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HomeMy WebLinkAbout11/17/10_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MEETING OF NOVEMBER 1.7, 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 Rabbi Cheryl Rosenstein, Temple Beth El. 3. PLEDGE OF ALLEGIANCE by Jocelyn and Jacqueline Sala, Pre-K and 2nd grade students at St. Francis School. 4. WORKSHOPS 5. PRESENTATIONS a. Presentation by Caryn Claiborne, Human Resources Analyst II to department winners of the 2010 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City. b. Presentation by Mayor Hall of Proclamation to Matthew Constantine, Kern County Public Health Director, declaring November 17, 2010, Smokeout Day. C. Presentation by Mayor Hall of keys to the City to Councilmembers Irma Carson and Zack Scrivner. 6. PUBLIC STATEMENTS APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 3, 2010 Regular City Council Meeting. Payments: b. Approval of department payments from October 22, 2010 to November 4, 2010 in the amount of $10,280,796.06 and self-insurance payments from October 22, 2010 to November 4, 2010 in the amount of $190,659.44. Ordinances: (Ward 6) c. First Reading of Ordinance approving a zone change from P.C.D. (Planned Commercial Development) to C-2/P.C.D. (Regional Commercial/Planned Commercial Development) on approximately 5.14 acres located at 5001 Ming Avenue. (ZC No. 10-0395) (G.C. Corporation) 8. CONSENT CALENDAR continued d. Adoption of the following Ordinances (FR 11103110): 1. Amending Section 2,84.570 relating employee sick leave payment. 2. Amending Section 8.32.060 relating to solid waste billing. 3. Amending Section 12,16.150 relating to construction work in streets. 4. Amending Section 14,04.240 relating to water service connections. 5. Amending Sections 16.16.050 and 16.16.060 relating to tentative maps, 6. Amending Section 16.32.060 relating to tract map improvements. 7. Amending Section 17.71.020 relating to outdoor lighting. e. Adoption of Ordinance amending Chapter 15.65 of the Municipal Code relating to the Fire Code. (FR 11/03/10) f, Adoption of Ordinance amending Sections 15.04, 15.05, 15.07, 15.09, 15.11, 15.13, 15.15 and adding Sections 15.17 and 15.19 of the Building and Construction Codes, specifically the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code and California Green Building Code. (FR 11103110) Resolutions: (Ward 1-5,7) g. Resolution amending the official list of designated speed zones, pursuant to Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal Code. h. 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 authorize collection of the assessments by the Kern County Tax Collector. (Ward 4) i. Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 623 consisting of 1,597,73 acres generally located on the west side of Santa Fe Way between Seventh Standard Road and Kratzmeyer Road, east of Greeley Road (future alignment). (Ward 4) j. Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 625 consisting of 793.26 acres located west of Renfro Road between Kratzmeyer Road and Reina Road, east of Nord Avenue, k. Amendment No, 1 to Resolution No. 088-10 approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Government Code Section 34090, et. seq. (Public Works Department) (Ward 1) I. Resolution of Intention No. 1680 to add territory, Area 5-60 (2213 & 2217 Coy Avenue) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public works Director's Report. Agreements: (Ward 4) M. Final Tract Map and Improvement Agreement with Symbolic Investment & Operating Co., LLC for Tract 6364 Phase 1 located east of Renfro Road and south of Kratzmeyer Road. 2 City Council Meeting of 11 /17/2010 8. CONSENT CALENDAR continued (Ward 2) n. Memorandum of Understanding with Kern Council of Governments for conceptual planning and visualization activities for areas surrounding the proposed location(s) of the Bakersfield High Speed Rail terminal. (Ward 4) o. Amendment No. 2 to Agreement No. 05-429 with Bright House Networks ($500,000) extending the license and naming rights for the Amphitheatre at The Park at River Walk. P. Amendment No. 1 to Agreement No. 09-016 with Littler Mendelson ($25,000; revised not to exceed $65,000) to provide outside legal services in the matter of Bakersfield Police Officers' Association v. City. (Ward 1,6) q. Amendment No. 2 to Agreement No. 08-208 with Precision Fertilizer Spreading (no increase and extend term one year) for hauling and spreading biosolids. Bids: (Ward 1-4,7) r. Reject all bids for Install Traffic Signal Interconnect - Part 8 Project. (Ward 6) s. Reject all bids for piping materials and butterfly valves for the Stine Road Finished Water Pipeline Project. (Ward 2,3) t. Accept bid and approve contract with West Coast Structures, Inc. ($282,712.97) for bridge rehabilitation projects: Manor Street at Carrier Canal and Union Avenue Overhead at UPRR. (Ward 3) U. City in the Hills Park Project: 1. Accept Base Bid only and approve contract with Elite Landscaping, Inc. ($1,598,000) for the project. 2. Appropriate $597,200 Park Development Fees to the Recreation and Parks Department Capital Improvement budget within the Park Improvement Fund (Lone 3). (Ward 6) v. Accept bid and approve contract with Hercules, Inc. (Ashland) ($540,276.83) to supply dewatering polymers for Wastewater Treatment Plant No. 3. W. Accept bids and approve annual contracts with Falcon Fuels, Inc. ($1,824,000) and Valley Pacific Petroleum Services, Inc. ($1,976,000) for fuel. Miscellaneous: X. Appropriate $15,000 Other State Shared Revenues from the Kern County Remote Access Network (RAN) to the General Fund Police Operating Budget, to fund overtime for Crime Scene Unit employees to process latent fingerprints into the AFIS database and clear the backlog of latent print comparisons. 3 City Council Meeting of 11/17/2010 8. CONSENT CALENDAR continued Y. California Emergency Management Agency (Cal EMA) Grant; 1. Accept Federal grant ($811,936) for mobile command unit, training and consultant. 2. Appropriate $811,936 Federal Grant Revenue to the Fire Department Urban Area Security Initiative (UASI) Fund Capital Improvement and Operating Budgets. Staff recommends adoption of Consent Calendar items 8.a. through 8. y. 9. CONSENT CALENDAR PUBLIC HEARINGS 10. HEARINGS a. Public Hearing to consider Resolution adopting the Amended Panama and Union Planned Sewer Area fee schedule and boundary. Staff recommends adoption of resolution. 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. CLOSED SESSION a. Public employee performance evaluation - City Attorney, Closed Session pursuant to Government Code Section 54957(b)(1)/54957.6. RECESS TO CLOSED SESSION 16. CLOSED SESSION ACTION 17. ADJOURNMENT Respectfully submitted, Alan Tandy AIL City Manager 11 /09/10 3:15pm 4 City Council Meeting of 11/17/2010 AGENDA HIGHLIGHTS November 17, 2010 COUNCIL MEETING PRESENTATIONS There are three (3) presentations: The annual Excellence in Action employee awards; a Proclamation to the Kern County Public Health Director for Smokeout Day, and a special presentation of "Keys to the City" to Councilmember Irma Carson and Vice-Mayor Zack Scrivner. Item 8c. First Reading of Ordinance aaarovina a zone change from Planned Commercial Development to Regional Commercial/Planned Commercial Development at 5001 Ming Avenue. This proposed zone change is for the purpose of accommodating a new development design; it does not request a change to the current land use designation. Previously, the proposed development approved for this site was a shopping center that Included 8,300 square feet of restaurant space. On October 21, 2010, the Planning Commission conducted a public hearing on the zone change and recommended approval to the City Council. The Commission also approved the construction of a 14,000 square foot restaurant for the site, as Phase 1 of the development. All future phases of this development will require Planning Commission approval under the P.C.D. overlay zone. Some slight modifications were made to the original Conditions of Approval, most notably that an 8 foot high wall will be installed along property lines abutting residential properties. No one spoke in opposition to the project at the Planning Commission hearing. Four letters from area property owners were received, one In support, one In opposition, and two requesting adjustments to the plan, including the wall height. As stated above, the Planning Commission adjusted the wall height from 7 feet to 8 feet, along with some minor landscaping modifications. The Commission noted that the new site plan actually reduced the amount of buildings and future building area. Items 81. and 8j. Resolutions ap roving applications proposing proceedings for annexations of uninhabited territory at 1) Santa Fe Way between Seventh Standard and Kratzmeyer Roads and 2) west of Renfro Road between Kratzmever and Reina Roads, east of Nord Avenue. These are two properties adjacent to the City limits In the northwest area, within the City's Sphere of Influence, and prezoned by the City. The property owners for both territories have consented to annexation, and both wish to annex for development purposes and to receive City services. The original annexation applications for these properties were terminated by LAFCO in May, 2010, because the City and County had not resolved the property tax negotiations within the required 60-day time period that began when the applications were submitted in March, 2010. However, the properly owners continued to work with the County to resolve issues related to the County's costs of providing public facilities necessary to support the proposed development. In October, 2010, the County adopted an Impact mitigation agreement, which allowed the annexation proceedings to get back on track. These proposed resolutions will authorize the City to re-submit the applications to LAFCO. Aareements Item So. Amendment to Agreement with Bright House Networks to extend the license and naming rights for the Amphitheatre at the `Park at River Walk. The City and Brighthouse Networks have experienced a mutually beneficial relationship and wish to extend this original 2005 license and naming rights agreement for an additional five years. The terms of the original agreement were for an annual $75,000.00 cash payment to the City, and $25,000.00 in advertising on Bright House Channels. The amendment changes the terms to an annual $60,000.00 cash payment, $40,000.00 in advertising, and provides BHN with advertising space In the Recreation and Parks brochures. Item 8u. Accept Base Bid and Approve Contract with Elite Landscaling for the City In the Hills Park Project. This project Is for construction of a 9-acre neighborhood park in the northeast City in the Hills development. It will include tennis, basketball, and volleyball courts, playground and picnic facilities, a shade structure, safety lighting, exercise equipment and a walking path. Eight bids submitted; all were acceptable. Staff recommends award of the contract to the low base bidder, Elite Landscaping, Inc. In the amount of $1,598,000.00, The project will be funded entirely from the Park Improvement Fund. $1,150,000.00 is currently appropriated from FY 2007-08; this action requests an appropriation of an additional $597,200.00 to the Recreation and Parks Capital Improvement Budget to fully fund the base bid and potential change orders. Closed Session There is one Item to discuss the annual performance evaluation for the City Attorney. Approved: Alan Tandy, City Manager cc: Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - November 17, 2010 Council Meeting Page 2 A ADMINISTRATIVE REPORT MEETING DATE: November 17, 2010 AGENDA SECTION: Presentations ITEM: TO: Honorable Mayor and City Council ~e~ ' APPROVED FROM: Caryn Claiborne, Human Resources Analyst II ~ DEPARTMENT HEAD DATE: November 5, 2010 CITY ATTORNEY A -1-7 CITY MANAGER SUBJECT: Presentation by Caryn Claiborne, Human Resources Analyst II to de artment winners of the 2010 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City of Bakersfield. RECOMMENDATION: BACKGROUND: mi November 2, 2010, 2:24PM SAMarisMEMExcellence in Action\2010Wdmin Rprt 201 O.docx BAKE O~~,covoR4r~~S ADMINISTRATIVE REPORT LIFO MEETING DATE: November 17, 2010 AGENDA SECTION: Presentations ITEM: 5. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall November 5, 2010 Presentation by Mayor Hall of Proclamation to Matthew Constantine, Kern County Public Health Director, declaring November 17, 2010, Smokeout Day in Bakersfield. APPROVED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER~ RECOMMENDATION: BACKGROUND: krt yJ ADMINISTRATIVE REPORT MEETING DATE: November 17, 2010 AGENDA SECTION: Presentations ITEM: 5. G. TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEAIM%T'' Jj- DATE: November 9, 2010 CITY ATTORNEY CITY MANAGER tiJ SUBJECT: Presentation by Mayor Hall of Keys to the City to Councilmembers Irma Carson and Zack Scrivner. RECOMMENDATION: BACKGROUND: _ .1 krt BA E 4, ADMINISTRATIVE REPORT IF MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: 0. a, TO: Honorable Mayor and City Council APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD DATE: November 5, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Minutes of the November 3, 2010 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: nw ~IBI a,KE~Ps ADMINISTRATIVE REPORT ''"woe. LIF MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: S .b. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 4, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from October 22, 2010 to November 4, 2010 in the amount of $10,280,796.06 and Self Insurance payments from October 22, 2010 to November 4, 2010 in the amount of $190,659.44. RECOMMENDATION: Staff recommends approval of payments totaling $10,471,455.50 BACKGROUND: KLG November 4, 2010, 4:28PM S:1Kim GWDMINICOUNCIL-ADMIN-AP-2011 WDMIN-AP 111710.doc AK ~Fa~ '+ra S U ~ ADMINISTRATIVE REPORT cAL~ ~ MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: S. C. TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: October 29, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & SUBJECT: First Reading of an Ordinance approving a Zone change from P.C.D. (Planned Commercial Development) to C-2/P.C.D. , (Regional Commercial/Planned Commercial Development) on approximately 5.14-acres located at 5001 Ming Avenue. (Zone Change No. 10-0395-G.C. Corporation) (Ward 6) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: On August 30, 2000, GPA/ZC P00-0236 changing the land use and zoning of approximately 5.14 acres from residential to commercial and from R-1/CH to P.C.D was approved by the City Council (Ordinance No. 3972). The proposed development was comprised of a shopping center with 62,750 square feet of commercial retail space and 8,300 square feet of restaurant space, including one drive-through restaurant. Conditions were adopted to address issues raised by the neighborhood related to increased traffic on Ming Avenue, limits of time for delivery trucks and parking lot sweeping, lighting, noise, and potential vandalism. The proposed zone change is from P.C.D. (Planned Commercial Development) to C-2/P.C.D. (Regional Commercial/Planned Commercial Development) on the same 5.14 acres to accommodate a new development design. There is no need or request to change the current land use designation, which is GC (General Commercial) as the C-2/P.C.D. zone is consistent with the present land use designation and uses approved by the City Council. Under the P.C.D. overlay zone all future phases of development will require Planning Commission approval at a public hearing to ensure the development maintains compatibility with existing on-site and adjacent developments. However, it will not require the adoption of a new ordinance for each subsequent phase. (Note: The P.C.D. overlay zone was not an option available for use in 2000.) On October 21, 2010, the Planning Commission conducted a public hearing on the proposed zone change and recommended approval to the City Council. The Commission also approved Planned Development Review No. 10-0461 to construct a 14,000 square-foot restaurant as Phase 1 of the site development. Due to the current economic climate, this site will be developed in phases as potential tenants come forward. The majority of the Conditions of Approval from GPA/ZC P00-00236 were applied to the current project with slight modifications ~~c0 Al4o. ADMINISTRATIVE REPORT L10 to reflect the new site layout. The frontages along Ming Avenue, Raintree Court and Canter Way will be fully improved; an 8 foot high wall will be installed along property lines abutting residential properties; mature trees will be planted and 15-foot wide landscape areas along Raintree Court and Ming Avenue will be installed in Phase 1. At the hearing, the Commission modified conditions regarding wall signs (fixed an incorrect reference), landscape setback (clarified that it is to be measured from back of sidewalk) and removed a requirement for an offsite right-turn lane to Raintree Court (referenced a memo dated 10/18/2000 from the Public Works Department waiving this for the previously approved development). Since there was no appeal to the development plan, the Commission's approval will become effective once the new zoning is finaled. No one spoke in opposition to the project at the Planning Commission hearing. However, four letters from area property owners were received: one letter in support of the project, one in opposition, and two letters with comments regarding increasing the wall height next to residential development to 10' (staff proposed 7'), moving the location of the driveway along Canter Way, and potential for a future "big box" store. In response to the wall issue, the Planning Commission compromised by increasing the wall height to 8 feet. No other changes were made as they noted that the new site plan reduced the amount of buildings and future building area, and that the driveway along Canter is in the same location as in the previously approved plan with conditions that the residential property will separated by a 10-foot wide landscape strip and 8-foot high wall. Staff determined that the project is an in-fill development; and thus exempt from CEQA under Section 15332 of the State CEQA Guidelines. A Notice of Exemption was prepared on October 21, 2010 in accordance with CEQA. HC\S:\ZoneChange\yr 2010\ 10-0395\Admin Report ZC 10-0395 11.17. 10 A U C7 ADMINISTRATIVE REPORT MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: C1, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD V~" DATE: November 4, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: 1. Adoption of Ordinance Amending Section 2.84.570 Relating to Employee Sick Leave Payment. 2. Adoption of Ordinance Amending Section 8.32.060 Relating to Solid Waste Billing. 3. Adoption of Ordinance Amending Section 12.16.150 Relating to Construction Work in Streets. 4. Adoption of Ordinance Amending Section 14.04.240 Relating to Water Service Connections. 5. Adoption of Ordinance Amending Sections 16.16.050 and 16.16.060 Relating to Tentative Maps. 6. Adoption of Ordinance Amending Section 16.32.060 Relating to Tract Map Improvements. 7. Adoption of Ordinance Amending Section 17.71.020 Relating to Outdoor Lighting. RECOMMENDATION: Staff recommends Adoption of the proposed ordinance amendments. The amendments had first reading on November 3, 2010. BACKGROUND: Periodically, various Departments throughout the City request changes to the Bakersfield Municipal Code which are minor in nature. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors. The following is a list of ordinances that are being recommended by Staff for changes: 1. BMC Section 2.84.570. This amendment specifies that an employee must work five (5) consecutive years with the City and be eligible for retirement in order to receive sick-leave compensation. This change encourages employment longevity with the City. Since sick leave compensation is a benefit given by the City to employees, the City has the authority to set its requirements but this clarification was also approved by the SEIU representative. 2. BMC Section 8.32.060. This amendment deletes the section entitling an absentee owner to a prorated refund of charges for a period that the dwelling is unoccupied. This is an antiquated section and no longer current practice. November 4, 2010, 10:07AM SACOUNCIL1Admins110-11 AdminslCleanup 2010-2d.doc ADMINISTRATIVE REPORT 3. BMC Section 12.16.150. This amendment deletes reference to a 12 year workmanship and performance warranty agreement" with the City which allowed a permittee to receive a reduced fee. This has never been used due to the expense for the permittee. 4. BMC Section 14.04.240. The amendment deletes an antiquated provision concerning installation of connections from water mains to individual properties which does not reflect current practice. All such lines are installed by developers. 5. BMC Sections 16.16.050 and 16.16.060. The amendment to 16.16.050 deletes an obsolete provision requiring maps to be submitted to the Officer of Intergovernmental Management and creates a more generic description (in lieu of Pac Bell) for a telephone utility. The amendment to 16.16.060 increases the time to return to the subdivider a copy of the map with the resolution advising of the agency's decision from two calendar weeks to a more reasonable thirty (30) days. 6. BMC Section 16.32.060. The amendment updates the list of planned sanitary sewer areas in which assessment fees are being collected. 7. BMC Section 17.71.020. This amendment revises the definition of Northeast Bakersfield to be consistent with all other Code references. BW:Isc November 4, 2010, 10:07AM SACOUNCIL1Admins\10-11 Admins\Cleanup2010-2d.doe MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: 8 , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Douglas Greener, Fire Chief November 4, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Adoption of Ordinance amending Chapter 15.65 of the Bakersfield Municipal Code relating to the California Fire Code. (All wards) RECOMMENDATION: Staff recommends adoption of the proposed ordinance amendment. BACKGROUND: First reading of the of the above listed ordinance amendment was at the Council meeting on November 3, 2010. The California Fire Code establishes State regulations regarding minimal standards for fire related hazards and fire safety. The provisions of the California Fire Code are applicable to all cities and counties in California, including charter cities, without exception. However, cities and counties may establish more restrictive and reasonably necessary differences to the State-wide provisions due to climatic, topographical or geological conditions. The State has adopted the 2010 Edition of the California Fire Code as part of a normal update cycle, which occurs every three years. The updated 2010 Edition of the California Fire Code provision is effective January 1, 2011. The City of Bakersfield (City) previously adopted the 2007 Edition of the California Fire Code in the Bakersfield Municipal Code (BMC) at Chapter 15.65. It is necessary for the City to amend BMC Chapter 15.65, to reflect the updated changes in the 2010 Edition of the California Fire Code. The only substantive revision to the California Fire Code, by the State, is a requirement for fire sprinkler installations in all new single and multi-family dwellings. The proposed amendments, by the City to BMC 15.65, do not establish any additional restrictions above the newly adopted State standards in the California Fire Code. The Bakersfield Fire Department has met with the Home Builders Association about the adoption of the 2010 Edition of the California Fire Code and received minimal comments. The remainder of the BMC ordinance amendments consists of the re-numbering of existing provisions. A copy of the 2010 Edition of the California Fire Code is on file at the City Clerk's office for review. JAC:dII November 4, 2010, 10:19AM S:\C0UNCIL\Adm1ns\10-11 Adm1ns\Firecode2010.2nd.Docx A o4,r`O S ADMINISTRATIVE REP U ORT C ~.T lLI L/ MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: .-F, :"Q_ TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: November 4, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY J CITY MANAGER SUBJECT: Adoption of ordinance amending sections 15.04, 15.05, 15.07, 15.09, 15.11, 15.13, 15.15. and adding sections 15.17 and 15.19 of the Building and Construction codes, specifically the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code, California Residential Code and California Green Building Code RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the of the above listed ordinance amendment was at the Council meeting on November 3, 2010. The State of California recently adopted new versions of the California Building Code (CBC), Mechanical Code, Plumbing Code, Electrical Code, California Existing Code, Historical Building Code and added a new California Residential Code and Green Building Code, hereinafter collectively referred to as state codes. This Is part of the normal code adoption cycle which occurs every three years after the publication of the new national model codes. In the previous cycle, California merged the International Building Code and International Residential Code Into one California Building Code. This cycle the Residential and California Building Codes have remained separate and consistent with the International Building Code. State law requires that the City of Bakersfield ("City") adopt the above state codes by January 1, 2011. The adoption of the state codes by general law and charter cities is mandatory. However, state law permits the City to amend these state codes to make them more restrictive as long as such restrictions are based upon climatic, geological, and/or topographical reasons. The new state codes include some major revisions that will impact the cost of a new single family home. The California Residential Code includes a requirement for fire sprinklers in all new single and two-family dwellings. This is a "life safety" system that will be connected to the domestic water service. Additionally, California adopted a Green Building Code which requires several new mandatory measures such as Irrigation Controllers with moisture probes, water fixtures (e.g., dual flush toilets, water faucets) with 20% reduced flow, whole house fan, November 4, 2010, 12:OOPM S:\000NCIL\Admins\10-11 Admins\Building and Const Code2010- 2nd.doc ADMINISTRATIVE REPORT and many others. These items along with the new requirements per the California Energy Code increase the construction costs of a new home. For the most part, the City's proposed amendments to the state codes are technical and minimal in nature. As proposed, two key amendments go beyond state law by prohibiting the use of wood foundation systems and retaining walls within seismic zones D, E or F. In addition, another amendment allows the use of a wood foundation for a storage shed or similar use up to 240 square feet. City staff met with the Legislative Branch of the local Home Builders Association (HBA) about the adoption of the new state codes and proposed amendments. The HBA members' main concern was if any of the proposed amendments would affect the way they currently build a single family home, As proposed, the amendments do not significantly alter existing practices, Due to the more restrictive amendments mentioned above a hearing is needed to give the public an opportunity to comment on the new code changes at the next City Council Meeting. Additionally, in October staff started conducting a series of classes regarding the code changes. These classes educate local architects, contractors and homeowners about the changes to the code. BW/vl November 4, 2010, 12:OOPM S:\C0UNCILWdmins\10-11 AdminsOuilding and Const Code2010- 2nd.doc BA E O~~Y,NNroN,re ~s ADMINISTRATIVE REPORT C WNY, gL1F0 4L'w4r MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: E3 . TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: October 15, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution amending the official list of designated speed zones, pursuant to Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Bakersfield Municipal Code (Wards 1, 2, 3, 4, 5 & 7). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: This resolution establishes speed zones which can be enforced by radar on roadways within the City. The roadway segments below are proposed to have a speed zone change, road segment limit change, or had been previously established by the County. The method of establishing posted speed limits was revised in the California Manuel of Uniform Traffic Control Devices and applies to all engineering and traffic surveys performed after May 20, 2004. Therefore, one previously established speed limit is proposed to increase to meet the new State guidelines. Speed Existing Proposed Zone Speed Speed Location Limit Limit Council Ward # 1 Madison Street, from Brundage Lane to Belle Terrace 55 mph 35 mph Council Ward #2 21 st Street, from F Street to M Street 25 mph 30 mph Council Ward #3 City Hills Drive, from Vineland Road to Panorama Drive 55 mph 50 mph Masterson Street, from Paladino Street to State Route 178 55 mph 50 mph Morning Drive, from Panorama Drive to Paladino Drive 55 mph 55 mph Paladino Drive, from Vineland Road to Masterson Street 55 mph 50 mph Paladino Drive, from Morning Drive to Vineland Road 55 mph 50 mph Panorama Drive, from Masterson Street to Vineland Road 55 mph 50 mph Vineland Road, from Paladino Road to City Hills Drive 55 mph 50 mph November 2, 2010, 4:25PM G:\GR0UPDAT\ADMINRPT\2010\11-17\Admin Rpt_Speeds_Nov2010.docx ADMINISTRATIVE REPORT Council Ward #4 Coffee Road, from Olive Drive to Norris Road 65 mph 55 mph Reina Road, from Renfro Road to Allen Road 55 mph 50 mph Council Ward #5 Panama Lane, from Gosford Road to Old River Road 55 mph 55 mph Panama Lane, from Old River Road to Buena Vista Road 65/55 mph 55 mph Panama Lane, from Buena Vista Road to Allen Road 55 mph 55 mph Council Wards #4 & 5 White Lane, from Allen Road to Buena Vista Road 55 mph 55 mph Council Ward #7 Berkshire Road, from Wible Road to Granite Hills Street 45 mph 35 mph Chapter 7 of the California Vehicle Code (CVC) defines three different speed limits within which all drivers should obey whether or not signs are erected indicating those speed limits. The three different speed limits are as follows: 1. 15 m.p.h. a. At "blind" railroad crossings. (CVC Section 22352.a.1) b. At "blind" intersections. (CVC Section 22352.a.2) C. On any alley. (CVC Section 22352.a.3) 2. 25 m.p.h. a. Ina "residence" district. (CVC Section 22352.b.1) b. Ina "business" district. (CVC Section 22352.b.1) C. In a school zone. (CVC Section 22352.b.2) 3. 55 m.p.h. Upon a two-lane, undivided highway. (CVC Sections 22349 b., and 40802) 4. 65 m.p.h. Any street which does not fall into the categories listed in numbers 1, 2 and 3 above. (CVC Sections 22349.a. and 40802) The California State Legislature revised the California Vehicle Code (CVC) effective January 1, 1997 to set the maximum speed limit at 65 mph. The CVC allows the 25 m.p.h. speed limit to be raised (Section 22357) or the 65 m.p.h. speed limit to be lowered (Section 22358) to facilitate the smooth orderly flow of traffic. This increase or reduction is done by an "Engineering and Traffic Survey". The survey must be done in accordance with State mandated procedures and must be renewed every five (5) years. The speed limit which is proposed in the subject resolution has been established as a result of an "Engineering and Traffic Survey". JU KTC601 November 2, 2010, 4:25PM G:\GR0UPDA'RADMINRPT\2010\11-17\Admin_Rpt_Speeds_Nov2010.docx BA .t O~~ oM LS~ U ty Itv 1 0 ADMINISTRATIVE REPORT **a MEETING DATE: November 17, 2010 AGENDA SECTION: Consent ITEM: 8 , TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: October 29, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY p~ CITY MANAGER SUBJECT: 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 authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on November 8, 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. 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. 1501 Antonia Way 022-122-07 $ 819.00 2. 1609 S. Chester Avenue 011-401-14 $ 300.00 3. 222 Clifton Street 018-380-07 $ 900.00 4. 1317 Dorian Drive 022-030-01 $ 725.00 5. 3408 Elda Avenue 172-122-24 $ 300.00 6. 3610 Hale Street 172-052-09 $ 698.00 7. 608 S. Haley Street 019-101-02 $ 300.00 8. 809 Karma Court 171-223-16 $ 105.00 October 29, 2010, 8:29AM/kd S:\Dana\ADMINS\2010\Nov\l 1-17-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 /Councilmember Irma Carson 9. 323 S. King Street 018-140-17 $ 300.00 10. 1128 Kyner Avenue 412-171-23 $ 1,080.00 11. 208 Madison Street 169-031-12 $ 300.00 12. 3412 Meeks Avenue 172-124-23 $ 105.00 13. 3604 Meeks Avenue 172-134-16 $ 694.00 14. 831 N Street 009-222-06 $ 300.00 15. 31 Northrup Street 018-330-29 $ 729.00 16. 103 Obregon Avenue 516-132-01 $ 880.00 17. 306 Ohio Drive 169-070-22 $ 694.00 18. 5300 O'Neill Court 412-212-32 $ 105.00 19. 327 S. Owens Street 018-290-20 $ 105.00 20. 609 Patricia Avenue 022-215-08 $ 105.00 21. 212 Rodman Street 139-341-14 $ 300.00 22. 703 t/2 Wilkins Street 139-432-27 $ 750.00 23. 1127 Wilkins Street 018-260-19 $ 949.00 24. 1421 Wilkins Street 018-432-04 $ 959.00 25. 10066 th Street 009-361-09 $ 150.00 26. 324 E. 1 1 th Street 139-041-09 $ 695.00 Ward 2/Councilmember Sue Benham 27. 231 B Street 008-171-13 $ 1,489.00 28. 713 Eye Street 009-251-06 $ 105.00 29. 3815 K Street 120-060-08 $ 929.00 30. 1010 Kentucky Street 015-380-15 $ 105.00 31. 1314 Kentucky Street 015-410-09 $ 975.00 32. 124 Oleander Avenue 008-341-19 $ 300.00 33. 1714 Orange Street 007-160-24 $ 300.00 34. 1819 Orange Street 007-192-13 $ 300.00 35. 1206 Oregon Street 015-100-15 $ 1,000.00 36. 1031 Pacific Street 015-080-08 $ 635.00 37. 511 Quincy Street 013-210-03 $ 105.00 38. 527 Quincy Street 013-210-06 $ 720.00 39. 1324 Quincy Street 127-030-24 $ 690.00 40. 1015 E. Truxtun Avenue 017-170-08 $ 300.00 41. 400 17th Street 006-124-21 $ 795.00 October 29, 2010, 8:29AM/kd SADana\ADMINS\2010\Nov\11-17-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 3/Counciimember Ken Weir APN ' COST 42. 5609 Bayberry Avenue 365-192-12 $ 840.00 43. 4300 Elder Court 434-092-12 $ 709.00 44. 2404 Kaibab Avenue 383-051-16 $ 105.00 45. 3008 University Avenue 382-080-13 $ 919.00 46. 6309 Wildflower Street 531-383-03 $ 300.00 Ward 4/Counciimember David Couch 47. 13700 Brogan Avenue 522-091-01 $ 884.00 48. 203 Cedmont Drive 500-713-03 $ 719.00 49. 8408 Hoodsport Avenue 451-451-11 $ 725.00 50. 6007 Inverwood Drive 529-210-38 $ 105.00 51. 6010 Inverwood Drive 529-210-36 $ 105.00 52. 12618 Knights Bridge Place 528-192-03 $ 740.00 53. 9315 Lake Victoria Drive 494-570-03 $ 745.00 54. 12706 Marradi Avenue 528-051-19 $ 300.00 55. 11717 New Hampshire Avenue 528-301-27 $ 105.00 56. 11500 Pacific Harbor Avenue 527-361-02 $ 710.00 57. 13514 Plumas Wood Lane 529-210-08 $ 105.00 58. 11916 Roaring River Avenue 522-441-01 $ 694.00 59. 8301 Sea Meadow Lane 494-41 1-03 $ 740.00 60. 11601 Wrangler Drive 527-043-07 $ 105.00 Ward 5/Counciimember Harold Hanson 61. South of 4940 Gosford Road 498-010-72 $ 105.00 62. 11002 Grand Prairie Drive 497-274-02 $ 749.00 63. 7001 Outingdale Drive 339-41 1-02 $ 300.00 Ward 6/Coucilmember Jacauie Sullivan 64. 5900 Almendra Court #C 355-481-24 $ 999.00 65. 6013 Brewer Creek Drive 498-724-11 $ 695.00 66. 3039 Cedarwood Drive 355-272-11 $ 744.00 67. 2304 Cheshire Drive 355-341-19 $ 105.00 68. 3004 Estero Court 441-242-11 $ 760.00 69. 9218 Golden Wheat Drive 532-121-13 $ 694.00 70. 2900 Hallisey Street 441-051-16 $ 105.00 71. 6220 Hawk Creek Drive 498-675-05 $ 769.00 October 29, 2010, 8:29AM/kd S:\Dana\ADM1NS\2010\Nov\11-17-Property Abatement.doc ADMINISTRATIVE REPORT PROPERTY LOCATION APN Ward 6/Couciimember Jacauie Sullivan 72. 4508 Planz Road 441-160-09 $ 73. 6100 Quaking Aspen Street 498-102-11 $ 74. 61 15 Saint Croix Drive 499-31 1-28 $ 75. 4409 White Lane 404-032-02 $ 76. 5208 Winter Pasture Avenue 532-136-19 $ Ward 7/Councilmember Zack Scrivner 77. 6204 Chester W. Nimitz Street 78. 6801 Colony Street 79. 1808 Faxon Avenue 80. 7734 Genivieve Street 81. 4309 Jackson Ridge Avenue 82. 1101 Valdes Court 83. 6915 Whisenant Street 84. 1217 White Lane 85. 6640 Wible Road 372-302-03 $ 515-060-03 $ 372-131-07 $ 516-423-05 $ 514-492-05 $ 516-392-26 $ 516-41 1-05 $ 171-145-31 $ 515-010-03 $ COST 700.00 965.00 300.00 300.00 740.00 760.00 300.00 1,139.00 715.00 845.00 105.00 300.00 760.00 300.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The 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. October 29, 2010, 8:29AM/kd S:\Dana\ADMINS\2010\Nov\11-17-Property Abatement.doc oWOR4) 'i O~ L0 ti ADMINISTRATIVE REPORT c9 1 ,L® MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: S. i, TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: October 29, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER iCsJ SUBJECT: Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 623 consisting of 1,597.73 acres, generally located on the west side of Santa Fe Way, between Seventh Standard Road and Kratzmeyer Road, east of Greeley Road (future alignment). (Ward 4) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On January 27, 2010, the Bakersfield City Council adopted Resolution 008-10 to initiate proceedings for Annexation No. 623 - West Rosedale Ranch. The territory proposed for annexation consists of 1,597.73 acres and is located generally on the west side of Santa Fe Way, between Seventh Standard Road and Kratzmeyer Road, east of Greeley Road (future alignment). This territory is adjacent to the City limits, is within the City's Sphere of Influence boundary, and has been prezoned by the City. The property owners for the territory have consented to annexation which represents 100% consent. The proposal is to annex the land for development purposes and receive city services. The original annexation proceedings were terminated by the Local Agency Formation Commission (LAFCO) on May 26, 2010. The following serves as a summary of the important steps in the process to date that led up to the termination of the proceedings and this request to submit a new application to LAFCO: The original annexation application was submitted to LAFCO on March 15, 2010. LAFCO notice of filing prompted the Kern County Auditor-Controller-County Clerk on May 13, 2010, to issue the letter that starts the 60-day time period during which the City and County commence negotiations pursuant to the Memorandum of Understanding relative to the exchange of property tax revenues (MOU - City Agreement # 105-015 and County Agreement #119-2005, dated February 15, 2005). The deadline to adopt all tax revenue exchanges was set as May 24, 2010. ADMINISTRATIVE REPORT Page 2 Since the deadline passed without resolving the property tax negotiations between the City and County, LAFCO issued a notice dated May 26, 2010 to the City that the annexation proceedings were terminated. Although the annexation proceedings were terminated, the property owners continued to work with the County to resolve issues pertaining to offsetting the cost of providing County-related public facilities necessary to support the proposed development. On October 19, 2010 the Kern County Board of Supervisors adopted a County facility impact mitigation agreement with the property owners which essentially will allow the processing of the annexation to proceed. The next step is to adopt the resolution to allow the City to submit another application to LAFCO, thus reviving this annexation proposal. LAFCO has indicated that a majority of the original application material may still be used, thereby reducing the amount of time needed to process the application. Once the 60-day tax revenue exchange negotiation period is initiated, the City and County will be prepared to immediately process the necessary paperwork to be transmitted to LAFCO for continued processing and the overall success of this annexation. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. MO\S:\Annexafion\Res of Applic\Admin Draft 623 reviv.doc BA ~yCAwo24 s r ADMINISTRATIVE REPORT 1 MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Jim Eggert, Planning Director DATE: October 29, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 625 consisting of 793.26 acres, located west of Renfro Road, between Kratzmeyer and Reina Roads, east of Nord Avenue. (Ward 4) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On January 27, 2010, the Bakersfield City Council adopted Resolution 009-10 to initiate proceedings for Annexation No. 625 - Kratzmeyer Ranch. The territory proposed for annexation consists of 793.26 acres, located west of Renfro Road, between Kratzmeyer and Reina Roads, east of Nord Avenue. This territory is adjacent to the City limits, is within the City's Sphere of Influence boundary, and has been prezoned by the City. The property owners for the territory have consented to annexation which represents 100% consent. The proposal is to annex the land for development purposes and receive city services. The original annexation proceedings were terminated by the Local Agency Formation Commission (LAFCO) on May 26, 2010. The following serves as a summary of the important steps in the process to date that led up to the termination of the proceedings and this request to submit a new application to LAFCO: The original annexation application was submitted to LAFCO on March 15, 2010. LAFCO notice of filing prompted the Kern County Auditor-Controller-County Clerk on May 13, 2010, to issue the letter that starts the 60-day time period during which the City and County commence negotiations pursuant to the Memorandum of Understanding relative to the exchange of property tax revenues (MOU - City Agreement # 105-015 and County Agreement # 119-2005, dated February 15, 2005). The deadline to adopt all tax revenue exchanges was set as May 24, 2010. ADMINISTRATIVE REPORT Page 2 Since the deadline passed without resolving the property tax negotiations between the City and County, LAFCO issued a notice dated May 26, 2010 to the City that the annexation proceedings were terminated. Although the annexation proceedings were terminated, the property owners continued to work with the County to resolve issues pertaining to offsetting the cost of providing County-related public facilities necessary to support the proposed development. On October 19, 2010 the Kern County Board of Supervisors adopted a County facility impact mitigation agreement with the property owners which essentially will allow the processing of the annexation to proceed. The next step is to adopt the resolution to allow the City to submit another application to LAFCO, thus reviving this annexation proposal. LAFCO has indicated that a majority of the original application material may still be used, thereby reducing the amount of time needed to process the application. Once the 60-day tax revenue exchange negotiation period is initiated, the City and County will be prepared to immediately process the necessary paperwork to be transmitted to LAFCO for continued processing and the overall success of this annexation. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. MO\S:\Annexation\Res of Applic\Admin Draft 625 reviv.doc BA E ADMINISTRATIVE REPORT LIFO MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED 4'i FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 1, 2010 CITY ATTORNEY R l✓ CITY MANAGER_ SUBJECT: Amendment No. 1 to Resolution No. 088-10 approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to California Government Code Section 34090, et. seq. (Public Works Department). RECOMMENDATION: Staff recommends adoption of Amendment. BACKGROUND: Resolution No. 088-10 was approved by the City Council on August 11, 2010. This Resolution authorized 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. Staff proposes to amend the current Resolution for the following items: • Capital Improvement Project Files for Administrative Services Division and Construction Division: Transfer from 'retain indefinitely' section of Retention Schedule to 'retain for 10 years' section. • Street Permits for Subdivisions: Transfer from 'retain indefinitely' section of Retention Schedule to 'retain for 10 years' section. • Project files for Construction Division: Transfer from 'retain indefinitely' section of Retention Schedule to 'retain for 10 years' section. • Tract files for Construction Division: Transfer from 'retain indefinitely' section of Retention Schedule to 'retain for 10 years' section. • Employee Accident / Industrial Injury Reports: Removed from Public Works Retention Schedule. Risk Management Division is the original record keeper for these documents. • Claim vouchers, purchase orders,. and invoices: Removed from Public Works Retention Schedule. Finance Division is the original record keeper for these documents. • Receipt and deposit books: Removed from Public Works Retention Schedule. Finance Division is the original record keeper for these documents. Attached is a copy of the Records Retention Schedule marked Exhibit "A". GAGROUPDATIADMINRPTQ010\11-17\Record Destruction Admin.doc IBA ADMINISTRATIVE REPORT gLIF0 MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: . I, TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: October 27, 2010 CITY ATTORNEY y~ CITY MANAGER SUBJECT: Resolution of Intention (ROI) No. 1680 to add territory, Area 5-60 (2213 & 2217 Coy Avenue) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. (Ward 1) RECOMMENDATION: Staff recommends adopting the Resolution of Intention BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcel to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. Ps G:\GR0UPDAT\ADMINRPT\2010\11-17\R0I 1680 CMD 5-60 admin.docx BAKE[A ~ ~~~,coPP09,tt+! ADMINISTRATIVE REPORT LIFO MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: S, rn TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 28, 2010 Approval of Tract Map and Improvement Agreement Final Map and Improvement Agreement with Symbolic Investment & Operating Company, LLC, a Nevada Limited Liability Company, for Tract 6364 Phase 1 located east of Renfro Road and south of Kratzmeyer Road. (Ward 4) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: This Agreement is entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. dha November 1, 2010, 3:06PM G:\GROUPDATWDMINRPT\2010\11-17\T6364-1 Map and IM AGR.doc o A13 K S;n <<>>> ADMINISTRATIVE REPORT MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: A n _ TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DATE: November 8, 2010 O ED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER SUBJECT: Memorandum of Understanding (MOU) between City of Bakersfield and the Kern Council of Governments for conceptual planning and visualization activities for areas surrounding the proposed location(s) of the Bakersfield High-Speed Rail terminal (Ward 2). RECOMMENDATION: Staff recommends approval. BACKGROUND: The California High-Speed Rail Authority has designated two potential locations in Downtown Bakersfield (generally southeast of the intersection of Truxtun Avenue and 'Q' Street) for a passenger terminal along the planned California High-Speed Rail system. As discussed by the California High-Speed Rail Authority's "General Principles and Guidelines" for station area development, a terminal would potentially provide the City of Bakersfield with opportunities for Transit Oriented Development (TOD), multi-modal transportation, increased density of development, and a mixture of land uses in areas associated with the planned terminal. In order to plan for these development opportunities, the Kern Council of Governments (KernCOG) is proposing to fund visualization studies and a conceptual plan for areas surrounding the proposed High- Speed Rail terminal location(s), and is requesting staff assistance from the City of Bakersfield Planning Division and Economic and Community Development to assist KernCOG with the project. This Memorandum of Understanding allows for City staff to assist with this KernCOG-funded planning and visualization project. Other than personnel costs associated with City staff, no additional City funding will be used in this project. KernCOG has requested Council approval of the MOU prior to the November 18, 2010 KemCOG board meeting. S:1RyanlHigh Speed RaiMSR Kemcog MOU Admin.Doc 11/8/2010 9:34 AM BAKE ~J CORPOx4r ADMINISTRATIVE REPORT ~ILIF0 \ MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: , a TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD r L kf DATE: November 1, 2010 CITY ATTORNEY CITY MANAGER_ & SUBJECT: Amendment 2 to Agreement No. 05-429 with Bright House Networks ($500,000) extending the license and naming rights agreement for the Amphitheatre at The Park at River Walk. (Ward 4) RECOMMENDATION: Staff recommends acceptance of the amendment. BACKGROUND: In December 2005, the City and Bright House Networks (BHN) entered into Agreement No. 05-429 for the licensing and naming rights to the Amphitheatre at The Park at River Walk. Under the basic terms of the initial agreement, BHN provided an annual cash payment of $75,000 to City and provided $25,000 in advertising on Bright House Channels, for a total value $500,000 over five years. The original agreement is set to expire December 31, 2010. Due to the mutually beneficial relationship over the past five years, both parties desire to extend Agreement No. 05-429 for an additional five years with new compensation and advertising terms. This amendment changes the annual BHN cash payment to $60,000 and in-kind advertising provided to City to $40,000, for a total value $500,000 over five years. The City also agrees to provide BHN half page advertising space on the back cover of the Recreation and Parks brochure with each issue. JAC:Isc:saf S:\ Administration\Agreements\2010\BrighthouseNetAgr05-429(2) MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: ~j TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Vd- DATE: November 5, 2010 CITY ATTORNEY V(- CITY MANAGER & SUBJECT: Amendment No. 1 to Agreement No. 09-016 with Littler Mendelson ($25,000; revised not to exceed $65,000) to provide outside legal services in the matter of Bakersfield Police Officers' Association v. City of Bakersfield, Kern County Superior Court Case No. S-1500-CV-268290 NFT. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On October 12, 2009, the City entered into Agreement No. 09-016 with the law firm of Littler Mendenson for legal representation in the Writ of Mandate lawsuit filed by the Bakersfield Police Officers' Association (BPOA) against the City of Bakersfield. Pursuant to the ruling in the Writ of Mandate case, the City Council held an impasse hearing. Subsequently, BPOA filed a supplemental petition for writ of mandate alleging that the City was required to impose its last, best, and final offer. In order to allow the law firm of Littler Mendelson to continue its representation of the City, Agreement No. 09-016 must allow for additional compensation. Staff is recommending that City Council approve the attached Amendment to the existing contract which provides for an additional $25,000, bringing the total amount of the contract not to exceed $65,000. VG:Isc S:\C0UNCIL\Admins\10-11 Admins\AttyAgr09-016Amd1.LittlerMendelson.dot November 5, 2010, 11:44AM T A ADMINISTRATIVE REPORT MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson Smith, Finance Director DEPARTMENT HEAD DATE: November 3, 2010 CITY ATTORNEY CITY MANAGER ICJ SUBJECT: Amendment No. 2 to Agreement No. 08-208 with Precision Fertilizer Spreading extending the term for one (1) year (zero dollar increase) for the annual contract for hauling and spreading biosolids. (Wards 1, 6) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On November 19, 2008, Council approved the annual contract for hauling and spreading biosolids to Precision Fertilizer Spreading, in the amount of $110,250; renewable annually thereafter for four (4) consecutive one-year periods. On December 16, 2009, Council executed Amendment No. 1 adding $247,000 for a revised not to exceed amount of $357,250 and extending the term one year. If approved, Amendment No. 2 will add an additional year extending the agreement to expire in November 2011. Extending the Agreement allows the City to continue performing this necessary and specialized service. Funds are available in the Wastewater Enterprise Fund for this service. No General Fund dollars will be used for this service. Purchasing Division/ch S:IPURCHWDMINWmendments 10-11~Amendment #2 to Agreement 08-208, Precision Fertilizer Spreading, AC Hauling and Spreading of Biosolids, November 17, 2010.docac BA ~ OF ytOMYOR~r~,O ' J ADMINISTRATIVE REPORT cEVIL~ ~1F0 MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: 8. r, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 2, 2010 Reject all bids for Install Traffic Signal Interconnect - Part 8 (Wards 1, 2, 3, 4, & 7). AP ROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: This project consists of installing traffic signal interconnect conduit and wiring along various streets within the City of Bakersfield. With this new interconnect installed, traffic signal timing along these segments can be optimized to improve traffic flow and improve air quality by reducing vehicle pollutants. This traffic signal interconnect project is funded predominately with federal Congestion Mitigation and Air Quality Program (CMAQ) funds. The federal portion of this project is 88.53%. The local match of 11.47% will be funded with gas tax revenues. The Engineer's Estimate for this project is $680,000. On September 24, 2010, a total of four bids were received. MGE Underground 816 26th Street Bakersfield, CA 93446 in the amount of $675,575.00 Traffic Development Services 4215 Tierra Revada Rd. Moorpark, CA 93021 in the amount of $711,758.00 Loop Electric 7040 Downing Ave. Bakersfield, CA 93308 in the amount of $791,417.00 A-C Electric Company 2921 Hangar Way Bakersfield, CA 93308 in the amount of $836,487.50 This project is funded with FHWA funds and as a condition of receiving these funds, the City implemented the Caltrans' Disadvantaged Business Enterprise Program, commonly referred to as November 2, 2010, 1:53PM G:\GROUPDATWDMINRPTWDMINFORM.doc ADMINISTRATIVE REPORT the DBE Program. The DBE Program is based on federal regulations mandated by the United States Department of Transportation (DOT). It is the policy of the City of Bakersfield to ensure that DBEs, as defined in these federal regulations, have an equal opportunity to receive and participate in DOT-assisted contracts. Staff inadvertently included an outdated Caltrans DBE form in the bid package which generated some confusion. Therefore, staff recommends rejecting all bids. This project will be rebid with the proper DBE forms. JU TOK203, CML5109(164) November 2, 2010, 1:53PM G:\GROUPDATIADMINRPT\ADM INFORM.doc MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director October 8, 2010 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER_ 4 SUBJECT: Reject all bids for the Piping Materials and Butterfly Valves for the Stine Road Finished Water Pipeline. (Ward 6) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Staff will re-evaluate the needs for this project at a future date. Purchasing Division kb & PURMADMINWdmin 10-1 Meject Bids - Piping Matls and Butterfly Valves, 10-11-18, November 17, 2010.docn A ~F ~coaot,r~~s ADMINISTRATIVE REPORT C ''bier u~ /FO MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Department DEPARTMENT HEAD DATE: November 1, 2010 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve contract with West Coast Structures, Inc. ($282,712.97) for bridge rehabilitation projects: Manor Street at Carrier Canal and Union Avenue Overhead at UPRR, (Wards 2 and 3). RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract BACKGROUND: Periodic bridge inspections are performed by Caltrans staff and the results of the inspections are submitted to the City for bridges located within City limits. As a result of the inspection recommendations, the City hired a design consultant to produce bid documents for bridge rehabilitation design at two locations: 1) Manor Street at Carrier Canal; and, 2) Union Avenue Overhead at Union Pacific Railroad. Since there will be some construction adjacent to the Kern Island Canal, it would be advantageous to begin construction operations in coordination with the normal maintenance period of the canal (mid December to the end of December). To enhance safety to the traveling public during this construction, a detour around the Manor Street site is planned as part of this project. The Engineer's Estimate was $335,000. Sufficient funds are budgeted to cover this contract. The project was advertised on October 7, 2010. On October 28, 2010, a total of two bids were received; both bids are acceptable. Those acceptable bids are as follows: West Coast Structures, Inc. 6005 Tyler Street Riverside, CA 92503 in amount of $282,712.97 Peterson-Chase, General Engineering Construction, Inc. 1792 Kaiser Avenue Irvine, CA 92614 in amount of $366,690.00 There is no General Fund impact associated with these projects. REB G:\GROUPDAT\ADMINRPT\2010\11-17\Admin Report -Bridge Rehabilitation Project.doc City Project No: T8K128; T8K129 BA A O~ytOWOAAT ADMINISTRATIVE REPORT r~ c L1F0 MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: November 4, 2010 SUBJECT: City in the Hills Park (Ward 3): APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 1. Accept Base Bid only and approve contract with Elite Landscaping, Inc. ($1,598,000.00) for the project. 2. Appropriate $597,200 Park Development Fees to the Recreation and Parks Department's Capital Improvement Budget within the Park Improvement Fund (Zone 3). RECOMMENDATION: Staff recommends acceptance of low Base Bid and approval of contract and appropriation. BACKGROUND: This project includes construction of an approximately 9 acre neighborhood park, City in the Hills Park, located on the north side of City Hills Drive at Conteria Drive. This park includes tennis courts, basketball courts, sand volleyball courts, children's playground, picnic facilities, shade structure, safety lighting, outdoor exercise equipment, and a perimeter walking path. The engineer's estimate for this project was $1,500,000 for the Base Bid. This project will be funded entirely from the Park Improvement Fund. Currently, $1,150,000 is appropriated for this project from Fiscal Year 2007-08. Staff recommends an additional $597,200 appropriation for this project into the Recreation and Parks Department's Capital Improvement Budget in order to fully fund the Base Bid and potential change orders. There is no General Fund impact associated with this appropriation. The project's bid documents include a Base Bid and one Additive Alternate. All of the park's amenities are included in the Base Bid. The additive alternate, if included in the awarded contract, would result in construction of a rubberized material surface throughout all of the playground area. Without this Additive Alternate, the rubberized material surface will be used only within close proximity to the playground equipment and sand will be used as the surface material in the center portion of the playground area. On October 28, 2010, eight bids were received; all of those bids are acceptable. Those acceptable bids are as follows: Elite Landscaping, Inc. 2972 Larkin Avenue Clovis, CA 93612 Base Bid in the amount of $1,598,000.00 November 5, 2010, 9:03AM GAGROUPDATMMINRPT\2010\11-17\Admin Rpt City in the Hills P8C227.docx ADMINISTRATIVE REPORT Omega Construction 16500 Barton Lane Bakersfield, CA 93314 (County) Kern Pacific Construction 4001 Patton Way # 1 Bakersfield, CA 93308 (City) S.C. Anderson 2160 Mars Court Bakersfield, CA 93308 (County) JTS Construction 7001 McDivitt Drive, Suite B Bakersfield, CA 93313 (City) Gothic Landscaping, Inc. 27502 Ave Scott Valencia, CA 91355 John Madonna Construction 12165 Los Osos Valley Road San Luis Obispo, CA 93405 Kubly Golf Course Construction 8970 East Raintree, Suite 300 Scottsdale, AZ 85260 PW /Design Engineering: ADR P8C227 Base Bid in the amount of $1,650,000.00 Base Bid in the amount of $1,729,000.00 Base Bid in the amount of $1,834,000.00 Base Bid in the amount of $1,847,500.00 Base Bid it the amount of $2,010,263.00 Base Bid in the amount of $2,125,000.00 Base Bid in the amount of $2,665,589.00 November 5, 2010, 9:03AM GAGR0UPDATWDMINRPT12010111-17\Admin Rpt City in the Hills P8C227.docx MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: $ . V, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 5, 2010 APPROVED DEPARTMENT HEAD d~ CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and approve annual contract for the supply of dewatering polymers to Hercules, Incorporated (Ashland) in the amount of $540,276.83 for the Public Works Department, Wastewater Division Plant #3. (Ward 6) RECOMMENDATION: Staff recommends acceptance of bid and approval of contract BACKGROUND: Invitations to bid were sent to over three hundred (300) suppliers for the Contract for Dewatering Polymers. Four (4) bids were received in response to the solicitation. The terms and conditions of the bid required suppliers to submit samples of their polymers to the Wastewater Treatment plant for testing to determine the best dewatering polymer for the City's use. Samples were tested to evaluate performance requirements for cake dryness and capture of suspended solids. The only bidder to meet the minimum 95% capture of suspended solids was. Hercules, Incorporated (Ashland). The consequences of using a polymer with lower suspended solids capture would result in a re-treatment process which significantly increases the cost to the City because we would have to use twice as much product to get the required result. Staff recommends approval of the contract to Hercules Incorporated (Ashland) as the most cost effective supplier and providing for the lowest net cost to the city for dewatering polymers. The contract is renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Sufficient funds are available in the Sewer Enterprise Fund for this contract. The four (4) bids received are as follows: BIDDER A NT Polydyne, Inc., Riceboro, GA $394,366.66 LAB RESULTS (CAPTURE % AVERAGE) 52.27% (unacceptable) DTR Scientific, LLC, Bakersfield, CA $412,703.13 Hercules, Incorporated (Ashland) $540,276.83 Wilmington, DE 55.65% (unacceptable) 95.18% NEO Solutions, Inc., Beaver, PA $552,075.00 30.66% (unacceptable) Purchasing Division S:IPURCHWDMINWdmin 10-11 WC for the Supply of Dewatering Polymers, 10-11-15, November 17, 2010.docx November 5, 2010, 11:1 SAM A ADMINISTRATIVE REPORT MEETING DATE: November 17, 2010 I AGENDA SECTION: Consent Calendar ITEM: 8 , W, TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: November 3, 2010 APPROVED DEPARTMENT HEAD-A6__ CITY ATTORNEY CITY MANAGER- SUBJECT: Accept bids and approve contracts to Falcon Fuels, Inc. ($1,824,000) and Valley Pacific Petroleum Services, Inc. ($1,976,000) for the annual contracts to supply fuel. (Citywide) RECOMMENDATION: Staff recommends acceptance of bids and approval of contracts. BACKGROUND: Invitations to bid were sent to all registered bidders for the supply of fuel. Two (2) bids were received in response to the solicitation. The contracts are renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Terms and conditions of the Invitation to Bid required the suppliers to quote a differential price per gallon for fuel, which represents the suppliers' profit and overhead. Under the annual contract, fuel prices to the City will be based on a variable price (Oil Price Information Service - OPTS) tied to a published index (Petroleum Administration Defense District 5 (PADD) Bakersfield Rack) weekly average of branded and unbranded fuel plus the Supplier's positive or negative price differential. Bidding in this way enabled staff to determine the lowest bidder based on the differential quoted as all of the suppliers' fuel costs have a common base, that of OPIS pricing. Funds are budgeted in the Equipment Management Fund for the majority of this contract. In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the bid on the basis of total bid. In order to get the most favorable pricing, staff recommends, the award be split as follows: BIDDER AMOUNT Falcon Fuels, Inc. $1,824,000 Paramount, California ITEMS GROUP Truck/Trailer (Large Quantity) gasoline loads Valley Pacific Petroleum Services, Inc. $1,976,000 Bakersfield, California Diesel Fuel and (bobtail) Small Quantity gasoline loads A spreadsheet showing the differential pricing is attached. Purchasing Division/kb SAPURCHWDMINWdmin 10-11 WC for Fuel, 10-11-36, November 17, 2010.docx "10=7,>- ,1~ Sy QAf1 ; O u,w•ni„rrn ~ ~ i ADMINISTRATIVE REPORT MEETING DATE: November 17,, 2010 AGENDA SECTION: Consent Calendar ITEM: , X, TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: November 5, 2010 APPROVED DEPARTMENT HEAD / CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $15,000 Other State Shared Revenues from the Kern County Remote Access Network (RAN) to the General Fund Police Operating Budget, to fund overtime for BPD Crime Scene Unit Employees to process latent fingerprints into the AFIS database and clear the backlog of latent print comparisons. RECOMMENDATION: Staff recommends appropriation. BACKGROUND: The California State Department of Justice has established a uniform statewide network (called Remote Access Network or "RAN"), of equipment and procedures allowing local law enforcement agencies direct access to the California Identification System (a statewide telecommunications network dedicated to the transmission of fingerprint identification data in conjunction with Cal-ID for use by law enforcement agencies). To facilitate the RAN throughout the State, each county receives funds collected from DMV motor vehicle fees and court fees/fines. These funds are governed by each county's local RAN board [CA PC 111 12.4(a)], who determines the placement of RAN equipment within all the law enforcement agencies in the County, and coordinates acceptance, delivery, and installation of RAN equipment. The board also develops any procedures necessary to regulate the ongoing use and maintenance of that equipment. The funds may only be used to purchase/maintain related equipment and personnel expenses related to RAN. Each local RAN board is composed of a member of the board of supervisors, the sheriff, the district attorney, the chief of police of the department having the largest number of sworn personnel within the county, a second chief selected by all other police chiefs within the county, a mayor elected by the city selection committee established pursuant to Section 50270 of the Government Code, and a member at large chosen by the other members. DB \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 10-11\ADMIN RPT - (11-24-10) RAN BOARD APPROPRIATION.docx 11/4/2010 3:43 PM Page 1 of 2 ADMINISTRATIVE REPORT Page 2 The Kern County RAN board has allocated $15,000 of their FY2010-11 budget to provide the Bakersfield Police Department (BPD) overtime funds for work completed by BPD Crime Scene Unit employees which directly relates to the Automated Fingerprint Identification System (AFIS) and fingerprint identification. The BPD Crime Scene Unit currently has a backlog of latent prints from various offenses that can be entered into the AFIS database, and a small backlog of latent print comparisons to be completed. Additionally, the BPD will soon be able to enter fingerprint and palm cards into the Kern County Archive. The BPD has thousands of fingerprint and palm cards currently stored in filing cabinets. Once entered into the Kern County Archive, the prints will be accessible through the AFIS system. Db \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 10-11\ADMIN RPT - (11-24-10) RAN BOARD APPROPRIATION.docx 11/4/20103:43 PM F A A ADMINISTRATIVE REPORT 1 MEETING DATE: November 17, 2010 AGENDA SECTION: Consent Calendar ITEM: A k/ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Douglas R. Greener, Fire Chief November 5, 2010 California Emergency Management Agency (Cal EMA) 1. Accept Federal grant for $811,936 for mobile command unit, training, and consultant. 2. Appropriate $811,936 Federal Grant Revenue to the Fire Department Urban Area Security Initiative (UASI) Fund Capital Improvement and Operating Budgets APP ED DEPARTMENT HEA t CITY ATTORNEY CITY MANAGER_ & RECOMMENDATION: Staff recommends approval. BACKGROUND: The California Emergency Management Agency (Cal EMA) has approved the FYI 0 Homeland Security Grant Program in the amount of $811,936. At least 90% of the grant will be used to purchase an inter-agency mobile command unit, which is a state and federal security funding priority. The remaining funds will be used for documented training exercises and a consultant. The UASI mobile command unit is a shared, multi jurisdictional resource, and will be utilized and maintained jointly by various county-wide emergency response agencies including: Bakersfield Fire Department, Bakersfield Police Department, Kern County Fire Department, Kern County Sheriff's Office, and County Emergency Medical Services. This resource is a highly advanced and technologically equipped mobile apparatus that will close an existing unified command gap for mitigation and oversight of major emergencies and disasters. The value in the UASI approach is that a single unit will be purchased for regional use, instead of the alternative of multiple agencies incurring much greater taxpayer costs by purchasing individual agency-specific mobile command units. The UASI mobile command unit will include the latest computer, satellite, dispatching, video, and communications technologies critical for unified on-scene incident command during multi- jurisdictional emergencies and disasters. The UASI mobile command unit will be configured on a durable, heavy-duty emergency response apparatus platform, and will have an effective life- span similar to or greater than that of other Fire Department emergency response apparatus. November 8, 2010, 11:37AM S:\Susan Chichester\Admin Report Word\UASI Admin Report.docx ~ oFw~B o.KEk 16 ADMINISTRATIVE REPORT `~LIF MEETING DATE: November 17, 2010 AGENDA SECTION: Hearings ITEM: ( 0 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 5, 2010 Resolution of the City of Bakersfield Adopting the Amended Panama and Union Planned Sewer Area fee schedule and boundary. (Ward 1) APPROVED DEPARTMENT HEAD CITY ATTORNEY D,,. CITY MANAGER ~s.~ RECOMMENDATION: Staff recommends adoption the Resolution. BACKGROUND: On November 3, 2010, the Council adopted Resolution of Intention No. 1677 to amend the Panama and Union Planned Sewer Area boundary and preliminarily approve the amended fee schedule. This hearing is to review a proposed amended fee schedule and boundary to the Panama and Union Planned Sewer Area in the City of Bakersfield, County of Kern, State of California, in order to require the payment of a fee for purposes of defraying the actual or estimated cost of constructing a portion of sewer trunk lines and appurtenant facilities. These facilities serve an area generally bounded by Panama Lane on the north, 3/4 mile east of Cottonwood Road on the east, Union Ave on the west, and Hosking Ave on the south. The proposed amendment would extend the northern boundary generally to the southern boundary of Tentative Tracts 6865 and 7029, 3/4 mile east of Cottonwood Road on the east, Union Avenue on the west, and Hosking Avenue on the south. The amended boundary also eliminates the County area east of Madison Avenue and south of Berkshire Road. The amended fee schedule, the estimated cost of the improvements, and the amended map of the benefitted area are attached hereto as Exhibits "A" and "B", respectively. The proposed amended planned sewer area fee will be collected prior to the issuance of a residential or commercial building permit. Established planned sewer area residents are exempt from the amended fee. Those who apply for a building permit prior to the effective date of this amended resolution will be charged the planned sewer area fee established in Resolution No. 083-07. ps U ~y T A ADMINISTRATIVE REPORT MEETING DATE: November 17, 2010 AGENDA SECTION: Closed Session ITEM: 15.6L , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney October 6, 2010 Public Employee Performance Evaluation - City Attorney Closed session pursuant to Government Code section 54957(b) (1) / 54957.6 APPROVED DEPARTMENT HEAD V4 r-, I CITY ATTORNEY V~ CITY MANAGER VG:Isc S:\COUNCIL\CI Sess\Admins\ 10-1 1\1 1-17-10-CAEva(.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 3, 2010 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. ROLL CALL Present: Mayor Hall, Vice-Mayor Scrivner, Councilmembers Carson, Benham, Weir, Sullivan Absent: Councilmembers Couch, Hanson a. Introduction of student body representatives participating in the 56th consecutive Teen City Government Day. Victoria Nakagawa, Highland High School; Gregory Merrill, Bakersfield Christian High School; Manpreet Sandhu, Ridgeview High School; Evelyn Bugarin, South High School; Raymon Griggs, Stockdale High School; Cody Casillas (absent), Golden Valley High School; Alexandrea Gomez (absent), Frontier High School; Eric Wingate, Bakersfield High School; Tobias Lopez, North High School; Roxy Burke, Foothill High School; Michelle Pham, West High School; Shaun Casey-Reyes, Garces High School; and Faith Valdez (absent), East Bakersfield High School. 2. INVOCATION by Councilmember Carson. 3. PLEDGE OF ALLEGIANCE by Zachary Meier, 1 st grade student at Old River Elementary School. Mayor Hall acknowledged the political science class from Bakersfield College in attendance at the meeting to learn about City government. 4. WORKSHOPS ACTION TAKEN None. Bakersfield, California, November 3, 2010 - Page 2 5. PRESENTATIONS ACTION TAKEN a. Presentation by Mayor Hall of Proclamation to Chris Brewer commemorating the 200th birthday of Col. Thomas Baker, Bakersfield's Founder. Mr. Brewer received the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Daron Hobson declaring November 2010 as National Juvenile Diabetes Month. Mr. Hobson received the Proclamation, made comments, and extended an invitation to attend a walk on Saturday at Yokuts Park at 9:00 a.m. 6. PUBLIC STATEMENTS a. Debbie Spohn, representative of the Southern Sierra Council Boy Scouts of America, extended an invitation to attend a Flag Retirement Event on November 1 1 th, after the Veterans Day Parade, and provided a handout. b. Phyllis Adams, member of the Fox Theater Foundation Board, spoke regarding the Fox Theater's 80th Birthday Celebration on November 12th through 14th, and provided a handout. C. Dr. Charles Phillips spoke regarding the Brown Act, a blog on the internet, and submitted written material. d. Marco Flores spoke regarding the Brown Act and Roberts Rules of Order. 7. APPOINTMENTS None. S. CONSENT CALENDAR Minutes: a. Approval of minutes of the October 13, 2010 Regular City Council Meeting. Bakersfield, California, November 3, 2010 - Page 3 8. CONSENT CALENDAR continued Payments: b. Approval of department payments from October 2, 2010 to October 21, 2010 in the amount of $24,744,638.62 and self-insurance payments from October 2, 2010 to October 21, 2010 in the amount of $313,219.46. Ordinances: C. First Reading of Ordinance amending Chapter 15.65 of the Municipal Code relating to the Fire Code. d. First Reading of the following Ordinances: 1. Amending Section 2.84.570 relating employee sick leave payment. 2. Amending Section 8.32.060 relating to solid waste billing. 3. Amending Section 12.16.150 relating to construction work in streets. 4. Amending Section 14.04.240 relating to water service connections. 5. Amending Sections 16.16.050 and 16.16.060 relating to tentative maps. 6. Amending Section 16.32.060 relating to tract map improvements. 7. Amending Section 17.71.020 relating to outdoor lighting. Resolutions: e. Resolution setting the dates of Regular City Council Meetings, Budget Hearings and Department Presentations for January through December 2011. Resolution determining that Chart LNG vehicle tanks for Bridgeport Ranger automated side loader bodies cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof not to exceed the budgeted amount of $60,000. ACTION TAKEN ABS WEIR FR FR FR FR FR FR FR FR RES 124-10 RES 125-10 Bakersfield, California, November 3, 2010 - Page 4 8. CONSENT CALENDAR continued g. Resolutions approving application proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 620 consisting of 50.29 acres located along the north side of Rosedale Highway generally between Calloway Drive and Verdugo Lane. 2. Annexation No. 627 consisting of 4.78 acres located along the east side of Stine Road generally between McKee Road and Taft Highway. 3. Annexation No. 632 consisting of 167.95 acres located along the south side of Seventh Standard Road between the Calloway Canal and Allen Road. h. 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 authorize collection of the assessments by the Kern County Tax Collector. i. Resolution adopting an amended Conflict of Interest Code for City Departments. Resolution to add territory, Area 4-98 (2116 P Street & 900 22nd Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. k. Resolution of Intention No. 1679 to add territory, Area 4-97 (2505 Haley Street) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report. Resolution of Intention No. 1677 to amend the Panama and Union Planned Sewer Area boundary and preliminarily approve the cost and fee schedule. ACTION TAKEN RES 126-10 RES 127-10 RES 128-10 RES 129-10 RES 130-10 RES 131-10 ROI 1679 ROI 1677 Bakersfield, California, November 3, 2010 - Page 5 8. CONSENT CALENDAR continued M. Resolution of Intention No. 1678 to order the vacation of Hopper Court between Union Avenue Loop west to the Southern Pacific Railroad tracks. Agreements: n. Environmental Impact Report (EIR) for the Kern River Project: 1. Agreement with Horizon Water and Environmental, LLC (not to exceed $600,000) to assist Water Department staff with processing the EIR. 2. Appropriation $300,000 from the Domestic Water Fund balance and $300,000 from the Agricultural Water Fund balance within the Water Resources Capital Improvement Budget to fund the EIR. o. Agreement with Advanced Earth Sciences, Inc. ($450,000) for geotechnical services supporting construction of the Bakersfield Landfill Closure Project. P. License Agreement with American Youth Soccer Organization (AYSO), Region 73, for use of soccer fields at Sports Village (Phase 1) located on the north side of Taft Highway, east of Ashe Road and west of Gosford Road. q. Amendment No. 1 to Agreement No. 09-171 with Amber Chemical, Inc. ($75,000; revised not to exceed $150,000 and extending term one year) to supply pool chemicals. r. Contract Change Order No. 6 to Agreement No. 09-121 with Klassen Corp. ($22,079; revised not to exceed $6,843,376.57) for the Sports Village Phase I Project. S. Contract Change Order No. 2 to Agreement No. 09-1 13 with Kern Pacific Construction ($99,500; revised not to exceed $3,229,728.59) for the Mesa Marin Sports Complex Project. ACTION TAKEN R01 1678 AGR 10-154 AGR 10-155 AGR 10-156 AGR 09-171(1) AGR 09-121 0006 AGR 09-113 0002 Bakersfield, California, November 3, 2010 - Page 6 8. CONSENT CALENDAR continued Contract Change Order No. 75 to Agreement No. 07-304 with Security Paving Construction ($64,696.38; revised not to exceed $32,983,349.70) for the State Route 178 and Fairfax Road Interchange Project. (TRIP) Bids: U. Accept bid and approve contract with J & M Land Restoration, Inc. ($60,324.47) for Allen Road Bridge Over Kern River Revegetation Project. V. Accept Base Bid and Additive Alternate and approve contract with A-C Electric Co. ($144,001.25) for the Traffic Signal and Light System Installation at the Intersection of Planz Road at Agate Street Project. W. Accept Base Bid and Selective Bid Alternate No. 1 and approve contract to Griffith Co. ($71,554) for Street Improvements on Wible Road and Arvin-Edison Canal North 180 Feet Project. X. Accept bids from En Pointe Technologies Sales, Inc. ($4,015.72) and EDX Information Systems, Inc. ($40,044.67) for 15 Panasonic mobile data computers for the Police and Information Technology Departments. Y. Traffic signal and lighting system installation on Hosking Avenue at South H Street: 1. Accept bid and approve contract with Loop Electric, Inc. ($197,854.26) for project. 2. Appropriate $55,997 Federal Congestion Mitigation Air Quality funds to the Public Works Department Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $25,000 Transportation Development Fund balance to the Public Works Department Capital Improvement Budget. ACTION TAKEN AGR 07-304 00075 AGR 10-157 AGR 10-158 AGR 10-159 AGR 10-160 Bakersfield, California, November 3, 2010 - Page 7 8 CONSENT CALENDAR continued ACTION TAKEN 9. 10. 11. 12. Z. Accept bid from Wesco Distribution ($898,961.04) for energy efficient lighting for Q Street landscape improvements from Truxtun Avenue to 24th Street for the Engineering Division. aa. Accept bid from Resource Machinery & Engineering, LLC ($518,301) for one replacement compost 20 foot windrow turner for the Solid Waste Division. bb. Accept bids from ADM Supplies, Inc. ($10,476.69), Western Pacific Signal ($16,079.57) and McCain, Inc. ($66,897.98) for signal equipment. Councilmember Weir announced he would abstain due to conflict of interest, source of income to himself, on item 8.b. Motion by Vice-Mayor Scrivner to adopt Consent Calendar items 8.a. through 8.bb. CONSENT CALENDAR PUBLIC HEARINGS None. CLOSED SESSION None. CLOSED SESSION ACTION None. HEARINGS a. Public Hearing to consider First Reading of Ordinance amending Sections 15.04, 15.05, 15.07, 15.09, 15.11, 15.13, 15.15 and adding Sections 15.17 and 15.19 of the Building and Construction Codes, specifically the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code and California Green Building Code. Building Director Burns made staff comments. APPROVED AB COUCH, HANSON FR Bakersfield, California, November 3, 2010 - Page 8 12. HEARINGS continued Item 12.a. continued ACTION TAKEN 13. 14. 15. Hearing opened at 5:59 p.m. No one spoke. Hearing closed at 6:00 p.m. Motion by Vice-Mayor Scrivner to give first reading to the Ordinance. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS None. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Benham advised she received a complaint regarding large trucks parking in the alley behind Spruce Street and Jacaranda, allowing no space for emergency vehicles and inadequate room for residents to exit, and asked staff to review for a possible change in the parking regulations and report back. Councilmember Benham requested staff patrol the area of 16th Street at the Oak Street overpass for vagrants and trash; and submitted a letter and photographs. Councilmember Carson invited the public to join her and other Councilmembers at the groundbreaking ceremony for South Mill Creek, a new affordable housing project, on Wednesday, November 17th, at 2:00 p.m. Mayor Hall recognized the Solid Waste Division and General Services for their efforts with the Make A Difference Day event on October 23rd, involving 2,000 volunteers; and commended the Police Department Traffic Division for increasing its policing of uncovered loads at the Greenwaste facility. APPROVED AB COUCH, HANSON Bakersfield, California, November 3, 2010 - Page 9 17. ADJOURNMENT Mayor Hall adjourned the meeting at 6:05 p.m. MAYOR of the City of Bakersfield, CA ATTEST: ACTION TAKEN CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield