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HomeMy WebLinkAbout11/05/08_CC_AGENDA_PACKET^_ BAKERSFIELD CITY COUNCIL • AGENDA -~ ,~~r° MEETING OF NOVEMBER 5, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m. (15 min) REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS a. Report on Bakersfield Redevelopment Agency Tax Allocation Bond Financing (Staff presentation by Donna Kunz, Economic Development Director) 4. CLOSED SESSION a. Public Employee Performance Evaluation -City Attorney; Closed Session pursuant to Government Code Sections 54957(b)(1)/54957.6 RECONVENED MEETING -approximately 6:30 p.m. 5. ROLL CALL a. Introduction of Student Body Representatives participating in the 54th consecutive "Teen City Government Day". 6. INVOCATION by Father John Riebe, All Saints Anglican Church. 7. PLEDGE OF ALLEGIANCE by Taryn Craig, 5th Grade, Highland Elementary. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Andrea Gonzales, Faith in Action Kern County Executive Director, proclaiming November 6th as "Our Community in Harmony Day" in Bakersfield. b. Presentation by Mayor Hall of Proclamation to Monica Buchanan, Claim Section Manager, State Farm Insurance, proclaiming November 13th as "The Great Southern California ShakeOutDay" in Bakersfield. 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 22, 2008 Special Joint City/County Meeting and the October 22, 2008 Regular City Council Meeting. 12. CONSENT CALENDAR continued Payments: b. Approval of department payments from October 10, 2008 to October 23, 2008 in the amount of $19,434,076.54 and self-insurance payments from October 10, 2008 to October 23, 2008 in the amount of $220,747.97. Ordinances: (Ward 3) (Ward 1) c. First reading of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103-22) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 8.41 acres located on the north side of Mall View Road, south of Highway 178, approximately 1/4-mile west of Oswell Street. (ZC #08-0472 - KSA Group Architects representing Gardens at East Hills, LLC) d. First reading of an Ordinance amending Municipal Code Section 1.12.010 by adding Annexation No. 581 consisting of 77.72 acres, located on the east side of Fairfax Road, south of Redbank Road to Ward 1. Resolutions: e. Resolution setting the dates of Regular City Council Meetings, Budget Hearings and Department Presentations for January through December 2009. Agreements: Assignment of Regional Surface Transportation Program (RSTP) funds: Agreement with City of McFarland ($157,671.81 to acquire $242,572 of RSTP funds) for assignment of funds. 2. Transfer $157,672 from a budgeted Public Works Department's Capital Improvement Project (Resurfacing Street Division 08-09) within the Capital Outlay Fund to fund this agreement. (Ward 2) (Ward 3 & 4) g. Pipeline License Agreement with the Burlington Northern and Santa Fe Railway Company (BNSF) for the construction of an eighteen inch water line. h. Tract Map and Improvement Agreements 1. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Parcel Map 11192 Phase 1 located north of Stockdale Highway and east of Allen Road. 2. Final Map and Improvement Agreement with Rykal Bakersfield, LLC, for Parcel Map 11784 located north of Brimhall Road and east of Jewetta Avenue. 3. Final Map and Improvement Agreement with McMillin Tuscany, LLC, for Tract 6569 located north of Kern Canyon Road and east of Miramonte Drive. (Ward 2) Agreement with Homeless Intervention Services, Inc. ($62,000) of Emergency Shelter Grant funds to support the operating costs for facility located at 816 E. 21st Street. 2 City Council Meeting of 11/05/2008 12. CONSENT CALENDAR continued (Ward 1) j. Agreement with Bakersfield Senior Center, Inc. ($65,000) of Community Development Block Grant funds for operational expenses at 530 4th Street. (ward z) k. Agreement with Alliance Against Family Violence and Sexual Assault ($15,300) of Emergency Shelter Grant funds to support the operating costs to continue services at 1600 E. Truxtun Avenue. (Ward 2) I. Agreement with Bethany Services/Bakersfield Homeless Center ($62,000) of Emergency Shelter Grant funds to support the operating costs necessary to continue services at 1600 East Truxtun Avenue. (Ward 3) m. General Plan Amendment/Zone Change No. 06-1722 (Rio Bravo Ranch Project) 1. Amendment No. 1 to Agreement No. 07-174 with RBF Consulting ($23,879) for preparation of an Environmental Impact Report. 2. Appropriate $23,879 (developer's contribution) to the Development Services Operating Budget in the General Fund for the EIR consultant. n. Amendment No. 1 to Agreement #PD 08-003 with Master K-9, Inc. ($33,662.50; not to exceed $42,998) for the purchase of police dogs, basic handlers training and basic narcotics detection training. Bids: (ward 2> o. Accept low bid and award contract to Kern Pacific Construction Company ($573,540) to construct the Friant-Kern Canal Liner Replacement Project (TRIP). (Ward 5) p. Accept base bid plus additive alternate 1 and award contract to S.C. Anderson Inc. ($2,969,097) for Fire Station No. 14. Miscellaneous: (Ward 3 & 7) q. Traffic Signal and Lighting System Installation -Panorama Drive and Meadow Vista Street /Berkshire Road and Wible Road: Appropriate $143,000 federal Congestion Management Air Quality (CMAQ) funds for the project at Panorama Drive and Meadow Vista Street and $143,000 federal CMAQ funds for the project at Berkshire Road and Wible Road to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. 2. Transfer $75,000 from a budgeted Public Works Department's Capital Improvement Project (Miscellaneous Concrete Construction) to the project at Berkshire and Wible Road within the Gas Tax Fund for the City's local match. Appropriate $2,462 contributions made by local residents via the Bakersfield Foundation to the Park's Department Operating Budget within the General Fund for the purchase and installation of a dog water fountain at University Park. s. Appropriate $2,175,000 fund balances to the Operating Budgets within various special assessment funds to facilitate advance redemption of Assessment Bonds. Staff recommends adoption of Consent Calendar items a through s. 3 City Council Meeting of 11/05/2008 13. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution approving and adopting an adjustment to the Street Cut Workmanship and Performance Warranty Fee (fee proposed to increase from $19.90 per lane-foot to $20.66 per lane-foot; 3.84% increase). (Staff recommends adoption of resolution.) b. Public Hearing to consider PG&E Gas and Electricity Franchise Renewals(Staff recommends adoption of the ord/nances and approval of the agreement.) 1. Adoption of Ordinance granting PG&E a franchise for distribution electricity within the City. 2. Adoption of Ordinance granting PG&E a franchise for distributing gas within the City. 3. Memorandum of Understanding - PG&E Rule 20A Undergrounding 14. HEARINGS 15. REPORTS 16. DEFERRED BUSINESS 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, Q ~~ Alan Tandy City Manager ~a2sioa a:ao PM 4 City Council Meeting of 11/05/2008 AGENDA HIGHLIGHTS November 5, 2008 COUNCIL MEETING REGULAR MEETING - 5:15 g.m. WORKSHOPS The Economic Development Director will provide an overview of proposed bond financing to provide funding for various redevelopment activities and infrastructure improvements within and directly adjacent to the Millcreek area. CLOSED SESSION The City Attorney's Pertormance Evaluation will be discussed. CONTINUATION OF REGULAR MEETING - Aporoximately 6.30 ~ m CONSENT CALENDAR Ordinances Item i2c. First Reading of an Ordinance AoprOVina a Negative Declaration and Amending the Municipal Code by Changing the Zoning From R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 8 41 Acres Located on the North Side of Mall View Road. South of Hiahwav 178. Approximately 1/4 -Mile West of Oswell Street The purpose for this request is to bring the zoning into conformance with the Major Commercial General Plan Land Use designation on the identified property and to facilitate future commercial development of the property. The project area is intended to be developed as amulti-screen theater. The existing theater within East Hills Mall will be remodeled for retail space. The Planning Commission held an advertised public hearing on this zone change request on October 2, 2008 and is recommending adoption by the City Council. No one spoke in opposition to the project at the Planning Commission hearing. Agreements Item 12f. Assignment of R~aional Surface Tran,~oriration Program (RSTP) Funds. This agreement allows for the City of McFarland to assign its RSTP funds ($242,572) to the City of Bakersfield in exchange for a payment of $157,671.80. This exchange would result in a net increase in funding to the City of Bakersfield of $84,900.20. The City of McFarland has agreed to this exchange because they currently have no projects that qualify for use of RSTP funds. The Kern Council of Governments, which is responsible for apportioning RSTP funds to communities throughout Kern County, has already approved this exchange. Staff recommends transferring current year resurtacing funds in the amount of $157,672 to fund this agreement. Bids Item 120. Accept Low Bid and Award Contract to Kern Pacific Construction Company to Construct the Friant-Kern Canal Liner Replacement Proiect in the amount of $573.540. The Westside Parkway Project will include an overcrossing for the Friant-Kern Canal. To minimize future maintenance of the canal beneath the Westside Parkway overcrossing, the existing concrete canal liner in the vicinity of the overcrossing will be replaced with a thicker concrete liner. This project removes and replaces approximately 376 linear feet of concrete canal lining. Seven bids were received, all of which were acceptable. /tem 12p. Accept Base Bid Plus Additive Alternate 1 and Award Contract to S C Anderson Inc for Fire Station No. 14 In the amount of $2.969 097 This project is for the construction of an approximately 8100 square foot fire station located at 5815 Mountain Vista Drive. This station will be incorporated in the future Greystone Park located at the southwest corner of Harris Road and Mountain Vista Drive. Additive Alternate 1 includes the construction of a free standing metal shade canopy behind the apparatus bays. Five bids were received, all of which were acceptable. Miscellaneous Item 12u. A_ ppropriate $2.175.000 Fund Balances to the Operating Budgets Within Various Special Assessment Funds to Facilitate Advance Redemotion of Assessment Bonds During the 2008 fiscal year, several assessment districts completed construction and bond calls were conducted in September of 2008 on seven separate assessment districts. The exact bond call amounts were not known at the time the budget was adopted. This appropriation aligns the budget with actions necessary for staff to properly comply with their fiduciary responsibilities related to these assessment district bonds. CONSENT CALENDAR HEARINGS Item 13a. Public Hearing to Consider Resolution Ag roving and Adooting an Adjustment to the Street Cut Workmanship and Performance Warranty Fee (oronosed Increase from $19 90 per lane-foot to X20.66 per lane foot: 3.84% increase). The Municipal Code requires that all permits issued under the requirements of Section 12.16.150 (involving construction work in streets) be charged a nonrefundable workmanship and performance warranty fee. All warranty fees received are expended solely for the purpose of maintaining the workmanship and performance of City streets. The Municipal Code allows for this fee to be adjusted annually based on the Annual Construction Cost Index as well as other factors. This proposed increase is based solely upon the Annual Construction Cost Index. Item 13b. Public Hearing to Consider PG&E Gas and Electricity Franchise Renewals. These ordinances were given first reading at the City Council meeting of September 17, 2008. The Council also included with that motion an action to earmark the new revenue from the 1 % surcharge for gas and electricity and the additional ~/~% revenue from the electricity franchise for roads programs. The action also provided that some time in the future, it may be necessary for staff and the City Council to consider a sunset provision to the surcharge. The Memorandum of Understanding is to accelerate Rule 20A undergrounding projects to be done by PG&E. Approved: Rhonda Smiley, Assistant to the City Manager ~_ cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights -November 5, 2008 Council Meeting Page 2 i ' i i <r'"' ~r ~.. =-~~~..,.~~"-' ADMINISTRATIV :-~~~,,::;~ E R E P O RT MEETING DATE: November 5, 2008 AGENDA SECTION: Workshop ITEM: ,~ Q _ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director October 23, 2008 Report on Bakersfield Redevelopment Agency Tax Allocation Bond Financing _ OVED DEPARTMENT HEA ~ ~°~'~ CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval. BACKGROUND: Staff will provide an overview of proposed bond financing to provide funding for various redevelopment activities and infrastructure improvements within and directly adjacent to the Millcreek area. S:WdminslCity Council\City Council Admins 2008\Redevelopment Bond Financing.doc 10/24/2008 11:49 AM ~ A +r S ADMINISTRATIVE REPORT ~+~ u MEETING DATE: November 5, 2008 AGENDA ECTION: Closed Session ITEM: ,• C. ~'O: Honorable Mayor and City Council `ROM: Virginia Gennaro, City Attorney BATE: October 24, 2008 APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY ~~ CITY MANAGER SUBJECT: Public Employee Performance Evaluation -City Attorney Closed session pursuant to Government Code sections 54957(b)(1) / 54957.6 VG:dll S:\000NCIL\CI SsssWdmins\OB-09V 1-5-OBEVAL•ATTAM (7Ctober 24, 2008, 9:47AM MEETING DATE: November 5, 2008 AGENDA SECTION: Roll Call ITEM: TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: October 24, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER EIS SUBJECT: Introduction of Student Body Representatives Participating in the 54th consecutive °Teen City Government Day" RECOMMENDATION: BACKGROUND: The City of Bakersfield annually participates with the Kern High School District, the Kiwanis, and the Optimists in sponsoring Teen City Government Day. This year will be the 54th year the City has participated in this event. The school district has indicated fifteen schools will be participating: Bakersfield High School, Bakersfield Christian High School, Centennial High School, East Bakersfield High School, Foothill High School, Garces High School, Golden Valley High School, Highland High School, Liberty High School, North High School, Ridgeview High School, South High School, Stockdale High School, West High School and Frontier High School. Four students from each school will participate in the Teen City Govemment Day morning activities. Students representing the Mayor and Council, the City Manager, Assistant City Manager, City Attorney, Public Works Director, Development Services Director and City Clerk (one student representing each school) are invited to attend the evening session from approximately 6:30 p.m. to no later than 7:30 p.m., with Council then taking a short recess to allow students to leave to prepare for the following day's classes. October 24, 2008, 4:02PM S:\TEEN GOVT DAY\2007Wdmin Nov. 07.dot F~~~; ~~ ~ ~ ~ ADMINISTRATIVE REPORT ~, LIFO MEETING DATE: November 5, 2008 AGENDA SECTION: Presentations ITEM: ~' TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Mayor Harvey L. Hall October 21, 2008 CITY MANAGER ~S Presentation by Mayor Hall of Proclamation to Andrae Gonzales, Faith in Action Kern County Executive Director, proclaiming November 6th as "Our Community in Harmony Day" in Bakersfield. D DEPARTMENT HEAD CITY ATTORNEY RECOMMENDATION: BACKGROUND: Krt Fs~"0' "nw ADMINISTRA TIVE REPORT ~, L1H 0 MEETING DATE: November 5, 2008 AGENDA SECTION: Presentations ITEM: ~j TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: October 21, 2008 P VED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ,~iS SUBJECT: Presentation by Mayor Hall of Proclamation to Monica Buchanan, Claim Section Manager, State Farm Insurance, proclaiming November 13th as "The Great Southern California Shakeout Day" in Bakersfield. RECOMMENDATION: BACKGROUND: Krt A OFyw .~ E ~ ~ ° ADMINISTRATIVE REPORT io MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Pamela McCarthy, City Clerk DEPARTMENT HEAD ~ U DATE: October 23, 2008 CITY ATTORNEY ~1~~ CITY MANAGER ,t~S SUBJECT: Approval of minutes of the September 22, 2008 Special Joint City/County Meeting and the October 22, 2008 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: / ' , ~ TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 24, 2008 APPROVED DEPARTMENT HEAD v CITY ATTORNEY CITY MANAGER ~S SUBJECT: Approval of department payments from October 10, 2008 to October 23, 2008 in the amount of $19,434,076.54 and Self Insurance payments from October 10, 2008 to October 23, 2008 in the amount of $220,747.97. RECOMMENDATION: Staff recommends approval of payments totaling $19,654,824.51. BACKGROUND: RAR October 23, 2008, 3:46PM S:1RichardWPWDMIN AP.doc MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: ' TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~~ DATE: October 20, 2008 CITY ATTORNEY CITY MANAGER ,~S SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103-22) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 8.41 acres located on the north side of Mall View Road, south of Highway 178, approximately'/.-mile west of Oswell Street. (ZC # 08-0472 - KSA Group Architects representing Gardens at East Hills, LLC) (Ward 3) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On October 2, 2008, the Planning Commission held an advertised public hearing on this zone change request, and recommended adoption by the City Council. The zone change request consists of changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) zone on 8.41 acres, located in East Hills Mall on the north side of Mall View Road, south of Highway 178, approximately'/4-mile west of Oswell Street, for purposes of commercial development. The reason for the request is to bring the zoning into conformance with the Major Commercial General Plan Land Use designation on the subject property, and to facilitate future commercial development of the property. The project area would be developed as a multi screen theater. The existing theater within East Hills Mall will be remodeled for retail space. Gardens at East Hills, LLC and the City of Bakersfield entered into Agreement No. 06-0227 on August 16, 2006 for the sale of the western portion (approximately 3.92 acres) of the project site for future development of a commercial project, with the desire to acquire a parking easement over the City's remaining eastern portion of the property (approximately 4.49 acres). Subsequently, on January 30, 2008, both parties entered into Agreement No. 08-026 for the establishment of a parking easement over the City's eastern portion of the property to allow the developer to construct parking facilities to support the neighboring commercial project. Easement Agreement No. 6856 was recorded on May 9, 2008 as Official Records Document No. 0208073616 to finalize the agreements. October 20, 2008, 3:17PM KShea/ S: IDanaIADM/NS12008Wov111-5-0472 1. doc ADMINISTRATIVE REPORT The project site is currently used as a storm water retention basin and is maintained by the City of Bakersfield Water Resources Department. The project received conditional approval of Planned Development (PD) Review No. 08-0977 by the Planning Commission on October 2, 2008 for the development of a 14screen motion picture theater building, adjacent parking facilities and site improvements, and a building pad for a future 5,000 square foot restaurant on the site. PD Review No. 08-0977 conditions of approval address parking, landscaping, signage, pedestrian access, and public SeIVIC@S. 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 development in the area, therefore a Negative Declaration was prepared. Staff recommends first reading of the zone change. October 20, 2008, 3:18PM KShea/S:IDanaIADMlNS12008WovN 1-6-0472 1.doc 'MEETING DATE: November 5, 2008 AGENDA SE TION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: October 16, 2008 APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section §1.12.010 by adding Annexation No. 581 consisting of 77.72 acres, located on the east side of Fairfax Road, south of Redbank Road to Ward 1. (Ward 1) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This ordinance amends the ward boundary to include Annexation 581 into the corresponding Council ward. This annexation was recently approved by I~FCO. Annexation No. 581 is located on the east side of Fairfax Road, south of Redbank Road. The annexation territory consists of 77.72 acres of undeveloped land. The property owners requested annexation for development purposes and to receive city services. S:Wnnexation\Ordinances\2008Wdm1nWdmin Dreft11-5 581.DOC MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: / ' . ~ , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk October 23, 2008 Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Presentations for January through December 2009. APPROVED DEPARTMENT HEAD CITY ATTORNEY ~~ CITY MANAGER ~S RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This Resolution will set the regular City Council Meetings, Budget Hearings and Department Budget Presentations for 2009. All meetings will be held in the Council Chambers. Workshops and Closed Sessions will begin at 5:15 p.m. and the Regular Meeting at 6:30 p.m. The Joint meetings of the Council and the Board of Supervisors are set for Monday, March 23, 2009 and Monday, September 28, 2009. Holidays, Spring Break, and League of California Cities Conferences were taken into consideration. The Budget Hearing is scheduled for June 10, 2009 at 6:30 p.m. and adoption of the Budget set for June 24, 2009. Department Budget Presentations are scheduled for Monday, May 11th and June 8th at 12:00 Noon, and May 20th during the Workshop portion of the agenda beginning at 5:15 p.m. One meeting is scheduled for the months of March, August and December. :pl October 23, 2008, 1:40PM S: \Council\adm i ns\2008\Mltg D ates2009. d of A E ~ ~y •+, S ADMINISTRATIVE REPORT ~.,~, L!F MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director October 1, 2008 APPROVED DEPARTMENT HEAD a$t~ CITY ATTORNEY CITY MANAGER ,eS Assignment of Regional Surface Transportation Program (RSTP) funds (All Wards): 1. Agreement with City of McFarland (Payment of $157,671.80 to acquire $242,572.00 of RSTP funds) for assignment of RSTP funds. 2. Transfer $157,672 from a budgeted Public Works Department's Capital Improvement Project (Resurfacing Streets Division 08-09) within the Capital Outlay Fund to fund this Agreement. RECOMMENDATION: Staff recommends approval of agreement and transfer. BACKGROUND: This agreement would allow the City of McFarland to assign its Regional Surface Transportation Funds (RSTP) to the City of Bakersfield. The portion of RSTP funding allotted to Kern County is apportioned to communities through the Kern Council of Governments (Kern COG). The City of McFarland's apportioned amount of RSTP funds is $242,572 for Federal Fiscal Year 2009-10. The City of McFarland has offered to exchange their $242,572 of RSTP funds to the City of Bakersfield for $157,671.80 in compensation, 65% of the RSTP fund's value. The City of McFarland has offered this discounted exchange because they currently have no projects that qualify for use of RSTP funds in addition to the extra time required for processing State and Federal paperwork associated with federal funding. This exchange would result in a net increase in funding to the City of Bakersfield of $84,900.20 ($242,572 - $157,671.80 = $84,900.20). Kern COG has already approved this exchange. The City of Bakersfield has resurfacing projects that can use these additional RSTP funds, and minimal additional staff time will be required to procure these additional RSTP funds as processing is already required to procure the current City RSTP funding. The purchased RSTP funds will be budgeted in the 2009-10 fiscal year and would be used for street resurfacing, rehabilitation, and/or reconstruction. Staff recommends using $157,672 of current year resurfacing funds since the City will realize more resurfacing dollars with this purchase. G:\GROUPDATWDMINRPT12008\11-05\City of McFarland RSTP.doc October 21, 2008, 11:01AM A OF ao +vc S ADMINISTRATIVE REPORT ~, ~ r IFO MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: ja , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director October 22, 2008 APPROVED DEPARTMENT HEAD ~U'B~ CITY ATTORNEY~2~~ %~ CITY MANAGER ,~S Pipeline License Agreement with the Burlington Northern and Santa Fe Railway Company (BNSF) for the construction of an eighteen inch water line. (Ward 2) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The installation of the eighteen inch water line is part of Westside Parkway Phase I project, which will construct/reconstruct Mohawk Street from Rosedale Highway to Truxtun Avenue. This Pipeline License Agreement will allow the City to install, operate and maintain this water line that will cross the BNSF right of way. The City will open bids for the Westside Parkway Phase I project on November 4, 2008. October 23, 2008, 2:13PM G:IGROUPDAT\ADMINRPT\2008\11-05\BNSF Pipeline License Agreement admin.doc KPB MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: %a , ,~ TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 16, 2008 SUBJECT: Tract Map and Improvement Agreements APPROVED DEPARTMENT HEAD LI CITY ATTORNEY CITY MANAGER ~S 1. Final Map and Improvement Agreement with Castle and Cooke California, Inc., for Parcel Map 11192 Phase 1 located north of Stockdale Highway and east of Allen Road. (Ward 4) 2. Final Map and Improvement Agreement with Rykal Bakersfield, LLC, for Parcel Map 11784 located north of Brimhall Road and east of Jewetta Avenue. (Ward 4) 3. Final Map and Improvement Agreement with McMillin Tuscany, LLC, for Tract 6569 located north of Kern Canyon Road and east of Miramonte Drive. (Ward 3) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map., Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. rg October 22, 2008, 4:27PM G:\GROUPDAT\ADMINRPT12008\11-05\Map and Improvement AGR.doc ~. I~ ! }~~ ~`""" ~~.~~ ADMINISTRATIVE REPORT ~~ %`ii`'~~'s•~ MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: / of , ,~. , TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DATE: October 24, 2008 APPROVED DEPARTMENT HEAD B ~-~~ CITY ATTORNEY CITY MANAGER ,~S SUBJECT: Agreement with Homeless Intervention Services, Inc. for $62,000 of Emergency Shelter Grant funds to support the operating costs for facility located at 816 E. 21 S` Street. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: Homeless Intervention Services, Inc. (HIS) was formerly known as Bakersfield Rescue Mission, Inc. (BRM). In 2003 BRM restructured the organization to put into place the HIS organization. The restructuring was done in order to provide the tools needed to obtain additional funding for the homeless by applying for outside grant funding. The mission of HIS is to help homeless persons transition to stable, self sufficient community living. BRM has provided essential services to the homeless persons of Bakersfield for more than 57 years. The facility operates 24 hours a day. The City has provided Emergency Shelter Grant (ESG) funds to BRM since 2000. The purpose of these funds is to improve the quality of existing shelters for the homeless in addition to having the shelters provide services to prevent homelessness. In the Fiscal Year 2008/09 Action Plan process ESG funding for HIS was budgeted for $62,000. The allowable expenses include staffing costs, utilities, office supplies, telephone costs, insurance, occupancy products, building maintenance supplies, equipment maintenance, and janitorial services. With this agreement, staff will implement a streamlined invoicing process. The goal is to provide HIS with a detailed written procedure that will reduce the time its staff will spend on preparing claims for payment. There will be a workshop in mid-November to provide guidance to HIS and other agencies receiving 2008/09 funding. This new process will help these agencies be more efficient and reduce the time it takes for City staff to process claims. S:\AdminslCity CouncillCity Council Admins 2008\BRM HIS Admin ESG 2008-09 102008.doc 1 ;' /' !: ~~~ :~ s ADMINISTRATIVE REPORT r`~.; ~~;,.~;~. . ~ J F~~i1 F. MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: /v?o TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DATE: October 24, 2008 PROVED DEPARTMENT HEA ~ CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Bakersfield Senior Center, Inc. for $65,000 of Community Development Block Grant funds for operational expenses at 530 4`h Street. (Ward 1 j RECOMMENDATION: Staff recommends approval. BACKGROUND: Bakersfield Senior Center, Inc. (BSC) has provided services to the seniors of Bakersfield for approximately 25 years. Its mission is to encourage older adults to participate in a variety of volunteer activities and programs so they remain an integral part of the community. In addition, BSC continues to provide many services through the center to ensure the health and welfare of the seniors. The City has provided Community Development Block Grant (CDBG) funds to BSC since 2002 due to a continued reduction in donations which impacts the center's operations. In the Fiscal Year 2008/09 Action Plan process, CDBG funding for BSC was budgeted in the amount of $65,000. The allowable expenses include employee salaries and benefits, professional fees, facility operational costs such as office supplies, utilities, maintenance, and food and supplies for serving congregant meals on site. With this agreement, staff will implement a streamlined invoicing process. The goal is to provide BSC with a detailed written procedure that will reduce the time its staff will spend on preparing claims for payment. There will be a workshop in mid-November to provide guidance to BSC and other agencies receiving 2008/09 funding. This new process will help these agencies be more efficient and reduce the time it takes for City staff to process claims. S:Wdmins\City Council\City Council Admins 2008\BSC OS-09 Admin 102008.doc 1' li,i ,~. it -, ~w~ :,~,~°.~,~~~ ~ ADMINISTRATIVE REPORT MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: 1 ? , l~, TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DATE: October 24, 2008 OVED DEPARTMENT HE ~'~ CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Alliance Against Family Violence and Sexual Assault for $15,330 of Emergency Shelter Grant funds to support the operating costs to continue services. The facility's administrative address is 1600 East Truxtun Avenue. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: The Alliance Against Family Violence and Sexual Assault (AAFV) has provided essential services including a homeless "safe house" shelter for more than 29 years. Its mission is to stop domestic violence and assault in Bakersfield, assist women and children who become homeless as a result of domestic violence, and help those women and children reclaim their lives through independent living. The facility operates 24 hours a day. The City has provided Emergency Shelter Grant (ESG) funds to AAFV since 1995. The purpose of these funds is to improve the quality of existing shelters for the homeless in addition to having the shelters provide services to prevent homelessness. In the Fiscal Year 2008/09 Action Plan process ESG funding for AAFV was budgeted for $15,330. The allowable expenses include staffing costs, utilities, office supplies, telephone costs, insurance, occupancy products, building maintenance supplies, equipment maintenance, and janitorial services. With this agreement, staff will implement a streamlined invoicing process. The goal is to provide AAFV with a detailed written procedure that will reduce the time. its staff will spend on preparing claims for payment. There will be a workshop in mid-November to provide guidance to AAFV and other agencies receiving 2008/09 funding. This new process will help these agencies be more efficient and reduce the time it takes for City staff to process claims. S:Wdmins\City Council\City Council Admins 2008WAFV ESGAdmin 102008 2008-09.doc I - ~~ i . =~ ~ .~:-{- ADMINISTRATIVE REPORT -~,..,:..,~.r. MEETING DATE: November 5, 2008 AGENDA SECT ON: Consent Calendar ITEM: /,,~ , ~ . TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DATE: October 24, 2008 ROVED DEPARTMENT HEA ~ ~~ CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Bethany Services/Bakersfield Homeless Center for $62,000 of Emergency Shelter Grant funds to support the operating costs necessary to continue services at the facility located at 1600 East Truxtun Avenue. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: Bethany Services/Bakersfield Homeless Center (BHC) has provided essential services to the homeless families in Bakersfield for more than 35 years. Its mission is to help homeless persons transition to stable, self sufficient community living. It operates 24 hours a day. The City has provided Emergency Shelter Grant (ESG) funds to BHC since 1995. The purpose of these funds is to improve the quality of existing shelters for the homeless in addition to having the shelters provide services to prevent homelessness. In the Fiscal Year 2008/09 Action Plan process ESG funding for BHC was budgeted for $62,000. The allowable expenses include staffing costs, utilities, office supplies, telephone costs, insurance, occupancy products, building maintenance supplies, equipment maintenance, and janitorial services. With this agreement, staff will implement a streamlined invoicing process. The goal is to provide BHC with a detailed written procedure that will reduce the time its staff will spend on preparing claims for payment. There will be a workshop in mid-November to provide guidance to BHC and other agencies receiving 2008/09 funding. This new process will help these agencies be more efficient and reduce the time it takes for City staff to process claims. S:\Admins\City Council\City Council Admins 2008\BHC ESG 2008-09 Admin 102008.doc A ~ ~ ADMINISTRATIVE REPORT MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: ~~ m ', TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD_~r~ DATE: October 17, 2008 CITY ATTORNEY CITY MANAGER ~S SUBJECT: Amendment to agreement and appropriation of funds to prepare an Environmental Impact Report for General Plan Amendment/ Zone Change No. 06-1722 (Rio Bravo Ranch Project) located to the east of Alfred Harrell Highway, west of the City's eastem boundary encompassing both sides of Highway 178. (Ward 3) 1. Amendment No. 1 to Agreement No. 07-174 with RBF Consulting ($23,879.00) for preparation of an Environmental Impact Report. 2. Appropriate $23,879.00 (developer's contribution) to the Development Services operating budget in the General Fund for the EIR consultant. RECOMMENDATION: Staff recommends approval of amendment to the agreement and appropriation of funds. BACKGROUND: This additional amount of $23,879.00 has been deposited by the applicant, Nickel Family LLC. With the additional amount, the total contract amount with RBF Consulting, the EIR consultant, is $216,101.00. No City funding is required for this contract. As with all EIRs, the funds to pay the consultant costs and staff s time and materials to process the EIR come from the project applicant. The budget amendment to the agreement is to recover costs associated with additional peer review of studies, work associated with the hydrology chapter, and additional printing. Nickel Family LLC is proposing the development of low and high density residential, commercial, open space and recreational uses on approximately 1,863 acres located to the east of Alfred Harrell Highway, west of the City's eastern boundary, and encompasses both sides of Highway 178. The Planning Commission will hold a public hearing on the GPA/Zone Change and EIR on December 18, 2008. CG / S:\GPA 4th 2008\08-1722 (Rio Bravo Ranch EIR)\Contracts\adm rcpt amend agre~nent.doc October 20, 2008 ~R~A 1f Q~ Mcnxroner~ `~ '~ C^ U ~ ° ADMINISTRATIVE REPORT ~~ cgLIF ~ ~~P MEETING DATE: November 05, 2008 AGENDA SECTION: Consent Calendar ITEM: /~, ~1. TO: Honorable Mayor and City Council FROM: W. R. Rector, Chief of Police DATE: October 24, 2008 CITY ATTORNEY `~ ~_ CITY MANAGER SUBJECT: Amendment No. 1 to Agreement #PD 08-003 with Master K-9, Inc. for the purchase of Police Dogs, basic handlers training and basic narcotics detection training. RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On March 28, 2008, the Bakersfield Police Department (BPD) and Master K-9, Inc. entered into an agreement whereby Master K-9, Inc. would supply the BPD with two police service dogs and provide basic handler's and basic narcotics detection training. The proposed amendment would increase the number of police service dogs supplied under the agreement from two to three, and will provide the necessary training for basic handling and basic narcotics detection. The reason an additional dog is needed is to replace "Bo", a current police service dog to be retired at the beginning of November 2008. The purchase of the additional dog will not increase the police K-9 unit complement. This amendment will increase total compensation from $33,662.50 to $42,998.00, which necessitates converting the department agreement to a Council agreement. All monies paid under this agreement have been budgeted, and will be reimbursed through the Asset Forfeiture trust account. A PROVED DEPARTMENT HEAD \\citynas\homedirs\dbranson\BPDWDMIN RPTSWDMIN RPTS FY 08-09WDMIN RPT - (11-05-08) Amend #1 Master K9 Agt PD 08-003.doc 10/23/2008 2:42 PM Page 1 of 1 O~ m A ~ ADMINISTRATIVE REPORT c ~u,~, • L1F0 MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: % ' , C , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 22, 2008 APPROVED DEPARTMENT HEAD ~g U' CITY ATTORNEY CITY MANAGER ~~ Accept low bid and award contract to Kern Pacific Construction Company ($573,540.00) to construct the Friant-Kern Canal Liner Replacement Project (TRIP). (Ward 2) RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: The Westside Parkway Project, which is being administered by the Thomas Road Improvement Program (TRIP) staff, will include an overcrossing for the Friant-Kern Canal. The Friant-Kern Canal is owned by the Bureau of Reclamation and is operated and maintained by the Friant Water Users Authority. To minimize future maintenance of the canal beneath the Westside Parkway overcrossing, these agencies are requiring that the existing concrete canal liner in the vicinity of the overcrossing be replaced with a thicker concrete liner. This project removes and replaces approximately 376 linear feet of concrete canal lining. The project also includes provisions to allow relocating sewer and gas pipelines that currently cross beneath the canal. The relocation of these pipelines is also due to the Westside Parkway Project. The Engineer's Estimate for this project was $750,000. Seven acceptable bids were received on Wednesday October 15, 2008, as listed below: Kern Pacific Construction Company $573,540.00 4001 Patton Way, Suite 1 Bakersfield, CA 93308 (City) Wood Brothers Inc. $648,635.00 14147 18th Avenue Lemoore, CA 93245 (Out of Town) V. Lopez Jr. and Sons $697,161.00 200 E. Fesler Street, Suite 101 Santa Maria, CA 93454 (Out of Town) Nicholas Construction Inc. $780,880.00 1975 Airport Drive Bakersfield, Ca 93308 (City) October 23, 2008, 2:11 PM G:\GROUPDAT\ADMINRPT12008\11-05\Friant Kern Canal Liner Replacement Project Admin 1.doc ADMINISTRATIVE REPORT Granite Construction 585 W. Beach Street Watsonville, CA 95076 (Out of Town) Blois Construction 3201 Strugis Road Oxnard, CA 93030 (out of Town) Griffith 1898 S. Union Avenue Bakersfield, CA 93307 (County) $835, 594.00 $983, 545.00 $1,021,749.00 October 23, 2008, 2:11 PM G:\GROUPDATIADMINRPT\2008\11-05\Friant Kern Canal Liner Replacement Project Admin 1.doc A O ~ovoi,, ~ -1~ ~tsf ADMINISTRATIVE REPORT L/F 0 MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: /'~, TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 23, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER .L's Accept Base Bid plus Additive Alternate 1 and award contract to S. C. Anderson Inc. ($2,969,097.00) for Fire Station No. 14. (Ward 5) RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project includes construction of an approximately 8100 square foot fire station located at 5815 Mountain Vista Drive. The station will be incorporated in the future Greystone Park located at the southwest corner of Harris Road and Mountain Vista Drive. The fire station includes two apparatus bays, apparatus support areas, living and sleeping accommodations, shower rooms, administrative support areas and storage areas. The complex will also include trash enclosures, hose tower, emergency generator, a clarifier for apparatus drains and fueling tanks on site. Additive Alternate 1 includes the construction of a free standing metal shade canopy behind the apparatus bays. There are sufficient funds budgeted to award this contract. The Engineer's estimate for this project was $3,750,000 to $4,000,000. On October 2, 2008, five acceptable bids were received as follows: S.C. Anderson Inc. (County) Base Bid $2,922,472.00 2160 Mars Court Additive Alt. 1 $46,625.00 Bakersfield, CA 93308 Total, in the amount of $2,969,097.00 Wallace and Smith Contractors (County) Base Bid $3,180,804.00 3325 Landco Drive Additive Alt. 1 $50,077.00 Bakersfield, CA 93308 Total, in the amount of $3,230,881.00 Oral E. Micham Inc. (Out of Town) Base Bid $3,345,000.00 21128 Sentinel Drive Additive Alt. 1 $45,566.00 Woodlake, CA 93286 Total, in the amount of $3,390,566.00 Davis Moreno Construction, Inc. (Out of Town) Base Bid $3,386,805.00 4720 N. Blythe Avenue Additive Alt. 1 $67,355.00 Fresno, CA 93722 Total, in the amount of $3,454,160.00 Colombo Construction Co. Inc. Base Bid $3,511,000.00 3211 Rio Mirada Drive Additive Alt. 1 $53,000.00 Bakersfield, CA 93308 Total, in the amount of $3,564,000.00 NF design P5H014 October 23, 2008, 11:58AM G:\GROUPDAIIADMINRPT\2008\11-05\P5H014- Fire Station No. 14.doc A ~ oa~,ye ADMINISTRATIVE REPORT ~, IF MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: ~~, ~ , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director October 16, 2008 Traffic Signal and Lighting System Installation at the Intersections of Panorama Drive and Meadow Vista Street (Ward 3) and of Berkshire Road and Wible Road (Ward 7): OVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Appropriate $143,000 federal Congestion Management Air Quality (CMAQ) funds for the project at Panorama Drive and Meadow Vista Street and $143,000 federal CMAQ funds for the project at Berkshire Road and Wible Road to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. 2. Transfer $75,000 from a budgeted Public Works Department's Capital Improvement Project (Miscellaneous Concrete Construction) to the project at Berkshire and Wible Road within the Gas Tax Fund for the City's local match. RECOMMENDATION: Staff recommends approval of appropriations and transfer. BACKGROUND: These projects consist of installation of a complete traffic signal and lighting system at the above referenced locations as well as modification of pavement markings and striping, and reconstruction of access ramps to meet current American with Disabilities Act (ADA) requirements. A portion of both of these signals are federally funded through Congestion Mitigation and Air Quality (CMAQ) funds. Each of these two federally funded projects requires a local match. The local match for the signal at Panorama and Meadow Vista is already budgeted. The traffic signal at Berkshire Road and Wible Road does not have any local match funds budgeted. Therefore, funds need to be appropriated for the local match for this project. Staff recommends transferring funds from a budgeted Capital Improvement Project, Miscellaneous Concrete Construction, to fund the local match for this project. PW/Design Engineering/nsg October 24, 2008, 10:50AM G:\GROUPDATADMINRPT\2008\11-05\CMAQ Signal Appropriation.doc BAKE O~,i,covo~,p. ~S ~ ~ /~ ° ADMINISTRATIVE REPORT ~, fur r~li LIF MEETING DATE: November 5, 2008 AGENDA SECTION: Consent ITEM: /;,~. -~, TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director DATE: October 23, 2008 CITY ATTORNEY Q CITY MANAGER ,ecS SUBJECT: Appropriate $2,462 contributions made by local residents via the Bakersfield Foundation to the parks department operating budget within the general fund for the purchase and installation of a dog water fountain at University Park. RECOMMENDATION: Staff recommends Council approval. BACKGROUND: University Park users of the dog park had requested that a drinking fountain designed specifically for dogs, be placed inside the dog park. Since this was an unbudgeted item, staff agreed to install it if the users could raise at least half the total expense of the fountain and installation. Neighborhood residents were able to donate $2,462 toward the dog fountain through the City of Bakersfield Foundation. The installation of the drinking fountain has been completed, at a total cost of $3,217.50. A plaque honoring the donation will be installed next to the new fountain. APPROVED DEPARTMENT HEAD ,,, C.- October 28, 2008, 1:56PM C:\Documents and Settings\jtodd\Recent\My Documents\Memo_Universitydogpark.doc A ADMINISTRATIVE REPORT .~ .. MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Calendar ITEM: / . , TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: October 21, 2008 APPROVED DEPARTMENT HEAD .~S CITY ATTORNEY CITY MANAGER ,~S SUBJECT: Appropriate $2,175,000.00 fund balances to the operating budgets within various special assessment funds to facilitate advance redemption of Assessment Bonds. RECOMMENDATION: Staff recommends approval of the appropriations. BACKGROUND: During the year property owners may pay off the assessment lien balances on their property. The City, as Trustee, is required to use these additional amounts to "call" outstanding special assessment bonds. In addition, money held in trust by the City for construction and debt repayment earn interest. This interest may be used to call outstanding special assessment bonds once construction is complete. During the 2008 fiscal year, several assessment districts completed construction and bond calls were conducted in September 2008 on seven separate assessment districts. The principal and any premium amounts are forwarded to the City's paying agent to retire bonds in advance of their normal maturity in accordance with the respective bond indentures. The exact bond call amounts were not known at the time the budget was adopted. This appropriation aligns the budget with actions necessary for staff to properly comply with their fiduciary responsibilities related to these assessment district bonds. The seven districts and the amount of the bond calls are as follows: 93-2 Stine/Harris $275,000 94-3 SC/BN/SO/SL $100,000 01-3 Mountain Vista/San Lauren $100,000 03-1 Brighton Place/Silver Creek II $300,000 03-2 Buena Vista Ranch/Belsera II/Montara II/Olive Park II $350,000 03-3 Seven Oaks West III/Brighton Place II/Fairway Oaks South/Cosmo $700,000 04-1 Countryside/The Homestead/Cherry Hill/Olive Park III $350,000 S:\ConnieCorey\AD\BOND CALLS\Bond Calls, Sept 07\Admin Report Q~ ~,ovot~ F ! ~~ ° ADMINISTRATIVE REPORT ~. L!F MEETING DATE: November 5, 2008 AGENDA SECTION: Hearing ITEM: / ._3 , C~ , TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: October 6, 2008 APPROVED DEPARTMENT HEAD L313tit CITY ATTORNEY CITY MANAGER SUBJECT: Public Hearing to consider Resolution approving and adopting an adjustment to the Street Cut Workmanship and Performance Warranty Fee (fee proposed to increase from $19.90 per lane-foot to $20.66 per lane-foot; 3.84% increase). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Bakersfield Municipal Code Section 12.16.150 requires that all permits issued under the requirements of the Chapter be charged a nonrefundable workmanship and performance warranty fee to the City. All payment warranty fees received are expended solely for the purpose of maintaining the workmanship and performance of City streets. Staff proposes that the base fee be increased from $19.90 per lane-foot to $20.66 per lane-foot (this is the cost per foot for the City to pave a 12' wide lane). The Workmanship and Performance Warranty Fee first became effective November 21, 1997 and was last amended October 24, 2007 (Resolution 238-07). In accordance with Bakersfield Municipal Code Section 12.16.150, the Street Cut Workmanship and Performance Warranty Fee shall be adjusted annually by the ENR Annual Construction Cost Index (Los Angeles), as published by Engineering News Record, McGraw- Hill Companies (3.82% for the twelve months ended September 2008). The ordinance also allows this fee to be annually adjusted to account for changes in cost estimates for recent City resurtacing projects, and any other items which would change or add to the component items in the fee. The proposed increase is based solely upon the ENR Annual Construction Cost Index. If approved, the adjusted fee would become effective on November 10, 2008. The Street Cut Workmanship and Performance Warranty is not a development fee. phs Created on 10/7/2008 9:00:00 AM MEETING DATE: November 5, 2008 AGENDA SECTION: Consent Hearings ITEM: / 3, b , TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: October 28, 2008 SUBJECT: PG&E Gas and Electricity Franchise Renewals APPROVED DEPARTMENT HEAD_ CITY ATTORNEY_J~~~~~ CITY MANAGER W 1. Adoption of Ordinance granting to PG&E a franchise for distributing electricity within the City of Bakersfield. 2. Adoption of Ordinance granting to PG&E a franchise for distributing gas within the City of Bakersfield. 3. Memorandum of Understanding - PG&E Rule 20A Undergrounding RECOMMENDATION: Staff recommends adoption of the ordinances and approval of the agreement. BACKGROUND: These ordinances were given first reading at the City Council meeting of September 17, 2008. The Council also included with that motion an action to earmark the new revenue from the 1 % surcharge for gas and electricity and the additional'/~% revenue for electricity franchise for roads programs. The action also provided that some time in the future, it may be necessary for staff and the City Council to consider a sunset provision to the surcharge. The Memorandum of Understanding is to accelerate Rule 20A undergrounding projects to be done by PGB~E. Current franchises: PG&E has franchises for electricity and gas with the City that have expired. The franchise provides for payments to the City by PGB~E for use of City right of way to provide electricity and gas service as provided by state law (state constitution and 1937 Act) and city charter. For the electricity franchise the payments typically are made based on one-half percent (.5°k) of the gross annual receipts from the sale of electricity within the limits of the franchise. For the gas franchise the factor is one percent (1°~) of the gross annual receipts from the sale of gas. These payments are for PGBE's use of the public right of way within the City, which typically is in or along our streets and roadways. On January 20, 1958, the City Council granted Pacific Gas and Electric Company (°PG8~E°) franchises to use, transmit, and distribute gas and electricity within the City of Bakersfield. The term of each franchise was for a period of 50 years. The franchises expired on or about February 19, 2008. The City Council has extend the terms of the existing franchises to December 18~' or until adoption of the new franchise ordinances, whichever occurs first. October 28, 2008, 1:26PM S:Wdmin Rpts12008~PG8E Franchise Admin.l1-05-08.doc ADMINISTRATIVE REPORT Renewal negotiations with PGBE: The City of Bakersfield was interested in modernizing the electricity and gas franchises to reflect current practices and requirements of utility franchisees and achieving the best utility franchise terms available. Most cities within PGBE's service area receive 1 % of gross receipts with indeterminate terms for both their electricity and gas franchises. Recently, there have been several franchise renewals by cities approved by the California Public Utilities Commission (CPUC) which included an additional local surcharge beyond the typical 1 %. Staff met with representatives of PGBE and discussed matching the franchise terms similar to those received by other cities and other recent renewals. They indicated their willingness to match the 1 % franchise rate for electricity and gas with an indeterminate term similar to what other cities receive. They also indicated a willingness to consider the surcharge similar to other recent franchise renewals. Bakersfield would be PGBE's first city in its service territory to have a franchise surcharge similar to those enacted by Santa Barbara and Ventura which are served by other utility companies. The surcharge would have to be approved pursuant to CPUC guidelines and subject to approval by the CPUC which would at a minimum take about six months. There would be no guarantee that the CPUC would agree to the surcharge, even though they recently approved surcharges for other cities. Each surcharge request is independent and subject to the CPUC's final determination. In addition to the items discussed above, staff also reviewed the franchise agreements with regard to clarifying language regarding PGBE's cooperation on performing work in the City right of way and timely relocation of their facilities. Staff has incorporated new language which better identifies when PGBE would be responsible to relocate their facilities at City request. Also included is clarification regarding relocation of PGBE facilities for highway facilities transferred from the State to the City (such as Rosedale Highway or State Highway 201) being included under the City's franchise and its relocation requirements. Staff also asked about inclusion of a favored nation's clause to insure the City would receive franchise terms similar to other cities. PGBE has indicated they would be able to include a clause that would provide that PGBE would match any change to the 1937 Act which resulted in an increase in the percentage paid based on gross receipts for the Bakersfield franchises. Rule 20A: PGBE also agreed that in exchange for an indeterminate term for the gas franchise as part of the renewal to enter into a Memorandum of Understanding (MOU) with the City regarding the utilization of Rule 20A program funds for the undergrounding. of utilities. PGBE has agreed to advance up to 5 years of Rule 20A undergrounding funds and set completion deadlines to accelerate the undergrounding of PGBE facilities identified by the city. The projects proposed include: Currently Established Underground Utility Districts: • Sports Village • South Mill Creek Future Underground Utility Districts: • Baker Street (Truxtun to California) • Union Avenue (Columbus to Monterey) • Larson Lane (Wilson Road to Planz Road) • table Road (City boundary to Ming Avenue) • California Avenue ("S" Street to Union) • Calloway (Hageman to Rosedale) October 28, 2008, 1:26PM S:Wdmin Rpts120081PG8E Franchise Admin.l1-05-08.doc ADMINISTRATIVE REPORT This would allow these projects to occur much sooner than they would have otherwise. Additionally, this will provide coordination of construction schedules between the City and PG8~E for the undergrounding of utilities for projects such as the Sports Village and South Mill Creek. This memorandum of understanding outlines the projects to be included in this effort and the process for establishing timelines for completion based on City priorities. Based on funds currently available under the rule 20A program and the advance of 5 years of 20A funds, PG&E would complete over $15 million in undergrounding projects throughout the City. Staff recommends approval of the Memorandum of Understanding. Timins~: The ordinances will become effective 30 days following the second reading and adoption of the ordinances by the Council. Some of the actions contemplated require subsequent action by the CPUC. It is anticipated that such consideration and review would take a minimum of approximately six months to bring to conclusion. It is important to note that actions subject to CPUC review are not assured of approval. The memorandum of understanding with PGB~E for Rule 20A projects would go into effect upon adoption by the Council. Recommendation: The 1 % for the gross annual sales of electricity and gas for an indeterminate term similar to what other cities receive was recommended by staff. This would bring the City in line with other cities in PGB~E's service area. This change would be implemented upon adoption of the franchise and additional revenues would begin accruing at that point. It is estimated that implementation of these changes to the franchise could result in approximately $1,524,595 in new General Fund revenue to the City from PG&E. Staff also recommended the City proceed with the application to the CPUC of an additional local surcharge for electricity and gas franchises of 1 %. If a surcharge is enacted, staff would recommend that it not be applied to those PG13~E customers under the "CARE" program which is designed to assist low and fixed income customers (similar to qualifications for CDBG). The surcharge, however, is subject to review and approval by the CPUC which is estimated to take at least six months. Surcharge revenues would be payable to the City in the month of April, following the calendar year of implementation. Approval of the surcharge by the CPUC cannot be assumed since they have broad discretion over such increases. If approved, the local surcharge would generate approximately $3,185,634 in new revenue. Staff recommended that any additional surcharge revenues generated be earmarked for road and highway projects since the purpose of the franchises is for PG&E's use of the City's right of way, which typically is in or along city streets and roads. As noted above, the Council at the September 17, 2008 Council meeting acted to earmark the new revenue from the 1 % surcharge for gas and electricity and the additional'/% revenue for electricity franchise for roads programs. October 28, 2008, 1:28PM S:Wdmin Rpts~2008~PG8E Franchise Admin.l1-05-08.doc MINUTES OF THE JOINT MEETING OF SEPTEMBER 22, 2008 BAKERSFIELD CITY COUNCIL AND KERN COUNTY BOARD OF SUPERVISORS County Host City Council Chambers 1115 Truxtun Avenue Special Meeting - 5:30 p.m. SPECIAL MEETING 1. FLAG SALUTE by Howard Silver, GET Board of Directors 2. ROLL CALL Kern County Board of Supervisors Present: Supervisors McQuiston, Maben, Maggard, Watson, Rubio Absent: None Bakersfield City Council Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson (seated at 5:38 p.m.), Couch, Weir, Sullivan, Scrivner Absent: Councilmember Benham 3. OPENING REMARKS BY CHAIRMAN MICHAEL J. RUBIO 4. OPENING REMARKS BY MAYOR HARVEY L. HALL 5. PUBLIC STATEMENTS None. 6. BUSINESS ITEMS A. Update on General Plan Review Process (Joint Agenda Item). County Planning Director Ted James and City Planning Director Jim Movius made staff presentations. ACTION TAKEN Bakersfield, California, September 22, 2008 -Page 2 6. BUSINESS ITEMS continued B. Update on Lake Isabella Dam (City Agenda Item). Ronn Rose, Geologist and Technical Lead, U. S. Army Corps of Engineers, made a presentation. C. Presentation on Golden Empire Transit District (County Agenda Item). Patricia Norris, GET Chair, introduced Howard Silver, GET Vice Chair, provided an overview of the District, and introduced the new Chief Executive Officer, Karen King. Karen King, GET Chief Executive Officer, made a presentation and provided written material. Supervisor Maggard asked Karen King to draft templates for policies and ideas that can be presented to the respective bodies to consider for adoption thaf would facilitate improvement programs and progress suggested in her presentation. D. Update on Metropolitan Bakersfield Transfer Station Project and Recycling Facility (Joint Agenda Item). County Waste Management Director Daphne Harley and City Public Works Director Raul Rojas made staff presentations. Supervisor Rubio asked County staff to report back and clarify how the money for the County study is being utilized and the results of the waste stream study and the form of the end result. E. Update on Fire Station Locations - (City Agenda Item). City Fire Chief Ron Fraze and County Fire Chief Dennis Thompson made staff presentations and provided written material. Councilmember Couch stated for the record that City Manager Alan Tandy offered to the County of Kern a plan that would build a new Station 65; would fund the operations of that station; would return the excess fire fund over and above those costs to the County of Kern as a revenue neutral proposal, and stated a response was received back from the County that it relies on that revenue. ACTION TAKEN Bakersfield, California, September 22, 2008 -Page 3 6. 7. BUSINESS ITEMS continued ACTION TAKEN Item 6.E. continued Chairman Rubio suggested getting everyone back together for afull-day discussion to determine how to provide the best and most timely response with the best equipment and provide direction to staff on how the elected officials want to move forward with this. Supervisor Watson suggested having a committee with some citizen involvement who represent the community and who have some financial knowledge and organizational knowledge to offer a more objective way and a broader context to look at this issue. Supervisor Maben stated he would prefer that the City Manager and the County Administrative Officer have an opportunity first to see if they can iron it out, then escalate it up to the next step if necessary. Supervisor Maggard suggested that the City of Bakersfield put forward a document that identifies all the elements of the Joint Powers Agreement that it feels needs to be clarified and worked out, and County Fire Department do the same to determine what needs to be worked on in order to resolve all of the issues. Motion by Councilmember Couch directing staff to get APPROVED together and discuss both the issues of Station 18 or AB BENHAM 68, and the broader JPA, and bring it back in two separate reports to both bodies within six months. F. Proposed 2009 Schedule for Joint Meetings. (Joint Agenda Item) -RECOMMENDED ACTION: ESTABLISH MONDAY, MARCH 23, 2009 A T 5:30 P.M. AND MONDAY, SEPTEMBER 28, 2009 AT 5:30 P.M. AS FUTURE MEETING DATES. Motion by Vice Mayor Hanson to adopt recommended APPROVED meeting dates. AB BENHAM Motion by Supervisor Maben, seconded by APPROVED Supervisor Wafson to adopt recommended meeting dates. CLOSING COMMENTS BY BOARD MEMBERS AND CITY COUNCILMEMBERS Councilmember Couch stated he would like to encourage the County to go back to the ballot with a transient occupancy tax. Bakersfield, California, September 22, 2008 -Page 4 7. CLOSING COMMENTS BY BOARD MEMBERS AND ACTION TAKEN CITY COUNCILMEMBERS continued Councilmember Couch stated he and Supervisor Maggard would like to make a jointly referral regarding the intersection of Rosedale and Calloway for City and County staff to report back to alleviate the traffic concerns in that area. Councilmember Couch asked GET to check into the feasibility of buses using turnouts if they were provided. Supervisor Maggard agreed to Councilmember Couch's jointly referral regarding Rosedale and Calloway and made that referral to County staff. Supervisor Maggard requested the City explore, along with the County, the adoption and implementation of the "Taggers" program offered by Orange County to manage the community's graffiti eradication efforts. Councilmember Carson requested an update on the progress of the Casa Loma Spray Park. 8. CLOSING COMMENTS BY MAYOR HARVEY L. HALL 9. CLOSING COMMENTS BY CHAIRMAN MICHAEL J. RUBIO. 10. ADJOUNMENT Chairman Rubio adjourned the meeting at 8:07 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield BAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 22, 2008 Council Chambers, City Halt, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Sullivan, Scrivner Absent: Councilmember Couch 2. PUBLIC STATEMENTS City Attorney Gennaro announced that she met with Tom Russell, who was originally scheduled to speak regarding Item 4.d.8., and that he is in agreement with the Ordinance and therefore declined to make a public statement. Kenneth M. Cannon spoke in support of Councilmember Sullivan's "In God We Trust" campaign; distributed free speech signs; and submitted a written copy of his statement. 3. WORKSHOPS None. 4. CONSENT CALENDAR Minutes: a. Approval of minutes of the October 8, 2008 Regular City Council Meeting. Payments: ACTION TAKEN 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 ABS WEIR amount of $183,182.95. Bakersfield, California, October 22, 2008 -Page 2 4. CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. Adoption of Ordinance amending Sections 1.12.010, ORD 4533 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 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. Adoption of the following Ordinances: 1. Ordinance amending Sections 1.17.020, ORD 4534 1.17.030 and 1.17.040 relating to elections. 2. Ordinance amending Section 2.76.130 ORD 4535 relating to resolution of impasses. ORD 4536 3. Ordinance amending Section 3.40.070 relating to records retention. 4. Ordinance amending Sections 10.24.010 ORD 4537 and 10.24.020 relating to speed zones. 5. Ordinance amending Section 10.44.060 ORD 4538 relating to truck routes. 6. Ordinance amending Section 10.48.010 ORD 4539 7. relating to crosswalks. Ordinance amending Sections 14.12.030 ORD 4540 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 ORD 4541 relating to sewer required. 9. Ordinance amending Section 17.52.020 ORD 4542 Subsection B and 17.54.020 Subsection B 10. relating to zoning. Ordinance amending Section 17.60.060 ORD 4543 Subsections 6.6 and B.8 relating to sign development standards. Bakersfield, California, October 22, 2008 -Page 3 4. CONSENT CALENDAR continued Resolutions: e. Resolution approving the donation of surplus Police Department equipment to the Federal Bureau of Investigation for the consideration of $1.00. 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. ACTION TAKEN RES 182-08 RES 183-08 g. Resolution approving application proposing RES 184-08 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. 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. 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. RES 185-08 RES 136-08(1) R011624 RES 186-08 Bakersfield, California, October 22, 2008 -Page 4 4. CONSENT CALENDAR continued Item 4. k. continued 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. 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. License Agreement with Southern California Gas Company for the relocation of a high pressure gas line across the Kern River. o. General Plan Amendment/Zone Change No. 07- 0655 (Bakersfield Gateway Project): 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. 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. ACTION TAKEN FR AGR 08-179 AGR 08-180 DEED 6982 AGR 08-181 AGR 07-299(2) AGR 07-378(2) q. Contract Change Order Nos. 1 - 3 to Agreement No. AGR 08-062 08-062 with Granite Construction ($70,036.00; not CCO 1 to exceed $8,165,652.00) for the project known as CCO 2 Allen Road Improvements between Ming Avenue CCO 3 and Stockdale Highway. Bakersfield, California, October 22, 2008 -Page 5 4. CONSENT CALENDAR continued ACTION TAKEN r. Contract Change Orders No, 10, 11 and 12 to AGR 07-304 Agreement No. 07-304 with Security Paving CCO 10 Construction ($80,045.41; not to exceed CCO 11 $29,523,875.05) for the State Route 178 and CCO 12 Fairfax Road Interchange Project (TRIP). Bids: Accept bid from Sunrise Lighting Systems, Inc. ($58,950.23) for decorative fixtures and poles for Aera Park. t. Resurfacing of Calloway Drive from Rosedale Highway to Meacham Road: Accept bid and award contract to Burtch AGR 08-182 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. u. Accept bid and award contract to A-C Electric AGR 08-183 Company ($66,000.00) for the electrical upgrade and installation of emergency generator at Fire Station No. 9. v. Accept bid and award contract to Woeste Electric, AGR 08-184 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. 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. Bakersfield, California, October 22, 2008 -Page 6 4. 5 CONSENT CALENDAR continued ACTION TAKEN 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. Assistant City Clerk Gafford announced a correction to Item 4.i.2. regarding the job specification, which was provided by staff. Councilmember Weir announced he would abstain due to conflict of interest, source of income on item 4.b. Motion by Vice-Mayor Hanson to approve Consent APPROVED Calendar items 4.a. through 4.z. AB COUCH, SULLIVAN CLOSED SESSION None. Motion by Vice-Mayor Hanson to recess at 5:23 p.m. APPROVED AB COUCH, SULLIVAN RECONVENED MEETING - 6:30 p.m. 6. 7 8. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Sullivan, Scrivner Absent: Councilmember Couch INVOCATION by Councilmember Carson PLEDGE OF ALLEGIANCE by Vice-Mayor Hanson Mayor Hall recognized students from two Bakersfield College Political Science classes. 9. CLOSED SESSION ACTION None. Bakersfield, California, October 22, 2008 -Page 7 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. Bill Cooper and Rich O'Neil accepted the proclamation, plaques, and made comments. b. Presentation by Mayor Hall to Dianne Hoover, Recreation and Parks Director, in recognition of agency accreditation by the National Recreation and Park Association. Recreation and Parks Director Hoover accepted the Certificate of Appreciation, made comments, and recognized staff who participated in the process. 11. PUBLIC STATEMENTS James Acton spoke regarding City Building and Police issues. Vice Mayor Hanson asked Assistant City Manager Stinson to get together with Mr. Acton and follow-up regarding his concerns. 12. APPOINTMENTS None. 13. CONSENT CALENDAR HEARINGS None. 14. HEARINGS None. 15. REPORTS None. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS ACTION TAKEN None. Bakersfield, California, October 22, 2008 -Page 8 18. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Benham asked staff to make contact with a constituent about problems she is having with the Kern Delta Water District regarding the upkeep and unhealthy condition of the canal in the 1200 block of Lake Street. Vice-Mayor Hanson asked staff to check into a request from the Bakersfield Music Theater. Vice-Mayor Hanson asked about the status of his previous referral regarding Mr. Jennings and the brick wall he had to repair. Councilmember Carson reminded the young people to vote in the upcoming election. Mayor Hall asked for consideration that the City look at any and all opportunities to assist the local franchise and work with community partners to maintain minor league baseball in Bakersfield. Mayor Hall asked staff to make a presentation at a future City Council Meeting regarding the status of professional baseball in Bakersfield, what the land offer is from California State University, Bakersfield, and what obstacles and opportunities exist with respect to keeping professional baseball in our City. Mayor Hall announced he and 36 volunteers, including Councilmember Sullivan, collected 45 bags of trash along Highway 99 over the weekend, making a total of 1,708 bags collected since the inception of the program four years ago, and he encouraged people to dispose of litter properly and announced the next Mayor's litter pickup day will be November 22"d Mayor Hall recognized Assistant City Manager Stinson for finding $340,000 on the tax rolls. Vice-Mayor Hanson thanked Recreation and Parks Director Hoover and her staff for their landscaping efforts and for a job well-done on the program. Vice-Mayor Hanson asked City Manager Tandy to poll the other Councilmembers with regard to starting the meeting at 5:15 p.m. and continue right through when there is a short agenda. Bakersfield, California, October 22, 2008 -Page 9 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Benham requested when staff reviews the possibilities regarding the baseball stadium to give some consideration with what could be done at the Sam Lynn site. 19. ADJOURNMENT Mayor Hall adjourned the meeting at 7:05 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield