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HomeMy WebLinkAbout09/03/08_CC_AGENDA_PACKET,: BAKERSFIELD CITY COUNCIL a AGENDA MEETING OF SEPTEMBER 3, 2008 .r~ ,'F ~~ 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. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 20, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from August 8, 2008 to August 21, 2008 in the amount of $9,268,042.81 and self-insurance payments from August 8, 2008 to August 21, 2008 in the amount of $595,484.01. Ordinances: (ward ~) c. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-12) of the Municipal Code by changing the zoning from P (Parking) to C-2 (Regional Commercial) on 31,500 square feet located on the south side of Ming Avenue, east of Castro Lane. (ZC 08-0224) (Applicant: McIntosh and Associates/Property Owner: General Growth Properties, Inc.) (FR 08/20/08) (Ward 4) d. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 101-26) of the Municipal Code by changing the zoning from E (Estate) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 6.72 acres and from C-2 (Regional Commercial) to C-2/PCD on 8.28 acres located at the northwest corner of Allen Road and Brimhall Road. (ZC 07-2041) (Applicant: Porter & Associate/Property Owner: Lone Palm Farms) (FR 08/20/08) Resolutions: (Ward 3-7) e. Resolutions ordering judicial foreclosure of delinquent assessments (544 parcels totaling $216,170) for the following Assessment Districts: 1. AD 94-1 (Renfro/Hughes) 2. AD 94-2 (Gosford/VUhite) 3. AD 96-1 (BII/SM/FW/CP) 4. AD 99-2 (Seven Oaks West) 5. AD 01-1 (Ming ~ Allen/Hampton Place) 6. AD 01-2 (Seven Oaks West II/River WaIWSouthern Oaks) 7. AD 01-3 (Mountain Vista/San Lauren) 8. AD 02-1 (Avalon/Belsera/Montaire/The Woods) 9. AD 03-1 (Brighton Place/Silver Creek II) 10. AD 03-2 (Buena Vista Ranch/Belsera II/Montera II/Olive Park II) 11. AD 03-3 (Seven Oaks West III/Brighton Place II/Fairway Oaks South/Cosmo) 12. AD 04-1 (Countryside/The Homestead/Cherry Hill/Olive Park III) 13. AD 05-3 (Liberty IlNillage Green/Tesoro-Encanto/Lin/Rider/Diamond Ridge) 4. CONSENT CALENDAR continued (Ward 3) f. Resolution adding Area 4-86 (7001 Auburn Street) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 1,4,5) g. Resolutions adding the following territories to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. 1. Area 1-85 (Tract 6794) 2. Area 3-79 (Panama, Gosford NW) 3. Area 5-52 (Fairfax, E Wilson NW) (Ward 4,5) h. Resolutions adding the following territories to the Traffic Signal Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. 1. Area TS-16 (White Lane, Buena Vista Road) 2. Area TS-17 (Calloway, Sebeck NW) (Ward 1,5,7) i. Resolutions of Intention adding the following territories to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Directors Report. 1. No. 1613 -Area 5-53 (Redbank, Glebe SW) 2. No. 1614 -Area 5-54 (S Fairfax, Redbank SE) 3. No. 1616 -Area 4-87 (Chester Ave E, Between 36th & 38th) 4. No. 1617 -Area 3-80 (Panama, Gosford SW) 5. No. 1618 -Area 5-55 (Panama, Cottonwood SE) 6. No. 1619 -Area 5-56 (8601 S H Street) 7. No. 1620 -Area 5-57 (Massey, E Pacheco NW) (Ward 7) Agreements: j. Bakersfield Regional Transportation Impact Fee Update Study: 1. Agreement with Parsons Transportation Group, Inc. ($55,000) for the preparation of cost estimates derived from the analysis of the Bakersfield Regional Transportation Impact Fee Update Study. 2. Appropriate $55,000 Transportation Development Fund balance to the Public Works Department Capital Improvement Budget. k. Environmental Impact Report (EIR) for GPA/ZC No. 07-0655 (Bakersfield Gateway Project) located along the east side of State Route 99 between Hosking Avenue and Berkshire Road, west of South H Street. 1. Amendment No. 1 to Agreement No. 07-299 with Jones and Stokes Associates, Inc. ($45,401) for preparation of EIR. 2. Appropriate $45,401 (developer's contribution) to the Development Services Operating Budget in the General Fund for preparation of EIR. I. Amendment No. 1 to Agreement No. 07-349 with Granite Construction Company ($5,000,000; revised not to exceed $10,000,000) and extending the term for one (1) year for street materials. 2 City Council Meeting of 09/03/2008 4. CONSENT CALENDAR continued Bids: m. Replacement (60) Touch Screen Toughbook Computers: 1. Rescind bid award to Paradigm System Solutions, Inc. ($221,659.65). 2. Award bid to Capital Datacorp ($271,413.78). Miscellaneous: n. Reclassification of one (1) Clerk Typist II position to Accounting Clerk II in the Telecommunications Division of the Public Works Department. o. Reclassification of one (1) Police Lieutenant position to Assistant Chief of Police. p. Appropriate $5,118 State Grant Revenues (CAL-NMET) to the Police Department Operating Budget within the General Fund toward the cost of surveillance equipment. q. Acceptance of State Farm Good Neighbor Citizenship Grant ($3,850) and appropriate $3,850 contribution to the Police Department Operating Budget within the General Fund for the purpose of purchasing car seats and educating the community on proper use and installation of child restraint systems. City's position on 2008 League of California Cities Resolutions. Staff recommends adoption of Consent Calendar items a through r. 5. 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) RECONVENED MEETING -approximately 6:30 p.m. 6. ROLL CALL 7. INVOCATION by Pastor Pat Sheahan, Northminster Presbyterian Church. 8. PLEDGE OF ALLEGIANCE by Ethan Helston, 4th Grade Student at Columbia Elementary School. 9. CLOSED SESSION ACTION 10. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Barbara Fowler, proclaiming September 2008 as Fetal Alcohol Spectrum Disorders Awareness Month. b. Presentation by Mayor Hall of Proclamation to Bernard J. Herman, 2008 John Brock Community Service Award winner, declaring September 4, 2008 as Bernard J. Herman Day. 11. PUBLIC STATEMENTS 12. APPOINTMENTS a. One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group due to the expiration of term of Thomas Blackmon, term expires September 2008. Staff recommends Council determination. 3 City Council Meeting of 09/03/2008 13. CONSENT CALENDAR HEARINGS 14. HEARINGS 15. REPORTS 16. DEFERRED BUSINESS a. Report on utilization of a $1,500,000 State Grant for equipment to sort recyclables. 1. Issuance of bids to purchase equipment. 2. Issuance of a request for proposals (RFP) for a service provider to sort recyclables. Budget and Finance Committee recommends issuance of equipment purchase bids and the RFP. 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, ~' ~"``~ Alan Tandy City Manager 06/26/08 4:30pm 4 City Council Meeting of 09/03/2008 AGENDA HIGHLIGHTS September 3, 2008 COUNCIL MEETING REGULAR MEETING 5:15 ~.m. CONSENT CALENDAR Resolutions Item 4e. Resolutions Ordering Judicial Foreclosure of Delinquent Assessments Due to the downturn in the economy, depressed housing market, and abandonment of development construction, an administrative foreclosure process was initiated. Delinquencies on the 13 Districts listed in the Administrative Report include 544 parcels totaling $516,170. Agreements Item 4J. amount of X55.000. On March 5, 2008, the City entered into an agreement with Parsons Transportation Group, Inc. to perform analysis of the Bakersi:leld Regional Transportation Impact Fee Update Study. Preparation of cost estimates based upon the analysis is now required. Parsons will identify construction cost estimates and revise roadway configurations to produce an acceptable level of service. The terms and amounts of the agreements are the same as last year's contracts. Item 4k. ~~ ~ •~~ ~~ ~~ ~ ~~~ ~.a~ ~~ ~ ~ua~~ rwuv~ w ivr ~nc~ aaKersneia ~aiewav rroiect in the amount of $45 401 00 The project includes retail and restaurant facilities, a theater and possibly a hotel covering 93 acres located along the east side of State Route 99, between Hosking Avenue and Berskshire Road, west of South h Street. The amendment is necessary to cover considerable reviews and revisions to the project. No City funding is required for this contract. All costs are paid by the applicant. Item 41. Amendment No. 1 to Agreement No. 07-349 with Granite Construction Company Extending the Term for One year for Street Materials in an amount not to exceed $10 000 000 The original agreement was in the amount of $5,000,000. The agreement allows for four consecutive one-year extensions, if all parties agree. 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. Bids Item 4m. Rescind Bid Award to Paradigm System Solutions Inc and Award Bid to Capital Datacorro for 60 Replacement Touch Screen Touahbook Computers for the Police Department in the amount of $271 413 78 On August 20, 2008, Council awarded the contract to Paradigm System Solutions Inc. Upon receipt of the order, the vendor discovered they made an error and were unable to supply the product at the price quoted. At the vendor's request, the bid offer is being revoked.. Staff recommends awarding the contract to the next lowest bidder, Capital Datacorp. Miscellaneous Item 4r. Resolution Supporting League of California Cities Resolutions The Legislative and Litigation Committee traditionally reviews the proposed League of California Cities annual resolutions and takes a position. However, since the Committee was not scheduled to meet in August, Committee Chair Sue Benham directed the City Manager and City Attorney to review the proposed resolutions and forward their recommendations directly to the City Council for approval and to the City's Conference Voting Delegate, Vice- Mayor Harold Hanson, to vote accordingly. The City Manager and City Attorney recommend the support of four resolutions approved by the General Assembly. CLOSED SESSION There will be a conference with legal counsel regarding one case of potential litigation. CONTINUATION OF THE REGULAR MEETING -APPROXIMATELY 6:30 P.M. APPOINTMENTS There will be one appointment each to the Metropolitan Bakersfield Habitat Conservation Trust Group. DEFERRED BUSINESS Item ~8a. Utilization of a $1.500.000 State Grant. At the August 25, 2008 meeting of the Budget and Finance Committee, staff presented a report on several aspects of the City's overall recycling program. In order to make use of the $1,500,000 State Grant, the Committee directed staff to proceed with the issuance of the equipment bids and Request for Proposals for sorting services. Staff will return the results to Council for action in December. Approved: Rhonda Smiley, Assistant to the City Manager / PIO cc: Department Heads City Manager's File City Clerk's Office News Media File September 3, 2008 Agenda Highlights Paoe 2 A k ~, ADMINISTRATIVE REPORT MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: °-~ ; ~ , TO: Honorable Mayor and City Council FROM: Pamela McCarthy, City Clerk DATE: August 22, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of minutes of the August 20, 2008 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: P~ A r ADMINISTRATIVE REPORT MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: y ~ , TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: August 22, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~s SUBJECT: Approval of department payments from August 8, 2008 to August 21, 2008 in the amount of $9,268,042.81 and Self Insurance payments from August 8, 2008 to August 21, 2008 in the amount of $595,484.01. RECOMMENDATION: Staff recommends approval of payments totaling $9,863,526.82. BACKGROUND: RAR August 21, 2008, 2:25PM S:U2ichardWPWDMIN AP.doc ADMINISTRATIVE REPORT MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: -~ . G, TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: August 18, 2008 CITY ATTORNEY CITY MANAGER /eS SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-12) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from a P (Parking) zone to a C-2 (Regional Commercial) zone on 31,500 square feet located on the south side of Ming Avenue, east of Castro Lane (ZC # 08- 0224 -McIntosh and Associates representing General Growth Properties Inc.) (Ward 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on August 20, 2008. On April 17, 2008, the Planning Commission held an advertised public hearing on this zone change request. The item was continued to the July 17, 2008 meeting, and the Planning Commission recommended adoption by the City Council of an area smaller than originally requested. The original zone change request consisted of changing the zoning from a P (Parking) zone to a C-2 (Regional Commercial) zone on 4.06 acres. Planning Commission is recommending approval to re-zone on 31,500 square feet to C-2 zone. The applicant has agreed to the smaller area to be re-zoned. The site is located in front of the main entrance on Ming Avenue to the Valley Plaza Shopping Mall. The site is proposed for commercial development. The applicant's reason for the request is to bring the zoning into conformance with the General Commercial General Plan Land Use designation on the subject property. No one spoke during the public hearing. The applicant spoke and on July 17, 2008 agreed to the conditions of approval recommended by staff. The Planning Commission recommends that the City Council also adopt the recommended conditions. The conditions are to address traffic circulation along Ming Avenue and in the parking lot, aesthetics, and pedestrian access. In mid-June, the applicant amended the application and proposed the following changes to the original proposal in response to the Planning Commission's and staffs comments. As shown in attached Exhibit °2", the applicant amended the request as follows: August 18, 2008, 2:52PM Jeng/S:IDanaIADM/NS120081Sept19-3-0224 2.doc ADMINISTRATIVE REPORT • Removal of 1 of the 2 pads along Ming. The proposed pad is located east of the pedestrian walkway; • Provide a deceleration lane on Ming to the Castro Lane (westerly) entrance; • A pedestrian walkway with trees and benches from the Ming Avenue bus stop to the mall entrance; • Provide a new bus shelter and trees on Ming. The applicant has agreed to conditions to provide apedestrian-friendly corridor from the existing bus stop on Ming Avenue to the main mall entrance. The pedestrian corridor is a 5-foot wide meandering sidewalk with trees and landscaping on both sides of the sidewalk. Additional trees would be planted adjacent the new bus shelter along Ming Avenue. Also, the applicant has agreed to upgrade the Ming Avenue bus stop to connect the pedestrian corridor, provide a new covered shelter with bench, trash receptacle, additional landscaping adjacent the bus stop including at least 5 more shade trees, security lighting, and be handicap accessible. GETBus and the City must approve the bus stop plan prior to construction. For purposes of orderly development, the Planning Commission recommends the boundaries of the proposed zone change be reduced to only include the one pad along Ming Avenue (Condition No.3 & 4). This would limit development to the one pad location as proposed by the applicant. If the remaining area, such as the area now shown as parking area were re-zoned to C-2, the City would have no means to limit the number of structures in the G2 area through the Site Plan Review process. The reduction in acreage to be re-zoned would be from 4.06 acres to approximately on 31,500 square feet. Also, the location of the pad is to be set back from Ming Avenue, south of the existing liquid amber trees to provide visual relief from Ming Avenue and allow future opportunity of another deceleration lane along the Ming Avenue street frontage. Based upon an initial environmental assessment, staff has determined the proposed project will not sign~cantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised. Staff recommends adoption of the ordinance. August 18, 2008, 2:54PM Jeng/S:IDanaIADMINS120081Sept19-3-0224 2.doc ADMINISTRATIVE REPORT MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ ~ d , TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: August 15, 2008 APPROVED DEPARTMENT HEAD-~~~rr CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zoning Map No. 101-26) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an E (Estate) zone to a C-2/P.C.D. (Regional Commercial/Planned Commercial Development) zone on 6.72 acres, and from a G2 (Regional Commercial) zone to a G2/P.C.D. zone on 8.28 acres, totaling a zone change of 15 acres to C-2/P.C.D. located at the northwest comer of Allen Road and Brimhall Road. (ZC # 07-2041 -Porter 8 Associates representing Lone Palm Farms) (Ward 4) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on August 20, 2008. On July 17, 2008, the Planning Commission held an advertised public hearing on this zone change request, and recommend adoption by the City Council. The zone change request consists bf changing the zoning from an E (Estate) zone to a G2/P.C.D. (Regional Commercial/Planned Commercial Development) zone on 6.72 acres, and from a C-2 (Regional Commercial) zone to a G2/P.C.D. zone on 8.28 acres, totaling a zone change of 15 acres to C-2/P.C.D. The reason for the request is to bring the zoning into conformance with the GC (General Commercial) General Plan Land Use designation on the subject property. The site is currently undeveloped. The C-2/P.C.D. zoning requires that prior to development, the Planning Commission approve a site plan and elevations through a Development Plan Review. The applicant has stated that Development Plan Review will take place at a later date. No one spoke in opposition to the project at the Planning Commission hearing. Based upon an initial environmental. assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised. August 18, 2008, 2:53PM P/annerPE /S:IDenaIADM/NS120081Sept19-3-2041 2.doc MEETING DATE: September 03, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ./VS DATE: August 25, 2008 CITY ATTORNEY CITY MANAGER ~S SUBJECT: Resolutions ordering Judicial Foreclosure of Delinquent Assessments (544 parcels totaling $216,170) for the following Districts (Wards 3, 4, 5, 6 8 7) 1. Renfro/Hughes (A.D. 94-1 ) 2. Gosford/White (A. D. 94-2 ) 3. BII/SM/FW/CP (A.D. 96-1) 4. Seven Oaks West (A.D. 99-2) 5. Mingi~AAIIeNHamption PI (A.D. 01-1) 6. Seven Oaks West II/River WaIWSouthern Oaks (A.D. 01-2 ) 7. Mountain Vsta/San Lauren (A.D. 01-3) 8. Avalon/Belsera/MontairelThe Woods (A.D. 02-1 ) 9. Brighton Place/Silver Creek II (A.D. 03-1 ) 10. Buena Vista Ranch/Belsera II/Montana II/Olive Park II (A.D. 03-2) 11. Seven Oaks West III/Brighton Place II/Fairway Oaks South/Cosmo (A.D. 03-3) 12. Countryside/The Homestead/Cherry HilUOlive Park III (A.D. 041 ) 13. Libertyllnrllage Green/Tesoro-Encanto/Lin/Rider/Diamond Ridge (A.D. 05-3) RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The City of Bakersfield has issued Limited Obligation Bonds for each of the Assessment Districts listed above. The Districts are generally formed at the request of a developer who requests assistance from the City in financing certain public improvements such as sewer lines, water lines, streets, curb 8 gutter, storm drains and other incidental costs. Liens are placed on each property within the District boundaries and the bonds are repaid from the annual assessments levied and collected on annual property tax bills. These bonds are issued pursuant to the Improvement Bond Act of 1915 of the California Streets and Highways Code. In each of the above Districts, the City has covenanted with the bond holders to initiate an administrative foreclosure process no later than October 1 in any year when delinquencies within a given District near or exceed 5°~6 of the annual levy placed on the tax bill to pay the annual principal and interest on the bonds. Delinquencies on each of the above referenced Districts have reached the above threshold for the 2007- 08 tax year. The 13 Districts listed above include 544 delinquent parcels totaling $216,170. The City is under no obligation to use City funds to make the debt service payments, but we do have an obligation to make a good faith effort to collect the annual assessments and pursue collection of delinquent assessments. nks S:1AdminlAdmin Reportslad foreGosure resos sept 2008 rev2.doc August 25, 2008, 1:22PM ADMINISTRATIVE REPORT In April 2008 the City Manager administratively froze the processing or acceptance of new applications for the formation of Assessment Districts. This action was taken in response to current difficulties in the municipal bond market, national real estate market problems, and the depressed real estate market in Bakersfield. Additionally, there are several developers who have abandoned their construction sites and there are other developer projects that have demonstrated a major slow down in building activity. The Budget and Finance committee reviewed the issue of the application freeze at their July 28, 2008 meeting. The committee listened to the staff report regarding developer projects that have been abandoned, along with reports of escalated delinquency and foreclosure actions associated with Assessment Districts. The committee requested quarterly updates on the various issues associated with Assessment Districts within the City of Bakersfield. nks S:1AdminlAdmin Reportslad foreclosure resos sept 2006 rev2.doc August 25, 2008, 1:22PM A ~ ~ ~ ADMINISTRATIVE REPORT MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ , f. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: August 20, 2008 APPROVED DEPARTMENT HEA CITY ATTORNEY-~l~~y~ CITY MANAGER /e5 SUBJECT: Resolution adding Area 4-86 (7001 Auburn Street) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kem County Tax Collector. (Ward 3) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: On July 30, 2008 the Council adopted Resolution of Intention No. 1604 to add the above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received letters from the owners of the property described above which waive 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 owners also have submitted Proposition 218 ballots indicating their consent to the assessment. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the subdivision maps. ps G:\GROUPDAT\ADMtNRPT\2008\09-03\MD 4-86 ResolutionAdmin.doc ~ A ~ ~ i ° ADMINISTRATIVE REPORT MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: ~-{ , TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: August 20, 2008 PROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Ie.S SUBJECT: Resolutions adding the following territories to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Wards 1, 4, 5) 1. Area 1-85 (Tract 6794) 2. Area 3-79 (Panama, Gosford NW) 3. Area 5-52 (Fairfax, E Wilson NW) RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: On August 20, 2008 the Council adopted Resolution of Intention No's. 1610, 1611, and 1615 to add the above territories to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. The areas will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received letters from the owners of the properties described above which waive 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 owners also have submitted Proposition 218 ballots 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, covenant have been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the subdivision maps. ~!"i G:\GROUPDATIADMINRP112008\09-03\Estab MD Admin.doc A ~ + ~ ADMINISTRATIVE REPORT rn 1 MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: ~-} ~ h . TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: August 20, 2008 PROVED DEPARTMENT HEA CITY ATTORNEY p CITY MANAGER M' SUBJECT: Resolutions adding the following territories to the Traffic Signal Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Wards 4 & 5) 1. Area TS-16 (White Lane, Buena Vista Road) 2. Area TS-17 (Calloway, Sebeck NW) RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: On August 20, 2008 the Council adopted Resolution of Intention No's. 1607 and 1612 to add the above territories to the Traffic Signal Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Traffic Signal Maintenance District will provide for the maintenance of parks and/or street landscaping. The areas will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Traffic Signal Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received letters from the owners of the properties described above which waive the public hearing conceming inclusion in the Traffic Signal Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owners also have submitted Proposition 218 ballots indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Traffic Signal Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, covenant have been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the subdivision maps. phs G:\GROUPDAT\ADMINRPT~2008\09-031Esteb TS Admin.doc A Mr ~ ~ ADMINISTRATIVE REPORT ~`~r~ MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: ~} , ~. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: August 20, 2008 AP,PRnOVED DEPARTMENT HEA M `-' CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intentions (ROI) adding the following territories to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Directors Report. (Wards 1, 5, 7) 1. ROI #1613 adding Area 5-53 (Redbank, Glebe SW) 2. ROI #1614 adding Area 5-54 (S Fairfax, Redbank SE) 3. ROI #1616 adding Area 4-87 (Chester Ave E, between 36`h & 38`h) 4. ROI #1617 adding Area 3-80 (Panama, Gosford SW) 5. ROI #1618 adding Area 5-55 (Panama, Cottonwood SE) 6. ROI #1619 adding Area 5-56 (8601 S H Street) 7. ROI #1620 adding Area 5-57 (Massey, E Pacheco NW) RECOMMENDATION: Staff recommends adoption of resolutions. 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. The addition of these territories to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received letters from the owner(s) of the properties described above which waives the public hearing conceming inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) have also submitted a Proposition 218 ballot indicating their consent to the 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. phs G:\GROUPDAT\ADMINRPT\2008\09-03\MD ROI admin.doc tSAK ADMINISTRATIVE REPORT MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ ~ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director August 19, 2008 Bakersfield Regional Transportation Impact Fee Update Study (All Wards): 1. Consultant Agreement with Parsons Transportation Group, Inc. ($55,000) for the preparation of cost estimates derived from the analysis of the Bakersfield Regional Transportation Impact Fee Update Study. 2. Appropriate $55,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement Budget. APPROVED DEPARTMENTiHEAD ~~< CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: On March 5, 2008, the City entered into Agreement No. PW08-027 with Parsons Transportation Group, Inc. The contractor was to perform an analysis of the Bakersfield Regional Transportation Impact Fee Update Study. This agreement has been fuffilled. The City now requires the preparation of cost estimates based upon the findings of the earlier analysis. Parsons will review the travel demand model and identify construction cost estimates for east west roadways in metropolitan Bakersfield (the County will prepare similar estimates for the north-south roadways). Parsons will also revise roadway configurations to produce an acceptable LOS (level of service) and revise cost estimates to reflect changes in the roadway configurations. Parsons Transportation Group is an experienced, well-qualified specialist in the field of highway and traffic system engineering. phs G:\GROUPDATWDMINRPT12008\09-03\ConsuttanUlyr PanionsTranspGroup.doc MEETING QATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: ~{ , k . TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ DATE: August 13, 2008 CITY ATTORNEY ~ CITY MANAGER ~S SUBJECT: Amendment to agreement and appropriation of funds to prepare Environmental Impact Reports for General Plan Amendment/Zone Change No. 07-0655 (Bakersfield Gateway Project) located along the east side of State Route 99, between Hosking Avenue and Berkshire Road, west of South H Street. (Ward 7). 1. Amendment No. 1 to Agreement No. 07-299 with Jones and Stokes Associates, Inc. for ($45,401.00) for preparation of an Environmental Impact Report (EIR). 2. Appropriate $45,401.00 (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: The current contract amount with Jones and Stokes Associates Inc., the EIR consultant, preparing the EIR for the Bakersfield Gateway Project at the northeast corner of State Route 99 and Hosking Road is $162,134. With this addition the contract with Jones and Stokes will increase $45,401 to total $207,535. No City funding is required for this contract. This increase is necessary to cover considerable reviews and revisions to the project description by the applicant and associated EIR discussions for water supply and infrastructures beyond what was originally anticipated. The funds to cover the consultant costs and staffs time and materials to process the EIR come from the project applicant. The. project consists of an amendment to the Land Use and Circulation Element of the Metropolitan Bakersfield General Plan and concurrent Zone Change covering approximately 93 acres. The project includes anchor retail, a national destination specialty retail, lifestyle commercial facilities, restaurant, theatre, and possible hotel, totaling approximately 965,000 square feet. The central design feature is a clustering of in-line shops, restaurants, entertainment, and major tenants, in a walkable, highly- amenitized setting. Parking will be located on the perimeter of the site, creating ready access for vehicles while preserving a predominantly pedestrian, outdoor-oriented sense of urban place. MG // S:\GPA 3rd 2008\EIR 07-0855 (Woodmont Bak LLP EIR)Wdm SRWdmin Amend to agreements.doc August 18, 2008 ADMINISTRATIVE REPORT MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ . (~ TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: August 22, 2008 APPROVED DEPARTMENT HEAD-~"=yam- CITY ATTORNEY CITY MANAGER /~ SUBJECT: Amendment No. 1 to Agreement No. 07-349 with Granite Construction Company ($5,000,000, revised not to exceed $10,000,000) and extending the term for one (1) year for the annual contract for street materials. (Citywide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On September 26, 2007, City entered into agreement for the Annual Contract for Street Materials for the Public Works Department, in the amount of $5,000,000. The Agreement allows for four (4) consecutive one-year extensions, if all parties agree. City staff and Granite Construction Company agree to the extension 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. Sufficient funds are budgeted to cover this contract amendment. Purchasing Division S:IPURCHWDMIN1AmsndmentsWmendment #t1 to Agreement 07-349, Granite Const, AC St Matls; September 3, 2008.doc August 22, 2008, 10:05AM A ADMINISTRATIVE REPORT MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: , i*p TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: August 21, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Bid for Sixty (60) replacement touch screen toughbook computers. 1. Rescind bid award to Paradigm System Solutions Incorporated ($221,659.65). 2. Award bid to next lowest bidder, Capital Datacorp in the amount of $271,413.78. RECOMMENDATION: Staff recommends rescinding award to Paradigm System Solutions and re- awarding items to Capital Datacorp. BACKGROUND: On August 20, 2008, Council awarded items totaling $221,659.65 to Paradigm System Solutions Incorporated. Upon receipt of the order the vendor discovered they made an error and are unable to supply the product at the price quoted. As a result, the vendor, Paradigm System Solutions Incorporated, has requested to revoke their bid offer and be relieved of the obligation to supply the order. Staff has reviewed this request with the City Attorney's office and we recommend rescinding the bid award and awarding the bid to the next lowest bidder. The next lowest bid for the items is from Capital Datacorp in the amount of $271,413.78. Bids received, not including the revoked bid, are as follows: BIDDER AMOUNT Capital Datacorp $271,413.78 North Highlands, Califomia Unistar-Sparco Computers, Inc $272,963.64 Millington, Indiana Technology Integration Group $280,402.50 Dublin, Califomia Super Warehouse Gov $282,887.70 San Diego, Califomia Howard Technology Solutions $283,821.75 Ellisville, Mississippi Purchasing Division S:IPURCMADMIN1Penasonic Touch Screen Toughbooks for PD, rescind award, September 3, 2008.doc August 20, 2008, 2:23PM OF +[oP AR~TO~Is U c ~5?,~,~ ° ADMINISTRATIVE REPORT q~IFO ~ MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: W , , TO: Honorable Mayor and City Council FROM: Javier Lozano, Human Resources Manager DATE: August 20, 2008 SUBJECT: APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Reclassification: Clerk Typist II (1 position) to Accounting Clerk II -Telecommunications Division, of the Public Works Department. RECOMMENDATION: Staff recommends approval. BACKGROUND: Wayne Hopfe, Communications Coordinator, has requested the reclassification of the Clerk Typist II (1 position) in the Telecommunications Division to Accounting Clerk II. The incumbent is performing work well within the scope of the Accounting Clerk II job classification. She coordinates and performs duties related to preparing, processing, maintaining and checking a variety of financial records including over $1.2 million in inventory. Public Works has salary savings to cover the increased cost. SEIU concurs with the proposed reclassification. The reclassification was approved by the Miscellaneous Civil Service Board at their August 19, 2008 meeting. (mm) S:WDMIN REPORTS - 2008\Clerk Typist II to Accounting Clerk II Reclass.doc MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM : r-(, D, T0: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~ _ Javier Lozano, Human Resources Manager DEPARTMENT HEAD, August 14, 2008 Police Lieutenant Reclassification RECOMMENDATION: CITY ATTORNEY / CITY MANAGER Staff recommends reclassification of one Police Lieutenant position to Assistant Chief of Police. BACKGROUND: The Police Department is requesting the reclassification of a Police Lieutenant position to Assistant Chief of Police. Beginning in the fall of 2008, through December 2009; there is the potential for a significant number of police upper management to retire. This represents a significant loss of critical organizational knowledge and leadership to the Bakersfield Police Department, and the need to plan for the future. To develop future leaders and build organizational structure to gain the best possible oversight of department staff and function, the police department recommends a reorganization of the upper command staff. Currently, the upper command staff consists of the Chief, the Assistant Chief, and four Captains. The new structure would maintain the same number of authorized positions as the current with the addition of a second Assistant Chief. The additional Assistant Chief position would be created by reclassifying an existing Lieutenant position. With the reorganized structure, the upper command staff would then be divided between Administration/Investigations, with the one Assistant Chief and two Captains over each area. We believe this plan will provide the maximum amount of promotional opportunity for current mid-level managers to move to the command level, and provide a model for equal divisional oversight of department personnel. The cost of the position reclassfication of a Lieutenant to an Assistant Chief is approximately $41,000. Due to salary savings, there will be no impact to the FY 2008/09 police operating budget. The recommended reclassification will be submitted to the Police Civil Service Board on September 2, 2008 for approval. APPROVED August 14, 2008, 7:16AM S:Wdmin Reports - 2008\Police Lieutenant Reclass.dot MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ ~ a TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council W. R. Rector, Chief August 22, 2008 APPROVED DEPARTMENT HEAD ~ ti~~ CITY ATTORNEY CITY MANAGER ,e-S Appropriate $5,118.00 State Grant Revenues (CAL-MMET) to the Police Department Operating Budget within the General Fund toward the cost of Surveillance Equipment. RECOMMENDATION: Staff recommends appropriation. BACKGROUND: The Bakersfield Police Department has entered into an agreement with the Kern County Sheriff s Department, the Kern County District Attorney, the Kern County Probation Department, and the Shaffer Police Department as a member of the California Multi-Jurisdictional Methamphetamine Enforcement Team (CAL-MMET). CAL-MMET is a grant funded program administered through the Kern County Sheriff s Department. The CAL-MMET Executive Board has just received approval of a grant adjustment, from the State Office of Emergency Services. Part of the adjustment includes an approval to purchase equipment for the Bakersfield Police Department. However, since CAL-MMET monies are disbursed on a reimbursement basis, the City must purchase grant approved items before a claim for payment can be submitted. This appropriation allows the BPD to purchase the grant approved items. \lcitynaslhomedirsWbranson\BPDWDMIN RPTSWDMIN RPTS FY 08-09\ADMIN RPT- (09-03-08) CAL-MMET PURCHASES.doc Page 1 of 2 AXE ~ ~F Mcoxrax~r~ R ~ -,/~ U c~~,~ ° ADMINISTRATIVE REPORT gLIF NAP MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: W. R. Rector, Chief of Police DEPARTMENT HEAD uJ>L~Z DATE: August 22, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Accept a State Farm Good Neighbor Citizenship grant, in the amount of $3,850; and appropriate the $3,850 contribution to the Police Department operating budget in the General Fund for the purpose of purchasing car seats, and educating the community on proper use and installation of Child Restraint Systems. RECOMMENDATION: Staff recommends the acceptance of the grant money and the appropriation. BACKGROUND: The City of Bakersfield Police Department has been awarded a Good Neighbor Citizenship grant in the amount of $3,850.00 from State Farm Mutual Automobile Insurance Company. The Police Department will use this grant to purchase child safety carseats, child booster safety carseats and to print education materials for the purpose of educating the community on the proper use and installation of Child Restraint Systems (CRS). Educating the community on the importance of proper usage of child restraint systems will help to decrease the amount of injury and death to children involved in vehicle collisions. For parents with financial hardships, replacing damaged, recalled,,or seats which children have outgrown will also keep children safer while traveling in vehicles. The items purchased with the State Farm Good Neighbor Citizenship grant will be used to educate many members of the community including children of elementary age. There will also be the opportunity for hands on experience, along with materials to read should the parents have further questions. \\citynas\homedirs\dbranson\BPDWDMIN RPTSIADMIN RPTS FY OB-09WDMIN RPT - (09-03-08) STATE FARM GRANT.doc 8/20/2008 1:26 PM u...~ O a ~~ ~ ~ in ADMINISTRATIVE REPORT ~, "au,~,~.- i MEETING DATE: September 3, 2008 AGENDA SECTION: Consent Calendar ITEM: ; h, TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD pp DATE: August 22, 2008 CITY ATTORNEY C.. CITY MANAGER SUBJECT: City Positions on 2008 League of California Cities Resolutions RECOMMENDATION: Committee recommends acceptance of recommendations. BACKGROUND: The Legislative and Litigation Committee traditionally reviews the proposed League of California Cities annual resolutions and takes a position for each resolution as to support, oppose, or remain neutral. However, since the Committee was not scheduled to meet in August, Committee Chair Benham directed the City Manager and City Attorney to review the proposed resolutions and forward their recommendations directly to the City Council for Council direction. The resolutions, as approved by the General Assembly at the Annual Conference, will provide important policy guidance for the League during the upcoming year. The recommendations of the City Manager and City Attomey for the four resolutions are as follows: Resolution 1: League By-Laws Amendments Support Resolution 2: 2-1-1 California Telephone Service Support Resolution 3: Extension of Federal Section 45 Production Tax Credit Support Resolution 4: Comprehensive Statewide Water Infrastructure Plan Support The City Manager and City Attorney are forwarding these recommendations to Council for approval and direction to the City's Conference Voting Delegate, Vice-Mayor Hanson, to vote accordingly. As the City's representative, the Voting Delegate has the authority to forward the Council's agenda as proposed resolutions change during the course of the Annual Conference, in keeping with the Council's historical directive. August 21, 2008, 2:53PM P: WdminReports&RelatedWdm-2008Wdmin-2008LeagueResos-082108.doc IiAK ~• .~ / 0 LL ADMINISTRATIVE REPORT MEETING DATE: September 3, 2008 AGENDA SECTION: Closed Session ITEM: GJ , ~ , TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ~~ DATE: August 22, 2008 CITY ATTORNEY ~G' CITY MANAGER SUBJECT: Conference with Legal Counsel - Potenfia/ Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (One matter) VG:Isc S:\000NCIL\CI SessWdminsWe-09\09-03-08.PotLft.doc MEETING DATE: September 3, 2008 AGENDA SECTION: Presentations ITEM: (p, a„ TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Mayor Harvey L. Hall August 22, 2008 Presentation by Mayor Hall of Proclamation to Barbara Fowler, proclaiming September 2008 as Fetal Alcohol Spectrum Disorders Awareness Month in Bakersfield. APPROVED DEPARTMENT HEAD :~"".. fl CITY ATTORNEY CITY MANAGER /~S RECOMMENDATION: BACKGROUND: Krt MEETING DATE: September 3, 2008 AGENDA SECTION: Presentations ITEM: ~ ®, TO: Honorable Mayor and City Council APPR VED FROM: Mayor Harvey L. Hall DEPARTMENT HEA DATE: August 22, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of Proclamation to Bernard J. Herman, the 2008 John Brock Community Service Award winner, declaring September 4, 2008 as Bernard J. Herman Day in the City of Bakersfield. RECOMMENDATION: BACKGROUND: krt V:\MAYORWDMIN12008\Bernard J. Herman Day.dot BA 4 ~ ~ ADMINISTRATIVE REPORT IF MEETING DATE: September 3, 2008 AGENDA SECTION: Appointments ITEM: ( , ~ , TO: Honorable Mayor and City Council FROM: DATE: SUBJECT: Pamela A. McCarthy, City Clerk August 21, 2008 APPROVED DEPARTMENT HEAD WL'C. CITY ATTORNEY ~ GJ~r CITY MANAGER ~S One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group due to the expiration of term of Thomas Blackmon, term expires September 2008. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group due to the expiration of term of Thomas Blackmon, public member, whose term expires September 2008. Applications to fill the expired term have been received from the following individuals: • Donna L. Carpenter • Louise Antoinette Palmer The Trust Group is comprised of five members including one representative from the City of Bakersfield; one from the County of Kern; and three advisory members. Mandatory advisors to the Trust Group include the California Department of Fish and Game; the U.S. Fish and Wildlife Service; and an appointed City/County "member of the public" who serves a two year term in which the City and County alternate the appointment. The public member is not required to live in a specific ward, however he/she must be a City resident and possess some knowledge of the workings of the Metropolitan Bakersfield Habitat Conservation Trust Group. The Trust Group develops and adopts rules and regulations governing the conduct of the Agency and assists in the implementation of a joint City of Bakersfield/County of Kern conservation program which addresses State and Federal Endangered Species Law. The public member acts in an advisory capacity to the Trust and provides input on decisions regarding preserve land acquisition and management. Meetings are held on scheduled dates at the Kern County Administrative Building. August 21, 2008, 3:59PM S:\Bds&Comm\MetroBHTGWdmin Oe.dot .ti ~ ~ ~ ° ADMINISTRATIVE REPORT M,. IF O MEETING DATE: September 3, 2008 AGENDA SECTION: Deferred Business ITEM: ~ , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director August 25, 2008 CITY ATTORNEY CITY MANAGER Report on Utilization of a $1,500,000 State grant for equipment to sort recyclables. a. Issuance of bids to purchase equipment. b. Issuance of a request for proposals (RFP) for a service provider to sort recyclables. A PROVED DEPARTMENT HEAD RECOMMENDATION: The Budget and Finance Committee recommends issuance of equipment purchase bids and the RFP for sorting services. BACKGROUND: At the August 25, 2008 meeting of the Budget and Finance Committee, staff presented the attached report on several aspects of the City's overall recycling program, including: 1. Consultant proposals are due on September 26th for the study of material recovery facility (MRF) costs and advisability. This study will be shared with the County as discussed at the May 21, 2008 City Council meeting. 2. The blue cart recycling program now has about 6,000 participating households, with ongoing promotional efforts. 3. Staff is conducting a study on blue cart recycling for multiunit dwellings and business locations, and will report back in December. 4. Several suggestions for streamlining billing procedures and building participation in the blue cart program were provided. Staff requests further consideration by Council and direction as to which items to develop. 5. Actions needed for use of the $1,500,000 State grant for recycling equipment. a. Issuance of bids to purchase equipment. b. Issuance of a request for proposals (RFP) for a service provider to sort recyclables. The Committee directed staff to proceed with issuance of the equipment bids and RFP for sorting services. Staff will do so and return results to Council for action in December. kb August 25, 2008, 2:10PM G:\GROUPDATWDMINRPT12008\09-03\B&F Committe Report on Recycling Grant Utilization.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 20, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:16 p.m. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None 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 for 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 Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for John M. Tarabino, et al v. City (Kern County Superior Court Case No. S-1500-CV- 257620 SPC). c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. Motion by Vice-Mayor Hanson to adjourn to Closed Session at 5:18 p.m. Motion by Vice-Mayor Hanson to adjourn from Closed Session at 6:25 p.m. ACTION TAKEN APPROVED APPROVED Bakersfield, California, August 20, 2008 -Page 2 RECONVENED MEETING - 6:33 p.m. ACTION TAKEN 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan, Scrivner Absent: None INVOCATION by Pastor Michael Foutz, Christ Church of the Valley. 7. PLEDGE OF ALLEGIANCE by Bailey Schwetzer, Norris Middle School. Assistant City Clerk Gafford announced that correspondence was received from staff regarding agenda item 17.b., which she read into the record, as follows: "In light of threatened litigation on this issue, staff believes that consideration of the resolution is inappropriate and recommends that it be removed from the agenda." 8. CLOSED SESSION ACTION a. Conference with Legal Counsel -Existing Litigation; NO REPORTABLE Closed Session pursuant to subdivision (a) of ACTION Government Code Section 54956.9 for 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 Legal Counsel -Existing NO REPORTABLE Litigation; Closed Session pursuant to ACTION subdivision (a) of Government Code Section 54956.9 for John M. Tarabino, et al v. City (Kern County Superior Court Case No. S-1500-CV- 257620 SPC). c. Conference with Labor Negotiator pursuant to STAFF GIVEN Government Code Section 54957.6. DIRECTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Lucas Pauliukonis, proclaiming August 20, 2008, as Lucas Pauliukonis Day. Lucas Pauliukonis accepted the Proclamation and made comments. Bakersfield, California, August 20, 2008 -Page 3 9. PRESENTATIONS continued ACTION TAKEN b. Presentation by Mayor Hall of Certificate of Appreciation to Brent Rush, PG&E, for donating $25,000 for the purchase of Public Access Automated External Defibrillators to be located at various City facilities. Brent Rush accepted the Certificate of Appreciation and made comments. Scarlett Sabin, Executive Director of the local chapter of the American Heart Association, spoke in support of the AED program. 10. PUBLIC STATEMENTS a. Ron James of Ridge Communications, Inc., spoke in support of Agenda Item 12.kk. and asked if staff could be authorized to meet with him regarding the radio tower lease. Mayor Hall asked Assistant City Manager Stinson to contact Mr. James regarding this matter. b. Alex Younes spoke regarding unsanitary conditions at the dog park on Kroll Avenue and suggested having a designated dog park that is not a sump. Mayor Hall asked Assistant City Manager Stinson to contact Mr. Younes and advise him of the process. c. Erik Pederson spoke regarding a new Paul Mitchell School in Bakersfield and asked the Mayor and City Council to call Senator Ashburn to ask for his support to speed up the state licensing process for governing vocational schools. Mayor Hall suggested to Mr. Pederson that he contact the other state legislators as well. Councilmember Scrivner provided his business card and asked Mr. Pederson to contact him regarding this matter. d. Art Powell, representing community activists and as the First Vice President of the NAACP, spoke of their concern regarding canceling the election. 11. APPOINTMENTS None. Bakersfield, California, August 20, 2008 -Page 4 12. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the July 30, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from July 18, ABS WEIR 2008 to August 7, 2008 in the amount of $24,772,253.28 and self-insurance payments from July 18, 2008 to August 7, 2008 in the amount of $329,952.63. 12. CONSENT CALENDAR continued Ordinances: c. First Reading of Ordinance approving a Negative FR Declaration and amending Title 17 (Zone Map No. 123-12) of the Municipal Code by changing the zoning from P (Parking) to C-2 (Regional Commercial) on 31,500 square feet located on the south side of Ming Avenue, east of Castro Lane. (ZC 08-0224) (Applicant: McIntosh and Associates/Property Owner: General Growth Properties, Inc.) d. First Reading of Ordinance approving a Negative FR Declaration and amending Title 17 (Zone Map No. 101-26) of the Municipal Code by changing the zoning from E (Estate) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 6.72 acres and from C-2 (Regional Commercial) to C-2/PCD on 8.28 acres located at the northwest corner of Allen Road and Brimhall Road. (ZC 07- 2041) (Applicant: Porter & Associate/Property Owner: Lone Palm Farms) e. Adoption of Ordinance amending Sections 1.12.010 ORD 4522 and 1.12.040 of the Municipal Code by adding Annexation No. 526 consisting of 90.87 acres located on the east and west sides of Fairfax Road, south of Redbank Road to Ward 1, Annexation No. 493 consisting of 1,813.08 acres located west of S. Allen Road, south of the Kern River and Annexation No. 574 consisting of 139.89 acres located south of Seventh Standard Road, east of Allen Road and north of Snow Road to Ward 4. (FR 07/30/08) Bakersfield, California, August 20, 2008 -Page 5 12. CONSENT CALENDAR continued ACTION TAKEN Adoption of Ordinance approving the Negative ORD 4523 Declaration and amending Title 17 (Zone Map No. 124-20) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 17.5 acres located on the northeast corner of Union Avenue and Panama Lane. (GPA/ZC 07-0761) (Applicant: Edward Garrone/Property Owner: McKinzie Real Estate) (FR 07/30/08) g. Adoption of Ordinance approving the Negative ORD 4524 Declaration and amending Title 17 (Zone Map No. 103-22) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) and R-3 (Multiple Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 7.69 acres located southeast of Mt. Vernon Avenue and State Route 178. (GPA/ZC 07-1541) (Applicant: KSA Group Architects/Property Owner: Protestant Episcopal Bishop of San Joaquin) (FR 07/30/08) h. Adoption of Ordinance approving the Negative ORD 4525 Declaration and amending Title 17 (Zone Map No. 101-23) of the Municipal Code by changing the zoning from A (Agriculture) to C-O/PCD (Professional and Administrative Office/Planned Commercial Development) on 6.2 acres located along the north side of Rosedale Highway, generally between Allen Road and Jenkins Road. (GPA/ZC 08-0612) (Applicant: E&R Surveying & Consulting/Property Owner: Edward and Joseph Kosareff) (FR 07/30/08) Adoption of Ordinance approving the Negative ORD 4526 Declaration and amending Title 17 (Zone Map No. 102-29) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to M-1 (Light Manufacturing) on 4.68 acres located at the southwest corner of Langley Road and EI Toro Viejo Road (future). (GPA/ZC 08-0590) (Applicant: Mark J. Smith/Property Owner: Langley World Properties, LLC) (FR 07/30/08) Bakersfield, California, August 20, 2008 -Page 6 12. CONSENT CALENDAR continued ACTION TAKEN j. Adoption of Ordinance approving the Negative ORD 4527 Declaration and amending Title 17 (Zone Map No. 123-18) of the Municipal Code by changing the zoning from C-2 (Regional Commercial) to R-1 CH (One Family Dwelling/Church Overlay) on 13.37 acres and from R-2 (Limited Multiple Family Dwelling) to R-1 CH on 11.80 acres located north of Harris Road and east of Buena Vista Road. (GPA/ZC 07-2271) (Applicant: Ordiz-Melby Architects/Property Owner: St. Johns Lutheran Church of Bakersfield) (FR 07/30/08) k. Adoption of Ordinance amending Title 17 (zone Map ORD 4528 No. 123-28) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately 20 acres located at the southwest corner of Panama Lane and Ashe Road. (GPA/ZC 06-1052) (Applicant: Maurice J. Etchechury/Property Owner: John M. Antongiovanni Trust) (FR 07/30/08) Resolutions: I. Resolution ordering the summary vacation of the RES 127-08 north portion of Parcel 2 of County Road 1949 I ocated off Church Avenue near College Park. m. Resolution ordering the summary vacation of a RES 128-08 portion of the public access easement at 9600 Lake Victoria Drive. n. Wall-mounted Liquefied Natural Gas (LNG) Dispenser: Resolution determining that the purchase RES 129-08 and installation of awall-mounted LNG dispenser at the Liquefied Compressed Natural Gas (LCNG) fueling station in the City's Corporation Yard cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $115,000. 2. Agreement with NorthStar, Inc. ($105,200) AGR 08-134 for the purchase and installation of the LNG dispenser. 3. Appropriate $15,000 Refuse Fund Balance to the Public Works Department's Capital Improvement Budget. Bakersfield, California, August 20, 2008 -Page 7 12. CONSENT CALENDAR continued ACTION TAKEN o. Resolution approving application proposing RES 130-08 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 594 consisting of 49.74 acres located on the west side of Cottonwood Road between E. Fairview Road and E. Panama Lane. p. Resolution approving application proposing RES 131-08 proceedings for annexation of the following uninhabited County owned territories to the City identified as Annexation No. 597: 1. Mt. Vernon Sanitation District consisting of 1557.72 acres located south of Casa Loma Drive, east of Mt. Vernon Avenue. 2. Fairgrounds and Armory consisting of 16.51 acres located south of Belle Terrace, west of Union Avenue. 3. Belle Terrace Park consisting of 21.12 acres located south of Belle Terrace and west of Cottonwood Road. 4. Kern Delta Park consisting of 17.48 acres located south of Highway 58, east of Cottonwood Road. 5. Kern Medical Center, Juvenile Hall and Heritage Park consisting of 94.52 acres located on the west side of Mt. Vernon Avenue, south of Bernard Street. 6. County Community Services Facility consisting of 7.57 acres located at the northeast of corner of Cottonwood Road and Belle Terrace. 7. County Sump consisting of 13,835 square feet located at the northeast corner of Virginia Avenue and S. Williams Street. 8. County Sump consisting of 2.32 acres located at the northeast corner of Cottonwood Road and Casa Loma Drive. 9. East Side Canal consisting of 41,746 square feet located east of Virginia Avenue, between Lake and Kentucky Streets. q. Resolution authorizing an application be submitted RES 132-08 by the Fire Department for live scan fingerprinting. Bakersfield, California, August 20, 2008 -Page 8 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 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. s. Resolution adopting the re-designation of the National Highway System Intermodal Connector. t. Resolution regarding the annexation of agricultural land and opposing proposed LAFCO policy changes. u. Resolution setting salaries and related benefits for employees of the General Supervisory, Police Supervisory (Non-Safety) and Management Units. v. Resolution adding Area 2-39 (Mustang Square) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. ACTION TAKEN RES 133-08 RES 134-08 RES 135-08 RES 136-08 RES 137-08 w. Resolution of Intention No. 1607 to add territory, ROI 1607 Area TS-16 (White Lane, Buena Vista Road SE) to the Traffic Signal Maintenance District and preliminarily adopting, confirming and approving the Public Work Director's Report. x. Resolution of Intention No. 1612 to add territory, Area TS-17 (Calloway, Sebeck NW) to the Traffic Signal Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. Resolution of Intention No. 1610 to add territory, Area 1-85 (Tract 6794) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. z. Resolution of Intention No. 1611 to add territory, Area 3-79 (Panama, Gosford NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. RO/ 1612 RO/ 1610 R011611 Bakersfield, California, August 20, 2008 -Page 9 12. CONSENT CALENDAR continued ACTION TAKEN aa. Resolution of Intention No. 1615 to add territory, Area 5-52 (Fairfax, E Wilson NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. Agreements: bb. Final Tract Map and Improvement Agreements with Vaughn Building Company, Inc. for Tract 6421 Phase 1 located north of Auburn Street and east of Fairfax Road. cc. Agreement with Rick Maharrey dba Kern County Slow-Pitch Softball (not to exceed $45,900) to provide officiating services for City Adult Softball Program. dd. Agreement with Environmental Systems Research Institute, Inc. - ESRI ($64,715.27) to provide licenses and software support for server and client software. ee. Contributions to Bakersfield Museum of Art and Bakersfield Symphony: 1. Agreement with Bakersfield Museum of Art ($27,500) for Fiscal Year 2008-09. 2. Agreement with Bakersfield Symphony ($55,000) for Fiscal Year 2008-09. ff. Amendment No. 1 to Agreement No. 06-363 with Bakersfield Southwest Baseball, Inc. for construction of baseball fields at Aera Park. gg. Utility Agreement with Pacific Gas & Electric Company (estimated City share - $73,433.50) for the permanent relocation of electrical distribution and transmission facilities that are in conflict with the State Route 178 and Fairfax Road Interchange Project (TRIP). hh. Amendment No. 1 to Agreement No. 05-376 with State of California Department of Transportation for the 24th (State Route 178) Widening Project to transfer lead agency status for the California Environmental Quality Act from the State to the City and to transfer oversight of the National Environmental Policy Act from Federal jurisdiction to the State. (TRIP) RO/ 1615 AGR 08-135 AGR 08-136 AGR 08-137 AGR 08-138 AGR 08-139 AGR 08-140 AGR 06-363(1) AGR 08-141 AGR 05-376(1) 12. Bakersfield, California, August 20, 2008 -Page 10 CONSENT CALENDAR continued ACTION TAKEN ii. Amendment No. 1 to Agreement No. 03-319 with AGR 03-319(1) ESC Enterprises granting sole and exclusive right to operate food and beverage concession business at the Aquatic Center and Ice Center. jj. Amendment No. 1 to Agreement No. 07-312 with AGR 07-312(1) PCL Industrial Services, Inc. for a ground lease at the Bakersfield Municipal Airport, 2000 S. Union Avenue ($108,000 per year). kk. Amendment No. 1 to Agreement No. 90-279 with AGR 90-279(1) Nextel Spectrum Acquisition Corporation for radio tower lease at 8101 Ashe Road. Contract Change Order No. 1 to Agreement No. 07- AGR 07-307 307 with A-C Electric Company ($36,457; revised CCO 1 not to exceed $154,633.25) for traffic signal and lighting system installation at Ming Avenue and SR 99 Southbound On-ramp. mm. Contract Change Order Nos. 6, 7 and 8 to Agreement No. 07-304 with Security Paving Construction ($24,795; revised not to exceed $29,413,367.14) for the State Route 178 and Fairfax Road Interchange Project (TRIP). Bids: nn. Reject bids for the construction of Sewer Main Rehabilitation Project - Gosford & McCutchen Roads to District Boulevard. oo. Accept bid from Paradigm System Solutions, Inc. ($221,659.65) for sixty (60) replacement touch screen toughbook computers for the Police Department. pp. Accept bid and award annual contract to BG Promotions (not to exceed $44,688.28) for imprinted recreation garments for the Recreation and Parks Department. Miscellaneous: qq. Appropriate $25,000 PG & E Grant Revenue for the Bakersfield Defibrillator Project to the Recreation & Parks Department Operating Budget in the General Fund. rr. Appointment of voting delegate and alternates for 2008 League of California Cities Annual Conference. AGR 07-304 CCO 6 CCO 7 CCO 8 AGR 08-142 Bakersfield, California, August 20, 2008 -Page 11 12. CONSENT CALENDAR continued ACTION TAKEN ss. Payment to National Fish and Wildlife Foundation ($64,500) for mitigation fees for Allen Road Bridge over Kern River. tt. Appropriate $7,000 K.N.E.T. Asset Forfeiture Revenues to the Police Department Operating Budget within the General Fund toward the cost of equipment for the K.N.E.T. unit of the Police Department. uu. Appropriate $67,076 Federal Grant Revenues (Edward Byrne Memorial Discretionary Grant- Congressionally Mandated Award the U.S. Department of Justice) to the Police Operating Budget in the General Fund. vv. Construction assistance for an affordable senior rental housing project on 18th Street in Old Town Kern: Agreement authorizing a six month AGR 08-143 $2,000,000 loan and appropriate funds from the Equipment Fund to the Redevelopment Agency to provide construction assistance required for the Senior Plaza Rental Development located at 18th and 19th Streets and to be immediately repaid from future bond proceeds. 2. Authorize repayment of the principal amount of $785,000 and accrued interest from the Redevelopment Agency to repay the 2006 Equipment Fund loan for the South Mill Creek Project. 3. Transfer and appropriate $785,000 and accrued interest from the Southeast Redevelopment Project Area Operating Fund to the Debt Service fund for the repayment of this debt. Assistant City Clerk Gafford announced correspondence was received from Ron James regarding item 12.kk. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 12.b. Motion by Vice-Mayor Hanson to approve Consent APPROVED Calendar items 12.a. through 12.w. Bakersfield, California, August 20, 2008 -Page 12 13. CONSENT CALENDAR HEARINGS ACTION TAKEN None. 14. HEARINGS a. Public Hearing to consider Resolution approving the RES 138-08 sale of real property located at 508 18th Street by DEED 6900 the Bakersfield Redevelopment Agency to Southwest Consulting, Inc. for the development of the 19th Street Commercial Project. Economic Development Director Kunz made staff comments. Hearing opened at 7:03 p.m. Michael Keel spoke in support of the staff recommendation. Hearing closed at 7:04 p.m. Motion by Councilmember Benham to approve the Resolution. b. Public Hearing to consider Amendment No. 1 to Resolution No. 133-07 establishing Underground Utility District No. 2, Division 31 (Sports Village). Public Works Director Rojas made staff comments. Hearing opened at 7:06 p.m. No one spoke. Hearing closed at 7:06 p.m. Motion by Councilmember Sullivan to approve the Amendment. c. Public Hearing to consider Resolution of Necessity to determine whether the public interest and necessity require acquisition by eminent domain of a portion of property located between Langley Road and the Cross Valley Canal, west of Mohawk Street for the Westside Parkway project. (Property Owners: Wanamaker, et al) (Civ. Proc. Code §1240.010) APPROVED AB COUCH AGR 133-07(1) APPROVED RES 139-08 DEED 6901 Bakersfield, California, August 20, 2008 -Page 13 14. HEARINGS continued Item 14.c. continued ACTION TAKEN Public Works Director Rojas made comments. Hearing opened at 7:08 p.m. No one spoke. Hearing closed at 7:08 p.m. Motion by Councilmember Benham to approve the Resolution. APPROVED 15. 16. REPORTS None. DEFERRED BUSINESS a. Resolution approving the Memorandum of Understanding for employees of the Blue and White RES 140-08 Collar Units and adopting salary schedule and benefits. City Manager Tandy made staff comments. Vice-Mayor Hanson thanked staff and the Councilmembers who worked diligently in this regard. Motion by Vice-Mayor Hanson to approve the Resolution. APPROVED b. Amendment No. 1 to Agreement with North Kern Water Storage District for water rights. AGR 08-144 City Manager Tandy made staff comments. Vice-Mayor Hanson thanked City Manager Tandy, Water Resources Manager Core, and City Attorney Gennaro, as well as Kevin Andrew, Dick Diamond, Dana Mund and the Board of Directors of North Kern Water Storage District. Motion by Vice-Mayor Hanson to approve the Agreement. APPROVED Bakersfield, California, August 20, 2008 -Page 14 17. NEW BUSINESS ACTION TAKEN a. PG&E Gas and Electricity Franchise Renewals: Resolution amending Resolution No. 008- RES 008-08(2) 08(1) to extend the terms of existing PG&E franchise agreements for the use, transmission, and distribution of gas and electricity within the City for a period of an additional 90 days (to December 18, 2008, or until adoption of new franchise ordinances, whichever occurs first) under the existing terms and conditions. 2. Resolution of Intention No. 1608 Ro11608 acknowledging the intent to grant electric franchise. 3. Resolution of Intention No. 1609 RO11609 acknowledging the intent to grant gas franchise. Assistant City Manager Stinson made staff comments. Motion by Vice-Mayor Hanson to approve the q ppROVED Resolution and Resolutions of Intention. b. Resolution providing for the appointment of City Councilmembers and cancelling the November 4, 2008 election for Wards 2, 5 & 6. City Manager Tandy made staff comments. City Attorney Gennaro, at the request of Councilmember Couch, made additional staff comments. Motion by Vice-Mayor Hanson to not approve gppROVED the Resolution. 18. COUNCIL AND MAYOR STATEMENTS Councilmember Couch advised that York Company has bought out Bragg Company, which is contracted by Risk Management, and he asked if there will be any impact to the current contract with Bragg. Councilmember Couch requested that notifications of cancellation of committee meetings be streamlined by e-mail only, instead of both a-mail and hard copy. Bakersfield, California, August 20, 2008 -Page 15 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Scrivner asked the City Attorney and Planning to provide a report about the new lingerie shop on Chester Avenue and if there are any options open to the City regarding its appearance. Councilmember Benham advised she had requested City Attorney Gennaro send a letter to the president of the Downtown Business Association explaining the law and constraints on this City and requested a copy of that letter be provided to Councilmember Scrivner. Councilmember Benham asked Recreation and Parks staff contact the citizen who started a walking program at Stiern Park to see if she has any ideas to expand this to other parks, particular with regard to the new linear park, and then report back fo Community Services Committee. Vice-Mayor Hanson asked City Manager Tandy to make comments regarding the federal courthouse. City Manager Tandy provided an update. Mayor Hall commended the BPD-GHOST team for their efforts in stopping graffiti in our community. Mayor Hall commended Fire Chief Fraze for his efforts in coordinating 1,200 volunteers from Valley Bible Church who will be working on various community service projects on September 27th. Mayor Hall commended Fire Chief Fraze for his effort with SanJoaquin Hospital in developing a burn center facility in collaboration with the Grossman Center in Van Nuys, which is one of the foremost burn centers on the West coast. Bakersfield, California, August 20, 2008 -Page 16 19. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 7:39 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield