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HomeMy WebLinkAbout05/18/11_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF MAY 181 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 Pastor John May, Rio Valley Baptist Church. 3. PLEDGE OF ALLEGIANCE by Gabriella and Grace Spoelstra, 2nd and 4m grade students at Heritage Academy. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Certificate of Appreciation to Robert Price, acknowledging his slogan "Litter: It's Beneath Us" being chosen to represent the anti- litter campaign, b. Presentation by Mayor Hall of Proclamation to Colleen Bauer, Rabobank VP/Deposit Relationship Manager, declaring May 22, 2011, Lemonade Day. C. Presentation by Mayor Hall of Proclamation declaring June 3, 2011, Mike Lingo Day. 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Update regarding Pacific Gas & Electric's SmartMeter Program. b. Department Budget Presentations: 1. Fire Department 2. Development Services 7. APPOINTMENTS (Ward 1) a. One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of Jeremy Wright, whose term was to expire November, 2014. Staff recommends Council determination. (Ward 7) b. One appointment to the Planning Commission due to the expiration of term of Andy Stanley, whose term expired April 30, 2011. Staff recommends Council determination. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 4, 2011 Regular City Council Meeting. 8. CONSENT CALENDAR continued Payments: b. Receive and file department payments from April 22, 2011 to May 5, 2011 in the amount of $9,474,129.35 and self-insurance payments from April 22, 2011 to May 5, 2011 in the amount of $259,760.99, totaling $9,733,890.34. Ordinances: Resolutions: C. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. d. Resolution establishing Council Policy establishing a temporary extension of vesting rights for subdivision maps and placing Resolution No. 118-05 in abeyance. e. Resolution of Intention No. 1688 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and its 2011-2012 budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. Resolution of Intention No. 1689 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and its 2011-2012 budget, setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. g. Resolution of Intention No. 1690 preliminarily adopting, confirming and approving the Public Works Director's Report for Traffic Signal Maintenance Districts and their 2011- 2012 budget; setting time and place for hearing protests on the amount of traffic signal assessments to be levied throught the Traffic Signal Maintenance Districts. (Ward 1) h. Resolution of Intention No. 1691 to add territory, Area 4-101 (117 N Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. Agreements: I. Amendment No. 1 to Agreement No. 10-177 with Stay Green, Inc. ($35,000; revised not to exceed $135,000) for tree trimming. j. Amendment No. 4 to Agreement No. 06-053 with Parsons Transportation Group, Corp. (6 month time extension) for program management services for the Thomas Roads Improvement Program (TRIP). (Ward 3) k. Contract Change Order No. 1 to Agreement No. 11-020 with Parsam Construction ($85,000; revised not to exceed $215,000) for completion of Proto II wall construction within the City in the Hills development. 2 City Council Meeting of 05/18/2011 8. CONSENT CALENDAR continued (Ward 3) I. Contract Change Order Nos. 1 through 4 to Agreement No. 10-149 with Elite Landscaping, Inc. ($45,885.41; revised not to exceed $1,710,828.41) for the Kern River Upland and River Restoration Project. (Ward 1) M. Contract Change Order No. 1 to Agreement No. 10-028 with Wyoming Northstar Inc. ($23,033.56; revised not to exceed $2,216,661.96) for the LNG/LCBG Fueling Facility S. Mt. Vernon Ave. & E. Planz Rd. Project. Bids: (Ward 2) n. Commercial Pool Heater Replacements (2) at McMurtrey Aquatic Center Project: Accept bid and approve contract with Leslie's Poolmart, Inc. ($54,838.82) for project. 2. Transfer $54,839 General Fund Operating Budget savings to the Capital Improvement Budget within the Recreation and Parks Department for the purchase and installation of project. o. Accept bid and approve annual contract with Kern Turf Supply, Inc. (not to exceed $175,026.96) for irrigation parts & supplies. (Ward 1,6) p. Accept bid and approve annual contract with Precision Fertilizer Spreading (not to exceed $150,750) for hauling and spreading biosolids. q. Accept bid and approve annual contract with Gilliam and Sons, Inc. (not to exceed $1,440,003) for earthmoving and hauling. Miscellaneous: Appropriate $25,000 seized asset revenues to the Police Department Operating Budget within the General Fund, toward the cost of radio equipment for the Police Department Communications Center. Staff recommends adoption of Consent Calendar items 8.a. through 8.r. 9. CONSENT CALENDAR PUBLIC HEARINGS 10. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following: Philip Elms v. City, et al - KCSC Case No. S-1500-CV-270250-DRL. 2. Erica Morataya, et al v. City - KCSC Case No. S-1500-CV-267729 WDP. RECESS TO CLOSED SESSION 11. CLOSED SESSION ACTION City Council Meeting of 05/18/2011 12. HEARINGS (Word 4) a. General Plan Amendment No. 11-0052; McIntosh & Associates, representing Bidart Bros., has requested a general plan amendment to change the Circulation Element Map generally located between Echart Road (future) and Fruitvale Avenue, west of Golden State Highway. 1. Resolution approving the Negative Declaration and adopting the general plan amendment of the Circulation Element to delete the eastern portion of Etchart Road (future) and the northern portion of Fruitvale Avenue at Golden State Highway and adding a new collector that connects these two roadways west of the Union Pacific Railroad. Staff recommends adoption of resolution and approve the proposed general plan amendment to the Circulation Element. 13. REPORTS a. Department Budget Presentations: 1. Police Department 2. Public Works 14. DEFERRED BUSINESS a. City Council Goals Update - Phase 3 (continued) - Review of Councilmembers' Proposed Revisions. Staff recommends Council determination regarding the proposed updates and adoption of the goals. 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, lx&t16--1 r~ Alan Tandy City Manager 5/13/11 9:45am 4 City Council Meeting of 05/18/2011 AGENDA HIGHLIGHTS May 18, 2011 COUNCIL MEETING REGULAR MEETING - 5:15 o.m. WORKSHOPS There are two workshop items: • PG&E representatives will provide an update on the SmartMeter Program. • Department Budget Presentations: The department budget presentations will begin at the May 18, 2011 Council meeting. The Fire Department and Development Services Department will provide a detailed overview of their FY 2011/12 proposed budgets. The Police Department and Public Works Departments will follow later on the agenda, under Reports. APPOINTMENTS There will be one appointment to the Keep Bakersfield Beautiful Committee and one appointment to the Planning Commission. CONSENT CALENDAR Resolutions Item 8d. Temporary Extension of Vesting Rights for Subdivision Maps. In 2005, the City Council adopted Resolution 118-05 which clarified that the City would not grant discretionary extensions of vesting rights for subdivision maps beyond what State law grants. On May 6, 2011, the Planning and Development Committee, in an effort to spur local economic development and recovery, approved an action to recommend to the full Council that Resolution 118-05 be placed in temporary abeyance to allow requests for the extension of subdivision map vesting rights which expire between the effective date of the resolution, May 18, 2011, and April 30, 12. Agreements Item 8j. Time Extension to Agreement with Parsons Transportation Group for TRIP Program Management Services. Parsons Transportation Group was awarded an initial 5 year, 4 month contract to manage the TRIP Program on February 22, 2006. Staff was recently informed that in order to continue to receive federal funding to pay for consultant program management services, we are required to go through a qualifications selection process again. Because the RFQ process can not be completed by the expiration date of Parson's current contract (June 30, 2011), staff is requesting a time extension of the current Parson's contract to December 31, 2011. Parsons has been under budget, to date, so adequate funding remains to cover their work during this requested time extension. Item 8k. Contract Change Order with Parsam Construction for completion of Proto II Walls at City in the Hills. On March 9, 2011, the City Council approved a contract with Parsam Construction to repair defects and complete various sections of a block wall within the City in the Hills development, because the original installing contractor and developer are no longer in business. It is a "Proto II" type of wall, which is post tensioned to provide structural strength, as opposed to a traditional rebar and grout filled wall. When the contract was awarded to Parsam, the actual cost was unknown, because they had to actually undertake the project to be able to fully identify the extent of work necessary to complete it. At this point, it has been determined that the work needed to complete the project is more extensive and labor intensive than originally anticipated and will exceed the contract amount of $130,000, which was an estimated amount. $119,586 has been expended so far; however, it is estimated that an additional $85,000 will be needed, bringing the cost to $215,000. This action is to request the Council's approval of the additional funding, the source of. which is assessment district proceeds, not the General Fund. Bids Item 8q. Accept bid and approve contract for earthmoving and hauling. This bid solicitation was sent to over 1,100 contractors; five complete bids were received in response. Staff recommends award to the low bidder, Gilliam and Sons, Incorporated, in the amount of $1,440,003. The contract award is for a one year period, and can be renewed for four consecutive one year periods, at the City's option. The funding source is from a variety 'of sources, including Water, Sewer, Gas Tax and Transportation Development fees. CLOSED SESSION There will be a conference with legal counsel regarding two matters of existing litigation. HEARINGS Item 12a. General Plan Amendment. This GPA has been requested by McIntosh Associates, representing Bidart Bros. for a project site in northwest Bakersfield on the west side of Golden State Highway (Ward 4), to change the circulation element by deleting the eastern portion of Etchart Road (future) and the northern portion of Fruitvale Avenue at Golden State Highway and adding a new collector that connects the two roadways west of the Union Pacific Railroad. The new collector road connection will improve internal circulation west of the railroad to Bette accommodate planned development. The Planning. Commission heard this item on April 7, 2011 has recommended approval to the City Council; no opposition was received. REPORTS As previously referenced, the Police and Public Works Departments will provide a detailed overview of their FY 2011 /12 proposed budgets. DEFERRED BUSINESS Item 14a. This item will include a review of the additional changes to the City Council Goals that have been proposed by the City Councilmembers. Approved: Alan Tandy, City Manager l cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - May 18, 2011 Council Meeting Page 2 MEETING DATE: May 18, 2011 AGENDA SECTION: Presentations ITEM: q . a.. TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: May 6, 2011 CITY ATTORNEY CITY MANAGER S SUBJECT: Presentation by Mayor Hall of a Certificate of Appreciation to Robert Price acknowledging his slogan, "Litter: It's Beneath Us" being chosen to represent the anti-litter campaign. RECOMMENDATION: BACKGROUND: krt MEETING DATE: May 18, 2011 AGENDA SECTION: Presentations ITEM: y, b TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall May 6, 2011 Presentation by Mayor Hall of a Proclamation to Colleen Bauer, Rabobank VP/Deposit Relationship Manager, proclaiming May 22nd "Lemonade Day in Bakersfield". APPROVED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER S RECOMMENDATION: BACKGROUND: krt MEETING DATE: May 18, 2011 AGENDA SECTION: Presentations ITEM: y , c, TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEA DATE: May 6, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Proclamation Declaring June 3`d "Mike Lingo Day" in Bakersfield. RECOMMENDATION: BACKGROUND: krt MEETING DATE: May 18, 2011 AGENDA SECTION: Workshops ITEM: (p, a. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: May 10, 2011 CITY ATTORNEY CITY MANAGER n SUBJECT: Update regarding Pacific Gas & Electric's (PG&E) SmartMeter Program RECOMMENDATION: BACKGROUND: In response to Councilmember Solos' recent request, representatives from PG&E will be on hand to provide the Council with an update regarding PG&E's SmartMeter Program. MEETING DATE: May 18, 2011 AGENDA SECTION: Workshops ITEM: (p TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager April 26, 2011 Fiscal Year 2011-2012 Proposed Budget 1. Department Budget Presentations a. Fire b. Development Services APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: BACKGROUND: The Fire and Development Services Departments will provide a detailed overview of their 2011- 12 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. Clw: al s:\11-12budpro\admin reports\budget presentation 05.18.11 - fire, ds.docx MEETING DATE: May 18, 2011 AGENDA SECTION: Appointments ITEM: q ,q , TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Roberta Gafford, City Clerk May 5, 2011 One appointment to the Keep Bakersfield Beautiful Committee, due to the resignation of Jeremy Wright (Ward 1), whose term was to expire November, 2014. APPROVED DEPARTMENT HEAD T J1 a-, CITY ATTORNEY_ OV per. _ CITY MANAGER ~J RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one vacancy for a Regular Member on the Keep Bakersfield Beautiful Committee (KBBC) due to the resignation of Jeremy Wright (Ward 1), whose term was to expire November, 2014. Applications for appointment have been received from the following Alternate Members on the Committee, who expressed a desire to become a Regular Member: • Sean Paul Battle • Antonio Martinez The Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The Committee is comprised of eight (8) Mayor/Council-appointed members, who take on the responsibility of decision making for the beautification program. On July 30, 2009, the City Council adopted Ordinance 4520 which allows each Councilmember and the Mayor to appoint one Alternate member to the KBBC. Each Alternate is allowed to vote in the place of their corresponding appointed Regular Committee members when absent. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the Mission Statement of the KBBC, as reflected in its Bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC Mission Statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council, and shall provide the Council, upon request, written reports on the activities of the KBBC. The news release for this recruitment was posted on March 29, 2011. May 5, 2011, 8:43AM V:1Bds&Comm\KBBC\2011 Wdmin - Ward 1 appt - May 2011.docx Page 1 RG: al MEETING DATE: May 18, 2011 TO: FROM: DATE: SUBJECT: AGENDA SECTION: Appointments ITEM: rl, b. Honorable Mayor and City Council Roberta Gafford, City Clerk May 5, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER One appointment to the Planning Commission due to the expiration of term of Andy Stanley (Ward 7), whose term expired April 30, 2011. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Planning Commission due to the expiration of term of Andy Stanley (Ward 7), whose term expired April 30, 2011. Applications for appointment have been received from the following: • Sean Battle • Ray Chopra • Ben Horn • Patrick Wade On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination. In accordance with this ordinance, the appointment shall be made by the Councilmember of Ward 7. The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular members, nominated by the Councilmember of the ward which corresponds with the commission vacancy. Additionally, Planning Commission members must be residents of the City throughout their four-year terms, but not of a specific ward of the nominating Councilmember. RG:al May 5, 2011, 8:14AM V:\Bds&Comm\PLANNING\2011\ADMIN May 2011.docx A yw 4r ADMINISTRATIVE REPORT i MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: 8, A, , TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD DATE: May 6, 2011 CITY ATTORNEY CITY MANAGER S SUBJECT: Approval of Minutes of the May 4, 2011 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: nw MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: S. b. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 5, 2011 APPROVED DEPARTMENT HEAD_ V-'5 CITY ATTORNEY CITY MANAGER SUBJECT: Receive and file department payments from April 22, 2011 to May 5, 2011 in the amount of $9,474,129.35 and Self Insurance payments from April 22, 2011 to May 5, 2011 in the amount of $259,760.99, totaling $9,733,890.34. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: May 5, 2011, 4:29PM SAKim GADMIMCOUNCIL-ADMIN-AP-201 1WDMIN-AP 051811.doc MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: , C TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: April 29, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY~~ CITY MANAGER )e 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 authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on May 9, 2011, by the City Manager designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1 /Councilmember Salas 1. 705 S. Brown Street 2. 813 Casino Street 3. 908 Casino Street 4. 133 S. King Street 5. 1218 Meredith Drive 6. 103 Obregon Avenue 7. 2109 Roland Street 019-121-09 $ 300.00 170-231-14 $ 694.00 170-222-02 $ 715.00 018-160-19 $ 300.00 022-091-19 $ 1,385.00 516-132-01 $ 750.00 170-162-14 $ 700.00 April 29, 2011, 10:56AM/kd SADana\ADMINS\2011\MAY\5-18-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 /Councilmember Salas 8. 1508 Sylvia Drive 022-102-25 $ 750.00 9. 608 T Street 009-480-39 $ 1,325.00 10. 1307 E. 9th Street 018-062-04 $ 300.00 Ward 2/Councilmember Benham 11. 1512 Alta Vista Drive 012-232-04 $ 300.00 12. 301 F Street 008-302-11 $ 300.00 13. 1200 Oregon Street 015-100-16 $ 105.00 14. 2515 P Street 005-162-12 $ 105.00 15. NEC 33rd & K Streets 002-280-30 $ 300.00 16. 1321 34th Street 002-280-02 $ 105.00 Ward 3/Councilmember Weir 17. 2708 Bucknell Street 021-030-08 $ 300.00 18. 10004 Oporto Way 531-072-09 $ 694.00 19. 3000 University Avenue 382-080-15 $ 929.00 20. 7001 Yuma Way 507-115-01 $ 300.00 Ward 4/Councilmember Couch 21. 10406 Arapaho Avenue 526-361-04 $ 300.00 22. 10702 Beaver Creek Drive 500-053-17 $ 1,199.00 23. 6019 Bouchaine Drive 525-552-01 $ 300.00 24. 11119 Corbett Canyon Drive 525-553-10 $ 300.00 25. 10806 Gustavo Court 525-561-28 $ 300.00 26. 10905 Gustavo Court 525-561-35 $ 300.00 27. 4801 Grazing Avenue 527-093-17 $ 300.00 28. 3018 Loon Court 451-423-13 $ 105.00 29. 14713 Madison Michelle Way 408-392-07 $ 105.00 30. 12114 Mauna Loa Avenue 527-171-04 $ 105.00 31. 10907 Mayacamas Drive 525-572-21 $ 300.00 32. 11009 Silver Cliff Court 500-262-14 $ 105.00 Ward 5/Councilmember Hanson 33. 4712 Alden Court 392-141-34 $ 1,260.00 34. 3612 Amur Maple Drive 513-221-08 $ 800.00 35. 4009 Frost Way 392-331-26 $ 105.00 36. 4416 Peale Way 392-052-01 $ 735.00 37. 8901 Summer Creek Road 513-103-12 $ 710.00 April 29, 2011, 10:56AWkd SADana\ADM1NS\2011MAW-18-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 6/Coucilmember Sullivan 38. 5121 Brockton Court 384-050-25 $ 300.00 39. 5200 Curson Avenue 355-042-17 $ 300.00 40. 3905 Louisville Drive 385-072-02 $ 300.00 41. 6608 Toyon Court 498-142-22 $ 300.00 42. 6009 Winter Grove Drive 499-172-04 $ 765.00 Ward 7/Counciimember Johnson 43. 4214 Amherst Forest Road 515-350-38 $ 300.00 44. 4300 Balboa Drive 171-182-18 $ 739.00 45. 4330 Balboa Drive 171-182-15 $ 679.00 46. 4341 Balboa Drive 171-183-05 $ 1,500.00 47. 1216 Clipper Hills Drive 516-251-23 $ 780.00 48. 4016 Lasso Court 514-701-11 $ 105.00 49. 4017 Lasso Court 514-701-10 $ 105.00 50. 913 Meredith Drive 022-171-16 $ 105.00 51. 6305 Regina Way 413-143-05 $ 675.00 52. 2100 Sherwood Avenue 023-254-08 $ 105.00 53. 4018 Sierra Madre Avenue 514-701-01 $ 105.00 54. 8100 Sophia Street 517-461-03 $ 694.00 55. 6915 Whisenant Street 516-411-05 $ 760.00 56. 2510 Wilson Road 023-094-17 $ 105.00 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 or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. April 29, 2011, 10:56AM/kd SADana\ADMINS\201 AMAW-18-Property Abatement.doc MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: 8 Ct. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney May 10, 2011 Resolution establishing City Council policy regarding the temporary extension of vesting rights for subdivision maps and placing Resolution No. 118-05 in abeyance. APPROVED DEPARTMENT HEAD V4;:- CITY ATTORNEY V CITY MANAGER RECOMMENDATION: The Planning and Development Committee recommends adoption of the resolution. BACKGROUND: Under state law, the City has discretion in granting requests for the extension of vesting rights beyond what is granted by statute in the Subdivision Map Act for subdivision maps. In 2005, the Planning and Development Committee reviewed the issue of extension of vesting rights for subdivision maps. At that time, the Planning and Development Committee agreed with staff that discretionary extensions of vesting rights should no longer be granted due to the need for consistency and preservation of development impact fees designed to provide for certain public infrastructure. On June 8, 2005, the City Council adopted Resolution No. 118-05, which clarified that the City would not grant discretionary extensions of vesting rights for subdivision maps beyond that granted by state law. On May 6, 2011, the Planning and Development Committee revisited the subject of requests for extension of vesting rights due to current negative economic conditions. In an effort to spur economic development and recovery in the City, the Planning and Development Committee recommends that the City place Resolution No. 118-05 in abeyance to temporarily allow for requests for the extension of subdivision map vesting rights which expire between the effective date of this Resolution, May 18, 2011, and April 30, 2012. If this resolution is adopted, it is the intent of the City Council that on May 1, 2012, Resolution 118-05 returns to full effect if no other action is taken. JAC:Isc SACOUNCIL\Admins\10-11 AdminsWestingRightsExt.doc MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. e. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 3, 2011 APPROVED DEPARTMENT HEAD_ CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1688 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and its 2011-2012 budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. (All Wards). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance District at the time of their formation. The Legal Description (Exhibit "A"), the Map and Assessment Diagram (Exhibit "B"), the Benefit Formula (Exhibit "C"), and the Assessor's Roll (Exhibit "E") for all territories of the CMD are on file in the City Clerk's Office with their respective Council Resolutions passed by the Council previously. This Resolution preliminarily approves the Public Works Director's Report which includes the 2011- 2012 budget for the Consolidated Maintenance District. On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District. As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates will remain at the 2004-2005 level. The proposed 2011-2012 budget for the CMD, Exhibit "B" is attached to this Resolution of Intention. The Resolution sets the protest hearing for the Council meeting on Wednesday, June 8, 2011, at 5:15 P.M. mb GAGR0UPDAT\ADMINRPT\2011 \05-18\Admin ROI Park CMD 11-12.docx MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 4, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER A+J SUBJECT: Resolution of Intention No. 1689 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and its 2011-2012 budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. (All Wards). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance District (CMD) at the time of their formation. The Legal Description (Exhibit "A"), the Map and Assessment Diagram (Exhibit "B"), the Benefit Formula (Exhibit "C") and the Assessor's Roll (Exhibit "E") for all territories of the CMD are on file in the City Clerk's Office with their respective Council Resolutions passed by the Council previously. This Resolution preliminarily approves the Public Works Director's Report which includes the 2011- 2012 budget for the Consolidated Maintenance District. On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District. As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates will remain at the 2004-2005 level. The proposed 2011-2012 budget for the CMD (Exhibit "B") is attached to this Resolution of Intention. This Resolution sets the protest hearing for the Council meeting on Wednesday, June 8, 2010, at 5:15 P.M. mb GAGR0UPDAT\ADMINRPT\2011\05-18\Admin ROI Street CMD 1 1-12.docx A U ADMINISTRATIVE REPORT c: .Y u MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: S , TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 4, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY 4? CITY MANAGERS SUBJECT: Resolution of Intention No. 1690 preliminarily adopting, confirming and approving the Public Works Director's Report for Traffic Signal Maintenance Districts (TSMD) and their 2011-2012 budget; setting time and place for hearing protests on the amount of Traffic Signal assessments to be levied throughout the Traffic Signal Maintenance Districts. (All Wards) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: This year all new territories were created directly as Traffic Signal Maintenance Districts at the time of their formation. The Legal Description (Exhibit "A"), the Map and Assessment Diagram (Exhibit "B"), the Benefit Formula (Exhibit "C"), and the Assessor's Roll (Exhibit "E") for all territories of the TSMD are on file in the City Clerk's Office with their respective Council Resolutions passed by the Council previously. This Resolution preliminarily approves the Public Works Director's Report which includes the 2011- 2012 budget for Traffic Signal Maintenance Districts. As of January 12, 2005, all new territories created as Traffic Signal Maintenance Districts that benefit from traffic signals shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates will remain at the 2004-2005 level. The proposed 2011-2012 budget for the TSMD, Exhibit "B" is attached to this Resolution of Intention. The Resolution sets the protest hearing for the Council meeting on Wednesday, June 8, 2011, at 5:15 P.M. mb G:\GR0UPDAT\ADMINRPT\2011\05-18\Admin ROI TSMD 11-12.docx AK ADMINISTRATIVE REPORT 1 MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: 8. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: May 3, 2011 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention (ROI) No. 1691 to add territory, Area 4-101 (117 N Street) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (Ward 1) 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 subdivider(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. ps G:\GR0UPDAT\ADMINRPT\2011 \05-18\ROI est CMD 4-10I.docx MEETING DATE: May 18, 2011 [AGENDA SECTION: Consent Calendar TEM: I. TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD , DATE: May 4, 2011 CITY ATTORNEY - CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 10-177 with Stay Green Incorporated adding $35,000 (for a total not to exceed amount of $135,000) to the Annual Contract for tree trimming. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On December 15, 2010, Council awarded the Annual Contract for tree trimming to Stay Green Incorporated in the amount of $100,000; renewable annually thereafter for four (4) consecutive one-year periods. The past several years of budget cuts has resulted in a reduction of tree trimming maintenance. At the some time, the trees continued to mature, thus increasing the amount of trimming needed on each tree, driving up the trimming cost per tree. As a result, the contractor has used up most of the original award amount and there are still many deferred maintenance issues to address. In addition, the winter storms damaged several trees, which required additional tree maintenance and cleanup services that were not anticipated at the time the contract was originally awarded. Tree trimming work has been stopped pending approval of this amendment so not to exceed the amount of the work originally authorized. If approved, Amendment No. 1 will add $35,000 for a revised not to exceed amount of $135,000. Funds of about $35,000 remain available for tree timming in the Recreation and Parks operating budget within the General Fund. Approval of the amendment will allow the Recreation and Parks Department to continue the City's tree trimming maintenance program. Purchasing Division/ch SAPURCHWDMIWAmendments 10-11\Amendment #1 to Agmt 10-177, AC Tree Trimming, May 18, 2011.docx May 5, 2011, 7:54AM MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: 15. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: May 4, 2011 CITY ATTORNEY - AA_ CITY MANAGER 1-5 SUBJECT: Amendment No. 4 to Agreement 06-053 with Parsons Transportation Group Corporation, (6-month time extension) for Program Management Services for the Thomas Roads Improvement Program (TRIP) (Various Wards) RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On February 22, 2006, the City Council awarded a contract to Parsons Transportation Group to provide program management services for the Thomas Roads Improvement Program (TRIP). Parsons was selected to manage the TRIP program based on their experience and qualifications, and staff has been pleased with their performance. The original Agreement included an initial five-year, four-month time-frame and had a termination date of June 30, 2011. But it was always anticipated that TRIP would continue past this termination date, and that the Agreement would need to be amended in the future to extend beyond June 30, 2011. Staff recently learned from Caltrans and the Federal Highways Administration (FHWA) that in order to have federal funds continue to pay for consultant program management services, the City could not simply amend the current Agreement to add funding but would need to re- advertise for these services. Consequently, staff is preparing a Request for Qualifications (RFQ) for the continuation of these services. But this qualifications based selection process cannot be completed by June 30, 2011, the expiration date of the current contract, and this is why staff is now requesting that the current contract be extended to December 31, 2011. Work to date has been performed under budget, and as a result, adequate federal and local funds remain in the current contract to cover this time extension; therefore no additional funding is needed for this Amendment. KPB: G:\GR0UPDAT\ADMINRPT\2011 \05-18\TRIP PMC Amendment Admin.docx T A ADMINISTRATIVE REPORT MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: A V TO: Honorable Mayor and City Council APP VED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD i DATE: May 9, 2011 CITY ATTORNEY CITY MANAGER /z SUBJECT: Contract Change Order No. 1 to Agreement No. 11-020 with Parsam Construction ($85,000; revised not to exceed $215,000) for completion of Proto II wall construction within the City in the Hills development (Ward 3). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the completion of the Proto II walls installed in various areas within the City in the Hills development. A block wall was included in the construction of various streets within the City in the Hills development. The block wall constructed in this area is a Proto II wall which is post tensioned to provide the structural strength as opposed to the traditional rebar and grout filled wall. Design Masonry was hired by Mountain View Bravo, the developer of City in the Hills, to construct this area of block wall. Before the City could do final inspection and accept this portion of block wall, both Mountain View Bravo and Design Masonry filed bankruptcy and went out of business. Subsequently, a section of this block wall failed and fell over. Investigation by City staff revealed construction on portions of the wall installed along the east side of Panorama Drive was incomplete per the Proto II wall system design. Further investigation by City staff revealed that the special inspections, as required for this type of block wall system, were not performed by the original contractor. Since both the installing contractor and the developer are no longer in business, on March 9, 2011 a contract to complete the construction of this wall was awarded to Parsam Construction, a contractor who is certified in the installation of the Proto II wall system. At the time of award, an actual project cost was unknown since the extent of the necessary work could not be fully determined until the contractor performed the actual construction work. As such, the recommended $130,000 not to exceed amount awarded to Parsam Construction was a rough estimate of total costs based on the investigative work previously done by City Staff. Construction work commenced on April 6, 2011. Unfortunately, the work needed to complete the Proto II walls is more extensive and labor intensive than originally anticipated. Currently we have expended $119,586 of the original contact amount; however, it is estimated that an additional $85,000 will be needed to complete the construction of the Proto II walls. This will bring the total construction cost for this project to $215,000 as illustrated below: • Original Contract Amount = $130,000.00 • Amended Contract Agreement after Change Orders = $ 85,000.00 Net Increase to date = $215,000.00 RM (Construction) May 10, 2011, 5:05PM GAGROUPDATWDMINRPT\2011\05-18\CCO 1 Proto 11 Wall Repair 3.doc ADMINISTRATIVE REPORT Sufficient funds are budgeted to fund this Change Order. The funding source is assessment district proceeds from the City in the Hills Assessment District (05-1). There is no General Fund impact associated with this agreement. RM (Construction) May 10, 2011, 5:05PM G:\GROUPDATADMINRPT\2011\05-18\CCO 1 Proto 11 Wall Repair 3.doc MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: 0. ( , TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: May 5, 2011 CITY ATTORNEY CITY MANAGER )eZ SUBJECT: Contract Change Order Nos. 1 through 4 to Agreement No. 10-149 with Elite Landscaping Inc. ($45,885.41; revised not to exceed $1,710,828.41) for the Kern River Upland and River restoration Project (Ward 3). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for restoring approximately 14.5 acres within the Kern River Parkway to its natural condition and to include public trails and informational kiosks to provide opportunities to observe and learn about native plants and animals within their natural habitat. Contract Change Order No. 1 provides for the following: 1) Additional labor cost incurred due to the need to accelerate the work schedule in order to meet grant funding deadlines. 2) Additional survey needed to replace survey stakes inadvertently removed during operation on an adjacent construction operation. 3) Substitution of support brackets necessary to provide proper support for the informational kiosks being installed on this project. The original brackets were found to be inadequate for the type of structure being installed. 4) Substitution of soil stabilizer for the decomposed granite trails. This substitution was found to be necessary when it was discovered that much more than the anticipated amount of the originally specified soil stabilizer would need to be applied in order to provide for a properly stabilized surface. This substitution will provide a properly stabilized surface in a more cost effective manner. The Contractor has agreed to accept a total of $9,687.42 for performing this additional work. Contract Change Order No. 2 provides for compensation due to loss of productivity and repair of equipment damage incurred during trenching operations. During irrigation pipe trenching operations, the contractor encountered an area where large pieces of concrete were buried. This unforeseen and unexpected concrete debris damaged the trenching equipment and required the contractor to remove and dispose of the concrete debris within the trench area. The contractor has agreed to accept a lump sum price of $8,416.36 as full compensation for these items. RM (Construction) May 11, 2011, 11:26AM G:\GR0UPDAT\ADMINRPT\2011\05-18\CCO 1-4 Kern River Upland and Restoration.doc ADMINISTRATIVE REPORT Contract Change Order No. 3 provides for installing additional concrete foundation piers for the public observation decks being installed at each kiosk location. These additional piers were found to be necessary during an examination of potential loads that may be encountered from the public's use of these decks. The contractor has agreed to accept a lump sum price of $7,012.73 for constructing these additional foundation piers. Contract Change Order No. 4 provides for revising the paths and landscaping being installed adjacent to Sam Lynn Ballpark. These revisions provide for realignment and extension of the paths so that they tie in directly to the parking lot. As a result of these changes additional trees, irrigation, and other landscaping features will need to be added. These changes were made as a result of meetings and consultation with County Parks to ensure that the new path alignment will not only enhance access from Sam Lynn Ballpark facility to the new park site but will also fit into the current and future operational scheme of the Ballpark. The contractor has agreed to make these revisions for the lump sum price of $20,768.90. Staff has performed a cost analysis on this change order which is on file. The net cost increase of Contract Change Orders 1 through 4 is $45,885.41 (which is an increase of 2.8% of the original contract amount) as illustrated below: • Original Contract Amount = $1,664,943.00 • Amended Contract Agreement after Change Orders = $1,710,828.41 Net Increase to date = $ 45,885.41 Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact associated with this Change Order. RM (Construction) May 11, 2011, 11:26AM G:\GR0UPDAT\ADMINRPT\2011\05-18\CCO 1-4 Kern River Upland and Restoration.doc MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: 8.r-n. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 5, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 1 to Agreement No. 10-028 with Wyoming Northstar Inc. ($23,033.56; revised not to exceed $2,216,661.96) for the project known as LNG/LCNG Fueling Facility S. Mt. Vernon Ave. & E. Planz Rd. (Ward 1). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the construction of a fueling station that dispenses liquid natural gas (LNG) and liquid compressed natural gas (LCNG). This fueling station is being constructed on South Mt. Vernon Avenue at East Planz Road. In order for Fleet Services to properly monitor this fueling station, a communication line will need to be installed. This communication line will allow for transmission of use data as well as information needed for proper maintenance and operation of this station. This communication line will also send out alarms to proper personnel should a malfunction occur. The contractor has agreed to install this communication line for the lump sum price of $15,233.56. The PG&E power point tie-in for the LNG/LCNG station changed from its anticipated location after project construction had commenced. This new location will require the contractor to bore under South Mt. Vernon Avenue. The contractor has agreed to perform this additional work for the lump sum price of $7,800. This is the first change order to be submitted for this project. This change order will increase the project total by $23,033.56 (which results in an 1.1 % increase of the original contract amount) as illustrated below: • Original Contract Amount = $2,193,628.40 • Amended Contract Agreement after Change Orders = $2,216,661.96 Net Increase to date = $ 23,033.56 Sufficient funds are budgeted to fund this Change Order. There is no General Fund impact associated with this Change Order. RM (Construction) May 5, 2011, 1:48PM G:\GROUPDAT\ADMINRPT\2011\05-18\CCO 1 LNG-LCNG Station Mt Vernon.doc MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: 6,n. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Nelson K. Smith, Finance Director May 10, 2011 APPROVED DEPARTMENT HEAD ZZ/5 CITY ATTORNEY p~ CITY MANAGER Commercial Pool Heater Replacements at McMurtrey Aquatic Center Accept bid and approve contract to Leslie's Poolmart, Incorporated ($54,838.82) for two (2) Commercial Pool Heater Replacements at McMurtrey Aquatic Center. Ward 2 2. Transfer $54,839 General Fund Operating Budget savings to the Capital Budget within the Recreation and Parks Department for the purchase and installation of two (2) Commercial Pool Heater Replacements at McMurtrey Aquatic Center. RECOMMENDATION: Staff recommends acceptance of bid, approval of contract and transfer of funds. BACKGROUND: Invitations to bid were sent to over three hundred (300) bidders for replacing two (2) pool heaters at the McMurtrey Aquatic Center. Four (4) bids were received in response to solicitation. This project is to replace two (2) eight year old pool heaters at the McMurtrey Aquatic Center. One heater is currently non-operational and the second heater is of the same design and could fail at any time. According to research conducted by the Parks Department, average life spans of similar heaters used year around are eight to twelve years. Replacement of both heaters will ensure continued operations at the McMurtrey Aquatic Center. Funds will be transferred from operating savings within the Parks Department General Fund Budget to cover the cost of this project. Four (4) bids received as follows: Leslie's Poolmart, Inc., Phoenix, AZ $54,838.82 Horizon Mechanical Contractors of California, Arcadia, CA $65,900.00 California Commercial Pools, Inc., Glendora, CA $69,900.00 ACCO Engineered Systems, Inc., Glendale, CA $83,292.00 Staff finds the low bid submitted by Leslie's Poolmart, Incorporated, to be acceptable and recommends approval of the contract in the amount of $54,838.82. Purchasing Division/kb S:WdminWdmin ReportsWdmin - Commercial Pool Heater Replacements at McMurtrey Aquatic Cen.docx MEETING DATE: May 18, 201 1 AGENDA SECTION: Consent Calendar ITEM: 8. p, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD /V S DATE: May 4, 2011 CITY ATTORNEY CITY MANAGER /W SUBJECT: Accept bid and approve contract to Kern Turf Supply, Incorporated (not to exceed $175,026.96) for the annual contract for irrigation parts & supplies. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract. BACKGROUND: Invitations to Bid were sent to over two hundred (200) suppliers for the Annual Contract for Irrigation Parts & Supplies for the Recreation and Parks Department. The contract award is for a one year period; renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. One bid was received from Kern Turf Supply, Incorporated, Bakersfield. This contract requires suppliers to stock common sprinkler parts locally for pick up by City staff for emergency repairs to irrigation systems. A previous bidder on this contract no longer has a store in Bakersfield providing stock for immediate pickup and they did not submit a bid this time. Kern Turf Supply has three locations in Bakersfield with stock on hand for most common repairs. In addition, Kern Turf Supply has been the low bidder and satisfactorily held this contract for more than ten years. Funds are budgeted in the Recreation and Parks Department operating budget within the General Fund for this contract. Staff finds the bid from Kern Turf Supply, Incorporated to be acceptable and recommends approval of contract in the amount of $175,026.96. Purchasing Divisionikb SAPURCHWDMIN1Admin 10-11WC Irrigation Parts & Supplies, 10-11-70, Kern Turf, May 18, 2011.docx MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 3, 2011 CITY ATTORNEY -A- CITY MANAGER- )CS SUBJECT: Accept bid and approve contract to Precision Fertilizer Spreading (not to exceed $150,750) for the annual provision - Hauling and Spreading Biosolids. (Wards 1, 6) RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract. BACKGROUND: Invitations to bid were sent to all registered bidders for bio-solids management services for the Annual Contract for Hauling and Spreading Biosolids for the Public Works Department Wastewater Division. The bid required suppliers to provide a price per ton for loading, hauling, weighing and spreading dried biosolids from Wastewater Treatment Plants No. 2 and 3 to field locations as directed by City staff. One bid, from the City's current contract holder, Precision Fertilizer Spreading was received in the amount of $16.75 per ton. Based on department workload estimates this equates to a total dollar estimate of $150,750. Precision Fertilizer Spreading has performed this specialized service for the City since 1997. Staff finds the bid to be acceptable and recommends approval of the contract to Precision Fertilizer Spreading. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Sufficient funds are available in the Sewer Enterprise Fund for this service. Purchasing Division/kb SAPURCHWDMINWdmin 10-11 WC Hauling and Spreading Biosolids, 10-11-75, May 18, 2011.doc MEETING DATE: May 18, 2010 AGENDA SECTION: Consent Calendar ITEM: $ . TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 4, 2011 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract to Gilliam and Sons, Incorporated (not to exceed $1,440,003) for the Annual Contract for Earthmoving and Hauling. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract. BACKGROUND: Invitations to bid were sent to over eleven hundred (1,100) contractors for the Annual Contract for Earthmoving and Hauling for the Public Works and Water Resources Departments. The bid required suppliers to provide hourly pricing for various pieces of equipment provided with operator and without operator. Five (5) complete bids were received in response to solicitation. The bids submitted are based on an estimated quantity of hours projected by various City departments multiplied by the contractor's unit price for each service element. The contract award is for a one year period; renewable annually for four consecutive one- year periods at the City's option and upon mutually agreeable terms. The five (5) bids received are listed below. BIDDER AMOUNT Gilliam and Sons, Incorporated $1,440,003.00 Bakersfield, CA Papich Construction, Inc. $1,544,861.72 Grover Beach, CA TD Whitton Construction, Inc. $1,920,186.73 Bakersfield, CA Burtch Construction $1,965,187.00 Bakersfield, CA Bowman Asphalt, Inc. $2,318,257.11 Bakersfield, CA Purchasing Division/kb SAPURCHWDMIMAdmin 10-11WC Earthmoving & Hauling, 10-11-73, May 18, 2011.doc ADMINISTRATIVE REPORT The Funding for this work will be from a variety of sources including Water, Sewer, Gas Tax and Transportation Development. Staff anticipates minimal (if any) impact to the General Fund. Staff finds the lowest overall bid submitted by Gilliam and Sons, Incorporated, Bakersfield, to be acceptable and recommends approval of the contract in the amount of $1,440,003. Purchasing Division/W SAPURCHWDMINWdmin 10-11 WC Earthmoving & Hauling, 10-11-73, May 18, 2011.doc ~F u, rr, ~ ADMINISTRATIVE REPORT MEETING DATE: May 18, 2011 AGENDA SECTION: Consent Calendar ITEM: 8-r-, TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Greg Williamson, Chief of Police May 6, 2011 Appropriate $25,000.00 seized asset revenues to the Police Department Operating Budget within the General Fund, toward the cost of radio equipment for the BPD Communications Center. APPROVED DEPARTMENT HEAD I / CITY ATTORNEY I,.l CITY MANAGER RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The Bakersfield Police Department has made significant progress on the project to expand and remodel the Communications Center, begun in July 2010. The remodel project consists of upgrading the existing 9-1-1 call taker computer system, expanding the system from 10 positions to 12, and upgrading the ergonomic furniture workstations. Also, the project includes minor construction, an upgrade to the radio system and other 9-1-1 system related equipment. The equipment necessary to process the delivery of 911 calls is funded by the California State 9-1-1 Office. As a Public Safety Answering Point (PSAP) within the State of California's 9-1-1 network, the Bakersfield Police Department has accrued funds available to replace the customer premise equipment (CPE), i.e. 9-1-1 system. This opportunity is afforded to the BPD once every 5 years. The available funding comes from the 9-1-1 surcharge placed on every phone bill issued in the state. The equipment and materials necessary to upgrade the existing radio system and complete the construction portion of the project will be funded by seized asset forfeiture revenues. The existing Motorola Radio Command Console has been in use since 2003. The Motorola console integrates commands, images and audio for use with our existing two way radio system. The two way radio system allows our dispatchers to communicate with police officers in the field. The cost estimate of replacing the entire console with new equipment is $400,000. However, there is a less costly alternative that will allow the Bakersfield Police Department to preserve the function of the existing console for approximately three more years. The cost of the components to enhance and preserve the system is approximately $25,000.00. Therefore, the Bakersfield Police Departments requests $25,000.00 seized asset revenues to be appropriated to the General Fund Police Budget to purchase the radio system components. DB \\citynas\homedirs\dbranson\BPDWDMIN RPTS\HDMIN RPTS FY 10-11\ADMIN RPT - (05-18-11) COMM CENTER REMODEL#2.docx 5/6/2011 8:20 AM Page 1 of 2 ADMINISTRATIVE REPORT Page 2 The replacement parts listed below will allow the Bakersfield Police Department to utilize the existing console for approximately three more years: Radio Controllers: Specialized controller running Motorola software that sends and receives commands, images and audio from the operator to the two-way radio system through other associated electronic cards. This machine allows us to continue to run software and operating systems that came with the original console system. Any changes to these controllers could require very expensive measures to upgrade many of the electronic components within the radio system. Communications Interface Boards: These two items together provide audio to each of the operator's positions which includes radio traffic to headsets and speakers. We have found that each board can have problems of their own, but we can repair most. With these cards as "ready to go" spares, we can provide uninterrupted service to the Communications Center. Touch screen Computer Monitors: Operator viewing and touch screens. This is the video display screen at each operator position for the operation of the radio systems. Burglar Alarm Receiver: Replaces the 20 year old device that receives the burglar alarms from City locations and facilities like City Hall. This box interprets and displays the incoming coded signals, so that an operator can understand them. Computer Operator Interface Module (COIM Card): Specialized Motorola radio system electronic card. This card serves only one operator position, but interprets and manipulates the data to and from that operator as necessary to control the radios. 1\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 10-11\ADMIN RPT- (05-18-11) COMM CENTER REMODEL#2.docx 5/6/20118:20 AM ADMINISTRATIVE REPORT MEETING DATE: May 18, 2011 AGENDA SECTION: Closed Session ITEM: (0.0.. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD k/~ DATE: May 9, 2011 CITY ATTORNEY CITY MANAGER-. SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Two cases). • Philip Elms v. City of Bakersfield, et al. Kern County Superior Court Case No. S-1500-CV-270250 DRL • Erica Morataya, et al. v. City of Bakersfield Kern County Superior Court Case No. S-1500-CV-267729 WDP VG:lsc S:\COUNCIL\CI Sess\Admins\10-11\5-18-1 lExiskit.docx MEETING DATE: May 18, 2011 AGENDA SECTION: Hearings ITEM: I a, , a, TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: April 25, 2011 SUBJECT: General Plan Amendment 11-0052 (Ward 4). APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER McIntosh & Associates, representing Bidart Bros., a California Corporation, has requested a general plan amendment to change the Circulation Element Map, generally located between Etchart Road (future) and Fruitvale Avenue, west of Golden State Highway. 1. Resolution approving the Negative Declaration and adopting the general plan amendment of the Circulation Element to delete the eastern portion of Etchart Road (future) and the northern portion of Fruitvale Avenue at Golden State Highway, and adding a new collector that connects these two roadways west of the Union Pacific Railroad. RECOMMENDATION: Staff recommends adoption of resolution approving the Negative Declaration and approving the proposed general plan amendment to the Circulation Element. BACKGROUND: McIntosh and Associates is requesting a general plan amendment to the Circulation Element to delete two collector segments at the eastern portion of Etchart Road (future) and the northern portion of Fruitvale Avenue at Golden State Highway, and adding a new collector that connects these two roadways west of the Union Pacific Railroad. The project site is located in the northwest Bakersfield area on the west side of Golden State Highway. Based on a traffic study for the Saco Ranch commercial center and as recommended by the Traffic Engineer, future rail crossings at Etchart Road and Fruitvale Avenue are not necessary. Sufficient access to Golden State Highway over the railroad tracks currently exists less than ~/2 mile south of Etchart Road at Snow Road (an at grade crossing) and about '/z mile north at Seventh Standard Road (a separated grade crossing). The new collector road connection will improve internal circulation west of the railroad to better accommodate planned development. If approved, the roadway changes will also serve as a public safety benefit by eliminating additional rail grade crossings. ADMINISTRATIVE REPORT Page 2 The Planning Commission conducted a public hearing on this general plan amendment on April 7, 2011, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request and the applicant agreed to the final conditions and mitigation approved for the project. The CEQA requirements have been followed by staff and the Planning Commission for the project. Staff conducted an initial study and it was determined that the project would not have a significant impact on the environment. Therefore, in accordance with CEQA, a Negative Declaration was prepared. Mitigation measures recommended as part of project approval address air quality, biological resources and cultural resources. JM:dl\\ S:\GPAs\GPA 2nd 2011\11-0052Wdmin SRWdm Report 11-0052.doc MEETING DATE: May 18, 2011 AGENDA SECTION: Reports ITEM: 3 a.. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: April 26, 2011 SUBJECT: Fiscal Year 2011-2012 Proposed Budget 1. Department Budget Presentations a. Police b. Public Works APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 114-7 A7---7 RECOMMENDATION: BACKGROUND: The Police and Public Works Departments will provide a detailed overview of their 2011-12 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. Clw: al s:\ 11-12budpro\admin reports\budget presentation 05.18.11 - pd, pw.docx A OFa eR+ ~S ° ADMINISTRATIVE REPORT MEETING DATE: May 18, 2011 AGENDA SECTION: Deferred Business ITEM: 14a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager May 12, 201 1 City Council Goals Update - Phase 3 (continued) 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 April 13, 2011 City Council meeting, staff presented a summary of the Goals updates proposed by the Councilmembers. The only change requested at that time was a minor verbage addition under Goal #2, 2.1, Item #2 (adding "and older streets"). Following the April 13, 2011 City Council meeting, Councilmember Johnson requested that staff make proposed revisions to Goal #5: Strengthen and Diversify our Economic Base", with the intention of broadening the economic development goals and targeted actions to be more proactive. In consultation with Councilmember Johnson, staff has incorporated the requested revisions into the updated version of the City Council Goals included with this report. Therefore, two versions of the Goals document are attached for the Council's reference: • The Goals document, including all the proposed changes, to date, in a format showing additions, deletions, and background notations (notations are in the shaded right margin) • The Goals document, including all the proposed updates, to date, in a format without the mark ups or notations; Also attached is a report, requested by Councilmember Johnson, pertaining to Goal #1 ("Provide Quality Public Safety Services"), as to the feasibility of attaining the goal of 1.3 police officers per 1,000 population. The City Council Goals provide policy guidance to staff for budgetary and program implementation. The Council may choose to further update the goals or make additional modifications, as desired, prior to adoption. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER rks May 13, 2011, 12:02PM Adm i n-CityCou ncilGoals-U pdate-2-051811. doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 4, 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, Johnson Absent: None 2. INVOCATION by Reverend Gregory M. Haslow, Bakersfield First Assembly Church. 3. PLEDGE OF ALLEGIANCE by Stefananie Zaragoza, 9r" grade student at Bakersfield High School. Mayor Hall acknowledged the communications class from California State University, Bakersfield, and the government classes from Ridgeview High School and Liberty High School in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Certificate of Appreciation to Juanita Nighbert acknowledging her selection as the Yard of the Quarter recipient. ACTION TAKEN Ms. Nighbert accepted the Certificate of Appreciation, as well as a gift certificate from Reimer's Nursery, and made comments. Bakersfield, California, May 4, 2011 - Page 2 4. PRESENTATIONS continued b. Presentation by Mayor Hall of a Certificate of Appreciation to Chief Williamson for the Bakersfield Police Department being named Law Enforcement Agency of the Year by M.A.D.D. Chief Williamson accepted the Certificate, made comments, and acknowledged Lt. Willoughby, Sgt. Johnson, Sgt. Abney, Officer Bagby, District Attorney Lisa Green, Assistant District Attorney Scott Spielman, Deputy District Attorney Mike Yraceburn, Tina Antak, with Life Interrupted, and Carla Pearson, from M.A.D.D. 5. PUBLIC STATEMENTS a. Gene Tackett, representing the California High- Speed Train Authority, invited the City Council and the public to attend a public information meeting on Thursday, May 19th, at the Marriott Hotel, and submitted written material. b. Dawn Wardell spoke regarding the Great Spirit Lodge, the first female women's veteran transition home; invited everyone to a fundraising event on Saturday, May 7th, at the Knights of Columbus; and submitted written material. C. Phil Mygatt and Pamela McCarthy spoke on behalf of American Legion Post #26 regarding amending the City's bingo ordinance, and submitted written material. Councilmember Benham referred this matter to the Legislative and Litigation Committee, and asked the City Attorney to prepare a review of the written material submitted and have it ready In advance of the meeting. d. Louis Medina, Homelessness Project Manager for the Kern County Homeless Collaborative, spoke regarding homelessness prevention and grant awards, and submitted written material. ACTION TAKEN Bakersfield, California, May 4, 2011 - Page 3 5. PUBLIC STATEMENTS continued e. Betsy Ramsey, Field Representative for Assemblyman David Valadao of the 30th District, advised that she just wanted to introduce herself to the City Council. 6. WORKSHOPS a. California Redevelopment Association Award of Excellence awarded to the Bakersfield Redevelopment Agency for the Mill Creek Linear Park Project. City Manager Tandy showed a video and made a presentation to Economic Development Director Kunz. b. Presentation of the Proposed FY 2011-12 Budget. City Manager Tandy and Administrative Analyst Huot made staff comments and provided a PowerPoint presentation. Councilmember Hanson asked staff to give some consideration, when if comes time for equipment and vehicle replacement, to looking at some alternatives as far as leasing versus purchasing. Councilmember Hanson asked staff to give serious consideration regarding puffing streetlights in the Stockdale Estates area, specifically Jamaica Street and some of the other streets In the immediate area. 7. APPOINTMENTS a. One appointment to the Bakersfield Redevelopment Agency due to the expiration of term of Sara Takii. City Clerk Gafford announced one application was received from Neil Sidhu. Mayor Hall nominated Neil Sidhu for appointment. ACTION TAKEN Motion by Vice-Mayor Couch to ratify the APPROVED appointment of Neil Sidhu to a four-year term on the Bakersfield Redevelopment Agency, term expiring April 22, 2015. Bakersfield, California, May 4, 2011 - Page 4 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the April 13, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from April 1, 2011 to April 21, 2011 in the amount of $15,682,018.27 and self-insurance payments from April 1, 2011 to April 21, 2011 in the amount of $394,291.81, totaling $16,076,310.08. Ordinances: C. Adoption of Ordinance amending Municipal ORD 4646 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. Resolutions: d. Resolution confirming approval by the City RES 034-11 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. e. Resolution of Intention No. 1687 to add territory, ROI 1687 Area 2-47 (5001 Ming Avenue) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. Bakersfield, California, May 4, 2011 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Agreements: License Agreement with the Kern County Water Agency for the City to construct and maintain improvements for the Westside Parkway/Coffee Road interchange at the Cross Valley Canal. (TRIP) g. Agreement with Sales Tax Resource Group to research possible overpayments of sales and use taxes paid by the City for a contingent fee of 25% of any refunds received. h. Agreement with the Kern County Superintendent of Schools ($150,708) to expand the Safe Community Partnership Strategy, consistent with the requirements set forth by CalEMA for the 2010 Cal-GRIP grant. Agreement with the Kern County Superintendent of Schools, as administrative agent for the Kern County Network for Children ($119,851) to expand the Safe Community Partnership Strategy, consistent with the requirements set forth by CaIEMA for the 2010 Cal-GRIP grant. Amendment No. 1 to Agreement No. CA08-018 with Clifford & Brown (not to exceed $100,000) for outside legal services in the matter of Morataya v. Bakersfield KCSC Case No. S-1500-CV-265887 SPC. k. Amendment No. 3 to Agreement No. 02-161 with the Housing Authority of the County of Kern ($440 a month and extending the lease for 3 years) for a police satellite at 1630 East 11 t" Street. Amendment No. 1 to Agreement No. 10-062 with Burtch Construction ($652, 750; revised not to exceed $1,305,500 and extending the term for one year) for asphalt rejuvenator and sealant. M. Amendment No. 1 to Agreement No. 10-063 with Pavement Recycling Systems, Inc. ($146,000; revised not to exceed $292,000 and extending the term for one year) for cold planing. AGR 11-043 AGR 11-044 AGR 11-045 AGR 11-046 AGR 11-047 AGR 02-161(3) AGR 10-062(1) AGR 10-063(1) Bakersfield, California, May 4, 2011 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN n. Amendment No. 1 to Agreement No. 10-151 AGR 10-151(1) with Jim Alfter Cement Contractor ($122,775; revised not to exceed $313,352.50) for canal liner repair. Bids: o. Reject all bids for the Mill Creek Linear Park ABS COUCH Sister City Gardens - Phase A. P. Accept bid and approve annual contract with AGR 11-048 JCI Jones Chemicals, Inc. ($61,023.55) for the supply of sodium hypochlorite for Wastewater Division Plant 3. q. Traffic Signal Equipment: Accept bids from DDL Traffic, Inc. ($25,329.96), AZCO Supply, Inc. ($47,871.41) and McCain, Inc. ($84,671.26) (total bid $157,872.63). 2. Appropriate $31,000 Federal Congestion Mitigation Air Quality funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $4,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement Budget within the Transportation Development Fund. r. Accept bid and approve contract with Irv REMOVED FOR Guinn Construction ($885,949.60) for SEPARATE construction of sewer improvements: Hooper CONSIDERATION Avenue, Kimberly Avenue, and Urner Street. Miscellaneous: S. US Department of Homeland Security Grant: Appropriate $170,897 Federal Grant Revenues from US Department of Homeland Security to the Fire Department Capital Improvement Budget within the Capital Outlay Fund for purchase of live-fire training props. Bakersfield, California, May 4, 2011 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.s. continued 2. Appropriate $42,724 Capital Outlay Fund Balance for the local match requirement to the Fire Department Capital Improvement Budget within the Capital Outlay Fund for the purchase of live-fire training props. t. Kroll Park Shade Structure: Appropriate $6,645 contribution from Friends of Kroll Park made through the Bakersfield Foundation to the Recreation and Parks Department's Capital Improvement Budget within the Capital Outlay Fund. 2. Appropriate $1,500 contribution from Friends of Kroll Park made to the Recreation and Parks Department's Capital Improvement Budget within the Capital Outlay Fund. U. Approval of travel reimbursement expenses ($1,436.93) in compliance with Resolution No. 173-06 for Bakersfield Redevelopment Agency Board Chairman who attended the annual California Redevelopment Association Conference on March 30 and 31, 2011. Vice-Mayor Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer, on item 8.o. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.u., with the removal of item 8.r. for separate consideration. Accept bid and approve contract with Irv AGR 11-049 Guinn Construction ($885,949.60) for construction of sewer improvements: Hooper Avenue, Kimberly Avenue, and Urner Street. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar item 8.r. 9. CONSENT CALENDAR PUBLIC HEARINGS None. Bakersfield, California, May 4, 2011 - Page 8 10. CLOSED SESSION ACTION TAKEN a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Sierra Club v. City; Canyons, LLC; KCSC Case No. S-1500-CV-268547 KCT. 2. Olga Gomez v. City, et al.; KCSC No. S-1500-CV-270279 WPD. Motion by Vice-Mayor Couch to adjourn to Closed APPROVED Session at 6:18 p.m. Motion by Vice-Mayor Couch to adjourn from APPROVED Closed Session at 6:48 p.m. RECONVENED MEETING AT 6:55 p.m. 11. CLOSED SESSION ACTION a. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Sierra Club v. City; Canyons, LLC; KCSC CITY ATTORNEY Case No. S-1500-CV-268547 KCT. GIVEN DIRECTION 2. Olga Gomez v. City, et al.; KCSC MEDIATION OF No. S-1500-CV-270279 WPD. $72,500 APPROVED 12. HEARINGS None. 13. REPORTS a. Department Budget Presentations: 1. General Government Assistant to the City Manager Teglia made staff comments and provided a PowerPoint presentation. Bakersfield, California, May 4, 2011 - Page 9 13. REPORTS continued 2. Finance/General Fund Revenues Finance Director Smith made staff comments and provided a PowerPoint presentation. 3. City Attorney City Attorney Gennaro made staff comments and provided a PowerPoint presentation. 14. DEFERRED BUSINESS None. 15. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councllmember Benham asked staff to look Into some concerns in the vicinity of 19th and H streets and report back. Councllmember Hanson requested copies of pictures from Public Works that show flooding in the sumps in the Pin Oak and Campus Park areas. Councilmember Johnson thanked the Police Department for assisting with complaints he has received from Nepal Court. Councilmember Johnson thanked Public Works staff for preparing the list for him on security bonds, and requested a meeting with staff in the next couple of days to ask questions and pursue this matter further. Councllmember Salas thanked Public Works for completing the work for the light at Jonas and O'Neill. Councilmember Salas thanked the HazMat crew for coming out and looking at a potential hazardous material next to the Kern Delta Canal. Councilmember Salas asked staff to research how the City could utilize social media networks, such as Twitter and Facebook, to promote events or Increase public safety. ACTION TAKEN Bakersfield, California, May 4, 2011 - Page 10 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Salas thanked his online supporters. Councilmember Salas asked staff to look at either putting PG&E on an upcoming agenda or form an ad hoc committee to listen to concerns about the 1600 dysfunctional Smart Meters that were recently reported. Vice-Mayor Couch submitted letters for a response from staff. Vice-Mayor Couch complimented Councilmember Hanson for the amount of time he recently spent with some of his constituents trying to resolve some issues in several parks in his Ward. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 7:35 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield