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HomeMy WebLinkAbout07/16/08_CC_AGENDA_PACKETj~° ,~ BAKERSFIELD CITY COUNCIL ~~! • AGENDA y „~}~' MEETING OF JULY 16, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Workshop & Closed Session item(s) only during this portion of the meeting) 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) b. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9. (One claim) c. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. City v North Kern Water Storage District, et al Kern County Superior Court Case No. S-1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 2. John M. Tarabino, et al v City, et al Kern County Superior Court Case No. S-1550-CV-257620-SPC d. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 RECONVENED MEETING -approximately 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Pastor Rob Songer, Olive Knolls Church of the Nazarene. 7. PLEDGE OF ALLEGIANCE by Luis Castillo, Jr., 4t" Grade Student at Centennial Elementary School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Jesse Stephenson, Joe DeLeon Rucker and Wilma Rucker Davis, honoring the 61St Anniversary of Rucker's Mortuary. 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 9, 2008 Budget Presentation Meeting and the June 25, 2008 Regular City Council Meeting. 12. CONSENT CALENDAR continued Payments: b. Approval of department payments from June 13, 2008 to July 3, 2008 in the amount of $20,785,860.25 and self-insurance payments from June 13, 2008 to July 3, 2008 in the amount of $437,005.06. Ordinances: c. First Reading of Ordinance adding Section 8.16.065 of the Municipal Code relating to use of amplified sound by ice cream vendors. d. First Reading of Ordinance amending Sections 2.62.020 and 2.62.030 of the Municipal Code relating to the Keep Bakersfield Beautiful Committee. e. First Reading of Ordinance adding Sections 17.04.022, 17.04.132, 17.04.168, 17.04.281, 17.04.281.5, 17.04.493, 17.04.493.5, 17.04.606 and 17.04.624 and amending Chapter 17.58 of the Municipal Code relating to parking standards and requirements. Resolutions: f. Resolution accepting the City Clerk's Certification and declaring the results of the Primary Municipal Election for the election of Mayor held in the City on June 3, 2008. g. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Government Code Sections 34090 et seq for the Finance Department. (Ward 6,7) h. Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 575 consisting of 21.20 acres located at the southeast corner of Gosford Road and Taft Highway. 2. Annexation No. 592 consisting of .37 acre located at the southwest corner of Harris and Akers Road. 3. Annexation No. 600 consisting of 152.74 acres located on the east and west side of South H Street generally west of Monitor Street and north of Taft Highway. (Ward 2,5) i. Resolutiori approving the application for grant funds for a local levee evaluation project under Proposition 84. (ward 3) j. Resolution of Intention No. 1603 to add territory, Area 4-85 (Tract 6850) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. Agreements: (Ward 2,4) k. Cooperative Agreement with State of California Department of Transportation to widen Rosedale Highway between State Route 99 and State Route 43. (Rosedale Highway Widening Project) (TRIP) (ward 2) I. Amendment No. 1 to Cooperative Agreement No. 05-375 with State of California Department of Transportation for the 24'h Street (State Route 178) and Oak Street Interchange Project. (TRIP) City Council Meeting of 07/16/2008 12. CONSENT CALENDAR continued (Ward 3) m. Environmental Impact Report for GPA/ZC No. 03-0337 (The Canyons): Amendment No. 3 to Agreement No. 03-215 with Michael Brandman and Associates ($183,905) for preparation of the EIR. 2. Appropriate $183,905 (Developer's contribution) to the Development Services operating budget in the General Fund for the EIR consultant. (Ward 6) n. Water Well at Pacheco and Old River Roads (Tract 6167): Assignment No. 1 to Agreement No. 08-079 from Fairway Oaks South, LP to Judkins Family Trust and Judkins Revocable Trust to purchase real property for a water well site. 2. Assignment No. 1 to Agreement No. 08-078 from Fairway Oaks South, LP to Judkins Family Trust and Judkins Revocable Trust, to exempt water availability fees in exchange for a water well site. o. Amendment No. 2 to Agreement No. 05-348 with Dresser Services, Inc. extending the term to September 30, 2008 for asbestos surveys. p. Auctioneer Services: 1. Amendment No. 1 to Agreement No. 07-228 with Tri-State Auction Systems, Inc. extending the term to July 17, 2009. 2. Amendment No. 1 to Agreement No. 07-229 with Quality Team, Inc. extending the term to July 17, 2009. q. Amendment No. 2 to Agreement No. 06-219 with Ameripride Uniform Services extending the term for one (1) year for industrial laundry services. r. Amendment No. 3 to Agreement No. 06-220 with Kern Sprinkler Landscaping, Inc. extending the term for one (1) year for irrigation and landscaping services. (Ward 3) s. Pavement Reconstruction on Columbus Street from Mt. Vernon Avenue to Auburn Street - Federal Fiscal Year 2006-07. 1. Contract Change Order No. 1 to Agreement No. 07-348 with Granite Construction Company ($73,591.15; revised not to exceed $1,820,009.20) for project. 2. Appropriate $65,151 Federal Surface Transportation funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $8,441 Gas Tax Fund Balance to the Public Works Department's Capital Improvement Budget as the local match for the Federal appropriation. (Ward 1) t. Contract Change Order No. 1 to Agreement No. 07-422 with Griffith Company ($53,264.52; revised not to exceed $6,071,998.52) for the Northeast Trunk Sewer -Phase 3 -Edison Highway Extension. Bids: u. Accept bid from Golden State Peterbilt ($235,945.77) for one (1) additional LNG powered four axle front-loading automated refuse truck for the Public Works Department Solid Waste Division. (Ward 2) v. Accept base bid and award contract to Lee Crippen Demolition ($177,389) for the Downtown Redevelopment Demolition Project. 3 City Council Meeting of 07/16/2008 12. CONSENT CALENDAR continued (ward 5) w. Full Depth Reclamation on Camino Media Drive from Old River Road to 200' west of Lancashire Street -Federal Fiscal Year 2007/08. 1. Accept bid and award contract to Maverick Asphalt, Inc. ($1,525,525) for project. 2. Appropriate $557,739 Federal Surface Transportation funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $72,261 Gas Tax Fund Balance to the Public Works Department's Capital Improvement Budget for the local match of the Federal appropriation. (Ward 2,3,4) x. Accept bid and award contract to Floyd Johnston Construction Company ($531,914) for installation of 2,630 feet of 18" water pipeline along Coffee Road between Granite Falls Way and Meany Avenue. Miscellaneous: Staff recommends adoption of Consent Calendar items a through x. 13. CONSENT CALENDAR HEARINGS 14. HEARINGS 15. REPORTS a. Report on the City webSlte. (Staff presentation by Bob Trammell, Information Technology Director) b. Report regarding analysis of park fees and Mesa Marin Sports Complex. (staff presentation by Dianne Hoover, Recreation & Parks Director) 16. DEFERRED BUSINESS ~7. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, ~ ~~ Alan Tandy City Manager 07/09/08 3:OOpm 4 City Council Meeting of 07/16/2008 .f AGENDA HIGHLIGHTS JULY 16, 2008 COUNCIL MEETING REGULAR MEETING - 5:15 p.m. CLOSED SESSION There will be a conference with legal counsel regarding two-cases of potential litigation and two cases of existing litigation. There will also be a conference with the labor negotiator. CONTINUATION OF REGULAR MEETING -approximately 6:30 a.m. CONSENT CALENDAR Ordinances Item 12c. First Reading of an Ordinance Adding to the Municipal Code the Use of Amplified Sound by Ice Cream Vendors. Councilmember Schrivner requested staff prepare an ordinance clarifying the regulations concerning the use of amplified sound by ice cream vendors. On June 16, 2008, the Legislative and Litigation Committee members raised concerns about the difficulty of enforcing a law without specific time limits, and suggested that the ordinance should account for the longer hours of daylight during the peak summer season. The proposed ordinance includes dates and times to reflect the directions of the Committee majority. Items 12d. First Reading of an Ordinance A,pendino the Municipal Code Relatin4 to the .Keen Bakersfield Beautiful Committee. On April 29, 2008, Mayor Hall asked the Legislative and Litigation Committee to consider revising the Municipal Code to add the appointment of alternate members to the Keep Bakersfield Beautiful Committee (KBBC). These alternates would be allowed to vote in place of their corresponding appointed members, and their terms would reflect the same as that of the KBBC member's appointed term. The Legislative and Litigation Committee discussed the matter on June 16, 2008, at which time Councilmember Couch raised concerns about keeping qualified people on the KBBC should their nominating Councilmember leave mid-term. He recommended the term of a KBBC member should continue until the term of the nominating Councilmember is complete. The ordinance reflects these revisions. staff was directed to pursue a proposed ordinance amendment and forward it to the Planning Commission for public hearing consideration and approval. The proposed amendments included parking definitions and restrictions, building structures, provisions for motorcycle parking, mixed use parking, and other areas of interest as described in the administrative report. With recent efforts to encourage walkability, mixed-use development and more efficient use of resources, the proposed changes recognize increased application of the City's share parking model, use of street and tandem parking (where available), and proximity to transit. A number of other recommendations are items that staff has identified over the years through working with the ordinance that will improve clarity and functionality in applying the standards. Resolutions Item 12I. Resolution Approvin4 the Application for Grant Funds for a Local Levee Evaluation Project Under Proposition 84. The Local Levee Assistance Program makes .funds available statewide to reimburse local public agencies for up to 50% of the cost for critical repairs and evaluations of local levees. The Department of Homeland Security's Federal Emergency Management Agency (FEMA) is currently in the process of producing a countywide flood insurance report and Digital Flood Insurance Rate Maps for Kern County. As part of this process FEMA determined that sections of the Kem River Levee system through Bakersfield require documentation to show these levees meet the criteria of the federal regulations. Without this documentation, these areas previously accredited with providing flood protection may lose this designation. To confirm and maintain this accreditation the City entered into the Provisionally Accredited Levee Program, under which the City has until July 22, 2009 to provide the required documentation. Under the grant program, the City could receive $341,550 or up to 50% of the total cost ($683,102) to offset the costs to comply with the FEMA regulations. Agreements Item 12k. Cooperative Agreement with Caltrans to Widen Rosedale Highway between State Route 99 and State Route 43. The cooperative agreement outlines the responsibilities of both the City and Caltrans regarding development of this TRIP project, and is necessary to complete the Environmental Document for the project. Item 121. Amendment No.1 to Cooperative Agreement No. 05-375 with Caltrans for the 24`h Street (State Route 178) and Oak Street Interchange Project. Caltrans and the City entered into a Cooperative Agreement on November 9, 2005 to define responsibilities for this TRIP project. This portion of SR 178 was included in Assembly Bill 1858 which provided for the relinquishment of this portion of the highway from Caltrans to the City. This Amended Cooperative Agreement will transfer the California Environmental Quality Act (CEQA) lead agency status from Caltrans to the City consistent with the proposed relinquishment. In addition, the Amended Agreement will transfer the National Environmental Policy Act (NEPA) oversight from the Federal Highways Administration (FHWA) to Caltrans as provided for in the Legislation. Ifem 12m. Amendment No. 3 to Agreement No. 03-215 with Michael Brandman and Associates for the Preparation of Environmental Impact Reports for General Plan Amendment and Zone Chance for the Canyons in the amount of $183.905. This additional amount for the EIR consultant was deposited by the applicant, General Holdings. Additional funds from the developer were needed due to the increasing complexity of preparation and circulation of the EIR, and responses to public comments. Currently, the funds are adequate to cover City administrative costs. No City funding is required for this contract. Bids Item 12u. Award Contract to Golden State Peterbilt for a Refuse TrucK for the 50110 waste uivision m the amount of $235,945.77. Over 200 suppliers were invited to bid to provide one additional LNG powered four axle front-loading automated refuse truck. Three bids were received, one of which was unacceptable, as noted in the administrative report. As it takes 9 to 10 months to acquire this type of vehicle, it is important to order it now to maintain adequate service levels over the next two years. Staff recommends awarding the contract to Golden State Peterbilt. Item 12w. Award Contract to Maverick Asphalt Inc. for Full Depth Reclamation of Existing Roadway on $1,525.525. The reclamation process reconstructs the existing pavement, and includes striping, pavement markings, modification of access ramps, and traffic signal detector loops. Three bids were received. Staff recommends awarding the contract to Maverick Asphalt, Inc. Bids exceeded the engineer's estimate of $1,279,000 due to escalating prices of asphalt concrete, so additional appropriations from the Federal Surface Transportation Funds and Gas Tax Fund Balance are recommended Agenda Highlights -July 16, 2008 Council Meeting Page 2 Item 12x. Award Contract to Floyd Johnston Construction Company for Installation of Water Pipeline along Coffee Road between Granite Falls Way and Meanv Avenue in the amount of $531.914. The installation of 2,630 feet of 18" water pipeline will connect to the City's distribution network at Granite Falls Way and tie-in to the Kem County Water Agency Distribution pipeline at Meany Avenue, allowing the City to receive 6,500 acre fee# of treated water annually. Five bids were received for this project. Staff recommends awarding the contract to Floyd Johnston Construction Company. REPORTS Item 15a. Report on the City of Bakersfield Website. Information Technology Director, Bob Trammell, will provide an update on the various features available on the City's website. Item 15b. Report on Analysis of Park Fees and Mesa Marin Sports Complex. Recreation and Parks Director Dianne Hoover will present an analysis of the Park Provision Program which authorizes collection of fees for the land acquisition and development of City Parks. Phase 1 construction development for the Mesa Marin Sports Complex is slated to begin this fall and completed in time for play in summer 2009. Improvements will include a parking lot, four softball diamonds, central support building with restrooms, concession area and astorage/mechanical room. Phase 1 of this project is funded by $3.2 million in the Capital Improvement Program, which includes a Proposition 40 grant, Zone 3 Park Improvement funds, and Capital Outlay funds. Approved: Rhonda Smiley, Assistant to the Clty Manager ~. cc: Department Heads Clty Manager's Flle City Clerk's File News Media Flle Agenda Highlights -July 16, 2008 Council Meeting Page 3 BA ~Fo ~+ S ~ ~ U p uI C ~~ ADMINISTRATIVE REPORT MEETING DATE: July 16, 2008 AGENDA SECTION: Closed Session '~ ITEM: ~ , TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: July 7, 2008 CITY ATTORNEY APPROVED ~r~ vG CITY MANAGER SUBJECT: Conference with Legal Counsel -Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (One matter) VG:Isc S:\COUNCIL\CI SessWdmins\OB-09\07-16-08.PotLit.doc A ~~ r S ~ ~ U O c ~, 1 ADMINISTRATIVE REPORT MEETING DATE: July 16, 2008 AGENDA SECTION: Closed Session ITEM: i-{ , h , TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: July 7, 2008 CITY ATTORNEY APPROVED !~ 1/'~'. CITY MANAGER M~ SUBJECT: Conference with Legal Counsel -Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(C) of Government Code section 54956.9. (One Claim) VG:Isc S:\COUNCIL\CI Sess\Admins\OB-09\07-16-O8.PotLit-Cl.doc A O ~r S U ~ ~ a ~~~~.s ADMINISTRATIVE REPORT MEETING DATE: July 16, 2008 AGENDA SECTION: Closed Session ITEM: ~ , ~, . TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: June 26, 2008 APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY /~ CITY MANAGER ,t°,S SUBJECT: Conference with Legal Counsel -Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Two cases). • City of Bakersfield v. North Kern Water Storage District, et al. Kern County Superior Court Case No. S-1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 • John M. Tarabino, et al. v. City of Bakersfield, et al. Kern County Superior Court Case No. S-1500-CV-257620-SPC VG:Isc S:\COUNCIL\CI SessWdmins\OB-09V-16-08ExistLit.doc BAKE ~ O~`~coeroe~r~~iS` d ~w~L~ `'9~iFO ADMINISTRATIVE REPORT MEETING DATE: July 16, 2008 AGENDA SECTION: Closed Session ITEM: , d , T0: FROM: DATE: SUBJECT Honorable Mayor and City Council Virginia Gennaro, City Attorney July 2, 2008 CITY MANAGER ,~S Conference with Labor Negotiator pursuant to Government Code section 54957.6. APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY ~~ VG:Isc S:\COUNCIL\CI SesslAdmins\OS-0917-16-08LaborNeg.doc BA E o~~,w,~.~,~Rs ~ ~ ~~ U ADMINISTRATIVE REPORT c ~'' LIFO MEETING DATE: July 16, 2008 AGENDA SECTION: Presentations ITEM: G~ , Q, , TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: July 1, 2008 AP OVED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER ~S SUBJECT: Presentation by Mayor Hall of Proclamation to Jesse Stephenson, Joe DeLeon Rucker and Wilma Rucker Davis, honoring the 61St Anniversary of Rucker's Mortuary. RECOMMENDATION: BACKGROUND: ndw July 1, 2008, 1:44PM V:\MAYORWDMIN\2008\Rucker's Mortuary.dot BAKE O~ wwso.,: S ~ ~ ADMINISTRATIVE REPORT L FO MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ , q, . TO: Honorable Mayor and City Council FROM: Pamela McCarthy, City Clerk DATE: July 9, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of minutes of the June 9, 2008 Budget Presentation Meeting and June 25, 2008 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: la • b - r TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: July 3, 2008 CITY ATTORNEY p~ CITY MANAGER ~W SUBJECT: Approval of department payments from June 13, 2008 to July 3, 2008 in the amount of $20,785,860.25 and Self Insurance payments from June 13, 2008 to July 3, 2008 in the amount of $437,005.06. RECOMMENDATION: Staff recommends approval of payments totaling $21,222,865.31. BACKGROUND: RAR July 3, 2008, 1:18PM S: \Richa rd W dmi n W DM I N-AP. doc A O~ w ~ ~ ° ADMINISTRATIVE REPORT ~ ~.. ~., LI MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: (oZ • C TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: June 27, 2008 CITY MANAGER SUBJECT: First Reading of Ordinance Relating to Use of Amplified Sound by Ice Cream Vendors RECOMMENDATION: Staff recommends First Reading of the proposed ordinance. BACKGROUND: In response to a citizen complaint, Councilmember Scrivner requested staff prepare an ordinance clarifying the regulations concerning the use of amplified sound by ice cream vendors. Staff prepared an ordinance for the June 16'h meeting of the Legislation and Litigation committee specifying limits on amplified sound of between 8:00 a.m. to one hour before sunset Monday through Saturday, and 10:00 a.m. to 5:00 p.m. on Sundays. Committee members raised concerns about the difficulty of enforcing a law without specific time limits, and it was suggested that the ordinance should account for the longer hours of daylight during the peak summer season. Staff prepared the attached ordinance reflecting the directions of the committee majority (with Councilmember Sullivan abstaining) that amplified sound may only be used from: • 9:00 a.m. to 5:00 p.m. on Sundays • 8:00 a.m. to 8:30 p.m. from May 1st through September, Monday through Saturday • 9:00 a.m. to 5:00 p.m. from October 1st through April on Mondays through Saturday. VG:JB:Isc APPROVED DEPARTMENT HEAD y~ CITY ATTORNEY `' Q~ June 25, 2008, 11:42AM S:\COUNCI~Wdmins\OB-09 Admins\IceCreamVendors.Hours.doc A ~~, u, '~S ADMINISTRATIVE REPORT c ~ '' CIF MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ~~' DATE: June 27, 2008 CITY ATTORNEY~~ CITY MANAGER ~s5 SUBJECT: First Reading of Ordinance amending Bakersfield Municipal Code ("BMC") Chapter 2.62, Sections 2.62.020 and 2.62.030, relating to Keep Bakersfield Beautiful Committee. RECOMMENDATION: Staff recommends First Reading of all proposed ordinance revisions. BACKGROUND: On April 29, 2008, Mayor Hall made a referral to the Legislative and Litigation Committee requesting that the Committee consider revising the Bakersfield Municipal Code to add the appointment of alternate committee members to the Keep Bakersfield Beautiful Committee (KBBC). Specifically, Mayor Hall requested that the Committee consider the following three revisions to the code: 1) to allow each Councilmember and the Mayor to appoint one alternate member to KBBC; 2) to allow said alternate committee members to vote in place of their corresponding appointed committee members; and 3) to reflect the term limit of an alternate to be the same as that of the committee member's appointment terms. Staff prepared ared-line strike-out version of the current ordinance accomplishing the three items that Mayor Hall suggested as part of his referral at the regular June 16'h meeting of the Legislation and Litigation Committee. During the meeting, the Committee discussed when the terms of KBBC members (both sitting and alternates) should expire. Councilmember Couch raised concerns about keeping qualified people on the KBBC should their nominating Councilmember leave mid term. Councilmember Couch opined that the term of a KBBC member should continue until the term of the nominating Councilmember finished. The Committee unanimously agreed and directed the City Attorney to clarify that portion of the ordinance for first reading. VG/JB:Isc June 25, 2008, 1:23PM S:\COUNCILWdminsWB-09 Admins\KBBamendChap2.62.doc ~ ~ A DMINISTRATIVE REPORT c ~,. IF MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM NO: (~ , e . TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~- DATE: June 30, 2008 CITY ATTORNEY CITY MANAGER S SUBJECT: First reading of an ordinance adding Sections 17.04.022, 17.04.132, 17.04.168, 17.04.281, 17.04.281.5,17.04.493,17.04.493.5,17.04.606, and 17.04.624 to Chapter 17.04, and amending Chapter 17.58 of the Bakersfield Municipal Code related to parking standards and requirements. (All wards) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The Planning Commission unanimously approved forwarding this ordinance to the City Council for adoption at their meeting of June 5, 2008. On December 12, 2007, the Development Services Director conducted a workshop concerning implementation of sustainable development measures to the City Council that included mixed-use development, walkability, and urban form design. As part of that presentation, specific issues related to amending the Citys parking regulations were noted. The parking issues were refen'ed to the Council's Legislative and Litigation Committee for further discussion. At their February 8, 2008 meeting, staff provided an overview of the existing parking regulations and identified a number of issues for consideration by the Committee. The Committee directed staff to pursue incorporating stafFs recommendations into a proposed ordinance amendment, and forward them to the Planning Commission to hold a public hearing for consideration and approval. Proposed Orclinance Amendments: The citys current parking regulations were last comprehensively reviewed in 1990. Since that time, staff has not only identified items that need to be addressed to reflect current trends, but also examined how much parking is necessary for specific uses and identified opportunities to increase flexibility in application of the standards. The proposed changes clarify a number of functional details but also look at ways to use land more efficientiyvrithout compromising parking resources and adversely impacting businesses or public safety. The major changes to the ordinance are summarized below: A purpose section was added to clarify the intent of the chapter and basis for the regulations. Parking definitions were moved to Chapter 17.04 of the Zoning Ordinance, Definitions. Staff has over time been moving all definitions into this chapterfor easier reference. r~na so. zoos. g:ol,vu S:IDanaVIDMINSl20081Ju/yV-16- Parking OrdMance 1.doc ADMINISTRATIVE REPORT page 2 • The definitions of "gross" floor area and "conditioned" floor area were amended making it clear that gross covers the entire building area whereas conditioned covers those areas not heated such as stair wells, elevator shafts, mechanical rooms, etc. • Included provisions for motorcycle parking (allows areas too small for conventional parking stalls to be used for motorcycles). • Clearly set forth how parking is calculated for uses with legal non-conforming parking. • Allow a 10% reduction of parking if within walking distance of a transit facility. Walking distance is generally defined as how far an average person can walk in 5 minutes, which is between 1,000 feet and'/ mile. Our regulations already reference 1,000-feet so this distance is used. • Restrict use of parking lots for storing and selling merchandise. • Require parking lots to be partially screened from streets if they have more than 10 stalls along a street (this standard is already in place in the Riveriakes Specific Plan area). • Encourage shared parking for mixed-use projects; use the citys share parking model for mixed- useand large retail projects. • Grant parking credit along local street frontages, where such parking is allowed (parking along collector streets will be at the discretion of the Traffic Engineer). • Allow single family and small multiple family projects of 2 to 4 units use of tandem parking. • Provide low income projects the ability to reduce parking by 25%. • Establish a maximum parking level that will lessen the likelihood of creating large areas of unused (or unneeded) parking areas, which will also reduce the heat island effect. • Reduce parking requirements in the "Central District" (downtown) and properties zoned C-C and C-B (mixed-use zones) by 50% for all uses. This reduction currently applies to some uses such as offices and restaurants but not to retail. Since the city is promoting mixed use development where people may live, work, and/or visit multiple businesses, this reduction should apply for all uses within those defined areas. These areas will also have the highest transit use, which will lessen demand for vehicle parking. Staff compared the citys cun'ent parking ratios with other similar sized cities and Kem County, and also visited projects with uses where proposed changes are recommended. Some of the ratios are currently much higher than these other jurisdictions (eg. medical uses are 1'/z times above what many other cities require). As a result, adjustments are being proposed based on actual conditions and average ratios in use by other communities. Additionally, staff has proposed new use ratios where parking was previously established by policy. This project has been found to be exempt from the provisions of the Califomia Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the general rule of CEQA in accordance with Section 15061 (b) (3), it can be seen with certainty that there is no possibility that adoption of the proposed ordinance will have a significant affect on the environment. Since it affects properties citywide, public notice for the proposed project and environmental determination was provided by a 1/8th page display advertisement in the Bakersfield Californian and posted on the bulletin board in the City of Bakersfield Development Services Building; 1715 Chester Avenue; Bakersfield, Califomia. Notice and a copy of the draft amendments was also sent to approximately 30 building industry developers, architects, and engineers, including the Kem Home Builders Association (HBA). June 30, 2008, 8:01AM S:IDeneWDMINS12008Vu1y17-18-PerkingOrdinance 1.doc ADMINISTRATIVE REPORT Conclusion: page 3 It has been over 15 years since staff has taken a comprehensive look at the parking regulations. Although parking is an important component of any development, it is necessary to periodically review requirements to ensure that a balance is maintained between demand and minimum standards so that land is efficiently utilized. That balance also needs to recognize such factors as impacts to adjacent uses, traffic circulation, public safety, and the environment. For example, having too much parking space further contributes to the "heat island" effect; not enough parking results in patrons using neighboring parking lots or blocking street traffic with illegal parking (ie. double-parking). With recent efforts to encourage walkability, mixed-use development and more efficient use of resources, the proposed changes recognize increased application of the citys share parking model, use of street and tandem parking (where available), and proximity to transit. A number of other recommendations are items that staff has identified over the years through working with the ordinance that will improve clarity and functionality in applying the standards. Overall, the proposed changes are an improvement to the regulations and staff recommends adoption of the orclinance. June 30, 2008, 8:01AM S:IDanalAOMINSI?0081Ju1y17-16-ParkingOrdinance 1.doc coVOO~ ti ~ ADMINISTRATIVE REPORT C ~ur+L~ ALIF MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: ( ,~. TO: Honorable Mayor and City Council /~ APPRvO~VED FROM: Pamela A. McCarthy, City Clerl~~ DEPARTMENT HEAO..A,~c_ ~ HT DATE: July 2, 2008 CITY ATTORNEY CITY MANAGER ,eS SUBJECT: Resolution accepting the City Clerk's Certification and declaring the results of the Primary Municipal Election for the election of Mayor held in the City of Bakersfield on June 3, 2008. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: This resolution is required to accept the City Clerk's Certification of the Canvass of Results of the Primary Municipal Election held June 3, 2008 as certified by the Kern County Clerk, declaring the following person elected to the Office of Mayor for a full four-year term, commencing January 2, 2009 and expiring January 2013. Mayor: Harvey L. Hall rg July 2, 2008, 4:31 PM S:\Etection\ADMIN RPTS\2008Wdmin Declaring Results Mayor.dot ~' ~ ADMINISTRATIVE REPORT MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: (a , , TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE May 7, 2008 APPROVED DEPARTMENT HEAD /t/5 CITY ATTORNEY CITY MANAGER ,LS SUBJECT: A Resolution of the City Council approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to the sections 34090 et seq. Of the government code of the State of California -Finance Department. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution authorizes the finance department to destroy obsolete records and reports that are more than fide (5) years old and have been approved for destruction by the City Attorney's office. The records to be destroyed are listed on Exhibit A of the Resolution. S:WdminViecords DeshuctionWdmin Report.doc MEETING DATE:.July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ ~ , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services Director June 26, 2008 Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City ident~ed as: Annexation No. 575 consisting of 21.20 acres, located at the southeast corner of Gosford Road and Taft Highway. (Ward 6) 2. Annexation No. 592 consisting of 0.37 acres, located at the southwest corner of Harris Road and Akers Road. (Ward 7) 3. Annexation No. 600 consisting of 152.74 acres located on the east and west side of South H Street, generally west of Monitor Street and north of Taft Highway. (Ward 7) APPROVED DEPARTMENT HEAD ~/ CITY ATTORNEY CITY MANAGER S RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The resolutions of application propose proceedings for annexation of uninhabited territory to the City of Bakersfield identified as Annexation No. 575 consisting of 21.20 acres, located at the southeast comer of Gosford Road and Taft Highway, Annexation No. 592 consisting of 0.37 acres, located at the southwest corner of Harris Road and Akers Road and Annexation No. 600 consisting of 152.74 acres located on the east and west side of South H Street, generally west of Monitor Street and north of Taft Highway. These annexations are adjacent to the City limits and are within the City's Sphere of Influence boundary. Annexation No. 592 consists of is a single family residence. The property owner is requesting annexation to receive city services. Annexations Nos. 575 and 600 consists of undeveloped land. The property owners have consented to annexation. The proposals are to annex the land for the development to receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kem. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." A O~ ~o u,,~R U p ~` "~ ADMINISTRATIVE REPORT c ~t'' qLl o MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: la. I. TO: Honorable Mayor and City Council FROM: Florn Core, Water Resources Manager DATE: July 3, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S SUBJECT: Resolution of the Council of the City of Bakersfield approving the application for grant funds for a local levee evaluation project under Proposition 84. (Wards 2, 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: In November 2006, California voters passed the Local Levee Assistance Program to make funds available statewide to reimburse local public agencies for up to 50% of the cost for critical repairs and evaluations of local levees. The California Legislature authorized an appropriation of $60 million for the program in fiscal year 2007-08 and may appropriate an additional $30 million in fiscal year 2008-09. The agencies selected for funding under this State Levee Program will be made on a competitive process. The Department of Homeland Security's Federal Emergency Management Agency (FEMA) is currently in the process of producing a countywide flood insurance report and Digital Flood Insurance Rate Maps (DFIRM) for Kem County, California. As part of this process FEMA determined that sections of the Kern River Levee system through Bakersfield require documentation to show these levees meet the criteria of the Code of Federal Regulations, Title 65.10 (44 CFR 65.10). Without this documentation, these areas previously accredited with providing flood protection from the flood that has a 1-percent-chance of being equaled or exceeded in any given year would lose this designation. To confirm and maintain this accreditation the City entered into the Provisionally Accredited Levee Program (PAL). Under this program the City has until July 22, 2009 to provide required documentation to FEMA. On March 26, 2008, the City Council approved Amendment No.1 to Agreement No. WR 07-011 authorizing Meyer Civil Engineering to complete the initial phase of a field investigation and engineering analysis to meet the requirements outlined in the PAL Program. Under the State's new Local Levee Grant Program the City could receive $341,550 or up to 50 % of the total costs ($683,102) to offset part of the cost to complete the Kern River Levee evaluation in accordance with FEMA regulations. S:\2008 ADMIN REPORTS\ResolutionLocalLeveeGrantProgram.doc BA OF,y~owo+v S ADMINISTRATIVE REPORT LIFO MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ ~ , ' , TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: July 8, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~ ~~~ CITY MANAGER l~-~ SUBJECT: Resolution of Intention No. 1603 to add territory, Area 4-85 (Tract 6850) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. (Ward 3) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. PW Subdivisions (ps) Created on 7/7/2008 11:27:00 AM G:\GROUPDAT\ADMINRPT\2008\07-16\ROI AdminReport.doc A oFy~owe~, Rs ADMINI TRATIV S E REPORT c ~ '' IFO MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: l a.. K . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director June 25, 2008 APPROVED DEPARTMENT HEAD ~~'~l CITY ATTORNEY CITY MANAGER ~.S Rosedale Highway Widening Proiect (TRIP) (Wards 2 and 4) Cooperative Agreement with the State of California Department of Transportation to widen Rosedale Highway between State Route 99 and State Route 43. (Wards 2 and 4) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Rosedale Highway Widening Project is part of the Thomas Roads Improvement Program (TRIP). The State of California Department of Transportation (Caltrans) and the City of Bakersfield have been working together on the Rosedale Highway Widening Project. This cooperative agreement outlines the responsibilities of both the City and Caltrans regarding development of the project and is necessary to complete the Environmental Document for the project. June 25, 2008, 1:56PM Tdw:G:\GROUPDATWDMINRPT\2008\07-16\Rosedale Highway Cooperative Agr.doc AKt~ ~ cavoi4~'rs ADMINISTRATIVE REPORT c t® LIFO MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: (02, . ( , TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: July 8, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~~ CITY MANAGER ~S SUBJECT: Amendment No. 1 to Cooperative Agreement No. 05-375 with the State of California Department of Transportation (District Agreement No. 06-1305) for the 24th Street (State Route 178) and Oak Street Interchange Project. (TRIP) (Ward 2) RECOMMENDATION: Staff recommends approval of the amended agreement. BACKGROUND: The 24th Street (State Route (SR) 178) and Oak Street Interchange Project is part of the Thomas Roads Improvement Program (TRIP). The State of California Department of Transportation (Caltrans) and the City of Bakersfield entered into Cooperative Agreement No. 05-375 on November 9, 2005 to define responsibilities for the 24th Street (SR 178) and Oak Street Interchange Project. This portion of SR 178 was included in Assembly Bill 1858 which provided for the relinquishment of this portion of the highway from Caltrans to City. This relinquishment is currently being processed. This Amended Cooperative Agreement will transfer the California Environmental Quality Act (CEQA) lead agency status from Caltrans to the City of Bakersfield consistent with the proposed relinquishment. In addition, the amended agreement will transfer the National Environmental Policy Act (NEPA) oversight from the Federal Highways Administration (FHWA) to Caltrans as provided for in the Federal Highways SAFETEA-LU Legislation. July 8, 2008, 1:31 PM Tdw:G:\GROUPDATIADMINRPT\2008\07-16\Oak and 24th Interchange Cooperative Agr05-375.doc MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: (~ , rn , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services Director June 30, 2008 APPROVED DEPARTMENT HEAD_,~ CITY ATTORNEY CITY MANAGER Amendment to agreement and appropriation of funds for Environmental Impact Report for General Plan Amendment/ Zone Change No. 03-0337 (The Canyons) (Ward 3) 1. Amendment No. 3 to Agreement No. 03-215 with Michael Brandman and Associates, ($183,905.00) for preparation of an Environmental Impact Report. 2. Appropriate $183,905.00 (developers' contribution) to the Development Services operating budget in the General Fund for the EIR consultant. RECOMMENDATION: Staff recommends approval of amendment to the agreement and appropriation of funds. BACKGROUND: This additional amount of $183,905.00 for the EIR consultant has been deposited by the applicant, General Holdings. This additional amount brings the total contract amount with Michael Brandman and Associates, the EIR consultant, to $480,262.00. No City funding is required for this contract. As with all EIRs, the funds to pay the consultant costs and staffs time and materials to process the EIR come from the project applicant. At this time, funds are adequate to cover current City administrative costs. Additional funds are needed due to the increasing complexity of the preparation of the EIR, including the number and extensive responses to public comments that must be prepared, as well as recirculation of the EIR. The proposed project consists of amendment to the Land Use and Circulation Elements of the General Plan, amendment of the Northeast Bakersfield Specific Parks and Trails Plan, rezoning, and subdivisions for mixed-uses including 1280 single and 120 multiple family residential, 8 acres of commercial, 28 acres semi-public recreational areas, 13 useable acres for public parks, trails, and open space on 890 acres. The Project site is located within the northeast portion of the City of Bakersfield, California. The Project site is generally located south of Hart Park and Alfred Harrell Highway. Deng I S:\03-0337 Canyons\agree2007-08\augmtDuly 08\adm rept amend agmnt.doc June 30, 2008 MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: la, . ~ TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: June 23, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S SUBJECT: Assignments of Agreements to acquire property for a water well in exchange for the waiver of water availability fees owed to the City, from Fairway Oak South, LP, to Judkins Family Trust and Judkins Revocable Trust. (Ward 6) 1. Assignment No. 1 to Agreement No. 08-079 from Fairway Oaks South, LP to Judkins Family Trust and Judkins Revocable Trust to purchase real property for a water well site located in Tract 6167 near Pacheco and Old River Roads. 2. Assignment No. 1 to Agreement No. 08-078 from Fairway Oaks South, LP to Judkins Family Trust and Judkins Revocable Trust , to exempt Water Availablity Fees in exchange for a water well site located in Tract 6167 near Pacheco and Old River Roads. RECOMMENDATION: Staff recommends approval of Assignments. BACKGROUND: On May 21, 2008, the City of Bakersfield entered into Agreement No. 08-79 with Fairway Oaks South, LP to purchase real property for a water well site located in Tract 6167 near Pacheco and Old River Roads. On May 21, 2008, the City of Bakersfield entered into Agreement No. 08-78 with Fairway Oaks South, LP to exempt Water Availability Fees of $81,760 owed by the seller to the City in exchange for the water well property. Prior to the close of escrow, Don Judkins, General Partner, of Fairway Oaks South, LP, expressed a desire to sell the property in the name of Judkins Family Trust and Judkins Revocable Trust. The City of Bakersfield still desires to acquire the property in order to proceed with drilling and pump testing for a future domestic water well site and staff is recommending approval of the Assignment agreements. The City will proceed with constructing the water well upon closing escrow. ~ B A ER ~,,OPPORAlp~ S~ ADMINISTRATIVE REPORT c ~t"" LIFO MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: , p . TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: June 25, 2008 APPROVED DEPARTMENT HEAD I~ B-v~ CITY ATTORNEY CITY MANAGER ,r?.S SUBJECT: Amendment No. 2 to Agreement No. 05-348 with Dresser Services Inc for asbestos surveys (no change in compensation amount) to extend Agreement's term by three months to September 30, 2008. RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: On October 12, 2005, the Council approved Agreement No. 05-348 with Dresser Services to perform asbestos surveys for the period ending June 30, 2008 with snot-to-exceed compensation clause of $50,000. At the November 28, 2007, Council meeting, this Agreement was amended to increase the total compensation by $15,000 which revised the not to exceed amount to $65,000. The increase was needed because of the need for additional services. The proposed Amendment No. 2 will extend the agreement's term by three months to September 30, 2008. This will provide Design Engineering staff sufficient time to solicit new "Request for Qualifications and Fee Proposals" for asbestos surveys for the term ending June 30, 2011. Asbestos surveys are funded by individual demolition or abatement projects. wgm June 25, 2008, 8:44AM G:\GROUPDATWDMINRPTWDMINFORM.doc G:\GROUPDAT\ADMINRPT\2008\07-16\Dresser Services Amendment No. 2 to Agreement No. 05-348.doc MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ o~ . . TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: July 2, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~P,S SUBJECT: Annual Contracts for Auctioneer Services. (Citywide) 1. Amendment No. 1 to Agreement No. 07-228 with Tri-State Auction Systems, Incorporated extending the term to July 17, 2009 for the annual contract -auctioneer services. 2. Amendment No. 1 to Agreement No. 07-229 with Quality Team, Incorporated extending the term to July 17, 2009 for the annual contract -auctioneer services. RECOMMENDATION: Staff recommends approval of amendments to the Agreements. BACKGROUND: On July 18, 2007, Council awarded the Annual Contracts for auctioneer services to Tri- State Auction Systems, Incorporated and Quality Team, Incorporated. The Agreement allows for four (4) consecutive one-year extensions of agreement, if all parties agree. Tri-State Auction Systems, Incorporated's agreement does not charge the City a commission on the sale of City surplus personal property and equipment; instead, they collect a buyer premium from the purchaser for each sale. Quality Team, Incorporated's agreement charges the City commission amounting to twenty-five percent of the sales price for selling the City's surplus computers and related equipment only. City staff and Tri-State Auction Systems, Incorporated and Quality Team, Incorporated agree to the extension of Agreements under the same terms and conditions. Extending the Agreements ensures a reliable and continuing source for the sale of City surplus personal property and equipment. Purchasing Division S:~PURCHWDMIMAmendmentslAmendment #1 to Agreements 07-228 and 07-229, Tri State Auction 8 Quality Team, July 16, 2008.doc July 2, 2008, 2:43PM MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: July 2, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 06-219 with Ameripride Uniform Services extending the term for one (1) year for the Annual Contract for Industrial Laundry Services. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On July 19, 2006, Council awarded the Annual Contract for Industrial Laundry Services to Ameripride Uniform Services, Bakersfield for a one (1) year period renewable annually thereafter for six (6) consecutive one-year periods. On July 18, 2007, Council executed Amendment No. 1 extending the agreement for one (1) year. The Agreement allows for a one (1) year extension if all parties agree. City staff and Ameripride Uniform Services agree to the extension of Agreement under the same terms and conditions. Extending the Agreement allows the City to continue working with a good provider and saves staff time and efforts required if this item were to be re-bid. Purchasing Division S:~PURCHWDMIN~AmendmentsWmendment #2 to Agreement 08-219, Ameripride Uniform Services, AC Industrial Laundry Services, July 16, 2008.doc July 2, 2008, 3:48PM A ADMINISTRATIVE REPORT r MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ , r, TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: July 2, 2008 APPROVED DEPARTMENT HEAD .~~ CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 3 to Agreement No. 06-220 with Kern Sprinkler Landscaping, Incorporated extending term for one year for the annual contract for irrigation and landscaping services. Citywide RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On July 19, 2006, Council awarded the annual contract for irrigation and landscaping services to Kem Sprinkler Landscaping, Incorporated. Amendment No. 1 was executed on June 20, 2007 adding $175,000.to the contract and extending the Agreement for one year. On March 26, 2008, Council executed Amendment No. 2 adding $600,000 to the Agreement for services relating to the Mill Creek project and the AERA Baseball Park project. Amendment No. 3 is extending the agreement to July 18, 2009 to allow the Contractor time to complete work in progress. Purchasing Division S:IPURCHIADMINWmendmentsWmendment #3 to Agreement 08-220, Kem Sprinkler, July 16, 2008.doc July 2, 2008, 4:15PM A O~ ~.pvvouh RiS ~ ~ ° ADMINISTRATIVE REPORT ~ ~t~ LIFO MEETING DATE: July 16,2008 AGENDA SECTION: Consent Calendar ITEM: 0~!..S . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director July 2, 2008 CITY MANAGER ,~S Pavement Reconstruction: Federal Fiscal Year 2006-2007 Columbus Street from Mt. Vernon Avenue to Auburn Street (Ward 3): Contract Change Order No. 1 to Agreement No. 07-348 with Granite Construction Company ($73,591.15 for a revised not to exceed amount of $1,820,009.20) for project. 2. Appropriate $65,151 Federal Surface Transportation funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $8,441 Gas Tax Fund Balance to the Public Works Department's Capital Improvement Budget as the local match for the federal appropriation within Subject Item Two. APPROVED DEPARTMENT HEAD ~~ ~'' CITY ATTORNEY RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriations. BACKGROUND: This project provides pavement reconstruction of Columbus Street from Mount Vernon Ave. to Auburn St. This change order is predominantly federally funded. During construction it was discovered that 16 lineal feet of existing curb and gutter needs to be replaced in order to prevent water from ponding in the new pavement. The contractor has agreed to remove and replace this curb and gutter for the lump sum price of $1,600. The pedestrian push button pole on the northeast corner of Mt. Vernon Ave. and Columbus St. is in conflict with the new handicap access ramps and needs to be relocated. The contractor has agreed to do this work for the lump sum price of $1,000. During construction, it was discovered that two existing manholes in Columbus St. need to be lowered in order to match the new pavement grade. The contractor has agreed to lower these manholes for the lump sum price of $7,175.82 While removing pavement on Columbus St. at Mt. Vernon Ave., three (3) abandoned steel pressure plate type signal detectors were discovered. These facilities need to be removed in order to properly construct the roadway. The contractor has agreed to do this work for the lump sum price of $3,124.93. During construction of the roadway, areas of unstable and saturated soil were found throughout the project under the existing roadbed. This unstable soil needs to be removed and replaced with more stable material in order to provide proper support for the new roadway.. The contractor has agreed to accept a G:\GROUPDAT\ADMINRPT\2008\07-16\CCO 1 Columbus Pavement Reconstruction.doc RM BA E ~y~foVUR,,)pC ll~ V C'~ ° ADMINISTRATIVE REPORT c ~,'° LIFO lump sum of $117,745.90 to both remove and dispose of the unstable soil and to place and compact stable material in the new roadway area. In order to construct the project per the plans and specifications, several contract item quantities need to be either increased of decreased. The net cost of these increases and decreases will result in a net credit of ($57,055.50) This is the first change order to be submitted for this project. This change order will increase the project total by $73,591.15 (which is an increase of 4.2% of the original contract amount) as illustrated below: • Original Contract Amount • Amended Contract Agreement after Change Orders Net Increase to date _ $1,746,418.05 _ $1,820,009.20 _ $ 73,591.15 G:\GROUPDATWDMINRPT\2008\07-16\CCO 1 Columbus Pavement Reconstruction.doc RM BA E ~ ~F~ww++~~ in ADMINISTRATIVE REPORT ~ ~`'`\ LIFO MEETING DATE: July 16,2008 AGENDA SECTION: Consent Calendar ITEM: ,-~--, TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: July 2, 2008 AP ROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ,eS SUBJECT: Contract Change Order No. 1 to Agreement No. 07-422 with Griffith Company ($53,264.52 for a revised not to exceed amount of $6,071,998.52) for the Northeast Trunk Sewer - Phase 3: Edison Highway Extension (Ward 1). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for construction of a trunk sewer line on Redbank Road from Fairfax Road to Vineland Street and on Vineland Street from Redbank Road to Edison Highway. While boring a steel casing under an existing canal and under existing railroad tracks at a depth of 25 feet, wood poles were discovered to be in conflict with the boring operation in three locations. These wood poles appear to be old bridge supports for the canal. The contractor has agreed to remove these obstructions for the lump sum price of $24,764.52. In order to enhance future maintenance of the new trunk sewer line, two additional manholes need to be installed on Redbank Road. The contractor has agreed to install these manholes at the contract item price for a total increase of $28,500.00. This is the first change order to be submitted for this project. This change order will increase the project total by $53,264.52 (which is an increase of 0.9% of the original contract amount) as illustrated below: Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date _ $6, 018, 734.00 _ $6, 071, 998.52 _ $ 53,264.52 G:\GROUPDAT\ADMINRPT\2008\07-16\CCO 1 Northeast Sewer Phase 3.doc RM MEETING DATE: July 16, 2008 AGENDA SECTION: ITEM: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: July 2, 2008 APPROVED DEPARTMENT HEAD ~'~ CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Golden State Peterbilt in the amount of $235,945.77 for one additional LNG powered four axle front-loading automated refuse truck for the Public Works Department Solid Waste Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing one (1) additional LNG powered four axle front-loading automated refuse truck to be used by the Public Works Solid Waste Division. Three bids were received in response to the solicitation. During staff review of the bid proposals one of the three bids (Central Valley Truck Center) was found to be unacceptable by Public Works staff in two specific areas. First, the bid specked that rooftop mounted air conditioning units were unacceptable due to a history of specific maintenance issues related to this design type; the bid proposal specified a rooftop mounted unit. Second, Central Valley Truck refused to adhere to the City's zero tolerance policy regarding the vendor covering any costs that might be incurred should the City have to hire a third party to make repairs to the vehicle upon delivery. The dollar bids received were as follows: BIDDER Golden State Peterbilt Bakersfield, CA Central Valley Truck Center Bakersfield, CA Bakersfield Truck Center Bakersfield, CA AMOUNT 6235,945.77 6261,794.65 (not an acceptable proposal) 6275,250.41 There is a long lead time in acquiring a vehicle of this type (9 to 10 months) and staff believes it is important to order this truck now to maintain adequate service levels over the next two years. Staff recommends award of the bid to Golden State Peterbilt, Bakersfield, California. Purchasing Division S:\PURCHWDMIN\LNG Front Loading Refuse Truck, 07-OS-95, July 16, 2008.doc A ~ ~ ~ ° ADMINISTRATIVE REPORT MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar ITEM: 11. V, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 2, 2008 CITY MANAGER ,t~S Accept base bid and award contract to Lee Crippen Demolition ($177,389.00) for the Downtown Redevelopment Demolition Project (Ward 2). RECOMMENDATION: Staff recommends acceptance of low base bid and award of contract. BACKGROUND: The Downtown Redevelopment Demolition Project consists of five (5) different sites within the Redevelopment areas of Bakersfield. Economic and Community Development Department (EDCD) planned that these five (5) locations be demolished as part of their redevelopment efforts. The five (5) locations are 830 California Avenue, 1217 S Street, 1327 S Street, 508 18'h Street, and 701 Union Avenue. At the 830 California Avenue (The Carriage Masters facility) site, the brick building on the west end of the property was proposed to be demolished within Additive Alternate No. 1. The recommendation by staff is to accept low base bid and award contract, excluding Additive Altemate No. 1. The potential developer of the re-development project is evaluating the feasibility of re-using this brick building. If that re-use is not a viable option, then the demolition of the brick building at The Carriage Masters facility will be re-bid at a later date. This project is funded by EDCD funds. The Engineer's Estimate for the base bid of the demolition project was $336,000.00. There are sufficient funds for the project. On May 30, 2008, fifteen (15) acceptable bids were received as follows: Lee Crippen Demolition 425 S. Rolinda Fresno, CA 93706 in the amount of $177,389.00 Wise Engineering, Inc. 31704 Rd 124 Visalia, CA 93291 in the amount of Bowen Engineering & Environmental 4664 S. Cedar Ave Fresno, CA 93725 in the amount of A ROVED DEPARTMENT HEAD CITY ATTORNEY $190,850.00 $198,250.00 July 2, 2008, 4:17PM G:\GROUPDATWDMINRPT\2008\07.30\Downtown Redevelopment Demo - Award.doc ADMINISTRATIVE REPORT Prime Demolition, Inc. 1317 N. Natcher PI. San Pedro, CA 90731 in the amount of $227,689.00 Valley Tree & Construction 4233 Quinn Rd. Bakersfield, CA 93308 (city) in the amount of $229,773.00 Interior Demolition, Inc. 2621 Honolulu Ave Montrose, CA 91020 in the amount of $234,014.00 Warren Duncan Contracting 2148 Glen Helen Pkwy San Berandino, CA 92407 in the amount of $237,090.00 Dirt Worx, Inc. 2730 Unicorn Ave Bakersfield, CA 93308 (city) in the amount of $250,160.00 Penhall Company 4625 District Blvd. Bakersfield, CA 93313 (city) in the amount of $257,229.00 Specialized Environmental, Inc. 12115 Rivera Rd Whittier, CA 90606 in the amount of $269,505.00 CST Environmental, Inc. 404 North Berry St. Brea, CA 92821 in the amount of $278,000.00 Kroeker, Inc. 4627 S. Chestnut Ave. Fresno, CA 93725 in the amount of $286,520.00 Concrete Cutting Unlimited, Inc. 4101 Well Tech Way Bakersfield, CA 93308 (city) in the amount of $306,000.00 Gilliam 8 Sons, Inc. 9831 Rosedale Hwy Bakersfield, CA 93312 (city) in the amount of $309,901.00 MP Environmental Services, Inc. 3400 Manor St. Bakersfield, CA 93308 (city) in the amount of $411,770.00 (tma) (LUZ 802) July 2, 2008, 4:17PM G:\GROUPDATWDMINRPT\2008\07-30\Downtown Redevelopment Demo - Award.doc BA ~ .O ° ADMINISTRATIVE REPORT MEETING DATE: July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: (oZ , W. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 2, 2008 AP ROVED DEPARTMENT HEAD ,'1 CITY ATTORNEY CITY MANAGER ,e;S Full Depth Reclamation: Federal Fiscal Year 2007/2008- Camino Media Drive from Old River Road to 200' West of Lancashire Street (Ward 5): 1. Accept bid and award contract to Maverick Asphalt, Inc ($1,525,525.00). 2. Appropriate $557,739 Federal Surface Transportation funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $72,261 Gas Tax Fund Balance to the Public Works Department's Capital Improvement Budget for the local match for the federal appropriation within Subject Item Two. RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of appropriations. BACKGROUND: This project consists of full depth reclamation and overlay of the existing roadway on Camino Media Drive from Old River Road to 200' West of Lancashire Street. This is the City's first project using the full dept reclamation (FDR) process to reconstruct the pavement. In the FDR process, the existing asphalt concrete and aggregate base are crushed and blended together. An asphalt emulsion is then added to those materials to improve the performance of that material. A new asphalt pavement is then placed over that material. The FDR process is less costly than a traditional reconstruction process. This project also includes striping, pavement markings, modification of access ramps and traffic signal detector loops. This project is predominantly funded with federal monies. Additional funds are needed to award this contract. Bids exceeded the engineer's estimate of ($1,279,000) due to escalating prices of asphalt concrete. On June 18, 2008, three acceptable bids were received as follows: Maverick Asphalt, Inc 3131 Wear Street in the amount of Bakersfield, Ca 93308 (County) ($1,525,525.00) PW/Design Engineering\NSG July 2, 2008, 2:45PM G:\GROUPDATWDMINRPT\2008\07-16\Full Depth Reclamation/T8K149.doc ADMINISTRATIVE REPORT Granite Construction Company 585 W. Beach Street Watsonville, Ca 95076 (Out of Town) Griffith Company 1898 South Union Avenue Bakersfield, Ca 93307 (City) in the amount of in the amount of ($1,594,257.00) ($1,680,476.26) PW/Design Engineering\NSG July 2, 2008, 2:45PM G:\GROUPDATWDMINRPT\2008\07-16\Full Depth ReGamation/T8K149.doc AK ~F ~a~~~r~~s U d ADMINISTRATIVE REPORT ~ ~ti~ L! p MEETING DATE July 16, 2008 AGENDA SECTION: Consent Calendar ITEM: la , X TO: Honorable Mayor and City Council FROM: Florn Core, Water Resources Manager DATE: July 2, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ,e,S SUBJECT: Accept bid and award contract to Floyd Johnston Construction Company, in the amount of $531,914 for installation of 2,630 feet of 18" water pipeline along Coffee Road between Granite Falls Way and Meany Avenue (Wards 2,3 & 4 ). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This 18" water pipeline will connect to the City's distribution network at Granite Falls Way and tie-in to the Kern County Water Agency distribution pipeline at Meany Avenue. This project will allow the City to receive 6,500 acre feet of treated water annually and reduce the amount of groundwater pumping in the area. 5 acceptable bids were received on June 5th, 2008 for this project, as follows: Floyd Johnston Construction Company 2301 Herndon Ave. Clovis, CA 93611 (Out of county) ..................................................... in the amount of: $531,914.00 Kern Pacific Construction Company 4001 Patton Way Bakersfield, CA 93308 .................................................................... in the amount of: $533,406.50 Nicholas Construction Inc. 1975 Airport Drive Bakersfield, CA 93308 ..................................................................... in the amount of: $592,934.00 Concastco 4808 Stine Road, Suite D Bakersfield, CA 93313 ................................................................... in the amount of: $594,091.50 Southern California Pipeline 15991 Red Hill Avenue #200 Tustin, CA 92780 (Out of county) ................................................... in the amount of: $693,345.00 S:\2008 ADMIN REPORTS\admin07162008FIoydJohnston.doc BA Q~ ~,ouoe~T~ ~ ~ ADMINISTRATIVE REPORT C' "`w~ ~ q~IFO MEETING DATE: July 16, 2008 AGENDA SECTION: Reports ITEM: 15 . a . TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: July 7, 2008 CITY ATTORNEY CITY MANAGER /T, SUBJECT: Report on the City of Bakersfield Website RECOMMENDATION: BACKGROUND: Information Technology Director, Bob Trammell, will present an update on the features available on the City's Internet website. July 7, 2008, 9:39AM CityWebsiteUpdate AT:RS BAKE of ~~owo.,~ R ti ~ ~~ ADMINISTRATIVE REPORT cy"~L'° MEETING DATE: July 16, 2008 AGENDA SECTION: Report ITEM: . b . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks July 7, 2008 APPROVED DEPARTMENT HEAD Zi CITY ATTORNEY CITY MANAGER ~.S Report regarding Analysis of Park Fees and Mesa Marin Sports Complex (all Wards) RECOMMENDATION: Staff recommends receiving and commenting on the report. BACKGROUND: The Park Provision Program is guided by Bakersfield Municipal Code Chapters 15.80 and 15.82 which authorize the collection of fees for the acquisition and development of City Parks. Park acquisition and development fees are implemented through the park provision program which includes the following procedures: • Site master planning • Land acquisition • Park improvements • Long term maintenance Site master planning is guided by the Bakersfield General Plan which includes the following definitions of parks: Mini-Parks • Mini-parks function as small neighborhood parks in residentially developed areas where neighborhood standards are not met. The minimum size standard for public mini-parks is 2.5 usable acres. Neighborhood Parks • Neighborhood parks provide both active and passive recreational activities for surrounding residential development. The minimum site size standard for neighborhood parks is 10.0 usable acres. The service area covers the neighborhoods within three quarters (3/4) of a mile of the park site. • The 2007 City Council goal of supplying one spray park in every four square miles of development will generally be met in this type of park. July 9, 2008, 3:55PM:saf S:\ADMINISTRATION DIVISIONWdmin Rpts\2007 Admins\Park Planning July 16 08.doc ADMINISTRATIVE REPORT Page 2 Community Parks • Community parks provide a wide range of recreational opportunities. The park would typically have a service area of a 3 to 5 mile walking radius. The minimum size standard for community parks is 20 usable acres. Regional Parks • Regional parks serve the population of a large region -usually within an hour travel time. Regional parks may range in size from 20 acres to 1,000 acres or more The land acquisition fee is guided by Chapter 15.80 of the Bakersfield Municipal Code which requires all new residential development to provide 2.5 acres of park land per 1000 population. The requirement can be met as follows: • Land dedication • In-lieu fee The city also has the authority to reserve land for future acquisition. The park improvement fee was adopted by City council on October 17, 1990 by Resolution number 140- 90. The fee was for the development and improvement of parks within the City of Bakersfield. The original fee ranged from $420 per unit for mobile homes to $610 per unit for one family dwelling. The fee has been adjusted annually to reflect construction and inflation to its current level of $1615 per dwelling unit. Funds are deposited into four geographic zones and are expended in those same zones for park improvements. Development agreements are often created to acquire park land or construct park improvements under contract with a private company. A number of these agreements exist and are in different phases of implementation. Long term maintenance is funded by the following accounts; • General Fund • Maintenance District Fees Maintenance district fees are assessed for parks and streetscapes. Fees are adjusted annually and collected on the property tax roles. Mesa Marin Sports Complex -Located on Highway 178 just west of Kern Canyon Road, the 20 acre site has been mostly cleared of the old improvements. The construction plan development phase of the project is underway. Phase 1 construction is slated to begin this fall and completed on time for play in summer 2009. Phase 1 improvements will include a parking lot, four softball diamonds, central support building with restrooms, concession area and astorage/mechanical room. Phase 1 of the project was funded with $3,279,560 in the capital improvement program. The funding includes $1,650,000 from the Proposition 40 grant, $629,560 from Zone 3 Park Improvement funds and $1,000,000 of Capital Outlay funds. The presentation will provide information on proposed parks in alt wards. July 9, 2008, 3:55PM:saf S:WDMINISTRATION DIVISION\Admin Rpts\2007 Admins\Park Planning July 16 OB.doc MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JUNE 9, 2008 City Council Chambers 1501 Truxtun Avenue Department Budget Presentation Meeting - 12:00 noon BUDGET MEETING 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson Councilmembers Carson, Benham, Weir (seated at 12:05 p.m.), Couch, Sullivan (seated at 12:04 p.m.), Scrivner Absent: None. 2. DEPARTMENT BUDGET PRESENTATIONS a. City Attorney City Attorney Gennaro gave a presentation on the FY 2008-09 department budget and introduced Andrew Cadriel. Councilmember Benham suggested staff look into the feasibility of using Clifford and Brown's new Associates to assist the department. b. Recreation & Parks Department Recreation & Parks Director Hoover provided department accomplishments and the budget overview. Councilmember Weir requested staff provide an update on Mesa Marin Sports Complex; an update on park fees; and, determine what needs to take place to develop more new parks. Councilmember Couch requested updates on the adaptive recreation programs for veterans. ACTION TAKEN Councilmember Benham requested staff look into the feasibility of establishing a life trails system of wellness stations in parks for seniors. Bakersfield, California, June 9, 2008- Page 2 2. DEPARTMENT BUDGET PRESENTATIONS continued ACTION TAKEN c. Public Works Department Public Works Director Rojas gave a presentation on the proposed department budget. Mr. Rojas introduced Mike Connor and Brian Jackson. Mr. Jackson brought back the U.S. and Bakersfield flags flown in Iraq, which will be displayed in the Streets Division. Arnold Ramming, Engineer, made a presentation regarding the FY2008/09 Capital Improvement Program. d. Economic/Community Development Department Economic Development Director Kunz made comments regarding the department's FY2008/09 proposed budget, followed by budget presentations by Assistant Economic Development Director Barnard, and Convention & Visitor's Bureau Manager Cohen. 3. PUBLIC STATEMENTS None. 4. ADJOURNMENT Meeting was adjourned by Mayor Hall at 2:19 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 25, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Sullivan, Scrivner Absent: Councilmember Couch 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 (One case). 1. City v. North Kern Water Storage District, et al Kern County Superior Court Case No. S-1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 c. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED Session at 5:17 p.m. ABS COUCH Motion by Councilmember Weir to adjourn from Closed APPROVED Session at 6:14 p.m. ABS COUCH Bakersfield, California, June 25, 2008 -Page 2 RECONVENED MEETING approximately 6:38 p.m. ACTION TAKEN 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch (seated at 7:12 p.m.), Sullivan, Scrivner Absent: None. 6. INVOCATION by Reverend Paul Hocker. 7. PLEDGE OF ALLEGIANCE by Eden Helston, 2nd grade student at Stockdale Christian. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 (One case). 1. City v. North Kern Water Storage District, et STAFF GIVEN al Kern County Superior Court Case No. DIRECTION S-1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 b. Conference with Labor Negotiator pursuant to NO REPORTABLE Government Code Section 54957.6 ACTION c. Conference with Legal Counsel -Potential NO REPORTABLE Litigation; Closed Session pursuant to ACTION subdivision (b)(1)(3)(A) of Government Code Section 54956.9 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Dianne Hoover, Recreation and Parks Director, City of Bakersfield, proclaiming July, 2008 as "Recreation and Parks Month". Dianne Hoover accepted the Proclamation, made comments and provided written material. Mayor Hall announced that members of the Accreditation Team from the National Recreation and Parks Association is in Bakersfield to evaluate the City's Recreation and Parks Department, and introduced the Team members: Bert Neil fro Louisiana, Beth Zeidman, from Maryland, and Jim Pryor, Team Leader, from North Carolina. Bakersfield, California, June 25, 2008 -Page 3 9. PRESENTATIONS continued ACTION TAKEN Item 9.a. continued Mr. Neal spoke and commended the Bakersfield Recreation and Parks Department and its facilities. b. Presentation by Mayor Hall of Certificates to Number 1 ranked graduates in the Kern High School District. Mayor Hall was joined by Councilmember Sullivan for this presentation, and recognized the following students and presented them with certificates: ^ Estephani Garcia -Arvin High School ^ Brandt Champion, Aaron Dobie, Melissa Morris, Kari Storslett, Miles Van Kopp - Bakersfield High School ^ Courtney Nicholas (not present) - Centennial High School ^ Sebastien Bauge -East Bakersfield High School ^ Geoffrey Becker, David Heisler, Alexandra Jones (not present), Ariana Quinonez (not present), Jessica Santillan, Sarah Schale (not present) -Foothill High School ^ Gabriel Guimte, Christian Perez -Golden Valley High School ^ Joshua Chamberlain, Austin Stapley - Highland High School ^ Rachel Beckham -Kern Valley High School ^ West Cohan (not present), James Creech, Paul Drazin, Kelly Gerhold (not present), Sydney Jackopin (not present), Jacob Johnston, Peter Kelly (not present), Erik Pennell, Rachel Smith (not present), Alan Tubbs (not present), Andrew Tubbs (not present), Lauren Waggoner, John Watson (not present), Stephanie Westbrook, Eddie Zeng -Liberty High School ^ Joshua Fisher (not present), Marlena Gaugel, Anaheed Heydari, Sarah Higgins, Nicholas Orton -North High School ^ Ryan Raynes (not present) - Ridgeview High School ^ Laura Arnold (not present), Katie Bloemhof, Anna Polley (not present) -Shaffer High School ^ Jesus Rodriguez (not present) -South High School Bakersfield, California, June 25, 2008 -Page 4 9. PRESENTATIONS continued ACTION TAKEN Item 9. b. continued Kseniya Astakhova, Brant Bonetti (not present), Melissa Couch, Brianna Curtis, Jennifer Hamilton (not present), Justin Koh (not present), Carolyn Oran, Shreyas Srinivas, Laura Stearns (not present), Bhavana Venkataram - Stockdale High School Tesfatsion Habebo -West High School Recess taken from 7:01 p.m. to 7:07 p.m. 10. PUBLIC STATEMENTS a. Greg Bell spoke regarding the crime problem in Bakersfield. Mayor Hall responded to Mr. Bell's comments and encouraged him to take advantage of the City's Neighborhood Watch Program. Vice-Mayor Hanson suggested Mr. Bell speak to Assistant Chief Lynn. b. Audrey Chavez thanked Mayor Hall and the City Council for the "AIDS Compassion Week" Proclamation and provided a video and ribbons. c. Stephany Bradley spoke regarding the Bakersfield AIDS Project and AIDS Compassion Week activities 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 11, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from May 30, AB WEIR 2008 to June 12, 2008 in the amount of $23,631,124.19 and self-insurance payments from May 30, 2008 to June 12, 2008 in the amount of $225, 967.29. Bakersfield, California, June 25, 2008 -Page 5 12. CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. Adoption of Ordinance amending Title 17 (Zone Map No. 124-29) of the Municipal Code by changing the zoning from R-3 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) on 0.63 acre located on the east side of South Union Avenue, approximately 500 feet south of East Panama Lane (ZC 08-0102 -Mark Sandoval representing Matthew Mark and Partners, LP and RHPDB LLC). d. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-37) of the Municipal Code by changing the zoning from R-1 (One-Family Dwelling) to M-1 (Light Manufacturing) on 1.79 acres generally located on the northeast corner of McCutchen Road and Ashe Road (Applicant: Summit Engineering representing Old River Land Company) (ZC 08-0179) REMOVED FOR e. Adoption of Ordinance amending Section 2.28.030 SEPARATE of the Municipal Code relating to Planning CONSIDERATION Commission -Creation -Members, incorporating only the technical changes relating to dates for future appointments of Planning Commissioners. Resolutions: ORD 4516 ORD 4517 Resolution approving application proposing RES 097-08 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 580 consisting of 1.20 acres, located on the north side of Elcia Drive, between State Highway 99 and South Real Road. g. Resolution calling and giving notice of holding a RES 098-08 General Municipal Election for the election of Councilmembers for Wards 2, 5 & 6, and requesting consolidation with the County of Kern State-wide General Election to be held on Tuesday, November 4, 2008. h. Resolution ordering the summary vacation of the 45- RES 099-08 foot Right-of-Way Easement for Quantico Avenue, South of Brundage Lane. Bakersfield, California, June 25, 2008 -Page 6 12. CONSENT CALENDAR continued Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which dangerous buildings have been demolished and authorize collection of the assessments by the Kern County Tax Collector. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Agreements: k. Agreement with The Segal Company (not to exceed $80,000 in 2008-09, $83,250 in 2009-10 and $87,000 in 2010-11) for Health Care Consulting. Agreement with ComplQ (not to exceed $150,000 fora 12 month period to be paid from the Self- Insurance Fund) for workers' compensation bill review services. m. Westside Parkway -Mohawk Street Separation of Grade Construction and Maintenance (C&M) Agreement with Burlington Northern and Santa Fe Railway Company ($87,150) for the construction of the Mohawk Street Separation of Grade. 2. Easement Agreement with Burlington Northern and Santa Fe Railway Company ($47,270) for the Mohawk Street Separation of Grade. Westside Parkway and Cross Valley Canal Utility Agreement with Kern County Water Agency ($2,000,000) to mitigate utility conflict with the Cross Valley Canal (CVC) in preparation for the construction of Mohawk Street and Westside Parkway. ACTION TAKEN RES 100-08 RES 101-08 AGR 08-104 AGR 08-105 AGR 08-106 DEED 6877 AGR 08-107 Bakersfield, California, June 25, 2008 -Page 7 12. CONSENT CALENDAR continued ACTION TAKEN Item 12.n. continued 2. License Agreement with Kern County Water AGR 08-108 Agency for the City to construct, maintain, and operate the Westside Parkway and Mohawk Street roadways at the CVC. o. Agreement with A & A Land Company, LLC ($85,900) to purchase real property located on the AGR 08-109 east side of Mohawk Street south of Rosedale DEED 6879 Highway and north of the BNSF railroad for the Westside Parkway. p. Agreement between City, State of California AGR 08-111 Department of Public Health and the U.S. Department of Housing and Urban Development ($323,000) in Housing Opportunities for persons with HIV/AIDS Entitlement Program. q. Agreement with Rossetti Associates Incorporated AGR 08-112 (EI Segundo) ($85,000) for providing design services for the Grape Room Renovation at the Rabobank Arena/Convention Center. Assignment of Ground Lease Agreement 08-071 AGR 08-113 with T & R Brown Properties, LLC ($40 monthly) at the Bakersfield Municipal Airport for hangar space B-e44. Amendment No. 1 to Ground Lease Agreement 03- 015with John Morehouse ($40 monthly) at the AGR 03-015(1) Bakersfield Municipal Airport for hangar space A-5. t. Amendment No. 1 to Ground Lease Agreement 03- AGR 03-016(1) 016 with Kurt Sickles ($40 monthly) at the Bakersfield Municipal Airport for hangar space A-3. Metropolitan Bakersfield General Plan Update Amendment No. 1 to Agreement No. 07-107 AGR 07-107(1) with Northcutt and Associates ($50,000) for coordinating the update to the plan. 2. Amendment No. 1 to Agreement No. 07-320 AGR 07-320(1) with County of Kern ($25,000) for sharing cost of consultant services of Northcutt and Associates to update the plan. Bakersfield, California, June 25, 2008 -Page 8 12. CONSENT CALENDAR continued v. Amendment No. 2 to Agreement 07-304 with Security Paving Company, Inc. ($200,000) for supplemental work required for the construction of State Route 178 (SR-178) and Fairfax Road Interchange Project. w. Outside Legal Services Amendment No. 1 to Agreement No. 07-100 with Duane Morris, LLP (additional $150,000 not to exceed $400,000) for outside legal services regarding City v. City of Shaffer, Oildale Mutual Water Company and North Kern Water Storage District, et al. 2. Attorney Retainer Agreement with Duane Morris, LLP (amount not to exceed $150,000) for outside legal services State Water Resources Control Board, Reference No. KMB:A31674. Amendment No. 1 to Agreement 03-152 with Metropolitan Recycling Corporation (MRC) (compensation of $4.66 per month, $55.92 per year, for each subscriber to the program served by the contractor) for Collection of Recyclables. y. Contract Change Order No. 1 to Agreement No. 08- 039 with V Lopez and Sons, Inc. ($35,835.15 for a revised not to exceed amount of $815,644.45) for streetscape and storm drain improvements at the intersection of 19th and Eye Street. Bids: z. Construction of Beach Park Skate Park Expansion Project 1. Accept bid and award contract to Grindline Skateparks, Inc. ($159,264.79) for construction of project. 2. Transfer $40,000 from Recreation and Parks Capital Improvement Project (Beach Park Tank and Pump) to the Capital Improvement Budget within the Capital Outlay Fund. ACTION TAKEN AGR 07-304(2) AGR 07-100(1) AGR 08-114 AGR 03-152(1) AGR 08-039 CCO 1 AGR 08-115 Bakersfield, California, June 25, 2008 -Page 9 12. CONSENT CALENDAR continued Item 12.z. continued ACTION TAKEN 3. Accept and appropriate $10,000 donation from Kiewit Construction to the Recreation and Parks Capital Improvement Budget within the Capital Outlay Fund for this project. aa. Accept bid and award contract to Contra Costa Electric ($155,455) for installation of emergency standby generators for Fire Stations 4 and 6. bb. Accept bid and award contract to A-C Electric Company ($298,095) for the construction of traffic signals & lighting for Mill Creek Linear Park at 19th & 21St Streets. cc. Accept bid and award contract to Bronco Electric ($66,900) for the construction of the Electrical Distribution System -Mill Creek Linear Park. dd. Accept bid and award contract to D. Reese Construction ($99,248) for the construction of the Pedestrian Bridge Covering at Mill Creek Linear Park. ee. Accept bid and award contract to Western Farm Service, Inc. ($432,125.38) for the annual contract for chemical insecticides/herbicides. ff. Accept bid and award contract to Tri Power Systems ($49,148) for emergency generator for Kelso Peak Communications site. gg. Accept bid and award annual contract to PBC SolutionOne, Inc. ($47,740) for the Janitorial Maintenance for City Hall North for the Public Works Department. hh. Accept bid from CDW-G, Incorporated ($771,325.80) for 211 replacement toughbook laptop computers for the Police Department. Accept bid from Bakersfield Truck Center ($663,964.84) for two (2) replacement combination jet rodder trucks for the Public Works Department Street Division. AGR 08-116 AGR 08-117 ABS COUCH AGR 08-118 ABS COUCH AGR 08-119 ABS COUCH AGR 08-120 AGR 08-121 AGR 08-122 Bakersfield, California, June 25, 2008 -Page 10 12. CONSENT CALENDAR continued jj. Accept bid from Bakersfield Truck Center ($275,250.41) for one additional LNG powered four axle front-loading automated refuse truck for the Public Works Department Solid Waste Division. kk. Accept bid from Jeskell, Inc. ($259,026.21) for a server room infrastructure upgrade. Accept bid from GCS Western Power & Equipment, Inc. ($87,825.15) for one additional truck mounted parking lot sweeper for the Public Works Department Streets Division. Miscellaneous: mm. Revised job specifications for Fleet Service Worker I and Fleet Service Worker II. nn. Revised job specification for Fleet Mechanic I. oo. Miscellaneous Appropriations Appropriate $350,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Operating Budget for increased chemical costs associated with odor control for sewer lift stations. 2. Appropriate $150,000 additional revenue to the Public Works Department's operating budget within the Equipment Management Fund for increased costs associated with maintaining fleet equipment. pp. Appropriate $300,000 Fund Balance and $190,000 additional Water Revenue within the Agricultural Water Fund to augment the 2800 Acre Banking Program. qq. Appropriate $10,000 Fire Trust, Hazmat Penalty account to the Fire Department's Operating Budget within the General Fund for San Joaquin Air Pollution Control District settlement. rr. Appropriate $227,000 from Office of Emergency Services and USDA Forest Service to the General Fund Fire Department Operating Budget for overtime costs incurred at mutual aid assignments. ACTION TAKEN REMOVED BY STAFF Bakersfield, California, June 25, 2008 -Page 11 12. CONSENT CALENDAR continued ACTION TAKEN City Clerk McCarthy announced the removal at staff's request of item 12.jj., and that staff distributed a "revised" Utility Agreement & License Agreement for item 12.n. Vice-Mayor Hanson asked if the Council had any issues to bring before this body. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 12.b., and requested the removal of item 12.e. for separate consideration. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and to his employer, on items 12.bb., 12.cc. and 12. dd. Motion by Vice-Mayor Hanson to approve Consent APPROVED Calendar items 12.a. through 12.rr., with the removal of item 12.e. for separate consideration. e. Adoption of Ordinance amending Section 2.28.030 of the Municipal Code relating to Planning Commission -Creation -Members, incorporating only the technical changes relating to dates for future appointments of Planning Commissioners. Motion by Vice-Mayor Hanson to approve Consent APPROVED Calendar item 12.e. NS WEIR 13. CONSENT CALENDAR HEARINGS None. 14. HEARINGS a. Public Hearing to consider Resolution approving RES 102-08 and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield (proposed 3.53°/a increase based upon Construction Cost Index). Assistant Public Works Director Underwood made staff comments. Hearing opened at 7:25 p.m. No one spoke. Bakersfield, California, June 25, 2008 -Page 12 14. HEARINGS continued ACTION TAKEN Item 14.a. continued Hearing closed at 7:25 p.m. Motion by Vice-Mayor Hanson to adopt the Resolution. APPROVED b. Public Hearing to consider Resolution to authorize the Bakersfield Redevelopment Agency to sell real property located at 701 Union Avenue for $1.00 to AMCAL Multi-Housing, Inc., for the development of 55 affordable multi-family apartments and 3,000 square feet of commercial/retail space. Resolution approving the sale of real RES 103-08 property located at 701 Union Avenue by the Bakersfield Redevelopment Agency to AMCAL Multi-Housing, Inc. for $1.00. 2. Agreement with AMCAL Santa Fe Funds, AGR 08-123 L.P., (not to exceed $2,000,000) for HOME DEED 6878 Investment Partnership (HOME) funds for the construction and development of approximately 3,000 square feet of commercial/retail space and 55 affordable multi-family units at 701 Union Avenue to be known as Santa Fe Apartments. Economic Development Director Kunz made staff comments. Assistant Economic Development Director Barnhard gave an overview of the project. Hearing opened at 7:33 p.m. Marvin Dean spoke and encouraged the use of local developers as co-developers on these type projects. Hearing closed at 7:41 p.m. Councilmember Carson stated that she recognized Mr. Dean's concerns. Motion by Councilmember Carson to adopt the APPROVED Resolution, approve the transfer and approve the agreement. 15. REPORTS None. Bakersfield, California, June 25, 2008 -Page 13 Mayor Hall recognized Patrick Crawley and David Hamilton from Boy Scout Troop 484, and Nick Stringer from Boy Scout Troop 47, as well as students in attendance. 16. DEFERRED BUSINESS a. Fiscal Year 2008-09 Budget Resolution approving and adopting the City of Bakersfield Operating and Capital Improvement Budget. 2. Resolution approving and adopting the Operating and Capital Improvement Budget for the Bakersfield Redevelopment Agency. 3. Resolution establishing the City of Bakersfield appropriations limit. Assistant City Manager Stinson made staff comments and recommended approval of the budget. Motion by Counci/member Carson to appropriate $200,000 from the park development fund balance and transfer $150,000 from the future gre station project in the capital outlay fund, for a total of $350,000, to fund a wet playground at Saunders Park in Fiscal Year 2008- 09 as a capital improvement. Vice- Mayor Hanson congratulated staff and the City Council for doing a good job on the budget. 17. Motion by Vice-Mayor Hanson to approve the Resolutions adopting the City's Operating and Capital Improvement Budget, Bakersfield Redevelopment Agency Operating and Capital Improvement Budget and establishing the City's appropriations limit. Councilmember Couch asked staff, if possible, to restore the $200,000 to the future gre station fund, and bring it to Council's attention, when that is able to be done. NEW BUSINESS a. Adoption of pilot program for Dog License Survey. ACTION TAKEN RES 104-08 RES 105-08 RES 106-08 APPROVED City Clerk McCarthy announced staff received correspondence regarding this item which has been provided to City Council. Bakersfield, California, June 25, 2008 -Page 14 17. NEW BUSINESS continued ACTION TAKEN Item 17.a. continue Administrative Analyst Teglia provided an overview of this item. Motion by Councilmember Benham to adopt the APPROVED program and directed staff to provide follow-up reports to the City Council so it can evaluate the success of the program. Councilmember Scrivner asked staff, in three months, to analyze the ability to use a percentage of the licensing fees received to offer low cost spay/neuter for low income residents. In response to a question from Councilmember Sullivan, Animal Control Supervisor Davis provided information on the bi-weekly clinics. 18. COUNCIL AND MAYOR STATEMENTS Councilmember Benham thanked staff for the excellent job regarding the railroad horn issue and provided a letter. Councilmember Benham wished everyone a safe and happy Fourth of July. Councilmember Weir encouraged anyone interested in participating in the public/private partnership of installing a dog watering fountain in the University Park dog run to contact him. Councilmember Carson thanked the City Council for its support of Saunders Park. Councilmember Carson advised she received a letter from the Kern County Aging and Adult Services regarding the cooling centers in the area during the upcoming hot days and the offer of free rides through Kern Regional Transit by calling 800-510-2020 and ask for Information and Referral. Councilmember Carson wished everyone a happy Fourth of July. Councilmember Scrivner thanked staff for their participation in the Ward 7 neighborhood meeting which took place earlier in the week, and advised there will be another meeting on Saturday, June 28th, from 10:00 a.m. to Noon, at Berkshire School. Bakersfield, California, June 25, 2008 -Page 15 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Scrivner made an announcement that Councilmember Sullivan will be getting married on July 5th Councilmember Sullivan stated she is really looking forward to this new chapter in her life and thanked Councilmember Scrivner for making the announcement. Councilmember Couch offered his congratulations to Councilmember Sullivan. Councilmember Couch thanked staff for the way they conducted themselves during the Kimberly #1 and Hooper #1 process and through the LAFCO process. Councilmember Couch stated there is going to be a protest hearing within the next 60 days on these proposed annexations, and if 25% of the people in either of those areas decide they don't want to be part of the City, it will be forced to go to a mail ballot, and if 50% of them decide they don't want to be part of it, then the action will be stopped. Councilmember Couch encouraged staff to provide as much information that is needed to the residents during this process. Councilmember Couch asked staff to clarify whether or not the residents would have to hook up to the sewer line if the septic system fails. City Manager Tandy responded. Councilmember Carson congratulated Economic Development Department staff for a job well done Saturday at Community First Church during a community meeting regarding the Southeast and Filson targeted area for an uplift. Councilmember Sullivan referred the Grissom Park area to staff regarding abandoned cars in the street and driveways, dogs running unleashed and to include that area in the pilot program for licensing, and yards not kept up to City standards. Councilmember Sullivan reminded everyone about the upcoming last concert at Beale Park and the park's 100- year celebration. Councilmember Sullivan wished everyone a great Fourth of July. Bakersfield, California, June 25, 2008 -Page 16 19. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 8:12 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield