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HomeMy WebLinkAbout04/13/11_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF APRIL 13, 2011 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Chaplain Kerry Bulls, Bakersfield Heart Hospital. 3. PLEDGE OF ALLEGIANCE by Averi Burton, 7m grade student at Freedom Middle School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Linda Vernon, Bakersfield Association of Realtors, declaring April, 2011, Fair Housing Month. b. Presentation by Mayor Hall of a Proclamation to Omar Macias declaring April, 2011, Motorcycle Awareness Month. 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Demonstration of Smart Phone Application to report graffiti. (Bob Trammell, Information Technology Director) 7. APPOINTMENTS a. Two appointments to the Bakersfield Redevelopment Agency due to the expiration of terms of Frederick Prince and Larry Koman, whose terms expire April 22, 2011. Staff recommends Council determination. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 30, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from March 18, 2011 to March 31, 2011 in the amount of $11,362,334.75 and self-insurance payments from March 18, 2011 to March 31, 2011 in the amount of $205,875.81, totaling $11,568,210.56. Ordinances: (Ward 4,6) c. First Reading of Ordinance amending Municipal Code Sections § 1. 12.040 and §1.12.060 by adding Annexation No. 623 consisting of 1597.73 acres located west of Santa Fe Way between Seventh Standard Road and Kratzmeyer Road to Ward 4; Annexation No. 625 consisting of 793.26 acres located west of Renfro Road, east of Nord Avenue, between Kratzmeyer Road and Reina Road to Ward 4; and Annexation No. 573 consisting of 19.68 acres located north of Engle Road between Stine Road and Ashe Road to Ward 6. 8. CONSENT CALENDAR continued Resolutions: d. Resolution for Employer Paid Member Contributions (EPMC) to the California Public Employees' Retirement System. Agreements: (Ward 7) e. Agreement with Steven M. Del Papa and Loretta M. Del Papa, Trustees of the Steven D. Del Papa and Loretta M. Del Papa Trust, and Josephine D. Del Papa, Trustee of the Josephine D. Del Papa Living Trust for the purchase of real property ($290,075) located at the northwest corner of Hosking Avenue and S. H Street for the future Hosking Road and State Highway 99 interchange. f. Agreement with outside counsel, Clifford and Brown (not to exceed $150,000) for outside legal services concerning potential freeway litigation matters. g. Amendment No. 1 to Agreement No. 10-036 with Loop Electric, Inc. (no change to compensation, extends term for one year) for vehicle loop cutting. h. Amendment No. 1 to Agreement No. 08-156 with Dresser Services, Inc. (no change to compensation, extends term for two years) for on-call asbestos survey report services for Capital Improvement Projects. (Ward 6) i. Contract Change Order No. 3 to Agreement No. 10-152 with Security Paving, Inc. ($19,654.07; revised not to exceed $2,161,065.20) for the Street Improvements: McCutchen Road from Gosford Road to Ashe Road & Waterline Extension to Wastewater Treatment Plant No. 3 Project. (Ward 5) j. Contract Change Order Nos. 1, 2 & 3 to Agreement No. 10-099 with S.C. Anderson, Inc. ($40,116.39; revised not to exceed $1,879,116.39) for the Greystone Neighborhood Park Project. Bids: (Ward 2,6) k. Accept bid and approve contract with Loop Electric, Inc. ($195,006.10) for the installation of Traffic Monitoring Cameras - Part 2 Project. (Ward 1) I. Accept bid and approve contract with Bradley & Sons, Inc. ($74,060) for construction of the Wastewater Treatment Plant No. 2 Monitor Wells Installation Phase 1 Project. (Ward 2) M. Accept base bid plus additive alternate No. 1 and approve contract with Brown and Fowler Construction, Inc. ($197,717) for the Central Park Playground Rehabilitation Project. (Ward 1) n. Accept bid and approve contract with West Coast Crushing and Recycling, Inc. ($93,000) for Lowell Park Playground Rehabilitation Project. Miscellaneous: o. Appropriate $329,475 State Grant Revenues (CAL-GRIP Grant from the Office of Emergency Services) to the General Fund Police Operating Budget for the expansion of the Safe Community Partnership Strategy to reduce gang violence. 2 City Council Meeting of 04/13/2011 8. CONSENT CALENDAR continued (wards 1,2,7) p. Appropriate $3,320,927 Neighborhood Stabilization Program (NSP3) funds to the Operating Budget In the Neighborhood Stabilization Program Fund to assist with abandoned, foreclosed and vacant properties. q. Budget and Finance Committee Report regarding FY 11 /12 Community Development Block Grant (CDBG - $3,634,857), HOME Investment Partnership (HOME - $1,725,784) and Emergency Shelter Grant (ESG - $147,357) Annual Action Plan submittal (Total - $5,514,998). (Budget & Finance Committee recommends acceptance of the report, and authorize the City Manager to execute all necessary HUD documents required to submit the Annual Action Plan.) Staff recommends adoption of Consent Calendar items 8. a. through 8, q. 9. CONSENT CALENDAR PUBLIC HEARINGS (ward 2) a. Public Hearing to consider Resolution ordering 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. (Hearing opened and continued at the 3130111 meeting.) (Staff recommends adoption of resolution.) b. Public Hearing to consider the proposed expenditure plan for the 2009-11 Supplemental Law Enforcement Services Funding (S.L.E.S.F). (Staff recommends approval of the proposed expenditures and appropriations.) 1. Appropriate $148,315 State Grant revenues to the Police Operating Budget within the S.L.E. S. F. Fund. C. Public Hearing to consider Resolution adopting industrial and commercial sewer service user surcharges for Fiscal year 2011-12 (proposed rate increase of 2.5%). (Staff recommends adoption of resolution.) 10. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9. (One matter) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for City of Wanamaker, et al - KCSC Case No. S-1500-CV-269940 SPC. C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. RECESS TO CLOSED SESSION 11. CLOSED SESSION ACTION 12. HEARINGS 13. REPORTS a. Update on High Speed Rail. 3 City Council Meeting of 04/13/2011 14. DEFERRED BUSINESS a. City Council Goals Update - Phase 3: Review of City Councilmembers' Proposed Revisions. Staff recommends Council determination regarding the proposed updates and adoption of the City Council goals. 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 4/8/11 10:30am 4 City Council Meeting of 04/13/2011 AGENDA HIGHLIGHTS April 13, 2011 COUNCIL MEETING 4 1 REGULAR MEETING - 5:15 p.m. WORKSHOPS Information Technology staff will provide a demonstration of the Smart Phone application that has been developed to report graffiti. APPOINTMENTS There will be two appointments to the Bakersfield Redevelopment Agency. CONSENT CALENDAR Ordinances Item 8c. First Readina of Ordinance to annex properties In Wards 4 and 6. There are three proposed annexations: # 623 Is west of Santa Fe Way between Seventh Standard and Kratzmeyer Roads, as requested by four property owners listed In the Administrative Report. #625 is west of Renfro Road, east of Nord Avenue, between Kratzmeyer and Reina Roads, as requested by five property owners listed in the Administrative Report. Both annexations are in Ward 4 and were requested for reasons of long range planning and access to urban services. #573 is north of Engle Road between Stine and Ashe Roads in Ward 6, and was requested by the property owners, Bakersfield 19, LLC. Item 8d. Resolution for Employer Paid Member Contributions to PERS. As a result of the passage of Measure D in November 2010, sworn public safety employees hired after January 1, 2011 are to pay 100% of their normal member PERS contributions. This Resolution for approval by the City Council Is to update the City's EPMC policy to conform with the requirements of Measure D, Miscellaneous Item 8o. State Grant appropriation for expansion of the Safe Community Partnership Strategy to reduce gang violence. The Police Department serves as the lead agency in the Safe Community Partnership Strategy to reduce violence. The BPD has received a two year grant in the amount of $329,475, which requires a 100% match. The match will be satisfied by an in- kind/cash match basis calculated from salaried officers who respond to gang calls and community gang forum participation and from the Kern County Superintendent of Schools, as calculated from salary and benefits from the Nurse Family Partnership program. This action requests the appropriation of the grant funding to the General Fund Police Operating Budget. Item 8p. Appropriation of Neighborhood Stabilization Program funds (Round three). In February, 2011, the City Council approved an amendment to the FY 10/11 HUD Action Plan amendment for the allocation of $3,320,927 In NSP funds. $2,888,834 has been designated for the purchase and rehabilitation of abandoned, foreclosed, or vacant residential properties, $332,093 to demolish blighted structures in the NSP3 target areas, and $100,000 for program administration. This action is for the appropriation of the funding to the operating budget in the NSP Fund. Item 8q. Annual HUD Action Plan for FY 2011/12. Required by HUD, the Annual Action Plan outlines the activities the City will undertake to address community development and housing needs, as Identified in the five year Consolidated Plan that was adopted by the City Council In May, 2010. The annual action plan for FY 2011/12 totals $5,514,998 and Includes funding as follows; CDBG - $3,634,857, HOME Investment Partnership - $1,725,784, and Emergency Shelter Grant - $147,357. On February 1, 2011, The Budget and Finance Committee recommended that the proposed FY 11 /12 Action Plan be forwarded to the Full Council for review and approval. CONSENT CALENDAR PUBLIC HEARINGS Item 9a. Resolution for the vacation of 271h Street between Chester Avenue and K Street and a portion of the alley between 28th and 26m Streets. This is a request from San Joaquin Hospital in preparation for a redevelopment project on adjacent property. Four letters of opposition were received from property owners In the area. The applicant met with them to address their concerns, and three have since withdrawn their opposition. To date, one property owner remains opposed. This hearing was continued from the April 13, 2011 City Council meeting, because remaining documentation needed to be submitted by the applicant. Item 9c. Resolution adoptina industrial and commercial sewer service user surcharaes for FY 2011/12. Sewer user fees are adopted annually to cover operating costs and maintenance for the sewer treatment plants and existing sewer collection system. In addition to an annual flat rate sewer fee, a monthly surcharge is assessed if flow and sewer strength for commercial/industrial users exceeds the baseline amount. Adjustments to the surcharge are based on annual operating costs, capital Improvement costs related to sewer/storm water collection systems and wastewater treatment plants, and the daily design capacity of the system. Based on staff analysis, the Increase for FY 2011 /12 for commercial/industrial users will average 2.5%. CLOSED SESSION There will be a conference with legal counsel regarding one matter of potential litigation and one matter of existing litigation and a conference with the Labor Negotiator. REPO Item 13b. Staff will present an update on the High Speed Roil project. DEFERRED BUSINESS Item 14a. Phase 3 of the City Council Goals upate will include a review of the changes that have been proposed by the City Councilmembers. . Approved: 197-1 Alan Tandy, City Manager +eS cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - April 13, 2011 Council Meeting Page 2 e„ ADMINISTRATIVE REPORT ATIL 10 MEETING DATE: April 13, 2011 AGENDA SECTION: Presentations ITEM: a, TO: Honorable Mayor and City Council PR ED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD50 DATE: April 1, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Proclamation to Linda Vernon, Bakersfield Association of Realtors, declaring April 2011, Fair Housing Month in the City of Bakersfield. RECOMMENDATION: BACKGROUND: krt OF eovne+r ADMINISTRATIVE REPORT c L! o MEETING DATE: April 13, 2011 AGENDA SECTION: Presentations ITEM: L4. b TO: Honorable Mayor and City Council D FROM: Mayor Harvey L. Hall DEPARTMENT HEA DATE: April 1, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Proclamation to Omar Macias declaring April, 2011, Motorcycle Awareness Month. RECOMMENDATION: BACKGROUND: krt A L U ADMINISTRATIVE REPORT MEETING DATE: April 13, 2011 AGENDA SECTION: Workshop ITEM: (p , . TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: April 1, 2011 CITY ATTORNEY CITY MANAGERS SUBJECT: Demonstration of Smart Phone Application to Report Graffiti RECOMMENDATION: BACKGROUND: Information Technology Director, Bob Trammell will provide a demonstration of a Smart Phone application to report graffiti. AL April 1, 2011 10:31 AM S:\Admin Rpts\201 1 \Smart Phone Workshop 04.13.1 l .docx A 04 ADMINISTRATIVE REPORT IF MEETING DATE: April 13, 2011 AGENDA SECTION: Appointments ITEM: 11.0- TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD 044 4,At DATE: April 1, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Two Appointments to the Bakersfield Redevelopment Agency due to the expiration of terms of Frederick Prince and Larry Koman, whose terms expire April 22, 2011. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There are two appointments to the Bakersfield Redevelopment Agency due to the expiration of terms of Frederick Prince and Larry Koman, whose terms expire April 22, 2011. Applications for appointment have been received from the following: • Frederick Prince • Larry Koman The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven (7) members, appointed by the Mayor and approved by the Council. Agency members must be registered voters and residents of the City throughout the remainder of their term. The agency transacts business and exercises its powers under Community Redevelopment Law. Meetings are generally held the second Monday of each month at 4:00 p.m., City Hall North, 1600 Truxtun Avenue. RG:al April 7, 2011, 10:OOAM S:\Bds&Comm\BRDA\2011\Admin April 2011.docx A ~ + r ADMINISTRATIVE REPORT 1 MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: G TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD 46 /z,, DATE: April 1, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the March 30, 2011 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: nw A ADMINISTRATIVE REPORT MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: March 31, 2011 CITY ATTORNEY GI CITY MANAGER- SUBJECT: Receive and file department payments from March 18, 2011 to March 31, 2011 in the amount of $11,362,334.75 and Self Insurance payments from March 18, 2011 to March 31, 2011 in the amount of $205,875.81, totaling $11,568,210.56. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: March 31, 2011, 140PM SAKim G\HDMIN\COUNCIL-ADMIN-AP-201 1WDMIN-AP 041311.doc ~ M ADMINISTRATIVE REPORT u 1 MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Jim Eggert, Planning Director DEPARTMENT HEAD DATE: March 15, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections §1.12.040 and §1.12.060 by adding Annexation No. 623 consisting of 1597.73 acres located west of Santa Fe Way between Seventh Standard Road and Kratzmeyer Road to Ward 4; Annexation No. 625 consisting of 793.26 acres located west of Renfro Road, east of Nord Avenue, between Kratzmeyer Road and Reina Road to Ward 4; and Annexation No. 573 consisting of 19.68 acres located north of Engle Road between Stine Road and Ashe Road to Ward 6. (Wards 4 & 6) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexations 623, 625 and 573 into their corresponding Council ward. These annexations were recently approved by LAFCO. Annexation No. 623 is located west of Santa Fe Way, between Seventh Standard Road and Kratzmeyer Road. The annexation territory includes 1597.73 acres known as West Rosedale Ranch. The property owners (Keith Gardiner, Gardiner Family LLC, Rosedale Farming Group, and Grimmway Enterprises Inc.) requested annexation to enable long range planning and access to urban services. This area will be included into Ward 4. Annexation No. 625 is located west of Renfro Road, east of Nord Avenue, between Kratzmeyer Road and Reina Road. This annexation consists of 793.26 acres known as Kratzmeyer Ranch. The property owners (Kari L. Grimm Marital Trust, Pascoe Living Trust, Rodney L. Grimm Marital Trust, Crystal Organic Farms LLC, Diamond Farming Company, and Pacific Crown Holdings Inc.) requested annexation to enable long range planning of the area and access to urban services. This area will be included into Ward 4. Annexation No. 573 consists of 19.68 acres and is located north of Engle Road, between Stine Road and Ashe Road. The property owners (Bakersfield 19, LLC) requested annexation to the city. This area will be included into Ward 6. JE:dl\ S:\Annexation\Ordinances\2011 \Admin Draft 4-13 623, 625 & 573.doc BA O~ o .w„ ADMINISTRATIVE REPORT N% ,o MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. d, TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: April 5, 2011 CITY ATTORNEY CITY MANAGER- SUBJECT: Resolution for Employer Paid Member Contributions (EPMC) to the California Public Employees' Retirement System (CalPERS). RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: 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. Measure D also requires these newly hired safety employees to pay 100% of their normal member contributions to PERS. The City recently completed the CalPERS contract amendment process (effective April 11, 2011) to implement the voter approved changes to the retirement formula, detailed above. The attached Resolution updates the City's current Employer Paid Member Contribution (EPMC) policy by clearly stating that newly hired safety employees, identified in the newly established PERS coverage groups, will be eligible for 0% EPMC. The adoption of this Resolution is the last step in conforming to the requirements of Measure D. April 5, 2011, 2:51 PM U C7 0 A ADMINISTRATIVE REPORT MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: e, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD A' DATE: March 29, 2011 CITY ATTORNEY Q~. CITY MANAGER F~ SUBJECT: Agreement with Steven M. Del Papa and Loretta M. Del Papa, Trustees of the Steven D. Del Papa and Loretta M. Del Papa Trust, dated July 6, 2000 and Josephine D. Del Papa, Trustee of the Josephine D. Del Papa Living Trust for the purchase of real property ($290,075) located at the northwest corner of Hosking Avenue and South H Street for the future Hosking Road and State Highway 99 Interchange. (Ward 7) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City is acquiring approximately 1.38 acres of vacant land from the Del Papas for the future highway interchange at Hosking Avenue and State Highway 99. The purchase price of $290,075 is a product of negotiations based an appraisal prepared by Kern Appraisal Company, an independent appraisal firm. Traffic Impact Fees are budgeted to fund this purchase since the Hosking at 99 Interchange is on the Traffic Impact Fee Facilities List. There is no General Fund impact associated with this acquisition. March 29, 2011, 10:42AM P:\MyFiles\Admin Reports\Deftpa Hosking.doc DMA/s A ADMINISTRATIVE REPORT MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: April 1, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with outside counsel, Clifford and Brown for legal services in an amount not to exceed $150,000 concerning Potential Freeway Litigation Matters. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: Clifford and Brown handles a majority of our tort litigation matters on a flat rate basis. Occasionally, there are matters of a more complex nature that the agreement allows them to handle, upon approval by City Council. They are a diversified law firm, that has represented the City in the past on land use matters. This contract will allow them to handle potential litigation items concerning freeway matters. Expenses In this matter are paid by the Public Works Department under Project #T31<066 for the Westside Parkway Project. This Agreement has a Not to Exceed Limitation on compensation in the amount of $150,000. VG;oc Documentl April 4, 2011, 11:29AM A vo ° ADMINISTRATIVE REPORT 1 MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD -V3 DATE: March 30, 2011 CITY ATTORNEY Af--~ CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 10-036 with Loop Electric, Incorporated extending the term for one (1) year (zero dollar increase)for the annual contract for vehicle loop cutting. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On March 24, 2010, Council approved the annual contract for vehicle loop cutting with Loop Electric, Incorporated in the amount of $52,250; renewable annually thereafter for four (4) consecutive one-year periods. If approved, Amendment No. 1 will extend the term one (1) year with no dollar increase. Funds are budgeted in the departmental operating account in the General Fund. Approval of the amendment will allow the Public Works Department to continue to meet the City's traffic signal repair needs. Purchasing Division/ch &TURCHIADMHArnendments 10-11 Wmend.#1 to Agmt 10-036, Loop Electric Inc April 13, 2011.doc March 31, 2011, 9:18AM A ADMINISTRATIVE REPORT c`aw * MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD 3 ~U DATE: March 31, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 08-156 with Dresser Services, Inc. (amend term of agreement only; no change in compensation amount) to extend term of agreement by additonal two years for on-call abestos survey report services for Capital Improvement Projects (All Wards). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: Agreement No. 08-156 with Dresser Services Inc (Consultant) was awarded by City Council on September 17, 2008. The City uses the on-call survey Consultant to survey both property to be demolished and upgrades to public buildings. In addition, the Counsultant may monitor air quality within City buildings for the presence of asbestos containing materials. Agreement No. 08-156 has a $75,000 not-to-exceed compensation clause and was for a two year period ending on June 30, 2011. Staff proposes amending the Agreement to extend the term for an additional two years which would be June 30, 2013. Sufficient funds remain on the Agreement; therefore, no change in compensation is necessary at this time. The funding source for this Agreement will be through budgeted projects. (WGM) March 31, 2011, 11:05AM G:\GROUPDAT\ADMINRPTW DMINFORM.doc A ADMINISTRATIVE REPORT MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: g. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD '91S u DATE: March 31, 2011 CITY ATTORNEY Q,. CITY MANAGER ~U SUBJECT: Contract Change Order No. 3 to Agreement No. 10-152 with Security Paving, Inc. ($19,654.07; revised not to exceed $2,161,065.20) for the project known as Street Improvements: McCutchen Road From Gosford Road to Ashe Road & Waterline Extension to Wastewater Treatment Plant #3 (Ward 6). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the construction of McCutchen Road from Gosford Road to Ashe Road and for the extension of the waterline on McCutchen Road to supply water to Wastewater Treatment Plant #3. This change order provides for the installation of a waterproof membrane on the backside of the retaining wall along the south side of McCutchen Road. This membrane is necessary in order to prevent the seepage of alkali through the block wall. The contractor has agreed to install this waterproof membrane for the lump sum price of $19,654.07 The net cost increase of Change Order No. 3 is $19,654.07. The sum of all change orders to date on this project reflects a total cost increase of $56,194.70 (which is an increase of 2.7% of the original contract amount) as illustrated below: • Original Contract Amount = $2,104,870.50 • Amended Contract Agreement after Change Orders = $2,161,065.20 Net Increase to date = $ 56,194.70 Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact associated with this Change Order. RM (Construction) March 31, 2011, 11:07AM G:\GROUPDAT\ADMINRPT\2011\04-13\CCO 3 McCutcheon Rd Improvements Gosford to Ashe doc A OF yw + S ADMINISTRATIVE REPORT .v,~ 0 MEETING DATE: April 13, 201 1 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEADb DATE: March 30, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order Nos. 1, 2, and 3 to Agreement No. 10-099 with S.C. Anderson, Inc. ($40,116.39; revised not to exceed $1,879,116.39) for the project known as Greystone Neighborhood Park (Ward 5). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project provides for the construction of Greystone Neighborhood Park at the southwest corner of Mountain Vista Drive and Harris Road. Contract Change Order No. 1 provides for additional earthwork, surveying, and multiple equipment mobilizations required by the mitigation process to relocate burrowing owls at the park site. The contractor has agreed to accept a lump sum of $23,927.62 as full compensation for this work. Contract Change Order No. 2 provides for lowering a steel bore casing under Harris Road. This became necessary when a previously undetected PG&E electrical conduit was discovered during boring operations. This conduit is in direct conflict with the original bore casing elevation. As such, the original bore casing had to be abandoned and a new casing was installed three feet lower than the original casing. The contractor has agreed to accept a lump sum of $12,526.10 as full compensation for this work. Change Order No. 3 provides for upgrading the electrical meter pedestal. During construction, it was discovered that the meter pedestal specified for this project was incapable of handling the electrical demand from the irrigation booster pumps. The contractor has agreed to upgrade the electrical pedestal for the lump sum price of $3,662.67. The cumulative totals of Contract Change Orders 1 through 3 will increase the project total by $40,116.39 (which results in an 2.2% increase of the original contract amount) as illustrated below: • Original Contract Amount = $1,839,000.00 • Amended Contract Agreement after Change Orders = $1,879,116.39 Net Increase to date = $ 40,116.39 Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact associated with this Change Order. RM (Construction) March 31, 2011, 8:34AM GAGROUPDATWDMINRPT\2011\04-13\CCO 1-3 Greystone Park.doc F y~ A4+ ADMINISTRATIVE REPORT C fur, I 10 MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: March 31, 2011 CITY ATTORNEY CITY MANAGER )e SUBJECT: Accept bid and award contract to Loop Electric, Inc. ($195,006.10) for Install Traffic Monitoring Cameras - Part 2 Project (Wards 2 and 6). RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This project will install traffic monitoring cameras and fiber optic equipment at: • The intersection of Stockdale Hwy and California Avenue; and, • The intersection of Chester Avenue and Truxtun Avenue With these new cameras and fiber optic equipment installed, traffic signal timing along these segments can be optimized to improve traffic flow, reduce wait times, and improve air quality by reducing vehicle pollutants. This traffic signal monitoring project is funded predominately with federal Congestion Mitigation and Air Quality Program (CMAQ) funds. The federal portion of this project will fund 88.53% of this project's costs. The 11.47% local portion of this project is funded with local gas tax revenues. The Engineer's Estimate for this project is $205,579.00. On February 18, 2011, a total of two bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Loop Electric, Inc. 7040 Downing Ave. Bakersfield, CA 93308 (City) in the amount of $195,006.10 PTM General Engineering P.O. Box 7745 Riverside, CA 92513 in the amount of $ 222,022.00 Sufficient funds are budgeted to award the contract. There is no General Fund impact associated with this project. April 4, 2011, 9:17AM G:\GR0UPDAT\ADMINRPT\2011\04-13\AdmiRpt Monitoring Camera Part 2.docx JU ADMINISTRATIVE REPORT MEETING DATE: April 13, 201 1 AGENDA SECTION: Consent Calendar ITEM: . ( . TO: Honorable Mayor and City Council Ann V FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: March 8, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Bradley & Sons, Inc. ($74,060.00) for the construction of the Wastewater Treatment Plant No. 2 Monitor Wells Installation Phase 1 (Ward 1). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: California State Regional Water Quality Control Board (SWRCB) adopted new requirements which changes the monitoring and reporting program for Wastewater Treatment Plant No. 2 to include more extensive groundwater monitoring. Groundwater monitoring includes collecting groundwater samples at locations near the vicinity of Wastewater Treatment Plant No.2. Currently, there are no groundwater monitor wells located near Wastewater Treatment Plant 2. This project includes installation of four groundwater monitor wells and is the first of two phases. SWRCB has reviewed and concurred with the recommendations of the City's consultant, a hydrogeologist, to install eight monitor wells on-site and incorporate the wells into the quarterly sampling program. Installation of the monitor wells allows Wastewater Treatment Plant No. 2 to comply with SWRCB's requirements and potentially avoid costly expansion in the future. This project is funded entirely with Sewer Enterprise funds. The Engineer's Estimate for this construction contract was $75,000. Sufficient funds budgeted to award this contract. On March 8, 2011, a total of three bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Bradley & Sons, Inc. 3625 S. Highland Ave Del Rey CA 93616 in the amount of $74,060.00 Yellow Jacket Drilling Services 3922 E. University Drive, Suite 1 Phoenix AZ 85034 in the amount of $99,280.00 pw/wastewater/Is-E1 K204 March 29, 2011, 12:02PM G:\GROUPDATWDMINRPT\2011\04-13\WWfP#2 New Monitor Wells Installation E1K204 Contract Award.docx ADMINISTRATIVE REPORT Boart Long Year 1333 W. 9th Street Upland CA 91786 in the amount of $137,410.00 There is no General Fund impact associated with this project. pw/wastewater/Is-E1 K204 March 28, 2011, 12:02PM G:\GROUPDAT\ADMINRPT\2011\04-13\WWTP#2 New Monitor Wells Installation EIK204 Contract AWard.docx A OF ~,.Von,r n ADMINISTRATIVE REPORT 9 IF O MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: , r A. TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover - Recreation and Parks Director DEPARTMENT HEAD DATE: April 4, 2011 CITY ATTORNEY p CITY MANAGER /w SUBJECT: Accept base bid plus additive alternate no. 1 and award contract to Brown and Fowler Construction, Inc. ($197,717.00) for Central Park Playground Rehabilitation project (Ward 2). RECOMMENDATION: Staff recommends acceptance of bid and additive alternate no. 1 and award of contract. BACKGROUND: This project includes the removal and replacement of the existing outdated playground equipment at Central Park. The Base Bid includes the demolition of the existing equipment, furnishing. and installing new playground equipment, reinstallation of existing benches and a combination of sand and rubberized material surface at Central Park, located at 600 19th Street. Additive Alternate no. 1 includes the furnishing and installing of the rubberized material surface throughout all of the playground area. The rubberized material surface will allow for unrestricted access for all users, including handicap accessibility, to all features of the new playground equipment. In addition, the rubberized material surface is safer and more efficient to maintain than sand. The engineer's estimate for this project was $212,000 for the Base Bid and alternate. Funding is available for the Central Park Playground Rehabilitation project within the Community Development Block Grant Fund. No General Fund monies will be used. On March 3, 2011, five bids were received; all of those bids are acceptable. Those bids are as follows: Brown and Fowler Construction, Inc 3008 Antonino Avenue Bakersfield, Ca 93308 Base Bid in the amount of $144,572.00 Additive Alternate No. 1 $53,145.00 Total $197,717.00 Micon Construction Inc. 1616 Sierra Madre Circle Placentia, Ca 92870 Base Bid in the amount of $154,220.00 Additive Alternate No. 1 $46,128.00 $200,348.00 April 5, 2011, 8:38AM S:201 1 admin/central playground ADMINISTRATIVE REPORT Gospich Construction Co. 9530 Hageman B-344 Bakersfield, Ca 93312 Base Bid in the amount of $175,000.00 Additive Alternate No. 1 $48,000.00 Total $223,000.00 Community Playgrounds Inc. 1620 Grant Avenue, Suite 5 Navato, Ca 94945 Base Bid in the amount of $170,898.00 Additive Alternate No. 1 $93,841.00 Total $264,739.00 Malibu Pacific Tennis Courts Inc. 31133 Via Covinas Way, # 107 Westlake, Ca 91362 Base Bid in the amount of $203,550.00 Additive Alternate No. 1 $86,600.00 Total $290,150.00 Based on funds available, staff recommends acceptance of bid and award of contract to Brown and Fowler Construction, Inc. April 5, 2011, 8:38AM S:201 1 admin/central playground 9 A tcE ~ O cosroqrte s~ ADMINISTRATIVE REPORT cILIFO P MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: 8 , . TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover - Recreation and Parks Director DEPARTMENT HEAD a DATE: March 31, 2011 CITY ATTORNEY CITY MANAGER & SUBJECT: Accept bid and award contract to West Coast Crushing and Recycling Inc. ($93,000) for Lowell Park Playground Rehabilitation project (Ward 1). RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This project includes demolition of the existing outdated equipment, furnishing and installing new playground equipment at Lowell Park, located at 800 4t" Street. The engineer's estimate for this project was $140,000 for the Base Bid. Funding is available for the Central Park Playground Rehabilitation project within the Community Development Block Grant Fund. No General Fund monies will be used. On March 3, 2011, five bids were received; all of those bids are acceptable. Bids are as follows: West Coast Crushing and Recycling, Inc 2910 S. Archibald Ave. Ontario, Ca 91716 Base Bid in the amount of $93,000 Micon Construction Inc. 1616 Sierra Madre Circle Placentia, Ca 92870 Base Bid in the amount of $121,678 Gospich Construction Co. 9530 Hageman B-344 Bakersfield, Ca 93312 Base Bid in the amount of $126,000 Community Playgrounds Inc. 1620 Grant Avenue, Suite 5 Navato, Ca 94945 Base Bid in the amount of $139,888 Malibu Pacific Tennis Courts Inc. 31 133 Via Covinas Way, # 107 Westlake, Ca 91362 Base Bid in the amount of $147,100 Based on funds available, staff recommends acceptance of bid and award of contract to West Coast Crushing and Recycling, Inc. kt April 1, 2011, 8:41AM S:2011 admin/Lowell playground BAKE O~~cosvoR„ ADMINISTRATIVE REPORT IFQ MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD / DATE: April 1, 2011 CITY ATTORNEY CITY MANAGER ICJ SUBJECT: CAL-GRIP Grant Appropriation for the Bakersfield Police Department: 1. Appropriate $329,475 State Grant Revenues (CAL-GRIP Grant from the Office of Emergency Services) to the General Fund Police Operating Budget, for the expansion of the Safe Community Partnership Strategy to reduce gang violence. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The Bakersfield Police Department (BPD) has received a two-year grant in the amount of $329,475 under the California Gang Reduction, Intervention, and Prevention Program (CaIGRIP) from the California Emergency Management Agency (CalEMA). The Bakersfield Police Department continues to serve as the lead agency in the Safe Community Partnership (SCP) strategy to reduce violence in one of the city's most troubled areas (south of Columbus Avenue to Panama Lane, east of H Street to Fairfax Avenue). The SCP began in April 2010 with funding from the 2009 CaIGRIP grant. The BPD has received additional funds through the 2010 CaIGRIP grant to expand services provided to the target population which is both victim and source of a disproportionate amount of gang violence. The Bakersfield Police Department will expand its partnership with Kern County Superintendent of Schools and Kern Network for Children to administer the evidence-based program Nurse Family Partnership (NFP) and staff a Special Projects Facilitator who will coordinate services and referrals for gang members and their families in order to effect a long-term reduction in gang violence. The Bakersfield Police Department will also carry out a truancy reduction program intended to target youth most at risk of gang participation and violence. Page 1 of 2 BAK Qsf ~~ro,r S ADMINISTRATIVE REPORT cq ti♦ The NFP program targets vulnerable first-time moms (with affiliations to gang members) and their babies with the ultimate goal of transforming their lives. A registered nurse provides expectant mothers care and support they need to have a healthy pregnancy, teaches mothers strategies that will enable them to provide responsible and competent care for their children, and ultimately become more economically self-sufficient. The overarching goal is to break the cycle of poverty and violence by providing opportunities to succeed. The total grant amount of $329,475 will be used as follows: $58,916 to fund BPD over-time to carry out the truancy reduction program, $150,708 to partially fund the KCSOS NFP program nurse, and $119,851 to fund the KCNC Special Projects Facilitator as specified in the grant. The grant also requires a 100% match of $329,475, which will be satisfied on an in-kind /cash match basis as follows: BPD ($289,829) and KCSOS ($39,646). The in-kind costs from the BPD will be calculated from regular salaried officers responding to gang unit press calls, and community gang forum participation; and the in-kind costs from KCSOS will be calculated from regular salary and benefits of the NFP program nurse. The Bakersfield Police Department requests $329,475 State Grant Revenues (CAL-GRIP Grant from the Office of Emergency Services) be appropriated to the General Fund Police Operating Budget, for the expansion of the Safe Community Partnership Strategy to reduce gang violence. db Page 2 of 2 A OFyco 04 S ~ ~ to ADMINISTRATIVE REPORT 10 MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD D DATE: April 4, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $3,320,927 Neighborhood Stabilization Program (NSP3) funds to the operating budget in the Neighborhood Stabilization Program Fund to assist with abandoned, foreclosed and vacant properties. (Wards 1, 2 and 7) RECOMMENDATION: Staff recommends approval, BACKGROUND: On February 16, 2011, the City Council approved the Action Plan Substantial Amendment for the third round of Neighborhood Stabilization Funding (NSP3), appropriated by Congress as part of the Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act). Specifically, the City is receiving $3,320,927 to alleviate issues associated with abandoned, vacant, and foreclosed properties in designated NSP3-eligible areas. Under the approved Action Plan Substantial Amendment, the City has designated $2,888,834 for the purchase and rehabilitation of abandoned, vacant, or foreclosed residential properties to benefit persons earning 120% Area Median Income or less (including $830,232 to benefit persons earning 50% Area Median Income or less), $332,093 to demolish blighted structures in NSP3 target areas, and $100,000 for program administration, The United States Department of Housing and Urban Development (HUD) approved the City's Action Plan Substantial Amendment on March 1, 2011, and a Grant Agreement with HUD for NSP3 funding was executed and returned to HUD on March 7, 2011. The City has two years to spend fifty percent of the funding, and three years to spend all NSP3 funding. Thus, the expenditure deadline for NSP3 funds is March 2014, The Council is requested to authorize the appropriation of $3,320,927 in Neighborhood Stabilization Program funds to the operating budget in the Neighborhood Stabilization Program Fund to assist with purchase, demolition or rehabilitation of abandoned, foreclosed and vacant properties. April 4, 2011, 9:40AM tc S:\Admins\City Councll\City Council Admins 2011 \NSP Appropriation 4.13.11.doc .lJ' `COPVORt ~~S~ J ADMINISTRATIVE REPORT v "artv a d" ~~9GIF0 rVP,,. MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA DATE: April 5, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Budget and Finance Committee Report regarding FY 11/12 Community Development Block Grant (CDBG - $3,634,857), HOME Investment Partnership (HOME - $1,725,784), and Emergency Shelter Grant (ESG - $147,357) Annual Action Plan submittal (Total - $5,514,998). (ALL WARDS) RECOMMENDATION: Staff recommends acceptance of the report, and authorization by the City Manager to execute all necessary HUD documents required to submit the Annual Action Plan. BACKGROUND: The Budget and Finance Committee met on February 1, 2011 to review and consider the Annual HUD Action Plan for FY 2011-2012. The proposed 2011/2012 Annual Action Plan is the second year of the Consolidated Plan 2015 and represents activities to be funded with Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and Emergency Shelter Grant (ESG) entitlements. The total funds available for FY 11/12 are estimated to be $5,514,998 which represents $3,634,857 of CDBG funds (includes program income of $7,000), $1,725,784 of HOME funds (includes program income of $30,000), and $147,357 of ESG funds. A public notice was published on March 2, 2011 concerning the availability of the draft annual Action Plan for a HUD required 30-day citizen review and comment period. As part of the public review and comment process, a public meeting was held on March 22, 2011. The public review period ended on April 1, 2011 and no public comments were received on the proposed use of HUD funds for FY 11/12. Under HUD regulations, the Annual Action Plan outlines the activities to be undertaken by the City to address community development and housing needs identified in the five-year Consolidated Plan adopted by City Council in May 2010. The attached public notice outlines the proposed funding to address these needs by project/program. The deadline for submittal of the Action Plan to HUD is May 13, 2011. HUD will then have 45 days to review the Action Plan for compliance with federal regulations. Funds are expected to be available after July 1, 2011. The Budget and Finance Committee unanimously supported the proposed HUD Action Plan for next fiscal year and recommended staff to proceed with the public notice and forward the FY 2011/12 CDBG, HOME and ESG annual spending plan to the City Council for review and approval. S:Wdmins\City Council\City Council Admins 2011\Action plan FY11-12 admin.doc 4/5/2011 9:39 AM rab A ADMINISTRATIVE REPORT MEETING DATE: April 13, 2011 AGENDA SECTION: Hearings ITEM: Gi , a. TO: Honorable Mayor and City Council APPROVE-D FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD jll~~ DATE: March 30, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: A public hearing to consider the Resolution ordering 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 281h Street and 261h Street (Ward 2) - Hearing opened at March 30, 2011 City Council Meeting and continued to April 13, 2011 City Council Meeting RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: This Hearing was opened at the March 30, 2011 City Council Meeting and continued to the April 13, 2011 City Council meeting. This hearing was originally scheduled for the council meeting of March 30, 2011. However, the applicant failed to provide the City with the description of the public access that is to remain and the offsite alley easement documents required to complete the final exhibits. Because the hearing had been noticed for March 30th, the hearing was opened on March 30th and continued to April 13th. The City of Bakersfield has received a request to vacate 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. This vacation has been requested by San Joaquin Community Hospital in preparation for a redevelopment project on the adjacent property to the vacated area. Preliminary notices were mailed to all adjacent property owners within a minimum 300 - foot radius of the proposed vacated area. Public Works has received four letters in opposition from these owners as of the date of this report. The letters of opposition are attached. The applicant has contacted and met with these property owners and addressed their concerns. The City has received three letters from these property owners withdrawing their opposition. These letters are also attached. Also attached is a site plan showing access from the north alley to Chester Avenue as agreed upon by the owner of 2718 Chester Avenue. The property owner of 1300 27th Street, 2713 and 2715 "L" Street still is not in favor. 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 is City infrastructure in this area. The City will reserve a Public Utility Easement (PUE) over the vacated area. March 30, 2011; 9:31 AM G:\GROUPDAT\ADMINRPT\2011\4-13\27T" STREET VACATION ADMINISTRATIVE REPORT The utility companies serving the area have been notified by mail. There has been no objection as of the date of this report. On November 17, 2010, the Planning Department found the proposed 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 281h Street and 26th Street to be consistent with the Metropolitan Bakersfield 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. 1681 declaring intention to order said proposed vacation was adopted by City Council at the regular meeting of February 16, 2011. Notice of this public hearing has been duly advertised and posted as required by law. /mm March 30, 2011; 9:31 AM G:\GROUPDAT\ADMINRPT\2011\4-13\27T" STREET VACATION 0l", BAIX 'U 't1 °Y ADMINISTRATIVE REPORT MEETING DATE: April 13, 2011 AGENDA SECTION: Consent Hearing Calendar ITEM: C t. h. TO: Honorable Mayor and City Council APPROVED FROM: Greg Williamson, Chief of Police DEPARTMENT HEAP, DATE: April 1, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Public Hearing to consider the proposed expenditure plan for the 2009-11 Supplemental Law Enforcement Services Funding (S.L.E.S.F.). 1. Appropriate $148,315.00 State Grant revenues to the Police Operating Budget within the S.L.E.S.F. Fund. RECOMMENDATION: Staff recommends approval of the proposed expenditures and appropriations. BACKGROUND: Since the passage of Assembly Bill (AB3229) Citizen's Option for Public Safety in FYI 996-97, the City of Bakersfield Police Department has received an annual sum from the State's Supplemental Law Enforcement Services Fund (S.L.E.S.F.). The program was designed to provide State funds to local law enforcement agencies for the purpose of addressing current front line law enforcement needs. For each year the City receives monies from the S.L.E.S.F., the Chief of Police must submit written requests to the City Council specifying the front line law enforcement needs and those personnel, equipment and programs that are necessary to meet those needs; and the City must conduct a public hearing to consider the requests. Per CA Government Code 30062, "moneys allocated from a Supplemental Law Enforcement Services Fund (SLESF) to a recipient entity shall be expended exclusively to provide front line law enforcement services. These moneys shall supplement existing services, and shall not be used to supplant any existing funding for law enforcement services provided by that entity." On June 09, 2010 the City Council appropriated $197,094 in State Grant revenues to the Police Operating Budget within the S.L.E.S.F. fund for the 2009-11 State allocation. The City has since received an additional $148,315, bringing the total of the 2009-11 State allocation to $345,409. The Bakersfield Police Department requests $148,315 Supplemental Law Enforcement Services Funding (S.L.E.S.F.) State Grant revenues to the Police Operating Budget within the S.L.E.S.F. Fund. * The dollar amounts in the proposed budget below are estimates. Per CA Government Code 30061(e), any S.L.E.S.F. moneys received in 2009-11 must be expended or encumbered no later than June 30, 2011. "Any local agency that has not met this requirement shall remit unspent SLESF moneys to the Controller for deposit into the General Fund." If department needs change or the amounts spent differ from those proposed, the Police Department will expend or encumber the differences in accordance with the guidelines governing SLESF moneys (CA Government Code 30061- 30065). \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 10-11\ADMIN RPT - (04-13-11) 2009-11 SLESF HEARING #2 (revised 4-4- 11).docx 4/4/2011 11:27 AM Page 1 of 2 ADMINISTRATIVE REPORT Page 2 The Chief of Police hereby requests approval of the following revised budget* for 2009-11 SLESF monies: Revised S. L.E.S. F. Budget for 2009-11 SUPPORT SERVICES: COMMUNICATIONS CENTER 911 PRINTERS (2) $ 2,600 PROFESSIONALISM/PUBLIC RECORDS ACT TRAINING $ 4,000 POST MANDATED TRAINING $ 9,990 CAL NENA ASSN CONF $ 5,400 OPERATIONS: CDT - STOP STICKS (50 SETS) $ 20,000 CDT - SAFETY EQUIPMENT $ 3,200 BOMB SQUAD EQUIPMENT $ 2,100 DPU - INFORMANT DEVELOPMENT TRANING (18 OFFICERS) $ 5,702 SWAT - EQUIPMENT $ 5,000 SWAT- REPLACEMENT RIFLES AND LIGHTING SYSTEMS $ 11,000 OPS - CAMERAS $ 3,300 OPS - SAFETY EQUIPMENT $ 5,100 OPS - TRAINING/OVERTIME $ 2,400 OPS - TAGGER SOFTWARE $ 18,000 OPS - PROFESSIONALISM TRAINING $ 9,000 OPS - USE OF FORCE INSTRUCTOR TRAINING (20) $ 17,509 OPS - TASERS/HOLSTERS (20) $ 17,300 OPS - SURVEILLANCE EQUIPMENT $ 3,327 OPS - QUICK CLOT KITS $ 14,200 OPS - PHYSICAL FITNESS INSTRUCTOR TRAINING (2) $ 4,000 K9 - POLICE SERVICE DOG AND HANDLER TRAINING $ 14,000 TRAFFIC - RADAR GUNS $ 7,000 INVESTIGATIONS: CELL PHONE TRACKERS $ 1,000 ENTRY TOOLS $ 600 FLOOD LIGHT $ 1,600 SURVEILLANCE EQUIPMENT $ 1,000 PORTABLE GENERATOR $ 1,500 HEADPHONES $ 175 MINI-CAM RECORDERS $ 420 INTERVIEW ROOM ELECTRONICS $ 350 CORK BOARDS $ 175 SURVEILLANCE EQUIPMENT $ 7,707 INVESTIGATIONS DIVISION TRAINING $ 25,600 DNA TESTING/COLD CASE INVESTIGATION $ 33,154 TEMPORARY EMPLOYEES (PROP ROOM & 290S) $ 45,000 PROPERTY ROOM: REFRIGERATOR $ 3,000 STORAGE $ 40,000 TOTAL = $,345,409 DB \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 10-11\ADMIN RPT - (04-13-11) 2009-11 SLESF HEARING #2 (revised 4-4- 11).docx 4/4/201111:27 AM BA. ADMINISTRATIVE REPORT LIFO MEETING DATE: April 13, 2011 AGENDA SECTION: Hearings ITEM: q . C TO: Honorable Mayor and City Council PPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: March 25, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Hearing to consider a resolution adopting industrial and commercial sewer service user surcharges for Fiscal Year 2011-12 (Wards 1-7). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: A surcharge is used to account for waste flow and strength over the established minimum limits. This method allows for a more equitable manner to allocate the fees when there is a wide distribution in the actual flow and strength of the waste of the different individual industrial and commercial users. Sewer user charges and fees are adopted annually pursuant to Section 14.12.380 of the Bakersfield Municipal Code to cover the cost of operation and maintenance for the sewer treatment plants and for the existing sewer collection system. Commercial and industrial users represent manufacturing and most business entities. An annual flat rate sewer fee (reviewed annually) is collected with property taxes by the Kern County Tax Collector pursuant to the Bakersfield Municipal Code. In addition, a monthly surcharge is assessed if flow and sewer strength for commercial/industrial sewer users exceed the baseline amount. The adjustments to the surcharge schedule are calculated based on annual operating costs, capital improvement costs related to sewer/storm water collection systems and wastewater treatment plants, and daily design capacity of the system. City staff is recommending a change in the surcharge rates for Fiscal Year 201 1-12 according to the following schedule. Surcharge Schedule - Commercial and Industrial This schedule shall apply to the commercial and industrial users with flow, biochemical oxygen demand (BOD), and total suspended solids (TSS) greater than the flat rate limits. The unit costs shown below include both treatment costs and debt service costs. The surcharge for the excesses shall be as follows: Flow $1,502.49/million gallons 2.5% increase Biochemical Oxygen Demand (BOD) $104.91 /1000 pound 2.5% increase Total Suspended Solids (TSS) $115.03/1000 pound 2.5% increase C:\DOCUME-1\glorenzi\LOCALS-1\Temp\XPgrpwise\Admin Rpt 11.12 Industrial-Commercial Users.docx ADMINISTRATIVE REPORT Page 2 Three examples below illustrate the impact on industrial and commercial users of the proposed rate increase: TYPE OF INDUSTRY FISCAL YEAR 10-11 CHARGE FISCAL YEAR 11-12 CHARGE TYPICAL CHURCH 65.06 per month 66.69 per month 2.5% increase RESTAURANT 52.58 per month 53.89 per month 2.5% increase TYPICAL OFFICE BUILDING 146.98 per month 150.65 per month 2.5% increase Industrial and commercial surcharges are based upon state standards or actual sampling data. Staff computes flow, BOD, and TSS usage separately and then applies the appropriate rate for their usage. The average increase for industrial and commercial surcharge accounts is 2.5%. The March 18, 2011 General Information Packet included a memorandum from the Public Works Director regarding the FY 2011 /12 sewer user rates for residential customers. In the memo included in the General Information Packet, staff recommends adjusting the annual residential user rate for a single-family dwelling from $200 to $205. This translates to a 2.5% increase or a monthly increase of $0.42. The residential sewer user fee is subject to Proposition 218 noticing requirements. Property owners will receive these notices in early April 2011. The hearing for the proposed residential increase is scheduled for the June 8, 2011 City Council meeting. rp C:\DOCUME-1\glorenzi\LOCALS-1\Temp\XPgrpwise\Admin Rpt 11.12 Industrial-Commercial Users.dom A U ADMINISTRATIVE REPORT MEETING DATE: April 13, 2011 AGENDA SECTION: Closed Session ITEM: (D, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: March 31, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Conference with Legal Counsel - Potenflal Litigaflon Closed session pursuant to subdivision (b) (3) (A) of Government Code section 54956.9 (One matter). VG:Isc &WOUNCIL\CI Sess\Admins\10-11\4-13-11PoWt.docx A ADMINISTRATIVE REPORT MEETING DATE: April 13, 2011 AGENDA SECTION: Closed Session ITEM: to. h. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: April 5, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 549569 (One case), • City of Bakersfield v. Wonamoker, et al. Kern County Superior Court Case No. S-1500-CV-269940 SPC JHR:vl SACOUNCIL\CI Sess\Admins\ 10-11 \4-13-1 l ExistUt.docx ADMINISTRATIVE REPORT MEETING DATE April 13, 2011 AGENDA SECTION: Closed Session ITEM: I O.c. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ✓4, DATE: April 8, 2011 CITY ATTORNEY VCS CITY MANAGER SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6. VG:Isc S:\COUNCIL\CI Sess\Admins\ 10-1 1\4-13-1 lLaborNeg.doc A ° ADMINISTRATIVE REPORT MEETING DATE: April 13, 201 1 AGENDA SECTION: Reports ITEM: 13.a. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: April 7, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Update on High Speed Rail RECOMMENDATION: Staff recommends Council determination. BACKGROUND: At the request of several Councilmembers, staff will be providing an update regarding current information related to the High Speed Rail project (HSR Project). Below is an overview of the information that will be discussed. HSR Protect Status Update Currently the HSR Project has a combined total of $5.5 billion to fund the final design and construction of the Initial Construction Segment (ICS). The ICS has been identified as a section of track that stretches from south of Madera to a location north of Bakersfield. A large portion of the available funding comes from the federal government, and as a result of the American Recovery and Reinvestment Act of 2009 (ARRA). Along with this federal funding comes significant requirements on projects benefiting from these revenues, such as the requirement to obligate funds by September 30, 2012, and the requirement for projects constructed to demonstrate "Independent Utility"/"Operational Independence." Another requirement tied to the federal funding requires that funding be spent on a single Central Valley project, which is identified as the ICS. Currently the High Speed Rail Authority (Authority) is conducting "value engineering" to stretch the amount of track that can be built in the ICS. It is important to note that the ICS does not include any funding for high speed trains, maintenance facilities or electrification. The "value engineering" work that is being conducted has impacted the proposed alignments that were once being considered, and also appears to include a larger amount of at-grade sections, even through urbanized areas. Although City staff has met with the Authority several times recently, details on specific information related to the new alignments remains in flux and unclear. The City's frustration on this issue has been detailed and shared with the Authority and the Council. Currently, the Merced-Fresno and Fresno-Bakersfield sections are at a 15% design level. The Authority has also just applied for additional funding, made available when the State of Florida rejected $2.4 billion in high speed rail funding. The Authority is seeking these funds to extend construction of the ICS to include extending the track all the way to east Bakersfield, including a high speed train station. ST S:\Admin Rpts\2011\ADMIN High Speed Rail update 4_13_1 l.docx ADMINISTRATIVE REPORT According to the Authority, they plan to release a draft environmental impact report sometime in late summer 2011. The Authority has taken the position that detailed information related to the alignment alternatives and project specifics will be provided in the draft environmental document. The City has urged the Authority to increase their level of communication with individual stakeholders, and the community as a whole, prior to the release of the draft environmental document to allow for sufficient time for the public to fully understand and respond to the potential impacts of a project of this magnitude. Information that should be shared as early as possible includes, but is not limited to, the following: • Detailed description of each of the alignments; • Elevations; • Right-of-Way needs and impacts; and • Compatibility with existing and future land uses. Staff has learned that the Authority will be holding a public update meeting on May 19, 2011 at the Marriott hotel. Staff has been told that this meeting will include various displays with updated information on the project, including maps and other technical information. As an extension of this public outreach, the Council may want to explore several options to help facilitate a greater exchange of information between the community and the Authority. These options may include: • Request Authority staff to provide an update report to the Council at a future meeting; • Request Authority staff to meet with each Councilmember to detail alignment options and impacts within their wards; • Request that more detailed maps depicting the areas of impact for each alignment be made available via the Authority website; and • Conduct a new Planning Commission workshop in conjunction with Authority staff to elicit public comment. The above represent just some of the oand the Authority. Staff is also open to any rother exchange of information between the public suggestions the Council may have. Federal Legislation (H.R. 7611 On February 17, 2011, H.R. 761, the "San Joaquin Valley Transportation Enhancement Act of 2011," was introduced by several members of Congress, including Representatives Devin Nunes, Jeff Denham and Kevin McCarthy. This legislation, if passed and signed into law, would allow the State of California the flexibility to utilize funding from the American Recovery and Reinvestment Act of 2009, originally intended for the purpose of developing high-speed rail service, for any project or activity that improves or maintains California State Route 99 between Sacramento and Bakersfield. Currently, this legislation has been referred to the House Transportation and Infrastructure Subcommittee on Highways and Transit. There are projects in Kern County and Bakersfield that could benefit from this funding source; however, given the fact that this ST S:\Admin Rpts\2011\ADMIN High Speed Rail update 4_13_1 l.docx ADMINISTRATIVE REPORT legislation provides the state a broad range of discretion for use of the funds on State Route 99, it is unclear if this funding would benefit Kern County or Bakersfield. Historical Background Staff Participation: For the better part of the past two years, the City has worked with the staff of the Authority and their consultants to provide feedback on a number of issues related to the development of the HSR Project. The City has formed a High Speed Rail working group which includes key staff from multiple City departments, including the City Manager's Office, Public Works, Economic and Community Development and Development Services. Over the course of time, the City has provided the Authority with feedback on issues related to potential impacts of alignment alternatives, station planning and design issues, and local project compatibility concerns, as they have come up. The City has also provided Authority staff with specific information related to major road construction projects underway and planned under the TRIP program, as well as detailed information related to several redevelopment related projects, in an effort to educate the Authority about projects occurring in Bakersfield. Past Council Updates: The Council may recall that on February 17, 2010, a representative from the Authority provided the Council with a verbal update on the status of the HSR Project. At that time the Authority was evaluating two main alignment alternatives through the City of Bakersfield, identified as either the "Blue" or "Red" alignments. Also at that time, it was conveyed that the track for each of these alignments through Bakersfield would be elevated through the urbanized area approximately 50-60 feet above grade. Both of the alignments included challenges with respect to impact mitigation through various parts of Bakersfield. The Authority reported that they were on an aggressive timeline to evaluate these route alternatives due to the scheduled release of a draft environmental document, which was scheduled for late 2010. The Authority representative went on to inform the Council that if they had a local preference for one alternative over another, they could voice that preference by way of a Resolution. Following this update, the Council directed staff to proceed with the appropriate process to receive public input and to educate the community on the proposed HSR Project. It was the intent of the Council for this process to conclude with the Council's adoption of a Resolution in support of either the "Red" or "Blue" alignment. As per the Council's direction, the Planning Commission held a public workshop on April 15, 2010. The public workshop resulted in a recommendation to the Council; however, due to significant public input between the Planning Commission workshop and the Council's consideration of the recommendation, and evolving information from the Authority, Council delayed selecting a preferred alignment. Instead, the Council requested the Authority to conduct further analysis of the proposed alignments through Bakersfield and develop an alternative that did not negatively impact Bakersfield High School and the community. It is staff's understanding that the Authority is continuing to work on these issues and that the alignments are continually evolving in order to address impacts that have been identified to date. ST SAAdmin Rpts\2011\ADMIN High Speed Rail update 4_13_1 l.docx F y A.K R ADMINISTRATIVE REPORT 10 MEETING DATE: April 13, 2011 AGENDA SECTION: Deferred Business ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: April 13, 201 1 CITY ATTORNEY I/ei CITY MANAGER 85, SUBJECT: City Council Goals Update - Phase 3: Review of City Councilmembers' Proposed Revisions RECOMMENDATION: Staff recommends Council determination regarding the proposed updates and adoption of the City Council goals. BACKGROUND: At the March 30, 2011 City Council meeting, staff presented a summary of the updates made up to that point, most of which are minor and/or technical in nature. At that meeting, the City Councilmembers also proposed some additional updates to be included in the goals. The most recently updated draft version of the City Council Goals is attached and includes the changes proposed by the Councilmembers. Those changes are noted (in shading), with the name of the councilmember who proposed the change and a brief explanation for the change shown in the right margin of the goals document. Staff will provide a review of the updates suggested by the City Councilmembers. The City Council Goals provide policy guidance to staff for budgetary and program implementation. This information and the presentation at the City Council meeting are intended to be the third step in the review and update of the goals. The Council may choose to further update the goals or make additional modifications, as desired, prior to adoption. rks April 7, 2011, 8:40AM P:\AdminReports&Related\Adm-201 1Wdmin-CityCouncilGoalsUpdate-Ph3-04131 tdoc $A BAKERSFIELD CITY COUNCIL MINUTES ' YIL++* MEETING OF MARCH 30, 2011 C~LIFO 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 Couch, Councilmembers Salas, Benham, Weir, Hanson, Sullivan, Johnson Absent: None City Clerk Gafford announced that, at the request of the City Attorney, Closed Session Item 10.a. has been pulled from tonight's Agenda. 2. INVOCATION by Reverend Antonio Alfred, St. John's Missionary Baptist Church. 3. PLEDGE OF ALLEGIANCE by Alyssa Burton, 6th grade student at Patriot Elementary School. Mayor Hall acknowledged the communications class from California State University, Bakersfield, and the political science class from Bakersfield College in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Bob Lerude, Chairperson, Keep Bakersfield Beautiful Committee, declaring April 9, 2011, Great American Cleanup Day. Mr. Lerude was not in attendance; therefore, John Enriquez, Keep California Beautiful and Keep Bakersfield Beautiful board member, accepted the Proclamation, made comments and introduced Ray Scott, Keep Bakersfield Beautiful board member and coordinator of the Bakersfield Green Expo, who also made comments. Bakersfield, California, March 30, 2011 - Page 2 4. PRESENTATIONS continued ACTION TAKEN b. Presentation by Mayor Hall of a Proclamation to Judy Normoyle, declaring April 2011, National Donate Life Month. Ms. Normoyle accepted the Proclamation, made comments, and submitted written material. 5. PUBLIC STATEMENTS a. Jimmy laccino spoke regarding quality of life and a neighbor's barking dog; and submitted written material. Councilmember Sullivan asked staff to call and advise her regarding what the City can do and how for it can go to resolve this issue. Vice-Mayor Couch suggested having Animal Control staff available during the early hours when the dog is barking. City Attorney Gennaro advised that this matter has been referred to the Legislative and Litigation Committee and will be dealing with it the next time they meet, and also suggested that Mr. laccino contact a private attorney. Councilmember Benham advised that, at the last meeting when this matter came up and the referral was made to Legislative and Litigation Committee, she made an inquiry about getting someone out there to work on this matter in the meantime, and if staff has some idea for addressing and investigating this particular situation, it would be helpful for Council to know in advance of the next Legislative and Litigation Committee meeting. City Manager Tandy responded that it is not so much a constraint on the City's ability to send personnel out on overtime as it is the effectiveness of doing that, because the dog is not always barking at the time staff arrives at the residence, and the City can't really afford to station people, but will give it a try in the interim period. Bakersfield, California, March 30, 2011 - Page 3 5. PUBLIC STATEMENTS continued ACTION TAKEN b. Roger Sanchez, from Bakersfield College, spoke regarding the Hands Across California event taking place at Noon on April 17th, in support of California community colleges, invited the Mayor and Council to come out and support the event, and submitted written material. C. Louis Gill, Executive Director of the Bakersfield Homeless Center, provided an update on homeless prevention and rapid re-housing, and submitted written material. 6. WORKSHOPS None. 7. APPOINTMENTS a. One appointment to the Historic Preservation Commission due to the expiration of term of Nancy Talbot, whose term expires March 30, 2011. City Clerk Gafford announced six applications were received, including one from the incumbent. Councilmember Weir announced he would abstain due to conflict of interest, source of income to himself, on Item 7. Mayor Hall announced ballots will be used, the outcome of the vote will be made public by the City Clerk, and, following the meeting, the individual ballots will be available for public view in the City Clerk's Office. City Clerk Gafford announced there was a tie vote for Ms. Talbot and Mrs. Icardo, and passed out new ballots for another vote. City Clerk Gafford announced the individual receiving the highest number of points for the 3-year position is Mrs. Icardo. Motion by Vice-Mayor Couch to appoint Cynthia APPROVED ABS WEIR Icardo to a 3-year term on the Historic Preservation Commission. Bakersfield, California, March 30, 2011 - Page 4 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the March 9, 2011 Regular City Council Meeting. Payments: b. Approval of department payments from ASS WEIR, JOHNSON February 25, 2011 to March 17, 2011 in the amount of $21,870,986.89 and self-insurance payments from February 25, 2011 to March 17, 2011 in the amount of $325,620.46. Ordinances: C. Adoption of Ordinance amending Municipal ORD 4645 Code Sections 1. 12.040 and 1. 12.070 by adding Annexation No. 601 consisting of 19.72 acres located at the southeast corner of Hageman Road and Allen Road to Ward 4 and Annexation No. 606 consisting of 5.7 acres located along the south side of McKee Road, between Ellashosh Street and State Route 99 to Ward 7. (FR 03109111) Resolutions: d. Sewer connection and construction fees assessments for 125 Dunlap Street: 1. Resolution confirming assessments for RES 030-11 sewer connection and construction fees and authorizing collection of assessments by the Kern County Tax Collector. 2. Agreement with Cathy A. White (aka AGR 11-028 Cathy A. Jestice) to pay sewer connection and construction fees in installments and notice of special assessment lien. e. Resolution confirming approval by the City RES 031-11 Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Bakersfield, California, March 30, 2011 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN f. CHP Arrive Alive Sober Driving Coalition ll: 1. Resolution authorizing the Police RES 073-10(1) Department to amend the partnership entered into with the CHP, by Memorandum of Understanding, to participate in the grant funded CHP Arrive Alive Sober Driving Coalition II, Bakersfield Eastside DUI Corridor Safety Project, Grant No. AL10109. 2. Appropriate $23,000 Federal Grant Revenues (Arrive Alive Sober Driving Coalition ll, Bakersfield Eastside Coalition II, Bakersfield Eastside DUI Corridor Safety Project, Office of Traffic Safety Grant No. AL10109) to the General Fund Police Operating Budget to fund overtime for traffic enforcement strategies along State Routes 178 and 58 within the greater Bakersfield area. Agreements: g. Agreement with Connors Concessions (3 year AGR 11-029 term) to provide concession services at Mesa Marin Sports Complex. h. Agreement with State of California Department AGR 11-030 of Transportation to relinquish State Route 178 (24th Street) in advance of construction of the 24th Street Improvement Project, from the western side of the Kern River Bridge, located west of Oak Street and continuing east to M Street. (TRIP) I. Agreement with Brown Armstrong Paulden AGR 11-031 McCown Starbuck Thornburgh & Keeter ($60,989) for full scope annual audit of the 2010-11 fiscal year. AGR I1-003(1) j. Amendment No. 1 to Agreement No. 11-003 with Griswold, LaSalle, Cobb, Dowd & Gin, LLP (not to exceed $180,000) for outside legal services for 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. Bakersfield, California, March 30, 2011 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN k. Contract Change Order Nos. 1 and 2 to AGR ED 11-002 Agreement No. ED] 1-002 with Housley CCO1, 0002 Demolition Excavation ($17,099; revised not to exceed $38,779) for the Downtown Demolition Project - 700 California Avenue and 1231 R Street. Bids: 1. Accept bid from Johnson Equipment Co. ($71,439.15) for 30 light bars and siren controllers for the Police Department. M. Accept bid and approve annual contract with AGR 11-032 San Joaquin Fence & Supply (not to exceed $324,002.90) for installed fencing. n. Accept bid and approve contract with Griffith AGR 11-033 Co. ($323,799) for traffic signal and lighting system installation on Panama Lane at Old River Road. o. Pavement Rehabilitation 2010 Phase 2 - Stine Road from Panama Lane to Pacheco Road: 1. Accept bid and approve contract with AGR 11-034 Bowman Asphalt, Inc. ($2,437,132.30). 2. Appropriate $400,000 additional gas tax revenues to the Public Works Department Capital Improvement Budget within the Gas Tax Fund. P. Accept bid and approve contract with GSE AGR 11-035 Construction Co. Inc. ($4,688,000) for construction of the Wastewater Treatment Plant No. 2 Septage and Grease Receiving Station and Odor Control Project. q. Accept base bid and additive alternates Nos. 1 AGR 11-036 and 2, and approve contract with Loop Electric, Inc. ($684,334) for Installation of Traffic Signal Interconnect - Part 8 Project. Miscellaneous: r. Appropriate $75,443.83 County Grant Revenues (HIDTA) to the Police Department Operating Budget within the General Fund toward the cost of surveillance equipment. Bakersfield, California, March 30, 2011 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN S. Street Maintenance Program: 1. Appropriate $1,474,074 Gas Tax Fund balance (State Traffic Congestion Relief Funds) to the Public Works Department Capital Improvement Budget for road rehabilitation. 2. Transfer $1,300,000 of the Public Works Department Operating Budget to the Public Works Department Capital Improvement Budget for road rehabilitation within the Gas Tax Fund. t. Miscellaneous Civil Service Rules & Regulations. U. Revised job specification - Assistant Superintendent. Councilmember Weir announced he would abstain due to conflict of interest, source of income to himself, on items 8.b. Councilmember Johnson announced he would abstain due to conflict of interest, source of income to himself, on item 8.b. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.u. 9. CLOSED SESSION a. Conference with Legal Counsel - Existing REMOVED Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 549569 regarding City v. Wanamaker, et al - KCSC Case No. S-1500-CV-269940 SPC. b. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1)/54957.6. Motion by Vice-Mayor Couch to adjourn to Closed APPROVED Session at 5:51 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 7:02 p.m. RECONVENED MEETING AT 7:08 p.m. Councilmember Benham left the meeting after Closed Session. Bakersfield, California, March 30, 2011 - Page 8 10. CLOSED SESSION ACTION ACTION TAKEN b. Public Employee Performance Evaluation - City COMPLETED Manager; Closed Session pursuant to FAVORABLE Government Code Section 54957(b)(1)/54957.6. EVALUATION Mayor Hall announced the City Manager's evaluation was concluded in a very favorable way for him without any additional compensation or benefits, and City Council favorably expressed their comments about the outstanding work that the City Manager has done and offered some suggestions of how things might be done differently. 11. CONSENT CALENDAR PUBLIC HEARINGS None. 12. HEARINGS a. Public Hearing to consider Resolution ordering 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 261h Street. Assistant Public Works Director Underwood made staff comments and recommended the hearing be opened and continued to the April 13, 2011 meeting. Hearing opened at 7:11 p.m. No one spoke. Motion by Vice-Mayor Couch to continue the hearing APPROVED to the April 13, 2011 meeting. AB BENHAM 13. REPORTS a. Report on the FY 2010/11 Budget, to include, by department, current revenues/expenditures and anticipated budget savings and costs associated with required court appearances by Police staff. Finance Director Smith made staff comments and gave a PowerPoint presentation. Chief of Police Williamson made staff comments. Bakersfield, California, March 30, 2011 - Page 9 14. DEFERRED BUSINESS ACTION TAKEN a. City Council Goals Update - Phase 2: Review of Proposed Revisions. Assistant to the City Manager Smiley gave an overview, including new updates, and recommended bringing back to a future meeting for adoption. Councilmember Johnson suggested, regarding item 1., on page 1, as it relates to level of officers, puffing in an assessment of how the City is progressing and showing that it is actually either working toward the goal or not. Councilmember Johnson asked staff, regarding item 8., on page 1, to report back regarding whether there are any opportunities for synergies with the County's emergency operation center. Councilmember Johnson suggested, with regard to the goal on page 8, "Strengthen and Diversify Our Economic Base", adding an item incorporating the concept of becoming a funding partner in the Kern Economic Development Corporation. Councilmember Solos stated, regarding Goal 1.1.3. on page 1, that he would like to see something adding the use of technology. Councilmember Solos advised, regarding Goal 2.1., "Enhance the City's Transportation Network", he would like to see something added to give some of the City's oldest streets priority treatment when improving the network. Councilmember Solos stated, regarding Goal 2.2., that he would like to add Highway 58 connectivity. Councilmember Solos stated, with regard to Goal 3.2., "Continue Development"; that he would like to add improving the California Avenue corridor and encourage new redevelopment opportunities along that corridor. Bakersfield, California, March 30, 2011 - Page 10 14. DEFERRED BUSINESS continued ACTION TAKEN Councilmember Solos advised, regarding Goal 4.1., "Plan for Growth and Development", that he would like to add something about encouraging and promoting the economic viability of the Bakersfield Airport, and to develop an actual municipal airport master plan. Councilmember Solos stated, regarding Goal 4.3., that he would like to see something added to encourage and promote infill projects for redevelopment in the older areas. Councilmember Solos advised, regarding Goal 6.1., "Promote Community Pride and Image"; that he would like staff to look into including where we can promote and encourage community gardens. Vice-Mayor Couch suggested, under "Guiding Principles", adopting a policy that would embody the "what are we going to cut in order to do something new" philosophy. Vice-Mayor Couch stated, regarding water, that he would like to see the environmental impact report finished and be successful with putting more water in the river. Motion by Vice-Mayor Couch to continue this item for APPROVED adoption at the City Council Meeting of April 13, 2011. AB BENHAM 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson asked staff to bring to the Safe Neighborhoods Committee an analysis of the City's graffiti operations and determine exactly what we're getting for our weekend duties. Councilmember Johnson referred for discussion at the Budget and Finance Committee the matter of adopting a budget policy related to a set-aside fund for retirement so that the City would avoid a pension holiday. Bakersfield, California, March 30, 2011 - Page 11 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Johnson asked staff to look at the Nunez-McCarthy Bill, HR761, which relates to other options for high speed rail dollars in California, SO Council can get a good understanding of what that legislation would do with those dollars, and perhaps bring it back to the Legislative and Litigation Committee or a Council workshop. Councilmember Johnson referred to the Budget and Finance Committee for discussion and review of the City policy as it relates to contract ceilings and incurring debt beyond that ceiling. Councilmember Hanson advised that the residents in the Stockdale Estates area, especially along Vista Verde, Jamaica and Mesa Verde, need street lights to help deter the increase in crime. Councilmember Salas thanked all of his online chat supporters who joined him today at 4:00 o'clock. Councilmember Solos requested that a demonstration of the i-Phone graffiti application be made to the Safe Neighborhoods Committee, and he thanked Councilmember Johnson for his referral regarding the graffiti abatement program and the weekend analysis. Councilmember Solos asked for clarification regarding HR761 as to whether some of the funding can be diverted for Highway 99 because he has been told that it cannot be allowed due to the funding sources. Vice-Mayor Couch asked staff, N it has not already been done, to draft a letter to our local legislators requesting help or relief regarding the Caltrons required 200-foot bike bath on Rosedale. Vice-Mayor Couch asked if the City has heard back from BCARE regarding our offer to meet and work with staff on options for their insurance, and City Manager Tandy responded that there has been no response yet. Vice-Mayor Couch asked staff to consider if there is anything that the Council needs to do or act on in an effort to get more information from the High Speed Rail Authority. Bakersfield, California, March 30, 2011 - Page 12 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Vice-Mayor Couch referred the following to the Personnel Committee at its next meeting: provide copies of all of the contracts with all three of our bargaining groups, provide an update on our pension and health care costs and projections, provide a copy of the memo regarding the response from PERS with the calculations on the effects of Measure D, explore the potential cost savings to the City through the use of variable annuities and define contribution plans using conjunction with a PERS pension benefit for new employees; provide all possible PERS benefit levels for all groups, explore the use of temporary or probationary period for new hires; and explore privatization and provide information, opinion and commentary on what functions might and might not make sense to privatize, and provide examples of where the City has privatized and what type of experience we have had with each. Vice-Mayor Couch referred to the Budget and Finance Committee the feasibility of putting together a long- term plan for setting aside a small amount of money each year to generate interest from that revenue. Mayor Hall expressed his appreciation to Ms. Nancy Talbot for her three years of service on the Historic Preservation Commission and welcomed Mrs. Icardo to the Commission. Mayor Hall commended the Police Department for its efforts in developing a Park Watch Program to deter destruction that occurs in City parks, and encouraged the public to call 326-3053 to obtain further information about the Program. Mayor Hall commended the Police Department for their enforcement of uncovered loads in the community because litter is still a big problem along our freeways. Bakersfield, California, March 30, 2011 - Page 13 17. ADJOURNMENT Mayor Hall adjourned the meeting at 7:56 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield