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HomeMy WebLinkAbout01/14/09_CC_AGENDA_PACKET~~ AGENDA HIGHLIGHTS January 14, 2009 COUNCIL MEETING REGULAR MEETING - 5:15 v m WORKSHOPS The City Manager will provide a report on the status of Professional Baseball in Bakersfield in response to a referral from Mayor Hall. CLOSED SESSION There will be a conference with legal counsel regarding three cases of existing litigation and a conference with the labor negotiator. CONTINUATION OF REGULAR MEETING - Aooroximately 6.30 n m APPOINTMENTS There will be one appointment to the Golden Empire Transit District Board. In addition, Vice Mayor Scrivner will put forward his appointments to City Council Committees and other special committees and boards. CONSENT CALENDAR Ordinances Item 12c. First Reading of Ordinance Amending of the Municioal Code Sp cifically Adding a Definition of "Timely Filma" of a Final Man and Adding Related Text to the Applicable Final Man Chanters for "Timely Filing" Procedures. The proposed amendments to the Subdivision Ordinance reflect the desire to clarify subdivision map filing procedures and provide cohesive instructions for City customers. The recommendations reflect items that staff recently identified through working with the private sector and the City's Public Works Department collectively. These changes provide clarity and functionality in applying subdivision standards. The Planning Commission held an advertised public hearing on this request and no one spoke in opposition to the project at that hearing. Resolutions It®m 12f. Resolution Sunportina the Sale of PG&E's Kern Power Plant Property to World Oil Coro This resolution supports Pacific Gas and Electric's application to the California Public Utilities Commission to sell its non-operating Kern Power Plant facility. The property, which is located at Rosedale Highway and Coffee Road, is being purchased by World Oil for $5 million. World Oit will be responsible for dismantling the plant and performing any environmental clean-ups that may be required as part of any future development of the site. Item 12h. COPLINK Data Management/Exchange Software for the Police KC Re Dex Project The Bakersfield Police Department has taken the lead role (among eleven participating agencies in Kern County) in developing and hosting the Kern Law Enforcement Regional Data Exchange (KC Re-Dex). The goal of this project is to create a system that will allow Kern County law enforcement agencies access to criminal background and other important information relating to suspects they contact who reside in other jurisdictions. Once completed, the Re-Dex system will be able to connect with the Records Management System data from agencies outside of Kern County and the State of California. There are three actions associated with this agenda Item: First, approval of a resolution determining that data management and exchange software compatible with both the police records management system and the exchange software used by the majority of California law enforcement agencies in Southern California cannot be reasonably obtained through the usual bidding procedures. Authorize the Finance Director to dispense with bidding and purchase one COPLINK data management and exchange software system from Knowledge Computing Corporation. Second, approval of an agreement with Knowledge Computing Corporation to purchase COPLINK Software, in an amount not to exceed $145,000. Third, appropriate $100,000 in Asset Forteiture Funds to the Police Department's Capital Improvement Budget within the Capital Outlay Fund for the KC Re-Dex project. Agreements Item 12i. Cooperative Agreement With the State of California Department of Transportation for the Hageman Flyover Project. This project is part of the Thomas Roads Improvement Program and both the City and-the California Department of Transportation have been working together on it. This cooperative agreement outlines the roles and responsibilities of both agencies, with regard to the development of this project, and is necessary to complete the Environmental Document for the project. Item 12j. Auburn Street Realignment Proiect In preparation for the upcoming Morning Drive Interchange Project, the intersection of Auburn Street and Morning Drive needs to be relocated to the north to meet freeway off-ramp spacing requirements. To accomplish this, Auburn Street is going to be realigned through the existing Canyon Hills Assembly of God Church (Canyon Hills) property to the west of Morning Drive. Upon completion of the new roadway, the existing roadway will be vacated to Canyon Hills. In addition, Canyon Hills has requested and agreed to pay for and maintain their own landscape and irrigation system within the medians upon completion of the road project. There are five actions associated with this agenda item: First, approval of the Memorandum of Understanding regarding the exchange of real property with Canyon Hills for the future realigned Auburn Street. Second, approval of the Improvement Agreement with Canyon Hills for the installation of landscape and irrigation system in the medians of the future realigned Auburn Street. Third, approval of the Landscape Maintenance and License Agreement with Canyon Hills for the maintenance of landscape and irrigation system in the medians of the future Auburn Street. Fourth, approval of an amendment to an agreement with Ruettgers and Schuler Civil Engineers, for engineering design services for the Auburn Street Realignment Project in the amount of $32,234.45. Fifth, accept low base bid and award contract to Griffith Company to construct the Auburn Street Realignment Project in the amount of $1,079,488. Item 1Zm. Amendment No. 1 to Agreement 06-208 with Dokken Engineerin for Engineering Design Services for the Westside Parkway Project -Phase IV in the amount of $2 272 000 and not to exceed $6.685.674. Dokken Engineering is currently under contract to provide Engineering Design Services (final construction plans) for the Westside Parkway (WSP) Phase I (including the Westside Parkway/Mohawk interchange). Phase IV of the WSP is the segment that connects the Phase I Agenda Highlights -January 14, 2009 Council Meeting Page 2 '~ interchange with Truxtun Avenue. Due to the relationship of the two projects, it was always the plan to have the same firm provide engineering design services for both Phases. However, at the time Phase I was awarded, the preliminary design of Phase IV was not complete and therefore Dokken could not accurately define their scope of work or fee for Phase IV. Item i2n. Amendment No. 5_to Aareement No 04-214 with Parsons Water and Infrastructure for Desian and Construction Services for Wastewater Treatment Plant N 3 2007 Expansion Proiect in the amount of $1.976.884 and not to exceed 514.943.480. Parsons Water and Infrastructure is the design engineer for the expansion of Wastewater Treatment Plant 3. The scope of work and funding in Amendment 5 includes additional design services for arterial roads around the plant and future Sports Village ($24,173) as well as continued funding for engineering support during construction ($1,952,711). Item 120. Wastewater Treatment Plant No 3 - 2007 EXDanSIOn Proiect This project provides for a major expansion and upgrade to Wastewater Treatment Plant No. 3, located at 8101 Ashe Road. There are two actions associated with this agenda item: First, approval of contract change order No. 4 to an agreement with Kiewit Pacific Corporation in the amount of $399,495 and not to exceed $212,318,515, for design revisions due to various reasons. Second, transfer $399,495 contingency established for this project to the Public Works Department's Capital Improvement Budget. Miscellaneous Item 12t. Riaht of Entrv Aareement with PG&E to Replace 34" Natural Gas Line on City Owned Proo in the amount of 590.500. PG&E needs to replace its existing natural gas transmission line that crosses City property, which is the site of the future Sports Park on the north side of Taft Highway between Ashe Road and Gosford Road. The purpose for this relocation project is to comply with Federal and State guidelines for pipeline safety, due to extensive development in this part of the City. PG&E will pay the City $90,500 for the right to enter and construct the pipeline and for granting the easement to PG&E. The proceeds from the sale of the easement are to be dedicated to the Sports Village Project. REP R S Item 15a. Update on Cat,ital Cmorovement Program Budget The Public Works Director will present a mid-year report on the capital improvement program. Approved: Alan Tandy, City Manager cc: Department Heads Ciry Manager's File City Clerk's File News Media File Agenda Highlights -January 14, 2009 Council Meeting Page 3 ~~~ BAKERSFIELD CITY COUNCIL • AGENDA " ~ °~ MEETING OF JANUARY 14, 2009 Council Chambers, City Hall, 151 Truxtun Avenue Regular Meeting - 5:15 p.m. and reGOnvenes at 6:30 p.m. (10 min) REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS a. Report on status of professional baseball in Bakersfield. (Presentation by city Manager Alan Tandy) 4. CLOSED SESSION a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for Robert Pratt v City (KCSC Case Nos. S-1500- CV-253264-AEW, S-1500-CV-259414-AEW & S-1500-CV-261666-AEW) b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Maria Stewart v Mark Calvillo, City, et al (USDC, Eastern District, Case No. 1:07-CV- 00495-LJO-NEW) 2. Michael Stewart v City, et al (KCSC vase No. S-1500-CV-258510-LPE) c. Conference with Labor Negotiator pursuant t+b Government Code Section 54957.6 RECONVENED MEETING -approximately 6:30 p.m. 5. 6. 7. 8. 9. 10. 11. ROLL CALL INVOCATION by Rabbi Shmuel Schlanger, Chabad bf Bakersfield PLEDGE OF ALLEGIANCE by Lian McQueen, 3rd Grade Student at Del Rio Elementary School. CLOSED SESSION ACTION PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Erica George, Miss Teen Bakersfield 2008, declaring January 14, 2009 as Erica George bay. PUBLIC STATEMENTS APPOINTMENTS a. One appointment to the Golden Empire Transit District Board due to the expiration of term of Howard Silver, term expired January 6, 2009: Staff recommends Council determination. b. Appointments to City Council Committees ar~d other special committees and boards by Vice- Mayor Scrivner for 2009-2010. To be determined by Vice-Mayor and ratified by Council. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the December 17, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from December 5, 2008 to December 31, 2008 in the amount of $30,293,773.59 and self-insuranC~ payments from December 5, 2008 to December 31, 2008 in the amount of $382,480.10. Ordinances: c. First Reading of Ordinance amending Municipal Code Section 16.08.155 adding a definition of timely filing of a final map and Chapters 18.20 & 16.22 adding related text for timely filing procedures. (Wards 1,4,5) d. First Reading of Ordinance amending Municipal Code Sections 1.12.010, 1.12.040 and 1.12.050 by adding Annexation No. 560 consisting of 7,484 square feet located south of Blomquist Drive, east of McDonald Way and north of Belle Terrace; Annexation No. 577 consisting of 0.52 acres located north of Belle Terrace and Annexation No. 577 consisting of 0.52 acres located north of Belle Terrace, sc~~th of Blomquist Drive and east of Fiorito Street to Ward 1, Annexation No. 555 consisting of 42.73 acres located on the north side of Snow Road, west of the Calloway Canal to Ward 4 and Annexation No. 496 consisting of 44.9 acres located south of McCutchen Road, wt~st of Gosford Road to Ward 5. e. Adoption of the following Ordinances (FR 12117/08): 1. Amending Section 2.40.050 § A relating to powers and duties of Director and Assistant Director of Emergency Services. 2. Amending Section 17.64.060 § E relating to modifications and conditional use permits. 3. Amending Section 15.66.030 §A.3.b:iii & C.1 relating to drilling for and production of petroleum permits, and Section 15.6:040 § C.2, C.3 & C.7.b relating to development standards for Class 1 permits. 4. Deleting Section 17.68.020 §G relating to unreinforced masonry buildings. Resolutions: Resolution supporting the sale of PG&E Kern Power Plant property to World Oil Corp. (Ward 7) g. Sewer Connection Fee Assessment: Resolution confirming assessments for the connection fee and authorizing the collection of assessments by the Kent County Tax Collector. 2. Agreement with William L. Carr and Alma P. Carr, 2517 Teresa Way, to pay connection fee in installments of notice of special assessment lien. -upon annexation 2 Ciry Council Meeting of 01/14/2009 12. CONSENT CALENDAR continued h. COPLINK Data Management/Exchange Software for the Police KC Re-Dex Project: 1. Resolution determining that data management and exchange software compatible with ,both police records management system (Versaterm) and exchange software used by majority of California law enfr~rcement agencies in Southern California cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance birector to dispense with bidding therefore and purchase one COPLINK data management and exchange software system from Knowledge Computing Corp., not to exceed $145,000. 2. Agreement with Knowledge Computing Corp. ($145,000) to purchase COPLINK Software to provide the Police Department the platform to host the Kern County Data Excliange. 3. Appropriate $100,000 Asset Forfeiture funds to the Police Department Capital Improvement Budget within the Capital Outlay Fund for the Kern Law Enforcement Re-Dex Project. Agreements: (Ward 3) i. Cooperative Agreement with the State of California Department of Transportation for the Hageman Flyover Project. (TRIP) (Ward 3) j. Auburn Street Realignment Project: 1. Approve Memorandum of Understanding regarding the exchange of real property with Canyon Hills Assembly of God Church (Canyon Hills) for the project. 2. Approve Agreement with Canyon Hips Assembly of God Church for the installation of landscape and irrigation system in the medians. 3. Approve Landscape Maintenance and License Agreement with the Canyon Hills Assembly of God Church for the maintenance of landscape and irrigation system in the medians. 4. Approve Amendment No. 2 to Agreement PW 07-097 with Ruettgers and Schuler Civil Engineers ($32,234.45; total not to exceed $71,734.45) for engineering design services. 5. Accept low base bid and award contract to Griffith Company ($1,079,488) to construct Auburn Street Realignment. k. Amendment No. 1 to Agreement No. CA08-013 with Aleshire & Wynder, LLP (total not to exceed $80~b00) for outside legal services fdr redevelopment and/or other miscellaneous matters as directed by City Attorney. (Ward 3) I. Amendment. No. 1 to Agreement No. 06-173 with Columbus Avenue Housing Partners assigning its interest to Columbus Haven, LP (GEAHI-II) for the construction of a 56 affordable apartment complex (Residences at West Columbus) located at 500 West Columbus Street. (Ward 2) m. Amendmen#>No. 1 to Agreement No. 06-20g with Dokken Engineering ($2,272,000; total not to exceed $6,685,674) for engineering design services for the Westside Parkway Project Phase IV. (TRIP) (wary s) n. AmendmentNo. 5 to Agreement No. 04-214 with Parsons Water and Infrastructure ($1,976,884; :total not to exceed $14,943,480) for design and construction services for Wastewater Treatment Plant No. 3 - 2007 Expansion Project. 3 City Council Meeting of 01/14/2009 12. (Ward 6) CONSENT CALENDAR continued o. Wastewater Treatment Plant No. 3 - 2007 Expansion Project: 1. Contract Change Order No. 4 to Agreement No. 07-302 with Kiewit Pacific Corp. ($399,495; total not to exceed $212,318,515). 2. Transfer $399,495 contingency established for Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department Capital Improvement Budget. (Ward 2) (Ward 1) (Ward 4) 13. 14. 15. 16. 17. 18. 19. Bids: p. Accept bid and award contract to Carrier Corp. ($48,896) for replacement of the cooling tower at the Convention Center. q. Extend bid from Blackhole Technologies, Inc. ($99,857.26) for 140 additional vehicle on- board tracking systems (GPS units) for the Public Works Department. r. Reject bids for roof replacement at Martin Luther King, Jr. Center, 1000 South Owens Street. Miscellaneous: s. Appropriate $20,000 contribution from Parsons Corp. for landscape improvements at Aera Park to the Recreation & Parks Capital Improvement budget within the Capital Outlay Fund. t. Right of Entry Agreement with PG&E to replace 34" natural gas line on city owned property (future Sports Village site located on the north side of Taft Highway between Ashe Road and Gosford Road) in the amount of $90,500. Staff recommends adoption of Consent Calendar items a through t CONSENT CALENDAR HEARINGS HEARINGS REPORTS a. Update on Capital Improvement Program Budget. Staff recommends acceptance of report. DEFERRED BUSINESS NEW BUSINESS COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, ~~, ~~ i ~, ~, Alan Tandy City Manager 01 /07/09 1:30pm 4 City Council Meeting of 01/14/2009 A ~ ~ ADMINISTRATIVE REPORT MEETING DATE: January 14, 2009 AGENDA SECTION: Workshop ITEM: ~ „ TO: FROM: DATE; SUBJECT Honorable Mayor and City Council Alan Tandy, City Manager January 6, 2009 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Report on the Status of Professional Baseball in Bakersfield Referral by Mayor Hall RECOMMENDATION: Staff recommends Council receive and file the report. BACKGROUND: At the City Council meeting on October 24, 2008, Mayor Hall requested "Staff make a presentation to Council on the status of professional baseball in Bakersfield, the possible land offers, obstacles, and opportunities for keeping baseball in Bakersfield." Status of Professional Baseball in Bakersfield Bakersfield has had professional baseball since 1941, a total of 67 years. The current team is the Bakersfield Blaze, which is in the California Baseball League at the Single A level. The Major League affiliate of the Blaze is the Texas Rangers. Minor League baseball teams are privately-owned businesses; the owner of the Blaze being D.G. Elmore. The affiliation agreement with a Major League team supplies players, coaches and a manager. The California League likes Bakersfield because of our population, media coverage and location. For many years, however, the facility in which the team plays, Sam Lynn Ballpark, has had negatives that threaten the continuation of the game in our community. Sam Lynn Ballpark is built "backwards," meaning the fans and the batter look into the setting sun. It is dangerous to the valuable prospects assigned here and adds to the heat and discomfort of the fans. Most games should start at 7:15 p.m. At certain times of the year, the sun causes games to start later than that, which makes it too late for many families and children to attend. Additionally, the Major League has standards for Minor League stadiums that require certain safety, quality, and training opportunities, among other considerations. Sam Lynn Ballpark does not meet these standards, thus jeopardizing the likelihood of keeping a franchise here. Sam Lynn Ballpark cannot be reasonably brought up to Major League standards. It is too old and faces the wrong direction. January 7, 2009, 10:29AM S:Wdmin Rpts\2009\Stadium report 011409.doc AT:aI Page 1 of 4 ADMINISTRATIVE REPORT Potential Transfer of the Franchise to the Carolina League The Bakersfield franchise and team -may be relocated to the Carolina League after the 2009 season. A deal has been reached to that end, but there are several things that must take place with multiple-party involvement to consummate the deal. In short, there is a strong probability that such a transfer will occur, but it is not certain. Should the franchise leave after the 2009 season, getting one back could be difficult. Each Major League team now has one -Class A long season affiliate. There are, therefore, a set number of Class A franchises out there. The only way to get a franchise would be for a transfer to occur from another California League city. Most teams in the California League have new stadiums; the pool from which such a transfer could occur would be very small. New Stadium A new, modern stadium would save professional baseball in Bakersfield for the long term. The California League is even willing to commit that a new stadium would assure a franchise was here if a commitment to it were made within two years. If that window passes, it would be extremely difficult to even bring the franchise back under current baseball rules. Attached you will find a survey of the cost and sizing of some other Minor League facilities. Based on that survey, and work done in Bakersfield on earlier stadium efforts, we can establish parameters on what a suitable facility might cost, based on the following: • Excellent Facility 0 5,000 fixed seats 0 1,500 berm or grass seats o Top flight amenities o No land or relocation costs o $35 million • Good Facility 0 4,000 fixed seats o Decent quality amenities o No land or relocation costs o $25 million • Fair Facility o Fewer seats o No sunshade o Minimal amenities o No land or relocation costs o $18 - $20 million If built at a downtown location, another $25 million would be added to each option for land and relocation costs, etc., and at least two years would have to be added to the time frame. January 7, 2009, 10:29AM S:Wdmin Rpts\2009\Stadium report 011409.doc AT:aI Page 2 of 4 ADMINISTRATIVE REPORT California State University Bakerstileld (Cal State) Cal State has made the move to a Division I baseball program and needs a stadium for that purpose. They would not require the same seating capacity or costs as shown above for their own use. They have offered the land on campus for ajoint-use facility. That eliminates the potential for the additional $25 million in land and relocation costs. The Cal State campus is centrally located, safe, and a positive environment for family activities. Overflow parking is available from exiting campus parking lots at many times when they might be needed for baseball. Access to the campus is good, and, therefore, infrastructure costs for streets, water and sewer lines, etc. are minimal. There is a practice field under construction next door to the site that has been designated. Cal State is desirous of a joint-use facility to share construction and operating costs. Multiple other uses would exist on campus for stadium needs, such as youth baseball, speeches, commencement exercises, etc. The campus is surrounded by large businesses that could add support for a Minor League team, as well as commercial sponsorships. There are restaurants and commercial facilities nearby (The Marketplace, for example) for those who might want to dine out before a game. Cal State's offer to share the land and associated cost reductions may not last forever. Eventually they may build an on-campus facility at the size they need which would preclude ajoint-use facility in the future. There is no date for that. Sam Lvnn Ballpark Site A reasonable question is, can the site at Sam Lynn Ballpark be used, thus providing another land and relocation-free alternative? The current facility would have to be completely demolished due to its k I backward orientation. There is also the issue of where the team would play during the one or two seasons when the facility was under reconstruction. More significantly, the site is not suitable for the needs of the League. The ballpark and the area in which is located do not have the safe, comfortable family-friendly image that is needed today. Access is limited. Other uses along North Chester Avenue essentially block its view from the street for passers-by. It is not surrounded by the kinds of restaurants and commercial facilities that are optimal. Finally, and most significantly, the owner, the League and most baseball experts believe the site has been Nplayed out", meaning that so many people have had negative experiences there, they are not willing to give it another try. Over the years, there have been many prospective owners and experts whose collective opinions on this matter are nearly identical. Obstacles and Opportunities to Keeping Professional Baseball Obstacles o The facility in which they play! o The cost of replacement o The time frame that indicates something needs to be done soon o The current economic climate and resulting impacts on potential funding sources, both public and private January 7, 2009, 10:29AM S:Wdmin Rpts120091Stadium report 011409.doc AT:aI Page 3 of 4 ADMINISTRATIVE REPORT • Opportunities o The Cal State offer of land and benefits of joint use o The League wants Bakersfield to have a franchise o Sixty seven (67) years of professional baseball in town o Supportive team owner January 7, 2009, 10:29AM S:1Admin Rpts\Z009\Stadium report 011409.doc AT:aI Page 4 of 4 A y 4 ~ ~ C~ d ~ ~,n,~s r ADMINISTRATIVE REPORT MEETING DATE: January 14, 2009 AGENDA SECTION: Closed Session ITEM: !~ Q TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: December 18, 2008 APPROVED DEPARTMENT HEAD l~l~ CITY ATTORNEY p'/c~ CITY MANAGER ~-J SUBJECT: Conference with Legal Counsel -Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (One case). • Robert Pratt v. City of Bakersfield KCSC Case Nos. S-1500-CV-253264-AEW, S-1500-CV-259414-AEW, and S-1500-CV-261666-AEW VG:Isc S:\COUNCIL\CI SessVldmins\08-09\1-14-09ExistLit.doc ~ A 4 ° U O C LL~ t ADMINISTRATIVE REPORT MEETING DATE: January 14, 2009 AGENDA SECTION: Closed Session ITEM: t/ , T0: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: January 6, 2009 APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY ~ ,- CITY MANAGER SUBJECT: Conference with Legal Counsel -Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Two cases). Maria Stewart v. Mark Calvillo, City of Bakersfield, et al. USDC, Eastern District, Case No.1:07-cv-00495-LJO-NEW • Michael Stewart v. City of Bakersfield, et al. Kern County Superior Court, Case No. S-1500-CV-258510-LPE VG:Isc S:\COUNCIL\CI SessWdmins\08-09\1-14-09ExistLit2.doc ~ A ~ y ~ ~ / U ~ ~ s ADMINISTRATIVE REPORT MEETING DATE: January 14, 2009 AGENDA SECTION: Closed Session ITEM: ~ J, c , TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: December 18, 2008 APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY V~- CITY MANAGER BPS SUBJECT: Conference with Labor Negotiator pursuant to Government Code section 54957.6. VG:Isc S:\COUNCIL\CI SessWdminsWB-09\t-14-O9LaborNeg.doc BA O~~GOAPOA~ C s ~ ~ ~~ ADMINISTRATIVE REPORT c ~~'° LIFO MEETING DATE: January 14, 2009 AGENDA SECTION: Presentations _~..~ ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEA~~~~ DATE: December 30, 2008 CITY ATTORNEY CITY MANAGER ,PS SUBJECT: Presentation by Mayor Hall of a Proclamation to Erica George, Miss Teen Bakersfield 2008, declaring January 14, 2009, Erica George Day in the City of Bakersfield. RECOMMENDATION: BACKGROUND: krt A ''~ ~ / ° ADMINISTRATIVE REPORT 4..u• MEETING DATE: January 14, 2009 AGENDA SECTION: Appointments ITEM: ~ ~. qr. T0: Honorable Mayor and City Council FROM: Pamela A. McCarthy, City Clerk DATE: January 5, 2009 APPROVED DEPARTMENT HEAD CITY ATTORNEY_~Q CITY MANAGER iPsS SUBJECT: One appointment to the Golden Empire Transit District Board due to the expiration of term of Howard Silver, term expired January 6, 2009. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Golden Empire Transit District Board due to the expiration of term of Howard Silver, whose term expired January 6, 2009. The news release for this recruitment was posted on -- October 29, 2008. One application to fill the expired term has been received from: • Howard D. Silver The Golden Empire Transit District Board supervises and regulates transit facilities owned, operated or controlled by the district, including establishment of rates, rentals, charges and classifications, enforcement of regulations, contracts, practices and schedules. City representatives are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their 4-year term. Meetings are held the first and third Tuesdays of each month at 5:30 p.m. in the District Board Room at 1830 Golden State Avenue. January 5, 2009, 10:56AM S:\BdsB~Comm\GETDWdmin Jan 07.dot MEETING DATE: January 14, 2009 AGENDA SECTION: Appointments ITEM: 1 b TO: Honorable Mayor and City Council FROM: Pamela A. McCarthy, City Cler~ DATE: January 5, 2009 APPROVED DEPARTMENT HEA~ ~e AT CITY ATTORNEY CITY MANAGER /eS SUBJECT: Appointments to City Council Committees and other special Committees and Boards by Vice-Mayor Scrivner for 2009 - 2010. RECOMMENDATION: To be determined by Vice-Mayor and ratified by Council. BACKGROUND: In accordance with Section 2.02.020 of the Municipal Code, the creation of and appointments to Council Committees are made by the newly elected Vice-Mayor, with ratification by the Council. At the December 14, 2008 Council meeting, Councilmember Zack Scrivner was elected Vice-Mayor. Accordingly, recommendations for appointments will be made for the following standing Council Committees and other committee and board appointments: Standing Committees: Budget and Finance Community Services Legislative and Litigation Personnel Other Vice-Mayor Appointments: Planning and Development Safe Neighborhoods and Community Relations Water Resources Kern Council of Governments Local Agency Formation Commission Kern Economic Development Solid Waste Management Advisory Kern County Museum Authority Planning Commission Liaison *San Joaquin Valley Air Pollution Control District -Special City Selection Committee *Recent legislation (SB 1548 - Florez), signed by Governor Schwarzenegger, established avalley-wide Special City Selection Committee which is charged with making appointments of city representatives to the San Joaquin Valley Air Pollution Control District (District) Governing Board. The District Board consists of fifteen members, five of which are reserved for City Council representatives. Currently four of the five city seats are vacant. This is a new process which replaces the process previously used where the League of California Cities made appointments to the city positions. $A OFy ~, S ~ ~ ADMINISTRATIVE REPORT ~ ~~t. LI 0 MEETING DATE: January 14, 2009 - .AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Pamela McCarthy, City Clerk DEPARTMENT HEAD ~' DATE: January 5, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of minutes of the December 17, 2008 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw MEETING DATE: January 14, 2009 AGENDA SECTION: Consent Calendar _ ., ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: January 5, 2009 CITY ATTORNEY !/~'r CITY MANAGER ~S SUBJECT: Approval of department payments from December 5, 2008 to December 31, 2008 in the amount of $30,293,773.59 and Self Insurance payments from December 5, 2008 to December 31, 2008 in the amount of $382,490.10. RECOMMENDATION: Staff recommends approval of payments totaling $30,676,263.69. BACKGROUND: RAR t January 5, 2009, 11:34AM S: U2ich a ni W P W DM I N W DM I N-AP. d oc A ADMINISTRATIVE REPORT MEETING DATE: January 14, 2009 ~= AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: December 22, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an ordinance amending the text of Title 16 (Subdivision Ordinance) of the Bakersfield Municipal Code, specifically adding a definition of "timely filing" of a final map (Section 16.08.155), and adding related text to the applicable Final Map Chapters (16.20 and 16.22) for "timely filing" procedures. RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On November 20, 2008, the Planning Commission held an advertised public hearing on this request to amend the text of Title 16 (Subdivision Ordinance) of the Bakersfield Municipal Code, and recommended adoption by the City Council. This project is an amendment to the text of the Subdivision Ordinance, Bakersfield Municipal Code Title 16, to specifically define "timely filing" of final maps and convey the associated procedures. The proposed additions to the Subdivision Ordinance are necessary in order to provide two essential updates. First, it is necessary to update the Subdivision Ordinance (Title 16) in order to provide a precise definition for "timely filing" of a final map. The Subdivision Map Act's Government Code Section 66452.6(d) explains that "...once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map." However, the Subdivision Map Act does not indicate what constitutes a "timely filing." This determination is to be clarified in local ordinance. ~ The City of Bakersfield's Public Works Department has a long- standing practice of providing developers with the approved "Checklist for Final Tract Map Recordation" (Checklist). This checklist is used when processing all final map packages, including final tract maps as well as final parcel maps. The City's Planning and Public Works Departments have an internal policy that a "timely filing" is made when a developer submits all of the applicable items listed on the Checklist. Staff desires to codify this policy in the following addition to the local subdivision ordinance. The proposed amendments to the Subdivision Ordinance reflect the desire to clarify subdivision map filing procedures and provide cohesive instructions for our customers. The recommendations are items that staff has recently identified through working with the private sector and the City's Public Works December 22, 2008, 9:04AM KStrea/S:IDanaIADMINS12009Van11-14 Amendment to Title 16 (timely filing) 1.doc ADMINISTRATIVE REPORT Department collectively. Overall, the proposed changes provide clarity and functionality in applying _ subdivision standards. _.. , - No one spoke in opposition to the project at the Planning Commission hearing. This project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures. Under the general rule of CEQA in accordance with Section 15061 (b) (3), it can be seen with certainty that there is no possibility that adoption of the proposed ordinance will have a significant affect on the environment. Staff recommends first reading of the amendment to the text of Title 16 (Subdivision Ordinance) of the Bakersfield Municipal Code. December 22, 2008, 9:08AM KShea/ S:IDanaIADMINS12009Uan11-14-Amendment to Tdle 16 (timely filing) 1.doc MEETING DATE: January 14, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: December 22, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections §1.12.010, §1.12.040 and §1.12.050 by adding Annexation No. 560 consisting of 7,484 square feet, located south of Blomquist Drive, east of McDonald Way and north of Belle Terrace and Annexation No. 577 consisting of 0.52 acres, located north of Belle Terrace, south of Blomquist Drive and east of Fiorito Street to Ward 1, Annexation No. 555 consisting of 42.73 acres, located on the north side of Snow Road, west of the Calloway Canal to Ward 4 and Annexation No. 496 consisting of 44.9 acres, located south of McCutchen Road, west of Gosford Road to Ward 5. (Wards 1, 4 & 5) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexations 560, 577, 555 and 496 into corresponding Council wards. These annexations were recently approved by LAFCO. Annexation No. 560 is located south of Blomquist Drive, east of McDonald Way and north of Belle Terrace. The property consists of a 7,484 square foot vacant parcel. Property owners requested annexation for development purposes and to receive city services. Annexation No. 577 is located north of Belle Terrace, south of Blomquist Drive and east of Fiorito Street. The property consists of 0.52 acre parcel. The property owners requested annexation for to receive city services. Annexation No. 555 is located on the north side of Snow Road, west of the Calloway Canal. The property consists of 42.73 acres. The property owner proposes to develop office commercial on a portion of the site and the remaining portion in estate residential development. The property owner requested annexation for development purposes and to receive city services. Annexation No. 496 is located south of McCutchen Road, west of Gosford Road. The property consists of 44.9 acres of vacant land. Annexation of this parcel substantially reduces an existing county island. The property owner requested annexation for development purposes and to receive city services. S:Wnnexatlonl0rdinances\20081Admin Draft 1-14-09 560, 577, 498 8 555 .DOC ~ A U ~ ~° ADMINI STRATIVE REPORT L MEETING DATE: January 14, 2009" AGENDA SECTION: Consent Calendar ~:,.,,, ITEM: . ~ _. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney December 18, 2008 1. Adoption of Ordinance Amending Section 2.40.050 Subsection A Relating to Powers and Duties of Director and Assistant Director of Emergency Services. 2. Adoption of Ordinance Amending Section 17.64.060 Subsection E Relating to Modifications and Conditional Use Permits. 3. Adoption of Ordinance Amending Section 15.66.030 Subsections A.3.b.iii and C.1 Relating to Drilling For and Production of Petroleum Permits, and Section 15.66.040 Subsections C.2, C.3 and C.7.b Relating to Development Standards for Class 1 Permits. 4. Adoption of Ordinance Deleting Section 17.68.020 Subsection G Relating to Unreinforced Masonry Buildings. APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY C f CITY MANAGER /~ RECOMMENDATION: Staff recommends adoption of the proposed ordinance amendments. BACKGROUND: About once a year or as needed, various Departments throughout the City request changes to the Bakersfield Municipal Code (BMC) 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. Recent amendments to the BMC were made on October 2, 2008, but Staff felt that some additional amendments to the code were necessary. The following is a list of ordinances that are being recommended by Staff for changes: 1. BMC Section 2.40.050 Subsection A. The amendment inserts "Fire Chief" for "Director of Fire and Development Services." This amendment is due to the fact that the City does not have a Director of Fire and Development Services and because after a recent review of the Emergency Operation Plan (EOP), assigning the Fire Chief as the assistant director of emergency services is consistent with the EOP and current practices of the City. 2. BMC Section 17.64.060 Subsection E. The amendment changes the length of time in order to exercise rights granted by a modification or conditional use permit from one year to two years after the date of the final decision. This change is consistent with Section 17.08.080 Subsection D where there is a two-year approval period for a site plan, and because a site plan is often approved concurrently with a conditional use permit or modification use permit and should have the same two-year expiration period. December 18, 2008, 4:09PM S:\COUNCILVIdmins\0&09 Admins\Clesnup of Ordinancss2-2nd.doc ADMINISTRATIVE REPORT 3. BMC Section 15.66.030 Subsections A.3.b.iii and C.1, Section 15.66.040 Subsections C.3 and C.7.b. The amendment to Section 15.66.030 Subsection A.3.b.iii consists of expanding portions of the Fruitvale Oil Field in order to exempt individuals that are annexed into the City so that those individuals do not have to change their requirements in order to drill. The amendment to Subsection C.1 allows an operator to drill without the need for a conditional use permit for any well that is specifically identified as a drill site. Section 15.66.040 Subsections C.2, C.3, and C.7.b insert "decision-making authority' for "B.Z.A.," which is a more accurate description of the current practices of the City. 4. BMC Section 17.68.020 Subsection G. This Section should be deleted as it expired on December 31, 1998, and has no further force or effect. The above ordinances had first reading on December 17, 2008. CKI/Isc December 18, 2008, 4:10PM S:\COUNCILWdminaWB-09 Admins\Cleanup of Ordinances2-2nd.doc MEETING DATE: January 14,-2009 AGENDA SECTION: Consent Calendar _.. ITEM: /~ ~' TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: December 30, 2008 CITY ATTORNEY CITY MANAGER /~S SUBJECT: Resolution supporting the sale of PG&E's Kern Power Plant property to World Oil Corp. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On September 4, 2008 Pacific Gas and Electric (PG&E) submitted an application to the California Public Utilities Commission to sell its non-operating Kern Power Plant facility located at Rosedale Highway and Coffee Road to World Oil Corp. In the past the City Council has expressed concerns that the power plant would possibly reopen and would impact surrounding areas which have become developed since the plant was shut down in 1985. There were also concerns that potential traffic, air pollution and other environmental impacts could result from any reopening of the plant. The City Council previously approved two resolutions in opposition to the potential sale and reopening of the plant. PG&E will sell approximately 120 acres of the property and retain approximately 30 acres to support the existing electrical distribution facility located on the property. The property is being purchased by World Oil for $5 Million and includes the non-operating power plant. World Oil will be responsible for dismantling the plant and pertorming any environmental clean-ups that may be required as part of eventual development of the site. World Oil has not yet determined the specifics of future development of the property. It is recommended that Council adopt the resolution in support of the sale. January 6, 2009, 1:31 PM S:Wdmin Rpts~2008~PG&E Power Plant Reso Admin. 1-14-09.doc BA 0~~, .~ e ~ + U ~ ADMINISTRATIVE REPORT ~ ~~~ !FO MEETING DATE: 01/14/09 AGENDA SECTION: CONSENT CALENDAR -- ITEM: la. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 25, 2008 CITY ATTORNEY CITY MANAGER OBJECT: Sewer connection Fee(s) Assessment (Ward 7). 1. Resolution confirming assessments for the connection fee(s) and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with William L. Carr and Alma P Carr, 2517 Teresa Way , to pay connection fee(s) in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: The property owner(s) at 2517 Teresa Way, desire to connect to the city sewer system. The property owner(s) claim that to pay the connection fee(s) would produce an economic hardship. To assist in paying the connection fee(s) the City has contracted with the property owner(s) to spread the connection fee(s) over a five (5) year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007 authorizes the Kern County Tax collector to collect the connection cost in five equal payments over the next five years. S:\PROJECTS\SewerConFee\Template Sewer Fee on Taxroll\2517 Teresa Way AK Q~yW RAT ~tr U~1 ADMINISTRATIVE REPORT C1 '~aur,L*' 10 MEETING DATE: January 24, 2009 AGENDA SECTION: Consent Calendar TO: Honorable Mayor and City Council FROM: Bob Trammell, I.T. Director DATE: January 5, 2009 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: COPLINK Data Management/Exchange Software for the Police Re-Dex Project A resolution determining that data management and exchange software compatible with both the police records management system (Versaterm) and the exchange software used by the majority of California law enforcement agencies in Southern California cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase one COPLINK data management and exchange software system from Knowledge Computing Corporation, not to exceed $145,000.00. 2. Independent Contractor's Agreement with Knowledge Computing Corporation to purchase COPLINK So ftware to provide the Bakersfield Police Department the platform to host the Kern Law Enforcement Regional Data Exchange (Re-Dex) in the amount not to exceed $145,000.00. 3. Appropriate $100,000 Asset Forfeiture Funds to the Police Department's Capital Improvement Budget within the Capital Outlay Fund for the Kern Law Enforcement Re-Dex Project. RECOMMENDATION: Staff recommends the adoption of the resolution, the approval of the agreement and the approval of the appropriation. BACKGROUND: The Bakersfield Police Department (BPD) has taken the I~ad role (among eleven participating agencies in Kern County) in developing and hosting the Kern Law Enforcment Regional Data Exchange (KC Re-Dex). The goal of this project is to create a system of interoperability that will allow Kern County law enforcement agencies access to criminal background, prior criminal offenses and other important information relating to suspects they contact who reside in other jurisdictions. Once completed, the Re-Dex system will be able to connect with the Records Management System (RMS) data from agencies outside of Kern County, and the State of Califomia. The Re-Dex system will receive RMS data from the participating agencies in Kern County, warehouse the data in a shared server, then allow the sharing of information (consensual contacts, vehicle descriptions, suspicious circumstance incidents, associate identification and other important information relating to suspects they contact who reside in other jurisdictions) within the Kern County Criminal Justice System. Page 1 ~..-, _ The Re-Dex system is comprised of two phases, an infrastructure upgrade and the COPLINK system (COPLINK). The first phase of this project is already underway; converting the current communications infrastructure RDLAP (Radio Data Link Access Protocol) to cellular technology to allow for faster transfer of data from the Communications Center and Records Management System to Mobile Data Computers (MDCs). The second phase of the Re-Dex project is to establish the BPD as the Re-Dex host, by purchasing and installing COPLINK software. The COPLINK System is a national model for law enforcement information sharing and analysis. The software offers BPD an instantaneous way to collect and analyze crime-related data from widely differing sources, agencies and jurisdictions. Connectivity between these diverse sources is critical for the BPD to share criminal history information and develop investigative leads with other jurisdictions. Utilizing COPLINK, the BPD can track criminals using cross jurisdictional crime analysis and map multi jurisdictional criminal activity. Sole-Source Any data management/exchange software considered for purchase by the City must first be compatible with Versaterm (the existing RMS). COPLINK has a proven track record with other law enforcement agencies who utilize Versaterm as their Records Management System. Moreover, any data management/exchange software considered for purchase by the City must also be capable of interfacing with law enforcement agencies up and down the state, outside of Kern County. COPLINK is the only system used by the California Department of Homeland Security, and the majority of Southern California law enforcement agencies (21 agencies in the Los Angeles area, 24 agencies in the Orange County area and 23 agencies in the San Diego area). The attached Resolution determining that data management and exchange software compatible with both the BPD RMS and the exchange software used by the majority of California law enforcement agencies cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding is also necessary. Funding The majority of the funding for this project has come from the 2007 State S.L. E.S.F. (Supplemental Law Enforcement Services Fund) allocation ($402,000.00). The requested $100,000.00 from Asset Forteiture Funds is needed to complete the project implementation. Therefore, we request $100,000 be appropriated to the Police Department's Capital Improvement Budget within the Capital Outlay Fund for the Re-Dex Project from the Police Asset Forfeiture Fund. Page 2 BA O~yeo oV~ S ADMINISTRATIVE REP ORT ~ ~w.,,ti~ IF MEETING DATE: January 14, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director December 30, 2008 APPROVED DEPARTMENT HEAD ~~~ CITY ATTORNEY CITY MANAGER ~S Cooperative Agreement with the State of California Department of Transportation for the Hageman Flyover Project. (TRIP) (Ward 3) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Hageman Flyover Project is part of the Thomas Roads Improvement Program (TRIP). The State of California Department of Transportation (Caltrans) and the City of Bakersfield have been working together on this project. The Project Study Report has been completed, and work on the environmental document is beginning. This cooperative agreement outlines the roles and responsibilities of both the City and Caltrans regarding development of the project, and is necessary to complete the Environmental Document for the project. December 30, 2008, 8:54AM Tdw:G:\GROUPDATIADMINRPT\2009\01-14\Hagemen Flyover Cooperative Agr admin.doc ~, of y~,.Po~, ~: • ~cn ADMINISTRATIVE REPORT ~ ~., • fF0 MEETING DATE: January 14, 2009 AGENDA SECTION: Consent Calendar ITEM,; «, • , TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 23, 2008 APPROVED DEPARTMENT HEAD ~. CITY ATTORNEY CITY MANAGER ~.S SUBJECT: Auburn Street Realignment Project (Ward 3) 1. Approve Memorandum of Understanding Regarding the Exchange of Real Property with Canyon Hills Assembly of God Church (Canyon Hills) for the future realigned Auburn Street. 2. Approve Improvement Agreement with Canyon Hills Assembly of God Church (Canyon Hills) for the installation of landscape and irrigation system in the medians of the future realigned Auburn Street. 3. Approve Landscape Maintenance and License Agreement with the Canyon Hills Assembly of God Church (Canyon Hills) for the maintenance of landscape and irrigation system in the medians of the future realigned Auburn Street . 4. Approve Amendment No. 2 to Agreement PW 07-097 with Ruettgers and Schuler Civil Engineers, for Engineering Design Services for the Auburn Street Realignment Project. (Additional $32,234.45). 5. Accept low base bid and award contract to Griffith Company, ($1,079,488.00) to construct the Auburn Street Realignment Project. RECOMMENDATION: Staff recommends approval of the low bid, amendment, and agreements. BACKGROUND: In preparation of the City's upcoming Morning Drive Interchange Project, the intersection of Auburn Street and Morning Drive needs to be relocated to the north to meet freeway off- ramp spacing requirements. To accommodate this intersection relocation, Auburn Street is going to be realigned through the existing Canyon Hills property to the west of Morning Drive. As part of this realignment, Canyon Hills has agreed to dedicate the future roadway to the City and upon completion of the new roadway, the existing roadway will be vacated to Canyon Hills. Canyon Hills has requested and agreed to pay for some roadway enhancements (bid as alternates) as part of this project. These enhancements include median curbing (not standard in a City collector street), a lighted cross walk (similar to that installed at the Bakersfield Homeless Center) and enhanced crosswalk pavement. Upon completion of the road project, Canyon Hills has requested they be able to install and maintain their own landscape and irrigation system within the medians. The City and Canyon Hills have December 31, 2008, 10:27AM Project No. T8K101 G:\GROUPDATWDMINRPT\2009\01-14Wubum Street Realignment admin.doc KPB ADMINISTRATIVE REPORT been working in conjunction to ensure the needs of the City and Canyon Hills are met both during and after the construction of the project. Ruettgers and Schuler Civil Engineers have been the design engineers on this project since it began. Their contract needs to be amended as there is additional work to complete the plans, legal descriptions, and other documents necessary for the project, and to provide support to the City during construction of the project. The increase to their contract will not exceed $33,000.00. On November 20, 2008, seven acceptable bids were received. The lowest responsible bidder was based on the lowest Base Bid amount. At this time, Staff recommends awarding the Base Bid and the additive alternates for this project. Griffith Company (City) Base Bid: $1,022,873.75 1898 S. Union Avenue Additive Alternate #1: $ 14,614.25 Bakersfield, California 93307 Additive Alternate #2 $ 42,000.00 Total Combined Bid: $1,079,488.00 Maverick Asphalt Inc. (City) Base Bid: $1,100,897.64 Box 13490 Additive Alternate #1: $ 10,737.00 Bakersfield, CA 93389 Additive Alternate #2: $ 41,000.00 Total Combined Bid: $1,152,634.64 A/C Materials (City) Base Bid: $1,102,940.47 3527 Brain way Additive Alternate #1: $ 31,590.64 Bakersfield, CA 93308 Additive Alternate #2: $ 41,040.00 Total Combined Bid: $1,175,571.11 V. Lopez Jr. and Sons Base Bid: $1,113,385.37 200 E. Fester St. Additive Alternate #1: $ 12,466.85 Santa Maria, CA 93454 Additive Alternate #2: $ 30,240.00 Total Combined Bid: $1,156,092.22 Granite Construction Company Base Bid: $1,122,994.00 585 West Beach Street Additive Alternate #1: $ 21,474.00 Watsonville, CA 95076 Additive Alternate #2: $ 48,000.00 Total Combined Bid: $1,192,468.00 Security Paving Company, Inc. Base Bid: $1,125,636.30 9050 Norris Avenue Additive Alternate #1: $ 17,895.00 Sun Valley, California 91352 Additive Alternate #2: $ 50,000.00 Total Combined Bid: $1,193,531.30 Gilliam and Son (City) Base Bid: $1,185,612.43 9831 Rosedale Highway Additive Alternate #1: $ 20,281.00 Bakersfield, CA 93312 Additive Alternate #2: $ 41.200.00 Total Combined Bid: $1,247,093.43 Staff recommends awarding this construction contract to Griffith Company in the amount of $1,079,488.00 for the construction of the Auburn Street Realignment Project. Adequate traffic impact fee funding has been previously budgeted for this project. Construction is anticipated to begin in late January 2009. December 31, 2008, 10:27AM Project No. T8K101 G:\GROUPDATWDMINRPT\2009\01-14\Aubum Street Realignment admin.doc KPB A ~ ~, ° ADMINISTRATIVE REPORT ~ , ~.~ MEETING DATE: January 14, 2009 AGENDA SECTION: Consent Calendar ITEM: /a K . TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: December 18, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S SUBJECT: Agreement with outside counsel, Aleshire &Wynder, LLP for legal services in the matter of Redevelopment and/or other miscellaneous matters as directed by City Attorney in an amount not to exceed $80,000.00. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: On June 12, 2008, the City entered into Agreement No. CA08-013 for legal services with David J. Aleshire of Aleshire &Wynder, LLP. Mr. Aleshire specializes in redevelopment law matters. Therefore, Mr. Aleshire was retained as outside counsel to handle redevelopment matters in the Mill Creek project. The Agreement was amended on July 18, 2008, as Agreement No. CA08-013(1) and not to exceed $40,000.00. At this time, the City Attorney's office requests that a new contract be executed for an additional $40,000.00 in compensation so that outside representation may continue. Economic and Community Development has sufficient funds within its budget to accommodate this request for additional compensation. JR:ac January 6, 2009, 3:34PM 1' ~~. I i k~;..~= ::~s ADMINISTRATIVE REPORT MEETING DATE: January 14, 2008 AGI=NDA SECTION: Consent Calendar ITEM: /a. J? . TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DATE: January 6, 2009 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER AP OVED SUBJECT: Amendment No. 1 to Agreement No. 06-173 with Columbus Avenue Housing Partners assigning it's interest to Columbus Haven, LP (GEAHI-II for the construction of a 56 affordable apartment complex (Residences at West Columbus) located at 500 West Columbus Street. (Ward 3) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: On June 21, 2006 the City of Bakersfield executed an Agreement No. 06-173 with Columbus Ave. Housing Partners, L.P. / LINC for up to $500,000 in HOME Community Housing Development Organization (CHDO) funds. Pursuant to the agreement the funds were used for the acquisition of vacant property at 500 West Columbus Street and for predevelopment soft costs associated with the construction of a 50 unit multi-family housing project.. The agreement declared that the developer would acquire and develop the 3.5 +/-acre residentially zoned site for an affordable multi-family apartment complex. During the predevelopment phase LINC determined that additional funds would be required in order to complete the project and were unsuccessful in acquiring these additional funds. Therefore, LINC concluded in 2007 that without additional funding, they were unable to carry out the project and indicated an interest in assigning the property to a third party to complete the affordable multi-family apartment complex. On April 9th, 2008 the City of Bakersfield Economic and Community Development Department sent out a Request for Proposal 8~ Qualifications to four prospective CHDO's to entertain interest in acquiring and developing the site. Through a proposal evaluation and interview process, GEAHI-II (a certified CHDO) was tentatively chosen for the project entitled the Residences at West Columbus. Utilizing amixed-use approach to serve both families and emancipated foster youth, GEAHI-II's plan features 20 one-bedroom units serving emancipated foster youth earning 30% of AMI with approximately 16 two-bedroom homes and 20 three-bedroom homes for families earning 50% to 60% of (AMI). The development will utilize the existing City-approved site plan with similar building orientation and access points, although some slight modifications will be made to reflect the different unit configuration. S:Wdmins\City Council\City Council Admins 2008\Residences at West Columbus.doc 1/6/2009 1:47 PM ADMINISTRATIVE REPORT Page 2 As managing partner of the LP, Golden Empire Affordable Housing Inc. II, (GEAHI-II - CHDO) agrees to assume the 500 W. Columbus property with a $426,630.59 lien to construct 56 units of affordable multi- family housing. The total project cost is approximately $12.1 million and is proposed to be financed using various funding sources: City HOME CHDO Funds in the amount of $426,630.59; Tax Credit Equity; Affordable Housing Program. (AHP) Loan; Mental Health Services Act (MHSA) Emancipated Foster `` Youth Loan; Private Bank Loans; Multi-Family Housing Program (MHP) Loan; and Deferred Developer fees. LINC has agreed to transfer the property, through the assignment process, to GEAHI-II's LP known as "Columbus Haven LP" along with the rights and obligations of Agreement No. 06-173. As stated in the agreement, the City has provided the original $500,000.00 used by the initial developer for property acquisition and predevelopment costs. As part of the assignment to Columbus Haven LP, the parties recognize that the land values have reduced and therefore agree that the City loan to the Developer shall be reduced to an amount $426,630.59 in HOME CHDO funds and secured by a Deed of Trust with City as the beneficiary. This amount equals the sum of the land value as reported in the appraisal by Michael Burger & Associates on July 3'd, 2008 ($280,000), and ($146,630.59) that was paid to vendors (soil analysis, engineering surveys, etc.). The $426,630.59 in HOME CHDO funds would be a loan to DEVELOPER at 3% interest and repaid from residual receipts. The term of the note corresponds to the 55 year affordability period required by the major funding source, TCAC. There is no additional financial commitment from the City for this project. S:1Admins\City CouncillCity Council Admins 2008\Residences at West Columbus.doc 1/6/20091:47 PM ~ w,.Es ~ ~ ADMINISTRATIVE REPORT ~ ~.. •- t MEETING DATE: January 14, 2008 AGENDA SECTION: Consent Calendar ITEM: n1.- TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 30, 2008 APPROVED -~ DEPARTMENT HEAD . ~1 CITY ATTORNEY CITY MANAGER ~S SUBJECT: Approve Amendment No. 1 to Agreement 06-208 with Dokken Engineering, for Engineering Design Services for theWestside Parkway Project Phase IV (additional $2,272,000.00). (TRIP) (Vllard 2) RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: Dokken Engineering is currently under contract- to provide Engineering Design Services (Final Construction Plans) for the Westside Parkway Project Phase I -Mohawk Street Extension from Truxtun Avenue to Rosedale Highway. Phase I included the design of the Westside Parkway/Mohawk Street interchange. And since Phase IV of the Westside Parkway was a relatively small segment that would connect directly to this interchange from Truxtun Avenue, it had been planned all along that the firm selected to provide Engineering Design Services for Phase I would also provide those services for Phase IV. But at the time Phase I was awarded, the preliminary design of Phase IV (conceptually how it would cross the Kern River and connect to Truxtun Avenue) was not complete, and so Dokken could not accurately define at that time their scope of work and fee for Engineering Design Services for Phase IV. Dokken has now completed most of their work for Phase I (the project is to begin construction in January 2009), and the preliminary design of Phase IV has been completed so that a scope and fee could be determined. Dokken Engineering is now ready to begin preparing the Final Construction Plans for Phase IV. (Westside Parkway Project Phases II, III, V and VI Final Construction Plans are being completed by AECOM USA, Inc. under a separate agreement.) The work, in general, consists of the final design of the Westside Parkway Phase IV -Truxtun Tie-in, an east-west connection from Mohawk Street to Truxtun Avenue. Adequate State funds have been previously budgeted for this engineering work. Due to the voluminous nature of the exhibits to this agreement, They are on file in the Cify Clerk's Office for review. December 30, 2008, 8:53AM G:\GROUPDATWDMINRPT\2009\01-14\Dokken Amendment 1 - Admin.doc T9WP40 BA pFw~ovoa n ADMINISTRATIVE REPORT ~ ~ ,~~ LI MEETING DATE: January 14, 2009 AGENDA SECTION: Consent Calendar ITEM: _ , TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: December 29, 2008 APPROVED DEPARTMENT HEAD ¢/~r CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 5 to Design Consultant Contract No. 04-214 with Parsons Water and Infrastructure ($1,976,884.00; for a revised total contract amount of $14,943,480.00) for design and construction services for Wastewater Treatment Plant No. 3 - 2007 Expansion Project (Ward 6). RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: Parsons Water and Infrastructure is the design engineer for the expansion of Wastewater Treatment Plant 3. Their scope of work includes; 1. pre-design studies, 2. creation of plans and specifications for bidding and construction, 3. engineering support services during the 2 '/z year construction period which started September 2007 and is scheduled to be complete in March 2010 (includes on-site engineer(s), answering all technical questions from contractor, subcontractors, vendors, and reviewing and approving all equipment and material submittals to ensure construction proceeds per Parsons' specifications), 4. wastewater plant start-up assistance, 5. creation of operations and maintenance manuals, and 6. on-site training to City staff. The scope of work and funding included in Amendment 5 include additional .design services for arterial roads around the Plant/future Sports Village ($24,173) as well as continued funding for engineering support during construction ($1,952,711, items 3 through 5). Funding and work for item 6 will occur closer to end of Plant construction. Parsons' consulting fees are separated into two parts, fees for design services and fees for support during construction. Industry standard fees as published by American Society of Civil Engineers indicate that both of these fees should be approximately 5% of construction costs. Parsons' design fees were approximately 4.27% of $211 million. Parsons' fees for support during construction calculate to be 2.6% to date. There are 15 months left for construction of Plant 3, but remaining tasks yet to be completed indicate that the final fee will be less than the industry standard of 5% as well. Sufficient funds are budgeted to fund this Amendment. E4K114 G:IGROUPDAI1ADMINRPT\2009\Ot-14\Parsons Amendment 5 Admin Report E4K114.doc ~ aA ~ yw arm '~ ° ADMINISTRATIVE REPORT c~~ rF MEETING DATE: January 14, 2009 AGENDA SECTION: Consent Calendar ITEM: /~. ~ • : . . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director December 31, 2008 Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6): 1. Contract Change Order No. 4 to Agreement No. 07-302 with Kiewit Pacific Corporation ($399,495; for a revised not to exceed amount of $212,318,515.00). 2. Transfer $399,495 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department's Capital Improvement Budget. APPROVED DEPARTMENT HEAD -~, CITY ATTORNEY CITY MANAGER IBS RECOMMENDATION: Staff recommends approval of Contract Change Order, and transfer. BACKGROUND: This project provides for a major expansion and upgrade to Wastewater Treatment Plant 3 located at 8101 Ashe Road. The work in general will double the treatment capacity, improve odor control technology, and improve the quality of the treated effluent, thus enabling Wastewater Plant 3 to comply with stricter regulations and serve the citizens of Bakersfield for many years to, come. The detailed descriptions of each change order item are summarized in the attached Change Order. Change Order No. 4 provides for the negotiated resolution for these items. In general, the reasons for the change order are either unknown site conditions or required design revisions due to various reasons. Since the contractor's original bid did not provide for these items as shown in the attachment, a change order is required. This is the fourth change order to be submitted for this project. This change order will increase the contract by $399,495. Cumulative change orders to date total $1,297,515 (which is an increase of 0.61% of the original contract amount) as illustrated below: • Original ContractAmount = $211,021,000.00 • Amended Contract Agreement after Change Orders = $212,318,515.00 Net Increase to date = $1,297,515.00 A contingency was established for the Expansion Project and was part of the bond proceeds. Use of this contingency requires Council action. G:\GROUPDATWDMINRPT\2009\01-14\CCO 4 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114).doc AC A ADMINISTRATIVE REPORT MEETING DATE: January 14, 2009 AGENDA SECTION: Consent Calendar _ _. _ ITEM: / , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director December 24, 2008 Accept bid and award contract to Carrier Corporation ($48,896.00) for Replacement of the Cooling Tower at the Convention Center. (Ward 2) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to Bid were sent to over one hundred (100) contractors for replacing the cooling tower at the Convention Center. Eight bids were received as follows: BIDDER AMOUNT Carrier Corporation $48,896.00 Fresno, California Johnson Controls, Incorporated $51,717.00 Bakersfield, California Gundlach's $52, 988.00 Bakersfield, California Hillcrest Sheet Metal $58,739.00 Bakersfield, California Advanced Mechanical Systems, Inc. $63,134.00 Bakersfield, Califomia ACCO Engineered Systems $79,355.00 Glendale, Califomia American Cooling Tower, Inc. $81,707.00 Westminster, California Servi-Tech Controls, Inc. $88,400.00 Fresno, Califomia Purchasing Division S:\PURCHWDMIN\Replace Cooling Tower ConventionCenter, 0&09-31, January 14, 2009.doc ADMINISTRATIVE REPORT The existing cooling tower is deteriorated and beyond its useful life. It leaks badly and requires regular maintenance and repair. With consideration of factory warranty on a new tower, it is more cost effective to replace the cooling tower than to rehabilitate the existing unit. Staff finds the low bid of $48,896.00 from Carrier Corporation to be acceptable and recommends award of contract. Funds are available in the 2008-2009 Budget. Purchasing Division S:~PURCHWDMIMReplace Cooling Tower ConventionCenter, 0&09-31, January 14, 2009.doc ADMINISTRATIVE REPORT MEETING DATE': January 14, 2009 AGENDA SECTION: Consent Calendar ITEM:./ TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: January 6, 2009 APPROVED ' DEPARTMENT HEAD /V.~ CITY ATTORNEY p~ CITY MANAGER N~ SUBJECT: Extend Bid from Blackhole Technologies, Incorporated, $99,857.26, for one hundred forty (140) additional vehicle on-board tracking systems (GPS units) for the Public Works Department. (Citywide) RECOMMENDATION: Staff recommends extension of bid. BACKGROUND: At the Council meeting of April 23, 2008, Blackhole Technologies, Incorporated was awarded the bid for the purchase of one hundred forty (140) vehicle on-board tracking systems (GPS units). The specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost within one year after acceptance of the original bid. Blackhole Technologies, Incorporated has indicated their approval of extending the same per unit cost for this purchase. Funds for the purchase are in the FY 2008-2009 adopted budget. The GPS units currently in place have provided for significant improvements in the efficient utilization of both staff and equipment. This additional purchase will allow the City to expand the GPS system and broaden the efficient use of city equipment and aide supervisors in their ability to plan and direct the workload of City staff. Purchasing Division S:WdminlAdmin Reports\VehiGe On-Board Tracking Systems, extension of bid 07-0&70, January 14, 2009.doc January 6, 2009 MEETING DATE: January 14, 2009 AGENDA SECTION: Consent Calendar _. ITEM:...../ r, _^ TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Nelson K. Smith, Finance Director December 24, 2008 Reject bids for roof replacement at 1000 South Owens Street, MLK Center. (Ward 1) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid were sent to over two hundred (200) bidders for roof replacement at 1000 South Owens Street, MLK Center. In a department review of the bid responses it was identified that some necessary documents for qualifications of Federal funding were not included in the bid package. Staff will re-advertise the project with complete paperwork for qualification of CDBG funding. Purchasing Division S:\PURCHWDMIN\Reject Bids - 1000 So Owens, 08-09-28, January 14, 2009.doc tAN At C U C7 ADMINISTRATIVE REPORT IFO MEETING DATE: January 14, 2009 AGENDA°SECTION:_Consent Calendar ~., . _ _- _ ITEM: TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director DATE: January 5, 2009 APPROVED DEPARTMENT HEAD ---~~ CITY ATTORNEY y~~ CITY MANAGER SUBJECT: Appropriate $20,000 contribution from Parsons Corporation for landscape improvements at Aera Park to the Rgcreation and Parks Capital. Improvement budget within the Capital Outlay Fund. (11~Q,rC} y~ RECOMMENDATION: Appropriate funds. BACKGROUND: The city received a donation of $20,000 from Parsons Corporation at the November 19, 2008, City Council meeting. Parsons Corporation made this donation for the enhancement of landscape improvements planned for the Aera Park baseball complex. January 5, 2009, 1:51 PM:rlj C:\DOCUME-1 \sforsyth\LOCALS-1 \Temp\XPgrpwiseW ERAdonation.doc A O U C ~~.. ADMINISTRATIVE REPORT MEETING DATE: January 14, 2009 AGENDA SECTION: Consent Calendar ITEM;.., / , TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: January 8, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Right of Entry Agreement with PG&E to replace 34" Natural Gas Line on city owned property (future Sports Village site located on the north side of Taft Highway between Ashe Road and Gosford Road) in the amount of $90,500. RECOMMENDATION: Staff recommends adoption of the agreement. BACKGROUND: Pacific Gas and Electric Company (PG&E) needs to replace its existing natural gas transmission line that crosses City property which is the site of the future Sports Park on the north side of Taft Highway .between Ashe Road and Gosford Road. PG&E would like to begin construction in January 2009. The necessity of the relocation project is to comply with Federal and State guidelines for pipeline safety due to extensive development in this part of the City. Normally, PG&E would acquire an easement from the City for the additional land to complete the relocation of the gas line. They are in the process of acquiring the additional easement from the City however, due to the timing and staging of resources to minimize disruption to construction occurring at the City's Waste Water Plant #3, PG8~E seeks to enter into this agreement in order to begin construction of the pipeline in advance of the completion of the required city appraisal to finalize the easement purchase. PG&E will pay the City $90,500 (based on the original PG8~E appraisal) for the right to enter and construct the pipeline and granting the easement to PG&E. This payment is apre-payment of the fair easement value. If the City's formal appraisal shows the fair easement value is greater, PG8~E will pay the City the difference within 30 days after PG&E determines the values are fair and reasonable. Should PG&E's pre- payment be more than the City's fair easement value, the City will retain the difference, and no amount will be owed to PG&E. The proceeds from the sale of this easement are to be dedicated to the Sports Village project. It is recommended that City Council adopt the agreement. January 8, 2009, 2:55PM S:Wdmin Rpts~20081PG&E Right of Entry Admin. 1-14-09.doc MEETING DATE: January 14, 2009 AGENDA SECTION: Reports . - ITEM: /,~' TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: January 5, 2009 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S SUBJECT: Update on Capital Improvement Program Budget RECOMMENDATION: BACKGROUND: The Public Works Director will present amid-year report on the capital improvement program. G:\GROUPDATIADMINRPT\2009\01-14\CIP Report.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 17, 2008 Council Chambers, City Hall, 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, Couch, Sullivan, Scrivner Absent: None. Invocation by Pastor Mike Osthimer, Westbrook Chapel. Presentation of Colors and Pledge of Allegiance by North High School Marine Corps Junior ROTC. 2. INSTALLATION ACTION TAKEN a. Resolution No. 207-08 declaring the results of the RES 207-08 General Municipal Election for election of Councilmember for Wards 2, 5, & 6, held in the City of Bakersfield on November 4, 2008. Motion by Vice-Mayor Hanson to adopt Resolution gppROVED 207-08 declaring the results of the General Municipal Election for the election of Councilmember for Wards 2, 5, and 6 on November 4, 2008. b. Administration of Oath of Office. City Clerk McCarthy administered the Oath of Office to Sue Benham, Harold Hanson and Jacquie Sullivan. Statements were made by re-elected Councilmembers. Benediction by Pastor Mike Osthimer, Westbrook Chapel. Mayor Hall invited everyone to enjoy refreshments in the lobby. Bakersfield, California, December 17, 2008 -Page 2 3. CLOSED SESSION a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Henry J. Parson, Jr., et al v. City, et al. b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Perez, MAP (Miguel Angel Perez), et al v. City. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) d. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9. (One claim) ACTION TAKEN Motion by Vice-Mayor Hanson to adjourn the meeting APPROVED to Closed Session at 5:28 p.m. Motion by Councilmember Weir to adjourn from Closed Session at 6:42 p.m. APPROVED RECONVENED MEETING - 6:53 p.m. 4. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 5. INVOCATION by Father Perry Kavookjian, St. Elizabeth Ann Seton's Catholic Church PLEDGE OF ALLEGIANCE by Matthew Schweikart, First Grade Student at Rio Bravo-Greeley School. Mayor Hall recognized Boy Scout Troops 317 and 350, and Scoutmasters Doug Reber and Don Johnson. 7. 8. Bakersfield, California, December 17, 2008 -Page 3 CLOSED SESSION ACTION ACTION TAKEN a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Henry J. Parson, Jr., et al v. City, et al. b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Perez, MAP (Miguel Angel Perez), et al v. City. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) d. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9. (One claim) PRESENTATIONS a. Presentation by Mayor Hall of retirement plaques and gift certificates to Frank Errecalde, Conchita Walker, Stephen Walker and John Leon. Mayor Hall presented a Proclamation to Police Officer Dennis Eddy in recognition of his return to full duty. 9. PUBLIC STATEMENTS a. Jayme Seeger spoke regarding Bright House Networks cable service. Councilmember Couch requested staff look into problems with Bright House Networks. b. Tom Dorlis requested consideration for appointment to the Miscellaneous Civil Service Board. DIRECTION GIVEN TO CITYATTORNEY CITY AUTHORIZED SETTLEMENT NOT TO EXCEED $95,000 NO REPORTABLE ACTION DIRECTION GIVEN TO CITY ATTORNEY Bakersfield, California, December 17, 2008 -Page 4 10. APPOINTMENTS a. One appointment to the Fire Civil Service Board due to the expiration of term of Dr. Ronald Eaves, term expires December 31, 2008. City Clerk McCarthy announced there is one position available and two applicants: Ronald Eaves and Steven Steiber. Ward 1 Eaves Ward 2 Eaves Ward 3 Eaves Ward 4 Eaves Ward 5 Eaves Ward 6 Eaves Ward 7 Eaves ACTION TAKEN Motion by Vice-Mayor Hanson fo re- appoint Dr. Ronald APPROVED Eaves to the Fire Civil Service Board. b. Four appointments to the Keep Bakersfield Beautiful Committee due to the expiration of terms of John Enriquez (Mayor), Stephen Montgomery (Ward 2), David Taylor (Ward 5) and Patrick Frase (Ward 6) whose terms expired November 2008. City Clerk McCarthy announced that these are Ward and Mayor appointments. Motion by Councilmember Benham to reappoint APPROVED Stephen Montgomery to a four year term representing Ward 2 on the Keep Bakersfield Beautiful Committee. Motion by Vice-Mayor Hanson to reappoint David APPROVED Taylor to a four year term representing Ward 5 on the Keep Bakersfield Beautiful Committee. APPROVED Motion by Councilmember Sullivan to appoint Bob Lerude fo a four year term representing Ward 6 on the Keep Bakersfield Beautiful Committee. Motion by Mayor Hall to reappoint John Enriquez to a APPROVED four year term representing the Mayor on the Keep Bakersfield Beautiful Committee. Bakersfield, California, December 17, 2008 -Page 5 10. APPOINTMENTS continued ACTION TAKEN c. Two (2) appointments to the Miscellaneous Civil Service Board due to the expiration of terms of Gregory J. Klimko and Dr. B. J. Moore, terms expiring December 31, 2008. City Clerk McCarthy announced there are two positions available and four applicants: Gregory Klimko, Katerina Bond, Tom Dorlis and Steven Steiber. The first ballot to be cast is for the expiring term of Gregory Klimko. First Ballot: Ward 1 Klimko Ward 2 Klimko Ward 3 Klimko Ward 4 Klimko Ward 5 Dorlis Ward 6 Klimko Ward 7 Klimko Motion by Vice-Mayor Hanson to reappoint Gregory APPROVED Klimko to a three year term on the Miscellaneous Civil Service Board. City Clerk McCarthy announced the second ballot to be cast is for the expiring term of Dr. B. J. Moore, who did not seek reappointment. Second Ballot: Ward 1 Dorlis Ward 2 Dorlis Ward 3 Dorlis Ward 4 Dorlis Ward 5 Dorlis Ward 6 Dorlis Ward 7 Dorlis Motion by Vice-Mayor Hanson to appoint Tom Dorlis to APPROVED a three year term on the Miscellaneous Civil Service Board. 10 Bakersfield, California, December 17, 2008 -Page 6 APPOINTMENTS continued ACTION TAKEN d. One appointment to the Police Civil Service Board due to the expiration of term of Kenneth E. Vetter, term expiring December 31, 2008. City Clerk McCarthy announced there is one position available and four applicants: Kenneth Vetter, Robert Bradford, Michael Majoney and John Mainland. Ward 1 Vetter Ward 2 Vetter Ward 3 Vetter Ward 4 Vetter Ward 5 Wetter Ward 6 Vetter Ward 7 Vetter 11. Motion by Vice-Mayor Hanson to reappoint Kenneth APPROVED Vetter to a three year term on the Police Civil Service Board. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 19, 2008, Regular Council Meeting. Payments: b. Approval of department payments from November ABS WEIR 7, 2008 to December 4, 2008 in the amount of $30,542,042.98 and self-insurance payments from November 7, 2008 to December 4, 2008 in the amount of $401,911.17. Ordinances: c. First Reading of the following Ordinances: 1. Amending Section 2.40.050 Subsection A FR relating to Powers and Duties of Director and Assistant Director of Emergency Services. 2. Amending Section 17.64.060 Subsection E FR relating to Modifications and Conditional Use Permits. Bakersfield, California, December 17, 2008 -Page 7 11. CONSENT CALENDAR continued ACTION TAKEN 3, Amending Section 15.66.030 Subsections FR A.3.b.iii and C.1 relating to drilling for and production of Petroleum Permits, and Section 15.66.040 Subsections C.2, C.3 and C.7.b relating to development standards for Class 1 Permits. 4. Deleting Section 17.68.020 Subsection G FR relating to Unreinforced Masonry Buildings. d. Adoption of Ordinance amending Section 17.06.020 ORD 4549 (Zone Map 143-06) of the Municipal Code by changing the zoning from A (Agriculture) zone to C-2 (Regional Commercial) zone on 4.5 acres and from A (Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres located at the southwest corner of Taft Highway and Chevalier Road (ZC #08-0491 -Moreland Consulting Inc. representing Mid Town Development). (FR 11/19/08) e. Adoption of Ordinance amending Section 17.06.020 ORD 4550 (Zone Map No. 103-19) of the Municipal Code by changing the zoning from PCD (Planned Commercial Development) to revised PCD on 3.87 acres located at the westerly terminus of West Jeffrey Street; west of Union Avenue (ZC #08-0595 - Hughes Surveying representing Sigford Investment, LLC). (FR 11119108) Adoption of Ordinance approving Negative ORD 4551 Declaration and amending Section 17.06.020 (Zone Map 124-30) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 8.14 acres, located at the northeast corner of Monitor Street and Hosking Avenue. (ZC 08-0726 -McIntosh and Associates, representing Trend Capital Group, the property owner) appealed by McIntosh and Associates. (FR 11/19108) g. Adoption of Ordinance approving Negative ORD 4552 Declaration and amending Section 17.06.020 (Zone Map 123-36) of the Municipal Code by changing the zoning from A (Agriculture) to R-1-CH (One Family Dwelling with Church Overlay) on approximately 6.36 acres located between the 99 Freeway and Ellashosh Street, south of McKee Road. (ZC 08- 1036 -Marino & Associates representing Citygate Christian Center). (FR 11119108) Bakersfield, California, December 17, 2008 -Page 8 11. CONSENT CALENDAR continued ACTION TAKEN h. Adoption of Ordinance approving Negative ORD 4553 Declaration, denying the appeal, and amending Section 17.060.020 (Zone Map 123-02) of Municipal Code by changing the zoning from R-S (Residential Suburban Zone) to R-2 (Limited Multiple Family Dwelling Zone) on 0.238 acres (10,384 square feet), located at the northeast corner of Belle Terrace and Fiorito Street. (ZC 08-1044 Delmarter and Deifel representing Troy and Wilma Chastain). (FR 11/19/08) Adoption of Ordinance approving Negative ORD 4554 Declaration and amending Section 17.06.020 (Zone Map 104-07) of the Municipal Code by changing zoning from A (Agriculture) to M-1 (Light Manufacturing) on 47 acres and A to R-2 (Limited Multi-Family Dwelling) on approximately 14 acres, generally located at the northeast of Morning Drive and Paladino Drive (ZC 08-1168 - Trimco, LLC) (FR 11 /19/08) Adoption of Ordinance approving Negative ORD 4555 Declaration, amending Title 17 of Municipal Code and amending Zoning Map 142-03 from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 18.53 acres, generally located at the southwest corner of Taft Highway (SR 119) and Stine Road. (ZC 07-1806 -Scott Underhill and Mark Smith) (FR 11/19/08) Resolutions: k. Sewer Connection Fee Assessments: Resolution confirming assessments for RES 208-08 sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. AGR 08-218 2. Agreement with Barbara Allen Steele, 2605 Bernice Drive, to pay sewer connection fee I n installments and notice of special assessment lien. Bakersfield, California, December 17, 2008 -Page 9 11. CONSENT CALENDAR continued ACTION TAKEN 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. m. Exchange of Real Property Resolution declaring real property located at 2847 Van Buren Place surplus to needs of the City. 2. Agreement with Christ Cathedral Church to exchange city property for a sump within Tentative Tract 6921 located north of Rosedale Highway and west of Allen Road. n. Sale of Real Property Resolution declaring real property located north of Mall View Road, east of the East Hills Mall surplus to needs of the City. 2. Agreement with Gardens at East Hills, LLC ($196,000.00) to purchase property located north of Mall View Road, east of the East Hills Mall. 3. Amendment No. 1 to Agreement No. 08-025 with Gardens at East Hills Mall, LLC and Irv Guinn Construction o. Resolution adopting the Investment Policy of the City. p. Purchase of Hazardous Materials Response Vehicle with combination of federal grant funds and City funds: Resolution determining that the Hazardous Materials Response Vehicle cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $546.234.00. RES 209-08 RES 210-OS AGR 08-219 DEED 7024 RES 211-08 AGR 08-220 DEED 7025 AGR 08-025(1) RES 212-08 RES 213-08 Bakersfield, California, December 17, 2008 -Page 10 11. CONSENT CALENDAR continued Item 11.p. continued q• 2. Appropriate $500,000.00 federal grant revenue (Homeland Security) and appropriate $46,234.00 Equipment Management Fund balance to the Public Works Department Operating Budget within the Equipment Management Fund for the purchase of the Hazardous Materials Response Vehicle from Pierce Manufacturing Inc. Memorandum of Understanding between City and County of Kern: Resolution determining that the City Manager, or his designee, is appointed as agent authorized to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub- granted through the State of California to the County of Kern and through the County of Kern to the City of Bakersfield. 2. Approval of Memorandum of Understanding between the City and the County of Kern - Homeland Security grant funding agreement for equipment, software, training, planning or other professional services that require contractual waivers of liability, mutual indemnification or other restrictive contractual requirements. Resolutions forming the following Traffic Signal Maintenance Districts and preliminarily adopting, confirming and approving the Public Works Director's Report: 1. Area TS-18 (NW corner of S. "H" Street and Berkshire Road) 2. Area TS-15 (420 34th Street) Resolution adding Area 4-89 (Mt. Vernon, Bernard NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. ACTION TAKEN RES 214-08 AGR 08-222 RES 215-08 RES 216-08 RES 217-08 Bakersfield, California, December 17, 2008 -Page 11 11. CONSENT CALENDAR continued ACTION TAKEN t. Resolution of Intention No. 1629 adding territory ROI 1629 Area 3-66 (Taft Hwy, Old River Rd NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. Agreements: u. Final Map and Improvement Agreement with AGR 08-223 Bakersfield Scenic River, LLC, for Tract Map 7123 located north of Meany Avenue and east of Coffee Road. v. Median Island on Hosking Avenue between Zermatt Street and Tract 6368 (Southwest Corner of Hosking Avenue and Shannon Drive) Agreement with Moreland Family, LLC AGR 08-224 ($42,000.00) for construction of Median Island Improvements on Hosking Avenue between Zermatt Street and Tract 6368. 2. Appropriate $35,400 developer share of project cost to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund. w. Agreement with Nolte Associates, Inc., REMOVED ($4,193,571.48) for construction management services for Westside Parkway Phase 1 -Mohawk Extension. x. Agreement with Muxlow Construction ($50,000.00) AGR 08-225 of Community Development Block Grant Funds to provide handicap accessibility improvement services to qualified low-income residents in privately owned structures. y. Purchase real property from Sean Minor and AGR 08-227 Zachery Forster ($470,717.00) located at 408 and ABS COUCH 424 20th Street for public parking and developing a staging area for Mili Creek and Central Park. z. Agreement with Kern High School District AGR 08-228 ($50,000.00) for use of aquatic facilities for practice and swim meets. aa. Traffic Impact Fee Agreement with Castle & Cooke AGR 08-229 California, Inc. ($175,012.00 credit) for improvements on Stockdale Highway. Bakersfield, California, December 17, 2008 -Page 12 11. CONSENT CALENDAR continued ACTION TAKEN bb. License Agreement with the North Kern Water Storage District for the construction, operation, and maintenance of canal intertie facilities between the Calloway Canal and the Cross Valley Canal within City owned property. cc. Reimbursement Agreement with Big West of California, Inc. ($323,000.00) for abandonment and removal of certain pipeline facilities as part of the Westside Parkway Project. dd. Amendment No. 1 to Agreement 07-416 with Krazan & Associates, Inc., ($31,500.00; not to exceed $489,628.75) for material testing services for various construction projects, calendar years 2008- 2009. ee. Amendment No. 1 to Agreement 07-424 with Toter, Inc., ($100,000.00; not to exceed $397,000.00 and extending term for one (1) year) for the annual contract for trash carts. ff. Amendment No. 1 to Agreement 07-175 with HPS Mechanical, Inc. (not to exceed $401,870.00 and extending term to June 30, 2009) for annual contract -sewer connection and abandonment. gg. Amendment No. 1 to Agreement 06-208 with Dokken Engineering (additional $2,272,000.00) for engineering design services for the Westside Parkway Project Phase IV. (TRIP) hh. Amendment No. 1 to Agreement No. 06-023 with MuniServices, LLC to expand the scope of work to include fuel tax and credit recovery services. ii. Amendment No. 1 to Agreement No. 08-192 with Bakersfield Senior Center, Inc. ($20,000.00, total not to exceed $85,000.00) of Community Development Block Grant funds for operational expenses at 530 4th Street. jj. Amendment No. 2 to Agreement No. 07-184 with outside counsel, Griswold, LaSalle, Cobb, Dowd & Gin, LLP (total not to exceed $175,000.00) to provide legal services to handle right-of- way/eminent domain cases for the Westside Parkway. AGR 08-230 REMOVED AGR 07-416(1) AGR 07-424(1) AGR 07-175(1) REMOVED AGR 06-023(1) AGR 08-192(1) REMOVED Bakersfield, California, December 17, 2008 -Page 13 11. CONSENT CALENDAR continued ACTION TAKEN kk. Amendment No. 2 to Agreement No. 06-345 with AGR 06-345(2) Valley Pacific Petroleum Services, Inc. ($4,000,000.00; not to exceed $12,000,000.00 and extending term for one (1) year) to the annual contract for gasoline and diesel fuel. II. Contract Change Order Nos. 4 - 9 to Agreement 08- AGR 08-062 0004, 0005, 062 with Granite Construction ($50,279.50; total not 0006, 0007, to exceed $8,215.831.50) for the project known as 0008, 0009 Allen Road Improvements between Ming Avenue and Stockdale Highway. mm. Contract Change Order No. 40 to Agreement No. AGR 07-304 07-304 with Security Paving Construction 00040 ($74,641.25; total not to exceed $29,606.891.30) for State Route 178 and Fairfax Road Interchange Project. (TRIP) Bids: nn. Accept bids from DDL Traffic, Inc. ($32,845.35), McCain, Inc. ($121,386.07) and Valmont Industries ($132,014.10) for signal equipment. oo. Accept bid and award contract to Granite AGR 08-232 Construction ($701,268.10) for double left turn lane construction at the intersection of White Lane at Ashe Road. pp. Accept bid and award contract to Griffith Company AGR 08-233 ($1,319,645.00) for resurfacing and reconstruction of various streets for fiscal year 2007/2008 -Phase I. qq. Accept bid and award contract to Griffith Company AGR OS-234 ($1,296,794.00) for resurfacing various streets for fiscal year 2007/2008 -Phase II. rr. Accept bid and award contract to Precision AGR 08-235 Analytical, Inc. ($183,980.60) to construct the driveway entrance remodel for the United States Postal Service Hillcrest Carrier Annex Project. ss. Accept bid from Water Splash, Inc. ($78,475.68) for Saunders Park Wet Play Equipment. tt. Accept bid and award contract to A/C Materials, Inc. AGR 08-236 ($566,599.45) for the construction of shoulder paving at S. Mt. Vernon Avenue and E. Planz Road. Bakersfield, California, December 17, 2008 -Page 14 11. CONSENT CALENDAR continued ACTION TAKEN uu. Accept bid and award contract to Pickinpaugh AGR 08-237 Concrete Construction, Inc., (not to exceed $100,000.00) for the annual provision -block wall repair. vv. Rescind bid award to Bakersfield Truck Center ($297,628.74) for one (1) side loading refuse truck. ww. Accept bid from Golden State Peterbilt ($2,557,030.75) for two (2) replacement LNG front loading refuse trucks and seven (7) LNG side loading refuse trucks (6-replacement, 1-additional) for the Public Works Department Solid Waste Division. xx. Accept bid and award contract to Housley REMOVED FOR Demolition Excavation ($72,975.00) for the SEPARATE demolition of 830 California Avenue the former CONSIDERATION Carriage Masters building. Miscellaneous: yy. Audit Reports for fiscal year ended June 30, 2008: Comprehensive Annual Financial Report (CAFR). 2. Independent Auditors Report -Compliance with contractual requirements relative to the Bakersfield Subregional Wastewater Management Plan. 3. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City. 4. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre. zz. Fiscal Year 2008-09 Budget Reductions Reduce Council Contingency appropriations in the General Fund Non-departmental budget by $200,000. 2. Reduce Retiree Health Insurance appropriations in the General Fund Non- departmental budget by $2,500,000.00. 11. 11 12. 13. Bakersfield, California, December 17, 2008 -Page 15 CONSENT CALENDAR continued ACTION TAKEN City Clerk McCarthy announced that correspondence was received from staff regarding removing items 11.w., 11.cc., 11.gg., 11.jj., and correcting item 11.ii. with language to include an appropriation. Councilmember Weir announced he would abstain due to conflict of interest, source of income on item 11.b. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer on items 11.y. and 11.xx. Motion by Vice-Mayor Hanson to approve Consent APPROVED Calendar Items 11.a. through 11.zz., with the deletion of items 11. w., 11.cc., 11.gg. and 11 jj, and the removal of item 11.xx. for separate consideration, as requested by Councilmember Benham. Councilmember Couch left the meeting. CONSENT CALENDAR continued xx. Accept bid and award contract to Housley AGR 08-238 Demolition Excavation ($72,975.00) for the demolition of 830 California Avenue the former Carriage Masters building. Motion by Councilmember Benham to accept bid and APPROVED award contract. AB COUCH Councilmember Couch returned to the meeting. CONSENT CALENDAR HEARINGS None. HEARINGS a. Public Hearing to consider Resolution adopting the RES 218-08 2007-2008 Regional Transportation Impact Fee Facilities List and Fee Schedule, Phase III. Public Works Director Rojas made staff comments. Hearing opened at 7:53 p.m. No one spoke. Hearing closed at 7:54 p.m. Motion by Vice-Mayor Hanson to adopt the Resolution. APPROVED Bakersfield, California, December 17, 2008 -Page 16 14. REPORTS None. 15. DEFERRED BUSINESS a. Report on Recycling Program Issues: The Cost of a Feasibility Study for recycling facilities. 2. Possible ways to expand the City's Blue Cart Recycling Program. Public Works Director made staff comments and presented the report with the recommendation that the report be received and filed for future reference due to the current economic conditions. Councilmember Benham recommended that the report be referred to the Budget 8 Finance Committee to consider the report in more detail. 16. NEW BUSINESS a. Election of Vice-Mayor. ACTION TAKEN Motion by Vice-Mayor Hanson to elect Councilmember APPROVED Scrivner as Vice-Mayor of fhe City of Bakersfield. NS BENHAM 17. COUNCIL AND MAYOR STATEMENTS Councilmember Benham asked staff to look at the condition of a broken sidewalk on Baker Street and provided constituent correspondence. Councilmember Benham asked staff to check into a safety and graffiti issue at Bessie Owens Intermediate School and provided constituent correspondence. Councilmember Benham wished everyone in the community a safe and happy Holiday. Councilmember Weir referred to the Budget & Finance Committee the issue of studying and evaluating the possibility of allocating one-time monies to fulfill the current year's obligation for unfunded liabilities. Bakersfield, California, December 17, 2008 -Page 17 17. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Weir stated he would like to see the City's Solid Waste Division and the solid waste haulers get together fo develop along-range plan and goal to address the recycling obligations, and he referred that matter to the Budget & Finance Committee. Councilmember Weir wished everybody a Merry Christmas and Happy Holidays. Councilmember Carson asked Public Works staff to check the corner of California Avenue and R Street in front of the church for an unsafe condition. Councilmember Carson asked Public Works to check into the containers at 1301 California Avenue that have not been emptied for several days. Councilmember Carson wished everyone a Merry Christmas and a Happy New Year. Councilmember Couch handed in some referrals and wished everyone a Merry Christmas and a Happy New Year. Councilmember Scrivner thanked City Manager Tandy and City Attorney Gennaro for the great year of work done for all of the City Council. Councilmember Scrivner wished staff, the citizens of Bakersfield, and the City Council a Merry Christmas. Councilmember Scrivner thanked the City Council for electing him as Vice-Mayor. Councilmember Sullivan asked staff to evaluate the condition of the median on Ming Avenue, to check if it is on the list and the possibility of making a plan to upgrade the looks of that and report back to her. Councilmember Sullivan thanked the City Council for the good and hard work that has been done this year, wished everyone a wonderful Christmas season, thanked City Clerk McCarthy for the installation ceremony, and wished everyone a Happy New Year. Vice-Mayor Hanson congratulated City Clerk McCarthy for her recent certification as Master Municipal Clerk. Vice-Mayor Hanson to provide an overview of the removed items from the agenda because of today's State action. Bakersfield, California, December 17, 2008 -Page 18 17. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN City Manager Tandy responded that there is more clarification and research to be done and provided a brief synopsis of withdrawal of funds by the State, resulting in freezing $3 billion worth of capital improvements activities statewide and in excess of $135 million locally, which stops current and future projects for an undetermined amount of time. Vice-Mayor Hanson thanked the citizens of Bakersfield who applied for the various civil boards that were on the agenda. Vice-Mayor Hanson wished a Merry Christmas, Happy Holidays and good health to staff, the Mayor and City Council, and the citizens of Bakersfield. Mayor Hall congratulated Councilmembers Benham and Sullivan, and Vice-Mayor Hanson for completing the swearing in process this evening for another four-year term; and congratulated Councilmember Scrivner for becoming Vice-Mayor, and expressed his appreciation to Vice-Mayor Hanson for his service as Vice-Mayor for the past two years and stated he looks forward to the next two with Councilmember Scrivner. Mayor Hall made comments regarding the difficult financial situation, mentioned he has cut the Mayor's budget by $17,000, and indicated everyone will need to be aware and be willing to help. Mayor Hall announced he is concluding his second four- yearterm, is looking forward to another term and his swearing-in ceremony on January 5, 2009. Mayor Hall wished everyone a Happy Holiday Season. 18. ADJOURNMENT Mayor Hall adjourned the meeting at 8:22 p.m.. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield