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HomeMy WebLinkAbout08/11/10_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF AUGUST 11, 2010 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 Curtis Jenkins, Tristone Missionary Baptist Church. 3. PLEDGE OF ALLEGIANCE by Halley Reza, 5t" grade student, Our Lady of Guadalupe School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to KC the Bull and Kern County Fair CEO Bill Blair declaring September 22 through October 3, 2010 as Kern County Fair Days. 5. PUBLIC STATEMENTS 6. WORKSHOPS (15 min.) a. Status update on Redevelopment projects (Millcreek). (Donna Kunz Economic/ Community Development Director) 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 21, 2010 Regular City Council Meeting. Payments: b. Approval of department payments from July 8, 2010 to July 26, 2010 in the amount of $24,315,067.03 and self-insurance payments from July 8, 2010 to July 26, 2010 in the amount of $1,595,796.17. Ordinances: (Ward 4)" c. Adoption of Ordinance and amending the Official Zoning Maps in Title 17 of the Municipal Code by changing the zone district from A (Agriculture) to R-1 One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Multiple Family Dwelling), C-1 (Neighborhood Commercial), C-2 (Regional Commercial), C-O/PCD (Administrative and Professional Office/Planned Commercial Development), OS (Open Space) and DI (Drilling Island) on approximately 564± acres generally located south of Stockdale Highway, north of the Cross Valley Canal, west of the City limits at Claudia Autumn Drive and east of the future extension of Nord Avenue. (ZC 09-0263) (McIntosh & Associates representing Castle & Cooke, California, Inc.) (FR 06130110) d. Adoption of Ordinance adding Section 17.04.358 and amending Chapter 17.61 of the Municipal Code related to water conservation and efficiency requirements to landscape standards. (FR 07/21/10) " upon annexation 8. CONSENT CALENDAR continued Resolutions: e. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Government Code Section 34090, et seq. (Public Works) f. Resolution confirming approval by the City Manager designee 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 the demolishment of dangerous buildings and authorize collection of the assessments by the Kern County Tax Collector. g. Resolution determining that Bioxide, a proprietary chemical for sewer odor control and reduction of sulfide gas levels, cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one year, not to exceed the budgeted amount of $800,000. h. Bomb Squad equipment: 1. Appropriate $74,166 State Grant Revenues (FY2008 State Homeland Security Grant Program) to the General Fund Police Operating Budget, to fund the procurement of a Hybrid C2456-8440 Radio system and power system upgrade for the Police Department Remotec F6A Bomb Robot. 2. Resolution determining that a compatible radio system and power system upgrade for the Police Department RemotecF6A bomb robot cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof and purchase one radio system and power system upgrade from Remotec, Inc., not to exceed $74,200. i. Resolution determining that the Deputy Fire Chief assigned to Special Services or the City Manager are appointed as agents authorized to execute any actions necessary for the purpose of obtaining grants from the United States Department of Homeland Security Urban Area Security Initiative (UASI). j. City positions on League of California Cities Annual Conference Resolutions. Agreements: (Ward 1) k. Agreement with Bakersfield Senior Center ($85,000 CDBG funds) for operational expenses at 530 4t' Street. (Ward 33) I. Agreement with State of California Department of Transportation ($250,000) for contribution towards preconstruction work needed for proposed improvements on State Route 99. (Ward 4) M. Agreement with Castle & Cooke California, Inc. to purchase real property located at 11208 Strathaven Street ($27,000) and to lease adjacent real property ($800/month) to facilitate construction of a sewer lift station for the Westside Parkway. (TRIP) 2 City Council Meeting of 8/11 /2010 8. CONSENT CALENDAR continued (Ward 2) n. South Mill Creek easement purchase: 1. Agreement with Bakersfield Redevelopment Agency ($950,000) for the sale of City owned 1.95 linear acre easement located to the east of P Street and Q Street and south of the B.N.S. F. railroad tracks for the South Mill Creek Project. 2. Appropriate $950,000 Redevelopment Loan proceeds from the City's Equipment Fund for the Agency reimbursement to the City's Transportation Development Fund regarding the removal of freeway easement on the Chelsea Housing Project properties. (Ward 2,4,5) o. Amendment No. 3 to Agreement No. 07-082 with AECOM Technical Services, Inc. ($998,000; revised not to exceed $15,239,795) for Westside Parkway Project engineering design services. (TRIP) P. On-call civil engineering and surveying agreements extending term to June 30, 2011 (no change to not-to-exceed amounts): 1. Amendment No. 1 to Agreement No. 08-097 with Harris & Associates, Inc. 2. Amendment No. 1 to Agreement No. 08-098 with Meyer Civil Engineering, Inc. (Ward 3) q, Contract Change Order Nos. 65, 66 and 78 to Agreement No, 07-304 with Security Paving Construction ($77,201.36; revised not to exceed $32,883,512.43) for the State Route 178 and Fairfax Road Interchange Project. (TRIP) Bids: r. Rescind bid award to Stewart Staffing Support Services, Inc. for 16 Panasonic toughbook mobile data computers for the Police Department. S. Accept bid from Jim Burke Ford (total $283,654.50) for 7 replacement four-door police special sedans ($153,971.58) and 6 replacement administration sedans ($129,682.92) for the Police Department. t. Accept bid from Jim Burke Ford ($79,885.20) for three replacement super duty cab and chassis (9700 GVW) for the Police Department Animal Control Unit, U. Accept bid from Golden State Peterbilt ($963,574.73) for 7 replacement three axle cab and chassis, right hand drive for the Solid Waste Division. V. Accept bid from Gibbs Truck Center ($143,983.58) for one replacement water truck with 3,000 gallon capacity for the Streets Division. W. Accept bid from Gibbs Truck Center ($172,405.96) for two replacement brush trucks for Recreation and Parks. X. Accept bid and approve annual contract with Jim Alfter, Cement Contractor (not to exceed $2,209,172) for concrete construction. (Ward 4) Y. Accept proposal and approve contract with Zim Industries, Inc. dba Bakersfield Well and Pump Co. (not to exceed $100,000) for on-call maintenance and repair of the Olcese Wells. 3 City Council Meeting of 8/11 /2010 8. CONSENT CALENDAR continued Z. Video Surveillance Project to install and maintain a video surveillance and supporting infrastructure and connectivity system in 15 specified locations: 1. Accept bid and approve agreement with Leverage Information Systems, Inc. ($309,908.34) for the project. 2. Appropriate $112,155 Seized Asset Forfeiture Revenues to the Police Department Operating Budget in the General Fund for the project. Miscellaneous: aa. Quitclaim of Easement on property located In Arvin to Grimmway Enterprises, Inc. bb. Revised job specifications for Water Resources Director and Water Resources Superintendent. Staff recommends adoption of Consent Calendar items 8.a. through 8.bb. 9. CONSENT CALENDAR PUBLIC HEARINGS (Ward 2) a. Public Hearing to consider Resolution ordering the Summary Vacation of various easements over vacated portions of 15th Street, R Street and alley in Blocks 345 and 346. (Staff recommends adoption of resolution.) (Ward 3) b. Public Hearing to consider Resolution ordering the vacation of the street and landscape easement on Monica Street, between College Avenue and Highway 184, located in Tract 6642. (Staff recommends adoption of resolution.) (Ward 3) c. Public Hearing to consider Resolution amending the Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area and making findings. (Staff recommends adoption of resolution.) (Ward 7) d. General Plan Amendment/Zone Change No. 10-0045; Max P. Bacerra & Associates, representing Samir & Anu Mohan and Panama Buena Vista School District (property owners), has applied for a general plan amendment and zone change on 16.04 acres generally located along the east side of Stine Road, between McKee Road and Taff Highway. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from SR (Suburban Residential) to HMR (High Medium Density Residential) on 4.78 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code from A (Agriculture) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 4.78 acres and from A to R-1 (One Family Dwelling) on 11.26 acres. 4 City Council Meeting of 8/11/2010 9. CONSENT CALENDAR PUBLIC HEARINGS continued (ward 6) e. General Plan Amendment/Zone Change No. 10-0157; MSW Architectural & Engineering, Inc., representing Moran Development (property owner) has applied for a general plan amendment and zone change to modify four conditions of approval previously approved for GPA/ZC No. 06-0463, located along the south side of Berkshire Road, generally west of Ashe Road. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving a Notice of Exemption and adopting the general plan amendment to modify four conditions of approval for GPA No. 06-0463. 2. First Reading of Ordinance approving a Notice of Exemption and approving the amendment to Title 17 of the Municipal Code by modifying four conditions of approval for ZC No. 06-0463. 10. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Sierra Club v. City; Canyons, LLC. - KCSC Case No. S-1500-CV-268547 KCT. b. Conference with labor negotiator pursuant to Government Code Section 54956.6. RECESS TO CLOSED SESSION 11. CLOSED SESSION ACTION 12. HEARINGS (Ward 4)• a. General Plan Amendment/Zone Change No. 06-2247 (Saco Ranch); McIntosh & Associates, representing Bidart Bros. (property owner) has applied for a general plan amendment and zone change on approximately 323 acres, generally located southeast and southwest of the intersection at Coffee Road and Seventh Standard Road. 1. Resolution making findings in accordance with Sections 15091 and 15093 of the State CEQA Guidelines, adopting a statement of overriding considerations, a mitigation monitoring program and certifying the Final Environmental impact Report. 2. Resolution adopting the general plan amendment changing the land use designations from SR (Suburban Residential), LR (Low Density Residential), SI (Service Industrial) to GC (General Commercial) on approximately 165.96 acres with conditions of approval. 3. First Reading of Ordinance amending Title 17 of the Municipal Code form Kern County Zone Districts A (Exclusive Agriculture), M-2 PD (Medium Industrial - Precise Development) and R-1 (Low Density Residential) to City Zone District (C-2/PCD (Regional Commercial/Planned Commercial Development), C-O/PCD (Professional and Administrative Office/Planned Commercial Development) and M-2 (General Manufacturing on approximately 323.71 acres with conditions of approval. Staff recommends adoption of resolutions and give first reading to ordinance. upon annexation 5 City Council Meeting of 8/11 /2010 12. HEARINGS continued (ward 2,4) b. General Plan Amendment/Zone Change No. 06-1877 (Bakersfield Commons); Coffee-Brimhall, LLC (Latham & Watkins LLP) representing World Oil Corp. (property owner) has applied for a general plan amendment and zone change on approximately 255 acres located generally east and west of Coffee Road, north of Brimhall Road and approximately 1/2 mile south of Rosedale Highway, 1. Resolution making findings per Sections 15091 and 15093 of the State CEQA Guidelines, adopting a statement of overriding considerations, a mitigation monitoring program and certifying the Final Environmental Impact Report. 2. Resolution adopting the general plan amendment changing the land use designations from GC (General Commercial), LI (Light Industrial), HI (Heavy Industrial), LR (Low Density Residential), PS (Public and Private Schools) and OS-P (Parks and Recreation Facilities) to GC (General Commercial), MUC (Mixed-Use Commercial) and HMR (High Medium Density Residential) on approximate 236 acres with conditions of approval. 3. First Reading of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code from R-1 (One Family Dwelling), C-2 (Regional Commercial), OS (Open Space), M-1 (Light Manufacturing) and M-2 (General Manufacturing) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development), C-C/PCD (Commercial Center/Planned Commercial Development) and C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately 236 acres with conditions of approval, Staff recommends adoption of resolutions and give first reading to ordinance. 13. REPORTS 14. DEFERRED BUSINESS 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Resp ctfully submitted, an Tandy City Manager 8/5/10 8:45am 6 City Council Meeting of 8/11 /2010 AGENDA HIGHLIGHTS August 11, 2010 COUNCIL MEETING t REGULAR MEETING - 5:15 m WORKSHOPS Economic and Community Development Director, Donna Kunz, will present a brief update on the status of several redevelopment projects. CONSENT CALENDAR Resolutions Item 8i. Resolution Authorizina Aaents of the City to Execute Actions Related to Obtaining Grants from the United States Department of Homeland Security Urban Area Security Initiative U( ASI). In December of 2009 the Department of Homeland Security/FEMA designated the Bakersfield Metropolitan Statistical Area as a UASI. This designation allows access to federal homeland security support and assistance. In order for funds to be released to the City, an Authorized Agent must be appointed to execute any actions necessary. The Deputy Fire Chief assigned to Special Services or the City Manager shall be designated as the Authorized Agent. Item 8j. City Positions on League of California Cities Annual Conference Resolutions The League of California Cities Annual Conference is being held September 15th-17th. This year there are six (b) resolutions to be considered by member cities at the General Assembly. This item includes recommendations on these items, which the City Manager's Office will forward to the League upon Council approval. Aareements Item 8n. South Mill Creek Easement Purchase. This item includes the repurchase of a 1.95 acre linear strip of land located east of P/Q streets and south of the B.N.S.F. railroad tracks. This linear strip was originally purchased by the City to create an easement for right-of-way for the future Centennial Freeway by the Thomas Roads Improvement Program. Given the evaluation of the various build alternatives being studied, this route Is an extremely costly and problematic option. The repurchase of this area is critical to the development of the Chelsea Housing Project and the proposed South Mill Creek Commercial Project. Item 8o. Amendment to an Aareement with AECOM Technical Services Inc for the Westside Parkway Project Enaineerin Design Services in the amount of $998,000 not to exceed $15,239,795. AECOM Technical Services, Inc. Is currently under contract to provide Engineering Design Services for the Westside Parkway Project from Mohawk Street to the tie-in at Heath Road/Stockdale Highway. This Amendment covers several aspects that were unknown when the original scope of work was developed for AECOM. This includes engineering work related to unanticipated design items that have occurred in both Phases 2 & b; design work related to increased wall heights and design work related to the relocation of various facilities for Big West Refinery and the Kern County Water Agency (which were originally anticipated to be prepared by both entities and reimbursed by the City). It should be noted that in order to take advantage of a favorable bidding climate and to encumber all available construction dollars 1 the State provided to the City for this project, AECOM was asked to quickly develop a set of biddable construction documents. While there is a need for additional engineering work over what was originally contemplated, this process has resulted in the City being able to award a construction contract for the Westside Parkway from Mohawk Street west all the way to Allen Road. Bids Items 8s. - 8w. Purchase of Automotive Eauipment These items include the replacement purchase of various City vehicles including seven (7) police sedans; three (3) super duty cab and chassis for the Animal Control Unit, seven (7) three axel cab and chassis for the Solid Waste Division; one (1) water truck for the Streets Division; and two (2) brush trucks for Recreation and Parks. Funds for these purchases are available In the equipment replacement fund. Item 8x. Accept Bid and Aggroval of Contract with Jim After Cement Contractor for Concrete Construction, in an amount not to exceed $2,209,172. On July 15, 2010 invitations to bid for the Annual Contract for concrete construction were sent to over five hundred (500) suppliers. Three (3) bids were received in response to this solicitation, with Jim Alfter Cement Contractor being the lowest. A written bid protest was received regarding this contract, which prompted a thorough review by the Finance Department. After this review, no irregularities were found, and staff has determined that the low bid submitted by Jim Alffer Cement Contractor Is acceptable and recommends award of the contract. Item 8z. Video Surveillance Prolect. This project Is designed to enhance public safety by implementing a video surveillance system in 15 strategic locations within the core downtown area (east and west between Union Avenue and H Street, north and south between 24m Street and California Avenue). The main monitoring and control for the proposed video system will be located at the Police Department Headquarters building. This system will provide real time intelligence, allowing the BPD to further prevent or interrupt criminal activity. The City issued a Request for Proposals on June 28, 2010 to potential vendors. Two (2) vendors attended the walk-through of the project and only one (1) bid was received. This Item includes acceptance of the bid from Leverage Information Systems, Inc. to Install and maintain the video and surveillance equipment and infrastructure needed to complete the project In the amount of $309,908.34. Funding for this project is provided through a combination of several grants and asset forfeiture funds. CLOSED SESSION There will be a conference with Legal Counsel regarding one (1) matter of existing litigation, as well as a conference with the Labor Negotiator. HEARINGS Items 12a & 12b. General Plan Amendment and Zone Changes. There are two Public Hearings regarding the approval of a General Plan Amendment and Zone Change for two projects. The first Is requested by McIntosh & Associates, representing Bidart Bros, on approximately 323 acres, generally located southeast and southwest of the intersection at Coffee Road and 7th Standard Road. The project would allow for approximately 1,459,500 square feet of retail Agenda Highlights - August 11, 2010 Council Meeting Page 2 commercial on 165.96 acres, 332,000 square feet of office uses on 30.52 acres and 1,376,496 square feet of industrial on 127.23 acres. The second item is being requested by Coffee-Brimhall, LLC, representing World Oil Corp., on approximately 255 acres located generally east and west of Coffee Road, north of Brimhall Road and approximately 1h mile south of Rosedale Highway. The project would allow for the development of 1,400,000 square feet of retail commercial and 600,000 square feet for office commercial on 67 and 144 acres, respectively. The proposal also includes development of 345 multi-family dwelling units and 80 single-family dwelling units. Additionally, approximately 20 acres of land will be reserved to accommodate an existing overhead electrical transmission corridor and drainage area. The proposed project site is anticipated to be developed in three distinct phases. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - August 11, 2010 Council Meeting Page 3 • ~ BA ADMINISTRATIVE REPORT 0 MEETING DATE: August 11, 2010 AGENDA SECTION: Presentations ITEM: ' TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD~ , DATE: July 30, 2010 CITY ATTORNEY. 4 CITY MANAGER ji-'~ SUBJECT: Presentation by Mayor Hall of a Proclamation to KC the Bull and Kern Co 1Fjir CEO Bill Blair declaring September 22"d through October 3d as Kern Coun F Days in Bakersfield. RECOMMENDATION: BACKGROUND: krt ~ytOt7u4 ~ ~ ern ADMINISTRATIVE REPORT 1 0 MEETING DATE: August 11, 2010 AGENDA SECTION: Workshop ]-ITEM: Q , TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEA DATE: July 29, 2010 CITY ATTORNEY CITY MANAGER -r7 SUBJECT: Update status on Redevelopment projects (Millcreek) RECOMMENDATION: No action required, BACKGROUND: Staff will provide an update on Redevelopment projects (Millcreek). SAAdmins\City Council\City Council Admins 2010\Redevelopment Project Update 081110.Docx July 29, 2010, 9:46AM A KE O~~wcror Ri$ADMINISTRATIVE REPORT qLl MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD DATE: July 28, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the July 21, 2010 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: nw A o`~ awo.,. Rs ADMINISTRATIVE REPORT 10 MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD , DATE: July 26, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from July 8, 2010 to July 26, 2010 in the/// amount of $24,315,067.03 and Self Insurance payments from July 8, 2010 to July 26, 2010 in the amount of $1,595,796.17. RECOMMENDATION: Staff recommends approval of payments totaling $25,910,863.20 BACKGROUND: KLG July 26, 2010, 8:58AM SAKim GWDMIN COUNCIL-ADMIN-AP-2011WDMIN-AP 081110.doc BAK t~cA A+r U U ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: O. C , TO: Honorable Mayor and City Council APPROVED FROM: Jim Eggert, Planning Director DEPARTMENT HEAD DATE: July 16, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of ordinance and amending the Official Zoning Maps in le 17 of the Bakersfield Municipal Code by changing the zone district f om A (Agriculture) to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Multiple Family Dwelling), C-1 (Neighborhood Commercial), C-2 (Regional Commercial), C-O/PCD (Administrative and Professional Office/Planned Commercial Development), OS (Open Space), and DI (Drilling Island) on approximately 564± acres, generally located south of Stockdale Highway, north of the Cross Valley Canal, west of the City limits at Claudia Autumn Drive, and east of the future extension of Nord Avenue. (ZC 09-0263 - McIntosh & Associates representing Castle & Cooke, California, Inc.) (Ward 4, upon annexation). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on June 30, 2010. The project would allow for approximately 3,583 residential dwelling units on approximately 370.85 acres and a total of 941,700 square feet of general commercial and business park uses on approximately 69.02 acres. Approximately 665,200 square feet of the business park Is proposed for the OC (Office Commercial) land use designation on 43.63 acres. The remaining 25.39 acres would consist of 276,500 square feet of general commercial uses. Approximately 20 acres of land will be reserved for OS (Open Space). The Project proposes a zone change from A (Exclusive Agriculture) to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling; 1 unit/2,500 sq. ff.), R-3 (Limited Multiple Family Dwelling; 1 unit/1,250 sq. ff.), C-1 (Neighborhood Commercial), C-2 (Regional Commercial), C-O/PCD (Administrative and Professional Office/Planned Commercial Development), and DI (Drilling Island) zones. The California Environmental Quality Act (CEQA) requirements have been followed by staff and the Planning Commission for the project. Staff conducted an initial study and it was ADMINISTRATIVE REPORT Page 2 determined that the project could have a significant environmental effect. Therefore, in accordance with CEQA, an Environmental Impact Report (EIR) was prepared. The Planning Commission and staff conducted several hearings on the EIR including a public scoping meeting on August 13, 2009, an adequacy hearing to receive comments on the Draft EIR on December 17, 2009, and a hearing on the Final EIR on March 18, 2010 and April 1, 2010. The Final EIR was recommended for certification by the Planning Commission on April 1, 2010. Despite compliance with local ordinances, state laws, mitigation measures Incorporated Into the project as conditions of approval, and construction in accordance with the uniform building codes, cumulative traffic/circulation and noise Impacts would remain significant. Staff and the Planning Commission recommend certification of the Final EIR and accompanying mitigation monitoring and reporting program, the adoption of CEQA findings, and a statement of overriding considerations pursuant to State CEQA Guidelines Sections 15091 and 15093. Mitigation measures recommended as part of project approval address land use and relevant planning; agriculture; public health and safety; aesthetics, light and glare; traffic and circulation; noise; air quality; biological resources; cultural resources; public services and utilities; geologic and seismic hazards; hydrology and water quality; and mineral resources. The Impacts to urban decay were found to be less than significant and did not require mitigation measures. The Final EIR and accompanying mitigation monitoring and reporting program and the adoption of CEQA findings and a statement of overriding considerations as required pursuant to State CEQA Guidelines Sections 15091 and 15093 was certified by City Council on June 30, 2010. The applicant agreed to all conditions and mitigation for the project. JE:MO:js S:\GPAs\GPA 2nd 2010\09-0263 (New Stockdale Ranch EIR)\Staff Reports\Admin Report 2nd Reading.doc ~ A ADMINISTRATIVE REPORT i MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: 8-d. TO: Honorable Mayor and City Council APPROVED FROM: Jim Eggert, Planning Director DEPARTMENT HEAD DATE: July 22, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an ordinance adding Section 17.04.358 and amending Ci//ai er 17.61 of the Bakersfield Municipal Code related to water conservation and a iciency requirements to landscape standards. (Ail Wards) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on July 21, 2010. The proposed amendments Incorporate water conservation measures pertaining to plant selection and Irrigation systems for compliance with Assembly Bill No. 1881, Water Conservation. On September 10, 2009, the State of California approved, updates to the Government Code related to the Water Code that requires local agencies (including charter cities) to adopt and implement water efficient landscape regulations. AB 1881 required that by January 1, 2010, local agencies must either: 1. Adopt the Model Water Efficient Landscape Ordinance Included In AB 1881; or 2. Adopt a different ordinance that is at least as effective in conserving water as the Model Water Efficient Landscape Ordinance; or 3. If a local agency takes no action, the Model Water Efficient Landscape Ordinance will go Into effect as If it were adopted by the local agency. City staff determined that many existing City ordinances and policies are as effective as implementing the State's model ordinance. However, it was determined that the Zoning Ordinance needed to be amended to Incorporate additional water conservation components to be consistent with the new State law. The proposed amendments to BMC 17.61 - Landscape Standards, and an addition of a definition to BMC 17.04 - Definitions, address water conservation for new landscaping for projects requiring site plan review, which Includes all projects except single-family residential development. BAK ADMINISTRATIVE REPORT 1 The Planning Commission held a public hearing on February 18, 2010 and March 18, 2010. At the March 18, 2010 meeting, there were two landscape professionals who spoke in opposition to the proposed amendments. As a result, the Planning Commission referred the proposed amendments to an ad-hoc committee for further discussion between committee members, landscape professionals, Home Builders Association (HBA), the public and City staff. The ad-hoc committee met on March 31, 2010 and April 28, 2010, and after extensive discussion, brought back modifications for consideration by the Planning Commission. No one spoke in opposition to the amendments at the June 3, 2010 meeting, and the Planning Commission recommended the proposed amendments be adopted by the City Council. A Notice of Exemption in accordance with the California Environmental Quality Act Section 15307 has been prepared. A summary of the proposed amendments are as follows; • 17.04.358 (Definitions) - Adds the definition of "hydrozone", which is a term used to determine irrigation areas. • 17.61.010 (Generally) - Updates the purpose of the Landscape Standards to Include water efficiency language. 17.61.030 (Minimum Landscape Standards) - Updates the landscape standards to Include components related to efficient water use. It does not restrict individual plant selection to a specific water use, but instead allows the project to calculate a "Total Landscape Area Water Use." Plant selection is generally based on our area's climate zone, and water conservation would be equivalent to a "moderate" water use consistent with the new law. • 17.61.040 (Landscape Maintenance) - Added maintenance requirement to maintain water efficiency of the landscaping such as soil amendments and mulch. Added requirement to maintain plants and Irrigation system approved by the City. • 17.61.060 (Landscape Plan Requirements) - Requires Inclusion of Information on Irrigation equipment and the hydrozones that the equipment services. Requires the calculation of the "Total Landscape Area Water Use" based on plant type. Also requires the property owner to verify Installation and proper operation of the irrigation system as described in their approved plan. JE/pe S:\Waeer Efficient Landscape Ordinance\BMC 17,61 Amendments ADMIN REPORT FORM 09 - 2nd reading.docx BA O~ pp R, S U ADMINISTRATIVE REPORT LIF MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: e TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD Utk DATE: July 14, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution approving the destruction of certain obsolete Cit rvernmc' s, documents, instruments, books and papers, pursuant to Californi G nt Code Section 34090, et. seq. (Public Works Department). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: This Resolution authorizes the Public Works Department to destroy obsolete records and reports, etc., in accordance with Exhibit "A" of the Resolution. Governmental Code Section 34090 permits destruction of certain public records upon the approval of the City Attorney and a Resolution adopted by the City Council. Attached is a copy of the Records Retention Schedule marked Exhibit "A". GL 06-23-10 GAGROUPDAT\ADMINRPT\2010\08-11 \Record Destruction Admin.doc A ADMINISTRATIVE REPORT c MEETING DATE: August 11, 2010 AGENDA SECTION: Consent ITEM: 8,-P, TO: Honorable Mayor and City Council APPROVED FROM: Phil Burns, Building Director DEPARTMENT HEAD DATE: August 2, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution confirming approval by the City Manager designee of t tithe de Enforcement Officer's report regarding assessments of certain propeity for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on August 9, 2010, by the City Manager designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter and/or were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1 /Councilmember Irma Carson 1. 1205 Antonia Way 022-022-10 $ 300.00 2. 910 Bank Street 010-221-15 $ 979.00 3. 217 Bliss Street 139-341-19 $ 724.00 4. 218 S. Brown Street 019-191-05 $ 689.00 5. 812 S. Brown Street 019-142-06 $ 300.00 6. 1020 S. Brown Street 019-051-10 $ 1823.00 August 2, 2010, 11:30AM P:\adminaugust 11 pm_demo.docx ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 /Councilmember Irma Carson 7. 28 Clyde Street 018-431-13 $ 105.00 8. 1516 El Sereno Drive 011-431-29 $ 105.00 9. 716 S. Haley Street 019-111-04 $ 105.00 10, 128 Kincaid Street 018-160-05 $ 1229.00 11. 133 S. King Street 018-160-19 $ 105.00 12, 324 S. King Street 139-302-16 $ 774.00 13. 119 L Street 010-311-12 $ 300.00 14. 1003 L Street 009-112-09 $ 659.00 15. 1706 Madison Street 170-080-15 $ 105.00 16. 5317 Mar Grande Drive 173-580-16 $ 774.00 17. 5201 Milagro Drive 173-430-12 $ 759.00 18. 29 Milham Drive 139-432-05 $ 105.00 19. 117 N Street 010-321-15 $ 105.00 20. 503 N Street 009-440-20 $ 105.00 21. 505 N Street 009-440-19 $ 105.00 22. 209 Northrup Street 018-310-12 $ 919.00 23. 228 Northrup Street 018-280-26 $ 105.00 24. 312 Northrup Street 018-290-09 $ 694.00 25. 1303 Potomac Avenue 018-091-36 $ 654.00 26. Vacant lot north of 912 Q Street 009-172-03 $ 1314.00 27, 915 Watts Drive 170-132-09 $ 300.00 28. 1127 Wilkins Street 018-260-19 $ 1099.00 29. 1425 Wilkins Street 018-432-05 $ 739.00 30, 718 S. Williams Street 019-121-04 $ 694.00 31. 1613 Wilson Road 022-121-02 $ 739.00 32. 625 E. 4th Street 139-292-06 $ 1099.00 33. Vacant lot east of 223 E. 5th Street 139-270-05 $ 674.00 34. 318 8th Street 009-504-13 $ 1625.00 35. 321 E. 9th Street 139-151-05 $ 600.00 36. 311 E. 10th Street 139-121-03 $ 105.00 Ward 2/Councilmember Sue Benham 37. 1417 Baker Street 013-270-15 $ 105.00 38. 1429 Baker Street 013-270-01 $ 105.00 39. 511 Bernard Street 013-030-01 $ 105.00 40. 2825 California Avenue 007-031-09 $ 105.00 41. 3105 California Avenue 007-041-04 $ 669.00 42. 923 Eureka Street 017-290-03 $ 7123.00 Demolished structure August 2, 2010, 11:27AM P:\adminaugust 11 pm_demo.docx ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 2/Counciimember Sue Benham 43. 15 Flower Street 012-062-03 $ 720.00 44. 237 Flower Street 012-280-10 $ 789.00 45. 1916 Forrest Street 007-197-17 $ 105.00 46. 1015 Gage Street 015-390-16 $ 105.00 47. 230 H Street 010-280-20 $ 704.00 48. 314 H Street 010-140-22 $ 694.00 49. Vacant lot east of 3602 L Street 120-140-31 $ 105.00 50. 3421 M Street 120-120-09 $ 690.00 51. 1806 Maple Avenue 007-194-15 $ 694.00 52. 314 Monterey Street 014-060-17 $ 300.00 53. 400 Monterey Street 014-070-18 $ 2070.00 54. 423'/2 Monterey Street 014-160-05 $ 1315.00 55. 27 Pacific Street 012-082-07 $ 740.00 56. 611 Pacific Street 013-220-04 $ 300.00 57. 725 Pacific Street 013-270-21 $ 1585.00 58. 1412 Pacific Street 015-040-13 $ 300.00 59. 1503 Pacific Street 015-130-21 $ 700.00 60. 512 Quincy Street 013-200-11 $ 700.00 61. 3025 San Dimas Street 002-081-25 $ 105.00 62. 3030 San Dimas Street 002-082-01 $ 300.00 63. 3100 16th Street 004-221-07 $ 730.00 64. 1032 E. 19th Street 017-120-02 $ 300.00 65. 1225 E. 19th Street 017-190-06 $ 674.00 66. 900 31 It Street 002-061-17 $ 725.00 Ward 3/Counciimember Ken Weir 67. 3332 Pasadena Street 383-151-29 $ 825.00 68. 5900 Piacenza Place 332-624-06 $ 105.00 Ward 4/Councilmember David Couch 69. 13013 Cheyenne Mountain Drive 529-142-12 $ 725.00 70. 12504 Crown Crest Drive 523-270-02 $ 768.00 71. 11903 Harvick Avenue 528-302-14 $ 719.00 72. 13008 Jackson Lake Drive 529-182-04 $ 105.00 73. 12015 Jenlee Avenue 465-361-09 $ 105.00 74. 2909 Moxee Court 451-381-17 $ 740.00 75. 2222 Ribble Valley Drive 523-300-13 $ 105.00 76. 4419 Rushmore Drive 527-161-07 $ 725.00 August 2, 2010, 11:27AM P:\adminaugust 11 pm_demo. docx ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 4/Councilmember David Couch 77. 12705 Schooner Beach Drive 522-601-10 $ 794.00 78. 3813 Suzy Street 465-443-05 $ 719.00 79. 12316 Sundance Canyon Drive 527-411-17 $ 745.00 80. 12813 Trafalgar Square Drive 528-291-09 $ 709.00 81. 8401 Winlock Street 451-392-09 $ 105.00 Ward S/Councilmember Harold Hanson 82. 3612 Amur Maple Drive 513-221-08 $ 925.00 83. 401 Cockney Court 501-182-20 $ 105.00 84. 6115 Green Valley Way 497-272-03 $ 785.00 Ward 6/Coucilmember Jacauie Sullivan 85. 3200 Corvallis Court 381-287-01 $ 674.00 86. 3521 S. Half Moon Drive 384-251-06 $ 105.00 87. 5107 Hartwick Court 499-202-16 $ 694.00 88. 2300 Sandpiper Road 440-072-01 $ 1119.00 89. 5221 Silver Springs Lane 499-061-40 $ 105.00 90. 5212 Thyme Lane 384-111-12 $ 648.00 91. 6009 Winter Grove Drive 499-172-04 $ 825.00 Ward 7/Councilmember Zack Scrivner 92. 4341 Balboa Drive 171-183-05 $ 300.00 93. 2421 Boyd Street 372-351-01 $ 724.00 94. 6305 Castleford Street 371-391-05 $ 600.00 95. 1000 Delwood Avenue 413-142-01 $ 300.00 96. 2113 Elaine Street 023-081-10 $ 769.00 97. 1308 Fawnbrook Drive 413-111-09 $ 800.00 98. 500 Fownes Court 516-220-18 $ 105.00 99. 4704 Glengary Place 371-183-08 $ 300.00 100. 3501 Harris Road 371-412-05 $ 759.00 101. 1406 Innsbruck Drive 517-442-31 $ 694.00 102. 903 Joplin Court 516-380-17 $ 694.00 103. 5228 Stine Road 371-010-24 $ 600.00 August 2, 2010, 11:27AM P:\adminaugust 11 pm_demo.docx ADMINISTRATIVE REPORT The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. August 2, 2010, 11:27AM P:\adminaugust 11 pm_demo.docx A ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: S, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD tobt DATE: July 28, 2010 CITY A TTORNEY CITY MANAGER SUBJECT: Resolution determining that Bioxide, a proprietary chemical focontrol and reduction of sulfide gas levels, cannot be reasonthrough the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof for a period of one (1) year, not to exceed the budgeted amount of $800,000. (City Wide) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Some areas of Southwest, Northwest and Northeast Bakersfield experience continuing odor problems from the Sewer Trunk Line thus creating a nuisance to residents and businesses. Nuisance odors are a violation of the San Joaquin Unified Air Pollution Control District (District) policies and can be punishable by a fine. The City has previously received a warning from the District to alleviate the nuisance odors and reduce the high levels of sulfide gas found in the sewer system, or face a fine by the District. Bioxide has proven itself to be compatible with the City Wastewater secondary treatment process and is environmentally sound. Due to the proprietary nature of Bioxide, and the need to continually inject Bioxide to control odors in the Sewer Trunk Lines, staff is recommending adoption of the Resolution to dispense with bidding for Bioxide and authorizing the purchase of Bioxide on a continuing basis in amounts to meet the City's requirements, not to exceed the budgeted amount of $800,000. If at any time it is determined that other products or more effective products are available, staff will re-evaluate the sole source designation of Bioxide and will seek competitive pricing to insure the best interests of the City are met. Purchasing Division S:\PURCHWDMINWdmin 10-11\13ioxide Sole Source Resolution, August 11, 2010.docx July 29, 2010, 10:43AM BA O~~C09POR,r~ Sl~ ADMINISTRATIVE REPORT qL! 0 MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: 13, h. TO: Honorable Mayor and City Council APPROVED FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD DATE: July 30, 2010 CITY ATTORNEY L CITY MANAGER SUBJECT: Bomb Squad Equipment 1. Appropriate $74,166.00 State Grant Revenues (FY2008 State Homeland Security Grant Program) to the General Fund Police Operating Budget, to fund the procurement of a Hybrid C2456-8440 Radio system and power system upgrade for the Police Department's Remotec F6A Bomb Robot. 2. Approve sole-source resolution determining that a compatible radio system and power system upgrade for the Bakersfield Police Department's Remotec F6A bomb robot cannot be reasonably obtained through the usual bidding procedures and authorizing the finance director to dispense with bidding therefore and purchase one radio system and power system upgrade from Remotec, inc., not to exceed $74,200.00. RECOMMENDATION: Staff recommends approval of the proposed appropriation and sole-source resolution. BACKGROUND: The County of Kern is the designated sub-grantee for Homeland Security grants on behalf of the Kern Operational Area. On 12/17/08, the City and County established a Memorandum of Understanding (Agt# 08-222), and on 02/17/10 the City and County amended said agreement (Agt #08-222(1) defining the grant projects and giving the City the authority to purchase designated equipment and submit for reimbursement from the FY2008 State Homeland Security Grant Program (SHSGP). 1. Attachment B from Agt #08-222(1) approves the allocation of $74,166.00 to the Bakersfield Police Department, under the Kern Op Area Law Enforcement Bomb Squad IED Response Project, to procure the Hybrid C2456-8440 Radio system and power system upgrade for the Police Department's Remotec F6A robot. This piece of equipment will allow Bomb Squad Technicians to operate the bomb robot without limitations due to distance, weather, or barriers. This will enhance the overall safety to the responding Bomb Technician's along with other first responders and the general public. db A KEnn O~~OPlOR,t `is1 ADMINISTRATIVE REPORT LIFO 2. The radio system must be completely compatible with the Remotec F6A robot currently in the Bomb Squad inventory. The control panel and interactive operational components must be compatible with the Bomb Squad response vehicle. Without these two requirements the platform will not operate in a safe and consistent manner, thus creating additional danger to the Bomb Technician's response and the general public. The search for a piece of equipment which satisfied the requirements led to the manufacturer of the robot itself (Remotec, Inc.). The robotic platforms in the bomb disposal field are proprietary and therefore items used to enhance the response of the robot to emergency calls that involve the actual operation of the robot are only available from the specific manufacturer. This was determined through in depth research of other Police Departments that employ the same robotic platform, through vendor shows at the International Association of Bomb Technicians and Investigators Training Conference, and through interaction with the F.B. I., the US Army and the Hazardous Devices School in Huntsville, Alabama. db A O~ya , ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council ~fr VED FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD_ M DATE: August 3, 2010 CITY ATTORNEY CITY MANAGER 4'It SUBJECT: Resolution determining that the Deputy Fire Chief assigned to Special Services or the City Manager are appointed as agents authorized to execute any actions necessary for the purpose of obtaining grants from the United States Department of Homeland Security Urban Area Security Initiative (UASI), RECOMMENDATION: Staff recommends approval of Resolution. BACKGROUND: The United States Department of Homeland Security (DHS) provides financial assistance to States and Urban Areas through the Homeland Security Grant Program (HSGP). The UASI program directly supports the National Priority on expanding regional collaboration in the National Preparedness Guidelines and is Intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery. Since 2003 the UASI program continues this mission by providing financial assistance to address the unique multi- discipline planning, organization, equipment, training, and exercise needs of high-threat, high- density Urban Areas, and to assist them in building and sustaining capabilities to prevent, protect against, respond to, and recover from threats or acts of terrorism. In December 2009 the United States Department of Homeland Security/FEMA designated the Bakersfield Metropolitan Statistical Area as an Urban Area Security Initiative (UASI). This Important designation allowed access to federal homeland security support and assistance Including specialized training, technical support, and financial assistance. The UASI designation also brought with it several mandates required to be delivered in a relatively short period of time for the FY10 UASI grant application. In order for funds to be released to the City of Bakersfield, an Authorized Agent must be appointed to execute any actions necessary for the purpose of obtaining grant funds from the United States Department of Homeland Security UASI. The Deputy Fire Chief assigned to Special Services or the City Manager shall be designated as the Authorized Agent. TH/cb SACOLEEN BLAIR\Admin Rpts-Resolutions\Admin- D, Chief as Auth. Agent.doc A y ~ ~ I ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: -8-j. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: August 4, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: League of California Cities Annual Conference - City Positions C nference Resolutions. RECOMMENDATION: Adopt staff-recommended positions on League Resolutions and forward said positions to the League of California Cities. BACKGROUND: The League of California Cities Annual Conference (Conference) is being held September 15-17 at the San Diego Convention Center. During the Conference, there is an annual business meeting which includes an opportunity for member cities to vote on several proposed resolutions. The annual business meeting is scheduled for Friday, September 171h at 3:00p. m. In the past the Legislative and Litigation Committee has made a recommendation on the appointment of a Councilmember to serve as a voting delegate at the Conference. In addition, the Legislative and Litigation Committee has also reviewed and taken a position, where appropriate, on each resolution to be considered. Last year due to timing issues, the Chair of the Legislative and Litigation Committee asked the City Manager and City Attorney to review the proposed League Resolutions and forward their recommendations to the Council for consideration. This year, Councilmember Sullivan, who has served as a voting delegate on behalf of the City in the post, will be attending the Conference, however, she will be unable to stay for the business meeting. Due to budget constraints, staff's recommendation is not to send a staff representative to attend the Conference, however, if the Council deems it necessary for a representative from the City to cast a vote on the resolutions discussed below, an alternate voting delegate from the City Manager's Office can be sent to accomplish this. Furthermore, if the Council feels that the resolution recommendations provided below need to be discussed in greater detail, they can be sent to the Legislative and Litigation Committee, which is tentatively scheduled to meet on August 23rd, for further review. Consistent with last year's process, the City Manager and City Attorney are providing the following recommendations: Resolution 1: Relating to League Bylaws Amendments - Expansion of the League Board of Directors (SUPPORT). August 5, 2010, 1:54PM S:\Steve TegliaTeague of Cal Cities\Council Admin 2010 annual conference resos..docx ADMINISTRATIVE REPORT Resolution 2: National Let's Move Campaign - Healthy lifestyles education program to fight obesity promoted by the First Lady (SUPPORT). Resolution 3: AB 32 and SB 375 - Opposition to the Board of Directors decision to defer action on AB 32 and SB 375 and to adopt the board-appointed Task Force recommendations. The League Board of Directors rejected the specific recommendations of the Board appointed Task Force by deferring action on the issue. The Task Force had recommended that the League Board request specific actions by the Governor and the California Air Resources Board to delay certain deadlines and take other actions with respect to AB 32 and SB 375 (REMAIN NEUTRAL). Resolution 4: Responsible Banking - Annual "report card" for financial institutions' investment and lending activity within a city. This is based on a "Responsible Banking Initiative" recently passed by the Los Angeles City Council which requires financial institutions with which the City contracts with to provide an annual "report card" detailing investment and lending activity within the City of Los Angeles (REMAIN NEUTRAL). Resolution 5: State Unfunded Mandates - Work to suspend, eliminate, or otherwise modify the negative impacts of state mandates on local agencies (SUPPORT). Resolution 6: Enhancing Public Safety While Driving a Motor Vehicle - Promote safe driving across California and educate the general public about the dangers of texting while driving (SUPPORT). Unless directed otherwise, the City Manager will forward these recommendations to the League of California Cities. August 5, 2010, 1:54PM S:\Steve Teglia\League of Cal Cities\Council Admin 2010 annual conference resos..docx COPMOPTQ SF~ r9„~ ~ I ADMINISTRATIVE REPORT ~ MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM. 8 . K . TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: July 29, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Bakersfield Senior Center, Inc. for $85,000 of Community Development Block Grant funds for operational expenses at 530 4th Street. (Ward 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: Bakersfield Senior Center, Inc. (BSC) has provided services to the seniors of Bakersfield for well more then 26 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 to the center's operations. In the Fiscal Year 2010/11 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. Staff intends to hold a workshop in the Fall of 2010 to provide guidance to BSC and other agencies receiving 2010/11 funding. This process will help these agencies be more efficient and reduce the time it takes for City staff to process claims. S:\Admins\Clty Councll\City Council Admins 2010\13SC 10-11 Admin,Docx 7/28/2010 3:43 PM G A n ly,Gp 0'r ADMINISTRATIVE REPORT LIF MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: g, 1, TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD 33~ DATE: July 30, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Cooperative Agreement ($250,000) with the State of California ep rtment of Transportation (Caltrans) for contribution towards preconstruction work needed for proposed improvements on State Route 99. (Wards 3 and 7) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: At the City Council meeting of June 9, 2010 the City Council approved making a commitment of $250,000 towards preconstruction work (environmental, preliminary design, and final design) needed for proposed improvements on State Route 99 (SR99). The proposed improvements include widening of SR99, from State Route 119 to Ming Avenue, and from State Route 204 to Olive Drive. This preconstruction work is necessary to allow these projects to better compete for $63 million of SR99 Bond Program savings that have been recently realized by Caltrans due to favorable bids they have received on other SR99 Bond Program projects. These SR99 Bond Program savings may be appropriated by the State to additional projects that will widen SR99. KernCOG and the County of Kern are also contributing funds towards this preconstruction work ($2.5 million and $250,000, respectively). Staff recommends approval of the agreement. Funds for this agreement were previously appropriated by the City Council at the June 9, 2010 City Council meeting. The funding source for this agreement is traffic impact fees. There is no General Fund impact associated with this agreement. Tdw:G:\GROUPDAT\ADMINRPT\2010\08-11\SR 99 widening COOP with Caltrans.docx A 4 ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: 9,m, TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD A"_5 DATE: August 3, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Castle & Cooke California, Inc. to purchase real proper tcated at 11208 Strathaven Street for $27,000 and to lease adjacent real property for $800 a month to facilitate construction of a sewer lift station for the Westside Parkway (TRIP). (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City is acquiring approximately 13,402 square feet of vacant residential land at 11208 Strathaven Street for a sewer lift station for the Westside Parkway. The City is also leasing approximately 12,000 square feet of adjacent land to facilitate the construction of the lift station for $800 a month. The purchase price of $27,000 represents the property's fair market value as determined by an appraisal prepared by Michael Burger & Associates, an independent appraisal firm. The term of the lease will be approximately twenty-four months which is the estimated time needed to construct the sewer lift station. The Planning Department completed a review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. August 3, 2010, 9:03AM P:\MyFiles\Admin Reports\Castle & Cooke Jewetta.doc DMA/s ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: , t1, TO: Honorable Mayor and City Council APPROVED FROM: Donna L, Kunz, Economic Development Director DEPARTMENT HEA DATE: August 2, 2010 CITY ATTORNEY i CITY MANAGER SUBJECT: South Mill Creek Easement Purchase: 1) Loan Reimbursement Agreement with the Bakersfield Redevelopment Agency for $950,000 for the sale of a City owned 1,95 linear acre easement located to the east of P/9 Streets and south of the B.N.S.F. railroad tracks for the South Mill Creek Project. 2) Appropriate $950,000 Redevelopment Loan proceeds from the City's Equipment Fund for the Agency reimbursement to the City's Transportation Development Fund regarding the removal of freeway easement on the Chelsea Housing Project properties, (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: In March of 2007, the Bakersfield Redevelopment Agency sold to the City of Bakersfield a 1.95 acre linear strip of land located east of P/9 streets and south of the B.N.S.F. railroad tracks. This linear strip of land was purchased by the City in order to create an easement for right-of-way for the future Centennial Freeway. Currently, there are four build alternatives being studied for the Centennial Freeway by the Thomas Roads Improvement Program (TRIP) with this site being Alternative "D." The City of Bakersfield has invested millions of dollars in recent public recreational facilities including the McMurtry Aquatics Center, the Ice Sports Center and the Rabobank Arena, combined by other significant private and pubic investment that includes, the County Administrative offices and the Bakersfield High School campus, making Alternative "D" an extremely problematic and costly choice to the Centennial Freeway. For these reasons the City of Bakersfield intends to remove the existing freeway easement reservation on the 1.95 acre linear strip. S:\Admins\City Council\City Council Admins 2010\Agency Purchase Easement P-Q.doc 8/2/2010 3:38 PM ADMINISTRATIVE REPORT Page 2 The Bakersfield Redevelopment Agency has determined a need to repurchase this 1,95 acre linear strip for the Chelsea Housing Project and the proposed South Mill Creek Commercial Project, Chelsea has been awarded its State of California TCAC and must begin construction of the project within 150 days. The purchase of this easement is critical to Chelsea receiving their construction financing for the project, The original funds in the amount of $1,000,000 to purchase the land by the City of Bakersfield came from the Thomas Roads Improvement Program (TRIP) Transportation Development Local Match fund. The purchase price of $950,000 represents the fair market value paid by the City of Bakersfield to the Redevelopment Agency in March of 2007 and adjusted for a $50,000 payment made to the City by the Agency. The Redevelopment Agency currently does not have sufficient resources to purchase the easement and is requesting a loan from the City's Equipment fund in order to reimburse the City's Transportation Development Fund in the amount of $950,000. The actual vacation of the easement east of the canal for the Chelsea project will be heard and considered by City Council during tonight's meeting. The vacation remaining of the commercial property easement west of the canal will be heard at a City Council meeting at a later date. The Bakersfield Redevelopment Agency will consider approval of this agreement at their August 18, 2010 meeting. S:Wdmins\City Council\City Council Admins 2010\Agency Purchase Easement P-Q.doc 8/2/20103:38 PM OF C 14 ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: Qj 0. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD &&A DATE: July 29, 2010 CITY ATTORNEY IIAXA-z-~ "I CITY MANAGER SUBJECT: Approve Amendment No. 3 to Agreement 07-082 with AECO T CHNICAL SERVICES, INC. for Engineering Design Services for the Westside Park ay Project (additional $998,000.00 for a not to exceed amount of $15,239,795.00). (TRIP) (Wards 2, 4 and 5) RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: AECOM Technical Services, INC (formerly AECOM USA, Inc.) is currently under contract to provide Engineering Design Services for the Westside Parkway project from Mohawk Street to the tie-in at Heath Road/Stockdale Highway. When the scope of work for AECOM was originally developed, the City had anticipated that the Big West Refinery and the Kern County Water Agency (KCWA) were going to prepare their own designs and construction plans for relocations of their facilities required as a result of the project. The City intended to reimburse these entities for any costs they incurred due to this work. However, both have requested that the City/City consultants complete this engineering work. The City has incorporated this work into this Amendment. Also, the initial construction plans included over 4 miles of 12 to 14-foot high concrete block sound walls whose design was based on the noise analysis/study performed for the Westside Parkway environmental document. Recently, additional noise analysis was completed for this area as part of the Centennial Corridor project. This analysis indicated these Westside Parkway walls should be 2 to 4 feet higher to mitigate for the noise effects resulting from the potential future Centennial Corridor project. Council previously approved the contractor change order to raise these wall heights, but this Amendment includes the engineering work necessary to revise the plans for these walls. Unanticipated design items have arisen in both the Phase 2 portion of the project (Mohawk Street to Allen Road) currently under construction, as well as the Phase 6 portion of the project (Allen to Heath/Stockdale) which has not yet been bid. While these items will result in improvements to the project and in some cases construction cost savings, they involve additional engineering evaluation and redesign/revision of some elements such as traffic handling (detour plans), drainage systems, and freeway mainline tie-ins; work not contemplated in the original engineering scope for this Agreement and included in this Amendment. July 30, 2010, 9:13AM G:\GR0UPDAT\ADMINRPT\2010\08-11\AECOM Amendment 3 rev- Admin.doc T8K139 ADMINISTRATIVE REPORT Finally, as has been discussed previously, due to the extremely favorable bidding climate and the desire to encumber all available construction dollars the State provided to the City for this project, AECOM was asked to quickly develop a set of biddable construction documents. These documents included construction plans, project specifications, and bid item quantities broken up into a number of separate bidding packages. While this arrangement required additional engineering work over that originally contemplated, it resulted in the City being able to award a construction contract for the Westside Parkway from Mohawk Street west all the way to Allen Road, a construction project much bigger than had been originally thought possible. Staff recommends approval of Amendment No. 3 to Agreement No. 07-082. A combination of previously budgeted State and local funding will be used for this Amendment. Due to the voluminous nature of the agreement exhibits, they are on file in the City Clerk's Office for review. kpb July 30, 2010, 9:13AM G:\GR0UPDAT\ADMINRPT\2010\08-1 1 \AECOM Amendment 3 rev- Admin.doc T8K 139 A ADMINISTRATIVE REPORT LIFO MEETING DATE: August 1 1, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD_B8v► DATE: July 29, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment to On-Call Civil Engineering and Surveying Agreements to extend term by one year to June 30, 2011 (no change in not-to-exceed compensation amounts): 1. Amendment No. 1 to Agreement No. 08-097 with Harris & Associates, Inc.; 2. Amendment No. 1 to Agreement No. 08-098 with Meyer Civil Engineering, Inc. RECOMMENDATION: Staff recommends approval of the amendments. BACKGROUND: These current On-Call Civil Engineering and Surveying agreements are for services provided during the last half of Fiscal Year 2007-08 and all of Fiscal Year 2008-09 and Fiscal Year 2009-10. These agreements expired on June 30, 2010. However, the consultants are still working on various projects that were not completed by that expiration date. Therefore, an extension to these agreements is required to provide for the services necessary to complete the assigned tasks on these various projects. This amendment does not provide any additional compensation to the consultants as their fees for the various projects have already been approved. In addition, the amendment excludes making any new work assignments to the consultants. PW / Design Engineering / ADR 7/29/2010 4:19 PM G:\GR0UPDAT\ADMINRPT\2010\08-11\on Call Civil Engineering Extension.Docx A ADMINISTRATIVE REPORT w MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: August 3, 2010 CITY ATTORNEY l~ CITY MANAGER SUBJECT: Contract Change Order Nos. 65, 66, and 78 to Agreement No. 07-30 with Security Paving Construction ($77,201.36 for a revised not to exceed amount of $32,883,512.43) for the State Route 178 and Fairfax Road Interchange Project (TRIP) (Ward 3). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project consists, In general, of construction of a freeway interchange on State Route 178 (SR-178) at Fairfax Road and the extension of the SR-178 freeway for one mile, from just east of the Oswell Street overcrossing to just west of Morning Drive. Change Order No. 65 provides for the placement of 6 foot tall chain link fencing along some of the boundaries of the freeway interchange right-of-way. This item of work was not included in the original plans that were approved by Caltrans and bid by contractors. This modification was subsequently requested by Caltrans in order to provide additional safety to the public. This change order results in a net, increase of $49,407.50. Change Order No. 66 provides for modifications to drainage system # 21, which is located on the south side of SR-178 and east of Fairfax Road. This drainage system was built as shown in the plans; but when it rained, ponding resulted at the outlet of the system near the edge of the freeway. This created a possible safety issue for vehicles travelling eastbound on SR-178; the modifications to the drainage system solve this problem. This change order results in a net increase of $14,598.62. Change Order No. 78 provides for additional concrete curbing along the base of the retaining wall at the eastbound off ramp, to enable installation of river rock hard-scaping between the edge of this ramp and the retaining wall. The original plans called for asphalt paving to be installed in this area. River rock surface treatment in this area. was proposed in an effort to enhance aesthetics and be consistent with other areas of the project that receive aesthetic treatments. This change order results in a net increase of $13,195.24. GAGR0UPDAT\ADMINRPT\2010\08-11\Admin Rpt CCO 65-66-78 Fairfax Interchange Project C -.docx Project # T7K021 F BA U C.1 ADMINISTRATIVE REPORT The net cost increase of Change Order Nos. 65, 66, and 78 is $77,201.36. This provides a total cost increase of $3,554,066.33 which is a 12.1 `k increase as illustrated below: • Original Contract Amount (includes Amendment Nos. 1 & 2) _ $29,329,446.10 • Previous Change Orders = $ 3,476,864.97 • Current Change Order No. 65, 66 and 78 = $ 77,201.36 • Amended Contract Agreement after Change Orders = $32,883,512.43 Net Increase to date = $ 3,554,066.33 At the May 5, 2010 City Council meeting, staff estimated that there were approximately $500,000 in outstanding change orders for this project. The actual figures are detailed, as follows: On June 30, 2010, the City Council approved $296,442.21 in change orders, $136,146.60 of which was a part of the PB Americas ramp design error issue, and therefore paid by them. This reduced the amount of those change orders to actually be paid by the City to $160,295.61. The sum of the change orders brought forward for approval on this date is $77,021.36, which brings the total amount produced to Council to $237,316.97. Deducting this amount from $500,000 leaves a balance of $262,683.03 in change orders that staff projects, but has yet to be substantiated by Security Paving. When confirming information is received, the change orders will be brought to Council for approval. GAGR0UPDAT\ADMINRPT\2010\08-11\Admin Rpt CCO 65-66-78 Fairfax Interchange Project C -.docx Project # T7K021 A ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD AIV5~ DATE: July 26, 2010 CITY ATTORNEY i~g CITY MANAGER SUBJECT: Rescind bid award to Stewart Staffing Support Services, Incorporat d for ixteen 16) Panasonic toughbook mobile data computers for the Police Department. RECOMMENDATION: Staff recommends rescinding award to Stewart Staffing Support Services, Incorporated and re-bidding items. BACKGROUND: On April 21, 2010, Council awarded items totaling $53,993.20 to Stewart Staffing Support Services, Incorporated. A Purchase Order was issued to the successful bidder on April 22, 2010. Despite a stated 21 calendar day delivery date, the vendor has failed to deliver the awarded items. Staff has received several promised delivery dates that have not been fulfilled. The bid cannot be re-awarded to the second bidder from the original bid solicitation because too much time has lapsed and the bids are no longer valid. Staff recommends rescinding the award to Stewart Staffing Support Services, Incorporated and re-bidding the mobile data computers. Purchasing Division SWRMADMINWdmin 10-11\Panasonic Non Touch MDCs for PD, 09-10-54, rescind award, August 11, 2010.docx July 27, 2010, 12:33PM ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: S 5 , TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: July 26, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Jim Burke Ford in the amount of $153,971.58 Torsix replacement four-door police special sedans and $129,682.replacement a dministration sedans for the Police Department. Total $283,654.50. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bids for thirteen (13) four door police sedans. BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing four-door police-special sedans to be used by the Police Department. Four (4) bids were received in response to solicitation. Funds are available in the Equipment Replacement Fund for the purchase of thirteen (13) replacement units. The units that need replacement are all several years old and exceed 100,000 miles of wear and tear. The fleet division staff believes that each of these vehicles has reached their useful life and maintenance costs and/or downtime would escalate dramatically should they remain in service much longer. The four (4) bids received in response to solicitation are as follows: FOUR DOOR FOUR DOOR I BIDDER POLICE SPECIAL POLICE SPECIAL f SEDAN I ADMINISTRATION SEDAN ..Burke Ford~_.___ Jim _ ____._II $21,613.82 I! Bakersfield, CA $21,995.94__ Motors ~_.______w.._.._-_..~.~._.~..-...____..d Colusa, CA $22,846.25 $22,350.47 North County Ford Vista, CA II $22,903.63 i 22,622.18 Wondries Fleet Group Alhambra, CA $23,447.04 587.77 Staff finds the bid submitted by Jim Burke Ford to be acceptable. Purchasing Division SVURMADMINWdmin 10-111Four-Door Police Special Sedans, 10-11-02, August 11, 2010.docx July 26, 2010 A ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: g. , TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ,mil/t5 DATE: July 29 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Jim Burke Ford in the amount of $79,885.20 f thr a (3) replacement super duty cab & chassis (9700 GVW) for the Police Department, Animal Control Unit. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid for cab & chassis. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing super duty cab & chassis to be used by the Animal Control Unit. Nine (9) bids were received in response to solicitation. Funds are available in the Equipment Replacement Fund for the purchase of three (3) replacement units. These units will replace the current Animal Control vehicles using their current animal containment bodies. The cab and chassis are in compliance with the California Air Resources Board diesel emission requirements. The nine (9) bids received in response to solicitation are as follows. BIDDER BID AMOUNT Jim Burke Ford $79,885.20 Bakersfield, CA Galpin Ford $81,372.55 North Hills, CA South Bay Ford $82,081.61 Hawthorne, CA North County Ford $83,418.80 Vista, CA Theodore Robins Ford $87,293.43 Costa Mesa, CA Motor City Commercial Center $89,108.42 Bakersfield, CA Purchasing Division &VURCHWDMINWdmin 10-11\Super Duty Cab & Chassis (9700 GVW), 10-11-04, August 11, 2010.docx July 29, 2010 ADMINISTRATIVE REPORT Reynolds Buick, Inc. $89,273.13 Covina, CA Three Way Chevrolet $94,719.29 Bakersfield, CA Watsonville Fleet Group $106,493.98 Watsonville, CA Staff finds the bid submitted by Jim Burke Ford, Bakersfield, to be acceptable. Purchasing Division S:IPURCHWDMIN1Admin 10-11\Super Duty Cab & Chassis (9700 GVW), 10-11-04, August 11, 2010.docx July 29, 2010 4 ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: July 26, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Golden State Peterbilt in the amount of $963,574.7 f for seven (7) replacement three axle cab and chassis, right hand drive for the Public Works Department, Solid Waste Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid for three axle cab and chassis. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing cab and chassis to be used by the Solid Waste Division. Two (2) bids were received in response to solicitation. Funds are available in the Equipment Replacement Fund for the purchase of seven (7) replacement units. The units to be replaced are over ten years old and have over 100,000 miles of wear and tear. The fleet division staff believes the vehicles have reached their useful lives and maintenance costs and/or downtime would escalate dramatically should they remain in service much longer. The two (2) bids received in response to solicitation are as follows. BIDDER MA OUN Golden State Peterbilt $963,574.73 Bakersfield, CA Central Valley Truck Center $1,038,342.55 Fresno, CA Staff finds the bid submitted by Golden State Peterbilt, Bakersfield, to be acceptable. Purchasing Division S:\PURCH\ADMIN\Admin 10-11\Three axle cab and chassis RH drive, 10-11-01, August 12, 2010.docx July 27, 2010 A ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ,!!!j DATE: July 28, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Gibbs Truck Center in the amount of $143,983.58 or o e (1) replacement Water Truck with 3,000 gallon capacity for the Public Works Department, Streets Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid for one Water Truck. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing water trucks to be used by the Streets Division. Eight (8) bids were received in response to solicitation. A one percent (1 local preference is extended to those businesses located within the City of Bakersfield city limits. The I% Local Preference is based on the amount of local sales tax that will be received by the City of Bakersfield as a result of purchase from a local vendor. The lowest bidder determined after the amount of local sales or use tax that would be received by the City is deducted from the bids. The low bid, after application of the local preference, is Gibbs Truck Center, Bakersfield. Funds are available in the Equipment Replacement Fund for the purchase of one (1) replacement unit. The unit to be replaced has reached its useful life. The new water truck is in compliance with the California Air Resources Board diesel emission requirements. The eight (8) bids received in response to solicitation are as follows. 1 % LOCAL PREFERENCE BIDDER BID AMOUNT ADJUSTED BID AMOUNT Gibbs Truck Center $143,983.58 $142,653.68 3525 Buck Owens Blvd. Bakersfield, CA 93308 (City) Bakersfield Truck Center $143,040.11 8140 Golden State Ave. Bakersfield, CA 93308 (County) Pap6 Kenworth $143,411.77 2900 Gibson St. Bakersfield, CA 93308 (County) Purchasing Division &VURMADMIN1Admin 10-1 Mater truck with 3,000 gallon capacity, 10-11-06, August 11, 2010.doc x July 29, 2010 ADMINISTRATIVE REPORT Golden State Peterbilt $145,379.52 1450 So. Union Ave. Bakersfield, CA 93307 (County) Klein Products, Inc. $148,253.79 P O Box 3700 Ontario, CA 91761 Klein Products of Kansas, Inc. $149,707.92 PO Box 111 Fort Scott, KS 66701 West-Mark $162,020.12 303-B Mt. Vernon Ave. Bakersfield, CA 93307 (County) EM Tharp, Inc. $168,943.38 15243 Road 192 Porterville, CA 93257 Staff finds the bid submitted by Gibbs Truck Center to be acceptable. Purchasing Division &VURMADMINWdmin 10-1 Mater truck with 3,000 gallon capacity, 10-11-06, August 11, 2010.docx July 29, 2010 ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: $ . W TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: July 29, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Gibbs Truck Center in the amount of $172,405.9 for two (2) replacement brush trucks for the Recreation and Parks Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid for brush trucks. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing brush trucks to be used by the Recreation and Parks Department. Six (6) bids were received in response to solicitation. The low bid, $166,108.98 submitted by Bakersfield Truck Center, is based on a Freightliner Truck with a Scelzi body. Bakersfield Truck Center has requested to rescind their bid offer citing a miscommunication of price between themselves and the body manufacturer (Scelzi). Staff has reviewed this request and recommends allowing Bakersfield Truck Center to rescind their bid. Bakersfield Truck Center's alternate proposal based on a Freightliner Truck with a K & H Body is still considered valid and is listed below. Funds are available in the Equipment Replacement Fund for the purchase of two (2) replacement units. These vehicles will replace the current brush trucks that have reached their useful lives. These brush trucks are in compliance with the California Air Resources Board diesel emission requirements. The six (6) bids received in response to solicitation are as follows. BIDDER AMOUNT Bakersfield Truck Center $166,108.98 (vendor rescinded bid) Bakersfield, CA Gibbs Truck Center $172,405.96 Bakersfield, CA Bakersfield Truck Center $174,442.06 Bakersfield, CA Jim Burke Ford $174,517.19 Bakersfield, CA Purchasing Division S:\PURCHWDMINWdmin 10-11\Brush Trucks, 10-11-05, August 11, 2010.docn July 30, 2010 ADMINISTRATIVE REPORT EM Tharp, Inc. $197,580.75 Porferville, CA Golden State Peterbilt $200,922.18 Bakersfield, CA Staff finds the bid submitted by Gibbs Truck Center, Bakersfield, to be acceptable. Purchasing Division S:\PURCH\ADMINWdmin 10-11\13rush Trucks, 10-11-05, August 11, 2010.docx July 30, 2010 OF w Aa ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD -°✓J DATE: August 4, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and award contract to Jim Alfter, Cement Contr for (not to exceed amount of $2,209,172) for the annual contract for concrete construction. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to Bid were sent to over five hundred (500) suppliers on July 15, 2010 for the Annual Contract for concrete construction. Three (3) bids were received in response to this solicitation. The bids solicited were based on a list of concrete services with estimated quantities. In this case, where the City does not intend to split the bid award, the City determines the lowest overall bidder by multiplying the supplier's unit price for each of the items by the estimated number of units for each item. Sufficient funds are available to cover the costs associated with this agreement. The contract award is for a one year period; renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. The three (3) bids received as of the July 28, 2010 bid deadline are listed below. BIDDER AMOUNT Jim Alfter Cement Contractor $2,209,172.00 Bakersfield, CA Terry Bedford Concrete Construction, Inc. $2,578,618.05 Bakersfield, CA Sturgeon & Son Grading & Paving, Inc. $2,945,633.00 Bakersfield, CA On July 29, 2010 the City Clerks office received a public records request from Rodriguez and Associates related to this bid item. The records request included twelve specific document requests, including all documents which refer or relate to any bids submitted by Jim Alfter Cement Contractor from January 1, 2005 to the present. Purchasing Division C:\Users\nsmith\AppData\Local\Temp\XPgrpwise\Admin - for Concrete Construction, August 11, 2010 with prot.docx August 4, 2010, 11:01AM ADMINISTRATIVE REPORT Page 2 - On July 30, 2010 the City Clerks office received a written bid protest regarding this bid item, filed by Rodriguez and Associates on behalf of Terry Bedford Concrete Construction. The bid protest (copy attached) states that: "Terry Bedford believes that the Jim Alfter bid is nonresponsive to the bid specifications and further believes that there are irregularities in the bid submitted by Jim Alfter". The protest letter also requests the Council to continue any decision on this matter to a future date to allow the City to produce the records requested and allow Terry Bedford the opportunity to review the documents. Finance staff has reviewed the bid submittal from Mr. Alfter and we found no irregularities, nor did we identify any nonresponsive issues related to Mr. Alfter's bid submittal. As of 10:30 a.m. on Wednesday, August 04, 2010 the City Clerks office has advised that the requested records were picked up and are now in possession of Rodriguez and Associates. At this point in time staff believes there is no reason to defer this item to a future date, given that Mr. Bedford will have a full week to review the records provided prior to the Council meeting Date of August 11, 2010, at which time he can provide further comment regarding his claims against Mr. Alfter's bid submittal. Staff finds the low bid submitted by Jim Alfter Cement Contractor to be acceptable and recommends award of the contract in the amount of $2,209,172. Purchasing Division C:\Users\nsmfth\AppData\Local\Temp\XPgrpwise\Admin - for Concrete Construction, August 11, 2010 with prot.docx August 4, 2010, 11:01AM BA Q~~wOan,ir~ S U ~ C7 ADMINISTRATIVE REPORT .„,te LIF MEETING DATE: August 11, 2010 AGENDA SECTION: ITEM: a TO: Honorable Mayor and City Council APPROVED FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD DATE: July 27, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Accept proposal and award contract to Zim Industries, Inc. dba Ba rsfiel Well and Pump Company (not to exceed $100,000) for on-call servic s for maintenance and repair of the Olcese Wells. (Ward 4) , RECOMMENDATION: Staff recommends acceptance of proposal and award of contract. BACKGROUND: The City of Bakersfield owns and operates 6 wells and appurtenant equipment known as the City's "Olcese Wells" located in the City's 2800 Acre Recharge Facility. The wells are considered deep wells. All motors are 3-phase General Electric ranging in size from 250 HP to 350 HP. Due to the specialized services needed to keep the wells operating properly, notifications of Request for Qualifications and Fee Proposals (RFQ/P's) were sent to over 300 contractors for the annual agreement of the maintenance and repair of the City's Olcese Wells. Proposals to the RFQ/P were received from two firms; Koffler Electrical Mechanical Apparatus Repair, Inc. did not meet the qualifications stated in the RFQ/P since they did not have a local office. In addition, their proposal had higher hourly rates. Based on the qualifications and Fee Schedule submitted by Zim Industries, Inc., staff recommends acceptance of the proposal. Zim Industries, Inc. has provided timely and quality services on City water wells for the past three years. The agreement is based on time and materials not to exceed $100,000 for a one year period. Sufficient funds are available in the Department's FY 2010-11 Operating Budget to cover the cost for this agreement. The project will be funded with Water Enterprise Funds. AK ~ OFycoevoer~ S~ ADMINISTRATIVE REPORT ~qls MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Greg Williamson, Chief of Police DEPARTMENT HEAD ~ DATE: July 30, 2010 CITY ATTORNEY I CITY MANAGER SUBJECT: Video Surveillance Project 1. Accept bid and approve agreement with Leverage Information Systems, Inc. ($309,908.34) to install and maintain a video surveillance and supporting infrastructure and connectivity system in fifteen (15) specified locations. 2. Appropriate $112,155.00 Seized Asset Forfeiture Revenues to the Police Department Operating Budget in the General Fund to install and maintain a video surveillance and supporting infrastructure and connectivity system in fifteen (15) specified locations. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: This project will enhance public safety by implementing a video surveillance system with cameras and supporting infrastructure installed in 15 strategic locations within the core downtown area (east and west between Union and H Street; north and south between 241h Street and California Avenue). Additional locations may be added in the future as funding becomes available and the need arises. The main monitoring and control for the proposed video system will be located at the Police Department Headquarters building, located in the downtown area at 1601 Truxtun Avenue. The video surveillance enabled by the network will provide real time intelligence, allowing the BPD to move more safely and effectively to prevent crimes or interrupt crimes in progress. 1. On June 28, 2010 the City issued a Request for Proposals (RFP) to potential vendors. Two vendors attended the walk-through of the project. Bids were received from only one vendor: Leverage Information Systems, Inc. Staff finds the bid to be acceptable and recommends approval. 2. Funding for this project will be provided through the following: 2007 CaIGRIP grant ($71,472.00 grant + $71,472.00 asset forfeiture match already appropriated), 0810 JAG/Byrne Congressional Mandate grant ($54,809.34) and asset forfeiture ($112,155.00). db A ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: B. aa, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: August 2, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Quitclaim of Easement on property located in Arvin, California, to Gr' mway Enterprises, Inc., a California corporation. RECOMMENDATION: Staff recommends approval of the quitclaim. BACKGROUND: As a result of a title search, Grimmway discovered that the City of Bakersfield is the record owner of an easement in Arvin, California. It appears that the City obtained the easement as a successor in interest to the Kern Island Canal Company, which was the successor in interest to the East Side Canal Company. The easement was granted back in 1893 by the East Side Canal as part of a plan to construct a canal to deliver water. The canal was never built. Now, Grimmway is the current owner of the property and requesting that the City quitclaim whatever interest it has in the 40 foot wide by quarter mile long easement to clear title to the property. JHR:Isc August 2, 2010, 11:05AM S:\000NCIL\Admins\10-11 Admins\Grimmway.OuitclaimEsmt.doc A VORA ADMINISTRATIVE REPORT c ~tP LIFO MEETING DATE: August 11, 2010 AGENDA SECTION: Consent Calendar ITEM: 0, bb, TO: Honorable Mayor and City Council APPROVED FROM: Steven Teglia, Acting Human Resources Manager`"" DEPARTMENT HEAD DATE: July 21, 2010 CITY ATTORNEY c~ CITY MANAGER SUBJECT: Revised Job Specifications: Water Resources Director #89110 and Water Resources Superintendent #88570 I RECOMMENDATION: Staff recommends approval. BACKGROUND: At the request of Water Resources Manager, the job specifications for Water Resources Director and Water Resources Superintendent, have been reviewed and revised as they were last updated in 2004. Some language was changed and/or added to update the essential job duties and distinguishing characteristics. The job specifications have also been put into a new format for readability. Specifically, the Water Resources Director training and experience has been revised from ten (10) years of progressively responsible experience to five (5) years to ensure equity and consistency internally with City positions, and to better reflect the needed requirement for the desired applicants. Also, the old job specification referenced the Community Services Department and it is now the Water Resources Department. In addition the Water Resources Superintendent position had several minor changes including the substitution of "city water systems" in place of the terms "agricultural and domestic." There is no budgetary impact as the salaries will remain the same. The revised job specifications were presented to the Miscellaneous Civil Service Board and approved at their July 20, 2010 meeting. (mm) S:\Admin Reports - 2010\Adm. Report - Water Resources Director and Water Resources Supt Revisions 07-2010.doc BA OF coaoR,r S ADMINISTRATIVE REPORT !FO MEETING DATE: August 11, 2010 AGENDA SECTION: Hearings ITEM: Cl, TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 13'5%& DATE: July 26, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: A Public Hearing to consider the Resolution ordering the Summ Va ation of various easements over vacated portions of 15th Street, R Street, an alley in Blocks 345 and 346. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request to vacate the Public Utility Easement and Emergency Access Easement located over vacated portions of 15th Street (south half between the Kern Island Canal and S Street); Public Utility Easement located over vacated portions of R Street (between 14th Street and 15th Street); Public Utility Easement over vacated alley located in Block 345, and Block 346 (between the Kern Island Canal and west Right-of-Way of R Street); and Street or Highway Reservation over Parcel A as described in Grant Deed rerecorded June 9, 2010 per Document No. 0210075943. This summary vacation is eligible per Section 8334 of the Streets and Highways Code which authorizes the City Council to summarily vacate excess easements as described above which are not needed for public purposes. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there are City sewer facilities in this area. The existing sewer has been abandoned and re-routed. The utility companies serving the area have been notified by mail. There has been no objection as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacated area. Public Works has received no objections from these owners as of the date of this report. On July 13, 2010 the Planning Department found the proposed summary vacation of various easements over vacated portions of 15th Street, R Street, and alley in Blocks 345 and 346 to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402. July 26, 2010, 11:18:48 AM G:\GROUPDAT\ADMINRPT\2010\08-11 \R ST AND 15TH ST EASEMENT VACATION ADMINISTRATIVE REPORT It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Notice of this public hearing has been duly advertised and posted as required by law. /mm July 26, 2010, 11:18:48 AM G:\GROUPDAT\ADMINRPT\2010\08-11 \R ST AND 15TH ST EASEMENT VACATION CO pR, ADMINISTRATIVE REPORT 10 MEETING DATE: August 11, 2010 AGENDA SECTION: Hearings ITEM: q , b TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 93u DATE: July 26, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: A public hearing to consider the Resolution ordering the vacatlo of t e street and landscape easement on Monica Street, between College AV nue and Highway 184, located in Tract 6642. (Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request to vacate the street and landscape easement on Monica Street, between College Avenue and Highway 184, located in Tract 6642. This portion of Monica Street is being eliminated. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there are no City sewer and storm drain facilities in this area. The utility companies serving the area have been notified by mail. There has been no objection as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacated area. Public Works has received no objections from these owners as of the date of this report. On June 2, 2010 the Planning Department found the proposed vacation of the street and landscape easement on Monica Street, between College Avenue and Highway 184, located in tract 6642 to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402. It was determined that this action Is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1671 declaring Intention to order said proposed vacation was adopted by City Council at the regular meeting of June 30, 2010. Notice of this public hearing has been duly advertised and posted as required by law. /mm July 26, 2009, 10:44:50 AM G\GROUPDAT\ADMINRPT\2010 \08-11 \ADMIN REPORT- MONICA STREET VACATION OFwwwoe.r~ ~ ~ CA ADMINISTRATIVE REPORT 10 MEETING DATE: August 11, 2010 AGENDA SECTION: Hearings ITEM: .G TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD l~- DATE: July 9, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Public Hearing to consider a Resolution amending the Miramo Dr' e-Chase Avenue Planned Major Thoroughfare Area (Ward 3). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: In 2007, the City of Bakersfield adopted the Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area. This Major Thoroughfare Area included as improvements the southerly extension of Miramonte Drive to Chase Avenue and Chase Avenue westerly to the intersection of Comanche Drive, and included bicycle lanes on Comanche Road from SR 178 to Edison Highway. Construction of these improvements was a requirement of the property owner (Arnold Pettit) of Section 23, T.29 S., R.29 E., M.D.M., and the subdivider of Tentative Tracts 6839 through 6844 (GFC Properties LLC). Other properties being developed in the Rio Bravo area have been required to participate or contribute to the cost of construction of this thoroughfare. The Major Thoroughfare Area requires payment of the proportionate share of cost of the road of all undeveloped properties within the benefited area upon their development. Subsequent to the formation of this district, the County of Kern completed improvements on Comanche Road, effectively constructing the bicycle lanes that were a requirement of the development of Section 23. The cost estimate and fee schedule have been amended to remove this cost from the district, lowering the cost per acre for the Major Thoroughfare Area. Resolution of Intention No. 1670, to consider amending the Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area, was adopted by City Council at the regular meeting of July 21, 2010. This resolution preliminarily approved the revised cost of the improvements and the fee schedule. The resolution also set a hearing for August 11, 2010. 1. The hearing is in regard to the adoption of the amendment to the Miramonte Drive- Chase Avenue Planned Major Thoroughfare Area. 2. The Resolution Adopts the Amended Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area. As of the date of this administrative report, no protest letters from the affected property owners have been received. mps G:\GR0UPDAT\ADMINRPT\2010\08-1 Miramonte-Chase Amend Adopt.docx A U c ADMINISTRATIVE REPORT FO MEETING DATE: August 11, 2010 AGENDA SECTION: Hearings ITEM: C) . TO: Honorable Mayor and City Council APPROVED FROM: Jim Eggert, Planning Director DEPARTMENT HEAD AfL~ ~0 -A'12 DATE: July 16, 2010 CITY ATTORNEY CITY MANAGE SUBJECT: General Plan Amendment/Zone Change 10-0045. (Ward 7) Max P. Bacerra & Associates, representing Samir & Anu Mohan and Panama Buena Vista School District, the property owners, has applied for a general plan amendment and zone change on 16.04 acres generally located along the east side of Stine Road, generally between McKee Road and Taff Highway. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from SR (Suburban Residential) to HMR (High Medium Density Residential) on 4.78 acres. 2. First reading of ordinance approving the Negative Declaration and amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code from A (Agriculture) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 4.78-acres and from A (Agriculture) to R-1 (One Family Dwelling) on 11.26-acres. RECOMMENDATION: Staff recommends adoption of a resolution approving a Negative Declaration, approving the proposed general plan amendment, and first reading of the ordinance. BACKGROUND: The proposed project includes three parcels of land within the unincorporated boundaries of the County of Kern, located along the east side of Stine Road, generally between McKee Road and Taff Highway. The applicant proposes amendments to the Metropolitan Bakersfield General Plan Land Use Element to change the land use designation from SR to HMR on 4.78- acres and a concurrent zone change from A to R-2/PUD on the same 4.78-acres. The project site is undeveloped and the applicant is proposing development of a 60 unit apartment complex. The rezoning also Includes a PUD (Planned Unit Development) combining zone. Approval of the development plans are not being proposed at this time. However, all future PUD plans will require public review and approval by the Planning Commission prior to development. ADMINISTRATIVE REPORT Page 2 Also proposed is a zone change from A to R-1 of an adjacent 11.26-acres parcel to the south. The 11.26 acre property Is fully developed with the Panama Elementary School and bus/storage facility. The Panama Elementary School District Is requesting a change in zoning to be consistent with the existing land use designation. The project site is located within a county area in southwest Bakersfield. Urban development has occurred in the project vicinity. Surrounding development consists of single family housing to the north, east and west. The property owners have submitted written requests to annex their property to the City of Bakersfield (known as Annexations 624 & 627). Approval of these annexations will eliminate the existing county area between the project site and Taft Highway. The Planning Commission conducted a public hearing regarding this General Plan Amendment and Zone Change on June 17, 2010, and recommended approval to the City Council. No Individuals or agencies present at the hearing opposed the request 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 24, 2010, in accordance with CEQA. JE:dl S:\GPAs\GPA2nd 2010\10-0045\Adm1n SR\Admin Report 10-0045.doc EA ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Hearings ITEM: q, e, TO: Honorable Mayor and City Council APPROVED FROM: Jim Eggert, Planning Director DEPARTMENT HEAD DATE: July 8, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: General Plan Amendment/Zone Change 10-0157. (Ward 6) MSW Architectural & Engineering, Inc., representing Moran Development, the property owner, has applied for a general plan amendment and zone change to modify four conditions of approval previously approved for GPA/ZC 06-0463, located along the south side of Berkshire Road, generally west of Ashe Road. 1. Resolution approving a Notice of Exemption and adopting the general plan amendment to modify four conditions of approval for GPA 06-0463. 2. First reading of ordinance approving a Notice of Exemption and approving the amendment to Title 17 of the Bakersfield Municipal Code by modifying four conditions of approval for ZC 06-0463. RECOMMENDATION: Staff recommends adoption of a resolution approving a Notice of Exemption, approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: The 78.33-acre project site Is located along the south side of Berkshire Road, west of Ashe Road and north of McCutchen Road. In 2006, the property owner submitted GPA/ZC 06-0463 requesting a change In the land use and zoning from agriculture to urba es. The Bakersfield City Council approved the changes on November 15, 2006 (by R lution 297-06) and zoning on December 13, 2006 (by Ordinance 4403). No development as occurred on the project site. The applicant is requesting approval of a general plan amendment/zone change (GPA/ZC 10-0157) to modify four conditions of approval previously approved for GPA/ZC 06-0463. Specifically, the proponent is requesting to modify conditions 5a, 7, 8 and 11 to allow certain offsite Improvements to be phased with the phasing of development and for median fees on the arterial frontage of the property to be apportioned between phases. Approval of GPA/ZC 10-0157 does not eliminate any of the offsite Improvement requirements as conditioned In the previously approved GPA/ZC 06-0463; It will merely allow construction and/or cost of the improvements to be completed relative to each phase of development. ADMINISTRATIVE REPORT Page2 This Is consistent with past practice by the city as development occurs. The Public Works Department also concurs with the revised language. The Planning Commission conducted a public hearing regarding this General Plan Amendment and Zone Change on June 17, 2010, and recommended approval to the City Council. No public agency or person from the public spoke in opposition of the proposed request. Significant environmental Impacts were not Identified with the project proposal; therefore, a Notice of Exemption was prepared by staff for the project site. The Notice of Exemption was prepared on May 24, 2010 In accordance with CEQA. JE:dI S:\GPAs\GPA 2nd 2010\10-0157\AdminSRWdmin Report 09-0604.doc A ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Closed Session ITEM: I p . pl TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD 1/4;- DATE: July 23, 2010 CITY ATTORNEY I/ CITY MANAGER OK SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (One case). • Sierra Club v. City of Bakersfield, Canyons, LLC KCSC Case No. S-1500-CV-268547 KCT VGAsc S:\COUNCIL\CI Sess\Admins\ 10-1 1 \8-1 1-1 ObdstLit.doc A ADMINISTRATIVE REPORT MEETING DATE August I 'l, 2010 AGENDA SECTION: Closed Session ITEM: 10-b. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: July 29, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Conference with Labor Negotiator pursuant to Government Code sec Ion 54957.6. VG:Isc S:\COUNCIL\CI Sess\Admins\10-1 1\8-1 1-1 OLaborNeg.doc A ADMINISTRATIVE REPORT MEETING DATE: August 11, 2010 AGENDA SECTION: Hearings ITEM: I a. q, , TO: Honorable Mayor and City Council APPROVED FROM: Jim Eggert, Planning Director DEPARTMENT HEAD --gr DATE: July 16, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: General Plan Amendment/Zone Change 06-2247 (Saco Ranch) rd 4 Upon Annexation) McIntosh & Associates, representing Bidart Bros., the property owner as applied for a general plan amendment and zone change on approxima ly 323 acres, generally located southeast and southwest of the intersection of Coffee Road and Seventh Standard Road. 1. Resolution making findings in accordance with Sections 15091 and 15093 of the State CEQA Guidelines, adopting a statement of overriding considerations, a mitigation monitoring program and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 06-2247. 2. Resolution adopting the general plan amendment changing the land use designations from SR (Suburban Residential), LR (Low Density Residential), SI (Service Industrial), and LI (Light Industrial) to GC (General Commercial) on approximately 165.96 acres, as depicted in Exhibit B attached to the resolution, with conditions of approval. 3. First reading of ordinance amending Title 17 of the Municipal Code from Kern County Zone Districts A (Exclusive Agriculture), M-2 PD (Medium Industrial - Precise Development) and R-1 (Low Density Residential) to City of Bakersfield Zone District: C-2/PCD (Regional Commercial/Planned Commercial Development), C-O/PCD (Professional and Administrative Office/Planned Commercial Development) and M-2 (General Manufacturing) on approximately 323.71 acres, as depicted in the attached Exhibit B and more thoroughly described In Exhibit F attached to the ordinance, with conditions of approval. RECOMMENDATION: Staff recommends adoption of resolutions certifying the Environmental Impact Report, approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: The project would allow for approximately 1,459,500 square feet of retail commercial on 165.96 acres of C-2/PCD (Regional Commercial/Planned Commercial Development), 332,000 square F A ADMINISTRATIVE REPORT C ~ u feet of office uses on 30.52 acres of C-O/PCD (Professional and Administrative Office/Planned Commercial Development), and 1,376,496 square feet of Industrial on 127.23 acres of M-2 (General Manufacturing). The proposal also Includes annexation of the project site Into the City of Bakersfield. The proposed project Is anticipated to commence in late 2011 and be completed in four phases, with project buildout projected for 2030. The first phase, located on the west side of Coffee Road, will Include a community retail center on approximately 66 acres containing 620,300 square feet of retail stores, restaurants, and a movie theater. Phase 2, on the east side of Coffee Road, will Include 794,000 square feet of retail, plus 45,200 square feet of garden sales area on 78.5 acres. The last two phases will Include commercial office and light industrial uses. The CEQA requirements have been followed by staff and the Planning Commission for the project. Staff conducted an initial study and it was determined that the project could have a significant environmental effect. Therefore, in accordance with CEQA, an Environmental Impact Report (EIR) was prepared. The Planning Commission and staff conducted several hearings on the EIR, including a public scoping meeting on October 24, 2007, an adequacy hearing to receive comments on the Draft EIR on April 1, 2010, and a hearing on the Final EIR on June 17, 2010. The Planning Commission conducted a public hearing on this general plan amendment/ zone change on June 17, 2010, and recommended approval to the City Council. No individuals spoke in opposition, although written comments addressing the EIR were submitted by the Sierra Club. The applicant submitted responses to the Sierra Club comments. All correspondence submitted after the completion of the Final EIR can be found in the backup materials. Mitigation measures recommended as part of project approval address land use and zoning; agriculture; public health and safety; aesthetics, light and glare; traffic and circulation; noise; air quality; biological resources; cultural resources; public services and utilities; geologic and seismic hazards; and hydrology and water quality. The Impacts to urban decay were found to be less than significant and did not require mitigation measures. The applicant has agreed to all conditions and mitigation for the project. Despite compliance with local ordinances, state laws, mitigation measures Incorporated Into the project as -conditions of approval, and construction in accordance with the uniform building codes, cumulative traffic and noise Impacts would remain significant. Staff and the Planning Commission recommend certification of the Final EIR and accompanying mitigation monitoring and reporting program, adoption of CEQA findings, and a statement of overriding considerations as required pursuant to State CEQA Guidelines Sections 15091 and 15093. CG - S:\GPAs\GPA 2nd 2010\EIR 06-2247 (Saco Ranch EIR)\Staff Reports\Admin Report,docx A ADMINISTRATIVE REPORT r MEETING DATE: August 11, 2010 AGENDA SECTION: Hearings ITEM: Ia, b . TO: Honorable Mayor and City Council APPROVED FROM: Jim Eggert, Planning Director DEPARTMENT HEAD DATE: July 16, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: General Plan Amendment/Zone Change No. 06-1877 (Bakersfi 4om s) ( Wards 2 and 4) Coffee-Brimhall, LLC c/o Latham & Watkins LLP, representing World Oil Corporation the property owner, has applied for a general plan amendment and zone change on approximately 255 acres, located east and west of Coffee Road, north of Brimhall Road, and approximately 1/2-mile south of Rosedale Highway. 1. Resolution making findings In accordance with Sections 15091 and 15093 of the State CEQA Guidelines, adopting a statement of overriding considerations, a mitigation monitoring program and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 06-1877. 2. Resolution adopting the general plan amendment changing the land use designations from GC (General Commercial), LI (Light Industrial), HI (Heavy Industrial), LR (Low Density Residential), PS (Public and Private Schools), and OS-P (Parks and Recreation Facilities), to GC (General Commercial), MUC (Mixed-Use Commercial), and HMR (High Medium Density Residential) on approximately 236 acres, as depicted in Exhibit B attached to the resolution, with conditions of approval. 3. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code from R-1 (One Family Dwelling), C-2 (Regional Commercial), OS (Open Space), M-1 (Light Manufacturing), and M-2 (General Manufacturing) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development), C-C/PCD (Commercial Center/Planned Commercial Development), and C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately 236 acres, as depicted in the attached Exhibit B and more thoroughly described in Exhibit F attached to the ordinance, with conditions of approval. RECOMMENDATION: Staff recommends adoption of resolutions certifying the Environmental Impact Report and approving the proposed general plan amendment, and first reading of the ordinance. A ADMINISTRATIVE REPORT BACKGROUND: The project would allow for the development of 1,400,000 square feet for retail commercial on C-2/PCD (Regional Commercial/Planned Commercial Development) and 600,000 square feet for office commercial on C-C/PCD (Regional Commercial/Planned Commercial Development) on a combination of 67 and 144 acres, respectively. The proposal also includes development of 345 multi-family dwelling units on the R-3/PUD (Multiple Famlly Dwelling - Planned Unit Development) zoned 24 acres and 80 single-family dwelling units on the R-1 (One Family Dwelling) zoned 19 acres. Additionally, approximately 20 acres of C-C/PCD (Commercial Center /Planned Commercial Development) land will be reserved to accommodate an existing overhead electrical transmission corridor and drainage area. The proposed project site is anticipated to be developed in three distinct phases. Phase 1 will include a retail/office mixed use center on approximately 105 acres that will contain approximately 730,000 square feet of retail stores and restaurants, a 70,000 square-foot movie theater, and approximately 200,000 square feet of office space, along the east and west sides of Coffee Road. This phase is projected to be complete by 2015. Phase 2 will Include the expansion to the retail/office mixed use center on an additional 85 acres containing approximately 600,000 square feet of retail stores and restaurants, and approximately 200,000 square feet of office space, east and west of Coffee Road. This phase is projected to be complete between 2025 and 2035 Phase 3 will consist of 345 multi-famlly dwelling units on 24 acres, 80 single-family dwelling units on 19 acres, and the expansion of the retail/office mixed use center on another 22 acres containing approximately 200,000 square feet of office space, at the western portion of the project site. This phase is projected to be complete by the year 2035. All CEQA requirements have been followed by staff and the Planning Commission for the project. Staff conducted an initial study and it was determined that the project would have a significant environmental effect. Therefore, In accordance with CEQA, an Environmental Impact Report (EIR) was prepared. The Planning Commission and staff conducted several hearings on the EIR including a public scoping meeting on April 24, 2007, an adequacy hearing to receive comments on the Draft EIR on March 18, 2010, and a hearing on the Final EIR on July 1, 2010. The Planning Commission conducted a public hearing on this general plan amendment/ zone change on July 1, 2010, and recommended approval to the City Council. No Individuals spoke in opposition, although written comments addressing the EIR were submitted by the Sierra Club. The applicant submitted. responses to the Sierra Club comments. All correspondence submitted after the completion of the Final EIR can be found in the backup materials. Mitigation measures recommended as part of project approval address transportation and traffic; aesthetics, light and glare; geology and soils; hydrology and water quality; hazards and hazardous materials; mineral resources; biological resources; cultural resources, air quality; noise; public services; utilities and service systems. The Impacts to urban decay, population & A ADMINISTRATIVE REPORT ~+'~++ar w housing, and land use were found to be less than significant and did not require mitigation measures, The applicant agreed to all conditions and mitigation for the project. Despite compliance with local ordinances, state laws, mitigation measures Incorporated into the project as conditions of approval, and construction in accordance with the uniform building codes, project and cumulative air, traffic and noise impacts would remain significant. Staff and the Planning Commission recommend certification of the Final EIR and accompanying mitigation monitoring and reporting program and the adoption of CEQA findings and a statement of overriding considerations as required pursuant to State CEQA Guidelines Sections 15091 and 15093, KS - S:\GPAs\GPA 3rd 2009\06-1877 (Bakersfield Common EIR)\CC\Admin Report,docx BA E o~ ow,BAKERSFIELD CITY COUNCIL *4 MINUTES w 0. MEETING OF JULY 21, 2010 c~L1F 0 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, Couch, Sullivan Absent: Councilmember Hanson 2. INVOCATION by Chaplain Angelo Frazier, Bakersfield Rescue Mission. 3. PLEDGE OF ALLEGIANCE by Erik Tarango, 5," grade student, home schooled. 4. PRESENTATIONS a. Presentation by Mayor Hall of retirement plaque and gift certificate to John W. Stinson. Mayor Hall presented the plaque, gift certificate and a Proclamation to Mr. Stinson. Mr. Stinson thanked Mayor Hall for the presentation and made comments. 5. PUBLIC STATEMENTS a. Zachary Griffin, representing Bike Bakersfield, spoke regarding having the Community Services Committee review the recommendation for a bicycling and pedestrian oriented transportation infrastructure. Counciimember Sullivan referred this matter to the Community Services Committee for an update and communication. b. Marvin Dean spoke regarding Consent Calendar items 8.m.1., 8.dd., 8.kk., and 8.11. Bakersfield, California, July 21, 2010 - Page 2 5. PUBLIC STATEMENTS continued ACTION TAKEN C. Stefan Lambert, representing the Bakersfield Community Service Action Committee and the Initiative for a Sensitivity Committee, spoke regarding Phase 4 of the Initiative. 6. WORKSHOPS a. Update on Thomas Roads Improvement Program (TRIP) Projects. Public Works Director Rojas made a power point presentation. Councllmember Weir asked staff to e-mail him information regarding when the off-ramp project for the Fairfax Road alignment was awarded and the length of time it will take to complete. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 30, 2010 Regular City Council Meeting. Payments: b. Approval of department payments from ABS COUCH June 18, 2010 to July 7, 2010 in the amount of $16,098,384.95 and self-insurance payments from June 18, 2010 to July 7, 2010 in the amount of $1,141,344.19. Ordinances: C. First Reading of Ordinance adding Section FR 17.04.358 and amending Chapter 17.61 of the Municipal Code related to water conservation and efficiency requirements to landscape standards. d. Adoption of Ordinance amending Municipal ORD 4622 Code Section 1. 12.050 by adding Annexation No. 520 consisting of 31.53 acres located at the southwest corner of Gosford Road and McCutchen Road to Ward 5. (FR 06/30/10) Bakersfield, California, July 21, 2010 - Page 3 8. CONSENT CALENDAR continued ACTION TAKEN Resolutions: e. Resolution confirming approval by the Assistant RES 083-10 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. f. Resolution authorizing the Police Department to RES 084-10 apply for the Edward Byrne Memorial Justice Assistance Grant ($203,793) from the U. S. Department of Justice to reduce crime and improve public safety. g. Resolution delegating authority to the Risk RES 085-10 Manager to act on behalf of the City regarding matters between the City and The California State Association of Counties-Excess Insurance Authority (CSAC-EIA). RES 086-10 h. Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2010-11 ($230,077) for the maintenance of the Amtrak Station during said fiscal year. i. Resolution of Intention No. 1670 to amend the 80/1670 Miramonte Drive-Chase Avenue Planned Major Thoroughfare Area and preliminarily approving the revised cost and fee schedule. j. Resolution of Intention No. 1673 to order the 8011673 vacation of the Waiver of Direct Access along Parcel 1 of Parcel Map 10898 on Coffee Road. Agreements: k. Improvement Agreements: 1. Agreement with Brundage Properties, AGR 10-094 LLC for Parcel Map 11802 located east of Mt. Vernon Avenue and south of E. Brundage Lane. Bakersfield, California, July 21, 2010 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.k. continued 2. Agreement with K. Hovnanian at AGR 10-095 Bakersfield 463, LLC for a street permit to construct Bedford Green,'/2 width from Highland Knolls to SR 178. 1. Assignment Agreement with Bakersfield AGR 10-096 Redevelopment Agency for use of HOME Funds ($1,300,000) for housing project located at 501 19th Street. M. Real property acquisition for future Hosking Road and State Highway 99 Interchange: 1. Agreement with 2310 Hosking Rd., LLC AGR 10-097 ($1,000,000) for the purchase of real DEED 7326 property located at the northwest corner of Hosking Rd. and State Hwy. 99. 2. Appropriate $1,000,000 Transportation Development Fund balance to the Public Works Department Capital Improvement Budget. n. Amendment No. 4 to Agreement No. 06-219 AGR 06.219(4) with Ameripride Uniform Services (no increase; extends term 1 year) for industrial laundry service. o. Auctioneer Services: AGR 07-228(3) 1. Amendment No. 3 to Agreement No. 07-228 with Tri-State Auction Systems, Inc. (extending term to July 17, 2011) for auctioneer services. 2. Amendment No. 3 to Agreement AGR 07-229(3) No. 07-229 with Quality Team, Inc. (extending term to July 17, 2011) for auctioneer services. P. Amendment No. 1 to Agreement No. 09-136 AGR 09-136(1) with Bakersfield Community House ($31,023 CDBG Funds) to paint exterior of the building at 2020 R Street. Bakersfield, California, July 21, 2010 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN q. Amendment No. 1 to Agreement No. 10-056 AGR 10-056(1) with Crider Construction, Inc. ($55,000; revised not to exceed $135,000) for welding, fabrication and general construction work at Wastewater Treatment Plants 2 and 3. r. Amendment No. 1 to Agreement No. 08-044 AGR 08-044(1) with Meyer Civil Engineering, Inc. ($28,000; ABS COUCH revised not to exceed $628,330) to provide additional design consultant services for the Mill Creek Linear Park Project. S. Amendment No. 4 to Agreement No. 07-416 AGR 07-416(4) with Krazan & Associates, Inc. ($50,000; revised not to exceed $789,628.75) for material testing services for various construction projects, Calendar Years 2008 and 2009. t. 24th Street Improvement Projects (TRIP): 1. Amendment No. 1 to Agreement AGR 07-224(1) No. 07-224 with RBF Consulting ($632,467; revised not to exceed $2,490,659) for engineering design services for the 24th Street Widening Project. 2. Amendment No. 1 to Agreement AGR 07-225(1) No. 07-225 with RBF Consulting ($498,522; revised not to exceed $2,012,321) for engineering design services for the Oak and 24th Street Improvement Project. U. Wastewater Treatment Plant No. 3 - 2007 Expansion Project: 1. Amendment No. 8 to Agreement AGR 04-214(8) No. 04-214 with Parsons Water and Infrastructure ($45,740; revised not to exceed $17,749,467) for additional design services on the arterial roads adjacent to the Wastewater Treatment Plant No. 3 Expansion Project. Bakersfield, California, July 21, 2010 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.u. continued 2. Transfer $45,740 from a budgeted Capital Improvement Project (Wastewater Treatment Plant No. 3 Arterial Roads) to another Capital Improvement Project (Wastewater Treatment Plant No. 3 Expansion Project) within the Sewer Enterprise Fund to fund this amendment. AGR 08-179(3) V. Amendment No. 3 to Agreement No. 08-179 with Sungard Public Sector, Inc. ($168,436.74) for service support of licensed software. W. Amendment No. 1 to Agreement No. 09-087 AGR 09-087(1) with CompuCom Systems, Inc. ($215,385.20) to provide Microsoft Licenses for 1029 computers. X. Contract Change Order No. 2 to Agreement AGR 10-044 No. 10-044 with Granite Construction Co. 0002 ($50,229.73; revised not to exceed $1,528,565.73) for the Pavement Rehabilitation Phase 5: Coffee Road - Friant Kern Canal to Riverlakes Drive/Meany Avenue; Coffee Road - Olive Drive to Norris Road (Northbound Only) Project. Y. Sports Village Phase 1: 1. Contract Change Order Nos. 4 & 5 to AGR 09-121 Agreement No. 09-121 with Klassen 0004, 0005 Corp. ($120,278.57; revised not to exceed $6,821,297.57) for the project. 2. Appropriate $95,000 Park Development Fund balance to the Recreation and Parks Department Capital Improvement Budget (Zone 1). Bids: Z. Accept bid and approve contract with AGR 10-098 Innovative, Inc. ($77,790.80) for Median Construction: Mt. Vernon Avenue, SR 178 to Columbus Street Project. Bakersfield, California, July 21, 2010 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN aa. Greystone Neighborhood Park: 1. Accept base bid plus additive alternate AGR 10-099 Nos. 1 & 2 and approve contract with S.C. Anderson, Inc. ($1,839,000) for the Project. 2. Appropriate $1,000,000 Park Development Fund balance to the Recreation and Parks Department Capital Improvement Budget (Zone 1). bb. Traffic signal and lighting system installation at the intersection of Akers Road and Pacheco Road: 1. Accept bid and approve contract with AGR 10-100 A-C Electric Co. ($107,486) for project. 2. Appropriate $60,000 Transportation Development Fund balance to the Public Works Department Capital Improvement Budget. CC. Furnish and install diesel particulate filters on 14 refuse trucks: 1. Accept bids and approve contracts AGR 10-101 ($190,368.17) with Ironman Parts & AGR 10-102 Services ($137,770) and Diesel Exhaust & Emissions, LLC ($52,598.17). 2. Appropriate and transfer $191,000 Refuse Fund balance to the Public Works Department Operating Budget within the Equipment Management Fund. dd. Southwest Hangar Area Development at Municipal Airport Project: 1. Approve Grant Agreement with Federal AGR 10-103 Aviation Administration ($791,897) for hangar area development. 2. Accept bid and approve contract with AGR 10-104 T.D. Whitton Construction, Inc. ($725,866.13) for construction of Base Bid and Additive Alternate 1 elements for Project. Bakersfield, California, July 21, 2010 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN ee. Accept bid and approve contract with AGR 10-105 Sandoval Construction & Excavation, Inc. ($143,166.24) for construction of Base Bid and Additive Alternate 1 elements for the Sewer and Water Improvements Southwest Hangar Area Development at Municipal Airport Project. ff. Accept bid and approve annual contract with AGR 10-106 Toter, Inc. ($542,224.25) for trash carts. gg. Accept bid and approve annual contract with AGR 10-107 Kern Sprinkler Landscaping, Inc. (not to exceed $224,648.25) for on-call irrigation and landscape services. Miscellaneous: hh. Appropriate contributions from Bakersfield Foundation totaling $1,100 to the Recreation and Parks Department Operating Budget within the General Fund for the Build-a-Bike Program provided at the Dr. Martin Luther King, Jr. Community Center. ii. Appropriate $500 contribution from Jim Burke Education Foundation to the Recreation and Parks Department Operating Budget within the General Fund for After School Programs at Dr. Martin Luther King, Jr. Community Center. jj. Appropriate $75,255 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Development Services Operating Budget in the General Fund. kk. Appropriate $10,847,200 California Department of Housing and Community Development Infill Infrastructure Grant Program funds to the Economic Development Capital Improvement Budget within the Prop 1 C (IIG) - Mill Creek Fund for the Southeast Bakersfield and Old Town Kern-Pioneer Redevelopment Project Areas. Bakersfield, California, July 21, 2010 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN ll. Department of Housing & Urban Development (HUD), Community Development Block Grant Action Plan Amendment No. 1 (FY 10/11). 1. Transfer $223,684 CDBG Grant Fund Operating Budget for the Clearance and Demolition Program and to the Non-Departmental Debt Service Budget for the Section 108 Loan Repayment. City Clerk Gafford announced there are corrections to items 8.u. and 8.11. to include budget transfers. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer, on item 8.b. and 8.r. Motion by Vice-Mayor Scrivner to adopt Consent APPROVED Calendar items 8.a. through 8.11. AB HANSON 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Public Hearing to consider Resolution ordering the vacation of the 40" pedestrian easement located at the south end of Morocco Court, as dedicated on the Final Map for Tract 4624. Staff recommends adoption of resolution. City Clerk Gafford announced correspondence was received from Scott Rosenlieb revoking his opposition to the vacation. Public Works Director Rojas made staff comments. Hearing opened at 6:05 p.m. Marvin Dean and Virginia Martinez spoke in support of the staff recommendation. Hearing closed at 6:07 p.m. Motion by Councilmember Weir to adopt the APPROVED Resolution. AB HANSON Bakersfield, California, July 21, 2010 - Page 10 11. REPORTS ACTION TAKEN 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS Councilmember Benham asked staff to check on a vacant lot on the northwest corner of 34th Street and Jewett where yard sales are being conducted to determined if it is against the law and, If so, It needs to be cleaned up. Councilmember Sullivan commended the improvements on Stockdale Highway near New Stine. Councilmember Sullivan asked staff to check on the watering schedule at Patriots Park, which Is currently taking place during the afternoon and may not be the proper time of day, and also check on the condition of the tall trees on the southeast side that are not being watered at all. Councilmember Sullivan referred to Legislative and Litigation Committee the issue of barking dogs and review the options available to deal with this problem. Councilmember Sullivan asked staff to talk to CalTrans about watering the landscaping which is dying on both sides of the freeway between Ming and California avenues. Councilmember Sullivan expressed her concerns about the litter on the freeways and encouraged people to cover their loads when going to the landfill and not throw litter out of their cars. Councilmember Carson asked staff to provide information to a constituent on Western Drive regarding the PG&E franchise surcharge. Councilmember Carson asked staff to provide thank you letters for those who made donations for the Martin Luther King Center. Bakersfield, California, July 21, 2010 - Page 11 14. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Carson mentioned that the opening for Mill Creek on California Avenue was well attended and it would be a good idea to have a job fair for people who live in the area. Councilmember Carson asked staff to provide how many local minority contractors were utilized for the Section 3 project on Union Avenue. Councilmember Carson asked staff to provide a progress report on the Friendship House. In response to a question by Councilmember Carson, Mayor Hall advised he sends letters of appreciation for donations sent through the Bakersfield Foundation whenever he is informed by staff. Councilmember Couch asked that the meeting be adjourned in memory of Planning Commissioner Tom McGinnis, who passed away earlier in the week. 15. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for Mohamad Harb, et al. v. City - KCSC Case No. S-1500-CV-265887-SPC. Motion by Vice-Mayor Scrivner to adjourn to Closed APPROVED Session at 6:19 p.m. AB HANSON Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 7:42 p.m. AB HANSON RECONVENED MEETING AT 7:44 p.m. 16. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing NO REPORTABLE Litigation; Closed Session pursuant to ACTION subdivision (a) of Government Code Section 54956.9 for Mohamad Harb, et al. v. City - KCSC Case No. S-1500-CV-265887-SPC. Bakersfield, California, July 21, 2010 - Page 12 17. ADJOURNMENT ACTION TAKEN Vice-Mayor Scrivner adjourned the meeting in memory of Tom McGinnis at 6:46 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield