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HomeMy WebLinkAbout02/01/12_CC_AGENDA_PACKET1* BAKERSFIELD CITY COUNCIL AGENDA MEETING OF FEBRUARY 1, 2012 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 Minister Sean Battle, St. John Missionary Baptist Church. 3. PLEDGE OF ALLEGIANCE by Ruby Ayala, 3rd grade student at Golden Oak Elementary School. 4. PRESENTATIONS: a. Presentation by Mayor Hall of a Certificate of Appreciation to Lindsay and Steven Bentley acknowledging their selection as the Yard of the Quarter recipients. b. Presentation by Mayor Hall of a retirement plaque and gift certificate to Carlos Tijerina. C. Presentation by Mayor Hall of a Proclamation declaring February 1, 2012, Bakersfield Redevelopment Day, as well as individual Certificates of Appreciation to Agency members. 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS (Ward 4) a. One appointment to the Keep Bakersfield Beautiful Committee, due to the resignation of Jennifer Jordan, whose term expires November, 2014. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 11, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from December 30, 2011 to January 19, 2012 in the amount of $16,256,815.64, self-insurance payments from December 30, 2011 to January 19, 2012 in the amount of $361,773.14, totaling $16,618,588.78. 8. CONSENT CALENDAR continued Ordinances: Resolutions: C. 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 authorizing collection of the assessments by the Kern County Tax Collector. (Ward 4) d. Sewer connection and construction fee assessments: 1. Resolution confirming assessments for sewer connection and construction fees and authorizing collection of assessments by the Kern County Tax Collector. 2. Agreements with the following property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector. a. John S. & Elaine M. Thompson, 7904 Hooper Ave. b. Robert L. & Teresa R. Wasson, 7905 Hooper Ave. C. Timothy & Rhonda L. Roshau, 7908 Hooper Ave. d. Gil & Kimberly Schmidt, 7909 Hooper Ave. e. Douglas G. & Janet E. Schmidt, 8000 Hooper Ave. f. Charles H. & Donna J. Braughton, 8001 Hooper Ave. (Ward 4) e. Resolution to add territory, Area 2-49 (southeast corner of Stockdale Highway & Nord Road) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report and authorizing collection of the assessments by the Kern County Tax Collector. (Ward 6) f. Resolution to add territory, Area 3-83 (5500 Woodmere Drive) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report and authorizing collection of the assessments by the Kern County Tax Collector. Agreements: g. Amendment No. 3 to Agreement No. 03-310 for employment of Virginia Gennaro as City Attorney. (Ward 6) h. Contract Change Order Nos. 2 through 5 to Agreement No. 10 -153 with Griffith Company ($98,675.48; revised not to exceed $2,903,565.96) for Street Improvements, Gosford Road from Taff Highway to McCutchen Road Project. (Ward 2) i. Contract Change Order No. 8 to Agreement No. 10-168 with Security Paving Inc. ($40,000; revised not to exceed $22,222,081.45) for the construction of the Westside Parkway Phase 4 Project. (TRIP) (Ward 6) j. Contract Change Order No. 2 to Agreement No. 11-078 with Granite Construction ($33,657.64; revised not to exceed $1,782,494.64) for Pavement Rehabilitation Phase 2 - Stine Road from Pacheco Road to White Lane Project. City Council Meeting of 02/1/2012 8. CONSENT CALENDAR continued Bids: (Word 127) k. Accept bid and approve contract with Southern Hemisphere Shades, Inc. for Dr. Martin Luther King Jr., Jefferson, Planz, and Lowell Parks Playground Shade Structure Projects. (Word 4) I. Accept bid and approve contract with Kern Asphalt Paving & Sealing Co., Inc. ($315,726.19) for street widening north and west of Allen and Brimhall roads intersection. M. Accept bid from Gibbs International Trucks, Inc., ($448,880.73) for three dump trucks to replace refuse roll off trucks used by the Public Works Department, Solid Waste Division. n. Accept bids from McCain Inc., ($96,853.74) and DDL Traffic, Inc. ($10,349.63) for traffic signal equipment, totaling $107,203.38. (Ward 2) o. Storage Area Network (SAN) and servers for the Police Department: 1. Accept bid from Peacock Systems ($45,439.68) for one SAN and three servers. 2. Appropriate $45,440 Equipment Management Fund Balance to the Information Technologies budget within the Equipment Management Fund for the purchase of SAN and servers. Miscellaneous: P. Authorize one new Deputy City Attorney 1/11 position in the City Attorney's Office. q. Mid-year Budget Adjustments: Appropriate $447,700 General Fund Balance and appropriate $40,800 Special Revenue and Enterprise Fund Balance to various departmental operating budgets for salary increases recently approved for General Supervisory, Management, Police Sergeants and Fire personnel. (Ward 6) 2. Appropriate $500,000 State Farm naming rights revenue within the Capital Outlay Fund for capital improvements to the State Farm Sports Village complex. 3. Appropriate $760,000 Equipment Management Fund Balance to the Equipment Fund Operating Budget for additional costs related to repair, maintenance, fuel and equipment parts. Staff recommends adoption of Consent Calendar items 8.a. through 8q. 9. CONSENT CALENDAR PUBLIC HEARINGS 10. CLOSED SESSION 11. CLOSED SESSION ACTION 3 City Council Meeting of 02/1 /2012 12. HEARINGS a. Public Hearing to consider Resolution establishing Underground Utility District No. 2, Division 35 (Wible Road - Panama Lane to Berkshire Road). Staff recommends overriding protests and adoption of Resolution. 13. REPORTS 14. DEFERRED BUSINESS 15. NEW BUSINESS 16. SUCCESSOR AGENCY BUSINESS a. Amended Enforceable Obligation Payment Schedule per AB26-Section 34167 and 34169. Staff recommends adoption, b. Budgetary and Accounting Actions for City to act as Successor Agency for the dissolved Bakersfield Redevelopment Agency and related Redevelopment Housing Activities: Authorize creation of required Redevelopment Obligation Retirement Funds as Successor Agency to the dissolved Bakersfield Redevelopment Agency. 2. Authorize name change of the former Bakersfield Redevelopment Agency Debt Service, Operating and Housing Funds to the City of Bakersfield Successor Agency Debt Service, Operating and Housing Funds effective February 1, 2012. 3. Authorize transfer of all former Bakersfield Redevelopment Agency assets and liabilities to the respective Successor Agency Funds. 4. Authorize transfer remaining appropriations of approximately $21,059,885 from the Redevelopment Agency Debt Service, Operating and Housing Funds to the respective Successor Agency Funds to facilitate payment of Enforceable Obligations through June 30, 2012. Staff recommends approval. 17. COUNCIL AND MAYOR STATEMENTS 18. ADJOURNMENT Respectfully submitted, qj-t 4 ~ I JAI an Alan Tandy City Manager 1/26/12 2:14 pm 4 City Council Meeting of 02/1/2012 AGENDA HIGHLIGHTS February 1, 2012 COUNCIL MEETING REGULAR MEETING - 5:15 P.M. There will be one appointment to the Keep Bakersfield Beautiful Committee. Item 8s. Mid-Year Budget Adjustments. As a result of the Council action taken on November 16, 2011 to approve salary Increases for Supervisory, Management, Police Sergeants, and fire employees, an appropriation is requested for $447,700 of General Fund Balance and $40,800 of Special Revenue and Enterprise Fund balance to various departmental operating budgets. On December 14, 2011, Council approved the naming rights agreement with State Farm Insurance for the Sports Village in the amount of $500,000. Appropriation of $500,000 In anticipated revenues in the Capital Outlay Fund is requested; the funds will be used for capital Improvements at the facility. Lastly, an appropriation of $760,000 from the Equipment Management Fund Balance to the Equipment Fund Operating Balance is requested because of higher than anticipated costs for repair, maintenance, parts, and fuel. Budgetary constraints in recent years have necessitated the deferral of vehicle replacement in Fleet, which has resulted In these higher associated costs, and the Increased cost of fuel is also a factor. SUCCESSOR AGENCY BUSINESS The State actions that have resulted in the end of Redevelopment Agencies, have, In turn, created many complexities for the "successor agencies" that must Interpret and comply with the related dissolution processes. Both the County and the State will be involved, as well as an Oversight Board, which will consist of representatives from several organisations. There are numerous aspects of the law that are ambiguous and could create practical problems and/or potential financial liability as we move forward with the mandated actions. There is no choice in the matter. Bad law and poor court decisions simply have the potential for negative consequences. Beginning with this agenda, there will now be a separate category for the City Council to address those specific Items that require action by the City as the Successor Agency to the Redevelopment Agency. There are two such Items on this agenda, as follows: Item 16a. Adoption of the Amended Enforcement Obligation Payment Schedule. In August 2011, the RDA adopted an "Enforceable Obligation Payment Schedule" (EOPS), required by the State as part of the redevelopment dissolution process. The action on this agenda requests Council approval for the City, as the Successor Agency to the RDA, to adopt an Amended EOPS, which the regulations allow. Staff has modified the original schedule to Include all of the public Infrastructure projects and residential developments that are obligated under the State Prop 1 C Grant Agreement, which Include five affordable residential projects and five Infrastructure projects in various areas of the Mill Creek Infill Area, as further described in the Administrative report. The City, as Successor Agency, can only pay the obligations Identified on the EOPS, which will be In effect for an Interim period through the end of FY 2011/12, In addition, on the February 15th agenda, there will be an agenda Item to approve a new schedule, to be known as the formal "Recognized Obligation Payment Schedule"(BOPS), which subsequently must be certified and approved by the Oversight Board and transmitted to the State Department of Finance. The draft of the first BOPS for the payment period of January 1 through June 30, 2012, is required to be submitted to the County Auditor Controller no later than March 1, 2012. The City, as Successor Agency, will then be required to submit the ROPS every six months for the Oversight Board to certify and transmit to the State. Item 16b. Budget and Accounting Actions for the City to act as the Successor Agency to the Redevelopment Agency and Redevelopment Housing Agency. This Item requests Council approval of several actions that are necessary to close out the books of the RDA as of February 1, 2012. The new State law requires the city to create a "Redevelopment Obligation Retirement Fund" to take in the allocations the City, as Successor Agency, will use to pay the former RDA obligations, as detailed on the Enforceable Obligation Payment Schedule. (Adoption of the EOPS Is a separate, but related action, under Item 16a., as summarized above.) Council action for this Item will authorize the necessary financial actions to create the new fund and transfer the RDA assets and liabilities to the Successor Agency Funds. Also Included is a request to transfer approximately $21,059,885 in appropriations from the RDA Funds to the Successor Agency Funds. Approved: Alan Tandy, City Manager -47 cc; Department Heads City Manager's File City Clerk's File News Media File Agenda Highlights - February 1, 2012 Council Meeting Page 2 BA ADMINISTRATIVE REPORT LNO MEETING DATE: February 1, 2012 AGENDA SECTION: Presentations ITEM: 4.4. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall January 19, 2012 CITY MANAGER- ZJ Presentation by Mayor Hall of a Certificate of Appreciation to Lindsay and Steven Bentley acknowledging their selection as the Yard of the Quarter recipients. APPROVED DEPARTMENT HEA 4 CITY ATTORNEY RECOMMENDATION: BACKGROUND: krt ADMINISTRATIVE REPORT S0) MEETING DATE: February 1, 2012 AGENDA SECTION: Presentations ITEM: N. b. TO: Honorable Mayor and City Council FROM: Christi Tenter, Human Resources Manager DATE: January 4, 2012 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER , SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and City Giff Certificate to Carlos Tijerina RECOMMENDATION: BACKGROUND: Mayor Hall will make presentation to: Carlos Tijerina 33.00 years of service February 4, 2012 Retirement date BA CP1roR4 ADMINISTRATIVE REPORT ~ 'mow a~ /FO MEETING DATE: February 1, 2012 AGENDA SECTION: Presentations ITEM: 4, C. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: January 19, 2012 APPROVED DEPARTMENT HEA CITY ATTORNEY CITY MANAGER- )CS SUBJECT: Presentation by Mayor Hall of a Proclamation declaring February 1, 2012 "Bakersfield Redevelopment Agency Day" in our city, as well as individual Certificates of Appreciation to Agency members honoring their service to the city. RECOMMENDATION: BACKGROUND: krt MEETING DATE: February 1, 2012 AGENDA SECTION: Appointments ITEM: 1, A. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk January 26, 2012 One appointment to the Keep Bakersfield Beautiful Committee, due to the resignation of Jennifer Jordan (Ward 4), whose term was to expire November, 2014, APPROVED DEPARTMENT HEAD CITY ATTORNEY y6 CITY MANAGER ~e RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one vacancy for a Regular Member on the Keep Bakersfield Beautiful Committee (KBBC) due to the resignation of Jennifer Jordan (Ward 4), whose term was to expire November, 2014. Applications for appointment have been received from the following: • Amber Beeson • Brenda Ratliff The Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The Committee is comprised of eight (8) Mayor/Council-appointed members, who take on the responsibility of decision making for the beautification program. On July 30, 2009, the City Council adopted Ordinance 4520 which allows each Counclimember and the Mayor to appoint one Alternate member to the KBBC. Each Alternate is allowed to vote In the place of their corresponding appointed Regular Committee members when absent. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the Mission Statement of the KBBC, as reflected In Its Bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC Mission Statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council, and shall provide the Council, upon request, written reports on the activities of the KBBC, The news release for this recruitment was posted on December 9, 2011. January 26, 2012, 11:03AM V:\Bds&Comm\KBBC\2012Wdm1n - Ward 4 appt - Feb 2012.docx Page 1 Mal MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Roberta Gafford, City Clerk January 20, 2012 Approval of Minutes of the January 11, 2012 Regular City Council Meeting. APPROVED DEPARTMENT HEAD) CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends approval. BACKGROUND: ndw MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: 8, , TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: January 25, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGERS _ SUBJECT: Receive and file department payments from December 30, 2011 to January 19, 2012 in the amount of $16,256,815.64, Self Insurance payments from December 30, 2011 to January 19, 2012 in the amount of $361,773.14, totaling $16,618,588.78. RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: January 25, 2012, 9:44AM SAKim GWDMIN\COUNCIL-ADMIN-AP-2012\ADMIN-AP 020112Rev.doc A O ADMINISTRATIVE REPORT c MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM $ C„ TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DATE: January 12, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY 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 authorizing collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on January 9, 2012, 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 /Counclimember Salas 1. 508 S. Haley Street 019-101-06 $ 105.00 2. 716 S. Haley Street 019-111-04 $ 105.00 3. 7201/2S. Haley Street 019-111-03 $ 105.00 4. 111 Hayes Street 018-340-15 $ 698.00 5. 8 Kincaid Street 018-170-09 $ 650.00 6. 13 Kincaid Street 018-180-27 $ 640.00 7. 201 Kincaid Street 018-200-11 $ 650.00 January 12, 2012, 9:03AM/kd SADana\ADMrNS\2012\FEB\2-1-Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 1 /Counciimember Salas 8. 724 Kingscross Avenue 413-173-02 $ 105.00 9. 1128 Kyner Avenue 412-171-23 $ 600.00 10. 428 L Street 009-450-01 $ 300.00 11. 213 Lois Lane 412-072-04 $ 300.00 12. 1409 O'Neill Avenue 412-212-03 $ 300.00 13. 16 S. Owens Street 018-250-10 $ 105.00 14. 308 S. Owens Street 018-220-40 $ 300.00 15. 1422 E. 9th Street 018-061-18 $ 1,189.00 Ward 2/Counciimember Benham 16. 131 Bernard Street 012-021-08 $ 300.00 17. 518 Haley Street 017-230-16 $ 656.00 18. 316 Holtby Road 008-191-15 $ 105.00 19. 3001 Jacaranda Drive 001-371-22 $ 877.00 20. 3212 Mulberry Drive 001-381-17 $ 725.00 21. 1301 Pacific Street 015-110-13 $ 600.00 22. 2325 Verde Street 008-283-03 $ 657.00 23. 2324 1St Street 008-283-23 $ 702.00 24. 409 17th Street 006-131-05 $ 700.00 25. 1427 E. 18th Street 017-220-07 $ 1,099.00 26. 830 251h Street 005-151-03 $ 698.00 Ward 3/Counciimember Weir 27. 2705 Arnold Street 021-402-16 $ 105.00 28. 6101 Auburn Oaks Drive 438-285-01 $ 1,180.00 29. 13304 Carpaccio Lane 386-334-02 $ 300.00 30. 11 107 Cart Court 533-061-06 $ 825.00 31. 5805 Fairfax Road 439-090-08 $ 670.00 32. 2800 Pomona Street 021-361-07 $ 780.00 Ward 4/Counciimember Couch 33. 11500 Pacific Harbor Avenue 527-361-02 $ 300.00 January 12, 2012, 9:03AM/kd SADana\ADMINS\2012\FEB\2-I-Property Abatement.docx ADMINISTRATIVE REPORT PROPERTY LOCATION APN COST Ward 5/Counciimember Hanson 34. 10609 Camino El Canon 394-053-05 $ 105.00 Ward 6/Coucllmember Sullivan 35. 5808 Appletree Lane 355-301-05 $ 105.00 36. 6020 Autumn Crest Drive 499-211-03 $ 105.00 37. 6612 Baykirk Street 498-711-11 $ 300.00 38. 223 Blomquist Drive 149-164-04 $ 300.00 39. 225 Blomquist Drive 149-164-03 $ 300.00 40. 6601 Hazelnut Court 498-142-19 $ 750.00 41. 700 Hogan Way 194-264-09 $ 600.00 Ward 7/Counciimember Johnson 42. 4341 Balboa Drive 171-183-05 $ 1,386.00 43. 4420 Balboa Drive 171-182-11 $ 1,087.00 44. 6012 Cedar Glen Lane 371-260-32 $ 105.00 45. 3102 Evans Way 515-052-01 $ 680.00 46. 5804 Lenz Court 413-103-11 $ 105.00 47. 2626 Ming Avenue 148-230-17 $ 785.00 48. 6915 Whisenant Street 516-411-05 $ 1,090.00 49. NEC Wible Road & Berkshire Road 515-010-09 $ 1,080.00 50. 6640 Wible Road 515-010-03 $ 105.00 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 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. January 12, 2012, 9:03AM/kd S:\Dana\ADMINS\2012\FEB\2-1-Property Abatement.docx MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 12, 2012 Sewer connection and construction fee assessments (Ward 4): 1. Resolution confirming assessments for sewer connection and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with the property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector. A notice of special assessment lien will be placed on the property: a. John S. & Elaine M. Thompson 7904 Hooper Avenue b. Robert L. & Teresa R. Wasson 7905 Hooper Avenue c. Timothy & Rhonda L. Roshau 7908 Hooper Avenue d. Gil & Kimberly Schmidt 7909 Hooper Avenue e. Douglas G. & Janet E. Schmidt 8000 Hooper Avenue f. Charles H. & Donna J. Braughton 8001 Hooper Avenue APPROVED DEPARTMENT HEAD CITY ATTORNEY _ CITY MANAGER AZ RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreements. BACKGROUND: The owners of the properties shown above desire to connect said properties to the City sewer system. The property owners claim that to pay the sewer connection and construction fees in one payment would produce an economic hardship. To assist in paying the connection and construction fees, the City has contracted with the property owner to apportion the connection and construction fees over an eight year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4648 dated August 18, 2011, authorizes the Kern County Tax Collector to collect the connection and construction fees in eight equal payments over the next eight years. do G:lsub\SHAREDW Hooper-Kimberly PSA\Kimberly-Hooper 2-1-12 ADMIN.doc January 13, 2012, 2:36PM F A, ADMINISTRATIVE REPORT IF MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: S. e- TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: January 18, 2012 APPROVED DEPARTMENT HEAD--~ CITY ATTORNEY CITY MANAGERS SUBJECT: Resolution to add territory, Area 2-49 (southeast corner of Stockdale Highway and Nord Road) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: On December 14, 2011, the Council adopted Resolution of Intention No. 1705 adding the above territory to 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 parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. 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) have also submitted a Proposition 218 ballot indicating their consent to the assessment. 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. Ps G:\GR0UPDAT\ADMINRPT\2012\02-1 \Res Estab admin - CMD 2-49.docx A4 ADMINISTRATIVE REPORT MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: 13.C- TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: January 18, 2012 CITY ATTORNEY CITY MANAGER--kS SUBJECT: Resolution to add territory, Area 3-83 (5500 Woodmere Drive) to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Reports and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: On January 11, 2012, the Council adopted Resolution of Intention No. 1706 adding the above territory to 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 parks and/or street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. 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) have also submitted a Proposition 218 ballot indicating their consent to the assessment. 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. ps G:\GR0UPDAT\ADMINRPT\2012\02-1\Res Estab admin - CMD 3-83.docx BAK Q~~~,oOol~rto tS ADMINISTRATIVE REPORT Cq f "Y "L MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney January 17, 2012 Amendment No. 3 to Agreement No. 03-310 for employment of Virginia Gennaro as City Attorney for the City of Bakersfield. APPROVED DEPARTMENT HEAD CITY ATTORNEY p~ CITY MANAGER /~sJ RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On October 22, 2003, City Council approved Agreement No. 03-310 for City Attorney legal services. On January 11, 2012, City Council concluded its annual (2010/2011) evaluation of the City Attorney. As a result of that review, City Council directed that the City Attorney contract be amended to provide the salary adjustment at the rate identified and recently approved in Resolution 111-11 for the City's Management Units (2% increase effective 12/19/2011). The attached Amendment No. 3 to Agreement No. 03-310 identifies this adjustment and is responsive to Council's direction. VG:Isc S:\C0UNCIL\Adm1ns\11-12 Admins\CityAttyAgr-VG-Amnd3.docx MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: R, k. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: January 19, 2012 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Contract Change Order Nos. 2 through 5 to Agreement No. 10-153 with Griffith Company ($98,675.48; revised not to exceed $2,903,565.96) for the Street Improvements: Gosford Road from Taft Highway to McCutchen Road Project (Ward 6). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project provides for the reconstruction and widening of Gosford Road from Taft Highway to McCutchen Road. Contract Change Order No. 2 provides for the stabilization of subgrade just north of Taft Highway. During construction, the subgrade in this area of future roadway was discovered to be wet and unstable. As such, this area needed to be stabilized prior to the placement of the aggregate base and asphalt concrete in order to provide a stable roadway surface. The contractor has agreed to accept a lump sum of $12,444.30 to perform this work. Contract Change Order No. 3 provides for installation of irrigation "sleeves." In order to provide for irrigation lines to the future landscape area, four inch conduit "sleeves" need to be installed under the new sidewalk in 15 locations. The contractor has agreed to do this work for the lump sum price of $4,433.92. Contract Change Order No. 4 provides for additional earthwork in the sidewalk area. During construction, it was discovered that the design grade of the new sidewalk did not provide the mandatory two feet of minimum cover over the 54 inch canal pipe as required by Kern Delta Water District. As such, additional earthwork had to be done in order to raise the sidewalk grade to provide the minimum cover. The contractor has agreed to accept a lump sum of $35,834.96 to perform this additional earthwork. Contract Change Order No. 5 provides for compensation for asphalt price increases. The work on this project was suspended in order to allow for PG&E and AT&T to move their facilities which were in conflict with the new roadway. During this period of time suspension, asphalt prices increased by 58% over the price in place at the time that the project was bid. The contractor has agreed to accept a lump sum price of $45,962.30 as compensation for this unforeseen asphalt price increase. RM (Construction) January 19, 2012, 1:38PM G:\GROUPDATWDMINRPT\2012\02-1\CCOs 2-5 Gosford Rd from Taft Hwy to McCutchen Rd.doc ADMINISTRATIVE REPORT The net cost of Change Order Nos. 2 through 5 is $98,675.48. The sum of all change order to date on this project reflects a total cost increase of $103,453.96 (which is 3.7% of the original contract amount) as illustrated below: Original Contract Amount = $2,800,112.00 Amended Contract Agreement after Change Orders = $2,903,565.96 Net Increase to date = $ 103,453.96 Sufficient funds are budgeted to cover the cost of these Contract Change Orders. RM (Construction) January 19, 2012, 1:38PM G:\GROUPDAT\ADMINRPT\2012\02-1\CCOs 2-5 Gosford Rd from Taft Hwy to McCutchen Rd.doc ADMINISTRATIVE REPORT IF MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: S. j TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: January 19, 2012 CITY ATTORNEY A4 CITY MANAGER SUBJECT: Contract Change Order No. 8 to Agreement No. 10-168 with Security Paving Company, Inc. ($40,000.00; for a revised not to exceed amount of $22,222,081.45) for the Construction of the Westside Parkway Phase 4 Project (TRIP) (Ward 2). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: The Westside Parkway Phase 4 Project consists of constructing four lanes of freeway between Truxtun Avenue (just west of the Burlington Northern and Santa Fe Railroad undercrossing) and the Mohawk Street Interchange. The project includes the construction of two bridge structures over the Kern River and one bridge structure over Truxtun Avenue (for eastbound traffic) as well as the construction of a box culvert for the Cross Valley Canal (CVC) which is owned and operated by the Kern County Water Agency (KCWA). The Westside Parkway will ultimately be an eight mile long, east-west freeway extending from Truxtun Avenue west to Stockdale Highway/Heath Road with interchanges at Mohawk Street, Coffee Road, Calloway Drive, and Allen Road and bridge crossings at Jewetta Avenue and Renfro Road. To construct the box culvert for the CVC, a temporary bypass canal is required to be constructed to allow canal water flow around the construction site. This temporary bypass was always part of the project. However, when the contractor excavated for this bypass, some unanticipated subsurface residual coke material was found along the bypass alignment. This material resulted in the KCWA requiring a separation (liner) between the bypass canal water and this material. Change Order No. 8 provides for the implementation of this liner. This change order results in an estimated not to exceed amount of $40,000. Staff recommends approval of Contract Change Order No. 8. Change orders to date, including this proposed change order, total $54,925. This is a .25% increase over the original contract amount as illustrated below: • Original Contract Amount = $ 22,167,156.45 • Previous Change Orders = $ 14,925.00 • Current Change Order No. 8 = $ 40,000.00 Amended Contract Agreement after Change Order = $ 22,222,081.45 Net Increase to date = $ 54,925.00 Sufficient funds have previously been budgeted to fund this contract change order. Tdw:G:\GROUPDATWDMINRPT\2012\02-1\Admin Rpt CCO 8 WSP-4.docx MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: January 19, 2012 APPROVED DEPARTMENT HEAD A=--- CITY ATTORNEY 4W CITY MANAGER & SUBJECT: Contract Change Order No. 2 to Agreement No. 11-078 with Granite Construction ($33,657.64; revised not to exceed $1,782,494.64) for the Pavement Rehabilitation 2011 Phase 2: Stine Road - Pacheco Road to White Lane Project (Ward 6). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for the reconstruction of Stine Road from Pacheco Road to White Lane. During the replacement of curb and gutter on this project, it was discovered that several existing sidewalk and drive approach areas will be lower than the new curb and gutter being installed. The contractor has agreed to remove and replace these sidewalks and drive approaches for a total of $12,406. During construction, several areas of unstable subgrade were discovered. These areas needed to be stabilized prior to the placement of asphalt concrete in order to provide a stable roadway surface. The contractor has agreed to stabilize these areas for the lump sum price of $82,738.77. A cost analysis of this work is on file. During the reconstruction of Stine Road, San Joaquin Railroad informed the City that they would be replacing the rail crossing panels on Stine Road just north of Pacheco Road. This required the contractor to modify their traffic control to provide for the closure of Stine Road in this area while San Joaquin Railroad is doing this work. The contractor has agreed to accept a lump sum price of $1,450.91 for providing this additional traffic control. While constructing the ADA access ramp on the southeast corner of Stine Road and White Lane, it was discovered that an 18 inch retaining wall needed to be installed in order to conform to the existing terrain in this area. The contractor has agreed to accept a lump sum of $2,238.44 to construct this wall. During sidewalk replacement on this project, some of the irrigation systems adjacent to the sidewalk had to be reconfigured to match the new sidewalk grade and alignment. The contractor has agreed to modify these irrigation systems for the lump sum price of $582.06. RM (Construction) January 19, 2012, 1:27PM G:\GR0UPDAT\HD1V1INRPT\2012\02-1\CCO 2 Stine Rd Reconstruction Pacheco to White doc ADMINISTRATIVE REPORT Several contract item quantities had to either be increased or decreased in order to construct this project per the plans and specifications. These quantity adjustments will result in a net savings of ($65,758.54). The net cost of Change Order No. 2 is $33,657.64. The sum of all change order to date on this project reflects a total cost increase of $170,606.64 (which is 10.6% of the original contract amount) as illustrated below: • Original Contract Amount = $1,611,888.00 • Amended Contract Agreement after Change Orders = $1,782,494.64 Net Increase to date = $ 170,606.64 Sufficient funds are budgeted to cover this Contract Change Order. RM (Construction) January 19, 2012, 1:27PM G:\GROUPDATIADMINRPT\2012\02-1 \CCO 2 Stine Rd Reconstruction Pacheco to White doc AKA M~"ORAT~U V ADMINISTRATIVE REPORT 10 MEETING DATE: Feb 1, 2012 AGENDA SECTION: Consent Calendar ITEM: 8 k TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover - Recreation and Parks Director DEPARTMENT HEAD n~ DATE: January 23, 2011 CITY ATTORNEY CITY MANAGER rJ SUBJECT: Accept bid and award contract to Southern Hemisphere Shades, Inc. for Dr. Martin Luther King Jr., Jefferson, Planz, and Lowell Parks Playground Shade Structure projects (Wards 1,247). RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This project includes the provision and installation of fabric shade structures over existing playground equipment at Dr. Martin Luther King Jr. Park located at1000 South Owens Street, Jefferson Park located at 801 Bernard Street, Planz Park located at 1601 Planz Road, and Lowell Park located at 800 4th Street. Fabric shade structures can reduce playground temperatures by 10 to 15 degrees, providing a safe and welcoming environment for play. The engineer's estimate for this project was $130,000. Funding is available for the Dr. Martin Luther King Jr., Jefferson, Planz, and Lowell Parks Playground Shade Structure projects within the Community Development Block Grant Fund. No General Fund monies will be used. On October 28, 2011, five bids were received; all of those bids are acceptable. Those bids are as follows: Southern Hemisphere Shades, Inc. 4212 Roseville Road, Unit G North Highlands, Ca 95660 Bid in the amount of $74,700.00 Courts and Greens 4039B Welltech Way Bakersfield, Ca 93308 Bid in the amount of $92,500.00 Community Playgrounds, Inc. 1620 Grant Avenue, Suite 5 Novato, Ca 94945 Bid in the amount of $107,388.00 Fleming Environmental inc. 1372 E. Valencia Drive Fullerton, Ca 92831 Bid in the amount of $121,000.00 January 24, 2012, 2:28PM S:201 1 admin/shade structures ADMINISTRATIVE REPORT DMG Construction Inc. 1226 W. Stuart Ave. Fresno, Ca 93711 Bid in the amount of $123,200.00 Based on funds available, staff recommends acceptance of bid and award of contract to Southern Hemisphere Shades, Inc. This agenda item was pulled from the January 1 1 th City Council Meeting due to a bid protest received from the second apparent low bidder, "Courts and Greens". Staff provided a response to the issues raised in the protest letter. A copy of staff's response is attached. kt January 24, 2012, 2:28PM S:201 1 admin/shade structures v .a`tA ADMINISTRATIVE REPORT MEETING DATE: February 01, 2012 AGENDA SECTION: Consent Calendar ITEM: 6. 1. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: January 20, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and award contract to Kern Asphalt Paving & Sealing Company, Inc. ($315,726.19), for the Street Widening: North and West of the Allen Road and Brimhall Road Intersection (Ward 4). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: Due to the development in the area, and the construction of the Westside Parkway, the City needs to widen Allen Road and Brimhall Road by adding an additional southbound lane and eastbound lane. This project will improve traffic flow in and through this area. This project is entirely funded with Transportation Development funds. The Engineer's Estimate for this construction contract was $532,000. Sufficient funds are budgeted to award this contract. On December 08, 2011, a total of seven bids were received; all of those bids are acceptable. Those bids are as follows: Kern Asphalt Paving & Sealing Company, Inc. 2000 Norris Road Bakersfield, CA 93308 (County) in the amount of $315,726.19 Burtch Construction 18815 Highway 65 Bakersfield, CA 93308 (County) in the amount of $331,072.64 Security Paving Company, Inc. 9050 Norris Avenue Sun Valley, CA 91352 in the amount of $334,258.92 Griffith Company 1 128 Carrier Parkway Avenue Bakersfield, CA 93308 (County) in the amount of $342,217.98 Granite Construction 585 West Beach Street Watsonville, CA 95076 in the amount of $346,604.28 PW/Design Engineering/sl 1/20/2012 9:50 AM G:\GR0UPDATWDMINRPT\2012\02-01 Wdmin T1 K214 Street Widening Brimhall Road and Allen Road.docx ADMINISTRATIVE REPORT Bowman Asphalt, Inc. 3527 Brian Way Bakersfield, CA 93308 (County) Herback General Engineering 2531 Nowlin Road Minden, NV 89423 sl in the amount of in the amount of $405,588.00 $544,690.83 PW/Design Engineering/sl 1/20/2012 9:43 AM G:\GROUPDATADMINRPT\2012102-01 Wdmin T1 K214 Street Widening Brimhall Road and Allen Road.docx MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: January 20, 2012 CITY ATTORNEY CITY MANAGER S SUBJECT: Accept bid from Gibbs International Trucks, Incorporated in the amount of $448,880.73 for three (3) Dump Trucks to replace refuse roll off trucks used by the Public Works Department, Solid Waste Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers of dump trucks to be used by the Solid Waste Division. Three (3) bids were received in response to solicitation. The Solid Waste Division has been using refuse roll-off trucks to transport green waste processed material on-site. Staff has determined that dump trucks will transport material more efficiently and at a lower cost. Funds are available in the Equipment Management Fund for this purchase. The three (3) units are being replaced to comply with the California Air Resources Board Emission Rule and Off- Road Emissions Regulations. The three (3) bids received are as follows. BIDDER AMOUNT Gibbs Truck Center $448,880.73 Bakersfield, CA (City) Bakersfield Truck Center $454,371.00 Bakersfield, CA (County) Golden State Peterbilt $510,879.74 Bakersfield, CA (City) Staff finds the bid submitted by Gibbs Truck Center to be acceptable. Purchasing Division/kb SAPURCH\ADMIMAdmin 11-12\High Cubic Yana Dump Truck, 11-12-58, February 1, 2012.docx January 20, 2012 MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: S. n TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: January 10, 2012 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bids from McCain, Inc. ($96,853.74) and DDL Traffic, Inc. ($10,349.63) for traffic signal equipment. Total bid amount is $107,203.38. (Citywide) RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: Invitations to bid were sent to eighty eight (88) suppliers for traffic signal equipment. Five (5) bids were received in response to the solicitation. Funding sources for this purchase are a combination of federal road funds, local transportation development funds and gas tax funds. No general fund dollars are being used. 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 ITEMS GROUP McCain, Inc. $96,853.75 Controller Equipment, Signal Interconnector Vista, California Equipment (Encom), Signal Poles & Mast Arms DDL Traffic, Inc. $10,349.63 Signal interruption/ Pre-emption Equipment Chino Hills, California (Opticom) A spreadsheet showing unit prices for all five bidders is attached. 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(V 8 O - C W yI 1IIIYYYY A ! I A I u U M m C I i 1 1 lu > C W e r ~ ~ N MI r N O A O P O ^ lV MI ~ N O A O P ~I N H lq ~ l4 ~ 6 H c u c C N w ~o Np hh N 7 N O. ~ N N W ~ o U p MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: 8. o TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: January 20, 2012 CITY ATTORNEY CITY MANAGER- SUBJECT: Storage Area Network (SAN) and Servers for the Police Department 1. Accept bid from Peacock Systems in the amount of $45,439.68 for one (1) SAN and three (3) servers for the Police Department. (Ward 2) 2. Appropriate $45,440 Equipment Management Fund balance to the Information Technologies budget within the Equipment Management Fund for the purchase of SAN and servers. RECOMMENDATION: Staff recommends acceptance of bid and approval of appropriation. BACKGROUND: Invitations to bid were sent to over four hundred (400) suppliers for computer equipment. Two (2) bids were received in response to the solicitation. The SAN and three (3) servers will replace the current SAN and six (6) servers. The updated equipment will allow for the use of new and future technologies and expansion at the Police Department. The installation of this equipment at this time will alleviate additional costs associated with transferring Police Department software to new infrastructure in the future. The (2) bids received are as follows: BIDDER AMOUNT Peacock Systems $45,439.68 Chino, CA Dell Marketing L.P. $46,055.85 Round Rock, TX Staff finds the bid submitted by Peacock Systems to be acceptable. Purchasing Division/kb SAPURMADMINWdmin 11-12\Dell SAN Storage, 11-12-57, February 1, 2012.docx j 6- ADMINISTRATIVE REPORT MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: January 23, 2012 CITY ATTORNEY CITY MANAGER & SUBJECT: Authorize one new Deputy City Attorney I / II position in the City Attorney's Office. RECOMMENDATION: Staff recommends approval. BACKGROUND: To effectively manage the ongoing demands for legal services by the City's various departments, the City Attorney's Office requires a second experienced mid-level attorney. This attorney should have significant experience in the practice of law and be able to address more complex cases having greater risk and consequences for the City and provide counsel to larger and more complex City departmental operations. In an effort to satisfy this existing need, the City Attorney's Office requests that the City Council authorize the creation of one position, a flex Deputy I / II Attorney, to be filled immediately. Funds to finance this position for the remainder of the 2011 /2012 fiscal year budget will come from salary savings in the current budget of the City Attorney's Office. VG:Isc S:\000NCIUAdmins\11-12 Admins\DeputyCityAtty.docx 1/23/2012 11:22 AM A ADMINISTRATIVE REPORT MEETING DATE: February 1, 2012 AGENDA SECTION: Consent Calendar ITEM: 8 TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: January 26, 2012 SUBJECT: Mid-Year Budget Adjustments: APPROVED DEPARTMENT HEAD CITY ATTORNEY _ CITY MANAGER 1. Appropriate $447,700 General Fund Balance and Appropriate $40,800 Special Revenue and Enterprise Fund Balance to various departmental operating budgets for salary increases recently approved for General Supervisory, Management, Police Sergeants and Fire personnel. (all Wards); 2. Appropriate $500,000 State Farm naming rights revenue within the Capital Outlay Fund for capital improvements to the State Farm Sports Village complex. (Ward 6); and 3. Appropriate $760,000 Equipment Management Fund Balance to the Equipment Fund Operating Budget for additional costs related to repair, maintenance, fuel and equipment parts. (all Wards). RECOMMENDATION: Staff recommends approval of the Appropriations. BACKGROUND: At the November 16, 2011 City Council meeting the Council approved salary increases for Supervisory, Management, Police Sergeants and Fire personnel. This budget action will increase various salary and benefit accounts to ensure departmental expenditures do not exceed authorized budget levels. The General Fund budget impact is estimated at $447,700. The budget impact to other funds (Arena, TRIP, Wastewater, Refuse, Water and Equipment Management) is estimated at $40,800. At the December 14, 2011 City Council meeting the Council entered into a naming rights agreement with State Farm Insurance. This budget action will appropriate those anticipated revenues for capital improvements to the State Farm Sports Village complex. Public Works staff has completed a mid-year analysis of operating costs and are requesting increases to certain budget line items. Due to past years deferral of vehicle replacement the Fleet division is experiencing higher than anticipated costs in both the repair and maintenance account ($175,000) and the equipment parts account ($275,000). Fuel costs are also higher than budgeted estimates, which require an increase of approximately $310,000 in order to avoid a budgetary shortfall in the current fiscal year. Overall budget savings in 2009-10 was about $200,000; about $180,000 of that was salary January 26, 2012, 10:54AM S:Wdmin\Admin ReportsWdmin - mid year bud adj feb 2012.doc ADMINISTRATIVE REPORT savings, thus their $20 million operating budget ended the year with a very small cushion of about $20,000. In 2010-11 the Equipment division's budget savings was about $68,000; again a very small surplus given the size of their budget. The 2011-12 budget is also very tight. We can see repair and parts costs trending higher, which we equate to the older fleet and our deferral of replacement in past years. Fuel costs are also a problem. The 2011-12 budget for fuel was increased by only $35,000 over the prior fiscal year actual costs and fuel prices have been higher during the first several months of the current fiscal year. Again, the budgetary action being requested is an attempt to avoid year end budgetary variances and potential associated audit findings. January 26, 2012, 10:54AM S:Wdmin\Admin ReportsWdmin - mid year bud adj feb 2012.doc MEETING DATE: February 1, 2012 AGENDA SECTION: Hearing ITEM: I Z. Q. TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: December 8, 2011 SUBJECT: Underground Utility District. APPROVED DEPARTMENT HEAD CITY ATTORNEY_ CITY MANAGER >r. Public hearing as required by Resolution of Intention No. 1704 declaring the City's intention to order the establishment of Underground Utility District No. 2, Division 35 (Wible Road, Panama Lane to Berkshire Road). 2. Resolution establishing Underground Utility District No. 2, Division 35 (Wible Road, Panama Lane to Berkshire Road). (Ward 7) RECOMMENDATION: Staff recommends overriding protests and adopting Resolution establishing Underground Utility District No. 2, Division 35 (Wlble Road, Panama Lane to Berkshire Road) BACKGROUND: The City Council approved Resolution of Intention No. 1704 on January 12, 2012 which set the public hearing for February 1, 2012. The hearing has been duly advertised and the property owners notified as required by law. This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. All overhead lines in the area of Wibie Road between Panama Lane and Berkshire Road shall be removed and shall be placed underground. The district encompasses Wible Road between Panama Lane and Berkshire Road and the parcels with direct frontage on this section of Wible Road. The district will be constructed with PG&E Rule 20A funds at no cost to the City. As a part of the undergounding process, any existing overhead facilities for communication and electric services are converted to underground services. These costs are paid for through Rule 20A Funds, not out of any city funding sources. Rule 20A allocates up to $1,500 per service entrance excluding permit fees for this conversion. mps December 8, 2011, 10:05AM G:\GROUPDAT\ADMI NRPT\2012\02-1 \2-35Est.docx BAKEnn Q~~;p4PORA, `Cs1 d ADMINISTRATIVE REPORT IFO MEETING DATE: February 1, 2012 AGENDA SECTION: Successor Agency Business ITEM: 16. (L. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director January 25, 2012 Adoption of the Amended Enforceable Obligation Payment Schedule per AB26- Section 34167 and 34169 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends adoption of the Amended Enforceable Obligation Payment Schedule BACKGROUND: A recent Supreme Court decision upheld the Dissolution of Redevelopment Agencies AB26x1 effective February 1, 2012. As a result, the Successor Agency is required to create a Redevelopment Obligation Retirement Fund by February 1, 2012 in which the Redevelopment Agency assets will be transferred to. The Redevelopment Agency adopted an Enforceable Obligation Payment Schedule in August 2011 as required. The regulations allow an opportunity to amend the schedule and transfer it to the Successor Agency for action. The Successor Agency may also modify the schedule if necessary and also adopt the Amended Enforceable Obligation Payment Schedule (EOPS) prepared by the former Redevelopment Agency. The Successor Agency may only make payments for those obligations identified in the EOPS until it adopts another schedule known as the formal Recognized Obligation Schedule (ROPS). It is important for the amended EOPS to be accurate and reflect all of the obligations and payments required by the former Redevelopment Agency. The payments should be reflected through the fiscal year ending June 2012. This is needed because the dissolution bill also calls for the Successor Agency to create a new schedule called the Recognized Obligation Payment Schedule (BOPS). The Successor Agency in the interim (starting February 1), will make only the payments listed as enforceable obligations on the EOPS. This action will make sure that all of the former Redevelopment Agency obligations are met until such time as the first recognized obligation payment schedule (the ROPS) has been prepared by the Successor Agency, certified and approved by the Successor Agency's oversight board. The dissolution bill does not define a timeline for this entire process to be accomplished by the various agencies involved. The ROPS is required to be prepared and submitted every six months by the Successor Agency to the Oversight Board where it will be certified and transmitted to the State. The draft of the first ROPS covering the payment period from January 1, 2012 through June 30, 2012 is required to be S:\Admins\City Council\City Council Admins 2012\Amended EOPS Payment Schedule.Doc January 25, 2012 3:20 PM DK ADMINISTRATIVE REPORT Page2 submitted to the Auditor Controller no later than March 1, 2012. The ROPS will be included on the February 15, 2012 agenda for approval. The outstanding obligations identified for the Redevelopment Agency on the attached EOPS total $118,039,887, with $30,060,097 in payments expected to be made on enforceable contracts, notes and bonds due in fiscal year July 1, 2011 through June 30, 2012. The debt service payments required for the obligations identified will be allocated from redevelopment funds on hand, redevelopment bond funds and future property tax funds that will need to be requested from the Auditor Controller annually from a special fund established to retire the debts and obligations of the former Bakersfield Redevelopment Agency. Staff has conducted a review of all of the enforceable obligations of the Redevelopment Agency and amended the schedule to include public infrastructure projects and residential developments that are obligated under the Prop 1 C State Grant Agreement. The Prop 1 C agreement requires the development of five affordable residential projects and five infrastructure projects be constructed in the Mill Creek Infill Area bounded by Golden State, Union Avenue, N Street and California. The Redevelopment Agency received a $10.9 million dollar grant award contingent on the construction of the infrastructure projects and development of the affordable housing units. Four residential projects are under development contract with one remaining to be awarded at 201h Street. In addition, three infrastructure projects have been awarded construction contracts with two remaining. The remaining two includes the 17th Street Mill Creek Linear Park Plaza and the Sister City Phases for the Mill Creek Linear Park Project. The funds required to construct these improvements and the housing development on 20th street are identified as obligations in the amended EOPS. S:\Admins\City Council\City Council Admins 2012\Amended EOPS payment schedule.doc 1/25/2012 3:20 PM dk MEETING DATE: February 1, 2012 AGENDA SECTION: Successor Agency Business ITEM: 16. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: January 25, 2012 CITY ATTORNEY ~j CITY MANAGER SUBJECT: Budgetary and Accounting Actions for City to act as Successor Agency for the dissolved Bakersfield Redevelopment Agency and related Redevelopment Housing Activities. 1. Authorize creation of required Redevelopment Obligation Retirement Funds as Successor Agency to the dissolved Bakersfield Redevelopment Agency. (all Wards); 2. Authorize name change of the former Bakersfield Redevelopment Agency Debt Service, Operating and Housing Funds to City of Bakersfield Successor Agency Debt Service, Operating and Housing Funds effective February 1, 2012; and 3. Authorize transfer of all former Bakersfield Redevelopment Agency assets and liabilities to the respective Successor Agency Funds; and 4. Authorize transfer remaining appropriations of approximately $21,059,885 from the Redevelopment Agency Debt Service, Operating and Housing Funds to the respective Successor Agency Funds to facilitate payment of Enforceable Obligations through June 30, 2012. RECOMMENDATION: Staff recommends approval. BACKGROUND: In accordance with State law the Bakersfield Redevelopment Agency is dissolved as of February 1, 2012. As Successor Agency, the City is required to create a new fund titled "Redevelopment Obligation Retirement Fund". This fund is created by the legislation to take in allocations from the County and utilize those to pay obligations specified on the Enforceable Obligation Payment Schedule. Although there is a general lack of clarity regarding the new law, staff is recommending a new fund be created for each former redevelopment project area to maintain consistency of record keeping. In order to have a clean separation of accounting records, staff is also requesting authorization to implement a name change of former redevelopment funds and to transfer all assets, liabilities and remaining appropriations as of February 1, 2012 from the former Redevelopment Funds to the newly created Successor Agency Funds. The transfer amount referenced above is an estimate based on best available information at the time this report was prepared. The actions above are intended to "close out" the books of the former RDA effective February 1, 2012. January 25, 2012, 10:39AM S:Wdmin\Admin ReportsWdmin - city budget action on rda disolution feb 2012.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 11, 2012 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Salas, Benham, Weir, Hanson, Sullivan, Johnson Absent: None City Clerk Gafford announced staff has requested that Consent Calendar item 8.dd. be pulled from the agenda. 2. INVOCATION by Pastor Greg Haslow, Bakersfield First Assembly Church. 3. PLEDGE OF ALLEGIANCE by Jackson Jordan, kindergarten student at Veterans Elementary School. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Zac Griffin, with Bike Bakersfield, spoke in support of Consent Calendar item 8.d. and submitted written material. 6. WORKSHOPS a. Update on Capital Improvement Program Budget. Public Works Director Rojas introduced Civil Engineer Ramming, who made staff comments and provided a PowerPoint presentation. Vice-Mayor Couch requested that a formal policy be adopted for the designation on Taff Highway similar to what was adopted for 7th Standard Road. ACTION TAKEN Bakersfield, California, December 14, 2011 - Page 2 6. WORKSHOPS continued Item 6.a. continued Councilmember Johnson asked staff to work with PG&E to speed up the process on the widening of the Wible Rood/Berkshire to Panama segment. 7. APPOINTMENTS a. One appointment to Planning Commission due to the resignation of Murray Tragish, whose term expires April 30, 2013. City Clerk Gafford announced applications were received from Justin B. Batey, Marvin Dean, and Jason Boone Matthews. ACTION TAKEN Motion by Councilmember Hanson to appoint APPROVED Justin B. Batey to till the unexpired term of Murray Tragish, whose term expires April 30, 2013, on the Planning Commission Board. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the December 14, 2011 Regular City Council Meeting. Payments: b. Receive and file department payments from December 2, 2011 to December 29, 2011 in the amount of $24,180,434.53 and self-insurance payments from December 2, 2011 to December 29, 2011 in the amount of $578,496.60, totaling $24,758,931.13. Ordinances: Resolutions: C. Resolution calling for the Mayor's Primary RES 001-12 Election and requesting consolidation with the County of Kern, for the Statewide Direct Primary Election to be held Tuesday, June 5, 2012. d. Resolution supporting the Healthy Eating, Active RES 002-12 Living (HEAL) Cites Campaign through the League of California Cities. Bakersfield, California, December 14, 2011 - Page 3 8. CONSENT CALENDAR continued ACTION TAKEN e. Resolution confirming approval by the City RES 003-12 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. f. Resolution approving application for RES 004-12 annexation of uninhabited territory to the City of Bakersfield identified as Annexation No. 624 consisting of 17.28 acres, located along the north side of Taft Highway, east and west of Stine Road. g. Sewer connection and construction fee assessments: Resolution confirming assessments for RES 005-12 sewer connection and construction fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreements with the following property owners to pay sewer connection and construction fees in installments through the Kern County Tax Collector. a. William J. & Ann Kinnett, 7705 AGR 12-001 Hooper Ave. b. Ray W. & Quandala Graham, AGR 12-002 7908 Kimberly Ave. C. Michael Roy Hulbrt, 7904 Kimberly AGR 12-003 Ave. d. Adrian & Shastine Y. Arias, 7604 AGR 12-004 Kimberly Ave. e. Milton J. & Marilyn C. Webster, AGR 12-005 7712 Kimberly Ave. f. Franklin W. & Dorthy E. Allen, 7913 AGR 12-006 Hooper Ave. Bakersfield, California, December 14, 2011 - Page 4 8. CONSENT CALENDAR continued Item 8.g.2. continued g. Richard D. & Judith I. Baize, 7600 Hooper Ave. h. Robert E. & Carolyn J. Balch, 7709 Kimberly Ave. i. Roy & Marilyn A. Garcia, 7804 Kimberly Ave. j. Michael D. & Genita K. Holman, 7608 Kimberly Ave. k. Andrew & Delphine R. Lopez, 7801 Kimberly Ave. 1. David E. & Michelle D. Reed, 7605 Kimberly Ave. h. Homeland Security Grants on behalf of the Kern Operational Area: Resolution determining that the City Manager, or his designee, is appointed as authorized agent to execute any actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California to the County of Kern and through the County of Kern to the City. 2. Memorandum of Understanding with the County of Kern - Homeland Security Grant funding Agreement for acquisition of specialized equipment, training and other professional services. 3. Appropriate $183,621 Fiscal Year 2011 Homeland Security Grant Funds to the Capital Outlay Fund Capital Improvement Budget. 4. Appropriate $101,693 Federal Grant Revenue to the Fire Department Operating Budget within the Metropolitan Medical Response System Fund. ACTION TAKEN AGR 12-007 AGR 12-008 AGR 12-009 AGR 12-010 AGR 12-011 AGR 12-012 RES 006-12 AGR 12-013 Bakersfield, California, December 14, 2011 - Page 5 8. CONSENT CALENDAR continued City in the Hills Park Playground: 1. Resolution determining that Challengers Playscape playground equipment with slides cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof to purchase and install Challengers Playscape playground with slides from Dave Bang Associates, Inc., not to exceed $40,000. 2. Agreement with Dave Bang Associates, Inc. (not to exceed $40,000) to purchase and install Challengers Playscape playground equipment with slides. Greystone Park Playground: Resolution determining that playground equipment for 2-5 year olds cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof to purchase and install playground equipment for 2-5 year olds from Great Western Park & Playground, not to exceed $75,000. 2. Agreement with Great Western Park & Playground (not to exceed $75,000) to purchase and install playground equipment for 2- 5 year olds. k. Amendment No. 1 to Resolution No. 036-11 further suspending application to allow for discretionary extensions of vesting rights in subdivision maps. Amendment No. 1 to Resolution No. 118-11 revising the date of the regular meeting of the City Council during the month of December, 2012. ACTION TAKEN RES 007-12 AGR 12-014 RES 008-12 AGR 12-015 RES 036-11(1) RES 118-11(1) Bakersfield, California, December 14, 2011 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN M. Resolution of Intention No. 1706 to add territory, ROI 1706 Area 3-83 (5500 Woodmere Drive), to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. n. Resolution of Intention No. 1704 calling a public ROI 1704 hearing to determine whether public necessity, health, safety or welfare requires formation of an Underground Utility District within designated area - District No. 2, Division 35 (Wible Road, Panama Lane to Berkshire Road). Agreements: o. Memorandum of Understanding with FKM AGR 12-016 Associates, LLC for the construction of Mohawk Street north of Rosedale Highway. P. Agreement with Community Action Partnership AGR 12-017 of Kern ($151,000) for construction of Multi-Use ABS SALAS Sports Fields at the Friendship House Community Center located at 2424 Cottonwood Road. q. Agreement with the California Department of AGR 12-018 Parks and Recreation, Office of Historic Preservation ($331,402.04), for providing priority attention to Thomas Roads Improvement Program Projects. (TRIP) r. Agreement with Kern Council of Governments AGR 12-019 for the pass-through of Public Transportation Modernization, Improvement, and Service Enhancement Account funds for the construction of the Bakersfield Amtrak Station parking structure. S. Cooperative Agreement with California AGR 12-020 Department of Transportation (no fiscal impact) for Street Improvements on Taft Highway (SR 119), from Gosford to Ashe roads. t. New Bakersfield Regional Habitat Conservation Plan (BRHCP): 1. Agreement to receive funds from the AGR 12-021 California Department of Fish and Game ($348,742) to initiate planning. Bakersfield, California, December 14, 2011 - Page 7 8. CONSENT CALENDAR continued Item 8.t. continued 2. Agreement with ICF Jones & Stokes ($344,800) to prepare documentation that will be used for BRHCP. 3. Appropriate $348,742 California Department of Fish and Game Grant to the Development Services Operating Budget in the Capital Outlay Fund. U. Amendment No. 1 to Agreement No. 07-017 with Coca-Cola Bottling Company of Southern California for extending term for soft drink vending services in City parks. V. Amendment No. 1 to Agreement No. 11-059 with outside counsel, Clifford & Brown (not to exceed $175,000), for legal services for general personnel issues. W. Amendment No. 2 to Agreement No. 10-036 with Loop Electric, Inc. ($40,000; revised not to exceed $92,250 and extend term for one year) to continue the supply of vehicle loop cutting. X. Amendment No. 2 to Agreement No. 10-107 with Kern Sprinkler Landscaping, Inc. ($130,000; revised not to exceed $354,648.25) to continue the supply of landscape and irrigation services. Y. Amendment No. 1 to Agreement No. FD11-028 with Graham Prewett, Inc. ($16,125; revised not to exceed $41,125) for roof maintenance at Fire Station No. 8. Z. Contract Change Order No. 14 to Agreement No. 09-076 with Security Paving Company, Inc. ($296,759.45; revised not to exceed $84,375,656.46) for construction of the Westside Parkway Phase 2 Project. (TRIP) aa. Contract Change Order No. 2 to Agreement No. 11-011 with MGE Underground, Inc. ($57,894.03; revised not to exceed $4,702,116.43) for construction of the Westside Parkway Phase 6A Project. (TRIP) ACTION TAKEN AGR 12-022 AGR 07-017(1) AGR 11-059(1) AGR 10-036(2) AGR 10-107(2) AGR 12-023 AGR 09-076 00014 AGR 11-011 0002 Bakersfield, California, December 14, 2011 - Page 8 8. CONSENT CALENDAR continued bb. Contract Change Order Nos. 1 and 2 to Agreement No. 11-077 with Granite Construction Company ($106,941.22; revised not to exceed $1,314,649.22) for Pavement Rehabilitation 2011 Phase 3 Project: Pacheco Road from Akers Road to Wible Road; and Pacheco Road from Hughes Lane to South H Street. Bids: cc. Accept bid and approve contract with Terry Bedford Concrete Construction, Inc. (not to exceed $412,900) for construction of HUD curb and gutter. dd. Accept bid and approve contract with Southern Hemisphere Shades, Inc. for Dr. Martin Luther King Jr., Jefferson, Planz, and Lowell Parks Playground Shade Structure Projects. Miscellaneous: ee. Appropriate $66,000 County Grant Revenues to the General Fund Police Operating Budget to provide funding to deter, investigate, and prosecute real estate fraud crimes. ff. Appropriate $84,256 Federal Grant Revenues (Fiscal Year 2011-12 Sobriety Checkpoint Mini- Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for DUI checkpoints in the Traffic Division. gg. Audit Reports for Fiscal Year ended June 30, 2011 (refer to Budget & Finance Committee): 1. Comprehensive Annual Financial Report (CAFR). 2. Agreed Upon Conditions Report. 3. Single Audit Report - Schedule of Federal Expenditures for the City. ACTION TAKEN AGR 11-077 CCO1, 0002 AGR 12-024 REMOVED BY STAFF Bakersfield, California, December 14, 2011 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN 4. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) for the City. 6. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre. hh. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for park impact fees prepared in accordance with California Government Code §66006. ii. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for bridge crossing and major thoroughfare fees prepared in accordance with California Government Code §66006. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for planned drainage area fees prepared in accordance with California Government Code §66006. kk. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for planned sewer area fees prepared in accordance with California Government Code §66006. II. Review and accept Fiscal Year 2010-2011 Annual Compliance Report for transportation impact fees prepared in accordance with California Government Code §66006. Councilmember Solos announced he would abstain, due to a potential conflict because of his position as a board member for Community Action Partnership of Kern, on item 8.p. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar items 8.a. through 8.11., with the removal of Item 8.dd. Bakersfield, California, December 14, 2011 - Page 10 9. 10. CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN a. Public Hearing to consider Resolution RES 009-12 making findings and updating the Capital Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation Plan. (Staff recommends adoption of Resolution.) b. Public Hearing and adoption of Ordinance ORD 4660 amending Chapter 1.12 revising the boundaries of City Council Wards 1 through 7. (FR 12/14/11) (Staff recommends adoption of Ordinance.) Consent Calendar Public Hearings opened at 5:41 p.m. No one spoke. Consent Calendar Public Hearings closed at 5:41 p.m. Motion by Vice-Mayor Couch to adopt Consent APPROVED Calendar Public Hearings items 9.a. and 9.b. CLOSED SESSION a. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (One potential case) b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b) (3) (A) of Government Code Section 54956.9. (One matter) C. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1)/54957.6. Motion by Vice-Mayor Couch to adjourn to Closed APPROVED Session at 5:42 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 7:02 p.m. RECONVENED MEETING AT 7:05 p.m. Bakersfield, California, December 14, 2011 - Page 11 11. 12 13. CLOSED SESSION ACTION ACTION TAKEN a. Conference with Legal Counsel - Initiation of UNANIMOUS VOTE TO INITIATE LITIGATION TO Litigation; Closed Session pursuant to subdivision RECOVER BOND (c) of Government Code Section 54956.9. (One PROCEEDS FOR CITY potential case) IN THE HILLS TRACT 6452 b. Conference with Legal Counsel - Potential NO REPORTABLE Litigation; Closed Session pursuant to ACTION subdivision (b) (3) (A) of Government Code Section 54956.9. (One matter) C. Public Employee Performance Evaluation - City APPROVED TWO Attorney; Closed Session pursuant to PERCENT SALARY Government Code Section 54957(b)(1)/54957.6. INCREASE HEARINGS None REPORTS a. California Supreme Court Decision regarding Dissolution of Redevelopment Agencies: 1. Resolution determining that the City of RES 010-12 Bakersfield elects to, and shall, serve as the successor agency to the dissolved Bakersfield Redevelopment Agency pursuant to Health and Safety Code Section 34173. 2. Resolution determining that the City of RES 011-12 Bakersfield shall retain the housing assets and functions of the dissolved Bakersfield Redevelopment Agency pursuant to Health and Safety Code Section 34176. City Clerk Gafford announced that a memorandum has been submitted from staff to the Council transmitting the Redevelopment Agency's Resolution regarding forgiveness of loans. Economic Development Director Kunz made staff comments, provided a PowerPoint presentation, and recommended adoption of the Resolutions. Motion by Vice-Mayor Couch to adopt the APPROVED Resolutions. Bakersfield, California, December 14, 2011 - Page 12 13. REPORTS continued ACTION TAKEN b. Thomas Roads Improvement Program Update. (TRIP) Public Works Director Rojas made staff comments, provided a PowerPoint presentation, and recommended acceptance of the Report. Motion by Vice-Mayor Couch to accept the APPROVED Report. 14. DEFERRED BUSINESS None. 15. NEW BUSINESS a. Resolution authorizing the issuance and sale RES 012-12 (not to exceed $25 million) in aggregate principal amount of City of Bakersfield, California Wastewater Revenue Refunding Bonds Series 2012A; approving a third supplemental trust indenture, a remarketing agreement, a standby bond purchase agreement, an official statement, a bond purchase agreement, an escrow agreement, and a continuing disclosure certificate and authorizing and directing additional actions in connection with the issuance of Revenue Refunding Bonds. Finance Director Smith made staff comments and recommended adoption of the Resolution. City Attorney Gennaro made additional staff comments. Motion by Vice-Mayor Couch to adopt the APPROVED Resolution. 16. COUNCIL AND MAYOR STATEMENTS Councilmember Benham requested that the matter of the citywide recycling program and the blue bins be reviewed by the Budget and Finance Committee. Counciimember Benham requested that the members of the Redevelopment Agency be invited to the February 1st meeting for a formal recognition or proclamation. Bakersfield, California, December 14, 2011 - Page 13 16. COUNCIL AND MAYOR STATEMENTS Councilmember Salas asked staff to eradicate the graffiti in front of Sequoia Middle School between South P Street and Ming Avenue. Councilmember Sullivan thanked Recreation and Parks Director Hoover for getting the resolution together for Bakersfield to be part of the healthy living cities campaign; and wished everyone Happy New Year. Mayor Hall advised that last Saturday, the Keep Bakersfield Beautiful Committee conducted their annual retreat to review last year's activities and plan this year's, and it was very well attended by the Committee members and alternates, and they have set a very aggressive campaign for this next year to enhance the beautification of the City. Mayor Hall announced that last Saturday 18 volunteers from the Mayor's Freeway Cleanup program picked up 40 bags of trash in a two-hour period; and the next cleanup will be on the 21St of January. 17. ADJOURNMENT Mayor Hall adjourned the meeting at 7:58 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