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HomeMy WebLinkAbout02/02/11_ CC_AGENDA_PACKET"tit BAKERSFIELD CITY COUNCIL AGENDA MEETING OF FEBRUARY 2, 2011 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Rabbi Schlanger, Chabad of Bakersfield. 3. PLEDGE OF ALLEGIANCE by Jason Jimenez, 1 st grade student at Frank West School. 4. WORKSHOPS (10 min) a. Update on Capital Improvement Program Budget. (Raul Rojas Public Works Director) 5. PRESENTATIONS a. Presentation by Mayor Hall of Certificates of Appreciation to Nancy Vibe and John McAfee acknowledging their efforts In graffiti removal for their Northeast neighborhoods. b. Presentation by Mayor Hall of Proclamation to Fire Chief Doug Greener, declaring February, 2011, Safely Surrendered Baby Month. C. Presentation by Vice-Mayor Couch of Proclamation to John Surface, Operations Division Manager, Hall Ambulance, honoring the 40th Anniversary of Hall Ambulance Service. 6. PUBLIC STATEMENTS 7. APPOINTMENTS (Ward 1,3,4,7) a. Appointments of 4 Regular Committee Members and 4 Alternate Committee Members to the Keep Bakersfield Beautiful Committee, due to the expiration of terms of Isaiah Crompton and Jonathan Webster (Ward 1); Leah Kay Carter and Margaret Maier (Ward 3); Lyle Martin and Dorothy Vokolek (Ward 4); and Kelly Bishop and Sheryl Graab (Ward 7). Staff recommends Council determination. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 12, 2011 Regular City Council Meeting. Payments: b. Approval of department payments from December 30, 2010 to January 20, 2011 in the amount of $20,363,915.40 and self-insurance payments from December 30, 2010 to January 20, 2011 in the amount of $800,367.74. 8. CONSENT CALENDAR continued Ordinances: (Ward 7) c. Adoption of Ordinance amending Municipal Code Section 1. 12.070 by adding Annexation No. 613 consisting of 6.36 acres located south of McKee Road, between Highway 99 and Ellashosh Street, and, Annexation No. 626 consisting of 33.68 acres located along the south side of Taff Highway, west of Highway 99, east and west of Compagnonl Street to Ward 7. (FR 01/12/11) Resolutions: d. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorize collection of the assessments by the Kern County Tax Collector. e. Resolution approving transportation plan for the evacuation of people with access and functional needs. f. Resolution to add territory, Area 5-61 (4505 Hughes Lane) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) g. Resolution of Intention No. 1686 to add territory, Area 2-46 (4701 Stine Road) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. h. Amendment No. 7 to Agreement No. 97-39 with California Public Employees' Retirement System (CaIPERS). 1. Resolution of Intention to approve an amendment to the contract with California Public Employees' Retirement System. 2. First Reading of Ordinance authorizing an amendment to the contract with the Board of Administration of the California Public Employees' Retirement System to provide Section 21548 (Pre-retirement Option 2W Death Benefit) for local fire members and Section 20475 (Different Level of Benefits); Section 21362 (2% @ 50 Full Formula) and Section 2037 (Three Year Final Compensation) for local safety members entering membership for the first time in the safety classification after the effective date of this amendment. Agreements: (Ward 3) i. Kern River Parkway: Agreement with Norcal Holding and Management ($177,600) to purchase real property located at 4301 Chester Avenue for the Kern River Parkway. 2. Appropriate $180,000 Agricultural Water Fund Balance to the Water Resources Department Capital Improvement Budget. (Ward 3-7) j. Agreement with Wilson & Associates (not to exceed $109,200) to provide continuing disclosure services for various Special Assessment Districts. City Council Meeting of 02/02/2011 8. CONSENT CALENDAR continued Agreement with Kenneth Mebane Ranches ($1,000 per month) to lease real property located north of Highway 178 and south of Rancheria Road for a radio communications facility. Agreement with The Omega Group ($89,890) to install, customize and provide support for the Crimeview Crime Analysis Software. (Ward 2) M. Agreement with Jeff Wanamaker, James L. Leonhard and Robin C. Leonhard; Masonic Homes of California; John R. Mathie; Marshall Plan, Ltd.; Edwin Leroy Tolles; Mary Anne Garner Frisone; James E. Munson and Cherron G. Munson; Gayle Garner Roski; Patricia Burns Gebhardt; Charles B. Randall; Judy Shultis Steffens; Clarita J. Schultis; James A. Shultis; Kerminette S. Bonney; Annetta S. Lee; Annetta Lee; Kerminette S. Bonney and George W. Bonney, II; Tucker Garner; Janette Garner, Charles W. Bozarth and Anne Lane Bozarth; Tomi Bioemer, Optomists Boys Home and Ranch; Northern Trust; RRR Custody; Ralph B. Tippet, Cornelia M. Bell; Laurie Link Wallace; and, Robert James Rudolph ($4,150,000) for Westside Parkway - Phase 4 (Truxtun Tie-in) Project. (TRIP) (Ward 2) n. Agreement with Sacramento River Ranch, LLC ($348,000) for the purchase of conservation credits which is required for the construction of the Westside Parkway - Phase 4 (Truxtun Tie-in) Project. (TRIP) Bids: (Ward 4) o. Accept low bid and award contract to MGE Underground, Inc. ($4,644,222.40) to construct the Westside Parkway - Phase 6A (Utility Relocation) Project in preparation for the Phase 6B (Allen Road Interchange) Project. (TRIP) (Ward 7) p. Traffic signal and lighting system installation at Hosking Avenue and Wible Road project: 1. Accept bid and approve contract to Granite Construction Co. ($240,976.50) for the project. 2. Appropriate $50,000 Transportation Development Fund balance to the Public Works Department Capital Improvement Budget. q. Accept bid from Lehr Auto Electric ($270,742.50) for 200 Panasonic vehicle mounted display and keyboards for the Police Department. r. Four door police special sedans for the Police Department: 1. Accept bid from Jim Burke Ford ($675,628.51) for 30 replacement four door police special sedans. 2. Appropriate $881,630 Equipment Management Fund Balance to the Public Works Operating Budget within the Equipment Management Fund to purchase and outfit sedans. Miscellaneous: S. Revised job specifications for Deputy City Attorney I, Deputy City Attorney II and Service Maintenance Worker. City Council Meeting of 02/02/2011 8. CONSENT CALENDAR continued t. Appropriate $600,000 CalHome Grant Funds to the Economic and Community Development Operating Budget within the CalHome Program Fund for a City-wide Downpayment Assistance Program for income eligible homebuyers. U. Appropriate $27,438 Federal Grant Revenue and $7,431 Fund Balance to the Fire Department Operating Budget within the Metropolitan Medical Response System (MMRS) Fund. Staff recommends adoption of Consent Calendar items 8.a. through 8.u. 9. CONSENT CALENDAR PUBLIC HEARINGS 10. HEARINGS 11. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Canyons, LLC, et al v. City; KCSC Case No. S-1500-CV-260175 AEW, 5m District Court of Appeals No. F053439. 2. John M. Tarabino, et al v. City; KCSC Case Bi, S-1500-CV-257620 SPC. RECESS TO CLOSED SESSION 12. CLOSED SESSION ACTION 13. REPORTS a. Review of retiree medical liabilities and annual valuation report. No action required. 14. DEFERRED BUSINESS 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 1/27/11 12:30pm 4 City Council Meeting of 02/02/2011 AGENDA HIGHLIGHTS February 2, 2011 COUNCIL MEETING REGULAR MEETING - 5:15 a.m. WORKSHOPS Public Works staff will present a brief mid-year update on the City's Capital Improvement Program. APPOINTMENTS There will be eight appointments to the Keep Bakersfield Beautiful Committee, four regular committee positions and four alternate committee positions. Nominations for one regular member and one alternate member will be presented by each of the Councilmembers from Wards One, Three, Four, and Seven for consideration and approval by a majority vote of the entire Council. CONSENT CALENDAR Resolutions Item 8h. Resolution of Intention and First Readina of Ordinance to implement Chanaes to the PERS Contract. This Is a procedural action, required by CalPERS, so that the City can implement changes to CalPERS Contract 97.39, based on prior Council action and the results of the November 2, 2010 General Election. On September 22, 2010, the City Council approved the Pre-Retirement Option 2W Death Benefit for members of the Firefighters and Engineers Unit and the Fire Supervisory Unit. This benefit allows the spouse or registered domestic partner of a deceased member who was eligible to retire from service at the time of death to elect to receive the Pre-Retirement Option 2W Death Benefit, in lieu of the lump sum Basic Death Benefit. This change was agreed upon in negotiations. In addition, on November 2, 2010, Measure D was passed which requires all City of Bakersfield sworn public safety employees, hired after January 1, 2011, to receive a retirement formula of 2% @ 50, based on the average monthly pay rate during the 36 highest paid consecutive months. CaiPERS requires that the City adopt a Resolution of Intention to amend the contract and have the first reading of the Ordinance authorizing the amendment at least 20 days prior to the final adoption of the Ordinance. The second reading and adoption of the Ordinance is scheduled for the March 9, 2011 City Council meeting. Agreements There are two agreements (8m. and 8n.) and one bid item (8o.) related to the Westside Parkway (TRIP) Project: Item 8m. Settlement Aareement with multiple parties for acouisition of needed properties. At the December 15, 2010 meeting, the City Council approved the acquisition of 55 acres located on the east side of Mohawk and south of Rosedale Highway for the Westside Parkway project. On this agenda is a similar agreement for the purchase of an additional 57 acres located on both sides of Truxtun Avenue between Mohawk and the railroad underpass, It will comprise the eastern terminus of the Westside Parkway. This agreement is with the some multiple parties Included In the prior purchase, each having a fractional interest, ranging from approximately 35% to less than 1%. The total negotiated purchase price is $4,150,000, representing the fair market value of the property, and funding Is from State and local transportation funds. Item 8n. Agreement for purchase of conservation credits due to the loss of habitat for the Valley Elderberry Longhorn Beetle. Phase 4 of the Westside Parkway Project adversely impacts a species of beetle that Is federally listed. In order to construct the project, the City is required to purchase conservation credits to compensate for the loss of the beetle habitat. This purchase agreement, for $348,000, is with the Sacramento River Ranch, LLC. They are the developers of the River Ranch Conservation Bank in Yolo County, which has been approved by the U.S. Fish and Wildlife Service to offer the conservation credits for sale. State and local transportation funds have been budgeted for these costs. This was the least expensive of the alternates available to us. Bids Item 8o. Accept Bid and Award Contract to MGE Underground, Inc. for the Westside Parkway Phase 6A Project (Utility Relocation). This project Is the necessary pre-cursor to the construction of the Allen Road Interchange, which will be Phase 6B. The scope of work for these various utility relocations includes a series of projects: relocation of waterline and sewer main line, abandonment of the existing pipelines, constructing a concrete box culvert, realigning a canal that supplies the adjacent Rosedale-Rio Bravo Water Storage District recharge operations, and realigning an area of Allen Road. The advantages of constructing the Allen Road Interchange at this stage of the Westside Parkway Project eliminates what would have been some future "throw away" costs and will allow for less traffic disruption on both the Westside Parkway and Allen Road when future construction to extend the freeway further west takes place. Six acceptable bids were received; staff recommends award of the low bid to MGE Underground, Inc., in the amount of $4,644,222.40. Local transportation funds have been budgeted for this project. Item 8p. Accept Bid and Award Contract to Granite Construction Company for a Traffic Signal and Lighting System at Hosking Avenue and Wible Road. This project includes a complete traffic signal and lighting system, modification of pavement markings and striping, reconstruction of access ramps to meet current ADA requirements, and minor roadway widening. Five bids were received, with two being acceptable. Staff recommends award of the low bid to Granite Construction in the amount of $240,976.50. This Item also Includes a request to appropriate $50,000 in Transportation Development Fund balance to the Public Works Capital Improvement budget to fund other associated costs, Including potential change orders, In-house inspection services, and soil testing services. Item Sr. Accept Bid from Jim Burke Ford for 30 Replacement Four Door Police Special Sedans. This Item Is for the replacement of 30 black and white sedans that have excessive mileage. Due to the long lead time related to production and delivery of these vehicles, staff is requesting City Council approval to purchase these replacements before the next budget year. In addition, ordering the current year model will result In a savings of $150,000, based on the cost estimate for next year's model. Five bids were received (all acceptable) from a solicitation of over 200 suppliers. Staff recommends award of the low bid to Jim Burke Ford in the amount of $675,628.51. This Item also Includes a request for appropriation of $881,630 from the Equipment Agenda Highlights - February 2, 2011 Council Meeting Page 2 Management Fund Balance to the Public Works Operating Budget within the Equipment Management Fund to cover the purchase of the vehicles, as well as light bars and related equipment and equipment set up costs. MISCELLANEOUS Item 8t. Appropriation of CalHome Grant Funds for a City-Wide Downpayment Assistance Proargm. In 2007, the RDA received o $600,000 grant from the State Housing and Community Development Department (HCD) to provide downpayment assistance to first-time, low income homebuyers purchasing a home in the Baker Street Village project. However, Baker Street Village has since been converted to a rental project to be owned by the Housing Authority of Kern County. HCD has approved an amendment to the grant that would allow the funding to be used for low Income downpayment assistance in all areas of the incorporated City of Bakersfield. This action is for the appropriation of the $600,000 grant funding to the Economic and Community Development Department Operating Budget within the CalHome Program Fund. CLOSED SESSION There will be a conference with legal counsel regarding two matters of existing litigation. REPORTS The City's healthcare consultant, Segal, will provide a review of the retiree medial liabilities and the updated annual valuation report. This is in response to a referral from Councilmember Weir. Approved: Alan Tandy, City Manager cc, Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - February 2, 2011 Council Meeting Page 3 MEETING DATE: February 2, 2011 AGENDA SECTION: Workshop ITEM: 14, o,. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: January 20, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Update on Capital Improvement Program Budget RECOMMENDATION: BACKGROUND: The Public Works Director will present a mid-year report on the capital improvement program. Public Works / Design Engineering / ADR 1/20/2011 10:37 AM G:\GR0UPDAT\ADMINRPT\2011\02-02\CIP Midyear Report.Docx A 0~ w ov ADMINISTRATIVE REPORT LI 0 MEETING DATE: February 2, 2011 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: January 21, 2011 APPROVED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER RS SUBJECT: Presentation by Mayor Hall of Certificates of Appreciation to Nancy Vibe and John McAfee acknowledging their efforts in graffiti removal for their Northeast neighborhoods. RECOMMENDATION: BACKGROUND: krt A V S ADMINISTRATIVE REPORT +1 ry t1. 10 MEETING DATE: January 21, 2011 AGENDA SECTION: Presentations ITEM: , b TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: February 2, 2011 APPROVED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of Proclamation to Bakersfield Fire Department Chief, Doug Greener, declaring February, 2011, Safely Surrendered Baby Month in Bakersfield. RECOMMENDATION: BACKGROUND: krt A OFyw►rov S ADMINISTRATIVE REPORT ro MEETING DATE: February2, 2011 AGENDA SECTION: Presentations ITEM: 5 C" TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD ~W DATE: January 21, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Vice-Mayor Couch of Proclamation to John Surface, Operations Division Manager, honoring the 40th Anniversary of Hall Ambulance Service. RECOMMENDATION: BACKGROUND: S:\Admin Rpts\201 1\Hall Ambulance 40th Anniversary.docx KRT:al MEETING DATE: February 2, 2011 AGENDA SECTION: Appointments ITEM: 1, CL. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: January 20, 2011 APPROVED DEPARTMENT HEAD a f CITY ATTORNEY 1I CITY MANAGER SUBJECT: Appointments of four (4) Regular Committee Members and four (4) Alternate Committee Members to the Keep Bakersfield Beautiful Committee, due to the expiration of terms of Isaiah Crompton and Jonathan Webster (Ward 1); Leah Kay Carter and Margaret Maier (Ward 3); Lyle Martin and Dorothy Vokolek (Ward 4); and Kelly Bishop and Sheryl Graab (Ward 7). RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Currently there are a total of eight (S) vacancies on the Keep Bakersfield Beautiful Committee (KBBC) which consist of four (4) Regular Committee positions and four (4) Alternate Committee positions, whose terms have expired. Regular Committee members whose terms have expired are: Isaiah Crompton (Ward 1); Leah Kay Carter (Ward 3); Lyle Martin (Ward 4); and, Kelly Bishop (Ward 7). Alternate Committee Members whose terms have expired are: Jonathan Webster (Ward 1); Margaret Maier (Ward 3); Dorothy Vokolek (Ward 4); and Sheryl Graab (Ward 7). Nominations are approved by a majority vote of the entire Council. Members must be City residents throughout their term. Terms for these Committee positions run concurrent with the term of the nominating Mayor/Councilmember; however, it is not necessary for the Mayor/Councilmember to nominate a resident from his or her ward. Applications for appointment to the Regular and/or Alternate positions have been received from the following eleven (11) citizens: • Sean Paul Battle • Christopher Clark • Sheryl Lynn Graab (applied for Alternate position only) • Richard J. Hernandez • Jennifer Lyn Jordan • Jennifer Mikel Pitcher • Elizabeth K. Rodacker (applied for Alternate position only) • Raymond Paul Scott • Dorothy M. Vokolek • Brian David Wargo • Jeremy Patrick Wright January 20, 2011, 10:29AM VABdsBCommUCBBC\2011Wdmin - Wards 1, 3, 4 and 7 appts.dom Page 1 RG:al ADMINISTRATIVE REPORT The Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The Committee is comprised of eight (8) Mayor/Council-appointed members, who take on the responsibility of decision making for the beautification program. On July 30, 2009, the City Council adopted Ordinance 4520 which allows each Councilmember and the Mayor to appoint one Alternate member to the KBBC. Each Alternate is allowed to vote in the place of their corresponding appointed Regular Committee members when absent. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the Mission Statement of the KBBC, as reflected in its Bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC Mission Statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council, and shall provide the Council, upon request, written reports on the activities of the KBBC. The news releases for this recruitment were posted on November 24, 2010 and December 30, 2010. January 20, 2011, 10:29AM VABds&CommUCBBC\2011Admin - Wards 1, 3, 4 and 7 appts.docx Page 2 RG:al F A 14 ADMINISTRATIVE REPORT MEETING DATE: February2, 2011 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD DATE: January 21, 2011 CITY ATTORNEY Q,. CITY MANAGER Iw SUBJECT: Approval of Minutes of the January 12, 2011 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: nw MEETING DATE: February2, 2011 AGENDA SECTION: Consent Calendar I9. h. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: January 24, 2011 CITY ATTORNEY CITY MANAGER S SUBJECT: Approval of department payments from December 30, 2010 to January 20, 2011 in the amount of $20,363,915.40 and Self Insurance payments from December 30, 2010 to January 20, 2011 in the amount of $800,367.74. RECOMMENDATION: Staff recommends approval of payments totaling $21,164,283.14. BACKGROUND: Please note there is a new section of payments toward the end of the attached report called "e-payables". The Council was first made aware of this new program several months ago by way of the weekly general information distribution. E-payables is an electronic payment option now available to our vendors who accept credit cards. City staff initially identified this payment option as an opportunity to generate additional revenue for the City's General Fund during last years' budget process. Over the past few years vendors have requested on several occasions that the City allow for payments to be transmitted electronically. Due to budgetary constraints the Finance Department has been hesitant to pursue this payment option as it would normally cause increased costs to the City. However, several months ago a new electronic payment option became available through Bank of America to pay vendors electronically by way of a credit card type transaction. The program is at no cost to the City and provides periodic rebate payments to the City based on the volume of transactions run through the e-payables system. City staff has been working for several months on the implementation details of this program and the payments you see on the attached listing are as a result of the initial January 25, 2011, 8:29AM SAKim GADMUCOUNCIL-ADMIN-AP-2011 WDMIN-AP 020211.doc roll-out phase activity. Since there is no check number associated with the payments these transactions will appear in a separate section of the payment listing report. The program is completely optional to vendors and there is no requirement for them to participate in the electronic payment option. Those vendors that elect to participate benefit by receiving their City payments a couple of days earlier than they would if a check were mailed to their place of business. The may also benefit from time saved associated with their internal check processing and bank deposit efforts. The City in turn benefits from the periodic rebate payment received from our share of the fees charged by the credit card company. The initial signup efforts resulted with about 60 of our vendors participating in the program. A broader solicitation effort will take place over the next couple of months to expand upon the offer of this new optional payment program to our vendors. KLG January 25, 2011, 8:29AM S:1Kim GWDMINICOUNCIL-ADMIN-AP-2011 WDMIN-AP 020211.doc MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: 0. e" TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: January 18, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Section § 1. 12.070 by adding Annexation No. 613 consisting of 6.36 acres, located south of McKee Road, between State Highway 99 and Ellashosh Street and Annexation No. 626 consisting of 33.68 acres, located along the south side of Taft Highway, west of State Highway 99, east and west of Compagnoni Street to Ward 7. (Ward 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on January 12, 2011. This ordinance amends the ward boundaries to include Annexations 613 and 626 into the corresponding Council ward. These annexations were recently approved by LAFCO. Annexation No. 613 is located along south of McKee Road, between State Highway 99 and Ellashosh Street. The annexation territory consists of one parcel encompassing 6.36 acres of undeveloped land. The property owner (Victor and Maria Airiohuodion) requested annexation for development purposes and to receive city services. Future plans for the project site includes a community church and child care facility. This area will be included into Ward 7. Annexation No. 626 is located along the south side of Taft Highway, west of State Highway 99, east and west of Compagnoni Street. The annexation territory consists of nineteen parcels on 33.68 acres. The property owners (Wong Family trust, Eyraud Family trust, Edward Lee, Barbara Yam, Saleem Manju, DFC Inc., Jay Patel - Riddh Inc.) requested annexation for development purposes and to receive city services. Future plans for the project site includes a restaurant, the new California Highway Patrol (CHP) Station and other freeway oriented commercial uses. This area will be included into Ward 7. JE:dl S:\Annexation\0rdinances\2011\Admin adopt-2-2-11 613 & 626.doc MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: January 14, 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 the demolishment of dangerous buildings and authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on September 13, 2010, by the City Manager designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter and/or were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1 /Councilmember Salas 1. 1001 Casa Grande Street 170-222-16 $ 105.00 2. 800 Deanna Way 171-222-15 $ 600.00 3. SEC Hale Street & E. Planz Road 172-042-01 $ 300.00 4. 236 S. Haley Street 019-191-01 $ 764.00 January 14, 2011, 10:39AM/kd sADana\ADMINS\2011\FEB\2-2-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 /Counciimember Salas * 5. 125 Hayes Street 018-340-20 $ 4,707.00 6. 300 Hayes Street 018-300-11 $ 300.00 7. 301 Hayes Street 018-360-37 $ 675.00 .8. 119 LStreet 010-311-11 $ 300.00 9. 3605 Lotus Lane 172-134-07 $ 600.00 10. North of 122 Madison Street 169-031-32 $ 680.00 11. 417 Marcus Street 139-393-11 $ 300.00 12. North of 121 S. Milham Drive 169-031-33 $ 680.00 13. 714 N Street 009-350-05 $ 105.00 14. 6815 Nadeau Street 516-031-22 $ 600.00 15. 302 Obregon Avenue 516-241-09 $ 675.00 16. 225 Ohio Drive 169-070-02 $ 600.00 17. 317 Ohio Drive 169-070-07 $ 665.00 18. 29 S. Owens Street 018-260-24 $ 300.00 19. North of 108 S. Owens Street 018-240-08 $ 723.00 20. 601 Pacheco Road #55 412-053-13 $ 720.00 21. 1201 Ralston Street 018-11 1-07 $ 725.00 22. 1 N. Stine Road 020-293-07 $ 300.00 23. 1324 Virginia Avenue 018-123-29 $ 665.00 24. 530 E. 9th Street 139-11 1-05 $ 700.00 25. 613 E. 9th Street 139-162-04 $ 700.00 26. 1210 E. 9th Street 018-072-16 $ 105.00 27. 1307 E. 9th Street 018-062-04 $ 105.00 * Demolished structure Ward 2/Counciimember Benham 28. 1631 Beale Avenue 013-160-01 $ 300.00 29. 431 Brown Street 017-350-01 $ 105.00 30. 2931 California Avenue 007-031-01 $ 300.00 31. 6509 Chukkar Lane 502-054-01 $ 105.00 32. 923 Eureka Street 017-290-03 $ 675.00 33. 309 F Street 008-302-23 $ 725.00 34. 232 Jefferson Street 012-310-12 $ 640.00 35. 610 Lincoln Street 013-090-12 $ 849.00 36. 1903 Maple Avenue 007-195-06 $ 300.00 37. 1722 Olive Street 004-232-22 $ 105.00 38. 814 Oregon Street 013-260-11 $ 105.00 January 14, 2011, 10:39AM/kd s:\Dana\ADMINS\201 ITEB\2-2-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 2/Counciimember Benham APN COST 39. 1220 Oregon Street 015-100-11 $ 665.00 40. 1203 Pacific Street 015-100-01 $ 1,375.00 41. 804 Sesnon Street 331-192-13 $ 300.00 42. 2319 l st Street 008-284-03 $ 300.00 43. 1905 31d Street 008-314-07 $ 105.00 Ward 3/Counciimember Weir 44. 3513 Bryn Mawr Drive 021-210-19 $ 760.00 45. 3601 Century Drive 382-200-06 $ 690.00 46. Morningstar Avenue & Morning Dr. 531-010-25 $ 1,325.00 47. 6709 Park West Circle 506-380-31 $ 1,090.00 48. 11002 Reynard Road 533-052-13 $ 600.00 49. 3013 River Boulevard 021-041-33 $ 300.00 50. 3608 University Avenue 382-172-10 $ 1,375.00 51. 1204 West Point Drive 021-192-24 $ 300.00 Ward 4/Counciimember Couch 52. 6324 Alderbrook Lane 525-571-02 $ 675.00 53. 6328 Alderbrook Lane 525-571-01 $ 735.00 54. 4612 Aviara Drive 494-671-09 $ 300.00 55. 13112 Birkenfeld Avenue 522-132-15 $ 600.00 56. 10805 Corbett Canyon Drive 525-561-13 $ 697.00 57. 10911 Corbett Canyon Drive 525-561-20 $ 879.00 58. 10807 Gustavo Court 525-561-30 $ 735.00 59. 10912 Gustavo Court 525-561-21 $ 859.00 60. 10913 Gustavo Court 525-561-37 $ 739.00 61. 10900 Trentadue Drive 525-571-34 $ 673.00 62. 229 Villa Elegante Drive 408-242-01 $ 105.00 Ward 5/Counciimember Hanson 63. 3822 Boswellia Drive 513-212-17 $ 105.00 64. 2816 Bralorne Court 381-111-09 $ 780.00 65. 11100 Camino Majorca 394-092-04 $ 300.00 66. 9416 Carvalho Court 392-291-08 $ 105.00 67. 9408 Coney Island Drive 497-431-03 $ 105.00 68. 8307 Hemlock Court 513-221-45 $ 685.00 69. 4217 Horseshoe Court 394-162-19 $ 780.00 January 14, 2011, 10:39AM/kd s:wana\ADMINS\2011\FEB\2-2-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 5/Councilmember Hanson APN COST 70. 7208 Margaret Court 381-201-09 $ 725.00 71. 10612 Prairie Stone Place 394-521-19 $ 300.00 72. 10909 Via Vista 394-060-17 $ 725.00 73. 10901 Villa Monterey Drive 497-562-01 $ 675.00 74. 10911 Vista Del Valle Drive 497-312-02 $ 725.00 75. 8817 Worrell Court 392-163-33 $ 705.00 76. 8909 Worrell Court 392-163-29 $ 780.00 Ward 6/Couciimember Sullivan 77. 3716 Delaney Court 384-180-26 $ 300.00 78. 3421 Grissom Street 384-071-02 $ 300.00 79. 2816 Hallisey Street 441-051-18 $ 105.00 80. 2900 Hallisey Street 441-051-16 $ 105.00 81. 6015 Kettlerock Mountain Court 498-213-25 $ 690.00 82. 6813 Olympia Drive 385-050-21 $ 105.00 83. NEC Panama/Gosford 498-400-01 $ 300.00 84. 5501 Pepper Tree Lane 355-304-04 $ 740.00 85. 5801 Savory Lane 384-252-11 $ 105.00 86. 4605 Summer Side Avenue 441-160-18 $ 680.00 Ward 7/Councilmember Johnson 87. 7408 Cross Glade Street 516-354-08 $ 600.00 88. 7502 Cross Glade Street 516-354-11 $ 600.00 89. 2614 Drifts Drive 515-751-08 $ 105.00 90. 1313 Engelberg Drive 517-421-39 $ 300.00 91. 1511 Evadonna Road 516-354-26 $ 600.00 92. 1218 Hadar Road 516-174-03 $ 750.00 93. 4604 Santa Cruz Street 171-162-13 $ 675.00 94. 3413 Tori Lorene Avenue 514-342-21 $ 300.00 95. 1017 White Lane 171-111-12 $ 685.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to January 14, 2011, 10:39AM/kd smana\ADMINS\2011\FEB\2-2-Property Abatement.doc ADMINISTRATIVE REPORT remove the public nuisance. The City Manager designee has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. January 14, 2011, 10:39AM/kd s:Oana\ADMINS\2011\FEB\2-2-Property Abatement.doc A 46o ADMINISTRATIVE REPORT ~L 0 MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: A P TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Douglas R. Greener, Fire Chief January 21, 2011 Resolution Approving Transportation Plan for the Evacuation of People with Access and Functional Needs APPROVED DEPARTMENT HIK15-2k- CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Bakersfield Municipal Code Chapter 2.40 authorizes the Bakersfield Disaster Council to develop emergency plans. The City Council formally adopted an Emergency Operations Plan (EOP) in November, 1996, a revised Plan in December, 1999, and another updated Plan in September, 2010. In August, 2008, the California Emergency Management Agency (Cal EMA) Office for Access and Functional Needs published Guidance on Planning and Responding to the Needs of People with Disabilities and Older Adults. These needs were not addressed by the EOP. To ensure effective coordination of mass evacuation response for persons with access and functional needs, it is necessary for this additional specific emergency response to be adopted by Council. All authorities and assumptions listed in the EOP and the Lake Isabella Dam Failure Operations Plan are equally applicable and compatible with this Resolution. January 21, 2011, 9:59AM SACOLEEN BLAIR\ADMIN REPORTS\RESOLUTIONSWdmin Report Reso on special needs 2011_1.doc F, A 4 ADMINISTRATIVE REPORT ~4ur MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: January 20, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S SUBJECT: Resolution to add territory, Area 5-61 (4505 Hughes Lane) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 7) RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: On December 15, 2010, the Council adopted Resolution of Intention No. 1683 adding the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent to the assessment. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. PP " GAGROUPDATWDMINRPT\2011\02-02\CMD 5-61 Res Estab admin.dom A O~yCA 4} ADMINISTRATIVE REPORT [r '~wr u 1 MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: 6.ct. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: January 20, 2011 CITY ATTORNEY Q~ CITY MANAGER SUBJECT: Resolution of Intention (ROI) No. 1686 to add territory, Area 2-46 (4701 Stine Road) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (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 supplied to the subdividers)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. rx G:\GR0UPDAT\ADMINRPT\2011\02-02\CMD 2-46 ROI admin.dou A ~ r ADMINISTRATIVE REPORT t MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPR VED FROM January 26, 2011 CITY ATTORNEY y CITY MANAGER Alan Tandy, City Manager DEPARTMENT HEAD DATE: SUBJECT: Amendment No. 7 to Contract 97-39 with the California Publi Em loyees' Retirement System (CaIPERS). Resolution of Intention to approve an Amendment to the Contract with the Board of Administration of the California Public Employees' Retirement System. 2. First Reading of Ordinance authorizing an Amendment to the Contract between the City of Bakersfield and the Board of Administration of the California Public Employees' Retirement System to provide Section 21548 (Pre-Retirement Option 2W Death Benefit) for local fire members and Section 20475 (Different Level of Benefits). Section 21362 (2% @ 50 Full Formula) and Section 20037 (Three-Year Final Compensation) for local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. RECOMMENDATION: Staff recommends adoption of the Resolution of Intention and First Reading of the Ordinance. BACKGROUND: The Resolution of Intention and the accompanying Ordinance authorizing an Amendment to the Contract between the City and CalPERS represents the procedural steps required by CalPERS in order for the City to implement changes to the contract that have been brought about by prior Council action and as a result of the November 2, 2010 General Election. Council Action: On September 22, 2010, the City Council held an Impasse Hearing on fire labor negotiations which resulted in the Council approving "Terms and Conditions of Employment" for members of the Firefighters and Engineers Unit and the Fire Supervisory Unit. Included in the "Terms and Conditions of Employment" was the implementation of the Pre-Retirement Option 2W Death Benefit. This benefit allows the spouse or registered domestic partner of a deceased member, who was eligible to retire from service at the time of death, to elect to receive the Pre- Retirement Option 2W Death Benefit in lieu of the lump sum Basic Death Benefit. This benefit is a monthly allowance equal to the amount the member would have received if he/she had retired January 27, 2011, 9:44AM S:\Hdmin Rpts\2011TERS contract amnd first red.doc ADMINISTRATIVE REPORT from service on the date of death and elected Option 2W. This change was an agreed upon item in negotiations and thus was included in the Council's Resolution setting "Terms and Conditions of Employment. " The impact of this change to the total employer rate is 0.313%. November. 2, 2010 Election: On November 2, 2010, the voters of the City of Bakersfield approved Measure D which requires all City of Bakersfield sworn public safety employees, hired after January 1, 2011, to receive a retirement formula of 2% @ 50 based on the average monthly pay rate during the 36 highest paid consecutive months. In order for the City to implement these voter approved changes, the City must go through the CalPERS process to amend the contract. CaIPERS requires that the City adopt a Resolution of Intention and have first reading of the Ordinance at least twenty (20) days prior to the final adoption of the Ordinance. To comply with this requirement the second reading and adoption of the attached Ordinance will be scheduled for the March 9, 2011 City Council Meeting. The City's contribution rate will be 24.469% (which represents a reduction from the current FY 11- 12 Employer Contribution Rate of 25.210%) of reportable earnings for local fire members entering membership for the first time in the fire classification after the effective date of this amendment to contract. The City's contribution rate will be 30.300% (which represents a reduction from the current FY 11-12 Employer Contribution Rate is 33.511 of reportable earnings for local police members entering membership for the first time in the police classification after the effective date of this amendment to contract. January 27, 2011, 9:44AM S:\Hdmin Rpts\2011TERS contract amnd first red.doc MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. 6 TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: January 25, 2011 CITY ATTORNEY Ilk p CITY MANAGER SUBJECT: Kern River Parkway: 1. Agreement with Norcal Holding and Management to purchase real property located at 4301 Chester Avenue for $177,600 for the Kern River Parkway. 2. Appropriate $180,000.00 Agricultural Water Fund Balance to the Water Resources Department Capital Improvement Budget. (Ward 3) RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: In 1988 the City adopted the Kern River Parkway Plan Element and Environmental Impact Report (EIR). This property was originally identified in the 1988 Kern River Parkway EIR as a recommended addition to the overall Parkway plan. Over the years, the City has been acquiring privately owned properties on a voluntary basis as they become available. Most recently the City acquired four such properties using Proposition 204 monies. Also, as part of the Westside Parkway, Phase 4 the City will be acquiring privately owned land that is located within the Kern River Parkway. Now using only Agricultural Water Fund monies with no General Fund monies, the City is proposing to purchase approximately five acres adjacent to the Kern River. The property is located south of the Kern River, West of Chester Avenue, north of the Armed Forces Recruitment Center (north of Sam Lynn Park). The property is currently improved with a vacant single family residence with several outbuildings. The acquisition of this property will allow the City to continue its efforts to protect the Kern River Basin and integrate into the existing Kern River Parkway. The purchase price of $177,600 plus estimated closing costs of $2,400 is a product of negotiations and is less than the appraised value of $205,000. The appraised value was determined by an appraisal prepared by Jeremy C. Jans of Jeremy C. Jans, Inc., an independent real estate appraisal firm. The Planning Department, in accordance with Government Code Section 65402 and City of Bakersfield Ordinance 4248, found the purchase to be consistent with Metropolitan Bakersfield General Plan. Also, a Phase 1 Environmental Site Assessment was prepared by the City. January 25, 2011, 10:04AM P:\MyRes\Admin Reports\4301 Chester Avenue.doc DMA/s MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: ' TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: January 24, 2011 APPROVED DEPARTMENT HEAD ~h CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Wilson & Associates (not to exceed $109,200.00) to provide Continuing Disclosure services for various Special Assessment Districts. (Wards 3, 4, 5, 6 & 7) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City currently has 20 active Assessment Districts, with a total bonded indebtedness of $65,185,000, which all require Continuing Disclosure Certificates. The City has covenanted in its respective Continuing Disclosure Certificate for the benefit of the Bondholders to provide an annual report containing certain financial information and operating data relating to each Assessment District and the property within the Assessment District. This covenant has been made in order to assist the Underwriter in complying with Securities and Exchange Commission Rule 15c212(b)(5). City staff does not have expertise in this area of reporting requirements. Wilson & Associates is the City's current service provider and has agreed to continue to prepare these disclosure reports for another year with no cost increase to their rate structure. This agreement will allow us to continue to use an experienced professional consultant to process these Continuing Disclosure Reports and meet the deadlines imposed by the Securities and Exchange Commission. The cost of these services will be charged to the related Special Assessment Districts. S:Wdmin\Admin Reports\Wilson & Assoc Cont Disc MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: 8 . K, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: January 25, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Kenneth Mebane Ranches to lease real property located north of Highway 178 and south of Rancheria Road for $1,000 a month for a radio communications facility. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City is entering into a lease for a police and fire communications facility in northeast Bakersfield. The lease agreement includes a ten year term with two five year options to extend, for a total of 20 years. The rent for the first ten years is $1,000 per month, and $1,100 per month for the first five year extension, and $1,210 per month for the second five year extension. Also, the City is paying Mebane's legal costs of $5,650 to prepare the lease. The communication facility has been in place since 1983 and has allowed the City to provide essential radio communications to a part of northeast Bakersfield not previously served. Approval of this agreement will allow the City to continue critical public safety radio communications in the northeast sector of Bakersfield. The original agreement between the parties was a license agreement and it was by mutual agreement of the parties that a new lease agreement was needed to reflect the ever increasing complexities of the communication site leasing environment. January 25, 2011, 2:44PM P:\MyFiles\Admin Reports\Mebane Tower Site.ldoc DMA/s MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: January 19, 2011 SUBJECT: CITY ATTORNEY CITY MANAGER Agreement with The Omega Group to install, customize and provide support for the Crimeview Crime Analysis Software in the amount of $89,890.00. RECOMMENDATION: Staff recommends approval of the purchase BACKGROUND: On September 22, 2010, the Council approved the appropriation of $203,793.00 Federal Grant Revenues (Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice) to the General Fund Police Operating Budget, for crime analysis software. The current software, Crime Map is not meeting the growing needs of the Police Department. It is outdated, does not integrate with the City's Geographical Information Systems and other Police systems. The upgrade to the CrimeView Suite will allow the two Crime analysts to perform higher level analysis while giving the rest of the Department access to some of the common tasks currently performed by the analysts. The integration with current City systems allows for more efficient and timely analysis. The $89,890.00 is the cost of the software, installation, configuration, training, maintenance and sales tax. Additional server hardware to run the system will be purchased separately at an estimated cost of $25,000. ECH A 4 ADMINISTRATIVE REPORT MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: A . vu TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: January 20, 2011 CITY ATTORNEY CITY MANAGER A& SUBJECT: Agreement with JEFF WANAMAKER, individually and as Administrator of the ESTATE OF ROBERT WANAMAKER, deceased, JAMES L. LEONHARD and ROBIN C. LEONHARD as Trustees of the James and Robin Leonhard Trust dated January 9, 1990, MASONIC HOMES OF CALIFORNIA a California Corporation, JOHN R. MATHIE as Trustee of the Mathie Family 1990 Trust dated January 31, 1990, MARSHALL PLAN, LTD., a California Limited Partnership, EDWIN LEROY TOLLES as Trustee, MARY ANNE GARNER FRISONE as Trustee of the Mary Anne Garner Frisone Revocable Trust U/A dated September 17, 1993, JAMES E. MUNSON and CHERRON G. MUNSON individually and as Trustees of the James E. And Cherron G. Munson Revocable Trust U/A dated November 16, 1993, GAYLE GARNER ROSKI individually and as Trustee of the Gayle Garner Roski Revocable Trust U/A dated November 16, 1993, PATRICIA BURNS GEBHARDT, CHARLES B. RANDALL, JUDY SHULTIS STEFFENS, CLARITA J. SCHULTIS, JAMES A. SHULTIS, KERMINETTE S. BONNEY individually, ANNETTA S. LEE, ANNETTA LEE, KERMINETTE S. BONNEY and GEORGE W. BONNEY, II, husband and wife, TUCKER GARNER, JANETTE R. GARNER, CHARLES W. BOZARTH and ANNE LANE BOZARTH as Trustees of the Charles W. Bozarth and Anne Lane Bozarth 1976 Trusts, TONI BLOEMER as Executrix of the Bloemer Estate, LP, a limited partnership, OPTOMISTS BOYS HOME AND RANCH a California Corporation, NORTHERN TRUST, RRR CUSTODY, RALPH B. TIPPET, CORNELIA M. BELL, LAURIE LINK WALLACE, ROBERT JAMES RUDOLPH, Trustee and/or Executrix under Will of William Rudolph, deceased, to purchase real property located on the both sides of Truxtun Avenue between Mohawk Street and the railroad underpass for $4,150,000.00 for Phase IV the Westside Parkway. TRIP (Ward 2) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield has been acquiring properties for the Westside Parkway for over 15 years. The property currently being acquired consists of several parcels that comprise approximately 57 acres in total. It is located on both sides of Truxtun Avenue between Mohawk Street and the railroad overpass. This will be the eastern terminus of the Westside Parkway. The property is owned by multiple parties each with a fractional interest ranging from approximately 35% to less than 1 January 20, 2011, 3:02PM P:\MyFiles\Admin Reports\WanamakerSouth.doc DMA/s The purchase price of $4,150,000.00 is a product of negotiations based on appraisals prepared by Randy K. Merriman, MAI and Michael C. Burger, MAI and represents the fair market value of the property being acquired. A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General Plan. Funding for the purchase will be a combination of State and local road funds. No General Fund dollars will be used for this purchase. January 20, 2011, 3:02PM P:\MyFiles\Admin Reports\Wanamaker South.doc DMA/s BAI{E U 1 ADMINISTRATIVE REPORT t+ ''wwcv n~ 4LIF0 MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: g , A , TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: January 21, 2011 CITY ATTORNEY D~ CITY MANAGER SUBJECT: Agreement with Sacramento River Ranch, LLC for the purchase of conservation credits in the amount of $348,000.00 which is required for the construction of the Westside Parkway Phase 4 (Truxtun Tie-in) Project. (TRIP) (Ward 2) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Westside Parkway Phase 4 Project adversely impacts the federally listed Valley Elderberry Longhorn Beetle's habitat. In order to construct this project, the City is required to purchase Valley Elderberry Longhorn Beetle conservation credits for the loss of this habitat. The United States Fish and Wildlife Service has approved these conservation credits and the conservation bank they would be acquired from for this project. The Westside Parkway will ultimately be an eight mile long, east-west freeway extending from Truxtun Avenue west to Stockdale Highway/Heath Road with interchanges at Mohawk Street, Coffee Road, Calloway Drive, and Allen Road and bridge crossings at Jewetta Avenue and Renfro Road. Staff recommends approval of this agreement in the amount of $348,000.00. Adequate State Transportation Improvement Program (STIP) and local funds have been previously budgeted to cover the cost of this agreement. Tdw:C:\Users\mmercado\AppData\Local\Temp\XPgrpwise\River Ranch Velb Conservation Bank -Admin.docx BAKE ~'~ycovw.,ho s~ U p ADMINISTRATIVE REPORT tFQ MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: $ . o, TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: January 21, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept low bid and award contract to MGE Underground, Inc., ($4,644,222.40) to construct the Westside Parkway Phase 6A Project (Utility Relocation) in preparation for the Phase 6B Project (the Allen Road Interchange). (TRIP) (Ward 4). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: The Westside Parkway Phase 6A Utility Relocation Project consists of relocating approximately 3000 feet of 16-inch waterline and about 2800 feet of 36-inch sewer main line, and abandonment of the existing pipelines. Also included in this project is the construction of a concrete box culvert and realignment of a canal that supplies the Rosedale-Rio Bravo Water Storage District recharge operations. Finally, the project includes the realignment of 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. Originally, the Westside Parkway was planned to end at Allen Road with an at-grade signalized intersection until funding was available to extend the freeway west in the future. However, when it was extended, both Allen Road and the Westside Parkway itself would have had to have been closed temporarily during much of this construction due to conflicts. Building the Allen Road interchange today not only eliminates some throw-away facilities (traffic signal, temporary box culvert) and subsequent costs from the currently on-going Westside Parkway Phase 2 project, but also allows the freeway to now be extended west in the future without affecting traffic on either Allen Road or the Westside Parkway. The Westside Parkway will ultimately be an eight mile long, east-west freeway extending from Truxtun Avenue west to Stockdale Highway/Heath Road with interchanges at Mohawk Street, Coffee Road, Calloway Drive, and Allen Road and bridge crossings at Jewetta Avenue and Renfro Road. On January 19th, 2011 six acceptable bids were received as follows: MGE Underground, Inc. Paso Robles, CA Bid: $4,644,222.40 Security Paving Company, Inc. Bid: $4,904,173.42 Sun Valley, CA Tdw:C:\Users\mmercado\AppData\Local\Temp\XPgrpwise\Westside Parkway Phase 6A -Admin_Ldocx Fem. hE~ r d ADMINISTRATIVE REPORT Flo Nicholas Construction, Inc. Bid: $4,968,140.76 Bakersfield, CA Emmett's Excavation, Inc. Bid: $5,247,392.51 Clovis, CA Kern Pacific Construction Bid: $5,332,136.94 Bakersfield, CA Floyd Johnston Construction Co. Inc. Bid: $5,377,006.70 Clovis, CA Staff recommends awarding this construction contract to MGE Underground, Inc. in the amount of $4,644,222.40 for the construction of the Westside Parkway Phase 6A (Utility Relocation) Project Adequate local funds have been previously budgeted for this work. Tdw:C:\Users\mmercado\AppData\Local\Temp\XPgtpwise\Westside Parkway Phase 6A -Admin_Ldocx MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 20, 2011 PPROVED DEPARTMENT HEAD CITY ATTORNEY- CITY MANAGER Traffic Signal and Lighting System Installation at Hosking Avenue and Wible Road (Ward 7): 1. Accept bid and approve contract to Granite Construction Company ($240,976.50) for the project. 2. Appropriate $50,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement Budget. RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract and appropriation. BACKGROUND: This project consists of installing a complete traffic signal and lighting system, modifying pavement markings and striping, and reconstructing access ramps to meet current American with Disabilities Act (ADA) requirements. This project also includes minor roadway widening. The Engineer's Estimate for this construction contract was $224,000. On December 8, 2010, a total of five bids were received; two of those bids are acceptable. Those acceptable bids are as follows: Granite Construction Company 585 W. Beach Street Watsonville, CA 95076 JFL Electric, Inc 8257 Compton Avenue Los Angeles, CA 90007 in the amount of in the amount of $240,976.50 $329,806.34 The City received a total of five bids; however, only two bids were acceptable. The other three bids were considered non-responsive because they did not meet the criteria for the minimal amount of work the general contractor shall do with their own forces. Our specifications require that the general contractor shall do at least 50% of the contract amount with their own forces; three of the five general contractors failed to meet this requirement. An additional appropriation of $50,000 is needed to fund this Contract in addition to other costs associated with this project (potential change orders, in-house inspection services, soil testing services), pw/design engineering/nsg-TOK219 January 20, 2011, 11:33AM G:\GR01JPDAT\ADMINRPT\2011\02-02\TS-Hosking Ave_Wible Road.doc MEETING DATE: February2, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: January 19, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Lehr Auto Electric in the amount of $270,742.50 for two hundred (200) Panasonic vehicle mounted display and keyboards for the Police Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over seven hundred (700) suppliers for Panasonic PDRCs (Permanent Display Removable Computers). Fourteen (14) bids were received in response to the solicitation. The Panasonic PDRCs will replace nine (9) year old units in Police sedans that have exceeded their expected lifespan. Funds are budgeted in the Equipment Replacement Fund fof the purchase of two hundred (200) display and keyboard units for use by the Police Department. The fourteen (14) bids received are as follows: BIDDER AMOUN Lehr Auto Electric $270,742.50 Sacramento, CA PCS Mobile $273,990.00 Denver, CO Howard Computers $274,206.50 Ellisville, MS EDX Information Systems, Inc. $301,680.35 Fremont, CA New Tech Solutions, Inc. $320,751.84 Fremont, CA Purchasing Division/kb & PURCHADMIMAdmin 10-11%Panasonic PDRCs for PD, 10-11-45, February 2, 2011.docx ADMINISTRATIVE REPORT GHA Technologies, Inc. $325,928.35 Hudson, OH Waring Enterprises LLC $327,032.50 Vista, CA Impex Technologies, Inc. $328,115.00 Torrance, CA CompUSA $328,428.93 Meridian, ID Business Services $332,440.67 San Diego, CA GovConnection, Inc. $336,489.22 Merrimack, NH Amerikit Deployment Services $340,888.50 Sacramento, CA Hightech Knowledge Incorporated $356,238.35 Fresno, CA Scan Technology, Inc. $382,673.00 Gainesville, FL Staff finds the bid submitted by Lehr Auto Electric, Sacramento, to be acceptable. Purchasing Divisiorift SAPURCHWDMINWdmin 10-11\Panasonic PDRCs for PD, 10-1145, February 2, 2011.docx MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: , r. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD //S DATE: January 18, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Purchase of thirty (30) replacement Four Door Police Special Sedans for the Police Department. 1. Accept bid from Jim Burke Ford, Bakersfield, in the amount of $675,628.51 for thirty (30) replacement four door police special-sedans; 2. Appropriate $881,630 Equipment Management Fund Balance to the Public Works Operating Budget within the Equipment Management Fund to purchase and outfit thirty (30) police special sedans. RECOMMENDATION: Staff recommends acceptance of the bid and approval of the related appropriation. BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing police special sedans to be used by the Police Department. Five (5) bids were received in response to solicitation. Thirty (30) police special black and white sedans have excessive mileage and are in need of replacement. Due to the long lead time associated with production and delivery of these vehicles, we are requesting approval to appropriate funds and purchase replacements before the next budget year. Additionally, placing an order for current model year vehicles is expected to save the City over five thousand dollars per vehicle ($5,000 X 30 = $150,000 savings) based on Fleet Services estimate of next model years cost for new police sedans. Appropriations for light bars and related equipment, $125,000j and police vehicle equipment setup costs, $81,000, will be appropriated along with the amount necessary to purchase the thirty (30) vehicles. The five (5) bids received are as follows: Bidder Jim Burke Ford Bakersfield, CA Amount $675,628.51 Purchasing Division/kb SAPurch\AdminWdminl0-11\Four Door Police Special Sedans, February 2, 2011 San Francisco Ford Lincoln Mercury $682,237.50 San Francisco, CA North County Ford $683,010.08 Vista, Ca Hoblit Motors $683,504:03 Colusa, CA Theodore Robins Ford $751,991.20 Costa Mesa, CA Staff finds the bid submitted by Jim Burke Ford, Bakersfield, to be acceptable. Purchasing Division/kb S:\Purch\Admin\Adminl0-1 ]\Four Door Police Special Sedans, February 2, 2011 A ym '4 ADMINISTRATIVE REPORT c~* LIFO MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: 8 5, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Steven Teglia, Acting Human Resources Manager DEPARTMENT HEAD, January 7, 2010 CITY ATTORNE' CITY MANAGE Revised Job Specifications Deputy City Attorney 1 #88260 Deputy City Attorney II #88080 Service Maintenance Worker # 13700 APPROVED RECOMMENDATION: Staff recommends approval. BACKGROUND: At the request of the City Attorney the job specifications for Deputy City Attorney I & II, have been reviewed and revised. Language was changed and/or added to update the essential job duties and minimum qualifications to better comply with the actual duties performed. Also, at the request of the Public Works Department, the job specification for Service Maintenance Worker, has been reviewed and revised. Language was changed, added and/or deleted to update the essential job duties to reflect the actual duties performed by each of the departments and/or divisions represented on this job specification. Human Resources worked with each department and/or division represented on this job specification for their review and revisions. SEIU concurs with the proposed revisions to the Service Maintenance Worker job specification and the Deputy City Attorney I & II are in the management unit and do not require SEIU approval. There is no budgetary impact as the salaries will remain the same. The revised job specifications for the Deputy City Attorney I & II were presented to the Miscellaneous Civil Service Board and approved at their November 16, 2010 meeting, and the revised job specification for the Service Maintenance Worker was presented to the Board and approved at their December 21, 2010 meeting. (cc) A ADMINISTRATIVE REPORT LIFT MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: 6.t. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD C. DATE: January 21, 2011 CITY ATTORNEY p,. CITY MANAGER ICS SUBJECT: Appropriate $600,000 CalHome Grant Funds to the Economic and Community Development Department Operating Budget within the CalHome Program Fund for a City-wide Dowpayment Assistance program for income eligible homebuyers. (All Wards) RECOMMENDATION: Staff recommends approval, BACKGROUND: In June of 2007, the Bakersfield Redevelopment Agency applied for and received a grant in the amount of $600,000 from the State of California Housing and Community Development Department (HCD) to provide Downpayment assistance to the Baker Street Village Project. The grant originally provided first time low-income homebuyers purchasing a home in Baker Street Village up to $40,000 in downpayment assistance and closing costs. Because of extreme economic conditions, Baker Street Village was converted to a rental project to be owned and operated by the Housing Authority of Kern County and no longer requires a home ownership assistance component. HCD has approved an amendment to the grant extending the boundaries to provide downpayment assistance City-wide. The downpayment assistance program shall be offered to low-income eligible persons and families seeking to purchase a new or resell home within the incorporated area of the City of Bakersfield. The home ownership assistance will be a deferred loan (silent second) to provide downpayment assistance and closing costs. The loan term will be 30 years at 0% interest with the balance due in year 30, The grant will terminate on June 28, 2011. January 21, 2011, 10:35AM S:\Admins\City Council\City Council Admins 2011 \CalHome Appropriation 02021 l.docx tc MEETING DATE: February 2, 2011 AGENDA SECTION: Consent Calendar ITEM: . U . TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: January 25, 2011 DEPARTMENT HEAD Nf CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $27,438 Federal Grant Revenue and $7,431 Fund Balance to the Fire Department operating budget within the Metropolitan Medical Response System (MMRS) Fund. RECOMMENDATION: Staff recommends approval. BACKGROUND: A special fund was established in 2007/08 to account for the Metropolitan Medical Response System (MMRS) Fund. These grant awards provide funding to further enhance and maintain preparedness for local response to high-casualty events. During a reconciliation process related to the MMRS grant funding, it was discovered that not all the available grant proceeds had been appropriated to the budget when the special fund was originally established. Approval of the $27,438 appropriation will correct the City records, thereby balancing the level of appropriations to equal the remaining grant funds. The $7,431 fund balance being appropriated is related to interest earnings associated with the MMRS grant funds and these interest earnings can only be used for the same purposes authorized under the terms of the grant. nks January 25, 2011, 12:01 PM SAdminlAdmin ReportsWdmin - MMRS 2007 revised jan 2011 b.doc A U ADMINISTRATIVE REPORT MEETING DATE: February 2, 2011 AGENDA SECTION: Closed Session ITEM: ( a-, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: January 13, 2011 CITY ATTORNEY CITY MANAGER /W SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Two cases). • Canyons, LLC, et al. v. City of Bakersfield KCSC Case No. S-1500-CV-260175 AEW 5t" District Court of Appeal No. F053439 • John M. Tarabino, et al. v. City of Bakersfield KCSC Case No. S-1500-CV-257620 SPC VG:Isc S:\COUNCIL\CI Sess\Admins\ 10-11 \2-02-1 1 ExistLit.docx AK ~~~,,pLPCR„ F Cn ADMINISTRATIVE REPORT LIFO MEETING DATE: February 2, 2011 AGENDA SECTION: Reports ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager January 25, 2011 DEPARTMENT HEAD APPROVED CITY ATTORNEY CITY MANAGER Review of Retiree Medical Liabilities and Annual Valuation Report RECOMMENDATION: No action required. BACKGROUND: On September 29, 2010, the City's health care consultant (Segal) provided both the Insurance and Personnel Committees with a report on the City's retiree medical liabilities and the updated annual valuation report. As a part of this presentation, Segal also provided the two committees with strategies to reduce the City's unfunded retiree medical liabilities. At the October 13, 2010 City Council Meeting, Councilmember Weir requested that Segal provide the full council with the some report sometime after the new year. Segal will be presenting an overview of the City's retiree medical liabilities based on the most recent annual valuation report, as well as discussing options to reduce the unfunded retiree medical liability. January 25, 2011, 3:42PM s:\Admin Rpts\2011\Segal Retiree Medical Report.docx BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 12, 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, Weir, Hanson, Sullivan (seated at 5:17 p.m.), Johnson Absent: None. 2. INVOCATION by Chaplain Angelo Frazier, Bakersfield Rescue Mission. 3. PLEDGE OF ALLEGIANCE by Elias Munoz, 5," grade student at Col. Nichols School. 4. WORKSHOPS None. 5. PRESENTATIONS a. Presentation by Mayor Hall of Certificates of Achievement to Javier Bermea, representing State Farm Insurance Bakersfield Operations Center, and Aaron Wunderlich, representing Frito Lay, Inc., acknowledging the companies being honored as 2010 CalRecycle Waste Reduction Award recipients. Mr. Bermea accepted the Certificate for State Farm and made comments. 6. PUBLIC STATEMENTS ACTION TAKEN None. Bakersfield, California, January 12, 2011 - Page 2 7. APPOINTMENTS ACTION TAKEN a. One appointment to the Board of Building Appeals due to the long-term vacancy previously held by John Cohrs. City Clerk Gafford announced that one application has been received from Ray Chopra. Motion by Vice-Mayor Couch to appoint Ray Chopra APPROVED to the Board of Building Appeals. b. Appointments to City Council Committees and other special Committees and Boards by Vice- Mayor for 2011-2012. Vice-Mayor Couch provided a list to the City Council of APPROVED his recommended appointments and made a motion to approve those appointments with a change to the City Selection Committee appointments (listed below). BUDGET AND FINANCE Johnson - Chairperson Weir Benham COMMUNITY SERVICES Sullivan - Chairperson Solos Couch PLANNING AND DEVELOPMENT Hanson - Chairperson Benham Weir SAFE NEIGHBORHOODS Solos - Chairperson Johnson Sullivan LEGISLATION AND LITIGATION Benham - Chairperson Sullivan Solos PERSONNEL Weir - Chairperson Couch Hanson Bakersfield, California, January 12, 2011 - Page 3 11. APPOINTMENTS continued Item 1 I .b. continued WATER Couch - Chairperson Hanson Johnson SOLID WASTE MANAGEMENT ADVISORY COMMITTEE Weir - Appointee Hanson - Alternate LAFCO Couch - Appointee Hanson - Alternate KERN COUNCIL OF GOVERNMENTS Hanson - Appointee Couch - Alternate PLANNING COMMISSION LIAISON Hanson - Appointee KERN COUNTY MUSEUM AUTHORITY Mayor Hall - Appointee SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT BOARD - CITY SELECTION COMMITTEE Salas - Appointee Johnson - Alternate KERN ECONOMIC DEVELOPMENT CORPORATION EDCD Director Kunz -Appointee 8. CONSENT CALENDAR Minutes: ACTION TAKEN a. Approval of minutes of the December 15, 2010 Regular City Council Meeting. Bakersfield, California, January 12, 2011 - Page 4 8. CONSENT CALENDAR continued Payments: b. Approval of department payments from December 3, 2010 to December 30, 2010 in the amount of $18,028,249.09 and self-insurance payments from December 3, 2010 to December 30, 2010 in the amount of $382,160.54. Ordinances: C. First Reading of Ordinance amending Municipal Code Section 1. 12,070 by adding Annexation No. 613 consisting of 6.36 acres located south of McKee Road, between Highway 99 and Ellashosh Street; and, Annexation No. 626 consisting of 33.68 acres located along the south side of Taft Highway, west of Highway 99, east and west of Compagnoni Street to Ward 7. Resolutions: d. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secures 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 the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to the Section 34090 et seq. of the Government Code. (Finance Department) Amendment No. 2 to Resolution No. 088-10 approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Government Code Section 34090, et seq. (Public Works Department) ACTION TAKEN ABS COUCH, JOHNSON FR RES 001-11 RES 002-11 RES 088-10(2) Bakersfield, California, January 12, 2011 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN g. Sewer connection and construction fees assessments for 4312 Joseph Drive: Resolution confirming assessments for RES 003-11 sewer connection and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Heidi Boyette to pay AGR 11-001 sewer connection and construction fees in installments and notice of special assessment lien. h. Resolution of Intention No. 1681 to order the REMOVED FOR vacation of 27th Street between the east right of SEPARATE way of Chester Avenue and the west right of CONSIDERATION way of K Street and a portion of the north/south alley between 28th Street and 26th Street. Resolution of Intention No. 1682 to order the ROI 1682 vacation of 13th Street from the east right of way of P Street to the east right of way of the Kern Island Canal; Q Street from the north right of way of California Avenue to the south right of way of 13th Street and the east/west alley located in Block 387. Resolution of Intention No. 1684 to add territory, ROI 1684 Area 4-99 (Q Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. k. Resolution of Intention No. 1685 to add territory, ROI 1685 Area 4-100 (Mill Creek) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: Agreement with Kern High School District (not to AGR 11-002 exceed $75,000 paid to the City) for use of aquatic facilities for practice and swim meets. Bakersfield, California, January 12, 2011 - Page 6 8. CONSENT CALENDAR continued M. Amendment No. 1 to Agreement No. CA 10-004 with Griswold, LaSalle, Cobb, Dowd & Gin, LLP (not to exceed $80,000) for outside legal services in the matter of City v. Wanamaker, et al (KCSC Case No. S-1500-CV-264881 SPC) and City v Wanamaker, et al (KCSC Case No. S-1500-CV-269940 SPC). n. Amendment No. 2 to Agreement No. 90-279 with Nextel Spectrum Acquisition Corp. (extend term and increase rent) for radio tower lease at 8101 Ashe Road. o. Amendment No. 1 to Agreement No. 09-028 with Nolte Associates, Inc. ($2,714,974.46; revised not to exceed $6,908,545.94) for construction management services for the Westside Parkway Project. (TRIP) P. Wastewater Treatment Plant No. 3 - 2007 Expansion Project: Final Contract Change Order No. 14 to Agreement No. 07-302 with Kiewit Pacific Corp. ($99,500; revised not to exceed $219,461,820) for project. 2. Appropriate $99,500 Sewer Enterprise Fund Balance (Wastewater Treatment Plant No. 3) to the Public Works Capital Improvement Budget to fund project. Bids: q. Accept bid and approve contract with Terry Bedford Concrete Construction, Inc. (not to exceed $1,085,629.79) for construction of HUD curb and gutter. Miscellaneous: r. Appropriate $102,403 Federal Grant funds from the USDA Forest Service and $55,403 State Grant funds from the California Emergency management Agency to the Fire Department Operating Budget within the General Fund for reimbursement of personnel costs on mutual aid assignments. ACTION TAKEN AGR 11-003 REMOVED AGR 09-028(1) AGR 07-302 CCO 14 AGR 11-004 Bakersfield, California, January 12, 2011 - Page 7 8. CONSENT CALENDAR continued Metropolitan Medical Response System (MMRS) FY 2010 Grant: Accept Federal grant for $317,419 FY 2010 MMRS Grant. 2. Appropriate $67,000 Federal Grant Revenue to the Fire Department Operating Budget within the MMRS Fund. t. Appropriate $68,560 from First Five Kern grant revenues to the Recreation and Parks Operating Budget to provide a water safety education program (Make-A-Splash). U. Review and accept Fiscal year 2009-2010 Annual Compliance Report for park impact fees prepared in accordance with California Government Code §66006. V. Review and accept Fiscal year 2009-2010 Annual Compliance Report for bridge crossing and major thoroughfare fees prepared in accordance with California Government Code §66006. W. Review and accept Fiscal year 2009-2010 Annual Compliance Report for planned drainage area fees prepared in accordance with California Government Code §66006. Review and accept Fiscal year 2009-2010 Annual Compliance Report for planned sewer area fees prepared in accordance with California Government Code §66006. Y. Review and accept Fiscal year 2009-2010 Annual Compliance Report for transportation impact fees prepared in accordance with California Government Code §66006. Resolution opposing the Governor's efforts to eliminate California Redevelopment Agencies or reduce Redevelopment funding which will result in extreme negative repercussions to the Bakersfield Community. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, January 12, 2011 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN City Clerk Gafford announced that staff has submitted corrected exhibits to item 8.k., and staff has also requested that item 8.n. be pulled from the agenda. Councilmember Salas requested that item 8.z. be removed for separate consideration. Councilmember Benham requested that item 8.h. be removed for separate consideration. Councilmember Johnson announced he would abstain due to conflict of interest, source of income to himself, spouse, dependents or his employer, on item 8.b. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer, on item 8.b. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.z., with the removal of item 8.n., and separate consideration for items 8.h. and 8.z. h. Resolution of Intention No. 1681 to order the vacation of 27th Street between the east right of way of Chester Avenue and the west right of way of K Street and a portion of the north/south alley between 28th Street and 26th Street. Motion by Councilmember Benham to defer action on APPROVED this item until the February 16th Council Meeting. Z. Resolution opposing the Governor's efforts to RES 004-11 eliminate California Redevelopment Agencies or reduce Redevelopment funding which will result in extreme negative repercussions to the Bakersfield Community. Councilmember Salas requested the resolution be amended to reflect the impact to the local economy and the impact on creating jobs and the lives in the city. Councilmember Johnson expressed that this resolution sends the message that the Council does not support Sacramento taking Bakersfield's money, and further, this is an issue of supporting Bakersfield. Bakersfield, California, January 12, 2011 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Motion by Councilmember Salas to adopt the APPROVED Resolution with the amendments as stated by himself and Councilmember Johnson. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Public Hearing to consider Resolution making RES 005-11 findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. Planning Director Eggert made staff comments and recommended adoption of the Resolution. Hearing opened at 5:33 p.m. No one spoke. Hearing closed at 5:33 p.m. Motion by Vice-Mayor Couch to adopt the Resolution. APPROVED 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Benham asked staff to contact her regarding a constituent concern about sewer fees on a property tax bill. Councilmember Johnson acknowledged staff's efforts during the recent flooding events; and thanked staff for responding to his requests during the past several weeks. Bakersfield, California, January 12, 2011 - Page 10 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall advised that the Kern County Museum complex is presently under a transition to find a new operating agent for the Museum properties and Pioneer Village, and they will be holding a charrette on January 29th at the Museum from 10:00 a.m. to 12:00 Noon to solicit suggestions and recommendations from the public for making improvements to the Museum properties. Mayor Hall acknowledged the efforts of our community by voting during the Stop Hunger Campaign, resulting in winning $100,000 from Walmart, which will help the Gleaners and the Community Action Partnership food banks. 15. CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1)/54957.6. Motion by Vice-Mayor Couch to adjourn to Closed APPROVED Session at 5:38 p.m. Motion by Councilmember Hanson to adjourn from APPROVED Closed Session at 7:00 p.m. RECONVENED MEETING AT 7:05 p.m. 16. CLOSED SESSION ACTION a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1)/54957.6. Mayor Hall announced the City Attorney received COMPLETED many positive comments from the City Council FAVORABLE regarding the work of the City Attorney and her office, EVALUATION and advised that she has not asked for additional compensation. Bakersfield, California, January 12, 2011 - Page 11 17. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 7:05 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield