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HomeMy WebLinkAbout10/22/08_CC_AGENDA_PACKET~~~~°~~~~ BAKERSFIELD CITY COUNCIL o AGENDA ,,,~ ., MEETING OF OCTOBER 22 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 3. WORKSHOPS 4. CONSENT CALENDAR Minutes: a. Approval of minutes of the October 8, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from September 26, 2008 to October 9, 2008 in the amount of $14,656,632.73 and self-insurance payments from September 26, 2008 to October 9, 2008 in the amount of $183,182.95. Ordinances: (Ward 1,4,5, c. Adoption of Ordinance amending Sections §1.12.010, §1.12.040, § 1.12.050, §1.12.060 s ~ >> and §1.12.070 by adding Annexation No. 551 consisting of 0.85 acres located on the east side of Cottonwood Road, north of Pacheco Road to Ward 1; Annexation 491 consisting of 40.28 acres located north of Snow Road, between Calloway Road and Allen Road to Ward 4, Annexation No. 602 consisting of 1.7 acres, located on the north side of Taft Highway and west of Gosford Road to Ward 5, Annexation No. 525 consisting of 32.54 acres located at the southeast corner of Taft Highway and Ashe Road and Annexation No. 576 consisting of 26.11 acres located at the southwest corner of Ashe Road and Taft Highway to Ward 6; and Annexation No. 570, consisting of 21,071 square feet located on Southgate Drive, between South "H" and South Union Avenue to Ward 7. (FR ~oroa~a) d. Adoption of the following Ordinances: (FR iuroeroe) 1. Ordinance amending Sections 1.17.020, 1.17.030 and 1.17.040 relating to elections. 2. Ordinance amending Section 2.76.130 relating to resolution of impasses. 3. Ordinance amending Section 3.40.070 relating to records retention. 4. Ordinance amending Sections 10.24.010 and 10.24.020 relating to speed zones. 5. Ordinance amending Section 10.44.060 relating to truck routes. 6. Ordinance amending Section 10.48.010 relating to crosswalks. 7. Ordinance amending Sections 14.12.030 Subsection Y.2, 14.12.080 Subsection F, 14.12.220 Subsection B.22 and 14.12.390 Subsection B relating to sewers. 8. Ordinance amending Section 15.09.060 relating to sewer required. 9. Ordinance amending Section 17.52.020 Subsection B and 17.54.020 Subsection B relating to zoning. 10. Ordinance amending Section 17.60.060 Subsections B.6 and B.8 relating to sign development standards. Resolutions: e. Resolution approving the donation of surplus Police Department equipment to the Federal Bureau of Investigation for the consideration of $1.00. 4. CONSENT CALENDAR continued f. 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. (Ward 1) g. Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 615 consisting of 0.28 acres, located at East Berkshire Road, west of Madison Street. (Ward 1) h. Resolution ordering the summary vacation of the public road easement, as dedicated per Grant Deed No. 15542, book 2062 in page 1, located south of Casa Loma Drive and east of Lotus Lane. Revised job specification and change to salary schedule: Amendment No. 1 to Resolution No. 136-08 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Accountant II. 2. Revised job specification for Accountant II. (Ward 2) j. Resolution of Intention No. 1624 to order the vacation of 17th Street between "R" Street and "S" Street. k. Public Employees' Retirement System (PERS) Resolution of Intention to approve Amendment No. 4 to Contract No. 97-39 with the Board of Administration of the Public Employees' Retirement System. 2. First reading of Ordinance authorizing Amendment to the Contract of Administration of the Public Employees' Retirement System to provide Section 21354.5 (2.7% ~ 55 full formula) and Section 20037 (three year final compensation) for the local miscellaneous members. Agreements: Agreement with Sungard Public Sector, Inc. ($190,040.51) for service support of licensed software. (Ward 3) m. Agreement with County of Kern for transfer of the Breckenridge Planned Drainage Facility located east of Morning Drive and north of Pioneer Drive to the city. (Ward 2) n. License Agreement with Southern California Gas Company for the relocation of a high pressure gas line across the Kern River. (Ward 7) o. General Plan Amendment/Zone Change No. 07-0655 (Bakersfield Gateway Project): 1. Amendment No. 2 to Agreement No. 07-299 with Jones and Stokes Associates, Inc. ($14,315.00) for preparation of an Environmental Impact Report (EIR). 2. Appropriate $14,315.00 (developers' contribution) to the Development Services operating budget in the General fund for the EIR consultant. 2 City Council Meeting of 10/22/2008 4. CONSENT CALENDAR continued p. Amendment No. 2 to Agreement No. 07-378 with T.D. Whitton Construction, Inc. ($1,000,000; not to exceed $5,000,000) and extending the term to October 23, 2009 for the annual contract for street reconstruction and paving. (Ward 4) q. Contract Change Order Nos. 1 - 3 to Agreement No. 08-062 with Granite Construction ($70,036.00; not to exceed $8,165,652.00) for the project known as Allen Road Improvements between Ming Avenue and Stockdale Highway. (Ward 3) r. Contract Change Orders No, 10, 11 and 12 to Agreement No. 07-304 with Security Paving Construction ($80,045.41; not to exceed $29,523,875.05) for the State Route 178 and Fairfax Road Interchange Project (TRIP). Bids: (Ward 4) s. Accept bid from Sunrise Lighting Systems, Inc. ($58,950.23) for decorative fixtures and poles for Aera Park. (Ward 4) t. Resurfacing of Calloway Drive from Rosedale Highway to Meacham Road: 1. Accept bid and award contract to Burtch Construction ($687,329.83) for the project. 2. Transfer $255,861 from Public Works Departments' Capital Improvement Project (reconstruct Camino Media) to the Calloway Road Widening Project within the Capital Outlay Fund. (Ward 5) u. Accept bid and award contract to A-C Electric Company ($66,000.00) for the electrical upgrade and installation of emergency generator at Fire Station No. 9. (Ward 4) v. Accept bid and award contract to Woeste Electric, Inc. ($113,316.84) for traffic signal and lighting system installation at Noriega Road and Verdugo Lane. Miscellaneous: w. Reclassification -Fleet Division Four Fleet Mechanic I positions to Fleet Mechanic II. (Ward 3) x. Appropriate $1,422,700 Proposition 50 grant funds to the CIP budget within the Recreation Facility Fund for Kern River Upland and River Edge Restoration Project. y. Appropriate $31,448.00 Federal Grant Revenues (FY2009 Next Generation -Click It or Ticket Mini -Grant Program from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for seatbelt enforcement mobilization for the Traffic Division. z. Appropriate $410,092.00 Federal Grant Revenues (DUI Enforcement Grant from the State Office of Traffic Safety) to the General Fund Police Operating Budget to fund overtime for traffic enforcement strategies and to purchase checkpoint supplies and services for the Traffic Division. Staff recommends adoption of Consent Calendar items a through z. 5. CLOSED SESSION 3 City Council Meeting of 10/22/2008 RECONVENED MEETING -approximately 6:30 p.m. 6. ROLL CALL 7. INVOCATION by Father Jack Estes - St. Luke's Episcopal 8. PLEDGE OF ALLEGIANCE by David Mashburn, 5th grade -Highland Elementary 9. CLOSED SESSION ACTION 10. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Bill Cooper and Rich O'Neil, declaring October 23, 2008, "Bill Cooper and Rich O'Neil Day", in honor their being awarded the 2008 National Voluntary Service Award from the National Recreation and Parks Association. b. Presentation by Mayor Hall to Dianne Hoover, Recreation and Parks Director, in recognition of agency accreditation by the National Recreation and Park Association. 11. PUBLIC STATEMENTS 12. APPOINTMENTS 13. CONSENT CALENDAR HEARINGS 14. HEARINGS 15. REPORTS 16. DEFERRED BUSINESS 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, `~ _ Alan Tandy 6~`" City Manager 10/16/06 9:25 am 4 City Council Meeting of 10/22/2008 AGENDA HIGHLIGHTS OCTOBER 22, 2008 COUNCIL MEETING REGULAR MEETING - 5:15 v m CONSENT CALENDAR Resolutions Item 4k. Amendment No. 4 to Contract No 97-39 with the Public Emolovee's Retirement Svstem PERS . This amendment Implements a recently negotiated item to the City's agreement with the Biue and White Collar, Miscellaneous Supervisory and Miscellaneous Management Units regarding the PERS retirement formula. This amendment changes the current PERS retirement formula for this group of employees from 3% ~ 60 (Section 21354)- to 2.7% ~ 55 (Section 21354.5). In addition, this amendment will also change the final compensation period from 1 year final compensation (Sedion 20042) to a 3 year final compensation period (Sedion 20037). As~reements Item 41. the amount of $190.040.51. SPS developed and services many of the software programs operated by the City. This includes programs for Purchasing/Inventory; Payroll/Personnel; Fire Records Management; Building Permits and Utility Billing, just to name a few. This agreement will ensure that SPS continues to update the applicable software and provide service for any problems that may be encountered with these programs. This agreement will run through July 31, 2009. Item 4p. amount of ~~.ovv.voo and not to exceed $5.000 000. On October 24, 2008, Council awarded the Annual Contract for street reconstruction and paving. This agreement was with TD Whitton Construction, Inc. in the amount of 2,000,000.. Amendment No. 1 was executed on May 7, 2008 adding $2,000,000 to the contract to allow for maximum paving work to be completed during paving season. This agreement will extend the existing contrect with TD Whitton for one year and add $1,000,000 to the contract amount. Item 4r. ~8U.045.41 end not to exceed $29.523.875.05. Change orders No. 10 and 12 involve revisions to the electrical systems for the project due to changes conditions at the site. Change Order No. 10 has a cost increase of $172,900 while Change Omer No. 12 has a cost decrease of $92,854.59. Combined the two Change Orders represent an $80,045.41 cost increase. Change order No. 11 has no change in cost associated with it but is procedurally required. B~ Item 4t Iiiohwav to Meacham Road in the amount of $687.329 83 This project is a road improvement project which includes repair work, the replacement of traffic signal loops, resurtaang and re-striping the roadway to provide three lanes of vehicle traffic and a bike lane in both directions. Five bids were received, all of which were acceptable. Staff recommends awarding the contract to Burtch Construction. Item 4v. project consists of the installation ~y ~~r ADMIN ISTRATIVE REPORT ~~. 1 MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: 1--~,. ~ , TO: Honorable Mayor and City Council FROM: Pamela McCarthy, City Clen~~ DATE: October 9, 2008 APPROV D DEPARTMENT HEA~„1, CITY ATTORNEY CITY MANAGER iPS~ SUBJECT: Approval of minutes of the October 8, 2008 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw A e ~ ~ I U b ~;L~ ADMINISTRATIVE REPORT MEETING DATE: October 22, 2008 TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 10, 2008 AGENDA SECTION: Consent Calendar ITEM: y, h . APPROVED DEPARTMENT HEAD ~yJ CITY ATTORNEY CITY MANAGER /~5 SUBJECT: Approval of department payments from September 26, 2008 to October 9, 2008 in the amount of $14,656,632.73 and Self Insurance payments from September 26, 2008 to October 9, 2008 in the amount of $183,182.95. RECOMMENDATION: Staff recommends approval of payments totaling $14,839,815.68. BACKGROUND: RAR October 9, 2008, 5:01 PM S:1Richa rd W P W DM I N SAP. doc MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: ~, TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ,5'lr~ DATE: October 10, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections §1.12.010, §1.12.040, §1.12.050, §1.12.060 and §1.12.070 by adding Annexation No. 551 consisting of 0.85 acres, located on the east side of Cottonwood Road, north of Pacheco Road to Ward 1, Annexation 491 consisting of 40.28 acres, located north of Snow Road, between Calloway Road and Allen Road to Ward 4, Annexation No. 602 consisting of 1.7 acres, located on the north side of Taft Highway and west of Gosford Road to Ward 5, Annexation Nos. 525 consisting of 32.54 acres, located at the southeast corner of Taft Highway and Ashe Road and Annexation No. 576 consisting of 26.11 acres, located at the southwest comer of Ashe Road and Taft Highway to Ward 6 and Annexation No. 570, consisting of 21,071 square feet, located on Southgate Drive, between South H and South Union Avenue to Ward 7. (Wards 1, 4, 5, 6 & 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on October 8, 2008. This ordinance amends the ward boundaries to include Annexations 551, 491, 602, 525, 576 and 570 into corresponding Council wards. These annexations were recently approved by lr4FC0. Annexation No. 551 is located on the east side of Cottonwood Road, north of Pacheco Road. The annexation territory consists of 0.85 acres. The property owners requested annexation to receive city services. Annexation No. 491 is located north of Snow Road, between Calloway Road and Allen Road. The annexation territory consists of 40.28 acres. The property owner is proposing estate residential and commercial development for the project site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 602 is located on the north side of Taft Highway, west of Gosford Road. The annexation territory consists of 1.7 acres. The property owner requested annexation for development purposes and to receive city services. ADMINISTRATIVE REPORT Page 2 Annexation No. 525 is located at the southeast corner of Taft Highway and Ashe Road. The annexation territory consists of 32.54 acres. The property owner is proposing multi-family residential development on the project site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 576 is located at the southeast corner of Taft Highway and Ashe Road. The annexation territory consists of 26.11 acres. The property owner is proposing multi-family residential development on the project site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 570 is located on Southgate Drive, between South H and South Union Avenue. The annexation territory consists of 21,071 acres. The property .owner requested annexation for development purposes and to receive city services. S:1Annexationl0rdinances~2008Wdmin adopt 11-5-08 551,491,602,525,576 & 570 .DOC ~ $A ~ CA OAT ADMINISTRATIVE REPORT ~,Lw® MEETING DATE: October 22, 2008 AGENDA EC ION: Consent Calendar ITEM: !~ ~; TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ~G DATE: October 9, 2008 CITY ATTORNEY ~~" CITY MANAGER SUBJECT: 1. Ordinance Amending Sections 1.17.020, 1.17.030 and 1.17.040 Relating to Elections. 2. Ordinance Amending Section 2.76.130 Relating to Resolution of Impasses. 3. Ordinance Amending Section 3.40.070 Relating to Records Retention. 4. Ordinance Amending Sections 10.24.010 and 10.24.020 Relating to Speed Zones. 5. Ordinance Amending Section 10.44.060 Relating to Truck Routes. 6. Ordinance Amending Section 10.48.010 Relating to Crosswalks. 7. Ordinance Amending Sections 14.12.030 Subsection Y.2, 14.12.080 Subsection F, 14.12.220 Subsection B.22, and 14.12.390 Subsection B Relating to Sewers. 8. Ordinance Amending Section 15.09.060 Relating to Sewer Required. 9. Ordinance Amending Section 17.52.020 Subsection B and 17.54.020 Subsection B Relating to Zoning. 10.Ordinance Amending Section 17.60.060 Subsections B.6 and B.8 Relating to Sign Development Standards. RECOMMENDATION: Staff recommends adoption of the proposed ordinance amendments. BACKGROUND: First reading of the above listed ordinance amendments was at the Council meeting on October 8, 2008. About once a year, various Departments throughout the City request changes to the Bakersfield Municipal Code that are minor in nature. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors. This year, the following is a list of ordinances that are being recommended by Staff for changes: 1. BMC Sections 1.17.020, 1.17.030 and 1.17.040. The amendment to Section 1.17.020 adds annexation elections to subjects approved for all-mail elections. The statewide election language was repealed and Elections Code Section 1500 sets out the established dates; therefore, BMC Section 1.17.030 was amended to read accordingly. Section 1.17.040 was amended to refer to the Elections Code in general as Elections Code Section 4100 does not outline the procedures, and section 4000(c)(9) was deleted in the Elections Code. 2. BMC Section 2.76.130. This amendment corrects a reference to subsection 16 (instead of 15) of BMC Section 2.76.030. October 9, 2008, 2:58PM S:\COUNCILVidmins\OS-09 Admins\Clsenup of Ordinances.2ndRdg.doc ADMINISTRATIVE REPORT 3. BMC Section 3.40.070. This amendment requires that people liable for collection and payment of taxes imposed by the City to retain their tax records for three years (in contrast to two years), which is consistent with State law. 4. BMC Sections 10.24.010 and 10.24.020. The California State Legislature revised the California Vehicle Code effective January 1, 1997 to set the maximum speed limit at 65 mph on a two-lane divided highway and 55 mph on a two-lane, undivided highway. This amendment brings the municipal code into compliance with the Vehicle Code. 5. BMC Section 10.44.060. This amendment includes miscellaneous revisions to update street names and add additional streets. 6. BMC Section 10.48.010. The original wording of the ordinance may have given the wrong message regarding establishing crosswalks and it is probably from a past notion of many years ago when most people thought a crosswalk marking made the crossing somehow "safe" and the pedestrian did not have to take as much caution, etc. A marking on the road does not "magically" protect the pedestrian. Therefore, the words "particular hazard to pedestrians crossing the roadway" has been deleted from this section and the change "need to direct and guide pedestrians to a location to cross the roadway" has been incorporated. 7. BMC Sections 14.12.030 Subsection Y.2, 14.12.080 Subsection F, 14.12.220 Subsection B.22, and 14.12.390 Subsection B. These minor amendments include changing section numbers referred to in certain paragraphs, increasing the number of days to file reports, and changing the vernacular from zero to "non-detect" on discharge tests. 8. BMC Section 15.09.060. Our Bakersfield Municipal Code adopts the Uniform Plumbing Code. However, the City can and does allow for certain exceptions to the Plumbing Code. The attached sections are exceptions to the Plumbing Code and have been modified so they read more clearly. In addition, in light of the recent discussions concerning connection to the public sewer upon annexation, Staff is proposing to memorialize in writing, by way of this ordinance, what has always been City policy. 9. BMC Section 17.52.020 Subsection B and 17.54.020 Subsection B. This change removes an inconsistency with subsections A in both chapters, which already addresses uses within the combining zone. 10. BMC Section 17.60.060 Subsections B.6 and B.8. Section 17.60.060 Subsection B.6.b is deleted in its entirety as the referenced section no longer exists. Section 17.60.060 Subsection 6.8 will add Subsection c as this is something the City already does. JHR:dII October 9, 2008, 2:58PM S:\COUNCILVIdmins\OB-09 Admins\Clesnup of Ordinances.2ndRdg.doc AI{ [n~ ~y,CA pp,r rC U ~ ADMINISTRATIVE REPORT ~ ~~.,,.s LIFO MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: !~, `v , TO: Honorable Mayor and City Council APPROVED FROM: William R. Rector, Chief of Police DEPARTMENT HEAD t~~~ DATE: October 10, 2008 CITY ATTORNEY J~ CITY MANAGER ,~S SUBJECT: Resolution approving the donation of surplus Police Department equipment to the Federal Bureau of Investigation, for the consideration of $1.00. RECOMMENDATION: Staff recommends adoption of the resolution BACKGROUND: In November 2008, the Federal Bureau of Investigation (FBI) will be conducting a Large Vehicle Bomb School in Eastern Kern County. The purpose of this school is to train investigators how to reconstruct a scene after a bomb has been detonated. Part of the class is the detonation of a bomb inside a vehicle and then conducting a post blast reconstruction investigation. The FBI has offered the BPD two seats in the class, in exchange for providing a vehicle to be used as the subject for post blast investigation. The BPD would like to donate its armored bomb vehicle (#5449,a 1981 armored GMC van). This vehicle is not in running condition and is in the process of being replaced. The regulations for disposing of an armored vehicle are different from the City's normal disposition policy. The US Department of State's Foreign Affairs Manual, section 12 FAM 388(c), states "For security reasons, all armored vehicles must be destroyed. Approved disposal methods include: (1) burial at sea; (2) explosive demolition; (3) burning; (4) crushing; or (5) burial on U.S. Government controlled land." The only disposal method that might have monetary salvage value is crushing. At approximately $150/ton, this vehicle would be worth up to $1,690.00. However, by donating a vehicle to the FBI, the BPD will receive training it normally would not be able to easily obtain, as participation in these classes is very limited. 1lcitynas\homedirsldbranson\BPDIADMIN RPTSWDMIN RPTS FY 08-09WDMIN RPT - (10-22-08) BOMB TRK DONATION.doc Page 1 ADMINISTRATIVE REPORT MEETING DATE: October 22, 2008 AGENDA SECTION: Consent ITEM TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: October 3, 2008 SUBJECT: Property Abatements APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY CITY MANAGER 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. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on October 13, 2008, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 1. 610 Ferry Street 011-046-06 $ 300.00 2. 3314 Hale Street 172-042-04 $ 419.00 3. 106 Hayes Street 018-320-27 $ 400.00 4. 125 Hayes Street 018-340-20 $ 594.00 5. South of 132 L Street 010-321-30 494.00 October 8, 2008, 9:02AM S:\DanaWDMINS1200810ct\10-22-Property Abatements Code Enforcement.doc ADMINISTRATIVE REPORT Page 2 of 3 PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 6. 10 Milham Drive 139-431-08 $ 414.00 7. 207 S. Milham Drive 169-041-22 $ 1,300.00 8. 211 S. Milham Drive 169-041-20 $ 1,250.00 9. 913 P Street 009-162-09 $ 624.00 10. 1907 E. Planz Road 172-041-41 $ 425.00 11. 1120 Sylvia Drive 022-081-11 $ 300.00 12. 153 T Street 010-041-02 $ 800.00 13. 212 E. Terrace Way 169-104-20 $ 300.00 14. 712 White Lane 025-143-24 $ 650 00 15. 308 10"' Street 009-513-18 $ . 300.00 16. West of 311 E. 10"' Street 139-121-02 $ 399 00 17. 917 10th Street 009-162-19 $ . 399.00 Ward 2/Councilmember Sue Benham 18. 6405 Cochran Drive 331-182-11 $ 575.00 19. 417 Cypress Street 007-402-06 $ 674.00 20. 1330 Eureka Street 017-230-08 $ 300.00 21. 614 G Street 007-252-01 $ 725.00 22. 1125 Oregon Street 015-180-06 $ 799.00 rd 3/Councilmember Ken Weir 23. 2621 Cardinal Avenue 382-042-06 $ 488.00 24. 4101 Christmas Tree Lane 146-131-01 $ 414.00 25. 2807 Renegade Avenue 383-033-07 $ 300.00 26. 1224 University Avenue 021-270-13 $ 725.00 27. 2601 Vyn Drive 134-432-10 $ 600.00 28. 3409 Wenatchee Avenue 383-141-10 $ 400.00 29. 12110 Wimbledon Way 386-100-01 $ 300.00 Ward 4/Councilmember David Couch 30. 12301 High Country Drive 528-363-03 $ 484.00 31. 12808 Monterey Beach Drive 522-581-16 $ 600.00 32. 11912 Stellar Avenue 465-421-05 $ 424.00 Wa rd 5/Councilmember Harold Hanson 33. 507 Harvest Creek Road 501-191-05 $ 494.00 34. 5417 Vista Del Mar 497-551-18 $ 550.00 October 6, 2008, 9:06AM S:\DanaWDMINS\2008\Oct\10-22-Property Abatements Code Enforoement.doc ADMINISTRATIVE REPORT Page 3 of 3 PROPERTY LOCATION APN COST Ward 6/Coucilmember Jacg~ie Sullivan 35. 6304 Brooklawn Way 194-511-22 $ 700.00 36. 6605 High Peaks Drive 498-632-06 $ 424.00 37. 6617 High Peaks Drive 498-632-09 $ 490.00 38. 5219 Prairie Wheat Avenue 532-123-02 $ 420.00 39. 3113 Summer Side Court 441-160-31 $ 574.00 Ward 7/Councilmember Zack Scrivner 40. 2305 Brazil Avenue 514-643-04 $ 544.00 41. 2411 Brazil Avenue 514-641-03 $ 399.00 42. 6213 Derrick Street 372-273-04 $ 644.00 43. 8511 Estrela Court 514-683-16 $ 300.00 44. 3001 Grandview Lane 515-662-01 $ 544.00 45. 3303 Kathy Suzanne Way 514-183-36 $ 480.00 46. 2415 Macau Street 514-644-24 $ 400.00 47. 4400 Oldcastle Avenue 514362-22 $ 300.00 48. 2522 Paradise Point Place 515-761-11 $ 399.00 49. 6713 Peggy Way 516-052-13 $ 300.00 50. 2807 Pinheiro Court 514-663-28 $ 594.00 51. 6116 Ringsdale Court 371-362-16 $ 300.00 52. 2708 Shaded Canyon Place 515-695-11 $ 424.00 53. 2700 Silver Shore Lane 515-632-13 $ 399.00 54. 2513 Tocantins Street 514-544-14 $ 300.00 55. 2521 Tocantins Street 514544-12 $ 300.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. October 6, 2008, 9:06AM S:\DanaWDMINS\2008\OctN0-22-Property Abat~nents Code Enforcement.doc MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: y, c TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: October 5, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY Dl CITY MANAGER /~ SUBJECT: Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 615 consisting of 0.28 acres, located at East Berkshire Road, west of Madison Street. (Ward 1) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of 0.28 acres of roadway to the City of Bakersfield identified as Annexation No. 615, located at East Berkshire Road, west of Madison Street. The 20 foot wide strip of roadway at East Berkshire Road was inadvertently omitted from a previously approved annexation (known as Annexation No. 546, Hosking No. 11). The property owner is requesting annexation of this portion of East Berkshire Road to correct the oversight. The purpose of this annexation is to acquire the right- of-way necessary for the development of Tract 6585, located on the south side of East Berkshire Road and to provide for the public improvements that are necessary within the East Berkshire right-of-way. The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The proposal is to annex the roadway for development purposes. 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." DL:dc S:WnnexaUon\Res of ApplicWdmin Draf t615.doc ~-•-, •~• ~ ~ i ADMINISTRATIVE REPORT MEETING DATE: October 22, 2008 AGENDA~ECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 1, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution ordering the summary vacation of the public Road Easement as dedicated per Grant Deed 15542, book 2062 in page 1, located south of Casa Loma Drive and east of Lotus Lane. (Ward 1) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City has received a request for the vacation of the 30-foot wide public Road Easement as dedicated per Grant Deed 15542, book 2062 in page 1, (a County Road No. was not assigned). The road is located south of Casa Loma Drive and east of Lotus Lane. This road was not constructed. There are currently no existing dedications on the east or west of this dedication, between Lotus Lane and Cottonwood Road. The road was dedicated on April 1, 1953 and has never been used as a street and is not needed. The owner, Bakersfield Pacific Associates II, is developing the area and requests the road be vacated. This dedication is eligible for summary vacation per Section 8334 of the Streets and Highways Code which authorizes the City Council to summarily vacate an excess street right of way which is not needed for street purposes. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is no City sewer or storm drain facilities in the vacating area. The utility companies serving the area have been notified by mail. There has been no objection as of the date of this report. Notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has not received any written objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on October 3, 2008 per local ordinance and was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (Categorical Exemption), because there is no possibility that the action may have a significant effect on the environment. 10/2/08 G:\GROUPDAl1ADMINRPT\2008\10-22\ROI 1623 Summary Vacation Road Easement 15542 Admin.doc ~'i~ r~~ , ;~ 1~ ~ u r ~~~. ~~-,M~~~y E REPORT """`"'~ °~' ADMINISTRATIV >;:~i.j uE;;:~ :yv~ MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Javier Lozano, Human Resources Manager ~- DATE: October 8, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~~ ~~ CITY MANAGER BPS SUBJECT: Revised Job Specification and Change to Salary Schedule: 1) Amendment No. 1 to Resolution No.136-08 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Accountant II. 2) Revised Job Specification: Accountant II #57950 RECOMMENDATION: Staff recommends adoption of the resolution and approval of the revised job specification. BACKGROUND: The Finance Director is requesting the Accountant II job specification be revised to provide Accountants a pathway within the Finance Department to gain the supervisory experience necessary to eventually qualify for Accounting Supervisor and/or Business Manager. Both of these positions require a minimum of one year of supervisory experience. This is part of an effort to retain quality supervisory staff within the Finance Department. There will be no budgetary impact because the budgeted higher-level Accounting Supervisor position will be underfilled with an Accountant II. The revised job specification will be presented to the Miscellaneous Civil Service Board at the October 21, 2008 meeting. (mb) S:Wdmin Reports - 2008Wccountant II Job Spec Revision 10-2008.doc ~ ~ ~~ ADMINISTRATIVE REPORT MEETING DATE: October 22, 2007 AGENDA SECTION: Consent Calendar ITEM: ' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 9, 2008 Resolution of Intention No. 1624 to order the vacation of 17th Street between R Street and S Street. (Ward 2) AP ROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield is requesting the vacation of 82.5-foot wide 17th Street. The street section is located between "R" Street and "S" Street. The street is being vacated for the development of the Mill Creek Linear Park phase 5A. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there are no City sewer or storm drain facilities in the vacating area. The utility companies serving the area have been notified by mail. A 82.5-foot wide easement over 17th Street is being reserved for a pedestrian walkway. No objections were received as of the date of this report. Notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has received no objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on October 8, 2008 per local ordinance and was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of November 19, 2008, on the proposed vacation. 10/9/2008 G:\GROUPDAl1ADMINRPl12008\10-22\i ROI 1624 17th Street Vacation-Consent Calendar.doc A o,, f~ '~ Ch ° ADMINISTRATIVE REPORT ~. MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: ~e /~~ TO: Honorable Mayor and City Council FROM: Javier Lozano, Human Resources Manager DATE: October 10, 2008 APPROVED `~ ~ DEPAR TMENT HEAD CITY ATTORNEY CITY MANAGER ~ SUBJECT: Amendment No. 4 to Contract No. 97-39 with the Public Employees' Retirement System (PERS) 1. Resolution of Intention to approve an Amendment No. 4 to Contract No. 97-39 with the Board of Administration of the Public Employees' Retirement System. 2. Ordinance authorizing an Amendment to the Contract of Administration of the Public Employees' Retirement System to provide Section 21354.5 (2.7% ~ 55 Full Formula) and Section 20037 (Three-Year Final Compensation) for the local miscellaneous members. RECOMMENDATION: Staff recommends adoption of the Resolution of Intention and First Reading of the Ordinance. BACKGROUND: This amendment implements a recent negotiated item to the City's agreement with the Blue and White Collar, Miscellaneous Supervisory and Miscellaneous Management Units. The City of Bakersfield has a contract with the Public Employees' Retirement System (PERS) where the City contributes money for retirement benefits for each regular employee following a specified period of employment. Retirement benefits are based upon the contractual percentage, the number of years of service and the salary of an employee. The City costs are based upon these benefits. This Amendment under Section 20475 (Different Level of Benefits) of the PERS law, will amend the current PERS retirement formula for this group of employees from Section 21354.3, 3% ~ 60 to Section 21354.5, 2.7% ~ 55. This amendment will also amend the final compensation period from Section 20042, one year final compensation to Section 20037, a three year final compensation period. This Amendment will affect all new hires upon implementation of this amendment. A notice of Intention to amend our contract with PERS to allow this change to Section 21354.5 and Section 20037 must be made public twice by the City Council, and then it can be adopted after at least 20 days following the first reading of the Ordinance. BA O~ yeovo„r~~i's ADMINIST RATIVE REPORT ~ ~~~. LIFO MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: ~, f , TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: October 8, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~~ CITY MANAGER ~S SUBJECT: Contract with Sungard Public Sector, Inc. (SPS) for Service Support of Licensed Software in the amount of $190,040.51. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: SPS developed many of the software programs which the City runs on the AS/400 computer. Such programs include: Purchasing/Inventory; Payroll/Personnel; Accounts Receivable; Accounts Payable; Business Licenses; Utility Billing; Work Orders; Fire Records Management; Building Permits; Planning 8 Zoning; Park Reservations, etc. This amendment will ensure that SPS continues to update software and provide service for any problems encountered with these programs. The agreement calls for cone-time payment of $190,040.51 which will ensure support through July 31,2009. The amount of $190,040.51 is a $6,442.79 increase from the 07-08 fiscal year amount of $183,597.72 and reflects maintenance price increases by HTE and the City's purchase of additional modules. ~ A ADMINISTRATIVE REPORT ~~ u~ MEETING DATE: October 22, 2008 AGEND~aSECTION: Consent Calendar ITEM: I71 TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 6, 2008 APPROVED DEPARTMENT HEAD /yS CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with the County of Kern for transfer of the Breckenridge Planned Drainage Facility located east of Morning Drive and north of Pioneer Drive to the City. (Ward 3) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: In August of 1978 the County of Kern adopted the Breckenridge Planned Drainage Area (BPDA). Approximately 20 years ago the County acquired a 32.71 acre parcel of land located 1 %Z miles east of Morning Drive and % mile north of Pioneer Drive for Breckenridge Basin 2. Since then, a large portion of the BPDA has been annexed by the City of Bakersfield. With the rapid development in the Breckenridge area there now exists a need for the implementation of the BPDA. Public Works is working on a Capital Improvement Project to design and construct Breckenridge Basin 2. The County of Kern has agreed to transfer this property to the City of Bakersfield under the terms and conditions of the attached agreement. October 6, 2008, 11:41AM P:\MyFileslAdmin Reports\Breckenridge Sump.doc DMA/s A O~ ~coYPUq,. n S ~ ~ Cn ADMINISTRATIVE REPORT ~ ~~ u~ IFO MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: /~, ~ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 10, 2008 License Agreement with Southern California Gas Company for the relocation of a high pressure gas line across the Kern River (Ward 2). PP_ DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval of License Agreement. BACKGROUND: Southern California Gas Company has an existing 6 inch gas pipeline that crosses the Kern River on City property. Due to conflicts with the impending construction of the Westside Parkway Phase I (Mohawk Street, Rosedale Highway to Truxtun Avenue), this gas pipeline must be relocated. This License Agreement will allow the Southern California Gas Company to install, operate and maintain this gas pipeline in this new location. October 9, 2008, 10:24AM S:VIGREEMENTS\The GAs Company\SoCalGas Admin.doc MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: ~..~, TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: October 10, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 1~ 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. 2 to Agreement No. 07-299 with Jones and Stokes Associates, Inc. for ($14,315.00) for preparation of an Environmental Impact Report (EIR). 2. Appropriate $14,315.00 (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 comer of State Route 99 and Hosking Road is $207,535. This amendment to the contract with Jones and Stokes will increase the amount to total $221,850. No City funding is required for this contract. This increase is necessary to cover considerable comment letters for the EIR beyond what was originally anticipated. The funds to cover the consultant costs and staff's 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 20081EIR 07-0855 (Woodmont Bak LLP EIR)Wdm SR\Ad R Amend 2 to agreement.doc October 8, 2008 MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: October 10, 2008 APPROVED DEPARTMENT HEAD ~/~ .CITY ATTORNEY CITY MANAGER ~,S SUBJECT: Amendment No. 2 to Agreement No. 07-378 with T D Whitton Construction, Incorporated ($1,000,000, revised not to exceed $5,000,000) and extending the term to October 23, 2009 for the annual contract for street reconstruction and paving. (Citywide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On October 24, 2007, Council awarded the Annual Contract for street reconstruction and paving, in the amount of $2,000,000. Amendment No. 1 was executed on May 7, 2008 adding $2,000,000 to the contract to allow for maximum paving work to be completed during the paving season. The agreement allows for four (4) consecutive one-year extensions of agreement, if all parties agree. T D Whitton Construction has requested a unit cost increase consistent with the U.S. Department of Labor Producer Price Index and within the terms and conditions of the agreement. City staff approves the increase and wishes to extend the agreement for one year and add $1,000,000 to the cumulative contract amount. 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:~PURCHWDMINWnendmentsWmendment #2 to Agn3ement 07-378, T D Whjinon, AC for Street Reconstruction, October 22, 2008.doc October 10, 2008, 10:34AM A ~~! ADMINISTRATIVE REPORT c ~, 1 MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: !~, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 3, 2008 APPROVED si DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~' SUBJECT: Contract Change Order Nos. 1 - 3 to Agreement No. 08-062 with Granite Construction ($70,036.00 for a revised not to exceed amount of $8,165,652.00) for the project known as Allen Road Improvements between Ming Avenue and Stockdale Highway. (Ward 4) RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: This project provides for the construction of new roadway on the Allen Road alignment across the Kern River between Stockdale Highway and Ming Avenue. Contact Change Order No. 1 provides for providing flagging personnel for the safety of bike path users during the duration of the construction. In order to keep the bike path open and useable during the construction process, temporary construction crossings need to be established over the new and existing bike path. This will require flagging personnel to monitor and control potential traffic conflicts between users of the bike path and construction equipment. The contractor has agreed to provide the flagging personnel on a time and materials basis for an amount not to exceed $10,000.00. Contract Change Order No. 2 provides for providing a field office at the project site. The project specifications do not provide for furnishing a temporary field office for the City's construction management personnel which is necessary for storage of project files, materials, and equipment which are needed for the proper management and monitoring during the construction process. The contractor has agreed to provide for the cost of this field office for the duration of twelve (12) months for a lump sum price of $10,036.00. Contract Change Order No. 3 provides for early construction of the new bike path. The bike path in the area of the project needs to be realigned in order to conform to the construction of the new bridge and roadway; however, the project specifications do not provide for keeping the bike path open during construction. In order to keep the bike path open for all users for the duration of the project, the contractor must rephase their construction operations, change the alignment of the new bike path, construct temporary crossings for construction equipment, and clean the bike path twice a day. The contractor has agreed to do this work for the lump sum price of $50,000.00. A cost analysis has been done for this work and is on file. October 3, 2008, 9:38AM G:\GROUPDAIIADMINRP112008\10-22\CCOs 1 - 3 Allen Road Bridge and Improvements.doc ADMINISTRATIVE REPORT Change Order numbers 1 through 3 will provide a net cost increase of $70,036.00 to the project total (which is an increase of 0.09% of the original contract amount) as illustrated below: Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date _ $8,095,616.00 _ $8,165,652.00 _ $ 70,036.00 October 3, 2008, 9:38AM G:\GROUPDAT\ADMINRP112008\10-22\CCOs 1 - 3 Allen Road Bridge and Improvements.doc ~ , / ° ADMINISTRATIVE REPORT ~ ~.,Ls 9 IFO MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: y, r e TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: October 10, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S SUBJECT: Contract Change Order No. 10, 11, and 12 to Agreement No. 07-304 with Security Paving Construction ($80,045.41 for a revised not to exceed amount of $29,523,875.05) for the State Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 3). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route 178 at Fairfax Road and the extension of the freeway from 0.12 miles east of the Oswell Street overcrossing to approximately 0.19 miles west of Morning Drive. Change Orders No. 10 and 12 both involve revisions to the electrical systems for the project. At the time the project was bid, there were electrical details that were either not adequately defined in the project plans and specifications, or have been modified because of changed conditions at the site. These include PG&E utility connection points, and provisions necessary for temporary services to provide interim power to traffic systems during construction (safety lighting, traffic signalization, etc.). These change orders also move some electrical items needed for the project landscaping from the Landscape portion of the specifications to the Electrical portion of the specifications. Change Order No. 10 has a cost increase of $172,900.00, and Change Order No. 12 has a cost decrease of ($92,854.59) so that combined the net cost increase of these change orders is $80,045.41. Change Order No. 11 deletes the submittal of some contract documentation that Caltrans originally required the contractor provide. This contract documentation requirement has recently been suspended by Caltrans. This change order has no change in cost associated with it but since it is a change to the specifications, Caltrans requires there be a formal change order. The net cost increase of Change Order No. 10-12 is $80,045.41. This provides a total cost change order increase of $194,428.95 (which is a 0.67% increase from the original contract price) as illustrated below: • Current Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10 • Previous Change Orders = $ 114,383.54 • Current Change Order No. 10-12 = $ 80,045.41 • Amended Contract Agreement after Change Orders = $29,523,875.05 Net Increase to date = $ 194,428.95 Adequate state/federal funds have been previously budgeted to cover these additional costs. G:\GROUPDAIIADMINRPT\2008\10-22Wdmin Rpt CCO 10-12 Fairfax Interchange Project - 1.doc Project # T7K021 A ADMINISTRATIVE REPORT MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: /~ TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 8, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Sunrise Lighting Systems, Incorporated ($58,950.23) for decorative fixtures and poles for Aera Park. (Ward 4) RECOMMENDATION: Staff recommends acceptance of the bid- for decorative fixtures and poles. BACKGROUND: Invitations to Bid were sent to over two hundred (200) suppliers for decorative fixtures and poles for the Public Works Department, Engineering Division. Three (3) bids were received in response to solicitation and are as follows. BIDDER AMOUNT Sunrise Lighting Systems, Inc $58,950.23 Fresno, California South Coast Lighting ~ Designs $67,808.81 San Clemente, California Electric Lighting Company $82,422.21 Bakersfield, Califomia Staff finds the low bid to be acceptable and recommends award of the bid to Sunrise Lighting Systems, Incorporated, Fresno, Califomia in the amount of $58,950.23. Purchasing Division S:IPURCHWDMIMDecorative Fixtures and Poles, 08-09-19, October 22, 2008.doc A ADMINISTRATIVE REPORT MEETING DATE: October 22 2008 AGENDA SECTION: Consent Calendar ITEM: ~-, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director October 10, 2008 Resurfacing of Calloway Drive from Rosedale Highway to Meacham Road (Ward 4): 1) Accept bid and award contract to Burtch Construction ($687,329.83) for project. 2) Transfer $255,861 from a bud eted Public Works Department's Capital Improvement Project (Reconstruct amino Media) to the Calloway Road Widening Project within the Capital Outlay Fund. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S' RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of transfer. BACKGROUND: This pro ect consists of street pavement repair work, replacing traffic signal loops, resurfacing the existing roa~way and re-striping the roadway to provide three lanes of vehicle traffic and a bike lane In both directions. This project is funded with a combination of federal and local funds. On September 3, 2008, five acceptable bids were received as follows: Burtch Construction 18815 Hwy 65 in the amount of $687,329.83 Bakersfield, Ca 93308 (County) Cruco Construction Group, Inc 3000 James Road Fresno, Ca 93706 in the amount of (Out of town) $710,264.50 Maverick Asphalt, Inc 3131 W ear Street Bakersfield, Ca 93308 in the amount of (County) $731,076.22 Griffith Company 1898 South Union A e v nue Bakersfield, Ca 93307 in the amount of (City) $734,124.00 Granite Construction Company 3000 James Road Bakersfield, Ca 93308 in the amount of (County) $771,879.00 Additional funding is needed to award this contract. Staff recommends transfen-ing savings from the recently completed Camino Media Reconstruction project to the Calloway Road Resurfacing project to provide this additional funding. jf G:\GROUPDATWDMI NRPT12008\10-22\CallowayT3K107.doc A ADMINISTRATIVE REPORT MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD October 9, 2008 CITY ATTORNEY CITY MANAGER 1C~ Accept bid and award contract to A-C Electric Company ($66,000.00) for the Electrical Upgrade and installation of Emergency Generator at Fire Station No. 9. (Ward 5) RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project wilt allow Fire Station No. 9 to be upgraded with the installation of a new emergency generator, making it self-sufficient during emergencies and natural disasters. With installation of this generator, all Fire Stations will have emergency generators. Funding for this project is from the Capital Outlay Fund. The Engineer's Estimate was $111,000. SufFcient funds are budgeted to award this contract. Seven acceptable bids were received on September 25, 2008 as follows: A-C Electric Company in amount of $ 66,000.00 315 30~' Street Bakersfield, CA 93301 (City) Bronco Electric, Inc. in amount of $ 89,900.00 1711 Art Street Bakersfield, CA 93312 (City) V-Max Electric, Inc. in amount of $ 94,500.00 7812 Fruitvale Ave. Bakersfield, CA 93308 (County) Pavletich Electric & Comm., Inc. in amount of $ 98,900.00 6308 Seven Seas Bakersfield, CA 93308 (County) KcKoy Electric Company in amount of $109,700.00 2526 Hillcrest DR. #1 Los Angeles, CA 90016 Best Electric in amount of $118,300.00 2323 W. 8"' Street, Ste 103 Los Angeles, CA 90057 US Energy in amount of $144,000.00 6451 Box Springs Btvd. Riverside, CA 92507 October 14, 2008, 3:33PM G:IGROUPDAIIADMINRPl12008\10-22\Fire Station No. 9 Emergency Generator.doc WGM - Q5H004 MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ ~~ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director September 19, 2008 APPROVED DEPARTMENT HEAD__,,~a CITY ATTORNEY CITY MANAGER ~S Accept bid and award contract to Woeste Electric, Inc., ($113,316.84), for Traffic Signal and Lighting System Installation at Noriega Road and Verdugo Lane. (Ward 4) RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project consists of installation of a complete traffic signal and lighting system, modification of pavement markings and striping, and reconstruction of access ramps to meet current American with Disabilities Act (ADA) requirements. On September 17, 2008, three acceptable bids were received as follows: Woeste Electric, Inc 9435 4~' Street Grover Beach, Ca 93433 in the amount of Loop Electric, Inc 7040 Downing Avenue Bakersfield, Ca 93308 (County) in the amount of A-C Electric Company 315 30~' Street Bakersfield, Ca 93301 (City) in the amount of $113,316.84 $122,490:40 $134,302.70 PW/Design Engineering/kdb September 23, 2008, 1:57PM G:\GROUPDA'TIADMINRPT\2008\10-22\T8K142-Traffic Signal at Noriega Rd_Verdugo Ln.doc BAKE of ~~owPOA„~ RSA ~ -~ r~ J~.,,~p° ADMINISTRATIVE REPORT q~IFORr~ MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: ~ GJ, TO: Honorable Mayor and City Council APPR ED FROM: Javier Lozano, Human Resources Manager ,~ _ DEPARTMENT HEAD pr` DATE: October 8, 2008 CITY ATTORNEY !/ CITY MANAGER SUBJECT: Reclassification: Four (4) Fleet Mechanic I positions to Fleet Mechanic II -Fleet Division of the Public Works Department. RECOMMENDATION: Staff recommends approval. BACKGROUND: Raul Rojas, Public Works Director, has requested a review for possible reclassification of four (4) Fleet Mechanic I positions in the Fleet Division to Fleet Mechanic II assigned to the Corporation Yard. The review conducted by the Human Resources Division indicated there are four (4) Fleet Mechanic I employees working "out-of-class" on heavy equipment at the Corporation Yard. As per Article 23 of the Memorandum of Understanding with SEIU, Local 521, premium pay will be required if the positions are not reclassified. The review confirms that the incumbents are performing work well within the scope of the Fleet Mechanic II job classification. The majority of their work is on "heavy" equipment which is the distinguishing factor for a Fleet Mechanic II. Public Works has already included the salary adjustments in the 2008/2009 budget. Therefore, there is no budgetary impact. SEIU concurs with the proposed reclassifications. The reclassifications will be presented to the Miscellaneous Civil Service Board at their October 21, 2008 meeting. (mb) S:1Admin Reports - 20081FIeet Mechanic I to Fleet Mechanic II - Reclass 10-2008.doc ~o A, e ~ ~ I ADMINISTRATIVE REPORT c IF MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Dianne Hoover, Director of Recreation & Parks October 6, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Appropriate $1,422,700 Proposition 50 grant funds to the CIP budget within the Recreation Facility Fund for Kern River Upland and River Edge Restoration Project. (Ward 3). RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: In the November, 2002 election, Proposition 50 (the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002) was approved by the voters of California designating $100 million for the Acquisition, Restoration, Protection and Development of River Parkways. On September 13, 2006, the City Council adopted resolution 240-06 approving the application for Prop 50 grant funds and authorized the Recreation and Parks Department to execute all necessary documents to apply for funds. On January 25, 2008, the City received confirmation from the State of California Resources Agency that the Kern River Upland and River Edge Restoration Project was awarded funding in the amount of $1,422,700. The City is providing matching funds totaling $375,800 for a pedestrian bridge, earthmoving labor and equipment and planting labor for a total project cost of $1,798,500. These matching funds have already been appropriated in the 2008/2009 Agricultural Water fund. With this appropriation, the project will proceed with the implementation of improvements with Proposition 50 funds. The approved project involves restoration of 3,500 lineal feet of the Kern River beginning at Chester Avenue continuing westerly to the Union Pacific Railroad and encompassing 10.25 acres of land within the Kern River Parkway. The restoration of this section of the Kern River floodplain to its natural condition will provide the public opportunities to observe native plants and animals within their natural habitat. Grant project amenities include the following: Displays and signage Natural walking paths Overlook platforms Native shrubs, grasses and trees With approval of this appropriation, staff will begin engineering and construction immediately. October 7, 2008, 9:09AM:rlj S:\ADMINISTRATION DIVISIONWdmin Rpts\2008 Admins\Prop 50 Grant-Admin_10-22.doc m RAKE ~ O~ wcosrax„~ ~i ~ -'~' cn U ~~~,~P ° ADMINISTRATIVE REPORT '~llFO N\ MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: W. R. Rector, Chief of Police DATE: October 10, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: •Appropriate $31,448.00 Federal Grant Revenues (FY2009 Next Generation -Click It or Ticket Mini-Grant Program from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for seatbelt enforcement mobilization for the Traffic Division. RECOMMENDATION: Staff recommends approval of the proposed appropriation. BACKGROUND: On September 30, 2008 the Bakersfield Police Department was awarded $31,448.00 from the State Office of Traffic Safety (O.T.S.) for the FY2009 Next Generation -Click It or Ticket Mini-Grant Program. The purpose of the Click It or Ticket Mini-Grant is to increase the number of seatbelt enforcement hours during the state wide mobilizations in November 17-30, 2008, and May 18-31, 2009. During these mobilizations, the Bakersfield Police Department will be aggressively enforcing the state's occupant protection laws. The campaign relies on heavy enforcement and public education as a means to help California achieve the highest seat belt use rate in the nation. California currently has the nation's fourth highest seat belt use rate at 94.6 percent. \\citynas\homedirs\dbranson\BPDWDMIN RPTSWDMIN RPTS FY 08-09\ADMIN RPT - (10-22-08) 2008 OTS CLICK-IT-OR-TICKET GRANT (CT09027).doc 10/7/2008 9:37 AM Page 1 of 1 AKE . OF ~~oxvax,r~ ~.CtA `~ c ~,~P ° ADMINISTRATIVE REPORT qC! 0 MEETING DATE: October 22, 2008 AGENDA SECTION: Consent Calendar ITEM: y, Z , TO: Honorable Mayor and City Council APPROVED FROM: W. R. Rector, Chief of Police DEPARTMENT HEAD °~`~~ ~-~- ~~~ DATE: October 10, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $410,092.00 Federal Grant Revenues (DUI Enforcement Grant from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for traffic enforcement strategies and to purchase checkpoint supplies and services for the Traffic Division. RECOMMENDATION: Staff recommends approval of the proposed appropriation. BACKGROUND: On September 17, 2008 the Bakersfield Police Department was awarded $410,092.00 from the State Office of Traffic Safety (O.T.S.) for the DUI Enforcement and Awareness Program. The purpose of the DUI grant is to reduce the persons killed and injured in alcohol involved crashes by funding overtime to conduct "best practice" enforcement strategies. The grant period is one year. The grant also provides funding for the purchase of checkpoint supplies and checkpoint related services. The funded strategies, supplies and services include: • DUI/Driver's License Check Points • DUI Saturation Patrols • Development of a "Hot Sheet" to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions. • Warrant sweeps, stakeouts and court "stings" to focus on DUI offenders with suspended or revoked driver licenses who get behind the wheel after leaving court. • Voluntary compliance with traffic laws by generating publicity throughout the grant period. • Travel Expenditures for OTS Training • Phlebotomist services at DUI checkpoints • Checkpoint supplies • Educational Materials \\citynas\homedirs\dbranson\BPDWDMIN RPTSWDMIN RPTS FY 08-09WDMIN RPT - (10-22-08) 2008 OTS ALCOHOL GRANT (AL0921).doc 10/6/2008 4:53 PM Page 1 of 1 A ~ ~ ~ ADMINISTRATIVE REPORT ~. L1F0 MEETING DATE: October 22, 2008 AGENDA SECTION: Presentations ITEM: D , Q TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: October 10, 2008 APPROVED DEPARTMENT HEA ~- CITY ATTORNEY CITY MANAGER BPS SUBJECT: Presentation by Mayor Hall of Proclamation to Bill Cooper and Rich O`Neil, declaring October 23, 2008, "Bill Cooper and Rich O'Neil Day", in honor their being awarded the 2008 National Voluntary Service Award from the National Recreation and Parks Association. RECOMMENDATION: BACKGROUND: ndw October 10, 2008, 2:41 PM V:WIAYORWDMIN\2008\RECREATION AND PARKS MONTH dot BaKER O~~COPPOk~pO ° ADMINISTRATIVE REPORT C' ~~t~ gLtr o ~ MEETING DATE: October 22, 2008 AGENDA SECTION: Presentations ITEM: / (~., h TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD - 7 DATE: October 15, 2008 CITY ATTORNEY ° CITY MANAGER l~.d SUBJECT: Presentation from Honorable Mayor Harvey L. Half to Dianne Hoover, Recreation and Parks Director, in Recognition of Agency Accreditation by the National Recreation and Park Association RECOMMENDATION: BACKGROUND: October 16, 2008, 7:35AM:kt S:WDMINISTRATION DIVISIONWdmin Rpts\2008 AdminsWccreditation _10-22.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 8, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan (seated at 5:18 p.m.), Scrivner Absent: None 2. PUBLIC STATEMENTS Tom Russell spoke regarding the Kimberly Avenue sewer hookup, and suggested postponing the vote on the annexation for another year. 3. WORKSHOPS a. Update on the Wastewater Treatment Plant 3 Expansion and Upgrade Construction Project Public Works Director Rojas made staff comments then introduced Wastewater Manager Chianello who made a computer presentation. b. Overview of the "Life Interrupted" Program Police Chief Rector made staff comments and introduced Detective Cegielski who provided background information about the Program. Police Chief Rector recognized the families, staff, Lt. Moore, Officer Davenport and Officer Wells for their involvement with the Program. Police Chief Rector invited everyone to view the "Life Interrupted" vehicle outside. ACTION TAKEN Councilmember Sullivan requested to be put on an a-mall list to be notified when the high school presentations will occur so she can attend. Bakersfield, California, October 8, 2008 -Page 2 4. CLOSED SESSION RECONVENED MEETING - 6:38 p.m. 5. 6. 7. a. Conference with Legal Counsel -Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. (One potential case) Motion by Vice-Mayor Hanson to adjourn to Closed Session, following City Council's viewing of the "Life Interrupted" vehicle outside in front of City Hall, at 5:46 p.m. Motion by Councilmember Couch to adjourn from Closed Session at 6:24 p.m. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None INVOCATION by Pastor Pam Fine -Wesley United Methodist Church. PLEDGE OF ALLEGIANCE by Haley Witt, 7th grade - St. Francis School. ACTION TAKEN Mayor Hall recognized students from Mr. Rodriguez' Government Class at Bakersfield College and those from Ridgeview High School in attendance at the meeting. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel -Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. (One potential case) PRESENTATIONS a. Presentation of the Helen Putnam Award in the category of Public Safety by Hilary Baird, League of California Cities, to the Police Department for the "Life Interrupted" Program. CITY ATTORNEY GIVEN DIRECTION Hilary Baird made comments, showed a video, and presented the Award. Bakersfield, California, October 8, 2008 -Page 3 9. PRESENTATIONS continued Item 9.a. continued Police Chief Rector accepted the Award, and recognized the families and officers involved with the Program. b. Presentation by Mayor Hall of Proclamation to Paula Mande, proclaiming October 2008 as "White Cane Awareness Month" in Bakersfield. Paula Mande, representing the Center for the Blind and Visually Impaired, accepted the Proclamation and made comments. 10. PUBLIC STATEMENTS None. 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 17, 2008 Regular City Council Meeting. Payments: ACTION TAKEN b. Approval of department payments from September ABS WEIR 5, 2008 to September 25, 2008 in the amount of $30,537,549.78 and self-insurance payments from September 5, 2008 to September 25, 2008 in the amount of $360,558.85. Ordinances: c. First Reading of Ordinance amending Sections FR 1.12.010, 1.12.040, 1.12.050, 1.12.060 and 1.12.070 by adding Annexation No. 551 consisting of 0.85 acres located on the east side of Cottonwood Road, north of Pacheco Road to Ward 1; Annexation 491 consisting of 40.28 acres located north of Snow Road, between Calloway Road and Allen Road to Ward 4, Annexation No. 602 consisting of 1.7 acres, located on the north side of Taft Highway and west of Gosford Road to Ward 5, Annexation No. 525 consisting of 32.54 acres located at the southeast corner of Taft Highway and Ashe Road and Annexation No. 576 consisting of Bakersfield, California, October 8, 2008 -Page 4 12. CONSENT CALENDAR continued ACTION TAKEN Item 12.c. continued 26.11 acres located at the southwest corner of Ashe Road and Taft Highway to Ward 6; and Annexation No. 570, consisting of 21,071 square feet located on Southgate Drive, between South "H" and South Union Avenue to Ward 7. d. First Reading of the following Ordinances: 1. Ordinance amending Sections 1.17.030 and FR 1.17.040 relating to elections. 2. Ordinance amending Section 2.76.130 FR relating to resolution of impasses. 3. Ordinance amending Section 3.40.070 FR relating to records retention. 4. Ordinance amending Sections 10.24.010 FR and 10.24.020 relating to speed zones. 5. Ordinance amending Section 10.44.060 FR relating to truck routes. 6. Ordinance amending Section 10.48.010 FR relating to crosswalks. 7. Ordinance amending Sections 14.12.030 FR Subsection Y.2, 14.12.080 Subsection F, 14.12.220 Subsection B.22 and 14.12.390 Subsection B relating to sewers. 9. Ordinance amending Section 17.52.020 FR Subsection B and 17.54.020 Subsection B relating to zoning. 10. Ordinance amending Section 17.60.060 FR Subsections 6.6 and B.8 relating to sign development standards. e. First Reading of Ordinance amending Section FR 15.09.060 relating to sewers required. 12. Bakersfield, California, October 8, 2008 -Page 5 CONSENT CALENDAR continued ACTION TAKEN Adoption of Ordinance amending Section 17.06.020 ORD 4531 (Zone Map No. 122-12) of the Municipal Code by changing the zoning from P.U.D. (Planned Unit Development) to R-1/P.U.D. (One Family Dwelling/Planned Unit Development) on 93.55 acres located at the northeast corner of White Lane and South Allen Road (ZC 08-0594 -McIntosh and Associates representing Castle and Cooke Development). g. Adoption of Ordinance Amending Chapter 15.84 of REMOVED FOR the Bakersfield Municipal Code Relating to a SEPARATE Transportation Impact Fee on new development. CONSIDERATION Resolutions: h. Resolution adopting an amended Conflict of Interest RES 169-08 Code for City departments. i. Purchase of Slide Gates & Operators for Mill Creek ABS COUCH Linear Park Project Phases 4 8 5 1. Resolution determining that slide gates & RES 170-08 operators for the project cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $170,000. 2. Agreement with Waterman Industries, AGR 08-161 ($169,575.12) for the purchase of slide gates & operators. Resolution amending the official list of designated REMOVED FOR speed zones, pursuant to Sections 22357 and SEPARATE 22358 of the California Vehicle Code and Chapter CONSIDERATION 10.24 of the Municipal Code. k. 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 5-53 (Redbank, Glebe SW) RES 172-08 2. Area 5-54 (S Fairfax, Redbank SE) RES 173-08 3. Area 4-87 (Chester Avenue E. between 36th RES 17408 8 38th) Bakersfield, California, October 8, 2008 -Page 6 12. CONSENT CALENDAR continued ACTION TAKEN Item 12.k. continued 4. Area 3-80 (Panama, Gosford SW) RES 175-08 5. Area 5-55 (Panama, Cottonwood SE) RES 176-08 6. Area 5-56 (8601 S. "H" Street) RES 177-08 RES 178-08 7. Area 5-57 (Massey, E. Pacheco) I. Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the city identified as: 1. Annexation No. 596 consisting of 50.12 RES 179-08 acres located at the southwest corner of Washington Street and Belle Terrace. 2. Annexation No. 598 consisting of 30.26 RES 180-08 acres located on the north side of Washington Street, north of Casa Loma Drive. 3. Annexation No. 603 consisting of 77.31 RES 181-08 acres located on the south side of Seventh Standard Road, on the east and west side of Verdugo Lane. m. Amendment No. 1 to Resolution No. 076-08 RES 076-08(1) establishing the South Mill Creek Underground ABS COUCH Utility District, District 2, Division 32. n. Amendment No. 1 to Resolution No. 170-94 RES 170-94(1) approving the destruction of certain obsolete city records, documents, instructions, books and papers, pursuant to Section 34090 et. seq. of the Government Code -City Clerk's Office. Agreements: o. 2009 Health Care Contracts 1. Agreement with Anthem Blue Cross for AGR 08-162 Indemnity Health and Dental Services 2. Agreement with Anthem Blue Cross HMO for AGR 08-163 medical services for active employees and retirees. Bakersfield, California, October 8, 2008 -Page 7 12. CONSENT CALENDAR continued Item 12.0. continued 3. Agreement with Anthem Senior Secure for the Medicare Risk Plan -Senior Secure for retirees. 4. Amendment No. 4 to Agreement No. 05-417 with Kaiser Permanente -Managed Care Health Plans for medical services for employees. 5. Amendment No. 4 to Agreement No. 05-418 with Kaiser Permanente -Managed Care Health Plans for medical services for retirees. 6. Amendment No. 3 Agreement No. 05-419 with Medical with Medical Eye Services (MES) for vision services. 7. Amendment No. 3 to Agreement No. 05-420 with Pacific Union Dental for pre-paid dental services. 8. Amendment No. 3 to Agreement No. 05-421 with Dedicated Dental Systems, Inc. for pre- paid dental services. 9. Amendment No. 3 to Agreement No. 05-422 with PacifiCare Behavioral Health of California-for Employee Assistance Program (EAP). 10. Amendment No. 3 to Agreement No. 05-423 with PacifiCare Behavioral Health of California for emotional health care service. 11. Amendment No. 2 to Agreement No. 06-337 Independent Contractors Agreement with Fort Dearborn Life Insurance Company for employee life insurance. 12. Amendment No. 1 to Agreement No. 08-019 Independent Contractors Agreement with HealthComp, Inc. for any employee un- reimbursed medical expenses and dependent care expenses under the IRS Section 125. ACTION TAKEN AGR 08-164 AGR 05-417(4) AGR 05-418(4) AGR 05-419(3) AGR 05-420(3) AGR 05-421(3) AGR 05-422(3) AGR 05-423(3) AGR 06-337(2) AGR 08-019(1) Bakersfield, California, October 8, 2008 -Page 8 12. CONSENT CALENDAR continued p. Right Turn Channelization on Mt. Vernon at State Route 178: Agreement with Pacific Gas & Electric (PG&E) (not to exceed $84,000) for the relocation of an existing underground transformer. 2. Appropriate $84,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget. ACTION TAKEN AGR 08-165 q. Agreement with Bakersfield Redevelopment Agency AGR 08-166 ($50,000) to purchase property located east of P/Q DEED 6967 Streets and south of the B.N.S.F. railroad tracks for ABS COUCH an easement on the 1.95 acre linear parcel shall be retained by the City. City Physician Services' Agreements: 1. Agreement with Central Valley Occupational AGR OS-167 Medical Group, Inc. (not to exceed $100,000 annually). 2. Agreement with Vernon C. Sorenson, M. D. AGR 08-168 dba Memorial Occupational Medicine (not to exceed $100,000 annually). Agreement with Kern Regional Foundation (not to AGR 08-169 exceed $500,000) of Home Investment Partnership Funds (HOME) to be used to assist low income special needs families with home ownership at 609 Taylor Street. t. Agreement with County of Kern and Bakersfield Association of Retarded Citizens (BARC) for $300,000 of Community Development Block Grant funds to construct an Industrial Training Facility at 2240 South Union Avenue. u. Settlement Agreement with Sunray Petroleum, Inc. ($2,088,000.00) for the reimbursement of costs to relocate facilities being impacted by the Westside Parkway Project within the Fruitvale Oil Field, Red Ribbon Ranch Lease located west of Mohawk Street south of Rosedale Highway and north of the Kern River. AGR 08-170 AGR 08-171 Bakersfield, California, October 8, 2008 -Page 9 12. CONSENT CALENDAR continued ACTION TAKEN v. Agreements to purchase real property located on the east side of Mohawk Street south of the BNSF railroad for the Westside Parkway: 1. Robin C. Leonard, Trustee of the Leonhard AGR 08-172 DEED 6968 Exemption Trust created U/D/T dated January 9, 1990 for $150,270.09. AGR 08-173 2. Patricia Burns Gebhardt for $5,574.93. DEED 6969 w. Assignment and Assumption for Agreement No. 97- AGR 08-174 109 and Amendments from Restoration Community ABS COUCH Project, Inc. to Bethany Services Inc. for the provision of transitional housing services at 721 8~ 725 8th Street. Amending Agreement No. PW 08-094 with M.H. AGR 08-175 Wolf & Associates Environment Consulting Inc. ($37,899.00; total not to exceed $77,643.00) for biological consulting on the Allen Road Bridge. y. Amendment No. 1 to Agreement No. 76-61 with AGR 76-61(1) Kern-Tulare Water District and Agreement No. 76- AGR 76-63(1) 63 with Rag Gulch Water District to consent to Assignment and Consolidation of Agricultural Water Contracts. z. Amendment No. 1 to Agreement No. 07-367 with Ennis Paint, Incorporated ($110,000 revised not to exceed $220,000) and extending the term to October 9, 2009 for the annual contract for traffic paint. aa. Amendment No. 2 to Agreement No. 06-324 with RM Industries ($80,000; not to exceed $240,000) extending the term for one year and for janitorial and hardscape maintenance for the Amtrak Station. bb. Amendment No. 3 to Agreement No. 04-003 to assign interest from Maya Cinemas North America, Inc. to Maya Bakersfield, LLC and to incorporate a non-exclusive easement to the City and public in general for ingress and egress over portions of the Maya Cinema complex main access drives. cc. Amendment No. 1 to Agreement No. 08-130 with Soils Engineering, Inc. ($17,352; not to exceed $890,472) to clean-up City owned property at 1433 Union Avenue (former Navy Oil site). AGR 07-367(1) AGR 06-324(2) AGR 04-003(3) ABS COUCH AGR 08-130(1) Bakersfield, California, October 8, 2008 -Page 10 12. CONSENT CALENDAR continued dd. Wastewater Treatment Plant #3 - 2007 Expansion Project: Contract Change Order No. 2 to Agreement No. 07-302 with Kiewit Pacific Corporation ($335,852; revised not to exceed $211, 526,017.00). 2. Transfer $505,017 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department's Capital Improvement Budget. ee. Contract Change Order No. 2 to Contract No. 07- 402 with Parsam Construction, Inc. ($80,237.77; revised total not to exceed $840,822,51) for the project known as CBK-47 & 49 Block Pump Houses, in the vicinity of Pensinger Road & Buena Vista Road and Panama Lane & Progress Road. ACTION TAKEN AGR 07-302 CCO 2 AGR 07-402 CCO 2 ff. Contract Change Order No. 3 to Agreement No. 08- AGR 08-039 039 with V Lopez and Sons, Inc. ($18,154.55; CCO 3 revised total not to exceed $840,922.95) for Streetscape and Storm Drain Improvements - 19th Street at Eye Street Project. Bids: gg. Accept bid from Jim Burke Ford ($89,226.98) for one (1) replacement 19,000 GVW service truck for Water Resources Department. hh. Accept bid from Jim Burke Ford (total $94,575.73) for three (3) replacement four-door police special sedans ($71,215.74) and one (1) replacement four- door police special administration sedan ($23,359.99) for the Police Department. ii. Accept bid from Gibbs International, Inc. ($613,175.63) for three (3) replacement sewer cleaner jet rodder trucks for the Streets Division. Accept bid and award contract to Carvalho AGR 08-176 Construction, Inc. ($549,999) for the Park at River Walk Maintenance Facility. Bakersfield, California, October 8, 2008 -Page 11 12. CONSENT CALENDAR continued ACTION TAKEN kk. Traffic Signal and Lighting System Installation at the Intersection of Brimhall Road and Verdugo Lane: 1. Accept bid and award contract to Woeste AGR 08-177 Electric ($134,256.95) for project. 2. Appropriate $15,000 Transportation Development Fund balance to the Public Works Department's Capital Improvement Budget. II. Reject all bids for the Bakersfield Liquefied Natural Gas (LNG/Compressed Natural Gas (CNG) Fueling Facility Project. Miscellaneous: mm. Department of Housing 8 Urban Development (HUD), HOME Investment Partnership Action Plan Amendment No. 5 (FY 07/08). nn. Ditch Eradication and Pipeline Easement with R & L AGR 08-178 Carter Properties, LLC Robert Kevin Witcher and DEED 6970 Caryl Ann Witcher, Trustees of the Witcher Family DEED 6971 Trust for property located west of Patton Way and DEED 6972 north of Meany Avenue. City Clerk McCarthy announced a correction to item 12.d. to include amending Section 1.17.020 to the Ordinance. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 12.b. Councilmember Couch announced he would abstain due to conflict, potential source of income to himself and his employer, on item 12.i., 12.m., 12.q., and 12.bb. Councilmember Couch announced he would abstain to avoid the appearance of a conflict or any impropriety, on item 12.w. face-Mayor Hanson announced Item 12.g., as requested by Councilmember Couch, and Item 12 j., as requested by Councilmember Carson, would be removed for separate consideration. Motion by ice-Mayor Hanson to approve Consent APPROVED Calendar items 12. through 12.nn., with the removal of items 12.g, and 12. j. for separate consideration. Bakersfield, California, October 8, 2008 -Page 12 12. CONSENT CALENDAR continued ACTION TAKEN g. Adoption of Ordinance Amending Chapter 15.84 of the Bakersfield Municipal Code Relating to a Transportation Impact Fee on new development. Motion by Vice-Mayor Hanson to approve Consent Calendar item 12.g. Resolution amending the official list of designated speed zones, pursuant to Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal Code. 13. Motion by Councilmember Carson to approve Consent Calendar item 12 j. CONSENT CALENDAR HEARINGS None. 14. HEARINGS None. 15. REPORTS None. 16. 17. 18. DEFERRED BUSINESS None. NEW BUSINESS None. COUNCIL AND MAYOR STATEMENTS Councilmember Benham asked staff to report back confirming whether the City has an ordinance requiring a developer to post bond before receiving a grading permit to cover the cost of restorfng the area to its natural state in the event the development fails, explainfng how the amount of the bond is established and confirming that the City is collecting the bond proceeds; or if the City does not require a bond; and, if the City is not enforcing the ordinance, the reason why. ORD 4532 APPROVED NS CARSON, COUCH RES 171-08 APPROVED Vice-Mayor Hanson asked Recreation and Parks Director Hoover to explain the process to repair a damaged City- owned block wall. Bakersfield, California, October 8, 2008 -Page 13 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Vice-Mayor Hanson asked staff to put together a comprehensive report on costs, expenses, time, and the nature of the job for repairing City-owned block walls. Vice-Mayor Hanson asked staff to look into the feasibility of putting reflectors to improve the nighttime visibility of the divider on the north side of New Stine south of Stockda/e Highway. Vice-Mayor Hanson asked staff to look into the concerns of Bob Decker regarding the Allen Road Bridge project, and provided correspondence. Vice-Mayor Hanson asked staff to review correspondence from the American Red Cross regarding their tax exemption status. Councilmember Couch submitted a letter from a constituent commending police officers for a job well done. Councilmember Couch asked staff to look at how to use the Kern River water and the river channel more efficiently, and allowing a firming up of future water supplies for AG contractors and users, and the possibility of getting all parties together to talk about what the future contract might look like and how to get more water in the river at the same time. Councilmember Couch handed in referrals for staff to look into and possibly respond to. Councilmember Couch asked staff to look into the feasibility of City participation in the Allen and Hageman Grade Separation, similar to the type of arrangement that exists at Highway 99 and Seventh Standard Road with the County of Kern, the City of Shaffer, and the City of Bakersfield. Councilmember Carson asked staff to check into the height of the fence at Lowell Housing to determine if it is tall enough and provides enough safety. Councilmember Sullivan asked staff to check info the deteriorating sidewalk at Hanover Circle. Councilmember Sullivan expressed her concerns about the trash along the freeways and on-ramps, and urged everyone to dispose of litter properly. Bakersfield, California, October 8, 2008 -Page 14 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan asked staff to talk to Caltrans regarding the weeds, lack of water, and poor road condition from the Ming Avenue on ramp down to Highway 99, and ask them to move that area up higher on their list to repair. 19. ADJOURNMENT Mayor Hall adjourned the meeting at 7:20 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield