from February 26, 2010 to March 11, 2010 in the amount of $16,279,621.19 and self-insurance payments from February 26, 2010 to March 11, 2010 in the amount of $210,519.99. Ordinances: C. First Reading of the following Ordinances: REMOVED FOR 1. Amending Chapter 16.28 (Design CONSIDERATION Standards) of Title 16 (Subdivisions) of the Municipal Code to incorporate specific design criteria for new development in Northeast Bakersfield. Bakersfield, California, March 24, 2010 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.c. continued 2. Amending Chapter 17.08 (General Regulations), Chapter 17.25 (Central Business Zone), Chapter 17.26 (Commercial Center Zone), Chapter 17.61 (Landscape Standards), and adding Chapter 17.71 (Outdoor Lighting) of Title 17 (Zoning) of the Municipal Code to incorporate specific design criteria for new development in Northeast Bakersfield. Resolutions: d. Resolution confirming approval by the Assistant RES 032-10 City Manager 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. e. Resolution approving application proposing RES 033-10 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 626 consisting of 33.68 acres located along the south side of Taft Highway, on the east and west side of Compagnoni Street. RES 034-10 f. Resolution authorizing filing of application verifying that sufficient funds are available and that all other matters requisite to awarding the contract for the Grade Separation on Mohawk Street at the Burlington Northern and Santa Fe Railway Tracks will be undertaken. (TRIP) g. Emergency repairs to sewer main near the intersection of 32nd and H streets: RES 035-10 1. Resolution dispensing with bidding procedures due to emergency sewer repairs, not to exceed $200,000. 2. Appropriate $200,000 Sewer Enterprise Fund Balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Capital Improvement Budget to fund said emergency repairs. Bakersfield, California, March 24, 2010 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN h. Amendment No. 3 to Resolution No. 170-94 RES 170-94(3) approving the destruction of certain obsolete city records, documents, instructions, books and papers, pursuant to Section 34090 et seq. of the Government Code - City Clerk's Office. i. Resolution of Intention No. 1660 to order the ROI 1660 abandonment of excess street dedication on Newquist Drive and North Gate Drive. Agreements: j. Final Tract Map and Improvement Agreements AGR 10-032 with International Brotherhood of Electrical Workers, Local 428, for Parcel Map 11866 located south of N. Sillect Avenue and east of Arrow Street. k. Agreement with Marderosian, Runyon, et al AGR 10-033 ($750,000 for FY 10/ 11, 11 / 12 & 12/13 and, $875,000 for FY 13/14 & 14/15) for outside legal services. 1. Agreement with William Avery & Associates, Inc. AGR 10-034 (not to exceed $99,600, including expenses) for negotiation and consultant services in employer-employee relations for two years. A GR 09-075 M. Contract Change Order No. 6 to Agreement 0006 No. 09-075 with Griffith Co. ($67,636.50; revised not to exceed $3,948,344.52) for the Street Improvements along Stockdale Highway from Country Club entrance to Ashe Road and Village Lane to Weatherly Drive Project. Bids: AGR 10-035 n. Accept Base Bid and Additive Alternate No. 1 and award contract to Security Paving Co. ($4,558,723.80) for the Pavement Rehabilitation 2009 Phase 4 - Ming Avenue from Gosford Road to New Stine Road Project. o. Accept bid and award annual contract to AGR 10-036 Loop Electric, Inc. (not to exceed $52,250) for vehicle loop cutting. AGR 10-037 p. Accept bid and award annual contract to Lamont Fence Co. (not to exceed $301,854) for installed fencing. Bakersfield, California, March 24, 2010 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN q. Accept bid and award annual contract to AGR 10-038 Torres Fence Co., Inc. (not to exceed $41,833.86) for fencing materials. r. Roof Replacements at Fire Station Nos. 1 and 6 Project: 1. Accept bid and award contract to AGR 10-039 Graham Prewett, Inc. ($83,000) for project. 2. Approve transfer of $10,000 savings from capital project (Fire HVAC) to the Fire Department Capital Improvement Budget within the Capital Outlay Fund for the project. Miscellaneous: S. Department of Housing & Urban Development (HUD), Community Development Block Grant, Neighborhood Stabilization Program Action Plan Amendment No. 11 (FY08/09) to reprogram funds from planning and administration to the Direct Homeownership Assistance Program. t. State of California Education Revenue Augmentation Fund (SERAF) transfer ($1,700,000) for FY09/10: 1. Appropriate $240,200 from the Downtown Redevelopment Project Area Fund Balance to the Operating Budget within the Downtown Redevelopment Project Area Fund. 2. Appropriate $240,000 from the Old Town Kern Redevelopment Project Area Fund Balance to the Operating Budget within the Old Town Kern Redevelopment Project Area Fund. U. Appropriate $33,000 assessment fines revenue to the Countryside/The Homestead/Cherry Hill/Olive Park II Assessment District (AD 04-1) Operating Budget for legal fees associated with collection efforts. Bakersfield, California, March 24, 2010 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN V. Appropriate $10,657 developer share of project cost to the Public Works Department Operating Budget within the Development Services Fund for sewer capacity study related to the development of Parcel Map 10717 located south of Emerson Way, east of Wible Road and west of SR 99. W. Appropriate $10,212 County Grant Revenues (HIDTA) to the Police Department Operating Budget within the General Fund toward the cost of surveillance equipment. REMOVED FOR X. Request for Qualification (RFQ) Guidelines for SEPARATE Tow Service Contracts. CONSIDERATION Y. Quiet Zone on the Burlington Northern Santa Fe (BNSF) Rail Corridor, Mojave Subdivision, from State Route 99 to Sumner Street: 1. Grade Crossing Signal and Surface AGR 10-040 Removal Agreement with BNSF Railroad ($230,251) for the closure of the Highway/Rail crossing at Beale Avenue. 2. Grade Crossing Signal and Surface AGR 10-041 Removal Agreement with BNSF Railroad ($168,355) for the closure of the Highway/Rail crossing at Gage Street/21 It Street. 3. Transfer $398,606 from a budgeted Capital Improvement Project (Replacement of City Phone System) to the Public Works Capital Improvement Budget within the Capital Outlay Fund for Quiet Zone Project. Councilmember Hanson requested Item 8.x. be removed for separate consideration. Councilmember Weir requested item 8.c. be removed for separate consideration. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8.y., with the removal of items 8.c. and 8.x. for separate consideration. Bakersfield, California, March 24, 2010 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN C. First Reading of the following Ordinances: 1. Amending Chapter 16.28 (Design Standards) of Title 16 (Subdivisions) of the FR Municipal Code to incorporate specific design criteria for new development in Northeast Bakersfield. 2. Amending Chapter 17.08 (General Regulations), Chapter 17.25 (Central FR Business Zone), Chapter 17.26 (Commercial Center Zone), Chapter 17.61 (Landscape Standards), and adding Chapter 17.71 (Outdoor Lighting) of Title 17 (Zoning) of the Municipal Code to incorporate specific design criteria for new development in Northeast Bakersfield. Councilmember Weir thanked former staff and current staff for their work on the ordinances. Motion by Councilmember Weir to adopt APPROVED Consent Calendar item 8.c. X. Request for Qualification (RFQ) Guidelines for Tow Service Contracts. Councilmember Hanson submitted an updated RFP/RFQ for Council's consideration and reviewed some of the changes within the document. Motion by Councilmember Hanson to adopt APPROVED Consent Calendar item 8.x. and accept the NOES BENHAM, WEIR updated/redlined RFP/RFQ for the tow service contracts and amend the requirement of response time from 20 minutes to 30 minutes. 9. CLOSED SESSION a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1)/54957.6. APPROVED Motion by Vice-Mayor Scrivner to adjourn to Closed Session at 6:08 p.m. APPROVED Motion by Councilmember Weir to adjourn from Closed Session at 6:56 p.m. Bakersfield, California, March 24, 2010 - Page 9 RECONVENED MEETING AT 7:01 p.m. ACTION TAKEN 10. CLOSED SESSION ACTION CITY MANAGER a. Public Employee Performance Evaluation - City RECEIVED A Manager; Closed Session pursuant to FAVORABLE Government Code Section 54957(b)(1)/54957.6. EVALUATION Mayor Hall announced the evaluation for the City Manager has been conducted and concluded, and a very favorable evaluation took place. 11. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Resolution ordering RES 036-10 the vacation of the northerly 3.5' of the 10' flowage easement on Parcel 1 of amended Parcel Map No. 11220 located at 4815 Panama Lane. (Staff recommends adoption of resolution.) b. Public Hearing to consider Resolution adopting RES 037-10 fees pursuant to the Cost Recovery System (Master Fee Schedule). (Staff recommends adoption of resolution.) RES 138-09(1) C. Public Hearing to consider Resolution modifying Underground Utility District No. 2, Division 33 (California Avenue - S Street to Union Avenue). (Staff recommends adoption of resolution.) d. Public Hearing to consider a Resolution authorizing the City to join the CaliforniaFIRST Solar and Energy Efficiency Lending Program (AB81 1): 1. Adopt Resolution authorizing the RES 038-10 California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the City; and authorizing related actions. 2. Appropriate $20,000 State Grant Revenues to the Non-Departmental Budget within the General Fund to pay for the City's share of costs associated with joining the CaliforniaFIRST Program. (Staff recommends adoption of the resolution and approval of the appropriation.) Bakersfield, California, March 24, 2010 - Page 10 11. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN Consent Calendar Public Hearings opened at 7:03 p.m. Dennis Fox spoke regarding Consent Calendar Public Hearing item 11.d. Consent Calendar Public Hearings closed at 7:06 p.m. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar Public Hearing items 11.a. through 11.d. 12. HEARINGS None. 13. REPORTS a. Mid-Year Budget Report and Adjustments. Management Assistant Kirkwood presented the report and made staff comments. City Manager Tandy made comments, pointing out the adjustments are time sensitive. Councilmember Benham asked staff to prepare a fact sheet regarding what the cost would be to save the band concerts this summer and possibly get the community involved to sponsor the Beale Park band concerts. Motion by Councilmember Couch to accept the APPROVED report and implement the necessary actions. 14. DEFERRED BUSINESS None. 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS In response to questions from Councilmember Hanson regarding a letter to John Nilon and the sanitary landfill closure, City Manager Tandy advised the money will come out of the Sanitation Enterprise Fund and will cost between $4 million and $6 million. Bakersfield, California, March 24, 2010 - Page 11 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN In response to questions from Councilmember Hanson, Recreation and Parks Director Hoover provided an update regarding Greystone Park, with an anticipated completion date by Fall. Councilmember Couch provided referrals to City Clerk Gafford. Mayor Hall commended the Recreation and Parks Department for its efforts in providing outstanding recreational opportunities for the citizens of our community; and he announced the Great American Cleanup is April 17th, with 5,000 participants currently registered, and the Green Expo, with 46 vendors, taking place on the some day. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 7:46 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield