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HomeMy WebLinkAbout10/07/09_CC_AGENDA_PACKET y BAKERSFIELD CITY COUNCIL • AGENDA MEETING OF OCTOBER 7, 2009 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Pastor Hayward Cox, Church of God. 3. PLEDGE OF ALLEGIANCE by Lily St. Laurent, 5th Grade Student at Munsey Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of Certificates of Appreciation to City Recreation and Parks employees: Alberto Mendoza, Ansermio "A.J." Estrada, Eric-Ty Torres, Rudy Castro, Bill Patterson and Greg Muro, who went beyond the scope of their duties in attempting to save and saving lives of Bakersfield citizens in distress. b. Presentation by Mayor Hall of Proclamation to Independent Living Center of Kern County representatives declaring October, 2009 as White Cane Awareness Month and October 10, 2009 as White Cane Awareness Day. 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 23, 2009 Regular City Council Meeting. Payments: b. Approval of department payments from September 11, 2009 to September 24, 2009 in the amount of $14,883,878.27 and self-insurance payments from September 11, 2009 to September 24, 2009 in the amount of $415,723.44. 8. CONSENT CALENDAR continued Ordinances: C. First Reading of the following Ordinances: 1. Amending Section 8.32.060 relating to refuse/solid waste/recycling. 2. Amending Section 12.16.140 relating to security requirements for construction in streets. 3. Amending Section 12.56.050 relating to prohibited acts in parks. 4. Amending Sections 16.16.060 & 16.20.060 relating to public hearing notice. 5. Amending Section 16.16.080 relating to extension of Tentative Map approval. 6. Amending Section 16.28.170 and adding Section 17.04.395 relating to flag lots. 7. Amending Section 17.04.595 relating to street frontage. 8. Amending Sections 17.06.010, 17.06.020 & 17.06.050 relating to zoning maps. 9. Amending Section 17.08.140 relating to design standards for large retail developments. 10. Amending Sections 17.30.020 & 17.30.030 relating to uses permitted in manufacturing zones. 11. Amending Section 17.60.060 & 17.60.070 relating to sign development standards and electronic message displays. 12. Amending Section 17.61.030 relating to minimum landscape standards. (Ward 1, 2) d. Adoption of Ordinances amending the Redevelopment Plans to extend certain time limits on the effectiveness of the Plans for the Old Town Kern-Pioneer Redevelopment Project and the Southeast Bakersfield Redevelopment Project, and the time to pay indebtedness and receive tax increments. (FR 09/23/09) (Ward 2) e. Adoption of Ordinance amending the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project to extend certain time limits on the effectiveness and the time to pay indebtedness and receive tax increment. (FR 09/23/09) (Ward 1,3,4,7) f. Adoption of Ordinance amending Municipal Code Section 1.12.010, 1.12.030, 1. 12.040 and 1. 12.070 by adding Annexation No. 598 consisting of 30.26 acres located along the north side of Casa Loma Drive, east of Cottonwood Road to Ward 1; Annexation No. 571 consisting of 20.09 acres located along the south side of Pioneer Drive, east of Vineland Road to Ward 3; Annexation No. 593 consisting of 15.72 acres located on the north and south side of Kimberly Avenue, between Coffee Road and Patton Way and Annexation No. 603 consisting of 77.31 acres located along the south side of Seventh Standard Road, west of Calloway Drive, east of the Friant Kern Canal to Ward 4, and Annexation No. 600 consisting of 66.14 acres located along the west side of South H Street, north and south of Taft Highway to Ward 7. (FR 09/23/09) 2 City Council Meeting of 10/07/2009 8. CONSENT CALENDAR continued (Ward 5) g. Adoption of Ordinance approving Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from C-O/PCD (Professional and Administrative Office/Planned Commercial Development) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 22.46 acres located at the northwest corner of Gosford Road and Berkshire Road (future alignment). (ZC 09-0258) (Applicant: Smith Tech USA, Inc. /Property Owner: Fairway Oaks South L.P.) (FR 09/09/09) (Ward 4)* h. Adoption of Ordinance approving Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from E (Estate), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling) and C-2 (Regional Commercial) to C-O/PCD (Professional and Administrative Office/Planned Commercial Development) and C-2/PCD (Regional Commercial/Planned Commercial Development) on 25.03 acres located at the northeast corner of Rosedale Highway (SR-58) and Verdugo Lane. (ZC 09-0023) (Luis Hinojosa, Designed Images) (FR 09/09/09) Resolutions: i. Resolution determining that bidding for City radio communications equipment cannot be reasonably obtained through the usual bidding procedures due to the need to integrate into the existing City radio infrastructure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $125,000. (Ward 13) j. Resolutions of Intention (ROI) to add territory to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. 1. ROI No. 1645 to add territory, Area 4-94 (3300 N. Sillect Avenue). 2. ROI No. 1646 to add territory, Area 5-58 (2410 O Street). Agreements: k. Agreement with Bank of America for banking services. (Ward 1) I. Agreement with Bakersfield Senior Center, Inc. ($85,000 - CDBG funds) for operational expenses at 530 4th Street. (Ward 6) M. Wastewater Treatment Plant No. 3 - 2007 Expansion Project: 1. Contract Change Order No. 8 to Agreement No. 07-302 with Kiewit Pacific Corp. ($798,000; revised not to exceed $217,354,492) for project. 2. Transfer $798,000 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department Capital Improvement Budget. ' - upon annexation 3 City Council Meeting of 10/07/2009 8. CONSENT CALENDAR continued (Ward 3) n. Amendments to Landscape Agreements 1. Amendment No. 2 to Agreement No. 06-121 with K. Hovnanian's Four Seasons at Bakersfield, LLC for Tract 6444 - Phase 1 located north of Panorama Drive and east of Vineland Road. 2. Amendment No. 2 to Agreement No. 06-318 with K. Hovnanian's Four Seasons at Bakersfield, LLC for Tract 6444 - Phase 2 located north of Panorama Drive and east of Vineland Road. 3. Amendment No. 2 to Agreement No. 06-225 with K. Hovnanian's @ Rosemary Lantana, LLC for Tract 6498 - Phase 1 located at the intersection of Panorama Drive and Masterson Street. 4. Amendment No. 2 to Agreement No. 07-126 with Regent Land Investment, LLC (owner) and K. Hovnanian @ Rosemary Lantana, LLC, (Developer) for Tract 6498 - Phase 1 located at the intersection of Panorama Drive and Masterson Street. (Ward 6) o. Contract Change Order No. 2 to Agreement No. 09-041 with Granite Construction Co. ($37,345.04; revised not to exceed $1,719,940.04) for the Street Improvements along White Lane - Dovewood Street to Wible Road Project. (Ward 6) p. Contract Change Order No. 1 to Agreement No. 09-063 with Griffith Co. ($225,760.22; revised not to exceed $2,561,755.22) for the Pavement Reconstruction on White Lane - Gosford Road to Ashe Road FY 08/09 Project. (Ward 2) q. Contract Change Order Nos. 2, 3 & 4 to Agreement No. 09-031 with Elite Landscaping ($110,217.25; revised not to exceed $4,114,001.25 for the Mill Creek Linear Park - Phases 2, 4, 5A & 5B Project. Bids: (Ward 3) r. Accept bid and award contract to Parsam Construction, Inc. ($1,200,000) for the construction of wall improvements on Paladino Drive, Vineland Road and Panorama Drive. Miscellaneous: S. Appropriate $589,000 Federal Grant Revenues (DUI Enforcement Grant from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for traffic enforcement strategies and to purchase checkpoint supplies and services for the Traffic Division. t. Appropriate $16,200 seized asset revenues to the Capital improvement Budget within the Supplemental Law Enforcement Fund to complete the purchase of a bomb response vehicle. U. Appropriate and transfer $150,000 Sewer Enterprise fund Balance to the Public Works Department Operating Budget within the Equipment Management Fund to purchase two biosolids hauling trailers and to retrofit one truck. 4 City Council Meeting of 10/07/2009 S. CONSENT CALENDAR continued (Ward 6) v. Additional Regular Positions required as part of the Wastewater Treatment Plant No. 3 Expansion Project: 1. Authorize one Wastewater Mechanic, one Electrical Technician II, three Wastewater Operators and one Heavy Duty Equipment Operator. 2. Appropriate $212,500 Sewer Enterprise Fund balance to the Public Works Department Operating Budget to approve six months of funding for six positions in FY 09/10. (city Wide) W. Department of Housing & Urban Development (HUD), Community Development Block Grant and HOME Investment Partnership Action Plan Amendment No. 1 (FY 09/10), Amendment No. 7 (FY 08/09) and Amendment No. 6 (FY07/08), to provide funding for an expanded rehabilitation project at the Bakersfield Senior Center, fund new playground equipment in Central Park, fund the Senior Home Access program, expand the description for the use of the funds allocated for the Friendship House and reclassify surplus down payment assistance funds that were previously reserved for the Cottages and Baker Street Homebuyer assistance to provide funds for construction assistance to Baker Street for new rental housing. Staff recommends adoption of Consent Calendar items 8.a. through 8. w. 9. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Aboelghar, Magdy, et al v. City, et al - KCSC Case No. S-1500-CV-262272-WDP 2. Dow Chemical Co., et al v. Cal Water & City - San Mateo County Superior Court Case No. CIV 470999. b. Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. (One potential case) RECESS TO CLOSED SESSION 10. CLOSED SESSION ACTION 11. CONSENT CALENDAR HEARINGS 12. HEARINGS (Ward 4-7) a. Public Hearing to consider Resolution setting Domestic Water Availability Fee for Ashe, Fairhaven and Riverlakes Ranch service areas of the City Water System. Staff recommends adoption of resolution. 13. REPORTS a. Status of Thomas Roads Improvement Program (TRIP) and Road Resurfacing/ Rehabilitation Projects. b. Update regarding American Recovery and Reinvestment Act (ARRA) /Neighborhood Stabilization Program (NSP) Projects. 5 City Council Meeting of 10/07/2009 14. DEFERRED BUSINESS 15. NEW BUSINESS a. 2010 Health Care Agreements: I . Amendment No. 1 to Agreement No. 08-162 with Anthem Blue Cross for indemnity health insurance. 2. Amendment No. 1 to Agreement No. 08-163 with Anthem Blue Cross HMO for medical insurance. 3. Amendment No. 1 to Agreement No. 08-164 with Anthem Blue Cross Senior Secure for medical insurance. 4. Amendment No. 5 to Agreement No. 05-417 with Kaiser Permanente - Managed Care Health Plans for medical insurance. 5. Amendment No. 5 to Agreement No. 05-418 with Kaiser Permanente - Managed Care Health Plans for medical insurance for retirees. 6. Amendment No. 4 to Agreement No. 05-419 with Medical Eye Services (MES) for vision insurance. 7. Amendment No. 4 to Agreement No. 05-420 with Pacific Union Dental for pre- paid dental insurance. 8. Agreement with Metropolitan Life Insurance Co. for fee for service dental services. 9. Amendment No. 4 to Agreement No. 05-422 with PacifiCare Behavioral Health of California for Employee Assistance Program (EAP). 10. Amendment No. 4 to Agreement No. 05-423 with PacifiCare Behavioral health of California for emotional health care insurance. 11. Amendment No. 3 to Agreement No. 06-337 with Fort Dearborn Life Insurance Co. for employee life insurance. 12. Amendment No. 2 to Agreement No. 08-019 with HealthComp, Inc. for employee un-reimbursed medical expenses and dependent care expenses under IRS Section 125. 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, ~ Alan Tandy City Manager 9/30/2009 4:11 PM 6 City Council Meeting of 10/07/2009 AGENDA HIGHLIGHTS October 7, 2009 COUNCIL MEETING y l REGULAR MEETING - 5.15 m CONSENT CALENDAR Ordinances Item 8c. First Reading of Various Ordinances About once a year, various Departments throughout the City request minor changes to the Municipal Code. In general, these changes are requested to make a section read better, to reflect current practice or to correct typographical errors. This item includes a list of ordinances that are being modified In this manner. Agreements Item 8k. Agreement with Bank of America for Banking Services Typically the City reviews Its banking services every five to seven years. In April of 2009 the Treasury Division put out a Request for Proposal for banking services, which was sent to thirteen (13) banks with locations in the City limits. Six (6) banks submitted proposals and after a thorough evaluation, Bank of America was selected as a provider of these services. It is anticipated that this agreement would remain in place for a period of five (5) years, but the City can re-evaluate banking services sooner if needed. Item 8m. Wastewater Treatment Plant No 3 - 2007 Expansion Protect This Item approves a change order, in the amount of $798,000 with a revised total not to exceed $217,354,492, to an Agreement with Kiewit Pacific Corporation for the expansion and upgrade of Wastewater Treatment Plant No. 3. This change order is for items that were outside the scope of the original contract, generally resulting from unknown site conditions or required design revisions due to various reasons. A contingency was established for this project to cover such costs and this item includes a transfer of funds from the contingency fund to the Public Works Department's Capital Improvement Budget. Item 8p. Contract Change Order to an Agreement with Griffith Co. for the Pavement Reconstruction on White Lane - Gosford Road to Ashe Road Protect in the amount of $225,760.22; revised total not to exceed $2,561,755.22. This change order will extend the project limits to include the complete reconstruction of the intersection at White Lane and Gosford Road and to increase the thickness of the new paving to add additional strength to the roadway. This is made possible due to the savings realized from the lower than expected bids on the project. Item 8q. Contract Change Orders to an Agreement with Elite Landscabina for the Mill Creek Linear Park Protect in the amount of $110,217.25; revised total not to exceed $4,114,001.25. The majority of the cost associated with these change orders is for the installation of a wrought iron fence on the property line between the Parkview Cottages and the Mill Creek Linear Park. In addition to the installation of this fence, the change orders include minor changes to the irrigation system that will aid future maintenance and repair work. Bids Item 8r. Acceot Bid and Award Contract to Parsam Construction Inc. for the Construction of Wall Improvements on Paladino Drive, Vineland Road, and Panorama Drive in the amount of $1,200,000. This project is located within the City in the Hills development and consists of the construction of several sections of block wall along the above mentioned roadways. This project is funded through proceeds generated from an Assessment District established in City In the Hills to fund various public improvements including these block walls. Parsam Construction was the lowest acceptable bid received for this project. Miscellaneous Item 8v. Approval of Additional Regular Positions Required Due to the Wastewater Treatment Plant No. 3 Expansion Protect The expansion of Wastewater Treatment Plant No. 3, which doubles the capacity of the plant, will require additional staff for operation and maintenance. This Item approves six (6) additional regular positions to cover the needs of the plant as the expansion project nears completion. CLOSED SESSION There will be a conference with legal counsel regarding two (2) cases of existing litigation and one (1) item of potential litigation. HEARINGS Item 120. Public Hearina to Consider a Resolution Settina the Domestic Water Availability Fee for Ashe. Fairhaven and Riverlakes Ranch Service areas of the City Water System This Public Hearing is set for the Council to consider an increase to the current Water Availability Fee, which is charged to ensure water will be available for new development. The Current fee is $5,200 per acre and the proposed new fee is $5,450 per acre, effective January 1, 2010. This Increase Is to offset cost Increases over the past year in accordance with the construction cost index. This fee has not been adjusted since January 1, 2008. REPORTS Staff will be providing two reports to the Council. The first is to provide an update on the Thomas Roads Improvement Program (TRIP) and the City's Road resurfacing/Rehabilitation projects. The second report will focus on the City's American Recovery and Reinvestment Act (ARRA) and Neighborhood Stabilization Program (NSP) projects. NEW BUSINESS Item 15a. 2010 Health Care Agreements. The City's contracts for health Insurance are up for renewal for the 2010 plan year. This item includes approval of the renewal rates which were negotiated by the City's health care consultants. Through the efforts of the Segal Company, the 2010 renewal rates have resulted in a $260,000 cost savings to the City with no or minimal plan changes. It is important to note that these agreements are with the City's existing health care plans, the Issue of the Riverside Exclusive Care Select plan, which Is being considered for the City's retirees, is not before the Council at this time. Approved: cc, Department Heads Alan Tandy, City Manager City Manager's File City Clerk's File News Media File Agenda Highlights - October 7, 2009 Council Meeting Page 2 A ep o, s ~ J ADMINISTRATIVE REPORT L1F0 MEETING DATE: October 7, 2009 AGENDA SECTION: Presentations ITEM: L4. a . TO: Honorable Mayor and City Council P VED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: September 25, 2009 CITY ATTORNEY CITY MANAGER ~S SUBJECT: Presentation by Mayor Hall of Certificates of Appreciation to City Recreation and Parks employees Alberto Mendoza, Ansermio "A.J." Estrada, Eric-Ty Torres, Rudy Castro, Bill Patterson and Greg Muro, who went beyond the scope of their duties in attempting to save, and saving lives of Bakersfield citizens in distress RECOMMENDATION: BACKGROUND: krt F BA ER ycovo*4 4 ADMINISTRATIVE REPORT LIFO MEETING DATE: October 7, 2009 AGENDA SECTION: Presentations ITEM: L4. gyp, TO: Honorable Mayor and City Council P ED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: September 25, 2009 CITY ATTORNEY D CITY MANAGER ,65 SUBJECT: Presentation by Mayor Hall of Proclamation to Independent Living Center of Kern County representatives declaring October, 2009 White Cane Awareness Month and October 10, 2009 as White Cane Awareness Day. RECOMMENDATION: BACKGROUND: krt BAKE ~CARro1Ar ji& ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Pamela McCarthy, City Clerk DEPARTMENT HEAD /f L DATE: September 25, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the September 23, 2009 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw BA t D~ycoVot'r ADMINISTRATIVE REPORT IF O MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: , b TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: September 24, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from September 11, 2009 to September 24, 2009 in the amount of $14,883,878.27 and Self Insurance payments from September 11, 2009 to September 24, 2009 in the amount of $415,723.44. RECOMMENDATION: Staff recommends approval of payments totaling $15,299,601.71. BACKGROUND: KLG September 24, 2009, 5:02PM S:\Richard\AP\ADMIN\COUNCIL-ADMIN-AP-2009\ADMIN-AP 090909.doc A O~ ~ S U ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: ,C, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: September 23, 2009 CITY ATTORNEY X CITY MANAGER SUBJECT: 1. First Reading of Ordinance Amending Section 8.32.060 Relating to Refuse/Solid Waste/Recycling. 2. First Reading of Ordinance Amending Section 12.16.140 Relating to Security Requirements for Construction Work in Streets. 3. First Reading of Ordinance Amending Section 12.56.050 Relating to Prohibited Acts in Parks. 4. First Reading of Ordinance Amending Sections 16.16.060 and 16.20.060 Relating to Public Hearing Notice. 5. First Reading_ of Ordinance Amending Section 16.16.080 Relating to Extension of Tentative Map Approval. 6. First Reading of Ordinance Amending Section 16.28.170 and Adding Section 17,04.395 Relating to Flag Lots. 7. First Reading of Ordinance Amending Section 17.04,595 Relating to Street Frontage. 8. First Reading of Ordinance Amending Sections 17.06.010, 17.06.020 and 17.06.050 Relating to Zoning Maps. 9. First Reading of Ordinance Amending Section 17.08.140 Relating to Design Standards for Large Retail Developments. 10. First Reading of Ordinance Amending Sections 17.30.020 and 17.30.030 Relating to Uses Permitted in Manufacturing Zones. 11. First Reading of Ordinance Amending Sections 17.60.060 and 17.60.070 Relating to Sign Development Standards and Electronic Message Displays. 12. First Reading of Ordinance Amending Section 17.61.030 Relating to Minimum Landscape Standards. RECOMMENDATION: Staff recommends First Reading of the proposed ordinance amendments. BACKGROUND: About once a year, various Departments throughout the City request changes to the Bakersfield Municipal Code which 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. The following is a list of ordinances that are being recommended by Staff for changes: September 23, 2009, 2:13PM S:\COUNCIL\Admins\09-10 Admins\Cleanup 2009.doc ADMINISTRATIVE REPORT 1. BMC Section 8.32.060, This amendment modifies the list of dwelling units for which refuse billings can be added to property taxes by adding fourplexes and for a change to three months advance billing. 2. BMC Section 12.16.140. This amendment adds additional areas exempt from security requirements to reflect current practice. 3. BMC Section 12.56.050. The amendment to subsection E clarifies that animal feces is included along with other garbage and rubbish that must be picked up in parks. Also added was subsection H, regarding the prohibition of feeding wildlife and waterfowl at the parks. 4. BMC Sections 16.16.060 and 16.20.060. The amendment to Section 16.16.060 corrects the citation to a related code section which was stated incorrectly in the past. The amendment to Section 16.20,060 adds text needed to accurately reflect the Planning Land Division Supplemental Application, and the existing requirements for a subdivision applicant to notify mineral rights holders, and lessees of record who have not waived their rights to surface access. These are the same notification requirements for subsequent sections of BMC sections 16.20.060 A.3 and A.4 when other options are chosen by an applicant. In addition, the language added at the end of section B is needed for cross-reference of an approved Administrative Policy of May 10, 2006. 5. BMC Section 16.16.080. The amendment to subsection B puts this section in compliance with the State's adoption of SB 1185 on July 15, 2008 which extends the dates for eligible maps, The amendment to subsection E is to update the cost requirement as stated in Section 66452.6(a)(2) of the 2009 Subdivision Map Act. 6. BMC Sections 16.28.170 and 17.04.395. These amendments provide a clear definition for a "flag lot" design, and reflect that definition in the existing section (16.28.170 E. Flag Lots.) of the Code. 7. BMC Section 17.04.595. This amendment clarifies "street frontage" by removing some extraneous language. 8. BMC Sections 17.06.010, 17.06.020, and 17.06.050. The amendment to Sections 17.06.010 and 17.06.020 clarifies what is defined as the official zoning map and removes reference to City Clerk since they do not update or keep these maps. The amendment to Section 17.06.050 updates the table to show all current zoning districts and their correct titles (this section was not simultaneously updated when these zone districts were added/modified). 9. BMC Section 17.08.140. The amendment to section C reflects current procedure. The intent of this section requires facades to only be broken up with the listed elements and not have to repeat. These changes clarify that intent. The amendment to section E keeps all internal sidewalk widths consistent with city standards (the minimum required city sidewalk width is 6 feet) since they are usually linked together. Different minimum widths create inconsistent pedestrian ways with awkward transitions along a street. Meandering perimeter sidewalks will be consistent with previous Council approvals for new centers. 10. BMC Sections 17.30.020 and 17.30.030. This amendment allows change required in implementing the Housing Element and state law that requires one zone to allow this use by right as a permitted use. September 23, 2009, 2:13PM S:\000NCILAdmins\09-10 Admins\Cleanup 2009.doc ADMINISTRATIVE REPORT 11, BMC Sections 17.60.060 and 17,60.070. The amendment to section 17.60.060 allows the maximum wall sign height in the C-O zone to be consistent with signs in all other commercial and industrial zones. This was overlooked in the last update. The amendment to section 17,60,070 reflects and clarifies current practice that no more than two overall signs along a street frontage in a shopping center can include an electronic message display. 12. BMC Section 17.61.030, This amendment clarifies this is a minimum requirement for percentage of evergreen trees, Current practice permits a center to have more than 30% of its parking lot trees as an evergreen variety. JHR:Isc September 23, 2009, 2:13PM SACOUNCIL\Admins\09-10 Admins\Cleanup.2009.doc J..' I of . ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: , c{ TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~0 DATE: September 25, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of ordinances amending the Redevelopment Plans to extend certain time limits on the effectiveness of the Plans and the time to pay indebtedness and receive tax increment. (Wards 1 & 2) (First reading 9/23/09) 1. Old Town Kern-Pioneer Redevelopment Project 2. Southeast Bakersfield Redevelopment Project. RECOMMENDATION: Staff recommends adoption of the ordinances. BACKGROUND: First reading of these ordinances was given September 23, 2009. This agenda item to extend certain time limits for the Old Town and Southeast Redevelopment Project Areas is similar to an item under Consent Hearings for the Downtown project area. However, the rules governing newer project areas like Old Town Kern-Pioneer and Southeast Bakersfield do not require a public hearing, unlike the item for Downtown. Therefore, these items need to be considered separately. When a Redevelopment Agency is required to make a payment into its county's Educational Revenue Augmentation Fund (ERAF) for fiscal year 2003-04, California Community Redevelopment Law (CRL) allows redevelopment plans to be amended to extend by one year the time limit on the repayment of indebtedness and the time to receive tax increment and repay indebtedness. Because the Bakersfield Redevelopment Agency made payments to the County of Kern ERAF pursuant to the relevant sections of the CRL during fiscal years 2003-04, both the Old Town Kern-Pioneer and Southeast Bakersfield plans can each be amended to allow a one year extension on the time limit on the effectiveness and the time to receive tax increment and repay indebtedness upon the making of certain findings. The Bakersfield Redevelopment Agency adopted a resolution on September 14, 2009 desiring the redevelopment plans to be amended and requesting the Council to do so. In that resolution, the Agency also requested the Council to restate certain financing limits adopted by prior ordinances in the Redevelopment Plan. S:\Admins\City Council\City Council Admins 2009\Ordinances OTK & SE ERAF 2d reading.docx 9/25/2009 8:54 AM ADMINISTRATIVE REPORT Page 2 By adopting this ordinance the Council makes certain findings, extends the effectiveness and amends the Redevelopment Plans for the Old Town Kern-Pioneer and Southeast Bakersfield projects, respectively. S:\Admins\City Council\City Council Admins 2009\Ordinances OTK & SE ERAF 2d reading.docx 9/25/20098:54 AM V` r~ ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 FAGE NDA S ECTION: Consent Calendar : TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA I-,nf`- DATE: September 25, 2009 CITY ATTORNEY t/(!;- CITY MANAGERS _ SUBJECT: Adoption of ordinance amending the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project to extend certain time limits on the effectiveness and the time to pay indebtedness and receive tax increment. (Ward 2) (First reading 9/23109) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given September 23, 2007. This item for the downtown redevelopment project area is similar to the item on the agenda for Old Town Kern and Southeast under the Consent Calendar. However, because the rules governing older project areas like Downtown required a public hearing for its first reading, this item needed to be considered separately. When a Redevelopment Agency is required to make a payment into its county's Educational Revenue Augmentation Fund (ERAF) for fiscal year 2003-04, California Community Redevelopment Law (CRL) allows redevelopment plans to be amended to extend by one year the time limit on the repayment of indebtedness and the time to receive tax increment and repay indebtedness. The rules governing older redevelopment project areas like the Downtown project area require a public hearing. CRL also provides that when an Agency is required to make an ERAF payment during fiscal years 2004- 05 and/or 2005-06, the time limit of a plan's limit of effectiveness and the time limit on the repayment of indebtedness and receipt of tax increment funds can be extended. This is contingent upon the time limit for the effectiveness of a redevelopment plan being either, (t) ten years or less from the last day of the fiscal year in which a payment is made, or (2) greater than ten and less than 20 years from the last day of the fiscal year in which a payment is made, upon the making of certain findings. Because the Bakersfield Redevelopment Agency made payments to the County of Kern ERAF pursuant to the relevant sections of the CRL during fiscal years 2003-04, 2004-05, and 2005-06, the Downtown plan can be amended by increasing by three years the limits on effectiveness and the time to pay indebtedness and receive tax increment for the original area and each of the added areas of the plan. SAAdmins\City Council\City Council Admins 2009\Ordinance Downtown ERAF 2d reading.docx 9/25/2009 8:53 AM ADMINISTRATIVE REPORT Page 2 The Bakersfield Redevelopment Agency adopted a resolution on September 14, 2009 desiring the redevelopment plan to be amended and requesting the Council to do so. In that resolution, the Agency also requested the Council to restate certain financing limits adopted by prior ordinances in the Redevelopment Plan. By adopting this ordinance the Council makes certain findings, extends the effectiveness of the Downtown Redevelopment Plan, and amends the Redevelopment Plan for the Downtown Bakersfield project. The public hearing for the first reading was duly published as required by law and copies of the notices were mailed to each taxing entity that receives taxes from property with the Downtown Project Area. S:\Admins\City Council\City Council Admins 2009\Ordinance Downtown ERAF 2d reading.docx 9/25/20098:53 AM A ( L) ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: 0,-e. TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: September 25, 2009 CITY ATTORNEY CITY MANAGER- _ SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections §1.12.010, §1.12.030, §1.12.040 and §1.12.070 by adding Annexation No. 598 consisting of 30.26 acres, located along the north side of Casa Loma Drive, east of Cottonwood Road to Ward 1, Annexation No. 571 consisting of 20.09 acres, located along the south side of Pioneer Drive, east of Vineland Road to Ward 3, Annexation Nos. 593 consisting of 15.72 acres, located on the north and south side of Kimberly Avenue, between Coffee Road and Patton Way and Annexation No. 603 consisting of 77.31 acres, located along the south side of Seventh Standard Road, west of Calloway Drive, east of the Friant Kern Canal to Ward 4, and Annexation No. 600 consisting of 66.14 acres, located along the west side of South H Street, north and south of Taft Highway to Ward 7. (Wards 1, 3, 4 and 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on September 23, 2009. This ordinance amends the ward boundaries to include Annexations 598, 571, 593, 603 and 600 into the corresponding Council ward. These annexations were recently approved by LAFCO. Annexation No. 598 is located along the north side of Casa Loma Drive, east of Cottonwood Road. The annexation territory consists of 30.26 acres of undeveloped land. The property owners requested annexation for the development of industrial uses and to receive city services. This area will be included into Ward 1. Annexation No. 571 is located along the south side of Pioneer Drive, east of Vineland Road. The annexation territory consists of 20.09 acres of undeveloped land. The property owner requested annexation for residential development and to receive city services. This area will be included into Ward 3. Annexation No. 593 (known as Kimberly No. 1) is an inhabited annexation consisting of 15.72 acres located on the north and south side of Kimberly Avenue, between Coffee Road and Patton Way. The City of Bakersfield held a special municipal election on June 16, 2009 for the annexation territory. Results of the special municipal election indicated that the majority of voters residing in the annexation territory wanted to be annexed to the City of Bakersfield. Election results were declared at the June 24, S:\Dana\ADMINS\2009\Oct\10-7-598, 571, 593, 603 & 600 Ann.doc ADMINISTRATIVE REPORT Page 2 2009 LAFCO meeting. Following that meeting, LAFCO issued a Resolution Making Determination (Resolution No. 08-65) ordering the annexation into the City of Bakersfield. This area will be included into Ward 4. Annexation No. 603 is located along the south side of Seventh Standard Road, west of Calloway Drive, east of the Friant Kern Canal. The annexation territory consists of 77.31 acres of undeveloped land. The property owner requested annexation for development of commercial and residential uses and to receive city services. This area will be included into Ward 4. Annexation No. 600 is located along the west side of South H Street, north and south of Taft Highway. The annexation territory consists of 66.14 acres of land. The property owner requested annexation to receive city services. This area will be included into Ward 7. A ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: September 14, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of Ordinance approving a Negative Declaration and amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from C-O/PCD (Professional and Administrative Office/Planned Commercial Development Zone) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development Zone) on 22.46 acres, located at the northwest corner of Gosford Road and Berkshire Road (future alignment). (ZC 09-0258 - Smith Tech USA, Inc., representing Fairway Oaks South L.P., the property owner). (Ward 5). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on September 9, 2009. The proposal would allow for the development of office commercial uses on the 22.46 acre project site. This site was initially zoned for multiple family uses in 2005 when a larger area was annexed into the city. In 2007, the present commercial office zoning was approved. The applicant now desires to return the zoning to its previous multiple family residential designation. The Planning Commission conducted a public hearing on this zone change and recommended approval to the City Council on June 18, 2009. No individuals or agencies were present at the hearing and the applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on May 22, 2009, in accordance with CEQA. Notice was also given to the industrial owners in the vicinity of the project site. WSAGPA 2nd 200MM25MAdmin SR%Adm Rpt 2 _ 09-0256.doc A ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 J AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD- llifj-- DATE: September 11, 2009 CITY ATTORNEY p~ CITY MANAGER ,C~.~ SUBJECT: Adoption of ordinance approving a Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from E (Estate), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), and C-2 (Regional Commercial) to C-O/PCD (Professional and Administrative Office/Planned Commercial Development) and C-2/PCD (Regional Commercial/Planned Commercial Development) zones on 25.03 acres, located at the northeast corner of Rosedale Highway (SR-58) and Verdugo Lane. (ZC 09-0023 - Luis Hinojosa, Designed Images) (Ward 4 upon annexation). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on September 9, 2009. This project site is located at the northeast corner of Rosedale Highway (State Route 58) and Verdugo Lane. The applicant is requesting a zone change from R-1 (One Family Dwelling), R-2 (Low Multiple Family Dwelling) and C-2 (Regional Commercial) to C-O/PCD (Professional and Administration Office/Planned Commercial Development) and C-2/PCD (Regional Commercial/Planned Commercial Development) zones on 25.03 acres. The project also includes annexation into the City. The project site consists of 16 separate parcels. The proposal would allow for the development of a 52,000 square foot office commercial complex in the northern 6.9 acres, and 177,000 square feet of retail commercial development in the remaining 18.7 acres. The proposal also includes a P.C.D. (Planned Commercial Development) overlay. A preliminary development plan is not being proposed at this time. The Planning Commission conducted a public hearing on this zone change on June 18, 2009, and recommended approval to the City Council. The applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on May 11, 2009 in accordance with CEQA. DL:S:IGPA 2nd 2009109-00231Adm SMAdmin Report 09-0023 2nd Reading.dx ~ A O ADMINISTRATIVE REPORT c 1 MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: , j TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: September 21, 2009 CITY ATTORNEY CITY MANAGER ~W SUBJECT: Resolution determining that bidding for City radio communications equipment cannot be reasonably obtained through the usual bidding procedures because of the need to integrate into the existing City radio infrastructure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $125,000. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The Federal Communication Commission (FCC) has mandated that as of December 31, 2012, all radio licensees in those bands below 512 MHz operate their radio channels in the new narrowband configuration of 12.5 KHz bandwidth. Police, Fire, Public Works, and Water radio channels fall within that spectrum. The existing Motorola radio infrastructure equipment was purchased and installed between 1988 and 1996 and is not capable of the narrowband operation mandated by the FCC. All City mobile, portable, and base station radios must be compatible with Motorola infrastructure equipment. Radio equipment for the Police and Fire Departments is being purchased at this time. Sufficient funds are budgeted to purchase this equipment. G:\GROUPDAT\ADMINRPT\2009\10-07\Radio Comm Equip.doc BA E O~ ~wsox. tz~ ADMINISTRATIVE REPORT LIFO MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: ed. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD 4, /7 DATE: September 24, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Resolutions of Intention (ROI) to add territory to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Reports: 1. ROI No. 1645 to add territory, Area 4-94 (3300 N. Sillect Avenue). (Ward 3) 2. ROI No. 1646 to add territory, Area 5-58 (2410 O Street). (Ward 1) RECOMMENDATION: Staff recommends adopting the Resolutions of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. These areas will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territories be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. Ps G:\GROUPDAT\HDMINRPT\2009\10-07\ROI 1645 & 1646 MD 4-94 & 5-58 admin.doc ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: C, TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD DATE: September 10, 2009 CITY ATTORNEY CITY MANAGER I SUBJECT: Banking Services Agreement with Bank of America RECOMMENDATION: Staff recommends approval of Banking Services Agreement with Bank of America. BACKGROUND: In accordance with the California Municipal Treasurers Association's best practices the City has historically reviewed banking services every five to seven years. The Treasury Division prepared a Request for Proposal (RFP) for banking services with twelve evaluation criteria in April 2009. The RFP described the City's banking service needs and account volumes and provided an opportunity for the local banking industry to provide their costs for services and to make suggestions for improving our banking procedures. The RFP was sent to thirteen banks having locations within the city limits. Banks interested in submitting a proposal were required to attend a pre-proposal conference. Six banks attended the conference: Bank of America, Bank of the West, Chase Bank, Citizens Business Bank, Rabobank, and Union Bank. All six banks submitted proposals. As stated in the RFP, there would to be multiple criteria to evaluate the proposals, with specific emphasis placed on costs for services and public sector experience. The City solicited the assistance of an independent party from the Kern County Treasurers Office to assist in the review and scoring of the RFP submittals. The City Treasurers office also did an analysis and then the two independent scorings were combined to arrive at cumulative results. After reviewing each of the proposals the bank with the highest overall rating was Bank of America followed closely by Union Bank. Both banks had the most experience with governmental accounts with cities the size of Bakersfield and their fee structures were the most competitive of the proposals. While all of the banks who submitted were deemed capable of providing banking services to our city, Bank of America was rated as the best overall selection. Staff recommends award of a contract for banking services to Bank of America. It is contemplated that this agreement would remain in place for a period of five years. The City can of course re-evaluate banking services sooner if needed. klhj.. ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: September 18, 2009 CITY ATTORNEY CITY MANAGER ~S SUBJECT: Agreement with Bakersfield Senior Center, Inc. for $85,000 of Community Development Block Grant funds for operational expenses at 530 0 Street. (Ward 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: Bakersfield Senior Center, Inc. (BSC) has provided services to the seniors of Bakersfield for well more than 25 years. Its mission is to encourage older adults to participate in a variety of volunteer activities and programs so they remain an integral part of the community. In addition, BSC continues to provide many services through the center to ensure the health and welfare of the seniors. The City has provided Community Development Block Grant (CDBG) funds to BSC since 2002 due to a continued reduction in donations which impacts the center's operations. In the Fiscal Year 2009/10 Action Plan process, CDBG funding for BSC was budgeted in the amount of $85,000. The allowable expenses include employee salaries and benefits, professional fees, facility operational costs such as office supplies, utilities, maintenance, and food and supplies for serving congregant meals on site. With this agreement, we will implement a streamlined invoicing process. Our goal is to provide BSC with a detailed written procedure that will reduce the time its. staff will spend on preparing claims for payment. We will hold a workshop in mid-November to provide guidance to BSC and other agencies receiving 2009/10 funding. This new process will help these agencies be more efficient and reduce the time it takes for City staff to process claims. S:\Admins\City Council\City Council Admins 2009\BSC 09-10 Admin.doc 9/18/2009 10:39 AM BAKEn 09PGR4,f ,rs ADMINISTRATIVE REPORT C~~ ` MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: ,rye , TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director - DEPARTMENT HEAD''`- - DATE: September 24, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Wastewater Treatment Plant #3 - 2007 Expansion Project (Ward 6): 1. Contract Change Order No. 8 to Agreement No. 07-302 with Kiewit Pacific Corporation ($798,000; for a revised not to exceed amount of $217,354,492). 2. Transfer $798,000 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department's Capital Improvement Budget. 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. 8 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. The City and Construction Manager determined that these claims have merit. This is the eighth change order to be submitted for this project. This change order will increase the contract by $798,000. Cumulative change orders to date total $6,333,492 (which is an increase of 3.00% of the original contract amount) as illustrated below: • Original Contract Amount = $211,021,000.00 • Amended Contract Agreement after Change Orders = $217,354,492.00 Net Increase to date = $6,333,492.00 A contingency was established for the Expansion Project and was part of the bond proceeds. Use of this contingency requires Council action. GAGR0UPDAT\ADMINRPT\2009\10-07\000 8 Wastewater Treatment Plant #3 - 2007 Expansion (E4K114).doc AC B 24 ADMINISTRATIVE REPORT 9L/ o MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD LDATE: September 29, 2009 CITY ATTORNEY r CITY MANAGER i °J SUBJECT: Amendments to Landscape Agreements (Ward 3): 1. Amendment No. 2 to Landscape Agreement No. 06-121 with K. Hovnanian's Four Seasons at Bakersfield, LLC for Tract 6444 Phase 1 located north of Panorama Drive and east of Vineland Road. 2. Amendment No. 2 to Landscape Agreement No. 06-318 with K. Hovnanian's Four Seasons at Bakersfield, LLC for Tract 6444 Phase 2 located north of Panorama Drive and east of Vineland Road. 3. Amendment No. 2 to Landscape Agreement No. 06-225 with K. Hovnanian @ Rosemary Lantana, LLC for Tract 6498 Phase 1 located on the intersection of Panorama Drive and Masterson Street. 4. Amendment No. 2 to Landscape Agreement No. 07-126 with Regent Land Investment, LLC, "OWNER" and K. Hovnanian @ Rosemary Lantana, LLC, "DEVELOPER" for Tract 6498 Phase 1 located on the intersection of Panorama Drive and Masterson Street. RECOMMENDATION: Staff Recommends approval of Amendments. BACKGROUND: The Landscape Agreements are entered into to secure the improvements required for the Subdivision on or adjacent to the property being subdivided. NOTE: THE AMENDMENTS TO THE IMPROVEMENT AGREEMENTS ARE ON FILE WITH THE CITY CLERK'S OFFICE FOR REVIEW. dha September 29, 2009, 11:46AM C:\DOCUME--1\glorenzi\LOCALS-1\Temp\XPgrpwise\K Hov LS T6444 & T6498_1.doc O~ B 024 S ADMINISTRATIVE REPORT LIFO MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: 8 , 0. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEADY. - DATE: September 23, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order No. 2 to Agreement No. 09-041 with Granite Construction Company ($37,345.04, for a revised not to exceed amount of $1,719,940.04) for the project known as Street Improvements Along White Lane - Dovewood Street to Wible Road (Ward 6). RECOMMENDATION: Staff recommends approval of contract change order. BACKGROUND: This project provides for the installation of parking pockets and the reconstruction of White Lane from Dovewood Street to Wible Road. During the course of construction, several areas of wet unstable subgrade were discovered. These areas need to be excavated and filled with asphalt concrete grindings in order to provide a stable foundation for the new asphalt pavement. The contractor has agreed to stabilize these areas for the lump sum of $15,577.53 During the excavation operation, the grinder used for excavating the asphalt concrete surface hit a manhole that was below the existing paved surface causing damage to the grinder. The contractor has agreed to accept a lump sum of $1,686.78 for loss of production and repair of the grinder. The original plan called for leaving the existing asphalt paving in place next to the median island on White Lane to prevent damage to the median curb. After further examination, it was determined that this asphalt paving strip can be removed without damaging the median curb using a small grinding machine. The contractor has agreed to do this work for the lump sum of $9,106.33. Several contract item quantities had to be either increased or decreased in order to construct this project per the plans and specifications. These increases and decreases in quantity will result in a net cost increase of $10,974.40. The net cost increase of Change Order No. 20 is $37,345.04. The change orders to date on this project reflect a total cost increase of $240,070.04 (which is an increase of 16.2% of the original contract amount) as illustrated below: • Original Contract Amount = $1,479,870.00 • Amended Contract Agreement after Change Orders = $1,719,940.04 Net Increase to date = $ 240,070.04 RM (Construction) September 23, 2009, 1:10PM G:\GR0UPDAT\ADMINRPT\2009\10-07\CCO 2 White Ln - Dovewood to Wible.doc BA Ek w~++ S ADMINISTRATIVE REPORT ~ `WU,Rra~ LIFO MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: 8 , TO: Honorable Mayor and City Council ROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD v DATE: September 23, 2009 CITY ATTORNEY CITY MANAGER ~GJ SUBJECT: Contract Change Order No. 1 to Agreement No. 09-063 with Griffith Company ($225,760.22, for a revised not to exceed amount of $2,561,755.22) for the project known as Pavement Reconstruction on White Lane Gosford Road to Ashe Road - FFY 2008/2009 (Ward 6). RECOMMENDATION: Staff recommends approval of contract change order. BACKGROUND: This project provides for the reconstruction of White Lane from Gosford Road to Ashe Road. This change order provides for increasing the thickness of the new paving section from 12 inches thick to 13 inches thick. This additional pavement thickness will strengthen the structural section of the street thereby increasing the life of the roadway. This change order also provides for extending the project limits to include the complete reconstruction of the intersection of White Lane and Gosford Road. The contractor has agreed to perform this additional work for $225,760.22. Funding for this change order is available due to lower than expected bids on this project. This is the first change order to be submitted for this project. This change order will increase the project total by $225,760.22 (which results in a 9.7% increase of the original contract amount) as illustrated below: • Original Contract Amount = $2,335,995.00 • Amended Contract Agreement after Change Orders = $2,561,755.22 Net Increase to date = $ 225,760.22 RM (Construction) September 23. 2009, 2:42PM G:\GROUPDATWDMINRPT\2009\10-07\000 1 White Ln - Gosford to Ashe.doc BA E ADMINISTRATIVE REPORT y 9 IF0 MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: 0. TO: Honorable Mayor and City Council APPROVED d FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: September 23„ 2009 CITY ATTORNEY per. CITY MANAGER SUBJECT: Contract Change Order Nos. 2 through 4 to Agreement No. 09-031 with Elite Landscaping ($110,217.25; for a revised not to exceed amount of $4,114,001.25) for the project known as Mill Creek Linear Park Phases 2, 4, 5A, and 5B. (Ward 2) RECOMMENDATION: Staff recommends approval of contract change order. BACKGROUND: This project provides for the installation and construction of planters, hardscape, landscape, lighting, and park amenities for the Mill Creek Linear Park. Change Orders 2 and 3 provide for the installation of gate valves on the water main feeding irrigation system for the park area between 21st Street and Golden State Avenue and the park area between 17th Street and 19th Street. These valves are needed in order to isolate different parts of the irrigation system in case of a break in the water main. These valves will allow repair and maintenance of any water line problems without having to shut the water off to the entire park. The contractor has agreed to install these valves for the lump sum price of $4,400.00 (total of Change Orders 2 and 3). The wrought iron fence on the property line between the Park Cottages and Mill Creek Linear Park was originally to be installed as part of the Park Cottages project; however, the original funding for the fence is no longer available. Although the Park Cottages funding is not longer available, there are sufficient funds in the Mill Creek project for construction of this necessary fence line. The contractor has agreed to install this wrought iron fence (complete with foundations, brick pilasters, and access gates) for the lump sum price of 105,817.25. The net cost increase of Change Orders 2 through 4 is $110,217.25. The change orders to date on this project reflect a total cost increase of $115,117.25 (which is an increase of 2.9% of the original contract amount) as illustrated below: • Original Contract Amount = $3,998,884.00 • Amended Contract Agreement after Change Orders = $4,114,001.25 Net Increase to date = $ 115,117.25 September 23, 2009, 12:53PM G:\GROUPDAT ADMINRPT\2009\10-07\CCOs 2-4 Mill Creek Park Amenities.doc A ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: $ , TO: Honorable Mayor and City Council COVED FROM: Raul M. Rojas - Public Works Director DEPARTMENT HEAD DATE: September 30, 2009 CITY ATTORNEY CITY MANAGER S SUBJECT: Accept bid and award contract to Parsam Construction, Inc. ($1,200,000.00) for the construction of Wall Improvements on Paladino Drive, Vineland Road, and Panorama Drive. (Ward 3) RECOMMENDATION: Staff recommends acceptance of low responsive bid and award of contract. BACKGROUND: The Developer for the City in the Hills defaulted on their construction project. Therefore, the City executed bonds to complete the wall construction projects on Paladino Drive, Vineland Road, and Panorama Drive. The project is funded through the developer bonds. The Engineer's Estimate was $1,411,000. There are sufficient funds in the project account for this project. On September 24, 2009, a total of eight bids were received; five of those bids are acceptable. Three bids were either incomplete or failed to comply with all the bidding requirements. Those acceptable bids are as follows: Parsam Construction, Inc. 3334 Barnes Circle Glendale, CA 91208 in the amount of $1,200,000.00 John Madonna Construction, Inc. 12165 Los Osos Valley Rd. San Luis Obispo, CA 93405 in the amount of $1,278,642.80 REYCON Construction, Inc. 1795 Lemonwood Dr. Santa Paula, CA 933060 in the amount of $1,364,881.04 Granstorm Construction 179 Niblick Rd. #230 Paso Robles, CA 93446 in the amount of $1,426,423.00 R. Burke Corporation 865 Capitolio Way San Luis Obispo, CA 93401 in the amount of $1,608,998.50 (PW-TMA) (KEA621) September 30, 2009, 1:31 PM G:\GROUPDATWDMINRPT\2009\10-07\ Wall Improvements - Paladin Drive, Vineland Road, Panorama Drive.doc B A O~ ~ orrooS t~ to U P ° ADMINISTRATIVE REPORT 9~ F MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: Qj . TO: Honorable Mayor and City Council APPROVED FROM: W. R. Rector, Chief of Police DEPARTMENT HEAD DATE: September 29, 2009 CITY ATTORNEY L~ CITY MANAGER SUBJECT: Appropriate $589,000.00 Federal Grant Revenues (DUI Enforcement Grant from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for traffic enforcement strategies and to purchase checkpoint supplies and services for the Traffic Division. RECOMMENDATION: Staff recommends approval of the proposed appropriation. BACKGROUND: The Bakersfield Police Department has been awarded $589,000.00 from the State Office of Traffic Safety (O.T.S.) for the DUI Enforcement and Awareness Program. The purpose of the DUI grant is to reduce the persons killed and injured in alcohol involved crashes by funding overtime to conduct "best practice" enforcement strategies. The grant period is one year. The grant also provides funding for the purchase of checkpoint supplies and checkpoint related services. The funded strategies, supplies and services include: • DUI/Driver's License Check Points • DUI Saturation Patrols • The "A Life Interrupted" Program • Development of a "Hot Sheet" to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions. • Warrant sweeps, stakeouts and court "stings" to focus on DUI offenders with suspended or revoked driver licenses who get behind the wheel after leaving court. • Voluntary compliance with traffic laws by generating publicity throughout the grant period. • Travel Expenditures for OTS Training • Phlebotomist and Breathalyzer services at DUI checkpoints • Checkpoint supplies • Educational Materials P.\BPD\ADMIN RPTS\ADMIN RPTS FY 09-10\ADMIN RPT - (09-23-08) 2009 OTS ALCOHOL GRANT (AL1009).doc 9/29/2009 10:00 AM Page 1 of 1 A ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: William R. Rector, Chief of Police DEPARTMENT HEAD DATE: September 29, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $16,200.00 seized asset revenues to the capital improvement budget within the Supplemental Law Enforcement Fund to complete the purchase of a bomb response vehicle. RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: On June 11, 2008, the City Council adopted Resolution 088-08 authorizing the purchase of a bomb response vehicle from Braun Northwest, Inc. for an amount not to exceed $285,000.00. Half of this purchase was funded with 2006-08 S.L.E.S.F. funds ($143,645.00), with the balance coming from asset forfeiture funds. The price for the outfitted bomb vehicle was estimated to cost between $245,000.00 and $285,000.00, plus tax, depending on the optional equipment selected. The purchase order (PO#85548) was issued to Braun Northwest, Inc., to begin the design/build stage of production for the bomb vehicle. This purchase order encumbered $265,481.29. The design / build process is now completed, and the final purchase price is $281,675.43. The difference between the purchase order and the final purchase price is $16,200.00, and will be covered by asset forfeiture funds. The final breakdown of financing for this project is as follows: $143,645.00 S.L.E.S.F. and $138,030.43 Asset Forfeiture funds. BA E Q~~,gV0.4 ~S1 ADMINISTRATIVE REPORT 1F0 MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: , U , TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD` DATE: September 21, 2009 CITY ATTORNEY CITY MANAGERS SUBJECT: Appropriate and transfer $150,000 Sewer Enterprise Fund Balance to the Public Works Department's Operating Budget within the Equipment Management Fund to purchase two biosolids hauling trailers and to retrofit one truck. RECOMMENDATION: Staff recommends approval of appropriation and transfer. BACKGROUND: Currently, biosolids generated at Wastewater Treatment Plant No. 3 are solar dried in 18 acres of sludge drying beds. These beds are adjacent to Ashe Road just south of McCutchen Road. These drying beds are sometimes an odor nuisance and, during times of hauling, also a dust nuisance. An outside hauling company currently hauls the sludge from the sludge drying beds to the City farm. The current price is $15.75 per ton, with 6,000 tons hauled annually. This equates to an annual expense of $95,000. With development edging closer to these sludge drying beds, the Wastewater Treatment Plant No. 3 Expansion Project will permanently remove these sludge drying beds from service. A modern, odor free, and enclosed sludge dewatering facility will replace the 18 acres of sludge drying beds. The transfer from the solar dried sludge to the new dewatering facility will occur in January 2010. This new sludge dewatering facility will dry the sludge via centrifuges. The dewatered sludge will contain more water; therefore, the tonnage of sludge to be hauled to the City farm will increase. Staff projects the sludge to be hauled to increase from 6,000 tons per year to 26,000 tons per year. Based upon current hauling prices, the annual cost will go from $95,000 to $410,000. Staff investigated various options to determine a more cost effective solution to haul the dewatered sludge from Plant 3 to the City farm. Option 1 - Continue multi-year contract with a sludge hauler: The current per ton price to haul sludge is $15.75 as noted earlier in this Administrative Report. With 26,000 tons of sludge required to be hauled, this means that the projected annual cost would be close to $410,000. Staff contacted various hauling services to determine if the per ton pricing would decrease with the increase in tonnage to be hauled. Based upon staff's research, the informal quotes ranged from $11.25 per ton to $18.25 per ton. Therefore, 26,000 tons would cost approximately $293,000 to $475,000. Option 2 - Contract with composting company to haul sludge to their composting facility: Staff contacted a local composting company to obtain a price for this firm to haul the 26,000 tons of dewatered tpm September 22, 2009, 4:19PM GAGROUPDATIADMINRM2009\10-07\Admin Report for sludge hauling truck Review rm.doc ADMINISTRATIVE REPORT sludge to their facility to be used as compost. Staff obtained a price of $18 per ton. Therefore, 26,000 tons would cost approximately $468,000. Option 3 - City staff performs hauling services: This would require a one-time $150,000 investment in equipment to allow city staff to haul the 26,000 tons of dewatered sludge to the City farm. Two new trailers would have to be purchased and one truck would have to be retrofitted to allow the truck to be used for towing the trailers. In addition, one heavy equipment operation position would be required to perform the hauling services and to operate the dewatering facility. The annual costs for staffing and operational / maintenance costs for the equipment would be approximately $100,000 per year. Therefore, the per ton price of hauling 26,000 tons would be $3.85. This is far less than the per ton pricing noted under Options 1 and 2. The one-time equipment cost would be recouped in the first year. Staff recommends Option 3 as the most cost effective alternative. Staff recommends the purchase of two new trailers, retrofitting of one truck, and the addition of one Heavy Equipment Operator position which would allow for the City to haul the dewatered sludge to the City farm. Projected annual operating costs under Option 1 range would range from $293,000 to $475,000. Projected annual operating costs under Option 2 would be $468,000. Projected annual operating costs under Option 3 would be $100,000 per year. These costs are included in the annual sewer user rate which is billed to property owners and businesses. This Administrative Report appropriates the funds required to purchase the two new trailers and to retrofit an existing truck in the City's fleet. The additional position, a Heavy Equipment Operator, needed to implement this program will be addressed in a separate Administrative Report in tonight's agenda. tpm September 22, 2009, 4:19PM G:\GROUPDATIADMINRPT\2009\10-07Wdmin Report for sludge hauling truck Review rm.doc BA OFymvoeh RS ADMINISTRATIVE REPORT C Baer tl /FO MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD - DATE: September 21, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Additional Regular Positions Required as Part of the Wastewater Treatment Plant No. 3 Expansion Project (Ward 6): 1. Authorize one Wastewater Mechanic, One Electrical Technician II, Three Wastewater Operators, and one Heavy Equipment Operator. 2. Appropriate $212,500 Sewer Enterprise Fund balance to the Public Works Department's Operating Budget to provide six months of funding for these six positions in Fiscal Year 2009/10. RECOMMENDATION: Staff recommends approval of six additional regular positions required as part of the Wastewater Treatment Plant No. 3 Expansion Project. Staff also recommends approval of appropriation. BACKGROUND: The Wastewater Treatment Plant No. 3 Expansion Project will double the treatment capacity the Plant can process. The capacity will go from 16 million gallons per day (mgd) to 32 mgds. In addition, this $200 Million project will double the amount of equipment, both electrical and mechanical, to be maintained by staff. This Administrative Report discusses the need for additional staffing directly attributable to this Expansion Project. Currently; ten employees support operations at Treatment Plant 3. These ten employees include: one Supervisor II, six Wastewater Operators, one Wastewater Plant Mechanic, one Electrical Technician II, and one Wastewater Treatment Plant Lab Technician. Of these ten employees, nine are assigned the Monday through Friday 7 am to 3:30 pm shift. One employee is assigned an eight hour shift on the weekends and holidays. This means that for 16 hours per day the Plant is not staffed, but is monitored by a computer Supervisory Control and Data Acquisition (SCADA) system with numerous alarms, and by an alarm monitoring company. In the event of an emergency, the alarm monitoring company will inform City staff who then attends to the emergency. Because of the increase in both electrical and mechanical equipment resulting from the Expansion project, two 8 hour shifts will be required every day of the week. The remaining eight hours of each day will still be monitored by the alarm company. In order to accommodate two daily 8 hour shifts, five additional positions will be needed. These five positions include: one Wastewater Mechanic, one Electrical Technician II, and three Wastewater Operators. GAGROUPDATIADMINRPT\2009\10-07Wdministration Report Wastewater Plant 3 Staffing Review rm_2.doc ADMINISTRATIVE REPORT In addition to these five positions, staff recommends authorizing a Heavy Equipment Operator to haul sludge from Plant 3 to the City farm. In a separate Administrative Report on tonight's agenda, staff provided background as to the savings the City will realize if the City provided its own sludge hauling services rather than contracting out this task. In order for the City to haul the sludge, one additional Heavy Equipment Operator will be needed. The following table illustrates the additional staffing needs based upon the start-up time for major components of the Expansion Project: PLANT STARTUP PHASE 1, JULY 2009: COMMENTS: In July 2009, a second and New secondary treatment and associated third shift was created with existing staff equipment working overtime to cover the additional shifts. ADDITIONAL STAFF: Two Wastewater Operators and one Wastewater Mechanic is required to add an additional eight hour shift ear round. PLANT STARTUP PHASE 2, SEPTEMBER ADDITIONAL STAFF: One Wastewater 2009: Headworks and septage/grease Operator to operate septage/grease receiving receiving station station and to provide additional help for plant operations and maintenance. PLANT STARTUP PHASE 3, OCTOBER COMMENTS: No additional staffing needed, if 2009: Tertiary Treated Water the prior three Wastewater Operators required for the start-up of Phases 1 and 2 are authorized. PLANT STARTUP PHASE 4, DECEMBER ADDITIONAL STAFF: One Heavy Equipment 2009: Sludge dewatering (centrifuges), Operator to haul the sludge and to operate the biofilter 2 sludge dewatering facility. PLANT STARTUP PHASE 5, FEBRUARY ADDITIONAL STAFF: One Electrical 2010: Cogeneration system Technician will maintain cogeneration facility and future 1 mega-waft solar power facility. PLANT STARTUP PHASE 6, MARCH 2010: COMMENTS: Completion of expansion Biofilter 1 and converted primary clarifiers project. No additional staffing required if prior positions authorized. The projected annual costs for the six new position requests total $425,000. Attached is the Technical Memorandum prepared by Parsons (design engineer for the Plant 3 Expansion Project) that addresses future staffing needs for Treatment Plant 3. Staff has made slight deviations from Parsons' Technical Memorandum based upon historical operating experiences. Staff recommends that the six regular positions be added to the personnel complement for Plant 3 operations. Staff also recommends that $212,500 be appropriated to fund these six positions for six months in the current fiscal year. GAGR0UPDAT\ADMINRPT\2009\10-07Wdministration Report Wastewater Plant 3 Staffing Review rm_2.doc ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA c J DATE: September 29, 2009 CITY ATTORNEY Q,. CITY MANAGER ~W SUBJECT: Department of Housing & Urban Development (HUD), Community Development Block Grant and HOME Investment Partnership Action Plan Amendment No. 1 (FY 09/10), Amendment No. 7 (FY 08/09), and Amendment No. 6 (FY 07/08) to provide funding for an expanded rehabilitation project at the Bakersfield Senior Center, fund new playground equipment in Central Park, fund the Senior Home Access program, expand the description for the use of the funds allocated for the Friendship House and reclassify surplus down payment assistance funds that were previously reserved for the Cottages and Baker Street Homebuyer assistance to provide funds for construction assistance to Baker Street for new rental housing. (Wards All) RECOMMENDATION: Staff recommends approval. BACKGROUND: In compliance with HUD regulations, any significant change or addition to the approved CDBG or HOME annual plan must undergo an amendment process which includes obtaining citizen views and comments on the proposed change for a period of 30 days. A notice was published on September 3, 2009 requesting comments and to date no comments have been received. Funding amendments must be identified by the proper HUD funding year and the associated project that is being impacted. The following community projects are being added or they are previously approved projects that require additional funding due to an expanded scope of work. The funding has been identified from savings from previously completed or cancelled CDBG and HOME projects. Staff is proposing the following amendments to CDBG and HOME activities: FY 09/10 - CDBG and HOME - Amendment No. 1 1) CDBG - Expand scope of project - Bakersfield Senior Center Kitchen and Facility Remodel in the amount of $20,000 to rehabilitate dilapidated restroom and kitchen and replace appliances at the Bakersfield Senior Center located at 530 4 h Street. The scope of the new kitchen project has been expanded to include flooring in an adjacent dining area and the restroom improvements. This amendment amount will provide a total budget of $100,000 for this project. S:\Admins\City Council\City Council Admins 2009\action plan amendment 100709.doc 9129/2009 1:11 PM ADMINISTRATIVE REPORT Page 2 2) CDBG - Create new project - Central Park Playground in the amount of $240,000 to remove and replace children's playground equipment and safety surfacing due to age and condition of equipment and provide ADA accessibility at Central Park located between 19'h and 21 s` streets at R Street. Significant improvements have been completed in Central Park under the Mill Creek plan and funded through the (Bank loan secured by the Redevelopment Agency leaving no additional funds from the (Bank source for these needed improvements. The funding is available from administration savings identified from the previous fiscal year. 3) HOME- Create Home Access Grant Program in the amount of $50,000 to offer grants up to $3,500 for handicap accessibility in privately or publicly owned residential structures in neighborhoods city- wide. This program received an unusual demand late in 2008/09 fiscal year and ran out of funding at the end of the prior year after the budget was prepared. It is being refunded from prior year savings of HOME funds. 4) HOME - Reduce and Reallocate Housing Urban Bakersfield down payment assistance in the amount of $595,000 that offered 0% loans up to $100,000 for down payment and closing costs assistance to help low income buyers purchase a new home in Downtown, Southeast Bakersfield and Old-Town Kern Pioneer Project Areas. These funds were reserved for a down payment program for Baker Street and the Cottages and are being reallocated to provide necessary construction assistance to Baker Street Phase 1. FY08/09 - HOME - Amendment No. 7 5) HOME - Reduce and reallocate Housing Urban Bakersfield down payment assistance in the amount of $562,779 that offered 0% loans up to $100,000 for down payment and closing costs assistance to help low-income buyers purchase a new home in Downtown, Southeast Bakersfield and Old-Town Kern Pioneer Project Areas. These funds were reserved for a down payment program for Baker Street and the Cottages and are being reallocated to provide necessary construction assistance to Baker Street Phase 1. 6) HOME - Add New Construction Assistance in the amount of $1,401,619 for housing development assistance for costs associated with the construction of affordable rental housing on Baker Street. FY 07/08-CDBG and HOME - Amendment No. 6 7) CDBG - Change Scope of Work - Community Action Partnership of Kern - Friendship House for construction and predevelopment related soft costs including but not limited to engineering design, and permits for the construction of the youth center and to improve outdoor sports complex including perimeter fence, expansion of basketball courts, refurbish softball field at community center located at 2424 Cottonwood Road. This action will provide more spending flexibility to Community Action Partnership of Kern to help jump start the Friendship House project. 8) HOME - Reduce Housing Urban Bakersfield down payment assistance in the amount of $243,840 that offered 0% loans up to $100,000 for downpayment and closing costs assistance to help low- income buyers purchase a home in Downtown, Southeast Bakersfield and Old -Town Kern Pioneer Project Areas. These funds were reserved for a down payment program for Baker Street and the Cottages and are being reallocated to provide necessary construction assistance to Baker Street Phase 1. S:\Admins\City Council\City Council Admins 2009\action plan amendment 100709.doc 9/29/20091:11 PM A O ADMINISTRATIVE REPORT CALF uI MEETING DATE: October 7, 2009 AGENDA SECTION: Closed Session ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Y.` DATE: September 21, 2009 CITY ATTORNEY CITY MANAGER S SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (One case). • Aboelghar, Magdy, et al v. City of Bakersfield, et al KCSC Case No. S- 1 500-CV-262272-WDP • Dow Chemical Co., et a1 v. Cal Water & City San Mateo County Superior Court Case No. CIV 470999 VGAsc SACOUNCIL\CI Sess\Admins\09-10\10-7-09ExistLit.doc T o4 ° ADMINISTRATIVE REPORT C , a MEETING DATE: October 7, 2009 AGENDA SECTION: Closed Session ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 06 DATE: September 30, 2009 CITY ATTORNEY 1/d CITY MANAGER & SUBJECT: Conference with Legal Counsel - Potential Litigation Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9 One (1) potential case. VG:Isc SACOUNCIUCI Sess\Admins\09-10\10-7-09InitLit.doc COWONA ll ADMINISTRATIVE REPORT r, c LIFO MEETING DATE: October 7, 2009 AGENDA SECTION: Consent Calendar Hearings ITEM: 12. a . TO: Honorable Mayor and City Council APPROVED FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD 44010 DATE: September 28, 2009 CITY ATTORNEY O CITY MANAGER )e SUBJECT: Public hearing to consider a Resolution setting Domestic Water Availability Fee for Ashe, Fairhaven and Riverlakes Ranch service areas of City of Bakersfield Water System. (Portions of Wards No. 4, 5, 6 & 7) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: California Government Code Section 66016 requires that increases in existing fees and charges be adopted by ordinance or resolution following a public hearing. It also requires a local agency to hold at least one open and public meeting regarding the increase. A public hearing to accept testimony regarding the fee increase is scheduled to be held before the Council of the City of Bakersfield on Wednesday, October 7, 2009. A notice of public hearing on the proposed increase in the domestic Water Availability Fee on the City of Bakersfield Domestic Water System was published twice in the local general circulation newspaper on September 22nd and September 27th. As of September 28, 2009, the City Clerk and or Water Resources Department have received 0 letters protesting or commenting on the fee increase. The current Water Availability Fee charged to ensure water will be available for new development (cost of funding water well construction, purchase of land for recharge facilities, etc.) is $5,200 per acre. The per acre fee is approximately equivalent to an increase in the one-time charge of $75 on a single family dwelling. The new Water Availability Fee is to be set at $5,450 per acre to offset increased cost over last year in accordance with the construction cost index as defined in the Bakersfield Municipal Code. The new fee will increase 4.8% and is proposed to be effective January 1, 2010. The fee has not been adjusted since January 1, 2008. This item was presented at the Water Board meeting on August 12, 2009 and staff is forwarding the resolution to the City Council for approval. SA2009 ADMIN REPORMOct7availFeeinc.doc BAKE ADMINISTRATIVE REPORT ell cg1IFO MEETING DATE: October 7, 2009 AGENDA SECTION: Report ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD... DATE: September 25, 2009 CITY ATTORNE CITY MANAGER SUBJECT: Status of Thomas Roads Improvement Program (TRIP) and Road Resurfacing/Rehabilitation Projects (Various Wards). Staff will provide a brief update on the TRIP as well as on the various road resurfacing and rehabilitation projects currently underway. September 25, 2009, 10:25AM G:\GROUPDAT\ADMINRPT\2009\10-07\Status of TRIP and road resurfacing admin.doc AK p~ oy S ADMINISTRATIVE REPORT ~,r IF0 MEETING DATE: October 7, 2009 AGENDA SECTION: Reports ITEM: (3 , h , TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: September 29, 2009 CITY ATTORNEY ~(s a CITY MANAGER a SUBJECT: Update Report Regarding ARRA / NSP Projects. BACKGROUND: Staff from the City Manager's Office and the Economic and Community Development Department will be providing an update regarding both the City's American Recovery and Reinvestment Act (ARRA) and Neighborhood Stabilization Program (NSP) projects. September 29, 2009, 3:42PM s:\Steve Teglia\Economic Stimulus Info\ARRA_NSP update admin 10_7_09 mtg.docx A ADMINISTRATIVE REPORT MEETING DATE: October 7, 2009 AGENDA SECTION: NEW BUSINESS ITEM: 16.a. TO: Honorable Mayor and City Council APPROVED FROM: Javier Lozano, Human Resources Manager ~C . DEPARTMENT HEAD DATE: September 23, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: 2010 HEALTH CARE CONTRACTS RECOMMENDATION: Staff recommends approval of these contracts. 1. Amendment 1 to Agreement 08-162 with Anthem Blue Cross for Indemnity Health Insurance. 2. Amendment 1 to Agreement 08-163 with Anthem Blue Cross HMO for Medical Insurance. 3. Amendment 1 to Agreement 08-164 with Anthem Blue Cross Senior Secure for Medical Insurance. 4. Amendment 5 to Agreement 05-417 with Kaiser Permanente - Managed Care Health Plans for Medical Insurance. 5. Amendment 5 to Agreement 05-418 with Kaiser Permanente - Managed Care Health Plans for Medical Insurance for Retirees. 6. Amendment 4 to Agreement 05-419 with Medical Eye Services (MES) for Vision Insurance. 7. Amendment 4 to Agreement 05-420 with Pacific Union Dental for pre-paid Dental Insurance. 8. Agreement with Metropolitan Life Insurance Co for fee for service Dental Services. 9. Amendment No. 4 to Agreement No. 05-422 with PacifiCare Behavioral Health of California for Employee Assistance Program (EAP). 10. Amendment No. 4 to Agreement No. 05-423 with PacifiCare Behavioral Health of California for Emotional Health Care Insurance. 11 Amendment No. 3 to Agreement No. 06-337 with Fort Dearborn Life Insurance Company for employee life insurance. 12. Amendment No. 2 to Agreement No. 08-019 with HealthComp, Inc. for any employee un-reimbursed Medical expenses and Dependent Care expenses under the IRS Section 125. ADMINISTRATIVE REPORT BACKGROUND: The City's contracts for health insurance are up for renewal for the plan year of 2010. Our health care consultants, The Segal Company, were directed to make every effort to maintain or reduce premium cost with no or minimal plan changes. The Segal Company worked diligently with the various vendors to achieve the most favorable renewal rates for 2010. Their efforts have resulted in a $260,000 cost savings to the City. This savings is also a result of the replacement of Anthem Blue Cross dental with a similar plan through MetLife and a new prepaid dental plan offered through Pacific Union Dental will replace the current Dedicated Dental Services plan resulting in a 12.5% cost reduction. The following are the result of The Segal Company's negotiations with these providers. Anthem Blue Cross - Active PPO Plan -0.9% - Active HMO Plan -4.8% - Retiree PPO Plan 22.6% - Retiree HMO Plan 41.5% - Retiree Medicare Risk Plan 42.4.% Kaiser Permanente - Active 9.6% - Retiree 2.3% - Retiree Medicare Risk Plan 3.2% Pacific Union Dental Current plan -Imperial 1000 - Active -5.1% Fort Dearborn Life (City paid life insurance) -28.6% No increases for 2010 for the following plans - Medical Eye Services 0.0% - PacifiCare Behavioral Health 0.0% - HealthComp Inc. - IRS Section 125 0.0% Both the employee Insurance Committee and the Council Personnel Committee have reviewed these proposals and have recommended approval. As noted above the affordability of health care for the City's retirees continues to be an important issue. The City has a great concern with the substantial increases in retiree medical premium costs over the past few years. In order to ensure the ongoing availability, quality and affordability of retiree health insurance plans, the City working with Segal and the Insurance Committee has identified a retiree medical program that is administered by the County of Riverside named the Exclusive Care Select plan (ECS). Based on the recommendation from both the Insurance and Personnel Committees, staff has been moving forward to get more specific contract details and provider information finalized. Human Resources will continue to provide information about the plan design and premiums to retirees via several forms of communication, including meetings with representatives. This plan is not before you at this time but based on further review the staff intents to bring this item before you at a later time. BA E~ o ~CoaruR,r,c s~ BAKERSFIELD CITY COUNCIL MINUTES LL~ MEETING OF SEPTEMBER 23, 2009 WRY I IF O Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Scrivner, Councilmembers Carson, Benham, Weir, Hanson, Sullivan (seated at 5:20 p.m.) Absent: Councilmember Couch 2. INVOCATION by Councilmember Carson 3. PLEDGE OF ALLEGIANCE by Adrian Herrera, 3rd Grade Student at Ronald Reagan Elementary School. Mayor Hall recognized the Bakersfield College Political Science Class and the Ridgeview High School Government Class in attendance at the meeting to learn about City Government. 4. PUBLIC STATEMENTS a. Arthur Unger, with the Kern-Kaweah Chapter of the Sierra Club spoke in support of all projects being required to use solar voltaic generators on the roofs of buildings, and provided a written statement. Councilmember Benham referred Mr. Unger's recommendation to the Planning and Development Committee. b. Terri Palmquist spoke regarding the parking restrictions at 25," and H streets, and the upcoming "40 Days for Life Campaign". C. Tim Palmquist spoke regarding public street use for the event to be held September 23rd through November 1 It. Bakersfield, California, September 23, 2009 - Page 2 4. PUBLIC STATEMENTS continued ACTION TAKEN Councilmember Sullivan stated that it is the responsibility of the Council to treat everyone fairly and to have a policy that is consistent, and there is a policy in place regarding the parking immediately in front of a business, which is to allow the business to determine the time of parking in front of their own business; and she asked the City Manager to briefly explain this policy. City Manager Tandy explained there is a City policy in place of allowing the business whose property is immediately adjacent to the parking to determine what the time of the parking should be, as long as that business is willing to pay for any signage changes that may occur. d. Tim Taylor, a former employee of the City of Bakersfield, spoke regarding the upcoming change in the retiree health plan, and expressed his concerns regarding the information contained in the new plan. In response to a question from Councilmember Benham, City Manager Tandy explained that staff is in the process of preparing a mailer for all retirees in response to a large volume of e-mails received, and setting up meetings with any who are interested to brief them, which include either the consultant and/or the proposed service provider, although some of the specifics are still in negotiation, e. Ralph Wenzinger, former City employee, spoke regarding retiree medical changes, and read an e-mail from Councilmember Hanson in response to his concerns. f. Marvin Dean, representing the Southeast Bakersfield Redevelopment Oversight Group, spoke in support of Consent Calendar items 8.c. and 8.o., and regarding bringing some proposals back to the City Council at a later date about the Green the Block Movement. Bakersfield, California, September 23, 2009 - Page 3 5. WORKSHOPS ACTION TAKEN a. Convention & Visitors Bureau Update. Economic Development Director Kunz introduced Convention & Visitors Bureau Manager Don Cohen, who made a presentation regarding the Bureau's operations and accomplishments, then introduced Marketing & Events Specialist Chris Huot, who made a presentation about the Bureau's "Visit Bakersfield" website. Councilmember Sullivan expressed her appreciation for the presentations. Mayor Hall commended staff for doing an exceptional job in presenting the Bureau in a positive manner. 6. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Judi McCarthy, Chairman of the Board, Kern Community Foundation and Fred Drew, President & CEO, Kern Community Foundation, honoring the 10'" Anniversary of the Kern Community Foundation. Ms. McCarthy and Mr. Drew accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Links for Life representatives declaring October, 2009 Paint the Town Pink Month. Jennifer Henry accepted the Proclamation, introduced staff, volunteers and survivors present; and made comments. 7. APPOINTMENTS None. Bakersfield, California, September 23, 2009 - Page 4 8. CONSENT CALENDAR ACTION TAKEN Minutes: a. Approval of minutes of the September 9, 2009 Regular City Council Meeting. Payments: b. Approval of department payments from August ABS WEIR 28, 2009 to September 10, 2009 in the amount of $28,902,915.04 and self-insurance payments from August 28, 2009 to September 10, 2009 in the amount of $107,621.75. Ordinances: C. First Reading of Ordinances amending the FR Redevelopment Plans to extend certain time limits on the effectiveness of the Plans for the Old Town Kern-Pioneer Redevelopment Project and the Southeast Bakersfield Redevelopment Project, and the time to pay indebtedness and receive tax increments. d. First Reading of Ordinance amending Municipal FR Code Sections 1.12.010, 1.12.030, 1.12.040 and 1. 12.070 by adding Annexation No. 598 consisting of 30.26 acres located along the north side of Casa Loma Drive, east of Cottonwood Road to Ward 1; Annexation No. 571 consisting of 20.09 acres located along the south side of Pioneer Drive, east of Vineland Road to Ward 3; Annexation No. 593 consisting of 15.72 acres located on the north and south side of Kimberly Avenue, between Coffee Road and Patton Way and Annexation No. 603 consisting of 77.31 acres located along the south side of Seventh Standard Road, west of Calloway Drive, east of the Friant Kern Canal to Ward 4, and Annexation No. 600 consisting of 66.14 acres located along the west side of South H Street, north and south of Taft Highway to Ward 7. Bakersfield, California, September 23, 2009 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN e. Adoption of Ordinance approving a Negative ORD 4587 Declaration and amending Title 17 (Zone Map No. 101-13) of the Municipal Code by changing the zoning from A (Agriculture) to M-1 (Light Manufacturing) and M-2 (General Manufacturing) on 8.7 acres generally located at the southwest corner of Hageman Road and Allen Road, east of the A.T. & S.F. Railroad tracks. (ZC 09-0303) (Applicant: Marino and Associates/ Property Owner: Hageman Road Property Inc.) (FR 09/09/09) f. Adoption of Ordinance partially upholding an ORD 4588 appeal and amending Title 17 (Zone Map Nos. 103-01 & 104-06) of the Municipal Code by changing the zoning from R-1, R-1-HD, R-S-1 OA-HD to OS-HD on 297.10 acres, R-1-HD on 508.57 acres, R-2-HD on 46.68 acres, R-2-HD on 28.18 acres and C-2-HD on 8.15 acres for a total of 888.68 acres generally located south of Hart Memorial Park; Alfred Harrell Highway bounds the site on the west, north and east sides. (ZC 03-0337) (The Canyons Project) (FR 09/09/09) Resolutions: g. Resolution adopting a City Council Policy for RES 106-09 Environmentally Preferable Purchasing (EPP). h. Resolution amending the official list of RES 107-09 designated speed zones, pursuant to Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal Code. i. Resolution confirming approval by the Assistant RES 108-09 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. Bakersfield, California, September 23, 2009 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN j. Resolution of Application proposing annexation RES 109-09 of uninhabited territory to the City of Bakersfield identified as Annexation No. 520 consisting of 31.53 net acres located at the southwest corner of Gosford Road and McCutchen Road. k. Resolutions adding territory known as Area 2-41 RES 110-09 (McDonald Way, Ming Ave NW) and Area 4-93 RES 111-09 (2730 Mall View Road) to the Consolidated Maintenance District, confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Agreements: 1. Roadway improvements on Buena Vista Road from the Union Pacific Railroad's Buttonwillow Branch to the intersection of White Lane. 1. Reimbursement Agreement with Castle AGR 09-123 & Cooke California, Inc. (not to exceed $329,174.00) for project. 2. Transportation Impact Fee Agreement AGR 09-124 with Castle & Cooke California, Inc. (not to exceed $150,000.00) for project. M. Agreement with AEG Cycling, LLC to host a AGR 09-125 Stage Finish of the 2010 Amegen Tour of California. n. Homelessness Prevention Services and Rapid REMOVED FOR Re-Housing Services (ARRA): SEPARATE CONSIDERATION 1. Agreement with Bethany Services/ Bakersfield Homeless Center (not to exceed $680,164) to provide Homelessness Prevention Services. 2. Agreement with Bethany Services/Bakersfield Homeless Center (not to exceed $680,164) to provide Rapid Re-Housing Services. Bakersfield, California, September 23, 2009 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN o. Agreement with Bakersfield Redevelopment AGR 09-128 Agency to provide financing for construction and development of affordable housing for the 19th Street Senior Plaza Apartments and the Courtyard Family Apartments at South Millcreek. 1. Authorize loan and appropriate funds to provide a 7 year, $2,000,000 loan at 5% interest from the City Equipment Fund to the Redevelopment Agency to provide construction assistance required for the 19th Street Senior Plaza Development located 501 19th Street, east of the canal between 18th and 19th streets. 2. Authorize loan and appropriate funds to provide a 7 year, $1,500,000 loan at 5% interest from the Self Insurance Fund to the Redevelopment Agency to provide construction assistance required for the Courtyard Family Apartments located west of S Street, between 13th Street and 14th Street at South Millcreek. 3. Appropriate $1,000,000 fund balance from the Bakersfield Redevelopment Agency SEPA Housing Fund to provide construction assistance required for the Courtyard Family Apartments located west of S Street, between 13th Street and 14th Street at South Millcreek. P. Amendment No. 2 to Agreement No. 07-367 AGR 07-367(2) with Ennis Paint, Inc., ($110,000; revised not to exceed $330,000 and extend the term for one (1) year) for traffic paint. q. Amendment No. 2 to Agreement No. 07-349 AGR 07-349(2) with Granite Construction Co., ($5,000,000; revised not to exceed $15,000,000 and extend the term for one (1) year) for street materials. Bakersfield, California, September 23, 2009 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN r. Contract Change Order No. 21 to Agreement AGR 08-062 No. 08-062 with Granite Construction CCO 21 ($41,728.20; revised not to exceed $8,556,000.70) for the Allen Road Improvements between Ming Avenue and Stockdale Highway Project. S. Contract Change Order No. 1 to Agreement AGR 09-026 No. 09-026 with Restroom Facilities Limited CCO 1 ($11,268.00; revised not to exceed $316,254.00) for the Mill Creek Prefabricated Restroom Facility Project. t. Contract Change Order No. 6 to Agreement AGR 09-008 No. 09-008 with Griffith Construction ($13,954.50; CCO 6 revised not to exceed $1,128,936.67) for the realignment of Auburn Street Project. (TRIP) Bids: U. Accept Base Bid and Additive Alternate 1 and AGR 09-129 award contract to Granite Construction Co. ($615,508.00) for the construction of the Pavement Rehabilitation 2009 - CDBG-R Project. (ARRA) V. Accept bid from Jim Burke Ford ($650,057.47) for twenty-nine (29) four-door police special sedans (nineteen (19) replacement, ten (10) additional) for the Police Department. Miscellaneous: W. Grant of Easement to P.G. & E. to relocate DEED 7178 electrical service being displaced by the construction of the Westside Parkway at the Friant Kern Canal and Brimhall Road extended (Flying J Refinery). (TRIP) X. State of California Education Revenue Augmentation Fund (ERAF) $1,700,000 transfer for FY 2009-10. 1. Appropriate $400,000 from the Downtown Redevelopment Project Area Fund Balance to the Operating Budget within the Downtown Redevelopment Project Area Fund. Bakersfield, California, September 23, 2009 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Item 8x. continued 2. Transfer $200,000 from Capital Improvement Budget to the Operating Budget within the Downtown Redevelopment Project Area Fund. 3. Transfer $900,000 within the Operating Budget in the Southeast Redevelopment Project Area. 4. Transfer $200,000 from the Capital Improvement Budget from the Southeast Redevelopment Project Area to the Operating Budget within the Southeast Redevelopment Project Area Fund. Y. Appropriate contributions from Bright House Networks ($2,000), Our Lady of Perpetual Help ($600) and Logan's Roadhouse ($350) to the Recreation and Parks Department Operating Budget within the General Fund for various recreation programs. Z. Appropriate $1,300,000 Anthem Blue Cross medical premium surplus funds to the non-departmental budget within the General Fund to provide for additional deposits into the Retiree Medical Irrevocable Trust Fund. aa. Adoption of 2009-2010 Equal Employment Opportunity Plan. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 8.b. Councilmember Carson requested that item 8.n. be removed for separate consideration. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8.aa., with the removal for AB COUCH separate consideration of item 8.n. Bakersfield, California, September 23, 2009 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN n. Homelessness Prevention Services and Rapid Re-Housing Services (ARRA): 1. Agreement with Bethany AGR 09-126 Services/Bakersfield Homeless Center (not to exceed $680,164) to provide Homelessness Prevention Services. 2. Agreement with Bethany AGR 09-127 Services/Bakersfield Homeless Center (not to exceed $680,164) to provide Rapid Re-Housing Services. Councilmember Carson stated that the reason she asked for this item to be considered separately was to bring recognition to what she feels is a good program for the homeless community. Motion by Councilmember Carson to adopt APPROVED Consent Calendar item 8.n. AB COUCH 9. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution ordering RES 112-09 the summary vacation of deceleration lanes located at the northwest corner of Ming Avenue and Buena Vista Road. b. Public Hearing to consider the amendment of FR the Downtown Redevelopment Plan, First Reading of Ordinance and to extend certain time limits on the effectiveness and the time to pay indebtedness and receive tax increment. Consent Calendar Hearings opened at 6:19 p.m. No one spoke. Consent Calendar Hearings closed at 6:20 p.m. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar Hearing items 9.a. and 9.b. AB COUCH 10. HEARINGS None. Bakersfield, California, September 23, 2009 - Page 11 11. REPORTS ACTION TAKEN None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Aboelghar, Magdy, et al v. City, et al - KCSC Case No. S-1500-CV-262272-WDP 2. Darren Hailey v. City, et al - KCSC Case PULLED No. S- 1 500-CV-264464-AEW 3. Home Builders Association v. City - KCSC Case No. S-1500-CV-267954 NFT b. Conference with Legal Counsel - Potential ONE MATTER Litigation; Closed Session pursuant to PULLED subdivision (b) (1) (3) (A) of Government Code Section 54956.9. (Two matters) C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. Assistant City Clerk Gafford announced correspondence was received from staff requesting items 14.a.2. and 14.b. (one matter) be pulled from the Agenda. Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED Session at 6:21 p.m. AS COUCH Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 8:00 p.m. AS COUCH RECONVENED MEETING - 8:10 p.m. Bakersfield, California, September 23, 2009 - Page 12 15. CLOSED SESSION ACTION ACTION TAKEN a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Aboelghar, Magdy, et al v. City, et al - CITYATTORNEY KCSC Case No. S-1500-CV-262272-WDP GIVEN DIRECTION 3. Home Builders Association v. City - KCSC NO REPORTABLE Case No. S-1500-CV-267954 NFT ACTION b. Conference with Legal Counsel - Potential NO REPORTABLE Litigation; Closed Session pursuant to ACTION subdivision (b) (1) (3) (A) of Government Code Section 54956.9. (One matters) C. Conference with Labor Negotiator pursuant to NO REPORTABLE ACTION Government Code Section 54957.6. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Sullivan announced she was pleased to represent the City at League of California Cities Annual Conference in San Jose last week, where she had the opportunity to hear presentations on issues relating to local government, interact with city councilmembers across California, and participate on behalf of the City in providing policy guidance for the League's activities for the upcoming year. Councilmember Sullivan asked staff to look into the trash issue at a large vacant lot on Ming Avenue between Taco Bell and the Sports Authority, and report back regarding whose responsibility It is to maintain that property. Councilmember Sullivan asked staff to look at the cost effectiveness of using artificial turf at the new median on Stine Road near Ridgeview High School. Mayor Hall announced he was very pleased that Assistant Chief Martin took action on a suggestion he had to do some citing for litter violations and, as a result, 50 citations were issued for uncovered loads at the entrance to the green waste facility and on the Fairfax Extension along Alfred Harrell Highway. Bakersfield, California, September 23, 2009 - Page 13 16. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Mayor Hall announced that September 12th was the 11 th Annual United Way Day of Caring, in which 1 100 volunteers from 37 local companies participated in various beautification projects that assisted 22 nonprofit agencies; and an additional 1 100 volunteers from Valley Bible Fellowship Church went out on their own and participated in litter pickup efforts. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 8:17 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield